[Congressional Record Volume 158, Number 99 (Thursday, June 28, 2012)]
[House]
[Pages H4432-H4601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 4348, MOVING AHEAD FOR PROGRESS IN THE 21ST 
                              CENTURY ACT

  Mr. MICA (during the Special Order of Mr. Graves of Georgia) 
submitted the following conference report and statement on the bill 
(H.R. 4348) to provide an extension of Federal-aid highway, highway 
safety, motor carrier safety, transit, and other programs funded out of 
the Highway Trust Fund pending enactment of a multiyear law 
reauthorizing such programs, and for other purposes:

                  Conference Report (H. Rept. 112-557)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4348), to provide an extension of Federal-aid highway, 
     highway safety, motor carrier safety, transit, and other 
     programs funded out of the Highway Trust Fund pending 
     enactment of a multiyear law reauthorizing such programs, and 
     for other purposes, having met, after full and free 
     conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

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

       (a) Short Title.--This Act may be cited as the ``Moving 
     Ahead for Progress in the 21st Century Act'' or the ``MAP-
     21''.
       (b) Divisions.--This Act is organized into 8 divisions as 
     follows:
       (1) Division A-Federal-aid Highways and Highway Safety 
     Construction Programs.
       (2) Division B-Public Transportation.
       (3) Division C-Transportation Safety and Surface 
     Transportation Policy.
       (4) Division D-Finance.
       (5) Division E-Research and Education.
       (6) Division F-Miscellaneous.
       (7) Division G-Surface Transportation Extension.
       (8) Division H-Budgetary Effects.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; organization of Act into divisions; table of 
              contents.
Sec. 2. Definitions.
Sec. 3. Effective date.

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

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. National Highway System.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Surface transportation program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection 
              standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight policy.
Sec. 1116. Prioritization of projects to improve freight movement.
Sec. 1117. State freight advisory committees.
Sec. 1118. State freight plans.
Sec. 1119. Federal lands and tribal transportation programs.
Sec. 1120. Projects of national and regional significance.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.
Sec. 1122. Transportation alternatives.
Sec. 1123. Tribal high priority projects program.

                   Subtitle B--Performance Management

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

              Subtitle C--Acceleration of Project Delivery

Sec. 1301. Declaration of policy and project delivery initiative.

[[Page H4433]]

Sec. 1302. Advance acquisition of real property interests.
Sec. 1303. Letting of contracts.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Accelerated decisionmaking.
Sec. 1307. Assistance to affected Federal and State agencies.
Sec. 1308. Limitations on claims.
Sec. 1309. Accelerating completion of complex projects within 4 years.
Sec. 1310. Integration of planning and environmental review.
Sec. 1311. Development of programmatic mitigation plans.
Sec. 1312. State assumption of responsibility for categorical 
              exclusions.
Sec. 1313. Surface transportation project delivery program.
Sec. 1314. Application of categorical exclusions for multimodal 
              projects.
Sec. 1315. Categorical exclusions in emergencies.
Sec. 1316. Categorical exclusions for projects within the right-of-way.
Sec. 1317. Categorical exclusion for projects of limited Federal 
              assistance.
Sec. 1318. Programmatic agreements and additional categorical 
              exclusions.
Sec. 1319. Accelerated decisionmaking in environmental reviews.
Sec. 1320. Memoranda of agency agreements for early coordination.
Sec. 1321. Environmental procedures initiative.
Sec. 1322. Review of State environmental reviews and approvals for the 
              purpose of eliminating duplication of environmental 
              reviews.
Sec. 1323. Review of Federal project and program delivery.

                       Subtitle D--Highway Safety

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

                       Subtitle E--Miscellaneous

Sec. 1501. Real-time ridesharing.
Sec. 1502. Program efficiencies.
Sec. 1503. Project approval and oversight.
Sec. 1504. Standards.
Sec. 1505. Justification reports for access points on the Interstate 
              System.
Sec. 1506. Construction.
Sec. 1507. Maintenance.
Sec. 1508. Federal share payable.
Sec. 1509. Transferability of Federal-aid highway funds.
Sec. 1510. Idle reduction technology.
Sec. 1511. Special permits during periods of national emergency.
Sec. 1512. Tolling.
Sec. 1513. Miscellaneous parking amendments.
Sec. 1514. HOV facilities.
Sec. 1515. Funding flexibility for transportation emergencies.
Sec. 1516. Defense access road program enhancements to address 
              transportation infrastructure in the vicinity of military 
              installations.
Sec. 1517. Mapping.
Sec. 1518. Buy America provisions.
Sec. 1519. Consolidation of programs; repeal of obsolete provisions.
Sec. 1520. Denali Commission.
Sec. 1521. Uniform Relocation Assistance and Real Property Acquisition 
              Policies Act of 1970 amendments.
Sec. 1522. Extension of public transit vehicle exemption from axle 
              weight restrictions.
Sec. 1523. Use of debris from demolished bridges and overpasses.
Sec. 1524. Use of youth service and conservation corps.
Sec. 1525. State autonomy for culvert pipe selection.
Sec. 1526. Evacuation routes.
Sec. 1527. Consolidation of grants.
Sec. 1528. Appalachian development highway system.
Sec. 1529. Engineering judgment.
Sec. 1530. Transportation training and employment programs.
Sec. 1531. Notice of certain grant awards.
Sec. 1532. Budget justification.
Sec. 1533. Prohibition on use of funds for automated traffic 
              enforcement.
Sec. 1534. Public-private partnerships.
Sec. 1535. Report on Highway Trust Fund expenditures.
Sec. 1536. Sense of Congress on harbor maintenance.
Sec. 1537. Estimate of harbor maintenance needs.
Sec. 1538. Asian carp.
Sec. 1539. Rest areas.

                   Subtitle F--Gulf Coast Restoration

Sec. 1601. Short title.
Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restoration and economic 
              recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, 
              Monitoring, and Technology program.
Sec. 1605. Centers of excellence research grants.
Sec. 1606. Effect.
Sec. 1607. Restoration and protection activity limitations.
Sec. 1608. Inspector General.

          TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION

Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act of 
              1998 amendments.

                   DIVISION B--PUBLIC TRANSPORTATION

Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies and purposes.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Urbanized area formula grants.
Sec. 20008. Fixed guideway capital investment grants.
Sec. 20009. Mobility of seniors and individuals with disabilities.
Sec. 20010. Formula grants for rural areas.
Sec. 20011. Research, development, demonstration, and deployment 
              projects.
Sec. 20012. Technical assistance and standards development.
Sec. 20013. Private sector participation.
Sec. 20014. Bus testing facilities.
Sec. 20015. Human resources and training.
Sec. 20016. General provisions.
Sec. 20017. Public Transportation Emergency Relief Program.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Administrative provisions.
Sec. 20025. National transit database.
Sec. 20026. Apportionment of appropriations for formula grants.
Sec. 20027. State of good repair grants.
Sec. 20028. Authorizations.
Sec. 20029. Bus and bus facilities formula grants.
Sec. 20030. Technical and conforming amendments.

  DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

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

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

                       Subtitle A--Highway Safety

Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. National priority safety programs.
Sec. 31106. High visibility enforcement program.
Sec. 31107. Agency accountability.
Sec. 31108. Emergency medical services.
Sec. 31109. Repeal of programs.

                Subtitle B--Enhanced Safety Authorities

Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Odometer requirements.
Sec. 31206. Increased penalties and damages for odometer fraud.
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and 
              equipment to defective vehicles and equipment.
Sec. 31208. Conditions on importation of vehicles and equipment.
Sec. 31209. Port inspections; samples for examination or testing.

              Subtitle C--Transparency and Accountability

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

          Subtitle D--Vehicle Electronics and Safety Standards

Sec. 31401. National Highway Traffic Safety Administration electronics, 
              software, and engineering expertise.
Sec. 31402. Electronic systems performance.

                   Subtitle E--Child Safety Standards

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

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

Sec. 31601. Rulemaking on visibility of agricultural equipment.

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

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

           Subtitle A--Commercial Motor Vehicle Registration

Sec. 32101. Registration of motor carriers.

[[Page H4434]]

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

              Subtitle B--Commercial Motor Vehicle Safety

Sec. 32201. Crashworthiness standards.
Sec. 32202. Canadian safety rating reciprocity.
Sec. 32203. State reporting of foreign commercial driver convictions.
Sec. 32204. Authority to disqualify foreign commercial drivers.
Sec. 32205. Revocation of foreign motor carrier operating authority for 
              failure to pay civil penalties.
Sec. 32206. Rental truck accident study.

                       Subtitle C--Driver Safety

Sec. 32301. Hours of service study and electronic logging devices.
Sec. 32302. Driver medical qualifications.
Sec. 32303. Commercial driver's license notification system.
Sec. 32304. Commercial motor vehicle operator training.
Sec. 32305. Commercial driver's license program.
Sec. 32306. Commercial motor vehicle driver information systems.
Sec. 32307. Employer responsibilities.
Sec. 32308. Program to assist Veterans to acquire commercial driver's 
              licenses.

                   Subtitle D--Safe Roads Act of 2012

Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol 
              test results of commercial motor vehicle operators.

                        Subtitle E--Enforcement

Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Impoundment and immobilization of commercial motor vehicles 
              for imminent hazard.
Sec. 32505. Increased penalties for evasion of regulations.
Sec. 32506. Violations relating to commercial motor vehicle safety 
              regulation and operators.
Sec. 32507. Emergency disqualification for imminent hazard.
Sec. 32508. Disclosure to State and local law enforcement agencies.
Sec. 32509. Grade crossing safety regulations.

             Subtitle F--Compliance, Safety, Accountability

Sec. 32601. Motor carrier safety assistance program.
Sec. 32602. Performance and registration information systems management 
              program.
Sec. 32603. Authorization of appropriations.
Sec. 32604. Grants for commercial driver's license program 
              implementation.
Sec. 32605. Commercial vehicle information systems and networks.

           Subtitle G--Motorcoach Enhanced Safety Act of 2012

Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger 
              evacuation, and crash avoidance.
Sec. 32704. Fire prevention and mitigation.
Sec. 32705. Occupant protection, collision avoidance, fire causation, 
              and fire extinguisher research and testing.
Sec. 32706. Concurrence of research and rulemaking.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing 
              a system of certification of training programs.
Sec. 32709. Commercial driver's license passenger endorsement 
              requirements.
Sec. 32710. Safety inspection program for commercial motor vehicles of 
              passengers.
Sec. 32711. Regulations.

       Subtitle H--Safe Highways and Infrastructure Preservation

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

                       Subtitle I--Miscellaneous

                         PART I--Miscellaneous

Sec. 32911. Prohibition of coercion.
Sec. 32912. Motor carrier safety advisory committee.
Sec. 32913. Waivers, exemptions, and pilot programs.
Sec. 32914. Registration requirements.
Sec. 32915. Additional motor carrier registration requirements.
Sec. 32916. Registration of freight forwarders and brokers.
Sec. 32917. Effective periods of registration.
Sec. 32918. Financial security of brokers and freight forwarders.
Sec. 32919. Unlawful brokerage activities.

                PART II--Household Goods Transportation

Sec. 32921. Additional registration requirements for household goods 
              motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.

                     PART III--Technical Amendments

Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.
Sec. 32934. Exemptions from requirements for covered farm vehicles.

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

Sec. 33001. Short title.
Sec. 33002. Definition.
Sec. 33003. References to title 49, United States Code.
Sec. 33004. Training for emergency responders.
Sec. 33005. Paperless Hazard Communications Pilot Program.
Sec. 33006. Improving data collection, analysis, and reporting.
Sec. 33007. Hazardous material technical assessment, research and 
              development, and analysis program.
Sec. 33008. Hazardous Material Enforcement Training.
Sec. 33009. Inspections.
Sec. 33010. Civil penalties.
Sec. 33011. Reporting of fees.
Sec. 33012. Special permits, approvals, and exclusions.
Sec. 33013. Highway routing disclosures.
Sec. 33014. Motor carrier safety permits.
Sec. 33015. Wetlines.
Sec. 33016. Hazmat employee training requirements and grants.
Sec. 33017. Authorization of appropriations.

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

Sec. 34001. Short title.
Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act.

                         TITLE V--MISCELLANEOUS

Sec. 35001. Overflights in Grand Canyon National Park.
Sec. 35002. Commercial air tour operations.
Sec. 35003. Qualifications for public aircraft status.

                          DIVISION D--FINANCE

Sec. 40001. Short title.

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

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

                      TITLE II--REVENUE PROVISIONS

        Subtitle A--Leaking Underground Storage Tank Trust Fund

Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund 
              to Highway Trust Fund.

                     Subtitle B--Pension Provisions

                 PART I--Pension Funding Stabilization

Sec. 40211. Pension funding stabilization.

                         PART II--PBGC Premiums

Sec. 40221. Single employer plan annual premium rates.
Sec. 40222. Multiemployer annual premium rates.

                     PART III--Improvements of PBGC

Sec. 40231. Pension Benefit Guaranty Corporation Governance 
              Improvement.
Sec. 40232. Participant and plan sponsor advocate.
Sec. 40233. Quality control procedures for the Pension Benefit Guaranty 
              Corporation.
Sec. 40234. Line of credit repeal.

              PART IV--Transfers of Excess Pension Assets

Sec. 40241. Extension for transfers of excess pension assets to retiree 
              health accounts.
Sec. 40242. Transfer of excess pension assets to retiree group term 
              life insurance accounts.

         Subtitle C--Additional Transfers to Highway Trust Fund

Sec. 40251. Additional transfers to Highway Trust Fund.

                   DIVISION E--RESEARCH AND EDUCATION

Sec. 50001. Short title.

                            TITLE I--FUNDING

Sec. 51001. Authorization of appropriations.

             TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec. 52001. Research, technology, and education.
Sec. 52002. Surface transportation research, development, and 
              technology.
Sec. 52003. Research and technology development and deployment.
Sec. 52004. Training and education.
Sec. 52005. State planning and research.
Sec. 52006. International highway transportation program.
Sec. 52007. Surface transportation environmental cooperative research 
              program.
Sec. 52008. National cooperative freight research.
Sec. 52009. University transportation centers program.
Sec. 52010. University transportation research.
Sec. 52011. Bureau of Transportation Statistics.
Sec. 52012. Administrative authority.

[[Page H4435]]

Sec. 52013. Transportation research and development strategic planning.

         TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH

Sec. 53001. Use of funds for ITS activities.
Sec. 53002. Goals and purposes.
Sec. 53003. General authorities and requirements.
Sec. 53004. Research and development.
Sec. 53005. National architecture and standards.
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure 
              communications systems deployment.

                       DIVISION F--MISCELLANEOUS

              TITLE I--REAUTHORIZATION OF CERTAIN PROGRAMS

   Subtitle A--Secure Rural Schools and Community Self-determination 
                                Program

Sec. 100101. Secure Rural Schools and Community Self-Determination 
              Program.

              Subtitle B--Payment in Lieu of Taxes Program

Sec. 100111. Payments in lieu of taxes.

                          Subtitle C--Offsets

Sec. 100121. Phased retirement authority.
Sec. 100122. Roll-your-own cigarette machines.
Sec. 100123. Change in FMAP increase for disaster recovery states.
Sec. 100124. Repeals.
Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation 
              Fund.

                       TITLE II--FLOOD INSURANCE

          Subtitle A--Flood Insurance Reform and Modernization

Sec. 100201. Short title.
Sec. 100202. Definitions.
Sec. 100203. Extension of National Flood Insurance Program.
Sec. 100204. Availability of insurance for multifamily properties.
Sec. 100205. Reform of premium rate structure.
Sec. 100207. Premium adjustment.
Sec. 100208. Enforcement.
Sec. 100209. Escrow of flood insurance payments.
Sec. 100210. Minimum deductibles for claims under the National Flood 
              Insurance Program.
Sec. 100211. Considerations in determining chargeable premium rates.
Sec. 100212. Reserve fund.
Sec. 100213. Repayment plan for borrowing authority.
Sec. 100214. Payment of condominium claims.
Sec. 100215. Technical mapping advisory council.
Sec. 100216. National flood mapping program.
Sec. 100217. Scope of appeals.
Sec. 100218. Scientific Resolution Panel.
Sec. 100219. Removal of limitation on State contributions for updating 
              flood maps.
Sec. 100220. Coordination.
Sec. 100221. Interagency coordination study.
Sec. 100222. Notice of flood insurance availability under RESPA.
Sec. 100223. Participation in State disaster claims mediation programs.
Sec. 100224. Oversight and expense reimbursements of insurance 
              companies.
Sec. 100225. Mitigation.
Sec. 100226. Flood Protection Structure Accreditation Task Force.
Sec. 100227. Flood in progress determinations.
Sec. 100228. Clarification of residential and commercial coverage 
              limits.
Sec. 100229. Local data requirement.
Sec. 100230. Eligibility for flood insurance for persons residing in 
              communities that have made adequate progress on the 
              reconstruction or improvement of a flood protection 
              system.
Sec. 100231. Studies and reports.
Sec. 100232. Reinsurance.
Sec. 100233. GAO study on business interruption and additional living 
              expenses coverages.
Sec. 100234. Policy disclosures.
Sec. 100235. Report on inclusion of building codes in floodplain 
              management criteria.
Sec. 100236. Study of participation and affordability for certain 
              policyholders.
Sec. 100237. Study and report concerning the participation of Indian 
              tribes and members of Indian tribes in the National Flood 
              Insurance Program.
Sec. 100238. Technical corrections.
Sec. 100239. Use of private insurance to satisfy mandatory purchase 
              requirement.
Sec. 100240. Levees constructed on certain properties.
Sec. 100241. Insurance coverage for private properties affected by 
              flooding from Federal lands.
Sec. 100242. Permissible land use under Federal flood insurance plan.
Sec. 100243. CDBG eligibility for flood insurance outreach activities 
              and community building code administration grants.
Sec. 100244. Termination of force-placed insurance.
Sec. 100245. FEMA authority on transfer of policies.
Sec. 100246. Reimbursement of certain expenses.
Sec. 100247. FIO study on risks, hazards, and insurance.
Sec. 100248. Flood protection improvements constructed on certain 
              properties.
Sec. 100249. No cause of action.

                Subtitle B--Alternative Loss Allocation

Sec. 100251. Short title.
Sec. 100252. Assessing and modeling named storms over coastal States.
Sec. 100253. Alternative loss allocation system for indeterminate 
              claims.

                    Subtitle C--HEARTH Act Amendment

Sec. 100261. HEARTH Act technical corrections.

            TITLE III--STUDENT LOAN INTEREST RATE EXTENSION

Sec. 100301. Federal Direct Stafford Loan interest rate extension.
Sec. 100302. Eligibility for, and interest charges on, Federal Direct 
              Stafford Loans for new borrowers on or after July 1, 
              2013.

              DIVISION G--SURFACE TRANSPORTATION EXTENSION

Sec. 110001. Short title.

                     TITLE I--FEDERAL-AID HIGHWAYS

Sec. 111001. Extension of Federal-aid highway programs.

             TITLE II--EXTENSION OF HIGHWAY SAFETY PROGRAMS

Sec. 112001. Extension of National Highway Traffic Safety 
              Administration highway safety programs.
Sec. 112002. Extension of Federal Motor Carrier Safety Administration 
              programs.
Sec. 112003. Additional programs.

               TITLE III--PUBLIC TRANSPORTATION PROGRAMS

Sec. 113001. Allocation of funds for planning programs.
Sec. 113002. Special rule for urbanized area formula grants.
Sec. 113003. Allocating amounts for capital investment grants.
Sec. 113004. Apportionment of formula grants for other than urbanized 
              areas.
Sec. 113005. Apportionment based on fixed guideway factors.
Sec. 113006. Authorizations for public transportation.
Sec. 113007. Amendments to SAFETEA-LU.

                        TITLE IV--EFFECTIVE DATE

Sec. 114001. Effective date.

                     DIVISION H--BUDGETARY EFFECTS

Sec. 120001. Budgetary effects.

     SEC. 2. DEFINITIONS.

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

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--Except as otherwise provided, divisions A, 
     B, C (other than sections 32603(d), 32603(g), 32912, and 
     34002 of that division) and E, including the amendments made 
     by those divisions, take effect on October 1, 2012.
       (b) References.--Except as otherwise provided, any 
     reference to the date of enactment of the MAP-21 or to the 
     date of enactment of the Federal Public Transportation Act of 
     2012 in the divisions described in subsection (a) or in an 
     amendment made by those divisions shall be deemed to be a 
     reference to the effective date of those divisions.
   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS
                     TITLE I--FEDERAL-AID HIGHWAYS
                Subtitle A--Authorizations and Programs

     SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Federal-aid highway program.--For the national highway 
     performance program under section 119 of title 23, United 
     States Code, the surface transportation program under section 
     133 of that title, the highway safety improvement program 
     under section 148 of that title, the congestion mitigation 
     and air quality improvement program under section 149 of that 
     title, and to carry out section 134 of that title--
       (A) $37,476,819,674 for fiscal year 2013; and
       (B) $37,798,000,000 for fiscal year 2014.
       (2) Transportation infrastructure finance and innovation 
     program.--For credit assistance under the transportation 
     infrastructure finance and innovation program under chapter 6 
     of title 23, United States Code--
       (A) $750,000,000 for fiscal year 2013; and
       (B) $1,000,000,000 for fiscal year 2014.
       (3) Federal lands and tribal transportation programs.--
       (A) Tribal transportation program.--For the tribal 
     transportation program under section 202 of title 23, United 
     States Code, $450,000,000 for each of fiscal years 2013 and 
     2014.
       (B) Federal lands transportation program.--For the Federal 
     lands transportation program under section 203 of title 23, 
     United States Code, $300,000,000 for each of fiscal years 
     2013 and 2014, of which $240,000,000 of the amount made 
     available for each fiscal year shall be the amount for the 
     National Park Service and $30,000,000 of the amount made 
     available for each fiscal year shall be the amount for the 
     United States Fish and Wildlife Service.
       (C) Federal lands access program.--For the Federal lands 
     access program under section 204 of title 23, United States 
     Code, $250,000,000 for each of fiscal years 2013 and 2014.
       (4) Territorial and puerto rico highway program.--For the 
     territorial and Puerto Rico highway program under section 165 
     of title 23, United States Code, $190,000,000 for each of 
     fiscal years 2013 and 2014.
       (b) Disadvantaged Business Enterprises.--
       (1) Findings.--Congress finds that--
       (A) while significant progress has occurred due to the 
     establishment of the disadvantaged business enterprise 
     program, discrimination and related barriers continue to pose 
     significant obstacles for minority- and women-owned 
     businesses seeking to do business in federally-assisted 
     surface transportation markets across the United States;

[[Page H4436]]

       (B) the continuing barriers described in subparagraph (A) 
     merit the continuation of the disadvantaged business 
     enterprise program;
       (C) Congress has received and reviewed testimony and 
     documentation of race and gender discrimination from numerous 
     sources, including congressional hearings and roundtables, 
     scientific reports, reports issued by public and private 
     agencies, news stories, reports of discrimination by 
     organizations and individuals, and discrimination lawsuits, 
     which show that race- and gender-neutral efforts alone are 
     insufficient to address the problem;
       (D) the testimony and documentation described in 
     subparagraph (C) demonstrate that discrimination across the 
     United States poses a barrier to full and fair participation 
     in surface transportation-related businesses of women 
     business owners and minority business owners and has impacted 
     firm development and many aspects of surface transportation-
     related business in the public and private markets; and
       (E) the testimony and documentation described in 
     subparagraph (C) provide a strong basis that there is a 
     compelling need for the continuation of the disadvantaged 
     business enterprise program to address race and gender 
     discrimination in surface transportation-related business.
       (2) Definitions.--In this subsection, the following 
     definitions apply:
       (A) Small business concern.--
       (i) In general.--The term ``small business concern'' means 
     a small business concern (as the term is used in section 3 of 
     the Small Business Act (15 U.S.C. 632)).
       (ii) Exclusions.--The term ``small business concern'' does 
     not include any concern or group of concerns controlled by 
     the same socially and economically disadvantaged individual 
     or individuals that have average annual gross receipts during 
     the preceding 3 fiscal years in excess of $22,410,000, as 
     adjusted annually by the Secretary for inflation.
       (B) Socially and economically disadvantaged individuals.--
     The term ``socially and economically disadvantaged 
     individuals'' has the meaning given the term in section 8(d) 
     of the Small Business Act (15 U.S.C. 637(d)) and relevant 
     subcontracting regulations issued pursuant to that Act, 
     except that women shall be presumed to be socially and 
     economically disadvantaged individuals for purposes of this 
     subsection.
       (3) Amounts for small business concerns.--Except to the 
     extent that the Secretary determines otherwise, not less than 
     10 percent of the amounts made available for any program 
     under divisions A and B of this Act and section 403 of title 
     23, United States Code, shall be expended through small 
     business concerns owned and controlled by socially and 
     economically disadvantaged individuals.
       (4) Annual listing of disadvantaged business enterprises.--
     Each State shall annually--
       (A) survey and compile a list of the small business 
     concerns referred to in paragraph (2) in the State, including 
     the location of the small business concerns in the State; and
       (B) notify the Secretary, in writing, of the percentage of 
     the small business concerns that are controlled by--
       (i) women;
       (ii) socially and economically disadvantaged individuals 
     (other than women); and
       (iii) individuals who are women and are otherwise socially 
     and economically disadvantaged individuals.
       (5) Uniform certification.--
       (A) In general.--The Secretary shall establish minimum 
     uniform criteria for use by State governments in certifying 
     whether a concern qualifies as a small business concern for 
     the purpose of this subsection.
       (B) Inclusions.--The minimum uniform criteria established 
     under subparagraph (A) shall include, with respect to a 
     potential small business concern--
       (i) on-site visits;
       (ii) personal interviews with personnel;
       (iii) issuance or inspection of licenses;
       (iv) analyses of stock ownership;
       (v) listings of equipment;
       (vi) analyses of bonding capacity;
       (vii) listings of work completed;
       (viii) examination of the resumes of principal owners;
       (ix) analyses of financial capacity; and
       (x) analyses of the type of work preferred.
       (6) Reporting.--The Secretary shall establish minimum 
     requirements for use by State governments in reporting to the 
     Secretary--
       (A) information concerning disadvantaged business 
     enterprise awards, commitments, and achievements; and
       (B) such other information as the Secretary determines to 
     be appropriate for the proper monitoring of the disadvantaged 
     business enterprise program.
       (7) Compliance with court orders.--Nothing in this 
     subsection limits the eligibility of an individual or entity 
     to receive funds made available under divisions A and B of 
     this Act and section 403 of title 23, United States Code, if 
     the entity or person is prevented, in whole or in part, from 
     complying with paragraph (2) because a Federal court issues a 
     final order in which the court finds that a requirement or 
     the implementation of paragraph (2) is unconstitutional. 

     SEC. 1102. OBLIGATION CEILING.

       (a) General Limitation.--Subject to subsection (e), and 
     notwithstanding any other provision of law, the obligations 
     for Federal-aid highway and highway safety construction 
     programs shall not exceed--
       (1) $39,699,000,000 for fiscal year 2013; and
       (2) $40,256,000,000 for fiscal year 2014.
       (b) Exceptions.--The limitations under subsection (a) shall 
     not apply to obligations under or for--
       (1) section 125 of title 23, United States Code;
       (2) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (4) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (5) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198);
       (6) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027);
       (7) section 157 of title 23, United States Code (as in 
     effect on June 8, 1998);
       (8) section 105 of title 23, United States Code (as in 
     effect for fiscal years 1998 through 2004, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (9) Federal-aid highway programs for which obligation 
     authority was made available under the Transportation Equity 
     Act for the 21st Century (112 Stat. 107) or subsequent Acts 
     for multiple years or to remain available until expended, but 
     only to the extent that the obligation authority has not 
     lapsed or been used;
       (10) section 105 of title 23, United States Code (but, for 
     each of fiscal years 2005 through 2011, only in an amount 
     equal to $639,000,000 for each of those fiscal years);
       (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
     Stat. 1248), to the extent that funds obligated in accordance 
     with that section were not subject to a limitation on 
     obligations at the time at which the funds were initially 
     made available for obligation; and
       (12) section 119 of title 23, United States Code (but, for 
     each of fiscal years 2013 through 2014, only in an amount 
     equal to $639,000,000 for each of those fiscal years).
       (c) Distribution of Obligation Authority.--For each of 
     fiscal years 2013 through 2014, the Secretary--
       (1) shall not distribute obligation authority provided by 
     subsection (a) for the fiscal year for--
       (A) amounts authorized for administrative expenses and 
     programs by section 104(a) of title 23, United States Code; 
     and
       (B) amounts authorized for the Bureau of Transportation 
     Statistics;
       (2) shall not distribute an amount of obligation authority 
     provided by subsection (a) that is equal to the unobligated 
     balance of amounts--
       (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;
       (3) shall determine the proportion that--
       (A) the obligation authority provided by subsection (a) for 
     the fiscal year, less the aggregate of amounts not 
     distributed under paragraphs (1) and (2) of this subsection; 
     bears to
       (B) the total of the sums authorized to be appropriated for 
     the Federal-aid highway and highway safety construction 
     programs (other than sums authorized to be appropriated for 
     provisions of law described in paragraphs (1) through (11) of 
     subsection (b) and sums authorized to be appropriated for 
     section 119 of title 23, United States Code, equal to the 
     amount referred to in subsection (b)(12) for the fiscal 
     year), less the aggregate of the amounts not distributed 
     under paragraphs (1) and (2) of this subsection;
       (4) shall distribute the obligation authority provided by 
     subsection (a), less the aggregate amounts not distributed 
     under paragraphs (1) and (2), for each of the programs (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--
       (A) the proportion determined under paragraph (3); by
       (B) the amounts authorized to be appropriated for each such 
     program for the fiscal year; and
       (5) shall distribute the obligation authority provided by 
     subsection (a), less the aggregate amounts not distributed 
     under paragraphs (1) and (2) and the amounts distributed 
     under paragraph (4), for Federal-aid highway and highway 
     safety construction programs that are apportioned by the 
     Secretary under title 23, United States Code (other than the 
     amounts apportioned for the national highway performance 
     program in section 119 of title 23, United States Code, that 
     are exempt from the limitation under subsection (b)(12) and 
     the amounts apportioned under section 204 of that title) in 
     the proportion that--
       (A) amounts authorized to be appropriated for the programs 
     that are apportioned under title 23, United States Code, to 
     each State for the fiscal year; bears to
       (B) the total of the amounts authorized to be appropriated 
     for the programs that are apportioned under title 23, United 
     States Code, to all States for the fiscal year.
       (d) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (c), the Secretary shall, after 
     August 1 of each of fiscal years 2013 through 2014--
       (1) revise a distribution of the obligation authority made 
     available under subsection (c) if an amount distributed 
     cannot be obligated during that fiscal year; and
       (2) redistribute sufficient amounts to those States able to 
     obligate amounts in addition to those previously distributed 
     during that fiscal year, giving priority to those States 
     having large unobligated balances of funds apportioned under 
     sections 144 (as in effect on the day before the date of 
     enactment of this Act) and 104 of title 23, United States 
     Code.

[[Page H4437]]

       (e) Applicability of Obligation Limitations to 
     Transportation Research Programs.--
       (1) In general.--Except as provided in paragraph (2), 
     obligation limitations imposed by subsection (a) shall apply 
     to contract authority for transportation research programs 
     carried out under--
       (A) chapter 5 of title 23, United States Code; and
       (B) division E of this Act.
       (2) Exception.--Obligation authority made available under 
     paragraph (1) shall--
       (A) remain available for a period of 4 fiscal years; and
       (B) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (f) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     distribution of obligation authority under subsection (c) for 
     each of fiscal years 2013 through 2014, the Secretary shall 
     distribute to the States any funds (excluding funds 
     authorized for the program under section 202 of title 23, 
     United States Code) that--
       (A) are authorized to be appropriated for the fiscal year 
     for Federal-aid highway programs; and
       (B) the Secretary determines will not be allocated to the 
     States (or will not be apportioned to the States under 
     section 204 of title 23, United States Code), and will not be 
     available for obligation, for the fiscal year because of the 
     imposition of any obligation limitation for the fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same proportion as the distribution of obligation 
     authority under subsection (c)(5).
       (3) Availability.--Funds distributed to each State under 
     paragraph (1) shall be available for any purpose described in 
     section 133(c) of title 23, United States Code. 

     SEC. 1103. DEFINITIONS.

       (a) Definitions.--Section 101(a) of title 23, United States 
     Code, is amended--
       (1) by striking paragraphs (6), (7), (9), (12), (19), (20), 
     (24), (25), (26), (28), (38), and (39);
       (2) by redesignating paragraphs (2), (3), (4), (5), (8), 
     (13), (14), (15), (16), (17), (18), (21), (22), (23), (27), 
     (29), (30), (31), (32), (33), (34), (35), (36), and (37) as 
     paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15), 
     (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), 
     (26), (28), (29), (33), and (34), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Asset management.--The term `asset management' means 
     a strategic and systematic process of operating, maintaining, 
     and improving physical assets, with a focus on both 
     engineering and economic analysis based upon quality 
     information, to identify a structured sequence of 
     maintenance, preservation, repair, rehabilitation, and 
     replacement actions that will achieve and sustain a desired 
     state of good repair over the lifecycle of the assets at 
     minimum practicable cost.'';
       (4) in paragraph (4) (as redesignated by paragraph (2))--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or any project eligible for assistance under this title'' 
     after ``of a highway'';
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) preliminary engineering, engineering, and design-
     related services directly relating to the construction of a 
     highway project, including engineering, design, project 
     development and management, construction project management 
     and inspection, surveying, mapping (including the 
     establishment of temporary and permanent geodetic control in 
     accordance with specifications of the National Oceanic and 
     Atmospheric Administration), and architectural-related 
     services;'';
       (C) in subparagraph (B)--
       (i) by inserting ``reconstruction,'' before 
     ``resurfacing''; and
       (ii) by striking ``and rehabilitation'' and inserting 
     ``rehabilitation, and preservation'';
       (D) in subparagraph (E) by striking ``railway'' and 
     inserting ``railway-highway''; and
       (E) in subparagraph (F) by striking ``obstacles'' and 
     inserting ``hazards'';
       (5) in paragraph (6) (as so redesignated)--
       (A) by inserting ``public'' before ``highway eligible''; 
     and
       (B) by inserting ``functionally'' before ``classified'';
       (6) by inserting after paragraph (6) (as so redesignated) 
     the following:
       ``(7) Federal lands access transportation facility.--The 
     term `Federal Lands access transportation facility' means a 
     public highway, road, bridge, trail, or transit system that 
     is located on, is adjacent to, or provides access to Federal 
     lands for which title or maintenance responsibility is vested 
     in a State, county, town, township, tribal, municipal, or 
     local government.
       ``(8) Federal lands transportation facility.--The term 
     `Federal lands transportation facility' means a public 
     highway, road, bridge, trail, or transit system that is 
     located on, is adjacent to, or provides access to Federal 
     lands for which title and maintenance responsibility is 
     vested in the Federal Government, and that appears on the 
     national Federal lands transportation facility inventory 
     described in section 203(c).'';
       (7) in paragraph (11)(B) by inserting ``including public 
     roads on dams'' after ``drainage structure'';
       (8) in paragraph (14) (as so redesignated)--
       (A) by striking ``as a'' and inserting ``as an air 
     quality''; and
       (B) by inserting ``air quality'' before ``attainment 
     area'';
       (9) in paragraph (18) (as so redesignated) by striking ``an 
     undertaking to construct a particular portion of a highway, 
     or if the context so implies, the particular portion of a 
     highway so constructed or any other undertaking'' and 
     inserting ``any undertaking'';
       (10) in paragraph (19) (as so redesignated)--
       (A) by striking ``the State transportation department 
     and''; and
       (B) by inserting ``and the recipient'' after ``Secretary'';
       (11) by striking paragraph (23) (as so redesignated) and 
     inserting the following:
       ``(23) Safety improvement project.--The term `safety 
     improvement project' means a strategy, activity, or project 
     on a public road that is consistent with the State strategic 
     highway safety plan and corrects or improves a roadway 
     feature that constitutes a hazard to road users or addresses 
     a highway safety problem.'';
       (12) by inserting after paragraph (26) (as so redesignated) 
     the following:
       ``(27) State strategic highway safety plan.--The term 
     `State strategic highway safety plan' has the same meaning 
     given such term in section 148(a).'';
       (13) by striking paragraph (29) (as so redesignated) and 
     inserting the following:
       ``(29) Transportation alternatives.--The term 
     `transportation alternatives' means any of the following 
     activities when carried out as part of any program or project 
     authorized or funded under this title, or as an independent 
     program or project related to surface transportation:
       ``(A) Construction, planning, and design of on-road and 
     off-road trail facilities for pedestrians, bicyclists, and 
     other nonmotorized forms of transportation, including 
     sidewalks, bicycle infrastructure, pedestrian and bicycle 
     signals, traffic calming techniques, lighting and other 
     safety-related infrastructure, and transportation projects to 
     achieve compliance with the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12101 et seq.).
       ``(B) Construction, planning, and design of infrastructure-
     related projects and systems that will provide safe routes 
     for non-drivers, including children, older adults, and 
     individuals with disabilities to access daily needs.
       ``(C) Conversion and use of abandoned railroad corridors 
     for trails for pedestrians, bicyclists, or other nonmotorized 
     transportation users.
       ``(D) Construction of turnouts, overlooks, and viewing 
     areas.
       ``(E) Community improvement activities, including--
       ``(i) inventory, control, or removal of outdoor 
     advertising;
       ``(ii) historic preservation and rehabilitation of historic 
     transportation facilities;
       ``(iii) vegetation management practices in transportation 
     rights-of-way to improve roadway safety, prevent against 
     invasive species, and provide erosion control; and
       ``(iv) archaeological activities relating to impacts from 
     implementation of a transportation project eligible under 
     this title.
       ``(F) Any environmental mitigation activity, including 
     pollution prevention and pollution abatement activities and 
     mitigation to--
       ``(i) address stormwater management, control, and water 
     pollution prevention or abatement related to highway 
     construction or due to highway runoff, including activities 
     described in sections 133(b)(11), 328(a), and 329; or
       ``(ii) reduce vehicle-caused wildlife mortality or to 
     restore and maintain connectivity among terrestrial or 
     aquatic habitats.''; and
       (14) by inserting after paragraph (29) (as so redesignated) 
     the following:
       ``(30) Transportation systems management and operations.--
       ``(A) In general.--The term `transportation systems 
     management and operations' means integrated strategies to 
     optimize the performance of existing infrastructure through 
     the implementation of multimodal and intermodal, cross-
     jurisdictional systems, services, and projects designed to 
     preserve capacity and improve security, safety, and 
     reliability of the transportation system.
       ``(B) Inclusions.--The term `transportation systems 
     management and operations' includes--
       ``(i) actions such as traffic detection and surveillance, 
     corridor management, freeway management, arterial management, 
     active transportation and demand management, work zone 
     management, emergency management, traveler information 
     services, congestion pricing, parking management, automated 
     enforcement, traffic control, commercial vehicle operations, 
     freight management, and coordination of highway, rail, 
     transit, bicycle, and pedestrian operations; and
       ``(ii) coordination of the implementation of regional 
     transportation system management and operations investments 
     (such as traffic incident management, traveler information 
     services, emergency management, roadway weather management, 
     intelligent transportation systems, communication networks, 
     and information sharing systems) requiring agreements, 
     integration, and interoperability to achieve targeted system 
     performance, reliability, safety, and customer service 
     levels.
       ``(31) Tribal transportation facility.--The term `tribal 
     transportation facility' means a public highway, road, 
     bridge, trail, or transit system that is located on or 
     provides access to tribal land and appears on the national 
     tribal transportation facility inventory described in section 
     202(b)(1).
       ``(32) Truck stop electrification system.--The term `truck 
     stop electrification system' means a system that delivers 
     heat, air conditioning, electricity, or communications to a 
     heavy-duty vehicle.''.
       (b) Sense of Congress.--Section 101(c) of title 23, United 
     States Code, is amended by striking ``system'' and inserting 
     ``highway''.

[[Page H4438]]

     SEC. 1104. NATIONAL HIGHWAY SYSTEM.

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

     ``Sec. 103. National Highway System

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

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

       ``(C) Financial responsibility.--Except as provided in this 
     title, the designation of a highway under this paragraph 
     shall create no additional Federal financial responsibility 
     with respect to the highway.
       ``(5) Exemption of interstate system.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Interstate System shall not be considered to be a 
     historic site under section 303 of title 49 or section 138 of 
     this title, regardless of whether the Interstate System or 
     portions or elements of the Interstate System are listed on, 
     or eligible for listing on, the National Register of Historic 
     Places.
       ``(B) Individual elements.--Subject to subparagraph (C)--
       ``(i) the Secretary shall determine, through the 
     administrative process established for exempting the 
     Interstate System from section 106 of the National Historic 
     Preservation Act (16 U.S.C. 470f), those individual elements 
     of the Interstate System that possess national or exceptional 
     historic significance (such as a historic bridge or a highly 
     significant engineering feature); and
       ``(ii) those elements shall be considered to be historic 
     sites under section 303 of title 49 or section 138 of this 
     title, as applicable.
       ``(C) Construction, maintenance, restoration, and 
     rehabilitation activities.--Subparagraph (B) does not 
     prohibit a State from carrying out construction, maintenance, 
     preservation, restoration, or rehabilitation activities for a 
     portion of the Interstate System referred to in subparagraph 
     (B) upon compliance with section 303 of title 49 or section 
     138 of this title, as applicable, and section 106 of the 
     National Historic Preservation Act (16 U.S.C. 470f).''.
       (b) Inclusion of Certain Route Segments on Interstate 
     System.--
       (1) In general.--Section 1105(e)(5)(A) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2031; 109 Stat. 597; 115 Stat. 872) is amended--
       (A) in the first sentence, by striking ``and in subsections 
     (c)(18) and (c)(20)'' and inserting ``, in subsections 
     (c)(18) and (c)(20), and in subparagraphs (A)(iii) and (B) of 
     subsection (c)(26)''; and
       (B) in the second sentence, by striking ``that the 
     segment'' and all that follows through the period and 
     inserting ``that the segment meets the Interstate System 
     design standards approved by the Secretary under section 
     109(b) of title 23, United States Code, and is planned to 
     connect to an existing Interstate System segment by the date 
     that is 25 years after the date of enactment of the MAP-
     21.''.
       (2) Route designation.--Section 1105(e)(5)(C)(i) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 2032; 109 Stat. 598) is amended by adding at the end 
     the following: ``The routes referred to subparagraphs 
     (A)(iii) and (B)(i) of subsection (c)(26) are designated as 
     Interstate Route I-11.''.

[[Page H4439]]

       (c) Conforming Amendments.--
       (1) Analysis.--The analysis for chapter 1 of title 23, 
     United States Code, is amended by striking the item relating 
     to section 103 and inserting the following:

``103. National Highway System.''.

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

     SEC. 1105. APPORTIONMENT.

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

     ``Sec. 104. Apportionment

       ``(a) Administrative Expenses.--
       ``(1) In general.--There are authorized to be appropriated 
     from the Highway Trust Fund (other than the Mass Transit 
     Account) to be made available to the Secretary for 
     administrative expenses of the Federal Highway 
     Administration--
       ``(A) $454,180,326 for fiscal year 2013; and
       ``(B) $440,000,000 for fiscal year 2014.
       ``(2) Purposes.--The amounts authorized to be appropriated 
     by this subsection shall be used--
       ``(A) to administer the provisions of law to be funded from 
     appropriations for the Federal-aid highway program and 
     programs authorized under chapter 2;
       ``(B) to make transfers of such sums as the Secretary 
     determines to be appropriate to the Appalachian Regional 
     Commission for administrative activities associated with the 
     Appalachian development highway system; and
       ``(C) to reimburse, as appropriate, the Office of Inspector 
     General of the Department of Transportation for the conduct 
     of annual audits of financial statements in accordance with 
     section 3521 of title 31.
       ``(3) Availability.--The amounts made available under 
     paragraph (1) shall remain available until expended.
       ``(b) Division of State Apportionments Among Programs.--The 
     Secretary shall distribute the amount apportioned to a State 
     for a fiscal year under subsection (c) among the national 
     highway performance program, the surface transportation 
     program, the highway safety improvement program, and the 
     congestion mitigation and air quality improvement program, 
     and to carry out section 134 as follows:
       ``(1) National highway performance program.--For the 
     national highway performance program, 63.7 percent of the 
     amount remaining after distributing amounts under paragraphs 
     (4) and (5).
       ``(2) Surface transportation program.--For the surface 
     transportation program, 29.3 percent of the amount remaining 
     after distributing amounts under paragraphs (4) and (5).
       ``(3) Highway safety improvement program.--For the highway 
     safety improvement program, 7 percent of the amount remaining 
     after distributing amounts under paragraphs (4) and (5).
       ``(4) Congestion mitigation and air quality improvement 
     program.--For the congestion mitigation and air quality 
     improvement program, an amount determined by multiplying the 
     amount determined for the State under subsection (c) by the 
     proportion that--
       ``(A) the amount apportioned to the State for the 
     congestion mitigation and air quality improvement program for 
     fiscal year 2009; bears to
       ``(B) the total amount of funds apportioned to the State 
     for that fiscal year for the programs referred to in section 
     105(a)(2) (except for the high priority projects program 
     referred to in section 105(a)(2)(H)), as in effect on the day 
     before the date of enactment of the MAP-21.
       ``(5) Metropolitan planning.--To carry out section 134, an 
     amount determined by multiplying the amount determined for 
     the State under subsection (c) by the proportion that--
       ``(A) the amount apportioned to the State to carry out 
     section 134 for fiscal year 2009; bears to
       ``(B) the total amount of funds apportioned to the State 
     for that fiscal year for the programs referred to in section 
     105(a)(2) (except for the high priority projects program 
     referred to in section 105(a)(2)(H)), as in effect on the day 
     before the date of enactment of the MAP-21.
       ``(c) Calculation of State Amounts.--
       ``(1) For fiscal year 2013.--
       ``(A) Calculation of amount.--For fiscal year 2013, the 
     amount for each State of combined apportionments for the 
     national highway performance program under section 119, the 
     surface transportation program under section 133, the highway 
     safety improvement program under section 148, the congestion 
     mitigation and air quality improvement program under section 
     149, and to carry out section 134 shall be equal to the 
     combined amount of apportionments that the State received for 
     fiscal year 2012.
       ``(B) State apportionment.--On October 1 of such fiscal 
     year, the Secretary shall apportion the sum authorized to be 
     appropriated for expenditure on the national highway 
     performance program under section 119, the surface 
     transportation program under section 133, the highway safety 
     improvement program under section 148, the congestion 
     mitigation and air quality improvement program under section 
     149, and to carry out section 134 in accordance with 
     subparagraph (A).
       ``(2) For fiscal year 2014.--
       ``(A) State share.--For fiscal year 2014, the amount for 
     each State of combined apportionments for the national 
     highway performance program under section 119, the surface 
     transportation program under section 133, the highway safety 
     improvement program under section 148, the congestion 
     mitigation and air quality improvement program under section 
     149, and to carry out section 134 shall be determined as 
     follows:
       ``(i) Initial amount.--The initial amount for each State 
     shall be determined by multiplying the total amount available 
     for apportionment by the share for each State which shall be 
     equal to the proportion that--

       ``(I) the amount of apportionments that the State received 
     for fiscal year 2012; bears to
       ``(II) the amount of those apportionments received by all 
     States for that fiscal year.

       ``(ii) Adjustments to amounts.--The initial amounts 
     resulting from the calculation under clause (i) shall be 
     adjusted to ensure that, for each State, the amount of 
     combined apportionments for the programs shall not be less 
     than 95 percent of the estimated tax payments attributable to 
     highway users in the State paid into the Highway Trust Fund 
     (other than the Mass Transit Account) in the most recent 
     fiscal year for which data are available.
       ``(B) State apportionment.--On October 1 of such fiscal 
     year, the Secretary shall apportion the sum authorized to be 
     appropriated for expenditure on the national highway 
     performance program under section 119, the surface 
     transportation program under section 133, the highway safety 
     improvement program under section 148, the congestion 
     mitigation and air quality improvement program under section 
     149, and to carry out section 134 in accordance with 
     subparagraph (A).
       ``(d) Metropolitan Planning.--
       ``(1) Use of amounts.--
       ``(A) Use.--
       ``(i) In general.--Except as provided in clause (ii), the 
     amounts apportioned to a State under subsection (b)(5) shall 
     be made available by the State to the metropolitan planning 
     organizations responsible for carrying out section 134 in the 
     State.
       ``(ii) States receiving minimum apportionment.--A State 
     that received the minimum apportionment for use in carrying 
     out section 134 for fiscal year 2009 may, subject to the 
     approval of the Secretary, use the funds apportioned under 
     subsection (b)(5) to fund transportation planning outside of 
     urbanized areas.
       ``(B) Unused funds.--Any funds that are not used to carry 
     out section 134 may be made available by a metropolitan 
     planning organization to the State to fund activities under 
     section 135.
       ``(2) Distribution of amounts within states.--
       ``(A) In general.--The distribution within any State of the 
     planning funds made available to organizations under 
     paragraph (1) shall be in accordance with a formula that--
       ``(i) is developed by each State and approved by the 
     Secretary; and
       ``(ii) takes into consideration, at a minimum, population, 
     status of planning, attainment of air quality standards, 
     metropolitan area transportation needs, and other factors 
     necessary to provide for an appropriate distribution of funds 
     to carry out section 134 and other applicable requirements of 
     Federal law.
       ``(B) Reimbursement.--Not later than 15 business days after 
     the date of receipt by a State of a request for reimbursement 
     of expenditures made by a metropolitan planning organization 
     for carrying out section 134, the State shall reimburse, from 
     amounts distributed under this paragraph to the metropolitan 
     planning organization by the State, the metropolitan planning 
     organization for those expenditures.
       ``(3) Determination of population figures.--For the purpose 
     of determining population figures under this subsection, the 
     Secretary shall use the latest available data from the 
     decennial census conducted under section 141(a) of title 13, 
     United States Code.
       ``(e) Certification of Apportionments.--
       ``(1) In general.--The Secretary shall--
       ``(A) on October 1 of each fiscal year, certify to each of 
     the State transportation departments the amount that has been 
     apportioned to the State under this section for the fiscal 
     year; and
       ``(B) to permit the States to develop adequate plans for 
     the use of amounts apportioned under this section, advise 
     each State of the amount that will be apportioned to the 
     State under this section for a fiscal year not later than 90 
     days before the beginning of the fiscal year for which the 
     sums to be apportioned are authorized.
       ``(2) Notice to states.--If the Secretary has not made an 
     apportionment under this section for a fiscal year beginning 
     after September 30, 1998, by not later than the date that is 
     the twenty-first day of that fiscal year, the Secretary shall 
     submit, by not later than that date, to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate, a written statement of the reason for 
     not making the apportionment in a timely manner.
       ``(3) Apportionment calculations.--
       ``(A) In general.--The calculation of official 
     apportionments of funds to the States under this title is a 
     primary responsibility of the Department and shall be carried 
     out only by employees (and not contractors) of the 
     Department.

[[Page H4440]]

       ``(B) Prohibition on use of funds to hire contractors.--
     None of the funds made available under this title shall be 
     used to hire contractors to calculate the apportionments of 
     funds to States.
       ``(f) Transfer of Highway and Transit Funds.--
       ``(1) Transfer of highway funds for transit projects.--
       ``(A) In general.--Subject to subparagraph (B), amounts 
     made available for transit projects or transportation 
     planning under this title may be transferred to and 
     administered by the Secretary in accordance with chapter 53 
     of title 49.
       ``(B) Non-federal share.--The provisions of this title 
     relating to the non-Federal share shall apply to the amounts 
     transferred under subparagraph (A).
       ``(2) Transfer of transit funds for highway projects.--
       ``(A) In general.--Subject to subparagraph (B), amounts 
     made available for highway projects or transportation 
     planning under chapter 53 of title 49 may be transferred to 
     and administered by the Secretary in accordance with this 
     title.
       ``(B) Non-federal share.--The provisions of chapter 53 of 
     title 49 relating to the non-Federal share shall apply to 
     amounts transferred under subparagraph (A).
       ``(3) Transfer of funds among states or to federal highway 
     administration.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary may, at the request of a State, transfer amounts 
     apportioned or allocated under this title to the State to 
     another State, or to the Federal Highway Administration, for 
     the purpose of funding 1 or more projects that are eligible 
     for assistance with amounts so apportioned or allocated.
       ``(B) Apportionment.--The transfer shall have no effect on 
     any apportionment of amounts to a State under this section.
       ``(C) Funds suballocated to urbanized areas.--Amounts that 
     are apportioned or allocated to a State under subsection 
     (b)(3) (as in effect on the day before the date of enactment 
     of the MAP-21) or subsection (b)(2) and attributed to an 
     urbanized area of a State with a population of more than 
     200,000 individuals under section 133(d) may be transferred 
     under this paragraph only if the metropolitan planning 
     organization designated for the area concurs, in writing, 
     with the transfer request.
       ``(4) Transfer of obligation authority.--Obligation 
     authority for amounts transferred under this subsection shall 
     be transferred in the same manner and amount as the amounts 
     for the projects that are transferred under this section.
       ``(g) Report to Congress.--For each fiscal year, the 
     Secretary shall make available to the public, in a user-
     friendly format via the Internet, a report that describes--
       ``(1) the amount obligated, by each State, for Federal-aid 
     highways and highway safety construction programs during the 
     preceding fiscal year;
       ``(2) the balance, as of the last day of the preceding 
     fiscal year, of the unobligated apportionment of each State 
     by fiscal year under this section;
       ``(3) the balance of unobligated sums available for 
     expenditure at the discretion of the Secretary for such 
     highways and programs for the fiscal year; and
       ``(4) the rates of obligation of funds apportioned or set 
     aside under this section, according to--
       ``(A) program;
       ``(B) funding category of subcategory;
       ``(C) type of improvement;
       ``(D) State; and
       ``(E) sub-State geographical area, including urbanized and 
     rural areas, on the basis of the population of each such 
     area.''.
       (b) Conforming Amendment.--Section 146(a) of title 23, 
     United States Code, is amended by striking ``sections 
     104(b)(l) and 104(b)(3)'' and inserting ``section 
     104(b)(2)''.

     SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

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

     ``Sec. 119. National highway performance program

       ``(a) Establishment.--The Secretary shall establish and 
     implement a national highway performance program under this 
     section.
       ``(b) Purposes.--The purposes of the national highway 
     performance program shall be--
       ``(1) to provide support for the condition and performance 
     of the National Highway System;
       ``(2) to provide support for the construction of new 
     facilities on the National Highway System; and
       ``(3) to ensure that investments of Federal-aid funds in 
     highway construction are directed to support progress toward 
     the achievement of performance targets established in an 
     asset management plan of a State for the National Highway 
     System.
       ``(c) Eligible Facilities.--Except as provided in 
     subsection (d), to be eligible for funding apportioned under 
     section 104(b)(1) to carry out this section, a facility shall 
     be located on the National Highway System, as defined in 
     section 103.
       ``(d) Eligible Projects.--Funds apportioned to a State to 
     carry out the national highway performance program may be 
     obligated only for a project on an eligible facility that 
     is--
       ``(1)(A) a project or part of a program of projects 
     supporting progress toward the achievement of national 
     performance goals for improving infrastructure condition, 
     safety, mobility, or freight movement on the National Highway 
     System; and
       ``(B) consistent with sections 134 and 135; and
       ``(2) for 1 or more of the following purposes:
       ``(A) Construction, reconstruction, resurfacing, 
     restoration, rehabilitation, preservation, or operational 
     improvement of segments of the National Highway System.
       ``(B) Construction, replacement (including replacement with 
     fill material), rehabilitation, preservation, and protection 
     (including scour countermeasures, seismic retrofits, impact 
     protection measures, security countermeasures, and protection 
     against extreme events) of bridges on the National Highway 
     System.
       ``(C) Construction, replacement (including replacement with 
     fill material), rehabilitation, preservation, and protection 
     (including impact protection measures, security 
     countermeasures, and protection against extreme events) of 
     tunnels on the National Highway System.
       ``(D) Inspection and evaluation, as described in section 
     144, of bridges and tunnels on the National Highway System, 
     and inspection and evaluation of other highway infrastructure 
     assets on the National Highway System, including signs and 
     sign structures, earth retaining walls, and drainage 
     structures.
       ``(E) Training of bridge and tunnel inspectors, as 
     described in section 144.
       ``(F) Construction, rehabilitation, or replacement of 
     existing ferry boats and ferry boat facilities, including 
     approaches, that connect road segments of the National 
     Highway System.
       ``(G) Construction, reconstruction, resurfacing, 
     restoration, rehabilitation, and preservation of, and 
     operational improvements for, a Federal-aid highway not on 
     the National Highway System, and construction of a transit 
     project eligible for assistance under chapter 53 of title 49, 
     if--
       ``(i) the highway project or transit project is in the same 
     corridor as, and in proximity to, a fully access-controlled 
     highway designated as a part of the National Highway System;
       ``(ii) the construction or improvements will reduce delays 
     or produce travel time savings on the fully access-controlled 
     highway described in clause (i) and improve regional traffic 
     flow; and
       ``(iii) the construction or improvements are more cost-
     effective, as determined by benefit-cost analysis, than an 
     improvement to the fully access-controlled highway described 
     in clause (i).
       ``(H) Bicycle transportation and pedestrian walkways in 
     accordance with section 217.
       ``(I) Highway safety improvements for segments of the 
     National Highway System.
       ``(J) Capital and operating costs for traffic and traveler 
     information monitoring, management, and control facilities 
     and programs.
       ``(K) Development and implementation of a State asset 
     management plan for the National Highway System in accordance 
     with this section, including data collection, maintenance, 
     and integration and the cost associated with obtaining, 
     updating, and licensing software and equipment required for 
     risk-based asset management and performance-based management.
       ``(L) Infrastructure-based intelligent transportation 
     systems capital improvements.
       ``(M) Environmental restoration and pollution abatement in 
     accordance with section 328.
       ``(N) Control of noxious weeds and aquatic noxious weeds 
     and establishment of native species in accordance with 
     section 329.
       ``(O) Environmental mitigation efforts related to projects 
     funded under this section, as described in subsection (g).
       ``(P) Construction of publicly owned intracity or intercity 
     bus terminals servicing the National Highway System.
       ``(e) State Performance Management.--
       ``(1) In general.--A State shall develop a risk-based asset 
     management plan for the National Highway System to improve or 
     preserve the condition of the assets and the performance of 
     the system.
       ``(2) Performance driven plan.--A State asset management 
     plan shall include strategies leading to a program of 
     projects that would make progress toward achievement of the 
     State targets for asset condition and performance of the 
     National Highway System in accordance with section 150(d) and 
     supporting the progress toward the achievement of the 
     national goals identified in section 150(b).
       ``(3) Scope.--In developing a risk-based asset management 
     plan, the Secretary shall encourage States to include all 
     infrastructure assets within the right-of-way corridor in 
     such plan.
       ``(4) Plan contents.--A State asset management plan shall, 
     at a minimum, be in a form that the Secretary determines to 
     be appropriate and include--
       ``(A) a summary listing of the pavement and bridge assets 
     on the National Highway System in the State, including a 
     description of the condition of those assets;
       ``(B) asset management objectives and measures;
       ``(C) performance gap identification;
       ``(D) lifecycle cost and risk management analysis;
       ``(E) a financial plan; and
       ``(F) investment strategies.
       ``(5) Requirement for plan.--Notwithstanding section 120, 
     with respect to the second fiscal year beginning after the 
     date of establishment of the process established in paragraph 
     (8) or any subsequent fiscal year, if the Secretary 
     determines that a State has not developed and implemented a 
     State asset management plan consistent with this section, the 
     Federal share payable on account of any project or activity 
     carried out by the State in that fiscal year under this 
     section shall be 65 percent.
       ``(6) Certification of plan development process.--
       ``(A) In general.--Not later than 90 days after the date on 
     which a State submits a request for approval of the process 
     used by the State to develop the State asset management plan 
     for the National Highway System, the Secretary shall--
       ``(i) review the process; and
       ``(ii)(I) certify that the process meets the requirements 
     established by the Secretary; or

[[Page H4441]]

       ``(II) deny certification and specify actions necessary for 
     the State to take to correct deficiencies in the State 
     process.
       ``(B) Recertification.--Not less frequently than once every 
     4 years, the Secretary shall review and recertify that the 
     process used by a State to develop and maintain the State 
     asset management plan for the National Highway System meets 
     the requirements for the process, as established by the 
     Secretary.
       ``(C) Opportunity to cure.--If the Secretary denies 
     certification under subparagraph (A), the Secretary shall 
     provide the State with--
       ``(i) not less than 90 days to cure the deficiencies of the 
     plan, during which time period all penalties and other legal 
     impacts of a denial of certification shall be stayed; and
       ``(ii) a written statement of the specific actions the 
     Secretary determines to be necessary for the State to cure 
     the plan.
       ``(7) Performance achievement.--A State that does not 
     achieve or make significant progress toward achieving the 
     targets of the State for performance measures described in 
     section 150(d) for the National Highway System for 2 
     consecutive reports submitted under this paragraph shall 
     include in the next report submitted a description of the 
     actions the State will undertake to achieve the targets.
       ``(8) Process.--Not later than 18 months after the date of 
     enactment of the MAP-21, the Secretary shall, by regulation 
     and in consultation with State departments of transportation, 
     establish the process to develop the State asset management 
     plan described in paragraph (1).
       ``(f) Interstate System and NHS Bridge Conditions.--
       ``(1) Condition of interstate system.--
       ``(A) Penalty.--If, during 2 consecutive reporting periods, 
     the condition of the Interstate System, excluding bridges on 
     the Interstate System, in a State falls below the minimum 
     condition level established by the Secretary under section 
     150(c)(3), the State shall be required, during the following 
     fiscal year--
       ``(i) to obligate, from the amounts apportioned to the 
     State under section 104(b)(1), an amount that is not less 
     than the amount of funds apportioned to the State for fiscal 
     year 2009 under the Interstate maintenance program for the 
     purposes described in this section (as in effect on the day 
     before the date of enactment of the MAP-21), except that for 
     each year after fiscal year 2013, the amount required to be 
     obligated under this clause shall be increased by 2 percent 
     over the amount required to be obligated in the previous 
     fiscal year; and
       ``(ii) to transfer, from the amounts apportioned to the 
     State under section 104(b)(2) (other than amounts 
     suballocated to metropolitan areas and other areas of the 
     State under section 133(d)) to the apportionment of the State 
     under section 104(b)(1), an amount equal to 10 percent of the 
     amount of funds apportioned to the State for fiscal year 2009 
     under the Interstate maintenance program for the purposes 
     described in this section (as in effect on the day before the 
     date of enactment of the MAP-21).
       ``(B) Restoration.--The obligation requirement for the 
     Interstate System in a State required by subparagraph (A) for 
     a fiscal year shall remain in effect for each subsequent 
     fiscal year until such time as the condition of the 
     Interstate System in the State exceeds the minimum condition 
     level established by the Secretary.
       ``(2) Condition of nhs bridges.--
       ``(A) Penalty.--If the Secretary determines that, for the 
     3-year-period preceding the date of the determination, more 
     than 10 percent of the total deck area of bridges in the 
     State on the National Highway System is located on bridges 
     that have been classified as structurally deficient, an 
     amount equal to 50 percent of funds apportioned to such State 
     for fiscal year 2009 to carry out section 144 (as in effect 
     the day before enactment of MAP-21) shall be set aside from 
     amounts apportioned to a State for a fiscal year under 
     section 104(b)(1) only for eligible projects on bridges on 
     the National Highway System.
       ``(B) Restoration.--The set-aside requirement for bridges 
     on the National Highway System in a State under subparagraph 
     (A) for a fiscal year shall remain in effect for each 
     subsequent fiscal year until such time as less than 10 
     percent of the total deck area of bridges in the State on the 
     National Highway System is located on bridges that have been 
     classified as structurally deficient, as determined by the 
     Secretary.
       ``(g) Environmental Mitigation.--
       ``(1) Eligible activities.--In accordance with all 
     applicable Federal law (including regulations), environmental 
     mitigation efforts referred to in subsection (d)(2)(O) 
     include participation in natural habitat and wetlands 
     mitigation efforts relating to projects funded under this 
     title, which may include--
       ``(A) participation in mitigation banking or other third-
     party mitigation arrangements, such as--
       ``(i) the purchase of credits from commercial mitigation 
     banks;
       ``(ii) the establishment and management of agency-sponsored 
     mitigation banks; and
       ``(iii) the purchase of credits or establishment of in-lieu 
     fee mitigation programs;
       ``(B) contributions to statewide and regional efforts to 
     conserve, restore, enhance, and create natural habitats and 
     wetlands; and
       ``(C) the development of statewide and regional 
     environmental protection plans, including natural habitat and 
     wetland conservation and restoration plans.
       ``(2) Inclusion of other activities.--The banks, efforts, 
     and plans described in paragraph (1) include any such banks, 
     efforts, and plans developed in accordance with applicable 
     law (including regulations).
       ``(3) Terms and conditions.--The following terms and 
     conditions apply to natural habitat and wetlands mitigation 
     efforts under this subsection:
       ``(A) Contributions to the mitigation effort may--
       ``(i) take place concurrent with, or in advance of, 
     commitment of funding under this title to a project or 
     projects; and
       ``(ii) occur in advance of project construction only if the 
     efforts are consistent with all applicable requirements of 
     Federal law (including regulations) and State transportation 
     planning processes.
       ``(B) Credits from any agency-sponsored mitigation bank 
     that are attributable to funding under this section may be 
     used only for projects funded under this title, unless the 
     agency pays to the Secretary an amount equal to the Federal 
     funds attributable to the mitigation bank credits the agency 
     uses for purposes other than mitigation of a project funded 
     under this title.
       ``(4) Preference.--At the discretion of the project 
     sponsor, preference shall be given, to the maximum extent 
     practicable, to mitigating an environmental impact through 
     the use of a mitigation bank, in-lieu fee, or other third-
     party mitigation arrangement, if the use of credits from the 
     mitigation bank or in-lieu fee, or the other third-party 
     mitigation arrangement for the project, is approved by the 
     applicable Federal agency.''.
       (b) Transition Period.--
       (1) In general.--Except as provided in paragraph (2), until 
     such date as a State has in effect an approved asset 
     management plan and has established performance targets as 
     described in sections 119 and 150 of title 23, United States 
     Code, that will contribute to achieving the national goals 
     for the condition and performance of the National Highway 
     System, but not later than 18 months after the date on which 
     the Secretary promulgates the final regulation required under 
     section 150(c) of that title, the Secretary shall approve 
     obligations of funds apportioned to a State to carry out the 
     national highway performance program under section 119 of 
     that title, for projects that otherwise meet the requirements 
     of that section.
       (2) Extension.--The Secretary may extend the transition 
     period for a State under paragraph (1) if the Secretary 
     determines that the State has made a good faith effort to 
     establish an asset management plan and performance targets 
     referred to in that paragraph.
       (c) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 119 and inserting the following:

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

     SEC. 1107. EMERGENCY RELIEF.

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

     ``Sec. 125. Emergency relief

       ``(a) In General.--Subject to this section and section 120, 
     an emergency fund is authorized for expenditure by the 
     Secretary for the repair or reconstruction of highways, 
     roads, and trails, in any area of the United States, 
     including Indian reservations, that the Secretary finds have 
     suffered serious damage as a result of--
       ``(1) a natural disaster over a wide area, such as by a 
     flood, hurricane, tidal wave, earthquake, severe storm, or 
     landslide; or
       ``(2) catastrophic failure from any external cause.
       ``(b) Restriction on Eligibility.--
       ``(1) Definition of construction phase.--In this 
     subsection, the term `construction phase' means the phase of 
     physical construction of a highway or bridge facility that is 
     separate from any other identified phases, such as planning, 
     design, or right-of-way phases, in the State transportation 
     improvement program.
       ``(2) Restriction.--In no case shall funds be used under 
     this section for the repair or reconstruction of a bridge--
       ``(A) that has been permanently closed to all vehicular 
     traffic by the State or responsible local official because of 
     imminent danger of collapse due to a structural deficiency or 
     physical deterioration; or
       ``(B) if a construction phase of a replacement structure is 
     included in the approved Statewide transportation improvement 
     program at the time of an event described in subsection (a).
       ``(c) Funding.--
       ``(1) In general.--Subject to the limitations described in 
     paragraph (2), there are authorized to be appropriated from 
     the Highway Trust Fund (other than the Mass Transit Account) 
     such sums as are necessary to establish the fund authorized 
     by this section and to replenish that fund on an annual 
     basis.
       ``(2) Limitations.--The limitations referred to in 
     paragraph (1) are that--
       ``(A) not more than $100,000,000 is authorized to be 
     obligated in any 1 fiscal year commencing after September 30, 
     1980, to carry out this section, except that, if for any 
     fiscal year the total of all obligations under this section 
     is less than the amount authorized to be obligated for the 
     fiscal year, the unobligated balance of that amount shall--
       ``(i) remain available until expended; and
       ``(ii) be in addition to amounts otherwise available to 
     carry out this section for each year; and
       ``(B)(i) pending such appropriation or replenishment, the 
     Secretary may obligate from any funds appropriated at any 
     time for obligation in accordance with this title, including 
     existing Federal-aid appropriations, such sums as are 
     necessary for the immediate prosecution of the work herein 
     authorized; and
       ``(ii) funds obligated under this subparagraph shall be 
     reimbursed from the appropriation or replenishment.
       ``(d) Eligibility.--
       ``(1) In general.--The Secretary may expend funds from the 
     emergency fund authorized by this section only for the repair 
     or reconstruction of highways on Federal-aid highways in 
     accordance with this chapter, except that--

[[Page H4442]]

       ``(A) no funds shall be so expended unless an emergency has 
     been declared by the Governor of the State with concurrence 
     by the Secretary, unless the President has declared the 
     emergency to be a major disaster for the purposes of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) for which concurrence of the 
     Secretary is not required; and
       ``(B) the Secretary has received an application from the 
     State transportation department that includes a comprehensive 
     list of all eligible project sites and repair costs by not 
     later than 2 years after the natural disaster or catastrophic 
     failure.
       ``(2) Cost limitation.--
       ``(A) Definition of comparable facility.--In this 
     paragraph, the term `comparable facility' means a facility 
     that meets the current geometric and construction standards 
     required for the types and volume of traffic that the 
     facility will carry over its design life.
       ``(B) Limitation.--The total cost of a project funded under 
     this section may not exceed the cost of repair or 
     reconstruction of a comparable facility.
       ``(3) Debris removal.--The costs of debris removal shall be 
     an eligible expense under this section only for--
       ``(A) an event not declared a major disaster or emergency 
     by the President under the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
       ``(B) an event declared a major disaster or emergency by 
     the President under that Act if the debris removal is not 
     eligible for assistance under section 403, 407, or 502 of 
     that Act (42 U.S.C. 5170b, 5173, 5192).
       ``(4) Territories.--The total obligations for projects 
     under this section for any fiscal year in the Virgin Islands, 
     Guam, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands shall not exceed $20,000,000.
       ``(5) Substitute traffic.--Notwithstanding any other 
     provision of this section, actual and necessary costs of 
     maintenance and operation of ferryboats or additional transit 
     service providing temporary substitute highway traffic 
     service, less the amount of fares charged for comparable 
     service, may be expended from the emergency fund authorized 
     by this section for Federal-aid highways.
       ``(e) Tribal Transportation Facilities, Federal Lands 
     Transportation Facilities, and Public Roads on Federal 
     Lands.--
       ``(1) Definition of open to public travel.--In this 
     subsection, the term `open to public travel' means, with 
     respect to a road, that, except during scheduled periods, 
     extreme weather conditions, or emergencies, the road is open 
     to the general public for use with a standard passenger 
     vehicle, without restrictive gates or prohibitive signs or 
     regulations, other than for general traffic control or 
     restrictions based on size, weight, or class of registration.
       ``(2) Expenditure of funds.--Notwithstanding subsection 
     (d)(1), the Secretary may expend funds from the emergency 
     fund authorized by this section, independently or in 
     cooperation with any other branch of the Federal Government, 
     a State agency, a tribal government, an organization, or a 
     person, for the repair or reconstruction of tribal 
     transportation facilities, Federal lands transportation 
     facilities, and other federally owned roads that are open to 
     public travel, whether or not those facilities are Federal-
     aid highways.
       ``(3) Reimbursement.--
       ``(A) In general.--The Secretary may reimburse Federal and 
     State agencies (including political subdivisions) for 
     expenditures made for projects determined eligible under this 
     section, including expenditures for emergency repairs made 
     before a determination of eligibility.
       ``(B) Transfers.--With respect to reimbursements described 
     in subparagraph (A)--
       ``(i) those reimbursements to Federal agencies and Indian 
     tribal governments shall be transferred to the account from 
     which the expenditure was made, or to a similar account that 
     remains available for obligation; and
       ``(ii) the budget authority associated with the expenditure 
     shall be restored to the agency from which the authority was 
     derived and shall be available for obligation until the end 
     of the fiscal year following the year in which the transfer 
     occurs.
       ``(f) Treatment of Territories.--For purposes of this 
     section, the Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands shall be 
     considered to be States and parts of the United States, and 
     the chief executive officer of each such territory shall be 
     considered to be a Governor of a State.
       ``(g) Protecting Public Safety and Maintaining Roadways.--
     The Secretary may use not more than 5 percent of amounts from 
     the emergency fund authorized by this section to carry out 
     projects that the Secretary determines are necessary to 
     protect the public safety or to maintain or protect roadways 
     that are included within the scope of an emergency 
     declaration by the Governor of the State or by the President, 
     in accordance with this section, and the Governor deems to be 
     an ongoing concern in order to maintain vehicular traffic on 
     the roadway.''.

     SEC. 1108. SURFACE TRANSPORTATION PROGRAM.

       (a) Eligible Projects.--Section 133(b) of title 23, United 
     States Code, is amended--
       (1) in the matter preceding paragraph (1) by striking 
     ``section 104(b)(3)'' and inserting ``section 104(b)(2)'';
       (2) by striking paragraph (1);
       (3) by redesignating paragraphs (2) through (15) as 
     paragraphs (5) through (18), respectively;
       (4) by inserting before paragraph (5) (as so redesignated) 
     the following:
       ``(1) Construction, reconstruction, rehabilitation, 
     resurfacing, restoration, preservation, or operational 
     improvements for highways, including construction of 
     designated routes of the Appalachian development highway 
     system and local access roads under section 14501 of title 
     40.
       ``(2) Replacement (including replacement with fill 
     material), rehabilitation, preservation, protection 
     (including painting, scour countermeasures, seismic 
     retrofits, impact protection measures, security 
     countermeasures, and protection against extreme events) and 
     application of calcium magnesium acetate, sodium acetate/
     formate, or other environmentally acceptable, minimally 
     corrosive anti-icing and deicing compositions for bridges 
     (and approaches to bridges and other elevated structures) and 
     tunnels on public roads of all functional classifications, 
     including any such construction or reconstruction necessary 
     to accommodate other transportation modes.
       ``(3) Construction of a new bridge or tunnel at a new 
     location on a Federal-aid highway.
       ``(4) Inspection and evaluation of bridges and tunnels and 
     training of bridge and tunnel inspectors (as defined in 
     section 144), and inspection and evaluation of other highway 
     assets (including signs, retaining walls, and drainage 
     structures).'';
       (5) by striking paragraph (6) (as so redesignated) and 
     inserting the following:
       ``(6) Carpool projects, fringe and corridor parking 
     facilities and programs, including electric vehicle and 
     natural gas vehicle infrastructure in accordance with section 
     137, bicycle transportation and pedestrian walkways in 
     accordance with section 217, and the modifications of public 
     sidewalks to comply with the Americans with Disabilities Act 
     of 1990 (42 U.S.C. 12101 et seq.).'';
       (6) by striking paragraph (7) (as so redesignated) and 
     inserting the following:
       ``(7) Highway and transit safety infrastructure 
     improvements and programs, installation of safety barriers 
     and nets on bridges, hazard eliminations, projects to 
     mitigate hazards caused by wildlife, and railway-highway 
     grade crossings.'';
       (7) in paragraph (11) (as so redesignated) by striking 
     ``enhancement activities'' and inserting ``alternatives'';
       (8) by striking paragraph (14) (as so redesignated) and 
     inserting the following:
       ``(14) Environmental mitigation efforts relating to 
     projects funded under this title in the same manner and to 
     the same extent as such activities are eligible under section 
     119(g).''; and
       (9) by inserting after paragraph (18) (as so redesignated) 
     the following:
       ``(19) Projects and strategies designed to support 
     congestion pricing, including electric toll collection and 
     travel demand management strategies and programs.
       ``(20) Recreational trails projects eligible for funding 
     under section 206.
       ``(21) Construction of ferry boats and ferry terminal 
     facilities eligible for funding under section 129(c).
       ``(22) Border infrastructure projects eligible for funding 
     under section 1303 of the SAFETEA-LU (23 U.S.C. 101 note; 
     Public Law 109-59).
       ``(23) Truck parking facilities eligible for funding under 
     section 1401 of the MAP-21.
       ``(24) Development and implementation of a State asset 
     management plan for the National Highway System in accordance 
     with section 119, including data collection, maintenance, and 
     integration and the costs associated with obtaining, 
     updating, and licensing software and equipment required for 
     risk based asset management and performance based management, 
     and for similar activities related to the development and 
     implementation of a performance based management program for 
     other public roads.
       ``(25) A project that, if located within the boundaries of 
     a port terminal, includes only such surface transportation 
     infrastructure modifications as are necessary to facilitate 
     direct intermodal interchange, transfer, and access into and 
     out of the port.
       ``(26) Construction and operational improvements for any 
     minor collector if--
       ``(A) the minor collector, and the project to be carried 
     out with respect to the minor collector, are in the same 
     corridor as, and in proximity to, a Federal-aid highway 
     designated as part of the National Highway System;
       ``(B) the construction or improvements will enhance the 
     level of service on the Federal-aid highway described in 
     subparagraph (A) and improve regional traffic flow; and
       ``(C) the construction or improvements are more cost-
     effective, as determined by a benefit-cost analysis, than an 
     improvement to the Federal-aid highway described in 
     subparagraph (A).''.
       (b) Location of Projects.--Section 133 of title 23, United 
     States Code, is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Location of Projects.--Surface transportation program 
     projects may not be undertaken on roads functionally 
     classified as local or rural minor collectors unless the 
     roads were on a Federal-aid highway system on January 1, 
     1991, except--
       ``(1) as provided in subsection (g);
       ``(2) for projects described in paragraphs (2), (4), (6), 
     (7), (11), (20), (25), and (26) of subsection (b); and
       ``(3) as approved by the Secretary.''.
       (c) Allocation of Apportioned Funds.--Section 133 of the 
     title 23, United States Code, is amended by striking 
     subsection (d) and inserting the following:
       ``(d) Allocations of Apportioned Funds to Areas Based on 
     Population.--
       ``(1) Calculation.--Of the funds apportioned to a State 
     under section 104(b)(2)--
       ``(A) 50 percent for a fiscal year shall be obligated under 
     this section, in proportion to their relative shares of the 
     population of the State--
       ``(i) in urbanized areas of the State with an urbanized 
     area population of over 200,000;
       ``(ii) in areas of the State other than urban areas with a 
     population greater than 5,000; and

[[Page H4443]]

       ``(iii) in other areas of the State; and
       ``(B) 50 percent may be obligated in any area of the State.
       ``(2) Metropolitan areas.--Funds attributed to an urbanized 
     area under paragraph (1)(A)(i) may be obligated in the 
     metropolitan area established under section 134 that 
     encompasses the urbanized area.
       ``(3) Consultation with regional transportation planning 
     organizations.--For purposes of paragraph (1)(A)(ii), before 
     obligating funding attributed to an area with a population 
     greater than 5,000 and less than 200,000, a State shall 
     consult with the regional transportation planning 
     organizations that represent the area, if any.
       ``(4) Distribution among urbanized areas of over 200,000 
     population.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the amount of funds that a State is required to obligate 
     under paragraph (1)(A)(i) shall be obligated in urbanized 
     areas described in paragraph (1)(A)(i) based on the relative 
     population of the areas.
       ``(B) Other factors.--The State may obligate the funds 
     described in subparagraph (A) based on other factors if the 
     State and the relevant metropolitan planning organizations 
     jointly apply to the Secretary for the permission to base the 
     obligation on other factors and the Secretary grants the 
     request.
       ``(5) Applicability of planning requirements.--Programming 
     and expenditure of funds for projects under this section 
     shall be consistent with sections 134 and 135.''.
       (d) Administration.--Section 133 of title 23, United States 
     Code, is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Administration.--
       ``(1) Submission of project agreement.--For each fiscal 
     year, each State shall submit a project agreement that--
       ``(A) certifies that the State will meet all the 
     requirements of this section; and
       ``(B) notifies the Secretary of the amount of obligations 
     needed to carry out the program under this section.
       ``(2) Request for adjustments of amounts.--Each State shall 
     request from the Secretary such adjustments to the amount of 
     obligations referred to in paragraph (1)(B) as the State 
     determines to be necessary.
       ``(3) Effect of approval by the secretary.--Approval by the 
     Secretary of a project agreement under paragraph (1) shall be 
     deemed a contractual obligation of the United States to pay 
     surface transportation program funds made available under 
     this title.''.
       (e) Obligation Authority.--Section 133(f)(1) of title 23, 
     United States Code, is amended by striking ``2004 through 
     2006 and the period of fiscal years 2007 through 2009'' and 
     inserting ``2011 through 2014''.
       (f) Bridges Not on Federal-aid Highways.--Section 133 of 
     the title 23, United States Code, is amended by adding at the 
     end the following:
       ``(g) Bridges Not on Federal-aid Highways.--
       ``(1) Definition of off-system bridge.--In this subsection, 
     the term `off-system bridge' means a highway bridge located 
     on a public road, other than a bridge on a Federal-aid 
     highway.
       ``(2) Special rule.--
       ``(A) Set-aside.--Of the amounts apportioned to a State for 
     fiscal year 2013 and each fiscal year thereafter under this 
     section, the State shall obligate for activities described in 
     subsection (b)(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, except that amounts allocated under subsection (d) 
     shall not be obligated to carry out this subsection.
       ``(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.
       ``(3) Credit for bridges not on federal-aid highways.--
     Notwithstanding any other provision of law, with respect to 
     any project not on a Federal-aid highway for the replacement 
     of a bridge or rehabilitation of a bridge that is wholly 
     funded from State and local sources, is eligible for Federal 
     funds under this section, is noncontroversial, is certified 
     by the State to have been carried out in accordance with all 
     standards applicable to such projects under this section, and 
     is determined by the Secretary upon completion to be no 
     longer a deficient bridge--
       ``(A) any amount expended after the date of enactment of 
     this subsection from State and local sources for the project 
     in excess of 20 percent of the cost of construction of the 
     project may be credited to the non-Federal share of the cost 
     of other bridge projects in the State that are eligible for 
     Federal funds under this section; and
       ``(B) that crediting shall be conducted in accordance with 
     procedures established by the Secretary.
       ``(h) Special Rule for Areas of Less Than 5,000 
     Population.--
       ``(1) Special rule.--Notwithstanding subsection (c), and 
     except as provided in paragraph (2), up to 15 percent of the 
     amounts required to be obligated by a State under subsection 
     (d)(1)(A)(iii) for each of fiscal years 2013 through 2014 may 
     be obligated on roads functionally classified as minor 
     collectors.
       ``(2) Suspension.--The Secretary may suspend the 
     application of paragraph (1) with respect to a State if the 
     Secretary determines that the authority provided under 
     paragraph (1) is being used excessively by the State.''.

     SEC. 1109. WORKFORCE DEVELOPMENT.

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

     SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

       Section 143 of title 23, United States Code, is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (2) and inserting the following:
       ``(2) Funding.--
       ``(A) In general.--From administrative funds made available 
     under section 104(a), the Secretary shall deduct such sums as 
     are necessary, not to exceed $10,000,000 for each of fiscal 
     years 2013 and 2014, to carry out this section.
       ``(B) Allocation of funds.--Funds made available to carry 
     out this section may be allocated to the Internal Revenue 
     Service and the States at the discretion of the Secretary, 
     except that of funds so made available for each fiscal year, 
     $2,000,000 shall be available only to carry out 
     intergovernmental enforcement efforts, including research and 
     training.''; and
       (B) in paragraph (8) by striking ``section 104(b)(3)'' and 
     inserting ``section 104(b)(2)''; and
       (2) in subsection (c)(3) by striking ``for each of fiscal 
     years 2005 through 2009,'' and inserting ``for each fiscal 
     year,''.

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

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

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

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

[[Page H4444]]

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

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

       ``(5) Penalty for noncompliance.--
       ``(A) In general.--If a State fails to satisfy the 
     requirements of paragraph (4)(B) by August 1 of the calendar 
     year following the year of a finding of noncompliance, the 
     Secretary shall, on October 1 of that year, and each year 
     thereafter as may be necessary, require the State to dedicate 
     funds apportioned to the State under sections 119 and 133 
     after the date of enactment of the MAP-21 to correct the 
     noncompliance with the minimum inspection standards 
     established under this subsection.
       ``(B) Amount.--The amount of the funds to be directed to 
     correcting noncompliance in accordance with subparagraph (A) 
     shall--
       ``(i) be determined by the State based on an analysis of 
     the actions needed to address the noncompliance; and
       ``(ii) require approval by the Secretary.
       ``(6) Update of standards.--Not later than 3 years after 
     the date of enactment of the MAP-21, the Secretary shall 
     update inspection standards to cover--
       ``(A) the methodology, training, and qualifications for 
     inspectors; and
       ``(B) the frequency of inspection.
       ``(7) Risk-based approach.--In carrying out the revisions 
     required by paragraph (6), the Secretary shall consider a 
     risk-based approach to determining the frequency of bridge 
     inspections.
       ``(i) Training Program for Bridge and Tunnel Inspectors.--
       ``(1) In general.--The Secretary, in cooperation with the 
     State transportation departments, shall maintain a program 
     designed to train appropriate personnel to carry out highway 
     bridge and tunnel inspections.
       ``(2) Revisions.--The training program shall be revised 
     from time to time to take into account new and improved 
     techniques.
       ``(j) Availability of Funds.--In carrying out this 
     section--
       ``(1) the Secretary may use funds made available to the 
     Secretary under sections 104(a) and 503;
       ``(2) a State may use amounts apportioned to the State 
     under section 104(b)(1) and 104(b)(3);
       ``(3) an Indian tribe may use funds made available to the 
     Indian tribe under section 202; and

[[Page H4445]]

       ``(4) a Federal agency may use funds made available to the 
     agency under section 503.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 144 and inserting the following:

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

     SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

       (a) In General.--Section 148 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 148. Highway safety improvement program

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

[[Page H4446]]

       ``(iv) to improve the compatibility and interoperability of 
     safety data with other State transportation-related data 
     systems and the compatibility and interoperability of State 
     safety data systems with data systems of other States and 
     national data systems;
       ``(v) to enhance the ability of the Secretary to observe 
     and analyze national trends in crash occurrences, rates, 
     outcomes, and circumstances; and
       ``(vi) to improve the collection of data on nonmotorized 
     crashes;
       ``(B) based on the analysis required by subparagraph (A)--
       ``(i) identify hazardous locations, sections, and elements 
     (including roadside obstacles, railway-highway crossing 
     needs, and unmarked or poorly marked roads) that constitute a 
     danger to motorists (including motorcyclists), bicyclists, 
     pedestrians, and other highway users;
       ``(ii) using such criteria as the State determines to be 
     appropriate, establish the relative severity of those 
     locations, in terms of crashes (including crash rates), 
     fatalities, serious injuries, traffic volume levels, and 
     other relevant data;
       ``(iii) identify the number of fatalities and serious 
     injuries on all public roads by location in the State;
       ``(iv) identify highway safety improvement projects on the 
     basis of crash experience, crash potential, crash rate, or 
     other data-supported means; and
       ``(v) consider which projects maximize opportunities to 
     advance safety;
       ``(C) adopt strategic and performance-based goals that--
       ``(i) address traffic safety, including behavioral and 
     infrastructure problems and opportunities on all public 
     roads;
       ``(ii) focus resources on areas of greatest need; and
       ``(iii) are coordinated with other State highway safety 
     programs;
       ``(D) advance the capabilities of the State for safety data 
     collection, analysis, and integration in a manner that--
       ``(i) complements the State highway safety program under 
     chapter 4 and the commercial vehicle safety plan under 
     section 31102 of title 49;
       ``(ii) includes all public roads, including public non-
     State-owned roads and roads on tribal land;
       ``(iii) identifies hazardous locations, sections, and 
     elements on all public roads that constitute a danger to 
     motorists (including motorcyclists), bicyclists, pedestrians, 
     persons with disabilities, and other highway users;
       ``(iv) includes a means of identifying the relative 
     severity of hazardous locations described in clause (iii) in 
     terms of crashes (including crash rate), serious injuries, 
     fatalities, and traffic volume levels; and
       ``(v) improves the ability of the State to identify the 
     number of fatalities and serious injuries on all public roads 
     in the State with a breakdown by functional classification 
     and ownership in the State;
       ``(E)(i) determine priorities for the correction of 
     hazardous road locations, sections, and elements (including 
     railway-highway crossing improvements), as identified through 
     safety data analysis;
       ``(ii) identify opportunities for preventing the 
     development of such hazardous conditions; and
       ``(iii) establish and implement a schedule of highway 
     safety improvement projects for hazard correction and hazard 
     prevention; and
       ``(F)(i) establish an evaluation process to analyze and 
     assess results achieved by highway safety improvement 
     projects carried out in accordance with procedures and 
     criteria established by this section; and
       ``(ii) use the information obtained under clause (i) in 
     setting priorities for highway safety improvement projects.
       ``(d) Updates to Strategic Highway Safety Plans.--
       ``(1) Establishment of requirements.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the MAP-21, the Secretary shall establish 
     requirements for regularly recurring State updates of 
     strategic highway safety plans.
       ``(B) Contents of updated strategic highway safety plans.--
     In establishing requirements under this subsection, the 
     Secretary shall ensure that States take into consideration, 
     with respect to updated strategic highway safety plans--
       ``(i) the findings of road safety audits;
       ``(ii) the locations of fatalities and serious injuries;
       ``(iii) the locations that do not have an empirical history 
     of fatalities and serious injuries, but possess risk factors 
     for potential crashes;
       ``(iv) rural roads, including all public roads, 
     commensurate with fatality data;
       ``(v) motor vehicle crashes that include fatalities or 
     serious injuries to pedestrians and bicyclists;
       ``(vi) the cost-effectiveness of improvements;
       ``(vii) improvements to rail-highway grade crossings; and
       ``(viii) safety on all public roads, including non-State-
     owned public roads and roads on tribal land.
       ``(2) Approval of updated strategic highway safety plans.--
       ``(A) In general.--Each State shall--
       ``(i) update the strategic highway safety plans of the 
     State in accordance with the requirements established by the 
     Secretary under this subsection; and
       ``(ii) submit the updated plans to the Secretary, along 
     with a detailed description of the process used to update the 
     plan.
       ``(B) Requirements for approval.--The Secretary shall not 
     approve the process for an updated strategic highway safety 
     plan unless--
       ``(i) the updated strategic highway safety plan is 
     consistent with the requirements of this subsection and 
     subsection (a)(12); and
       ``(ii) the process used is consistent with the requirements 
     of this subsection.
       ``(3) Penalty for failure to have an approved updated 
     strategic highway safety plan.--If a State does not have an 
     updated strategic highway safety plan with a process approved 
     by the Secretary by August 1 of the fiscal year beginning 
     after the date of establishment of the requirements under 
     paragraph (1), the State shall not be eligible to receive any 
     additional limitation pursuant to the redistribution of the 
     limitation on obligations for Federal-aid highway and highway 
     safety construction programs that occurs after August 1 for 
     each succeeding fiscal year until the fiscal year during 
     which the plan is approved.
       ``(e) Eligible Projects.--
       ``(1) In general.--Funds apportioned to the State under 
     section 104(b)(3) may be obligated to carry out--
       ``(A) any highway safety improvement project on any public 
     road or publicly owned bicycle or pedestrian pathway or 
     trail;
       ``(B) as provided in subsection (g); or
       ``(C) any project to maintain minimum levels of 
     retroreflectivity with respect to a public road, without 
     regard to whether the project is included in an applicable 
     State strategic highway safety plan.
       ``(2) Use of other funding for safety.--
       ``(A) Effect of section.--Nothing in this section prohibits 
     the use of funds made available under other provisions of 
     this title for highway safety improvement projects.
       ``(B) Use of other funds.--States are encouraged to address 
     the full scope of the safety needs and opportunities of the 
     States by using funds made available under other provisions 
     of this title (except a provision that specifically prohibits 
     that use).
       ``(f) Data Improvement.--
       ``(1) Definition of data improvement activities.--In this 
     subsection, the following definitions apply:
       ``(A) In general.--The term `data improvement activities' 
     means a project or activity to further the capacity of a 
     State to make more informed and effective safety 
     infrastructure investment decisions.
       ``(B) Inclusions.--The term `data improvement activities' 
     includes a project or activity--
       ``(i) to create, update, or enhance a highway basemap of 
     all public roads in a State;
       ``(ii) to collect safety data, including data identified as 
     part of the model inventory for roadway elements, for 
     creation of or use on a highway basemap of all public roads 
     in a State;
       ``(iii) to store and maintain safety data in an electronic 
     manner;
       ``(iv) to develop analytical processes for safety data 
     elements;
       ``(v) to acquire and implement roadway safety analysis 
     tools; and
       ``(vi) to support the collection, maintenance, and sharing 
     of safety data on all public roads and related systems 
     associated with the analytical usage of that data.
       ``(2) Model inventory of roadway elements.--The Secretary 
     shall--
       ``(A) establish a subset of the model inventory of roadway 
     elements that are useful for the inventory of roadway safety; 
     and
       ``(B) ensure that States adopt and use the subset to 
     improve data collection.
       ``(g) Special Rules.--
       ``(1) High-risk rural road safety.--If the fatality rate on 
     rural roads in a State increases over the most recent 2-year 
     period for which data are available, that State shall be 
     required to obligate in the next fiscal year for projects on 
     high risk rural roads an amount equal to at least 200 percent 
     of the amount of funds the State received for fiscal year 
     2009 for high risk rural roads under subsection (f) of this 
     section, as in effect on the day before the date of enactment 
     of the MAP-21.
       ``(2) Older drivers.--If traffic fatalities and serious 
     injuries per capita for drivers and pedestrians over the age 
     of 65 in a State increases during the most recent 2-year 
     period for which data are available, that State shall be 
     required to include, in the subsequent Strategic Highway 
     Safety Plan of the State, strategies to address the increases 
     in those rates, taking into account the recommendations 
     included in the publication of the Federal Highway 
     Administration entitled `Highway Design Handbook for Older 
     Drivers and Pedestrians' (FHWA-RD-01-103), and dated May 
     2001, or as subsequently revised and updated.
       ``(h) Reports.--
       ``(1) In general.--A State shall submit to the Secretary a 
     report that--
       ``(A) describes progress being made to implement highway 
     safety improvement projects under this section;
       ``(B) assesses the effectiveness of those improvements; and
       ``(C) describes the extent to which the improvements funded 
     under this section have contributed to reducing--
       ``(i) the number and rate of fatalities on all public roads 
     with, to the maximum extent practicable, a breakdown by 
     functional classification and ownership in the State;
       ``(ii) the number and rate of serious injuries on all 
     public roads with, to the maximum extent practicable, a 
     breakdown by functional classification and ownership in the 
     State; and
       ``(iii) the occurrences of fatalities and serious injuries 
     at railway-highway crossings.
       ``(2) Contents; schedule.--The Secretary shall establish 
     the content and schedule for the submission of the report 
     under paragraph (1).
       ``(3) Transparency.--The Secretary shall make strategic 
     highway safety plans submitted under subsection (d) and 
     reports submitted under this subsection available to the 
     public through--
       ``(A) the website of the Department; and
       ``(B) such other means as the Secretary determines to be 
     appropriate.

[[Page H4447]]

       ``(4) Discovery and admission into evidence of certain 
     reports, surveys, and information.--Notwithstanding any other 
     provision of law, reports, surveys, schedules, lists, or data 
     compiled or collected for any purpose relating to this 
     section, shall not be subject to discovery or admitted into 
     evidence in a Federal or State court proceeding or considered 
     for other purposes in any action for damages arising from any 
     occurrence at a location identified or addressed in the 
     reports, surveys, schedules, lists, or other data.
       ``(i) State Performance Targets.--If the Secretary 
     determines that a State has not met or made significant 
     progress toward meeting the performance targets of the State 
     established under section 150(d) by the date that is 2 years 
     after the date of the establishment of the performance 
     targets, the State shall--
       ``(1) use obligation authority equal to the apportionment 
     of the State for the prior year under section 104(b)(3) only 
     for highway safety improvement projects under this section 
     until the Secretary determines that the State has met or made 
     significant progress toward meeting the performance targets 
     of the State; and
       ``(2) submit annually to the Secretary, until the Secretary 
     determines that the State has met or made significant 
     progress toward meeting the performance targets of the State, 
     an implementation plan that--
       ``(A) identifies roadway features that constitute a hazard 
     to road users;
       ``(B) identifies highway safety improvement projects on the 
     basis of crash experience, crash potential, or other data-
     supported means;
       ``(C) describes how highway safety improvement program 
     funds will be allocated, including projects, activities, and 
     strategies to be implemented;
       ``(D) describes how the proposed projects, activities, and 
     strategies funded under the State highway safety improvement 
     program will allow the State to make progress toward 
     achieving the safety performance targets of the State; and
       ``(E) describes the actions the State will undertake to 
     meet the performance targets of the State.
       ``(j) Federal Share of Highway Safety Improvement 
     Projects.--Except as provided in sections 120 and 130, the 
     Federal share of the cost of a highway safety improvement 
     project carried out with funds apportioned to a State under 
     section 104(b)(3) shall be 90 percent.''.
       (b) Study of High-risk Rural Roads Best Practices.--
       (1) Study.--
       (A) In general.--The Secretary shall conduct a study of the 
     best practices for implementing cost-effective roadway safety 
     infrastructure improvements on high-risk rural roads.
       (B) Methodology.--In carrying out the study, the Secretary 
     shall--
       (i) conduct a thorough literature review;
       (ii) survey current practices of State departments of 
     transportation; and
       (iii) survey current practices of local units of 
     government, as appropriate.
       (C) Consultation.--In carrying out the study, the Secretary 
     shall consult with--
       (i) State departments of transportation;
       (ii) county engineers and public works professionals;
       (iii) appropriate local officials; and
       (iv) appropriate private sector experts in the field of 
     roadway safety infrastructure.
       (2) Report.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the results of the 
     study.
       (B) Contents.--The report shall include--
       (i) a summary of cost-effective roadway safety 
     infrastructure improvements;
       (ii) a summary of the latest research on the financial 
     savings and reduction in fatalities and serious bodily injury 
     crashes from the implementation of cost-effective roadway 
     safety infrastructure improvements; and
       (iii) recommendations for State and local governments on 
     best practice methods to install cost-effective roadway 
     safety infrastructure on high-risk rural roads.
       (3) Manual.--
       (A) Development.--Based on the results of the study under 
     paragraph (2), the Secretary, in consultation with the 
     individuals and entities described in paragraph (1)(C), shall 
     develop a best practices manual to support Federal, State, 
     and local efforts to reduce fatalities and serious bodily 
     injury crashes on high-risk rural roads through the use of 
     cost-effective roadway safety infrastructure improvements.
       (B) Availability.--The manual shall be made available to 
     State and local governments not later than 180 days after the 
     date of submission of the report under paragraph (2).
       (C) Contents.--The manual shall include, at a minimum, a 
     list of cost-effective roadway safety infrastructure 
     improvements and best practices on the installation of cost-
     effective roadway safety infrastructure improvements on high-
     risk rural roads.
       (D) Use of manual.--Use of the manual shall be voluntary 
     and the manual shall not establish any binding standards or 
     legal duties on State or local governments, or any other 
     person.

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

       (a) Eligible Projects.--Section 149(b) of title 23, United 
     States Code, is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``in subsection (c)'' and inserting ``in 
     subsection (d)''; and
       (B) by striking ``section 104(b)(2)'' and inserting 
     ``section 104(b)(4)'';
       (2) in paragraph (5)--
       (A) by inserting ``add turning lanes,'' after ``improve 
     intersections,''; and
       (B) by striking ``paragraph;'' and inserting ``paragraph, 
     including programs or projects to improve incident and 
     emergency response or improve mobility, such as through real-
     time traffic, transit, and multimodal traveler 
     information;'';
       (3) in paragraph (6) by striking ``or'' at the end;
       (4) in paragraph (7)(A)(ii) by striking ``published in the 
     list under subsection (f)(2)'' and inserting ``verified 
     technologies (as defined in section 791 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16131))'';
       (5) by striking the matter following paragraph (7);
       (6) by redesignating paragraph (7) as paragraph (8); and
       (7) by inserting after paragraph (6) the following:
       ``(7) if the project or program shifts traffic demand to 
     nonpeak hours or other transportation modes, increases 
     vehicle occupancy rates, or otherwise reduces demand for 
     roads through such means as telecommuting, ridesharing, 
     carsharing, alternative work hours, and pricing; or''.
       (b) Special Rules.--Section 149 of title 23, United States 
     Code, is amended--
       (1) by redesignating subsections (c) through (h) as 
     subsections (d) through (i) respectively;
       (2) by inserting after subsection (b) the following:
       ``(c) Special Rules.--
       ``(1) Projects for pm-10 nonattainment areas.--A State may 
     obligate funds apportioned to the State under section 
     104(b)(4) for a project or program for an area that is 
     nonattainment for ozone or carbon monoxide, or both, and for 
     PM-10 resulting from transportation activities, without 
     regard to any limitation of the Department of Transportation 
     relating to the type of ambient air quality standard such 
     project or program addresses.
       ``(2) Electric vehicle and natural gas vehicle 
     infrastructure.--A State may obligate funds apportioned under 
     section 104(b)(4) for a project or program to establish 
     electric vehicle charging stations or natural gas vehicle 
     refueling stations for the use of battery powered or natural 
     gas fueled trucks or other motor vehicles at any location in 
     the State except that such stations may not be established or 
     supported where commercial establishments serving motor 
     vehicle users are prohibited by section 111 of title 23, 
     United States Code.
       ``(3) HOV facilities.--No funds may be provided under this 
     section for a project which will result in the construction 
     of new capacity available to single occupant vehicles unless 
     the project consists of a high occupancy vehicle facility 
     available to single occupant vehicles only at other than peak 
     travel times.'';
       (3) by striking subsection (d) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(d) States Flexibility.--
       ``(1) States without a nonattainment area.--If a State does 
     not have, and never has had, a nonattainment area designated 
     under the Clean Air Act (42 U.S.C. 7401 et seq.), the State 
     may use funds apportioned to the State under section 
     104(b)(4) for any project in the State that--
       ``(A) would otherwise be eligible under subsection (b) as 
     if the project were carried out in a nonattainment or 
     maintenance area; or
       ``(B) is eligible under the surface transportation program 
     under section 133.
       ``(2) States with a nonattainment area.--
       ``(A) In general.--If a State has a nonattainment area or 
     maintenance area and received funds in fiscal year 2009 under 
     section 104(b)(2)(D), as in effect on the day before the date 
     of enactment of the MAP-21, above the amount of funds that 
     the State would have received based on the nonattainment and 
     maintenance area population of the State under subparagraphs 
     (B) and (C) of section 104(b)(2), as in effect on the day 
     before the date of enactment of the MAP-21, the State may use 
     for any project that is eligible under the surface 
     transportation program under section 133 an amount of funds 
     apportioned to such State under section 104(b)(4) that is 
     equal to the product obtained by multiplying--
       ``(i) the amount apportioned to such State under section 
     104(b)(4) (excluding the amount of funds reserved under 
     paragraph (l)); by
       ``(ii) the ratio calculated under subparagraph (B).
       ``(B) Ratio.--For purposes of this paragraph, the ratio 
     shall be calculated as the proportion that--
       ``(i) the amount for fiscal year 2009 such State was 
     permitted by section 149(c)(2), as in effect on the day 
     before the date of enactment of the MAP-21, to obligate in 
     any area of the State for projects eligible under section 
     133, as in effect on the day before the date of enactment of 
     the MAP-21t; bears to
       ``(ii) the total apportionment to such State for fiscal 
     year 2009 under section 104(b)(2), as in effect on the day 
     before the date of enactment of the MAP-21.
       ``(3) Changes in designation.--If a new nonattainment area 
     is designated or a previously designated nonattainment area 
     is redesignated as an attainment area in a State under the 
     Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall 
     modify the amount such State is permitted to obligate in any 
     area of the State for projects eligible under section 133.'';
       (4) in subsection (f)(3) (as redesignated by paragraph (1)) 
     by striking ``104(b)(2)'' and inserting ``104(b)(4)'';
       (5) in subsection (g) (as redesignated by paragraph (1)) by 
     striking paragraph (3) and inserting the following:
       ``(3) Priority consideration.--States and metropolitan 
     planning organizations shall give priority in areas 
     designated as nonattainment or maintenance for PM2.5 under 
     the Clean Air Act (42 U.S.C. 7401 et seq.) in distributing 
     funds received for congestion mitigation and air quality

[[Page H4448]]

     projects and programs from apportionments under section 
     104(b)(4) to projects that are proven to reduce PM2.5, 
     including diesel retrofits.'';
       (6) by striking subsection (i) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(i) Evaluation and Assessment of Projects.--
       ``(1) Database.--
       ``(A) In general.--Using appropriate assessments of 
     projects funded under the congestion mitigation and air 
     quality program and results from other research, the 
     Secretary shall maintain and disseminate a cumulative 
     database describing the impacts of the projects, including 
     specific information about each project, such as the project 
     name, location, sponsor, cost, and, to the extent already 
     measured by the project sponsor, cost-effectiveness, based on 
     reductions in congestion and emissions.
       ``(B) Availability.--The database shall be published or 
     otherwise made readily available by the Secretary in 
     electronically accessible format and means, such as the 
     Internet, for public review.
       ``(2) Cost effectiveness.--
       ``(A) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     evaluate projects on a periodic basis and develop a table or 
     other similar medium that illustrates the cost-effectiveness 
     of a range of project types eligible for funding under this 
     section as to how the projects mitigate congestion and 
     improve air quality.
       ``(B) Contents.--The table described in subparagraph (A) 
     shall show measures of cost-effectiveness, such as dollars 
     per ton of emissions reduced, and assess those measures over 
     a variety of timeframes to capture impacts on the planning 
     timeframes outlined in section 134.
       ``(C) Use of table.--States and metropolitan planning 
     organizations shall consider the information in the table 
     when selecting projects or developing performance plans under 
     subsection (l).
       ``(j) Optional Programmatic Eligibility.--
       ``(1) In general.--At the discretion of a metropolitan 
     planning organization, a technical assessment of a selected 
     program of projects may be conducted through modeling or 
     other means to demonstrate the emissions reduction projection 
     required under this section.
       ``(2) Applicability.--If an assessment described in 
     paragraph (1) successfully demonstrates an emissions 
     reduction, all projects included in such assessment shall be 
     eligible for obligation under this section without further 
     demonstration of emissions reduction of individual projects 
     included in such assessment.
       ``(k) Priority for Use of Funds in PM2.5 Areas.--
       ``(1) In general.--For any State that has a nonattainment 
     or maintenance area for fine particulate matter, an amount 
     equal to 25 percent of the funds apportioned to each State 
     under section 104(b)(4) for a nonattainment or maintenance 
     area that are based all or in part on the weighted population 
     of such area in fine particulate matter nonattainment shall 
     be obligated to projects that reduce such fine particulate 
     matter emissions in such area, including diesel retrofits.
       ``(2) Construction equipment and vehicles.--In order to 
     meet the requirements of paragraph (1), a State or 
     metropolitan planning organization may elect to obligate 
     funds to install diesel emission control technology on 
     nonroad diesel equipment or on-road diesel equipment that is 
     operated on a highway construction project within a PM2.5 
     nonattainment or maintenance area.
       ``(l) Performance Plan.--
       ``(1) In general.--Each metropolitan planning organization 
     serving a transportation management area (as defined in 
     section 134) with a population over 1,000,000 people 
     representing a nonattainment or maintenance area shall 
     develop a performance plan that--
       ``(A) includes an area baseline level for traffic 
     congestion and on-road mobile source emissions for which the 
     area is in nonattainment or maintenance;
       ``(B) describes progress made in achieving the performance 
     targets described in section 150(d); and
       ``(C) includes a description of projects identified for 
     funding under this section and how such projects will 
     contribute to achieving emission and traffic congestion 
     reduction targets.
       ``(2) Updated plans.--Performance plans shall be updated 
     biennially and include a separate report that assesses the 
     progress of the program of projects under the previous plan 
     in achieving the air quality and traffic congestion targets 
     of the previous plan.
       ``(m) Operating Assistance.--A State may obligate funds 
     apportioned under section 104(b)(2) in an area of such State 
     that is otherwise eligible for obligations of such funds for 
     operating costs under chapter 53 of title 49 or on a system 
     that was previously eligible under this section.''.
       (c) Air Quality and Congestion Mitigation Measure Outcomes 
     Assessment Study.--
       (1) In general.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     examine the outcomes of actions funded under the congestion 
     mitigation and air quality improvement program since the date 
     of enactment of the SAFETEA-LU (Public Law 109-59).
       (2) Goals.--The goals of the program shall include--
       (A) the assessment and documentation, through outcomes 
     research conducted on a representative sample of cases, of--
       (i) the emission reductions achieved by federally supported 
     surface transportation actions intended to reduce emissions 
     or lessen traffic congestion; and
       (ii) the air quality and human health impacts of those 
     actions, including potential unrecognized or indirect 
     consequences, attributable to those actions;
       (B) an expanded base of empirical evidence on the air 
     quality and human health impacts of actions described in 
     paragraph (1); and
       (C) an increase in knowledge of--
       (i) the factors determining the air quality and human 
     health changes associated with transportation emission 
     reduction actions; and
       (ii) other information to more accurately understand the 
     validity of current estimation and modeling routines and ways 
     to improve those routines.
       (3) Administrative elements.--To carry out this subsection, 
     the Secretary shall--
       (A) make a grant for the coordination, selection, 
     management, and reporting of component studies to an 
     independent scientific research organization with the 
     necessary experience in successfully conducting 
     accountability and other studies on mobile source air 
     pollutants and associated health effects;
       (B) ensure that case studies are identified and conducted 
     by teams selected through a competitive solicitation overseen 
     by an independent committee of unbiased experts; and
       (C) ensure that all findings and reports are peer-reviewed 
     and published in a form that presents the findings together 
     with reviewer comments.
       (4) Report.--The Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives--
       (A) not later than 1 year after the date of enactment of 
     the MAP-21, and for the following year, a report providing an 
     initial scoping and plan, and status updates, respectively, 
     for the program under this subsection; and
       (B) not later than 2 years after the date of enactment of 
     the MAP-21, a final report that describes the findings of, 
     and recommendations resulting from, the program under this 
     subsection.
       (5) Funding.--Of the amounts made available to carry out 
     section 104(a) for fiscal year 2013, the Secretary shall make 
     available to carry out this subsection not more than 
     $1,000,000.

     SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

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

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

       ``(a) Division of Funds.--Of funds made available in a 
     fiscal year for the territorial and Puerto Rico highway 
     program--
       ``(1) $150,000,000 shall be for the Puerto Rico highway 
     program under subsection (b); and
       ``(2) $40,000,000 shall be for the territorial highway 
     program under subsection (c).
       ``(b) Puerto Rico Highway Program.--
       ``(1) In general.--The Secretary shall allocate funds made 
     available to carry out this subsection to the Commonwealth of 
     Puerto Rico to carry out a highway program in the 
     Commonwealth.
       ``(2) Treatment of funds.--Amounts made available to carry 
     out this subsection for a fiscal year shall be administered 
     as follows:
       ``(A) Apportionment.--
       ``(i) In general.--For the purpose of imposing any penalty 
     under this title or title 49, the amounts shall be treated as 
     being apportioned to Puerto Rico under sections 104(b) and 
     144 (as in effect for fiscal year 1997) for each program 
     funded under those sections in an amount determined by 
     multiplying--

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

       ``(aa) the amount of funds apportioned to Puerto Rico for 
     each such program for fiscal year 1997; bears to
       ``(bb) the total amount of funds apportioned to Puerto Rico 
     for all such programs for fiscal year 1997.
       ``(ii) Exception.--Funds identified under clause (i) as 
     having been apportioned for the national highway system, the 
     surface transportation program, and the Interstate 
     maintenance program shall be deemed to have been apportioned 
     50 percent for the national highway performance program and 
     50 percent for the surface transportation program for 
     purposes of imposing such penalties.
       ``(B) Penalty.--The amounts treated as being apportioned to 
     Puerto Rico under each section referred to in subparagraph 
     (A) shall be deemed to be required to be apportioned to 
     Puerto Rico under that section for purposes of the imposition 
     of any penalty under this title or title 49.
       ``(C) Eligible uses of funds.--Of amounts allocated to 
     Puerto Rico for the Puerto Rico Highway Program for a fiscal 
     year--
       ``(i) at least 50 percent shall be available only for 
     purposes eligible under section 119;
       ``(ii) at least 25 percent shall be available only for 
     purposes eligible under section 148; and
       ``(iii) any remaining funds may be obligated for activities 
     eligible under chapter 1.
       ``(3) Effect on apportionments.--Except as otherwise 
     specifically provided, Puerto Rico shall not be eligible to 
     receive funds apportioned to States under this title.
       ``(c) Territorial Highway Program.--
       ``(1) Territory defined.--In this subsection, the term 
     `territory' means any of the following territories of the 
     United States:
       ``(A) American Samoa.
       ``(B) The Commonwealth of the Northern Mariana Islands.
       ``(C) Guam.
       ``(D) The United States Virgin Islands.
       ``(2) Program.--
       ``(A) In general.--Recognizing the mutual benefits that 
     will accrue to the territories and the United States from the 
     improvement of highways in the territories, the Secretary may 
     carry out a program to assist each government of a

[[Page H4449]]

     territory in the construction and improvement of a system of 
     arterial and collector highways, and necessary inter-island 
     connectors, that is--
       ``(i) designated by the Governor or chief executive officer 
     of each territory; and
       ``(ii) approved by the Secretary.
       ``(B) Federal share.--The Federal share of Federal 
     financial assistance provided to territories under this 
     subsection shall be in accordance with section 120(g).
       ``(3) Technical assistance.--
       ``(A) In general.--To continue a long-range highway 
     development program, the Secretary may provide technical 
     assistance to the governments of the territories to enable 
     the territories, on a continuing basis--
       ``(i) to engage in highway planning;
       ``(ii) to conduct environmental evaluations;
       ``(iii) to administer right-of-way acquisition and 
     relocation assistance programs; and
       ``(iv) to design, construct, operate, and maintain a system 
     of arterial and collector highways, including necessary 
     inter-island connectors.
       ``(B) Form and terms of assistance.--Technical assistance 
     provided under subparagraph (A), and the terms for the 
     sharing of information among territories receiving the 
     technical assistance, shall be included in the agreement 
     required by paragraph (5).
       ``(4) Nonapplicability of certain provisions.--
       ``(A) In general.--Except to the extent that provisions of 
     this chapter are determined by the Secretary to be 
     inconsistent with the needs of the territories and the intent 
     of this subsection, this chapter (other than provisions of 
     this chapter relating to the apportionment and allocation of 
     funds) shall apply to funds made available under this 
     subsection.
       ``(B) Applicable provisions.--The agreement required by 
     paragraph (5) for each territory shall identify the sections 
     of this chapter that are applicable to that territory and the 
     extent of the applicability of those sections.
       ``(5) Agreement.--
       ``(A) In general.--Except as provided in subparagraph (D), 
     none of the funds made available under this subsection shall 
     be available for obligation or expenditure with respect to 
     any territory until the chief executive officer of the 
     territory has entered into an agreement (including an 
     agreement entered into under section 215 as in effect on the 
     day before the enactment of this section) with the Secretary 
     providing that the government of the territory shall--
       ``(i) implement the program in accordance with applicable 
     provisions of this chapter and paragraph (4);
       ``(ii) design and construct a system of arterial and 
     collector highways, including necessary inter-island 
     connectors, in accordance with standards that are--

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

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

``165. Territorial and Puerto Rico highway program.''.
       (2) Territorial highway program.--
       (A) Repeal.--Section 215 of title 23, United States Code, 
     is repealed.
       (B) Technical and conforming amendment.--The analysis for 
     chapter 2 of title 23, United States Code, is amended by 
     striking the item relating to section 215.
       (C) Duncan hunter national defense authorization act for 
     fiscal year 2009.--Section 3512(e) of the Duncan Hunter 
     National Defense Authorization Act for Fiscal Year 2009 (48 
     U.S.C. 1421r(e)) is amended by striking ``section 215'' and 
     inserting ``section 165''.

     SEC. 1115. NATIONAL FREIGHT POLICY.

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

     ``Sec. 167. National freight policy

       ``(a) In General.--It is the policy of the United States to 
     improve the condition and performance of the national freight 
     network to ensure that the national freight network provides 
     the foundation for the United States to compete in the global 
     economy and achieve each goal described in subsection (b).
       ``(b) Goals.--The goals of the national freight policy 
     are--
       ``(1) to invest in infrastructure improvements and to 
     implement operational improvements that--
       ``(A) strengthen the contribution of the national freight 
     network to the economic competitiveness of the United States;
       ``(B) reduce congestion; and
       ``(C) increase productivity, particularly for domestic 
     industries and businesses that create high-value jobs;
       ``(2) to improve the safety, security, and resilience of 
     freight transportation;
       ``(3) to improve the state of good repair of the national 
     freight network;
       ``(4) to use advanced technology to improve the safety and 
     efficiency of the national freight network;
       ``(5) to incorporate concepts of performance, innovation, 
     competition, and accountability into the operation and 
     maintenance of the national freight network; and
       ``(6) to improve the economic efficiency of the national 
     freight network.
       ``(7) to reduce the environmental impacts of freight 
     movement on the national freight network;
       ``(c) Establishment of a National Freight Network.--
       ``(1) In general.--The Secretary shall establish a national 
     freight network in accordance with this section to assist 
     States in strategically directing resources toward improved 
     system performance for efficient movement of freight on 
     highways, including national highway system, freight 
     intermodal connectors and aerotropolis transportation 
     systems.
       ``(2) Network components.--The national freight network 
     shall consist of--
       ``(A) the primary freight network, as designated by the 
     Secretary under subsection (d) (referred to in this section 
     as the `primary freight network') as most critical to the 
     movement of freight;
       ``(B) the portions of the Interstate System not designated 
     as part of the primary freight network; and
       ``(C) critical rural freight corridors established under 
     subsection (e).
       ``(d) Designation of Primary Freight Network.--
       ``(1) Initial designation of primary freight network.--
       ``(A) Designation.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall designate a 
     primary freight network--
       ``(i) based on an inventory of national freight volume 
     conducted by the Administrator of the Federal Highway 
     Administration, in consultation with stakeholders, including 
     system users, transport providers, and States; and
       ``(ii) that shall be comprised of not more than 27,000 
     centerline miles of existing roadways that are most critical 
     to the movement of freight.
       ``(B) Factors for designation.--In designating the primary 
     freight network, the Secretary shall consider--
       ``(i) the origins and destinations of freight movement in 
     the United States;
       ``(ii) the total freight tonnage and value of freight moved 
     by highways;
       ``(iii) the percentage of annual average daily truck 
     traffic in the annual average daily traffic on principal 
     arterials;
       ``(iv) the annual average daily truck traffic on principal 
     arterials;
       ``(v) land and maritime ports of entry;
       ``(vi) access to energy exploration, development, 
     installation, or production areas;
       ``(vii) population centers; and
       ``(viii) network connectivity.
       ``(2) Additional miles on primary freight network.--In 
     addition to the miles initially designated under paragraph 
     (1), the Secretary may increase the number of miles 
     designated as part of the primary freight network by not more 
     than 3,000 additional centerline miles of roadways (which may 
     include existing or planned roads) critical to future 
     efficient movement of goods on the primary freight network.
       ``(3) Redesignation of primary freight network.--Effective 
     beginning 10 years after the designation of the primary 
     freight network and every 10 years thereafter, using the 
     designation factors described in paragraph (1), the Secretary 
     shall redesignate the primary freight network (including 
     additional mileage described in paragraph (2)).
       ``(e) Critical Rural Freight Corridors.--A State may 
     designate a road within the borders of the State as a 
     critical rural freight corridor if the road--

[[Page H4450]]

       ``(1) is a rural principal arterial roadway and has a 
     minimum of 25 percent of the annual average daily traffic of 
     the road measured in passenger vehicle equivalent units from 
     trucks (FHWA vehicle class 8 to 13);
       ``(2) provides access to energy exploration, development, 
     installation, or production areas;
       ``(3) connects the primary freight network, a roadway 
     described in paragraph (1) or (2), or Interstate System to 
     facilities that handle more than--
       ``(A) 50,000 20-foot equivalent units per year; or
       ``(B) 500,000 tons per year of bulk commodities.
       ``(f) National Freight Strategic Plan.--
       ``(1) Initial development of national freight strategic 
     plan.--Not later than 3 years after the date of enactment of 
     this section, the Secretary shall, in consultation with State 
     departments of transportation and other appropriate public 
     and private transportation stakeholders, develop and post on 
     the Department of Transportation public website a national 
     freight strategic plan that shall include--
       ``(A) an assessment of the condition and performance of the 
     national freight network;
       ``(B) an identification of highway bottlenecks on the 
     national freight network that create significant freight 
     congestion problems, based on a quantitative methodology 
     developed by the Secretary, which shall, at a minimum, 
     include--
       ``(i) information from the Freight Analysis Network of the 
     Federal Highway Administration; and
       ``(ii) to the maximum extent practicable, an estimate of 
     the cost of addressing each bottleneck and any operational 
     improvements that could be implemented;
       ``(C) forecasts of freight volumes for the 20-year period 
     beginning in the year during which the plan is issued;
       ``(D) an identification of major trade gateways and 
     national freight corridors that connect major population 
     centers, trade gateways, and other major freight generators 
     for current and forecasted traffic and freight volumes, the 
     identification of which shall be revised, as appropriate, in 
     subsequent plans;
       ``(E) an assessment of statutory, regulatory, 
     technological, institutional, financial, and other barriers 
     to improved freight transportation performance (including 
     opportunities for overcoming the barriers);
       ``(F) an identification of routes providing access to 
     energy exploration, development, installation, or production 
     areas;
       ``(G) best practices for improving the performance of the 
     national freight network;
       ``(H) best practices to mitigate the impacts of freight 
     movement on communities;
       ``(I) a process for addressing multistate projects and 
     encouraging jurisdictions to collaborate; and
       ``(J) strategies to improve freight intermodal 
     connectivity.
       ``(2) Updates to national freight strategic plan.--Not 
     later than 5 years after the date of completion of the first 
     national freight strategic plan under paragraph (1), and 
     every 5 years thereafter, the Secretary shall update and 
     repost on the Department of Transportation public website a 
     revised national freight strategic plan.
       ``(g) Freight Transportation Conditions and Performance 
     Reports.--Not later than 2 years after the date of enactment 
     of this section, and biennially thereafter, the Secretary 
     shall prepare a report that contains a description of the 
     conditions and performance of the national freight network in 
     the United States.
       ``(h) Transportation Investment Data and Planning Tools.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall--
       ``(A) begin development of new tools and improvement of 
     existing tools or improve existing tools to support an 
     outcome-oriented, performance-based approach to evaluate 
     proposed freight-related and other transportation projects, 
     including--
       ``(i) methodologies for systematic analysis of benefits and 
     costs;
       ``(ii) tools for ensuring that the evaluation of freight-
     related and other transportation projects could consider 
     safety, economic competitiveness, environmental 
     sustainability, and system condition in the project selection 
     process; and
       ``(iii) other elements to assist in effective 
     transportation planning;
       ``(B) identify transportation-related model data elements 
     to support a broad range of evaluation methods and techniques 
     to assist in making transportation investment decisions; and
       ``(C) at a minimum, in consultation with other relevant 
     Federal agencies, consider any improvements to existing 
     freight flow data collection efforts that could reduce 
     identified freight data gaps and deficiencies and help 
     improve forecasts of freight transportation demand.
       ``(2) Consultation.--The Secretary shall consult with 
     Federal, State, and other stakeholders to develop, improve, 
     and implement the tools and collect the data in paragraph 
     (1).
       ``(i) Definition of Aerotropolis Transportation System.--In 
     this section, the term `aerotropolis transportation system' 
     means a planned and coordinated multimodal freight and 
     passenger transportation network that, as determined by the 
     Secretary, provides efficient, cost-effective, sustainable, 
     and intermodal connectivity to a defined region of economic 
     significance centered around a major airport.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by adding at the end 
     the following:

``167. National freight program.''.

     SEC. 1116. PRIORITIZATION OF PROJECTS TO IMPROVE FREIGHT 
                   MOVEMENT.

       (a) In General.--Notwithstanding section 120 of title 23, 
     United States Code, the Secretary may increase the Federal 
     share payable for any project to 95 percent for projects on 
     the Interstate System and 90 percent for any other project if 
     the Secretary certifies that the project meets the 
     requirements of this section.
       (b) Increased Funding.--To be eligible for the increased 
     Federal funding share under this section, a project shall--
       (1) demonstrate the improvement made by the project to the 
     efficient movement of freight, including making progress 
     towards meeting performance targets for freight movement 
     established under section 150(d) of title 23, United States 
     Code; and
       (2) be identified in a State freight plan developed 
     pursuant to section 1118.
       (c) Eligible Projects.--Eligible projects to improve the 
     movement of freight under this section may include, but are 
     not limited to--
       (1) construction, reconstruction, rehabilitation, and 
     operational improvements directly relating to improving 
     freight movement;
       (2) intelligent transportation systems and other technology 
     to improve the flow of freight;
       (3) efforts to reduce the environmental impacts of freight 
     movement on the primary freight network;
       (4) railway-highway grade separation;
       (5) geometric improvements to interchanges and ramps.
       (6) truck-only lanes;
       (7) climbing and runaway truck lanes;
       (8) truck parking facilities eligible for funding under 
     section 1401;
       (9) real-time traffic, truck parking, roadway condition, 
     and multimodal transportation information systems;
       (10) improvements to freight intermodal connectors; and
       (11) improvements to truck bottlenecks.

     SEC. 1117. STATE FREIGHT ADVISORY COMMITTEES.

       (a) In General.--The Secretary shall encourage each State 
     to establish a freight advisory committee consisting of a 
     representative cross-section of public and private sector 
     freight stakeholders, including representatives of ports, 
     shippers, carriers, freight-related associations, the freight 
     industry workforce, the transportation department of the 
     State, and local governments.
       (b) Role of Committee.--A freight advisory committee of a 
     State described in subsection (a) shall--
       (1) advise the State on freight-related priorities, issues, 
     projects, and funding needs;
       (2) serve as a forum for discussion for State 
     transportation decisions affecting freight mobility;
       (3) communicate and coordinate regional priorities with 
     other organizations;
       (4) promote the sharing of information between the private 
     and public sectors on freight issues; and
       (5) participate in the development of the freight plan of 
     the State described in section 1118.

     SEC. 1118. STATE FREIGHT PLANS.

       (a) In General.--The Secretary shall encourage each State 
     to develop a freight plan that provides a comprehensive plan 
     for the immediate and long-range planning activities and 
     investments of the State with respect to freight.
       (b) Plan Contents.--A freight plan described in subsection 
     (a) shall include, at a minimum--
       (1) an identification of significant freight system trends, 
     needs, and issues with respect to the State;
       (2) a description of the freight policies, strategies, and 
     performance measures that will guide the freight-related 
     transportation investment decisions of the State;
       (3) a description of how the plan will improve the ability 
     of the State to meet the national freight goals established 
     under section 167 of title 23, United States Code;
       (4) evidence of consideration of innovative technologies 
     and operational strategies, including intelligent 
     transportation systems, that improve the safety and 
     efficiency of freight movement;
       (5) in the case of routes on which travel by heavy vehicles 
     (including mining, agricultural, energy cargo or equipment, 
     and timber vehicles) is projected to substantially 
     deteriorate the condition of roadways, a description of 
     improvements that may be required to reduce or impede the 
     deterioration; and
       (6) an inventory of facilities with freight mobility 
     issues, such as truck bottlenecks, within the State, and a 
     description of the strategies the State is employing to 
     address those freight mobility issues.
       (c) Relationship to Long-range Plan.--A freight plan 
     described in subsection (a) may be developed separate from or 
     incorporated into the statewide strategic long-range 
     transportation plan required by section 135 of title 23, 
     United States Code.

     SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

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

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

       ``(a) Purpose.--Recognizing the need for all public Federal 
     and tribal transportation facilities to be treated under 
     uniform policies similar to the policies that apply to 
     Federal-aid highways and other public transportation 
     facilities, the Secretary of Transportation, in collaboration 
     with the Secretaries of the appropriate Federal land 
     management agencies, shall coordinate a uniform policy for 
     all public Federal and tribal transportation facilities that 
     shall apply to Federal lands transportation facilities, 
     tribal transportation facilities, and Federal lands access 
     transportation facilities.
       ``(b) Availability of Funds.--
       ``(1) Availability.--Funds authorized for the tribal 
     transportation program, the Federal lands

[[Page H4451]]

     transportation program, and the Federal lands access program 
     shall be available for contract upon apportionment, or on 
     October 1 of the fiscal year for which the funds were 
     authorized if no apportionment is required.
       ``(2) Amount remaining.--Any amount remaining unexpended 
     for a period of 3 years after the close of the fiscal year 
     for which the funds were authorized shall lapse.
       ``(3) Obligations.--The Secretary of the department 
     responsible for the administration of funds under this 
     subsection may incur obligations, approve projects, and enter 
     into contracts under such authorizations, which shall be 
     considered to be contractual obligations of the United States 
     for the payment of the cost thereof, the funds of which shall 
     be considered to have been expended when obligated.
       ``(4) Expenditure.--
       ``(A) In general.--Any funds authorized for any fiscal year 
     after the date of enactment of this section under the Federal 
     lands transportation program, the Federal lands access 
     program, and the tribal transportation program shall be 
     considered to have been expended if a sum equal to the total 
     of the sums authorized for the fiscal year and previous 
     fiscal years have been obligated.
       ``(B) Credited funds.--Any funds described in subparagraph 
     (A) that are released by payment of final voucher or 
     modification of project authorizations shall be--
       ``(i) credited to the balance of unobligated 
     authorizations; and
       ``(ii) immediately available for expenditure.
       ``(5) Applicability.--This section shall not apply to funds 
     authorized before the date of enactment of this paragraph.
       ``(6) Contractual obligation.--
       ``(A) In general.--Notwithstanding any other provision of 
     law (including regulations), the authorization by the 
     Secretary, or the Secretary of the appropriate Federal land 
     management agency if the agency is the contracting office, of 
     engineering and related work for the development, design, and 
     acquisition associated with a construction project, whether 
     performed by contract or agreement authorized by law, or the 
     approval by the Secretary of plans, specifications, and 
     estimates for construction of a project, shall be considered 
     to constitute a contractual obligation of the Federal 
     Government to pay the total eligible cost of--
       ``(i) any project funded under this title; and
       ``(ii) any project funded pursuant to agreements authorized 
     by this title or any other title.
       ``(B) Effect.--Nothing in this paragraph--
       ``(i) affects the application of the Federal share 
     associated with the project being undertaken under this 
     section; or
       ``(ii) modifies the point of obligation associated with 
     Federal salaries and expenses.
       ``(7) Federal share.--
       ``(A) Tribal and federal lands transportation program.--The 
     Federal share of the cost of a project carried out under the 
     Federal lands transportation program or the tribal 
     transportation program shall be 100 percent.
       ``(B) Federal lands access program.--The Federal share of 
     the cost of a project carried out under the Federal lands 
     access program shall be determined in accordance with section 
     120.
       ``(c) Transportation Planning.--
       ``(1) Transportation planning procedures.--In consultation 
     with the Secretary of each appropriate Federal land 
     management agency, the Secretary shall implement 
     transportation planning procedures for Federal lands and 
     tribal transportation facilities that are consistent with the 
     planning processes required under sections 134 and 135.
       ``(2) Approval of transportation improvement program.--The 
     transportation improvement program developed as a part of the 
     transportation planning process under this section shall be 
     approved by the Secretary.
       ``(3) Inclusion in other plans.--Each regionally 
     significant tribal transportation program, Federal lands 
     transportation program, and Federal lands access program 
     project shall be--
       ``(A) developed in cooperation with State and metropolitan 
     planning organizations; and
       ``(B) included in appropriate tribal transportation program 
     plans, Federal lands transportation program plans, Federal 
     lands access program plans, State and metropolitan plans, and 
     transportation improvement programs.
       ``(4) Inclusion in state programs.--The approved tribal 
     transportation program, Federal lands transportation program, 
     and Federal lands access program transportation improvement 
     programs shall be included in appropriate State and 
     metropolitan planning organization plans and programs without 
     further action on the transportation improvement program.
       ``(5) Asset management.--The Secretary and the Secretary of 
     each appropriate Federal land management agency shall, to the 
     extent appropriate, implement safety, bridge, pavement, and 
     congestion management systems for facilities funded under the 
     tribal transportation program and the Federal lands 
     transportation program in support of asset management.
       ``(6) Data collection.--
       ``(A) Data collection.--The Secretaries of the appropriate 
     Federal land management agencies shall collect and report 
     data necessary to implement the Federal lands transportation 
     program, the Federal lands access program, and the tribal 
     transportation program in accordance with the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.), including--
       ``(i) inventory and condition information on Federal lands 
     transportation facilities and tribal transportation 
     facilities; and
       ``(ii) bridge inspection and inventory information on any 
     Federal bridge open to the public.
       ``(B) Standards.--The Secretary, in coordination with the 
     Secretaries of the appropriate Federal land management 
     agencies, shall define the collection and reporting data 
     standards.
       ``(7) Administrative expenses.--To implement the activities 
     described in this subsection, including direct support of 
     transportation planning activities among Federal land 
     management agencies, the Secretary may use not more than 5 
     percent for each fiscal year of the funds authorized for 
     programs under sections 203 and 204.
       ``(d) Reimbursable Agreements.--In carrying out work under 
     reimbursable agreements with any State, local, or tribal 
     government under this title, the Secretary--
       ``(1) may, without regard to any other provision of law 
     (including regulations), record obligations against accounts 
     receivable from the entity; and
       ``(2) shall credit amounts received from the entity to the 
     appropriate account, which shall occur not later than 90 days 
     after the date of the original request by the Secretary for 
     payment.
       ``(e) Transfers.--
       ``(1) In general.--To enable the efficient use of funds 
     made available for the Federal lands transportation program 
     and the Federal lands access program, the funds may be 
     transferred by the Secretary within and between each program 
     with the concurrence of, as appropriate--
       ``(A) the Secretary;
       ``(B) the affected Secretaries of the respective Federal 
     land management agencies;
       ``(C) State departments of transportation; and
       ``(D) local government agencies.
       ``(2) Credit.--The funds described in paragraph (1) shall 
     be credited back to the loaning entity with funds that are 
     currently available for obligation at the time of the credit.

     ``Sec. 202. Tribal transportation program

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

[[Page H4452]]

       ``(ii) Secretary of the interior.--The Secretary of the 
     Interior shall ensure that funding made available under this 
     subsection for maintenance of tribal transportation 
     facilities for each fiscal year is supplementary to, and not 
     in lieu of, any obligation of funds by the Bureau of Indian 
     Affairs for road maintenance programs on Indian reservations.
       ``(C) Tribal-state road maintenance agreements.--
       ``(i) In general.--An Indian tribe and a State may enter 
     into a road maintenance agreement under which an Indian tribe 
     shall assume the responsibility of the State for--

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

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

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

       ``(9) Cooperation.--
       ``(A) In general.--The cooperation of States, counties, or 
     other local subdivisions may be accepted in construction and 
     improvement.
       ``(B) Funds received.--Any funds received from a State, 
     county, or local subdivision shall be credited to 
     appropriations available for the tribal transportation 
     program.
       ``(10) Competitive bidding.--
       ``(A) Construction.--
       ``(i) In general.--Subject to clause (ii) and subparagraph 
     (B), construction of each project shall be performed by 
     contract awarded by competitive bidding.
       ``(ii) Exception.--Clause (i) shall not apply if the 
     Secretary or the Secretary of the Interior affirmatively 
     finds that, under the circumstances relating to the project, 
     a different method is in the public interest.
       ``(B) Applicability.--Notwithstanding subparagraph (A), 
     section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and 
     section 7(b) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds 
     administered by the Secretary of the Interior that are 
     appropriated for the construction and improvement of tribal 
     transportation facilities.
       ``(b) Funds Distribution.--
       ``(1) National tribal transportation facility inventory.--
       ``(A) In general.--The Secretary of the Interior, in 
     cooperation with the Secretary, shall maintain a 
     comprehensive national inventory of tribal transportation 
     facilities that are eligible for assistance under the tribal 
     transportation program.
       ``(B) Transportation facilities included in the 
     inventory.--For purposes of identifying the tribal 
     transportation system and determining the relative 
     transportation needs among Indian tribes, the Secretary shall 
     include, at a minimum, transportation facilities that are 
     eligible for assistance under the tribal transportation 
     program that an Indian tribe has requested, including 
     facilities that--
       ``(i) were included in the Bureau of Indian Affairs system 
     inventory prior to October 1, 2004;
       ``(ii) are owned by an Indian tribal government;
       ``(iii) are owned by the Bureau of Indian Affairs;
       ``(iv) were constructed or reconstructed with funds from 
     the Highway Trust Fund under the Indian reservation roads 
     program since 1983;
       ``(v) are public roads or bridges within the exterior 
     boundary of Indian reservations, Alaska Native villages, and 
     other recognized Indian communities (including communities in 
     former Indian reservations in the State of Oklahoma) in which 
     the majority of residents are American Indians or Alaska 
     Natives;
       ``(vi) are public roads within or providing access to an 
     Indian reservation or Indian trust land or restricted Indian 
     land that is not subject to fee title alienation without the 
     approval of the Federal Government, or Indian or Alaska 
     Native villages, groups, or communities in which Indians and 
     Alaska Natives reside, whom the Secretary of the Interior has 
     determined are eligible for services generally available to 
     Indians under Federal laws specifically applicable to 
     Indians; or
       ``(vii) are primary access routes proposed by tribal 
     governments, including roads between villages, roads to 
     landfills, roads to drinking water sources, roads to natural 
     resources identified for economic development, and roads that 
     provide access to intermodal terminals, such as airports, 
     harbors, or boat landings.
       ``(C) Limitation on primary access routes.--For purposes of 
     this paragraph, a proposed primary access route is the 
     shortest practicable route connecting 2 points of the 
     proposed route.
       ``(D) Additional facilities.--Nothing in this paragraph 
     precludes the Secretary from including additional 
     transportation facilities that are eligible for funding under 
     the tribal transportation program in the inventory used for 
     the national funding allocation if such additional facilities 
     are included in the inventory in a uniform and consistent 
     manner nationally.
       ``(E) Bridges.--All bridges in the inventory shall be 
     recorded in the national bridge inventory administered by the 
     Secretary under section 144.
       ``(2) Regulations.--Notwithstanding sections 563(a) and 
     565(a) of title 5, the Secretary of the Interior shall 
     maintain any regulations governing the tribal transportation 
     program.
       ``(3) Basis for funding formula.--
       ``(A) Basis.--
       ``(i) In general.--After making the set asides authorized 
     under subparagraph (C) and subsections (c), (d), and (e) on 
     October 1 of each fiscal year, the Secretary shall distribute 
     the remainder authorized to be appropriated for the tribal 
     transportation program under this section among Indian tribes 
     as follows:

       ``(I) For fiscal year 2013--

       ``(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 2014--

       ``(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 2015--

       ``(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 2016 and thereafter--

       ``(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).
       ``(ii) Tribal high priority projects.--The High Priority 
     Projects program as included in the Tribal Transportation 
     Allocation Methodology of part 170 of title 25, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     the MAP-21), shall not continue in effect.
       ``(B) Tribal shares.--Tribal shares under this program 
     shall be determined using the national tribal transportation 
     facility inventory as calculated for fiscal year 2012, and 
     the most recent data on American Indian and Alaska Native 
     population within each Indian tribe's American Indian/Alaska 
     Native Reservation or Statistical Area, as computed under the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4101 et seq.), in the following manner:
       ``(i) 27 percent in the ratio that the total eligible road 
     mileage in each tribe bears to the total eligible road 
     mileage of all American Indians and Alaskan Natives. For the 
     purposes of this calculation, eligible road mileage shall be 
     computed based on the inventory described in paragraph (1), 
     using only facilities included in the inventory described in 
     clause (i), (ii), or (iii) of paragraph (1)(B).
       ``(ii) 39 percent in the ratio that the total population in 
     each tribe bears to the total population of all American 
     Indians and Alaskan Natives.
       ``(iii) 34 percent shall be divided equally among each 
     Bureau of Indian Affairs region. Within each region, such 
     share of funds shall be distributed to each Indian tribe in 
     the ratio that the average total relative need distribution 
     factors and population adjustment factors from fiscal years 
     2005 through 2011 for a tribe bears to the average total of 
     relative need distribution factors and population adjustment 
     factors for fiscal years 2005 through 2011 in that region.
       ``(C) Tribal supplemental funding.--
       ``(i) Tribal supplemental funding amount.--Of funds made 
     available for each fiscal year for the tribal transportation 
     program, the Secretary shall set aside the following amount 
     for a tribal supplemental program:

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

       ``(aa) $82,500,000; plus
       ``(bb) 12.5 percent of the amount made available for the 
     tribal transportation program in excess of $275,000,000.
       ``(ii) Tribal supplemental allocation.--The Secretary shall 
     distribute tribal supplemental funds as follows:

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

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

[[Page H4453]]

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

       ``(4) Transferred funds.--
       ``(A) In general.--Not later than 30 days after the date on 
     which funds are made available to the Secretary of the 
     Interior under this paragraph, the funds shall be distributed 
     to, and made available for immediate use by, eligible Indian 
     tribes, in accordance with the formula for distribution of 
     funds under the tribal transportation program.
       ``(B) Use of funds.--Notwithstanding any other provision of 
     this section, funds made available to Indian tribes for 
     tribal transportation facilities shall be expended on 
     projects identified in a transportation improvement program 
     approved by the Secretary.
       ``(5) Health and safety assurances.--Notwithstanding any 
     other provision of law, an Indian tribal government may 
     approve plans, specifications, and estimates and commence 
     road and bridge construction with funds made available from 
     the tribal transportation program through a contract or 
     agreement under Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), if the Indian tribal 
     government--
       ``(A) provides assurances in the contract or agreement that 
     the construction will meet or exceed applicable health and 
     safety standards;
       ``(B) obtains the advance review of the plans and 
     specifications from a State-licensed civil engineer that has 
     certified that the plans and specifications meet or exceed 
     the applicable health and safety standards; and
       ``(C) provides a copy of the certification under 
     subparagraph (A) to the Deputy Assistant Secretary for Tribal 
     Government Affairs, Department of Transportation, or the 
     Assistant Secretary for Indian Affairs, Department of the 
     Interior, as appropriate.
       ``(6) Contracts and agreements with indian tribes.--
       ``(A) In general.--Notwithstanding any other provision of 
     law or any interagency agreement, program guideline, manual, 
     or policy directive, all funds made available through the 
     Secretary of the Interior under this chapter and section 
     125(e) for tribal transportation facilities to pay for the 
     costs of programs, services, functions, and activities, or 
     portions of programs, services, functions, or activities, 
     that are specifically or functionally related to the cost of 
     planning, research, engineering, and construction of any 
     tribal transportation facility shall be made available, upon 
     request of the Indian tribal government, to the Indian tribal 
     government for contracts and agreements for such planning, 
     research, engineering, and construction in accordance with 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.).
       ``(B) Exclusion of agency participation.--All funds, 
     including contract support costs, for programs, functions, 
     services, or activities, or portions of programs, services, 
     functions, or activities, including supportive administrative 
     functions that are otherwise contractible to which 
     subparagraph (A) applies, shall be paid in accordance with 
     subparagraph (A), without regard to the organizational level 
     at which the Department of the Interior has previously 
     carried out such programs, functions, services, or 
     activities.
       ``(7) Contracts and agreements with indian tribes.--
       ``(A) In general.--Notwithstanding any other provision of 
     law or any interagency agreement, program guideline, manual, 
     or policy directive, all funds made available to an Indian 
     tribal government under this chapter for a tribal 
     transportation facility program or project shall be made 
     available, on the request of the Indian tribal government, to 
     the Indian tribal government for use in carrying out, in 
     accordance with the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.), contracts and 
     agreements for the planning, research, design, engineering, 
     construction, and maintenance relating to the program or 
     project.
       ``(B) Exclusion of agency participation.--In accordance 
     with subparagraph (A), all funds, including contract support 
     costs, for a program or project to which subparagraph (A) 
     applies shall be paid to the Indian tribal government without 
     regard to the organizational level at which the Department of 
     the Interior has previously carried out, or the Department of 
     Transportation has previously carried out under the tribal 
     transportation program, the programs, functions, services, or 
     activities involved.
       ``(C) Consortia.--Two or more Indian tribes that are 
     otherwise eligible to participate in a program or project to 
     which this chapter applies may form a consortium to be 
     considered as a single Indian tribe for the purpose of 
     participating in the project under this section.
       ``(D) Secretary as signatory.--Notwithstanding any other 
     provision of law, the Secretary is authorized to enter into a 
     funding agreement with an Indian tribal government to carry 
     out a tribal transportation facility program or project under 
     subparagraph (A) that is located on an Indian reservation or 
     provides access to the reservation or a community of the 
     Indian tribe.
       ``(E) Funding.--The amount an Indian tribal government 
     receives for a program or project under subparagraph (A) 
     shall equal the sum of the funding that the Indian tribal 
     government would otherwise receive for the program or project 
     in accordance with the funding formula established under this 
     subsection and such additional amounts as the Secretary 
     determines equal the amounts that would have been withheld 
     for the costs of the Bureau of Indian Affairs for 
     administration of the program or project.
       ``(F) Eligibility.--
       ``(i) In general.--Subject to clause (ii) and the approval 
     of the Secretary, funds may be made available under 
     subparagraph (A) to an Indian tribal government for a program 
     or project in a fiscal year only if the Indian tribal 
     government requesting such funds demonstrates to the 
     satisfaction of the Secretary financial stability and 
     financial management capability during the 3 fiscal years 
     immediately preceding the fiscal year for which the request 
     is being made.
       ``(ii) Considerations.--An Indian tribal government that 
     had no uncorrected significant and material audit exceptions 
     in the required annual audit of the contracts or self-
     governance funding agreements made by the Indian tribe with 
     any Federal agency under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.) during the 
     3-fiscal year period referred in clause (i) shall be 
     conclusive evidence of the financial stability and financial 
     management capability of the Indian tribe for purposes of 
     clause (i).
       ``(G) Assumption of functions and duties.--An Indian tribal 
     government receiving funding under subparagraph (A) for a 
     program or project shall assume all functions and duties that 
     the Secretary of the Interior would have performed with 
     respect to a program or project under this chapter, other 
     than those functions and duties that inherently cannot be 
     legally transferred under the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450 et seq.).
       ``(H) Powers.--An Indian tribal government receiving 
     funding under subparagraph (A) for a program or project shall 
     have all powers that the Secretary of the Interior would have 
     exercised in administering the funds transferred to the 
     Indian tribal government for such program or project under 
     this section if the funds had not been transferred, except to 
     the extent that such powers are powers that inherently cannot 
     be legally transferred under the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).
       ``(I) Dispute resolution.--In the event of a disagreement 
     between the Secretary or the Secretary of the Interior and an 
     Indian tribe over whether a particular function, duty, or 
     power may be lawfully transferred to the Indian tribe under 
     the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.), the Indian tribe shall have the 
     right to pursue all alternative dispute resolution and appeal 
     procedures authorized by that Act, including regulations 
     issued to carry out the Act.
       ``(J) Termination of contract or agreement.--On the date of 
     the termination of a contract or agreement under this section 
     by an Indian tribal government, the Secretary shall transfer 
     all funds that would have been allocated to the Indian tribal 
     government under the contract or agreement to the Secretary 
     of the Interior to provide continued transportation services 
     in accordance with applicable law.
       ``(c) Planning.--
       ``(1) In general.--For each fiscal year, not more than 2 
     percent of the funds made available for the tribal 
     transportation program shall be allocated among Indian tribal 
     governments that apply for transportation planning pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.).
       ``(2) Requirement.--An Indian tribal government, in 
     cooperation with the Secretary of the Interior and, as 
     appropriate, with a State, local government, or metropolitan 
     planning organization, shall carry out a transportation 
     planning process in accordance with section 201(c).
       ``(3) Selection and approval of projects.--A project funded 
     under this section shall be--
       ``(A) selected by the Indian tribal government from the 
     transportation improvement program; and
       ``(B) subject to the approval of the Secretary of the 
     Interior and the Secretary.
       ``(d) Tribal Transportation Facility Bridges.--
       ``(1) Nationwide priority program.--The Secretary shall 
     maintain a nationwide priority program for improving 
     deficient bridges eligible for the tribal transportation 
     program.
       ``(2) Funding.--Before making any distribution under 
     subsection (b), the Secretary shall set aside not more than 2 
     percent of the funds made available under the tribal 
     transportation program for each fiscal year to be allocated--
       ``(A) to carry out any planning, design, engineering, 
     preconstruction, construction, and inspection of a project to 
     replace, rehabilitate, seismically retrofit, paint, apply 
     calcium magnesium acetate, sodium acetate/formate, or other 
     environmentally acceptable, minimally corrosive anti-icing 
     and deicing composition; or
       ``(B) to implement any countermeasure for deficient tribal 
     transportation facility bridges, including multiple-pipe 
     culverts.
       ``(3) Eligible bridges.--To be eligible to receive funding 
     under this subsection, a bridge described in paragraph (1) 
     shall--
       ``(A) have an opening of not less than 20 feet;
       ``(B) be classified as a tribal transportation facility; 
     and
       ``(C) be structurally deficient or functionally obsolete.
       ``(4) Approval requirement.--The Secretary may make funds 
     available under this subsection for preliminary engineering, 
     construction, and

[[Page H4454]]

     construction engineering activities after approval of 
     required documentation and verification of eligibility in 
     accordance with this title.
       ``(e) Safety.--
       ``(1) Funding.--Before making any distribution under 
     subsection (b), the Secretary shall set aside not more than 2 
     percent of the funds made available under the tribal 
     transportation program for each fiscal year to be allocated 
     based on an identification and analysis of highway safety 
     issues and opportunities on tribal land, as determined by the 
     Secretary, on application of the Indian tribal governments 
     for eligible projects described in section 148(a)(4).
       ``(2) Project selection.--An Indian tribal government, in 
     cooperation with the Secretary of the Interior and, as 
     appropriate, with a State, local government, or metropolitan 
     planning organization, shall select projects from the 
     transportation improvement program, subject to the approval 
     of the Secretary and the Secretary of the Interior.
       ``(f) Federal-aid Eligible Projects.--Before approving as a 
     project on a tribal transportation facility any project 
     eligible for funds apportioned under section 104 in a State, 
     the Secretary shall, for projects on tribal transportation 
     facilities, determine that the obligation of funds for the 
     project is supplementary to and not in lieu of the obligation 
     of a fair and equitable share of funds apportioned to the 
     State under section 104.

     ``Sec. 203. Federal lands transportation program

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

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

       ``(v) construction and reconstruction of roadside rest 
     areas, including sanitary and water facilities;
       ``(vi) congestion mitigation; and
       ``(vii) other appropriate public road facilities, as 
     determined by the Secretary;
       ``(B) operation and maintenance of transit facilities;
       ``(C) any transportation project eligible for assistance 
     under this title that is on a public road within or adjacent 
     to, or that provides access to, Federal lands open to the 
     public; and
       ``(D) not more $10,000,000 of the amounts made available 
     per fiscal year to carry out this section for activities 
     eligible under subparagraph (A)(iv).
       ``(2) Contract.--In connection with an activity described 
     in paragraph (1), the Secretary and the Secretary of the 
     appropriate Federal land management agency may enter into a 
     contract or other appropriate agreement with respect to the 
     activity with--
       ``(A) a State (including a political subdivision of a 
     State); or
       ``(B) an Indian tribe.
       ``(3) Administration.--All appropriations for the 
     construction and improvement of Federal lands transportation 
     facilities shall be administered in conformity with 
     regulations and agreements jointly approved by the Secretary 
     and the Secretary of the appropriate Federal land managing 
     agency.
       ``(4) Cooperation.--
       ``(A) In general.--The cooperation of States, counties, or 
     other local subdivisions may be accepted in construction and 
     improvement.
       ``(B) Funds received.--Any funds received from a State, 
     county, or local subdivision shall be credited to 
     appropriations available for the class of Federal lands 
     transportation facilities to which the funds were 
     contributed.
       ``(5) Competitive bidding.--
       ``(A) In general.--Subject to subparagraph (B), 
     construction of each project shall be performed by contract 
     awarded by competitive bidding.
       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     Secretary or the Secretary of the appropriate Federal land 
     management agency affirmatively finds that, under the 
     circumstances relating to the project, a different method is 
     in the public interest.
       ``(b) Agency Program Distributions.--
       ``(1) In general.--On October 1, 2011, and on October 1 of 
     each fiscal year thereafter, the Secretary shall allocate the 
     sums authorized to be appropriated for the fiscal year for 
     the Federal lands transportation program on the basis of 
     applications of need, as determined by the Secretary--
       ``(A) in consultation with the Secretaries of the 
     applicable Federal land management agencies; and
       ``(B) in coordination with the transportation plans 
     required under section 201 of the respective transportation 
     systems of--
       ``(i) the National Park Service;
       ``(ii) the Forest Service;
       ``(iii) the United States Fish and Wildlife Service;
       ``(iv) the Corps of Engineers; and
       ``(v) the Bureau of Land Management.
       ``(2) Applications.--
       ``(A) Requirements.--Each application submitted by a 
     Federal land management agency shall include proposed 
     programs at various potential funding levels, as defined by 
     the Secretary following collaborative discussions with 
     applicable Federal land management agencies.
       ``(B) Consideration by secretary.--In evaluating an 
     application submitted under subparagraph (A), the Secretary 
     shall consider the extent to which the programs support--
       ``(i) the transportation goals of--

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

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

     ``Sec. 204. Federal lands access program

       ``(a) Use of Funds.--
       ``(1) In general.--Funds made available under the Federal 
     lands access program shall be used by the Secretary of 
     Transportation and the Secretary of the appropriate Federal 
     land management agency to pay the cost of--
       ``(A) transportation planning, research, engineering, 
     preventive maintenance, rehabilitation, restoration, 
     construction, and reconstruction of Federal lands access 
     transportation facilities located on or adjacent to, or that 
     provide access to, Federal land, and--
       ``(i) adjacent vehicular parking areas;
       ``(ii) acquisition of necessary scenic easements and scenic 
     or historic sites;
       ``(iii) provisions for pedestrians and bicycles;
       ``(iv) environmental mitigation in or adjacent to Federal 
     land to improve public safety and reduce vehicle-caused 
     wildlife mortality while maintaining habitat connectivity;
       ``(v) construction and reconstruction of roadside rest 
     areas, including sanitary and water facilities; and
       ``(vi) other appropriate public road facilities, as 
     determined by the Secretary;
       ``(B) operation and maintenance of transit facilities; and
       ``(C) any transportation project eligible for assistance 
     under this title that is within or adjacent to, or that 
     provides access to, Federal land.
       ``(2) Contract.--In connection with an activity described 
     in paragraph (1), the Secretary and the Secretary of the 
     appropriate Federal land management agency may enter into a 
     contract or other appropriate agreement with respect to the 
     activity with--
       ``(A) a State (including a political subdivision of a 
     State); or
       ``(B) an Indian tribe.
       ``(3) Administration.--All appropriations for the 
     construction and improvement of Federal lands access 
     transportation facilities shall be administered in conformity 
     with regulations and agreements approved by the Secretary.
       ``(4) Cooperation.--
       ``(A) In general.--The cooperation of States, counties, or 
     other local subdivisions may be accepted in construction and 
     improvement.
       ``(B) Funds received.--Any funds received from a State, 
     county, or local subdivision for a Federal lands access 
     transportation facility project shall be credited to 
     appropriations available under the Federal lands access 
     program.
       ``(5) Competitive bidding.--
       ``(A) In general.--Subject to subparagraph (B), 
     construction of each project shall be performed by contract 
     awarded by competitive bidding.

[[Page H4455]]

       ``(B) Exception.--Subparagraph (A) shall not apply if the 
     Secretary or the Secretary of the appropriate Federal land 
     management agency affirmatively finds that, under the 
     circumstances relating to the project, a different method is 
     in the public interest.
       ``(b) Program Distributions.--
       ``(1) In general.--Funding made available to carry out the 
     Federal lands access program shall be allocated among those 
     States that have Federal land, in accordance with the 
     following formula:
       ``(A) 80 percent of the available funding for use in those 
     States that contain at least 1\1/2\ percent of the total 
     public land in the United States managed by the agencies 
     described in paragraph (2), to be distributed as follows:
       ``(i) 30 percent in the ratio that--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

       Section 1301 of the SAFETEA-LU (23 U.S.C. 101 note; 119 
     Stat. 1198) is amended--
       (1) in subsection (b), by striking ``States'' and inserting 
     ``eligible applicants'';
       (2) in subsection (c), by striking paragraph (3) and 
     inserting the following:
       ``(3) Eligible applicant.--The term `eligible applicant' 
     means--
       ``(A) a State department of transportation or a group of 
     State departments of transportation;
       ``(B) a tribal government or consortium of tribal 
     governments;
       ``(C) a transit agency; or
       ``(D) a multi-State or multi-jurisdictional group of the 
     agencies described in subparagraphs (A) through (C).'';
       (3) in subsection (d)(2), by striking ``75'' and inserting 
     ``50'';
       (4) in subsection (e), by striking ``State'' and inserting 
     ``eligible applicant'';
       (5) in subsection (f)(3) by striking subparagraph (B) and 
     inserting the following:
       ``(B) improves roadways vital to national energy security; 
     and'';
       (6) in subsection (g)(1) by adding at the end the 
     following:
       ``(E) Congressional approval.--The Secretary may not issue 
     a letter of intent, enter into a full funding grant agreement 
     under paragraph (2), or make any other obligation or 
     commitment to fund a project under this section if a joint 
     resolution of disapproval is enacted disapproving funding for 
     the project before the last day of the 60-day period 
     described in subparagraph (B).'';
       (7) in subsection (k), by adding at the end the following:
       ``(3) Project selection justifications.--
       ``(A) In general.--Not later than 30 days after the date on 
     which the Secretary selects a project for funding under this 
     section, the Secretary shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report that describes the reasons for 
     selecting the project, based on the criteria described in 
     subsection (f).
       ``(B) Inclusions.--The report submitted under subparagraph 
     (A) shall specify each criteria described in subsection (f) 
     that the project meets.
       ``(C) Availability.--The Secretary shall make available on 
     the website of the Department the report submitted under 
     subparagraph (A).''; and
       (8) by striking subsections (l) and (m) and inserting the 
     following:
       ``(l) Report.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the MAP-21, the Secretary shall submit a report 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate regarding projects of national and 
     regional significance.
       ``(2) Purpose.--The purpose of the report issued under this 
     subsection shall be to identify projects of national and 
     regional significance that--
       ``(A) will significantly improve the performance of the 
     Federal-aid highway system, nationally or regionally;
       ``(B) is able to--
       ``(i) generate national economic benefits that reasonably 
     exceed the costs of the projects, including increased access 
     to jobs, labor, and other critical economic inputs;
       ``(ii) reduce long-term congestion, including impacts in 
     the State, region, and the United States, and increase speed, 
     reliability, and accessibility of the movement of people or 
     freight; and
       ``(iii) improve transportation safety, including reducing 
     transportation accidents, and serious injuries and 
     fatalities; and
       ``(C) can be supported by an acceptable degree of non-
     Federal financial commitments.
       ``(3) Contents.--The report issued under this subsection 
     shall include--
       ``(A) a comprehensive list of each project of national and 
     regional significance that--
       ``(i) has been complied through a survey of State 
     departments of transportation; and
       ``(ii) has been classified by the Secretary as a project of 
     regional or national significance in accordance with this 
     section;
       ``(B) an analysis of the information collected under 
     paragraph (1), including a discussion of the factors 
     supporting each classification of a project as a project of 
     regional or national significance; and
       ``(C) recommendations on financing for eligible project 
     costs.
       ``(m) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 for 
     fiscal year 2013, to remain available until expended.''.

     SEC. 1121. 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) and (d);
       (2) by redesignating subsections (e) and (f) as subsections 
     (f) and (g), respectively; 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) 45 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) 35 percent shall be allocated among eligible entities 
     in the proportion that--

[[Page H4456]]

       ``(A) the total route miles serviced by each ferry system; 
     bears to
       ``(B) the total route miles serviced by all ferry systems.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated out of the Highway Trust Fund (other than 
     the Mass Transit Account) to carry out this section 
     $67,000,000 for each of fiscal years 2013 and 2014.''.
       (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 ``2014''.

     SEC. 1122. TRANSPORTATION ALTERNATIVES.

       (a) In General.--Section 213 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 213. Transportation alternatives

       ``(a) Reservation of Funds.--
       ``(1) In general.--On October 1 of each of fiscal years 
     2013 and 2014, the Secretary shall proportionally reserve 
     from the funds apportioned to a State under section 104(b) to 
     carry out the requirements of this section an amount equal to 
     the amount obtained by multiplying the amount determined 
     under paragraph (2) by the ratio that--
       ``(A) the amount apportioned to the State for the 
     transportation enhancements program for fiscal year 2009 
     under section 133(d)(2), as in effect on the day before the 
     date of enactment of the MAP-21; bears to
       ``(B) the total amount of funds apportioned to all States 
     for that fiscal year for the transportation enhancements 
     program for fiscal year 2009.
       ``(2) Calculation of national amount.--The Secretary shall 
     determine an amount for each fiscal year that is equal to 2 
     percent of the amounts authorized to be appropriated for such 
     fiscal year from the Highway Trust Fund (other than the Mass 
     Transit Account) to carry out chapters 1, 2, 5, and 6 of this 
     title.
       ``(b) Eligible Projects.--A State may obligate the funds 
     reserved under this section for any of the following projects 
     or activities:
       ``(1) Transportation alternatives, as defined in section 
     101.
       ``(2) The recreational trails program under section 206.
       ``(3) The safe routes to school program under section 1404 
     of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59).
       ``(4) Planning, designing, or constructing boulevards and 
     other roadways largely in the right-of-way of former 
     Interstate System routes or other divided highways.
       ``(c) Allocations of Funds.--
       ``(1) Calculation.--Of the funds reserved in a State under 
     this section--
       ``(A) 50 percent for a fiscal year shall be obligated under 
     this section to any eligible entity in proportion to their 
     relative shares of the population of the State--
       ``(i) in urbanized areas of the State with an urbanized 
     area population of over 200,000;
       ``(ii) in areas of the State other than urban areas with a 
     population greater than 5,000; and
       ``(iii) in other areas of the State; and
       ``(B) 50 percent shall be obligated in any area of the 
     State.
       ``(2) Metropolitan areas.--Funds attributed to an urbanized 
     area under paragraph (1)(A)(i) may be obligated in the 
     metropolitan area established under section 134 that 
     encompasses the urbanized area.
       ``(3) Distribution among urbanized areas of over 200,000 
     population.--
       ``(A) In general.--Except as provided in paragraph (1)(B), 
     the amount of funds that a State is required to obligate 
     under paragraph (1)(A)(i) shall be obligated in urbanized 
     areas described in paragraph (1)(A)(i) based on the relative 
     population of the areas.
       ``(B) Other factors.--A State may obligate the funds 
     described in subparagraph (A) based on other factors if the 
     State and the relevant metropolitan planning organizations 
     jointly apply to the Secretary for the permission to base the 
     obligation on other factors and the Secretary grants the 
     request.
       ``(4) Access to funds.--
       ``(A) In general.--Each State or metropolitan planning 
     organization required to obligate funds in accordance with 
     paragraph (1) shall develop a competitive process to allow 
     eligible entities to submit projects for funding that achieve 
     the objectives of this subsection.
       ``(B) Definition of eligible entity.--In this paragraph, 
     the term `eligible entity' means--
       ``(i) a local government;
       ``(ii) a regional transportation authority;
       ``(iii) a transit agency;
       ``(iv) a natural resource or public land agency;
       ``(v) a school district, local education agency, or school;
       ``(vi) a tribal government; and
       ``(vii) any other local or regional governmental entity 
     with responsibility for or oversight of transportation or 
     recreational trails (other than a metropolitan planning 
     organization or a State agency) that the State determines to 
     be eligible, consistent with the goals of this subsection.
       ``(5) Selection of projects.--For funds reserved in a State 
     under this section and suballocated to a metropolitan 
     planning area under paragraph (1)(A)(i), each such 
     metropolitan planning organization shall select projects 
     carried out within the boundaries of the applicable 
     metropolitan planning area, in consultation with the relevant 
     State.
       ``(d) Flexibility of Excess Reserved Funding.--Beginning in 
     the second fiscal year after the date of enactment of the 
     MAP-21, if on August 1 of that fiscal year the unobligated 
     balance of available funds reserved by a State under this 
     section exceeds 100 percent of such reserved amount in such 
     fiscal year, the State may thereafter obligate the amount of 
     excess funds for any activity--
       ``(1) that is eligible to receive funding under this 
     section; or
       ``(2) for which the Secretary has approved the obligation 
     of funds for any State under section 149.
       ``(e) Treatment of Projects.--Notwithstanding any other 
     provision of law, projects funded under this section 
     (excluding those carried out under subsection (f)) shall be 
     treated as projects on a Federal-aid highway under this 
     chapter.
       ``(f) Continuation of Certain Recreational Trails 
     Projects.--Each State shall--
       ``(1) 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;
       ``(2) return 1 percent of those funds to the Secretary for 
     the administration of that program; and
       ``(3) 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.
       ``(g) State Flexibility.--A State may opt out of the 
     recreational trails program under subsection (f) if the 
     Governor of the State notifies the Secretary not later than 
     30 days prior to apportionments being made for any fiscal 
     year.''.
       (b) Conforming Amendment.--The analysis for chapter 2 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 213 and inserting the following:

``213. Transportation alternatives''.

     SEC. 1123. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

       (a) Definitions.--In this section:
       (1) Emergency or disaster.--The term ``emergency or 
     disaster'' means damage to a tribal transportation facility 
     that--
       (A) renders the tribal transportation facility impassable 
     or unusable;
       (B) is caused by--
       (i) a natural disaster over a widespread area; or
       (ii) a catastrophic failure from an external cause; and
       (C) would be eligible under the emergency relief program 
     under section 125 of title 23, United States Code, but does 
     not meet the funding thresholds required by that section.
       (2) List.--The term ``list'' means the funding priority 
     list developed under subsection (c)(5).
       (3) Program.--The term ``program'' means the Tribal High 
     Priority Projects program established under subsection 
     (b)(1).
       (4) Project.--The term ``project'' means a project provided 
     funds under the program.
       (b) Program.--
       (1) In general.--The Secretary shall use amounts made 
     available under subsection (h) to carry out a Tribal High 
     Priority Projects program under which funds shall be provided 
     to eligible applicants in accordance with this section.
       (2) Eligible applicants.--Applicants eligible for program 
     funds under this section include--
       (A) an Indian tribe whose annual allocation of funding 
     under section 202 of title 23, United States Code, is 
     insufficient to complete the highest priority project of the 
     Indian tribe;
       (B) a governmental subdivision of an Indian tribe--
       (i) that is authorized to administer the funding of the 
     Indian tribe under section 202 of title 23, United States 
     Code; and
       (ii) for which the annual allocation under that section is 
     insufficient to complete the highest priority project of the 
     Indian tribe; or
       (C) any Indian tribe that has an emergency or disaster with 
     respect to a transportation facility included on the national 
     inventory of tribal transportation facilities under section 
     202(b)(1) of title 23, United States Code.
       (c) Project Applications; Funding.--
       (1) In general.--To apply for funds under this section, an 
     eligible applicant shall submit to the Department of the 
     Interior or the Department an application that includes--
       (A) project scope of work, including deliverables, budget, 
     and timeline;
       (B) the amount of funds requested;
       (C) project information addressing--
       (i) the ranking criteria identified in paragraph (3); or
       (ii) the nature of the emergency or disaster;
       (D) documentation that the project meets the definition of 
     a tribal transportation facility and is included in the 
     national inventory of tribal transportation facilities under 
     section 202(b)(1) of title 23, United States Code;
       (E) documentation of official tribal action requesting the 
     project;
       (F) documentation from the Indian tribe providing authority 
     for the Secretary of the Interior to place the project on a 
     transportation improvement program if the project is selected 
     and approved; and
       (G) any other information the Secretary of the Interior or 
     Secretary considers appropriate to make a determination.
       (2) Limitation on applications.--An applicant for funds 
     under the program may only have 1 application for assistance 
     under this section pending at any 1 time, including any 
     emergency or disaster application.

[[Page H4457]]

       (3) Application ranking.--
       (A) In general.--The Secretary of the Interior and the 
     Secretary shall determine the eligibility of, and fund, 
     program applications, subject to the availability of funds.
       (B) Ranking criteria.--The project ranking criteria for 
     applications under this section shall include--
       (i) the existence of safety hazards with documented 
     fatality and injury accidents;
       (ii) the number of years since the Indian tribe last 
     completed a construction project funded by section 202 of 
     title 23, United States Code;
       (iii) the readiness of the Indian tribe to proceed to 
     construction or bridge design need;
       (iv) the percentage of project costs matched by funds that 
     are not provided under section 202 of title 23, United States 
     Code, with projects with a greater percentage of other 
     sources of matching funds ranked ahead of lesser matches);
       (v) the amount of funds requested, with requests for lesser 
     amounts given greater priority;
       (vi) the challenges caused by geographic isolation; and
       (vii) all weather access for employment, commerce, health, 
     safety, educational resources, or housing.
       (4) Project scoring matrix.--The project scoring matrix 
     established in the appendix to part 170 of title 25, Code of 
     Regulations (as in effect on the date of enactment of this 
     Act) shall be used to rank all applications accepted under 
     this section.
       (5) Funding priority list.--
       (A) In general.--The Secretary of the Interior and the 
     Secretary shall jointly produce a funding priority list that 
     ranks the projects approved for funding under the program.
       (B) Limitation.--The number of projects on the list shall 
     be limited by the amount of funding made available.
       (6) Timeline.--The Secretary of the Interior and the 
     Secretary shall--
       (A) require applications for funding no sooner than 60 days 
     after funding is made available pursuant to subsection (a);
       (B) notify all applicants and Regions in writing of 
     acceptance of applications;
       (C) rank all accepted applications in accordance with the 
     project scoring matrix, develop the funding priority list, 
     and return unaccepted applications to the applicant with an 
     explanation of deficiencies;
       (D) notify all accepted applicants of the projects included 
     on the funding priority list no later than 180 days after the 
     application deadline has passed pursuant to subparagraph (A); 
     and
       (E) distribute funds to successful applicants.
       (d) Emergency or Disaster Project Applications.--
       (1) In general.--Notwithstanding subsection (c)(6), an 
     eligible applicant may submit an emergency or disaster 
     project application at any time during the fiscal year.
       (2) Consideration as priority.--The Secretary shall--
       (A) consider project applications submitted under paragraph 
     (1) to be a priority; and
       (B) fund the project applications in accordance with 
     paragraph (3).
       (3) Funding.--
       (A) In general.--If an eligible applicant submits an 
     application for a project under this subsection before the 
     issuance of the list under subsection (c)(5) and the project 
     is determined to be eligible for program funds, the Secretary 
     of the Interior shall provide funding for the project before 
     providing funding for other approved projects on the list.
       (B) Submission after issuance of list.--If an eligible 
     applicant submits an application under this subsection after 
     the issuance of the list under subsection (c)(5) and the 
     distribution of program funds in accordance with the list, 
     the Secretary of the Interior shall provide funding for the 
     project on the date on which unobligated funds provided to 
     projects on the list are returned to the Department of the 
     Interior.
       (C) Effect on other projects.--If the Secretary of the 
     Interior uses funding previously designated for a project on 
     the list to fund an emergency or disaster project under this 
     subsection, the project on the list that did not receive 
     funding as a result of the redesignation of funds shall move 
     to the top of the list the following year.
       (4) Emergency or disaster project cost.--The cost of a 
     project submitted as an emergency or disaster under this 
     subsection shall be at least 10 percent of the distribution 
     of funds of the Indian tribe under section 202(b) of title 
     23, United States Code.
       (e) Limitation on Use of Funds.--Program funds shall not be 
     used for--
       (1) transportation planning;
       (2) research;
       (3) routine maintenance activities;
       (4) structures and erosion protection unrelated to 
     transportation and roadways;
       (5) general reservation planning not involving 
     transportation;
       (6) landscaping and irrigation systems not involving 
     transportation programs and projects;
       (7) work performed on projects that are not included on a 
     transportation improvement program approved by the Federal 
     Highway Administration, unless otherwise authorized by the 
     Secretary of the Interior and the Secretary;
       (8) the purchase of equipment unless otherwise authorized 
     by Federal law; or
       (9) the condemnation of land for recreational trails.
       (f) Limitation on Project Amounts.--Project funding shall 
     be limited to a maximum of $1,000,000 per application, except 
     that funding for disaster or emergency projects shall also be 
     limited to the estimated cost of repairing damage to the 
     tribal transportation facility.
       (g) Cost Estimate Certification.--All cost estimates 
     prepared for a project shall be required to be submitted by 
     the applicant to the Secretary of the Interior and the 
     Secretary for certification and approval.
       (h) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     $30,000,000 out of the general fund of the Treasury to carry 
     out the program for each of fiscal years 2013 and 2014.
       (2) Administration.--The funds made available under 
     paragraph (1) shall be administered in the same manner as 
     funds made available for the tribal transportation program 
     under section 202 of title 23, United States Code, except 
     that--
       (A) the funds made available for the program shall remain 
     available until September 30 of the third fiscal year after 
     the year appropriated; and
       (B) the Federal share of the cost of a project shall be 100 
     percent.
                   Subtitle B--Performance Management

     SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

       (a) In General.--Section 134 of title 23, United States 
     Code, is amended to read as follows:

     ``Sec. 134. Metropolitan transportation planning

       ``(a) Policy.--It is in the national interest--
       ``(1) to encourage and promote the safe and efficient 
     management, operation, and development of surface 
     transportation systems that will serve the mobility needs of 
     people and freight and foster economic growth and development 
     within and between States and urbanized areas, while 
     minimizing transportation-related fuel consumption and air 
     pollution through metropolitan and statewide transportation 
     planning processes identified in this chapter; and
       ``(2) to encourage the continued improvement and evolution 
     of the metropolitan and statewide transportation planning 
     processes by metropolitan planning organizations, State 
     departments of transportation, and public transit operators 
     as guided by the planning factors identified in subsection 
     (h) and section 135(d).
       ``(b) Definitions.--In this section and section 135, the 
     following definitions apply:
       ``(1) Metropolitan planning area.--The term `metropolitan 
     planning area' means the geographic area determined by 
     agreement between the metropolitan planning organization for 
     the area and the Governor under subsection (e).
       ``(2) Metropolitan planning organization.--The term 
     `metropolitan planning organization' means the policy board 
     of an organization established as a result of the designation 
     process under subsection (d).
       ``(3) Nonmetropolitan area.--The term `nonmetropolitan 
     area' means a geographic area outside designated metropolitan 
     planning areas.
       ``(4) Nonmetropolitan local official.--The term 
     `nonmetropolitan local official' means elected and appointed 
     officials of general purpose local government in a 
     nonmetropolitan area with responsibility for transportation.
       ``(5) Regional transportation planning organization.--The 
     term `regional transportation planning organization' means a 
     policy board of an organization established as the result of 
     a designation under section 135(m).
       ``(6) TIP.--The term `TIP' means a transportation 
     improvement program developed by a metropolitan planning 
     organization under subsection (j).
       ``(7) Urbanized area.--The term `urbanized area' means a 
     geographic area with a population of 50,000 or more, as 
     determined by the Bureau of the Census.
       ``(c) General Requirements.--
       ``(1) Development of long-range plans and tips.--To 
     accomplish the objectives in subsection (a), metropolitan 
     planning organizations designated under subsection (d), in 
     cooperation with the State and public transportation 
     operators, shall develop long-range transportation plans and 
     transportation improvement programs through a performance-
     driven, outcome-based approach to planning for metropolitan 
     areas of the State.
       ``(2) Contents.--The plans and TIPs for each metropolitan 
     area shall provide for the development and integrated 
     management and operation of transportation systems and 
     facilities (including accessible pedestrian walkways and 
     bicycle transportation facilities) that will function as an 
     intermodal transportation system for the metropolitan 
     planning area and as an integral part of an intermodal 
     transportation system for the State and the United States.
       ``(3) Process of development.--The process for developing 
     the plans and TIPs shall provide for consideration of all 
     modes of transportation and shall be continuing, cooperative, 
     and comprehensive to the degree appropriate, based on the 
     complexity of the transportation problems to be addressed.
       ``(d) Designation of Metropolitan Planning Organizations.--
       ``(1) In general.--To carry out the transportation planning 
     process required by this section, a metropolitan planning 
     organization shall be designated for each urbanized area with 
     a population of more than 50,000 individuals--
       ``(A) by agreement between the Governor and units of 
     general purpose local government that together represent at 
     least 75 percent of the affected population (including the 
     largest incorporated city (based on population) as determined 
     by the Bureau of the Census); or
       ``(B) in accordance with procedures established by 
     applicable State or local law.
       ``(2) Structure.--Not later than 2 years after the date of 
     enactment of MAP-21, each metropolitan planning organization 
     that serves an area designated as a transportation management 
     area shall consist of--
       ``(A) local elected officials;
       ``(B) officials of public agencies that administer or 
     operate major modes of transportation in the metropolitan 
     area, including representation by providers of public 
     transportation; and
       ``(C) appropriate State officials.
       ``(3) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to interfere with the 
     authority, under

[[Page H4458]]

     any State law in effect on December 18, 1991, of a public 
     agency with multimodal transportation responsibilities--
       ``(A) to develop the plans and TIPs for adoption by a 
     metropolitan planning organization; and
       ``(B) to develop long-range capital plans, coordinate 
     transit services and projects, and carry out other activities 
     pursuant to State law.
       ``(4) Continuing designation.--A designation of a 
     metropolitan planning organization under this subsection or 
     any other provision of law shall remain in effect until the 
     metropolitan planning organization is redesignated under 
     paragraph (5).
       ``(5) Redesignation procedures.--
       ``(A) In general.--A metropolitan planning organization may 
     be redesignated by agreement between the Governor and units 
     of general purpose local government that together represent 
     at least 75 percent of the existing planning area population 
     (including the largest incorporated city (based on 
     population) as determined by the Bureau of the Census) as 
     appropriate to carry out this section.
       ``(B) Restructuring.--A metropolitan planning organization 
     may be restructured to meet the requirements of paragraph (2) 
     without undertaking a redesignation.
       ``(6) Designation of more than 1 metropolitan planning 
     organization.--More than 1 metropolitan planning organization 
     may be designated within an existing metropolitan planning 
     area only if the Governor and the existing metropolitan 
     planning organization determine that the size and complexity 
     of the existing metropolitan planning area make designation 
     of more than 1 metropolitan planning organization for the 
     area appropriate.
       ``(e) Metropolitan Planning Area Boundaries.--
       ``(1) In general.--For the purposes of this section, the 
     boundaries of a metropolitan planning area shall be 
     determined by agreement between the metropolitan planning 
     organization and the Governor.
       ``(2) Included area.--Each metropolitan planning area--
       ``(A) shall encompass at least the existing urbanized area 
     and the contiguous area expected to become urbanized within a 
     20-year forecast period for the transportation plan; and
       ``(B) may encompass the entire metropolitan statistical 
     area or consolidated metropolitan statistical area, as 
     defined by the Bureau of the Census.
       ``(3) Identification of new urbanized areas within existing 
     planning area boundaries.--The designation by the Bureau of 
     the Census of new urbanized areas within an existing 
     metropolitan planning area shall not require the 
     redesignation of the existing metropolitan planning 
     organization.
       ``(4) Existing metropolitan planning areas in 
     nonattainment.--
       ``(A) In general.--Notwithstanding paragraph (2), except as 
     provided in subparagraph (B), in the case of an urbanized 
     area designated as a nonattainment area for ozone or carbon 
     monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as 
     of the date of enactment of the SAFETEA-LU, the boundaries of 
     the metropolitan planning area in existence as of such date 
     of enactment shall be retained.
       ``(B) Exception.--The boundaries described in subparagraph 
     (A) may be adjusted by agreement of the Governor and affected 
     metropolitan planning organizations in the manner described 
     in subsection (d)(5).
       ``(5) New metropolitan planning areas in nonattainment.--In 
     the case of an urbanized area designated after the date of 
     enactment of the SAFETEA-LU, as a nonattainment area for 
     ozone or carbon monoxide, the boundaries of the metropolitan 
     planning area--
       ``(A) shall be established in the manner described in 
     subsection (d)(1);
       ``(B) shall encompass the areas described in paragraph 
     (2)(A);
       ``(C) may encompass the areas described in paragraph 
     (2)(B); and
       ``(D) may address any nonattainment area identified under 
     the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or 
     carbon monoxide.
       ``(f) Coordination in Multistate Areas.--
       ``(1) In general.--The Secretary shall encourage each 
     Governor with responsibility for a portion of a multistate 
     metropolitan area and the appropriate metropolitan planning 
     organizations to provide coordinated transportation planning 
     for the entire metropolitan area.
       ``(2) Interstate compacts.--The consent of Congress is 
     granted to any 2 or more States--
       ``(A) to enter into agreements or compacts, not in conflict 
     with any law of the United States, for cooperative efforts 
     and mutual assistance in support of activities authorized 
     under this section as the activities pertain to interstate 
     areas and localities within the States; and
       ``(B) to establish such agencies, joint or otherwise, as 
     the States may determine desirable for making the agreements 
     and compacts effective.
       ``(3) Reservation of rights.--The right to alter, amend, or 
     repeal interstate compacts entered into under this subsection 
     is expressly reserved.
       ``(g) MPO Consultation in Plan and TIP Coordination.--
       ``(1) Nonattainment areas.--If more than 1 metropolitan 
     planning organization has authority within a metropolitan 
     area or an area which is designated as a nonattainment area 
     for ozone or carbon monoxide under the Clean Air Act (42 
     U.S.C. 7401 et seq.), each metropolitan planning organization 
     shall consult with the other metropolitan planning 
     organizations designated for such area and the State in the 
     coordination of plans and TIPs required by this section.
       ``(2) Transportation improvements located in multiple 
     mpos.--If a transportation improvement, funded from the 
     Highway Trust Fund or authorized under chapter 53 of title 
     49, is located within the boundaries of more than 1 
     metropolitan planning area, the metropolitan planning 
     organizations shall coordinate plans and TIPs regarding the 
     transportation improvement.
       ``(3) Relationship with other planning officials.--
       ``(A) In general.--The Secretary shall encourage each 
     metropolitan planning organization to consult with officials 
     responsible for other types of planning activities that are 
     affected by transportation in the area (including State and 
     local planned growth, economic development, environmental 
     protection, airport operations, and freight movements) or to 
     coordinate its planning process, to the maximum extent 
     practicable, with such planning activities.
       ``(B) Requirements.--Under the metropolitan planning 
     process, transportation plans and TIPs shall be developed 
     with due consideration of other related planning activities 
     within the metropolitan area, and the process shall provide 
     for the design and delivery of transportation services within 
     the metropolitan area that are provided by--
       ``(i) recipients of assistance under chapter 53 of title 
     49;
       ``(ii) governmental agencies and nonprofit organizations 
     (including representatives of the agencies and organizations) 
     that receive Federal assistance from a source other than the 
     Department of Transportation to provide nonemergency 
     transportation services; and
       ``(iii) recipients of assistance under section 204.
       ``(h) Scope of Planning Process.--
       ``(1) In general.--The metropolitan planning process for a 
     metropolitan planning area under this section shall provide 
     for consideration of projects and strategies that will--
       ``(A) support the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increase the safety of the transportation system for 
     motorized and nonmotorized users;
       ``(C) increase the security of the transportation system 
     for motorized and nonmotorized users;
       ``(D) increase the accessibility and mobility of people and 
     for freight;
       ``(E) protect and enhance the environment, promote energy 
     conservation, improve the quality of life, and promote 
     consistency between transportation improvements and State and 
     local planned growth and economic development patterns;
       ``(F) enhance the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight;
       ``(G) promote efficient system management and operation; 
     and
       ``(H) emphasize the preservation of the existing 
     transportation system.
       ``(2) Performance-based approach.--
       ``(A) In general.--The metropolitan transportation planning 
     process shall provide for the establishment and use of a 
     performance-based approach to transportation decisionmaking 
     to support the national goals described in section 150(b) of 
     this title and in section 5301(c) of title 49.
       ``(B) Performance targets.--
       ``(i) Surface transportation performance targets.--

       ``(I) In general.--Each metropolitan planning organization 
     shall establish performance targets that address the 
     performance measures described in section 150(c), where 
     applicable, to use in tracking progress towards attainment of 
     critical outcomes for the region of the metropolitan planning 
     organization.
       ``(II) Coordination.--Selection of performance targets by a 
     metropolitan planning organization shall be coordinated with 
     the relevant State to ensure consistency, to the maximum 
     extent practicable.

       ``(ii) Public transportation performance targets.--
     Selection of performance targets by a metropolitan planning 
     organization shall be coordinated, to the maximum extent 
     practicable, with providers of public transportation to 
     ensure consistency with sections 5326(c) and 5329(d) of title 
     49.
       ``(C) Timing.--Each metropolitan planning organization 
     shall establish the performance targets under subparagraph 
     (B) not later than 180 days after the date on which the 
     relevant State or provider of public transportation 
     establishes the performance targets.
       ``(D) Integration of other performance-based plans.--A 
     metropolitan planning organization shall integrate in the 
     metropolitan transportation planning process, directly or by 
     reference, the goals, objectives, performance measures, and 
     targets described in other State transportation plans and 
     transportation processes, as well as any plans developed 
     under chapter 53 of title 49 by providers of public 
     transportation, required as part of a performance-based 
     program.
       ``(3) Failure to consider factors.--The failure to consider 
     any factor specified in paragraphs (1) and (2) shall not be 
     reviewable by any court under this title or chapter 53 of 
     title 49, subchapter II of chapter 5 of title 5, or chapter 7 
     of title 5 in any matter affecting a transportation plan, a 
     TIP, a project or strategy, or the certification of a 
     planning process.
       ``(i) Development of Transportation Plan.--
       ``(1) Requirements.--
       ``(A) In general.--Each metropolitan planning organization 
     shall prepare and update a transportation plan for its 
     metropolitan planning area in accordance with the 
     requirements of this subsection.
       ``(B) Frequency.--
       ``(i) In general.--The metropolitan planning organization 
     shall prepare and update such plan every 4 years (or more 
     frequently, if the metropolitan planning organization elects 
     to update more frequently) in the case of each of the 
     following:

       ``(I) Any area designated as nonattainment, as defined in 
     section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).

[[Page H4459]]

       ``(II) Any area that was nonattainment and subsequently 
     designated to attainment in accordance with section 107(d)(3) 
     of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a 
     maintenance plan under section 175A of that Act (42 U.S.C. 
     7505a).

       ``(ii) Other areas.--In the case of any other area required 
     to have a transportation plan in accordance with the 
     requirements of this subsection, the metropolitan planning 
     organization shall prepare and update such plan every 5 years 
     unless the metropolitan planning organization elects to 
     update more frequently.
       ``(2) Transportation plan.--A transportation plan under 
     this section shall be in a form that the Secretary determines 
     to be appropriate and shall contain, at a minimum, the 
     following:
       ``(A) Identification of transportation facilities.--
       ``(i) In general.--An identification of transportation 
     facilities (including major roadways, transit, multimodal and 
     intermodal facilities, nonmotorized transportation 
     facilities, and intermodal connectors) that should function 
     as an integrated metropolitan transportation system, giving 
     emphasis to those facilities that serve important national 
     and regional transportation functions.
       ``(ii) Factors.--In formulating the transportation plan, 
     the metropolitan planning organization shall consider factors 
     described in subsection (h) as the factors relate to a 20-
     year forecast period.
       ``(B) Performance measures and targets.--A description of 
     the performance measures and performance targets used in 
     assessing the performance of the transportation system in 
     accordance with subsection (h)(2).
       ``(C) System performance report.--A system performance 
     report and subsequent updates evaluating the condition and 
     performance of the transportation system with respect to the 
     performance targets described in subsection (h)(2), 
     including--
       ``(i) progress achieved by the metropolitan planning 
     organization in meeting the performance targets in comparison 
     with system performance recorded in previous reports; and
       ``(ii) for metropolitan planning organizations that 
     voluntarily elect to develop multiple scenarios, an analysis 
     of how the preferred scenario has improved the conditions and 
     performance of the transportation system and how changes in 
     local policies and investments have impacted the costs 
     necessary to achieve the identified performance targets.
       ``(D) Mitigation activities.--
       ``(i) In general.--A long-range transportation plan shall 
     include a discussion of types of potential environmental 
     mitigation activities and potential areas to carry out these 
     activities, including activities that may have the greatest 
     potential to restore and maintain the environmental functions 
     affected by the plan.
       ``(ii) Consultation.--The discussion shall be developed in 
     consultation with Federal, State, and tribal wildlife, land 
     management, and regulatory agencies.
       ``(E) Financial plan.--
       ``(i) In general.--A financial plan that--

       ``(I) demonstrates how the adopted transportation plan can 
     be implemented;
       ``(II) indicates resources from public and private sources 
     that are reasonably expected to be made available to carry 
     out the plan; and
       ``(III) recommends any additional financing strategies for 
     needed projects and programs.

       ``(ii) Inclusions.--The financial plan may include, for 
     illustrative purposes, additional projects that would be 
     included in the adopted transportation plan if reasonable 
     additional resources beyond those identified in the financial 
     plan were available.
       ``(iii) Cooperative development.--For the purpose of 
     developing the transportation plan, the metropolitan planning 
     organization, transit operator, and State shall cooperatively 
     develop estimates of funds that will be available to support 
     plan implementation.
       ``(F) Operational and management strategies.--Operational 
     and management strategies to improve the performance of 
     existing transportation facilities to relieve vehicular 
     congestion and maximize the safety and mobility of people and 
     goods.
       ``(G) Capital investment and other strategies.--Capital 
     investment and other strategies to preserve the existing and 
     projected future metropolitan transportation infrastructure 
     and provide for multimodal capacity increases based on 
     regional priorities and needs.
       ``(H) Transportation and transit enhancement activities.--
     Proposed transportation and transit enhancement activities.
       ``(3) Coordination with clean air act agencies.--In 
     metropolitan areas that are in nonattainment for ozone or 
     carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
     seq.), the metropolitan planning organization shall 
     coordinate the development of a transportation plan with the 
     process for development of the transportation control 
     measures of the State implementation plan required by that 
     Act.
       ``(4) Optional scenario development.--
       ``(A) In general.--A metropolitan planning organization 
     may, while fitting the needs and complexity of its community, 
     voluntarily elect to develop multiple scenarios for 
     consideration as part of the development of the metropolitan 
     transportation plan, in accordance with subparagraph (B).
       ``(B) Recommended components.--A metropolitan planning 
     organization that chooses to develop multiple scenarios under 
     subparagraph (A) shall be encouraged to consider--
       ``(i) potential regional investment strategies for the 
     planning horizon;
       ``(ii) assumed distribution of population and employment;
       ``(iii) a scenario that, to the maximum extent practicable, 
     maintains baseline conditions for the performance measures 
     identified in subsection (h)(2);
       ``(iv) a scenario that improves the baseline conditions for 
     as many of the performance measures identified in subsection 
     (h)(2) as possible;
       ``(v) revenue constrained scenarios based on the total 
     revenues expected to be available over the forecast period of 
     the plan; and
       ``(vi) estimated costs and potential revenues available to 
     support each scenario.
       ``(C) Metrics.--In addition to the performance measures 
     identified in section 150(c), metropolitan planning 
     organizations may evaluate scenarios developed under this 
     paragraph using locally-developed measures.
       ``(5) Consultation.--
       ``(A) In general.--In each metropolitan area, the 
     metropolitan planning organization shall consult, as 
     appropriate, with State and local agencies responsible for 
     land use management, natural resources, environmental 
     protection, conservation, and historic preservation 
     concerning the development of a long-range transportation 
     plan.
       ``(B) Issues.--The consultation shall involve, as 
     appropriate--
       ``(i) comparison of transportation plans with State 
     conservation plans or maps, if available; or
       ``(ii) comparison of transportation plans to inventories of 
     natural or historic resources, if available.
       ``(6) Participation by interested parties.--
       ``(A) In general.--Each metropolitan planning organization 
     shall provide citizens, affected public agencies, 
     representatives of public transportation employees, freight 
     shippers, providers of freight transportation services, 
     private providers of transportation, representatives of users 
     of public transportation, representatives of users of 
     pedestrian walkways and bicycle transportation facilities, 
     representatives of the disabled, and other interested parties 
     with a reasonable opportunity to comment on the 
     transportation plan.
       ``(B) Contents of participation plan.--A participation 
     plan--
       ``(i) shall be developed in consultation with all 
     interested parties; and
       ``(ii) shall provide that all interested parties have 
     reasonable opportunities to comment on the contents of the 
     transportation plan.
       ``(C) Methods.--In carrying out subparagraph (A), the 
     metropolitan planning organization shall, to the maximum 
     extent practicable--
       ``(i) hold any public meetings at convenient and accessible 
     locations and times;
       ``(ii) employ visualization techniques to describe plans; 
     and
       ``(iii) make public information available in electronically 
     accessible format and means, such as the World Wide Web, as 
     appropriate to afford reasonable opportunity for 
     consideration of public information under subparagraph (A).
       ``(7) Publication.--A transportation plan involving Federal 
     participation shall be published or otherwise made readily 
     available by the metropolitan planning organization for 
     public review, including (to the maximum extent practicable) 
     in electronically accessible formats and means, such as the 
     World Wide Web, approved by the metropolitan planning 
     organization and submitted for information purposes to the 
     Governor at such times and in such manner as the Secretary 
     shall establish.
       ``(8) Selection of projects from illustrative list.--
     Notwithstanding paragraph (2)(C), a State or metropolitan 
     planning organization shall not be required to select any 
     project from the illustrative list of additional projects 
     included in the financial plan under paragraph (2)(C).
       ``(j) Metropolitan TIP.--
       ``(1) Development.--
       ``(A) In general.--In cooperation with the State and any 
     affected public transportation operator, the metropolitan 
     planning organization designated for a metropolitan area 
     shall develop a TIP for the metropolitan planning area that--
       ``(i) contains projects consistent with the current 
     metropolitan transportation plan;
       ``(ii) reflects the investment priorities established in 
     the current metropolitan transportation plan; and
       ``(iii) once implemented, is designed to make progress 
     toward achieving the performance targets established under 
     subsection (h)(2).
       ``(B) Opportunity for comment.--In developing the TIP, the 
     metropolitan planning organization, in cooperation with the 
     State and any affected public transportation operator, shall 
     provide an opportunity for participation by interested 
     parties in the development of the program, in accordance with 
     subsection (i)(5).
       ``(C) Funding estimates.--For the purpose of developing the 
     TIP, the metropolitan planning organization, public 
     transportation agency, and State shall cooperatively develop 
     estimates of funds that are reasonably expected to be 
     available to support program implementation.
       ``(D) Updating and approval.--The TIP shall be--
       ``(i) updated at least once every 4 years; and
       ``(ii) approved by the metropolitan planning organization 
     and the Governor.
       ``(2) Contents.--
       ``(A) Priority list.--The TIP shall include a priority list 
     of proposed Federally supported projects and strategies to be 
     carried out within each 4-year period after the initial 
     adoption of the TIP.
       ``(B) Financial plan.--The TIP shall include a financial 
     plan that--
       ``(i) demonstrates how the TIP can be implemented;
       ``(ii) indicates resources from public and private sources 
     that are reasonably expected to be available to carry out the 
     program;
       ``(iii) identifies innovative financing techniques to 
     finance projects, programs, and strategies; and
       ``(iv) may include, for illustrative purposes, additional 
     projects that would be included in the approved TIP if 
     reasonable additional resources beyond those identified in 
     the financial plan were available.

[[Page H4460]]

       ``(C) Descriptions.--Each project in the TIP shall include 
     sufficient descriptive material (such as type of work, 
     termini, length, and other similar factors) to identify the 
     project or phase of the project.
       ``(D) Performance target achievement.--The transportation 
     improvement program shall include, to the maximum extent 
     practicable, a description of the anticipated effect of the 
     transportation improvement program toward achieving the 
     performance targets established in the metropolitan 
     transportation plan, linking investment priorities to those 
     performance targets.
       ``(3) Included projects.--
       ``(A) Projects under this title and chapter 53 of title 
     49.--A TIP developed under this subsection for a metropolitan 
     area shall include the projects within the area that are 
     proposed for funding under chapter 1 of this title and 
     chapter 53 of title 49.
       ``(B) Projects under chapter 2.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 
     shall be identified individually in the transportation 
     improvement program.
       ``(ii) Other projects.--Projects proposed for funding under 
     chapter 2 that are not determined to be regionally 
     significant shall be grouped in 1 line item or identified 
     individually in the transportation improvement program.
       ``(C) Consistency with long-range transportation plan.--
     Each project shall be consistent with the long-range 
     transportation plan developed under subsection (i) for the 
     area.
       ``(D) Requirement of anticipated full funding.--The program 
     shall include a project, or an identified phase of a project, 
     only if full funding can reasonably be anticipated to be 
     available for the project or the identified phase within the 
     time period contemplated for completion of the project or the 
     identified phase.
       ``(4) Notice and comment.--Before approving a TIP, a 
     metropolitan planning organization, in cooperation with the 
     State and any affected public transportation operator, shall 
     provide an opportunity for participation by interested 
     parties in the development of the program, in accordance with 
     subsection (i)(5).
       ``(5) Selection of projects.--
       ``(A) In general.--Except as otherwise provided in 
     subsection (k)(4) and in addition to the TIP development 
     required under paragraph (1), the selection of Federally 
     funded projects in metropolitan areas shall be carried out, 
     from the approved TIP--
       ``(i) by--

       ``(I) in the case of projects under this title, the State; 
     and
       ``(II) in the case of projects under chapter 53 of title 
     49, the designated recipients of public transportation 
     funding; and

       ``(ii) in cooperation with the metropolitan planning 
     organization.
       ``(B) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to advance a project included in the approved TIP 
     in place of another project in the program.
       ``(6) Selection of projects from illustrative list.--
       ``(A) No required selection.--Notwithstanding paragraph 
     (2)(B)(iv), a State or metropolitan planning organization 
     shall not be required to select any project from the 
     illustrative list of additional projects included in the 
     financial plan under paragraph (2)(B)(iv).
       ``(B) Required action by the secretary.--Action by the 
     Secretary shall be required for a State or metropolitan 
     planning organization to select any project from the 
     illustrative list of additional projects included in the 
     financial plan under paragraph (2)(B)(iv) for inclusion in an 
     approved TIP.
       ``(7) Publication.--
       ``(A) Publication of tips.--A TIP involving Federal 
     participation shall be published or otherwise made readily 
     available by the metropolitan planning organization for 
     public review.
       ``(B) Publication of annual listings of projects.--
       ``(i) In general.--An annual listing of projects, including 
     investments in pedestrian walkways and bicycle transportation 
     facilities, for which Federal funds have been obligated in 
     the preceding year shall be published or otherwise made 
     available by the cooperative effort of the State, transit 
     operator, and metropolitan planning organization for public 
     review.
       ``(ii) Requirement.--The listing shall be consistent with 
     the categories identified in the TIP.
       ``(k) Transportation Management Areas.--
       ``(1) Identification and designation.--
       ``(A) Required identification.--The Secretary shall 
     identify as a transportation management area each urbanized 
     area (as defined by the Bureau of the Census) with a 
     population of over 200,000 individuals.
       ``(B) Designations on request.--The Secretary shall 
     designate any additional area as a transportation management 
     area on the request of the Governor and the metropolitan 
     planning organization designated for the area.
       ``(2) Transportation plans.--In a transportation management 
     area, transportation plans shall be based on a continuing and 
     comprehensive transportation planning process carried out by 
     the metropolitan planning organization in cooperation with 
     the State and public transportation operators.
       ``(3) Congestion management process.--
       ``(A) In general.--Within a metropolitan planning area 
     serving a transportation management area, the transportation 
     planning process under this section shall address congestion 
     management through a process that provides for effective 
     management and operation, based on a cooperatively developed 
     and implemented metropolitan-wide strategy, of new and 
     existing transportation facilities eligible for funding under 
     this title and chapter 53 of title 49 through the use of 
     travel demand reduction and operational management 
     strategies.
       ``(B) Schedule.--The Secretary shall establish an 
     appropriate phase-in schedule for compliance with the 
     requirements of this section but no sooner than 1 year after 
     the identification of a transportation management area.
       ``(4) Selection of projects.--
       ``(A) In general.--All Federally funded projects carried 
     out within the boundaries of a metropolitan planning area 
     serving a transportation management area under this title 
     (excluding projects carried out on the National Highway 
     System) or under chapter 53 of title 49 shall be selected for 
     implementation from the approved TIP by the metropolitan 
     planning organization designated for the area in consultation 
     with the State and any affected public transportation 
     operator.
       ``(B) National highway system projects.--Projects carried 
     out within the boundaries of a metropolitan planning area 
     serving a transportation management area on the National 
     Highway System shall be selected for implementation from the 
     approved TIP by the State in cooperation with the 
     metropolitan planning organization designated for the area.
       ``(5) Certification.--
       ``(A) In general.--The Secretary shall--
       ``(i) ensure that the metropolitan planning process of a 
     metropolitan planning organization serving a transportation 
     management area is being carried out in accordance with 
     applicable provisions of Federal law; and
       ``(ii) subject to subparagraph (B), certify, not less often 
     than once every 4 years, that the requirements of this 
     paragraph are met with respect to the metropolitan planning 
     process.
       ``(B) Requirements for certification.--The Secretary may 
     make the certification under subparagraph (A) if--
       ``(i) the transportation planning process complies with the 
     requirements of this section and other applicable 
     requirements of Federal law; and
       ``(ii) there is a TIP for the metropolitan planning area 
     that has been approved by the metropolitan planning 
     organization and the Governor.
       ``(C) Effect of failure to certify.--
       ``(i) Withholding of project funds.--If a metropolitan 
     planning process of a metropolitan planning organization 
     serving a transportation management area is not certified, 
     the Secretary may withhold up to 20 percent of the funds 
     attributable to the metropolitan planning area of the 
     metropolitan planning organization for projects funded under 
     this title and chapter 53 of title 49.
       ``(ii) Restoration of withheld funds.--The withheld funds 
     shall be restored to the metropolitan planning area at such 
     time as the metropolitan planning process is certified by the 
     Secretary.
       ``(D) Review of certification.--In making certification 
     determinations under this paragraph, the Secretary shall 
     provide for public involvement appropriate to the 
     metropolitan area under review.
       ``(l) Report on Performance-based Planning Processes.--
       ``(1) In general.--The Secretary shall submit to Congress a 
     report on the effectiveness of the performance-based planning 
     processes of metropolitan planning organizations under this 
     section, taking into consideration the requirements of this 
     subsection
       ``(2) Report.--Not later than 5 years after the date of 
     enactment of the MAP-21, the Secretary shall submit to 
     Congress a report evaluating--
       ``(A) the overall effectiveness of performance-based 
     planning as a tool for guiding transportation investments;
       ``(B) the effectiveness of the performance-based planning 
     process of each metropolitan planning organization under this 
     section;
       ``(C) the extent to which metropolitan planning 
     organizations have achieved, or are currently making 
     substantial progress toward achieving, the performance 
     targets specified under this section and whether metropolitan 
     planning organizations are developing meaningful performance 
     targets; and
       ``(D) the technical capacity of metropolitan planning 
     organizations that operate within a metropolitan planning 
     area of less than 200,000 and their ability to carry out the 
     requirements of this section.
       ``(3) Publication.--The report under paragraph (2) shall be 
     published or otherwise made available in electronically 
     accessible formats and means, including on the Internet.
       ``(m) Abbreviated Plans for Certain Areas.--
       ``(1) In general.--Subject to paragraph (2), in the case of 
     a metropolitan area not designated as a transportation 
     management area under this section, the Secretary may provide 
     for the development of an abbreviated transportation plan and 
     TIP for the metropolitan planning area that the Secretary 
     determines is appropriate to achieve the purposes of this 
     section, taking into account the complexity of transportation 
     problems in the area.
       ``(2) Nonattainment areas.--The Secretary may not permit 
     abbreviated plans or TIPs for a metropolitan area that is in 
     nonattainment for ozone or carbon monoxide under the Clean 
     Air Act (42 U.S.C. 7401 et seq.).
       ``(n) Additional Requirements for Certain Nonattainment 
     Areas.--
       ``(1) In general.--Notwithstanding any other provisions of 
     this title or chapter 53 of title, for transportation 
     management areas classified as nonattainment for ozone or 
     carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 
     et seq.), Federal funds may not be advanced in such area for 
     any highway project that will result in a significant 
     increase in the carrying capacity for single-occupant 
     vehicles unless the project is addressed through a congestion 
     management process.
       ``(2) Applicability.--This subsection applies to a 
     nonattainment area within the metropolitan planning area 
     boundaries determined under subsection (e).

[[Page H4461]]

       ``(o) Limitation on Statutory Construction.--Nothing in 
     this section shall be construed to confer on a metropolitan 
     planning organization the authority to impose legal 
     requirements on any transportation facility, provider, or 
     project not eligible under this title or chapter 53 of title 
     49.
       ``(p) Funding.--Funds set aside under section 104(f) of 
     this title or section 5305(g) of title 49 shall be available 
     to carry out this section.
       ``(q) Continuation of Current Review Practice.--Since plans 
     and TIPs described in this section are subject to a 
     reasonable opportunity for public comment, since individual 
     projects included in plans and TIPs are subject to review 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), and since decisions by the Secretary 
     concerning plans and TIPs described in this section have not 
     been reviewed under that Act as of January 1, 1997, any 
     decision by the Secretary concerning a plan or TIP described 
     in this section shall not be considered to be a Federal 
     action subject to review under that Act.''.
       (b) Study on Metropolitan Planning Scenario Development.--
       (1) In general.--The Secretary shall evaluate the costs and 
     benefits associated with metropolitan planning organizations 
     developing multiple scenarios for consideration as a part of 
     the development of their metropolitan transportation plan.
       (2) Inclusions.--The evaluation shall include an analysis 
     of the technical and financial capacity of the metropolitan 
     planning organization needed to develop scenarios described 
     in paragraph (1).

     SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
                   PLANNING.

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

     ``Sec. 135. Statewide and nonmetropolitan transportation 
       planning

       ``(a) General Requirements.--
       ``(1) Development of plans and programs.--Subject to 
     section 134, to accomplish the objectives stated in section 
     134(a), each State shall develop a statewide transportation 
     plan and a statewide transportation improvement program for 
     all areas of the State.
       ``(2) Contents.--The statewide transportation plan and the 
     transportation improvement program developed for each State 
     shall provide for the development and integrated management 
     and operation of transportation systems and facilities 
     (including accessible pedestrian walkways and bicycle 
     transportation facilities) that will function as an 
     intermodal transportation system for the State and an 
     integral part of an intermodal transportation system for the 
     United States.
       ``(3) Process of development.--The process for developing 
     the statewide plan and the transportation improvement program 
     shall provide for consideration of all modes of 
     transportation and the policies stated in section 134(a) and 
     shall be continuing, cooperative, and comprehensive to the 
     degree appropriate, based on the complexity of the 
     transportation problems to be addressed.
       ``(b) Coordination With Metropolitan Planning; State 
     Implementation Plan.--A State shall--
       ``(1) coordinate planning carried out under this section 
     with the transportation planning activities carried out under 
     section 134 for metropolitan areas of the State and with 
     statewide trade and economic development planning activities 
     and related multistate planning efforts; and
       ``(2) develop the transportation portion of the State 
     implementation plan as required by the Clean Air Act (42 
     U.S.C. 7401 et seq.).
       ``(c) Interstate Agreements.--
       ``(1) In general.--Two or more States may enter into 
     agreements or compacts, not in conflict with any law of the 
     United States, for cooperative efforts and mutual assistance 
     in support of activities authorized under this section 
     related to interstate areas and localities in the States and 
     establishing authorities the States consider desirable for 
     making the agreements and compacts effective.
       ``(2) Reservation of rights.--The right to alter, amend, or 
     repeal interstate compacts entered into under this subsection 
     is expressly reserved.
       ``(d) Scope of Planning Process.--
       ``(1) In general.--Each State shall carry out a statewide 
     transportation planning process that provides for 
     consideration and implementation of projects, strategies, and 
     services that will--
       ``(A) support the economic vitality of the United States, 
     the States, nonmetropolitan areas, and metropolitan areas, 
     especially by enabling global competitiveness, productivity, 
     and efficiency;
       ``(B) increase the safety of the transportation system for 
     motorized and nonmotorized users;
       ``(C) increase the security of the transportation system 
     for motorized and nonmotorized users;
       ``(D) increase the accessibility and mobility of people and 
     freight;
       ``(E) protect and enhance the environment, promote energy 
     conservation, improve the quality of life, and promote 
     consistency between transportation improvements and State and 
     local planned growth and economic development patterns;
       ``(F) enhance the integration and connectivity of the 
     transportation system, across and between modes throughout 
     the State, for people and freight;
       ``(G) promote efficient system management and operation; 
     and
       ``(H) emphasize the preservation of the existing 
     transportation system.
       ``(2) Performance-based approach.--
       ``(A) In general.--The statewide transportation planning 
     process shall provide for the establishment and use of a 
     performance-based approach to transportation decisionmaking 
     to support the national goals described in section 150(b) of 
     this title and in section 5301(c) of title 49.
       ``(B) Performance targets.--
       ``(i) Surface transportation performance targets.--

       ``(I) In general.--Each State shall establish performance 
     targets that address the performance measures described in 
     section 150(c), where applicable, to use in tracking progress 
     towards attainment of critical outcomes for the State.
       ``(II) Coordination.--Selection of performance targets by a 
     State shall be coordinated with the relevant metropolitan 
     planning organizations to ensure consistency, to the maximum 
     extent practicable.

       ``(ii) Public transportation performance targets.--In 
     urbanized areas not represented by a metropolitan planning 
     organization, selection of performance targets by a State 
     shall be coordinated, to the maximum extent practicable, with 
     providers of public transportation to ensure consistency with 
     sections 5326(c) and 5329(d) of title 49.
       ``(C) Integration of other performance-based plans.--A 
     State shall integrate into the statewide transportation 
     planning process, directly or by reference, the goals, 
     objectives, performance measures, and targets described in 
     this paragraph, in other State transportation plans and 
     transportation processes, as well as any plans developed 
     pursuant to chapter 53 of title 49 by providers of public 
     transportation in urbanized areas not represented by a 
     metropolitan planning organization required as part of a 
     performance-based program.
       ``(D) Use of performance measures and targets.--The 
     performance measures and targets established under this 
     paragraph shall be considered by a State when developing 
     policies, programs, and investment priorities reflected in 
     the statewide transportation plan and statewide 
     transportation improvement program.
       ``(3) Failure to consider factors.--The failure to take 
     into consideration the factors specified in paragraphs (1) 
     and (2) shall not be subject to review by any court under 
     this title, chapter 53 of title 49, subchapter II of chapter 
     5 of title 5, or chapter 7 of title 5 in any matter affecting 
     a statewide transportation plan, a statewide transportation 
     improvement program, a project or strategy, or the 
     certification of a planning process.
       ``(e) Additional Requirements.--In carrying out planning 
     under this section, each State shall, at a minimum--
       ``(1) with respect to nonmetropolitan areas, cooperate with 
     affected local officials with responsibility for 
     transportation or, if applicable, through regional 
     transportation planning organizations described in subsection 
     (m);
       ``(2) consider the concerns of Indian tribal governments 
     and Federal land management agencies that have jurisdiction 
     over land within the boundaries of the State; and
       ``(3) consider coordination of transportation plans, the 
     transportation improvement program, and planning activities 
     with related planning activities being carried out outside of 
     metropolitan planning areas and between States.
       ``(f) Long-range Statewide Transportation Plan.--
       ``(1) Development.--Each State shall develop a long-range 
     statewide transportation plan, with a minimum 20-year 
     forecast period for all areas of the State, that provides for 
     the development and implementation of the intermodal 
     transportation system of the State.
       ``(2) Consultation with governments.--
       ``(A) Metropolitan areas.--The statewide transportation 
     plan shall be developed for each metropolitan area in the 
     State in cooperation with the metropolitan planning 
     organization designated for the metropolitan area under 
     section 134.
       ``(B) Nonmetropolitan areas.--
       ``(i) In general.--With respect to nonmetropolitan areas, 
     the statewide transportation plan shall be developed in 
     cooperation with affected nonmetropolitan officials with 
     responsibility for transportation or, if applicable, through 
     regional transportation planning organizations described in 
     subsection (m).
       ``(ii) Role of secretary.--The Secretary shall not review 
     or approve the consultation process in each State.
       ``(C) Indian tribal areas.--With respect to each area of 
     the State under the jurisdiction of an Indian tribal 
     government, the statewide transportation plan shall be 
     developed in consultation with the tribal government and the 
     Secretary of the Interior.
       ``(D) Consultation, comparison, and consideration.--
       ``(i) In general.--The long-range transportation plan shall 
     be developed, as appropriate, in consultation with State, 
     tribal, and local agencies responsible for land use 
     management, natural resources, environmental protection, 
     conservation, and historic preservation.
       ``(ii) Comparison and consideration.--Consultation under 
     clause (i) shall involve comparison of transportation plans 
     to State and tribal conservation plans or maps, if available, 
     and comparison of transportation plans to inventories of 
     natural or historic resources, if available.
       ``(3) Participation by interested parties.--
       ``(A) In general.--In developing the statewide 
     transportation plan, the State shall provide to--
       ``(i) nonmetropolitan local elected officials or, if 
     applicable, through regional transportation planning 
     organizations described in subsection (m), an opportunity to 
     participate in accordance with subparagraph (B)(i); and
       ``(ii) citizens, affected public agencies, representatives 
     of public transportation employees,

[[Page H4462]]

     freight shippers, private providers of transportation, 
     representatives of users of public transportation, 
     representatives of users of pedestrian walkways and bicycle 
     transportation facilities, representatives of the disabled, 
     providers of freight transportation services, and other 
     interested parties a reasonable opportunity to comment on the 
     proposed plan.
       ``(B) Methods.--In carrying out subparagraph (A), the State 
     shall, to the maximum extent practicable--
       ``(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) hold any public meetings at convenient and 
     accessible locations and times;
       ``(iii) employ visualization techniques to describe plans; 
     and
       ``(iv) make public information available in electronically 
     accessible format and means, such as the World Wide Web, as 
     appropriate to afford reasonable opportunity for 
     consideration of public information under subparagraph (A).
       ``(4) Mitigation activities.--
       ``(A) In general.--A long-range transportation plan shall 
     include a discussion of potential environmental mitigation 
     activities and potential areas to carry out these activities, 
     including activities that may have the greatest potential to 
     restore and maintain the environmental functions affected by 
     the plan.
       ``(B) Consultation.--The discussion shall be developed in 
     consultation with Federal, State, and tribal wildlife, land 
     management, and regulatory agencies.
       ``(5) Financial plan.--The statewide transportation plan 
     may include--
       ``(A) a financial plan that--
       ``(i) demonstrates how the adopted statewide transportation 
     plan can be implemented;
       ``(ii) indicates resources from public and private sources 
     that are reasonably expected to be made available to carry 
     out the plan; and
       ``(iii) recommends any additional financing strategies for 
     needed projects and programs; and
       ``(B) for illustrative purposes, additional projects that 
     would be included in the adopted statewide transportation 
     plan if reasonable additional resources beyond those 
     identified in the financial plan were available.
       ``(6) Selection of projects from illustrative list.--A 
     State shall not be required to select any project from the 
     illustrative list of additional projects included in the 
     financial plan described in paragraph (5).
       ``(7) Performance-based approach.--The statewide 
     transportation plan should include--
       ``(A) a description of the performance measures and 
     performance targets used in assessing the performance of the 
     transportation system in accordance with subsection (d)(2); 
     and
       ``(B) a system performance report and subsequent updates 
     evaluating the condition and performance of the 
     transportation system with respect to the performance targets 
     described in subsection (d)(2), including progress achieved 
     by the metropolitan planning organization in meeting the 
     performance targets in comparison with system performance 
     recorded in previous reports;
       ``(8) Existing system.--The statewide transportation plan 
     should include capital, operations and management strategies, 
     investments, procedures, and other measures to ensure the 
     preservation and most efficient use of the existing 
     transportation system.
       ``(9) Publication of long-range transportation plans.--Each 
     long-range transportation plan prepared by a State shall be 
     published or otherwise made available, including (to the 
     maximum extent practicable) in electronically accessible 
     formats and means, such as the World Wide Web.
       ``(g) Statewide Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--Each State shall develop a statewide 
     transportation improvement program for all areas of the 
     State.
       ``(B) Duration and updating of program.--Each program 
     developed under subparagraph (A) shall cover a period of 4 
     years and shall be updated every 4 years or more frequently 
     if the Governor of the State elects to update more 
     frequently.
       ``(2) Consultation with governments.--
       ``(A) Metropolitan areas.--With respect to each 
     metropolitan area in the State, the program shall be 
     developed in cooperation with the metropolitan planning 
     organization designated for the metropolitan area under 
     section 134.
       ``(B) Nonmetropolitan areas.--
       ``(i) In general.--With respect to each nonmetropolitan 
     area in the State, the program shall be developed in 
     consultation with affected nonmetropolitan local officials 
     with responsibility for transportation or, if applicable, 
     through regional transportation planning organizations 
     described in subsection (m).
       ``(ii) Role of secretary.--The Secretary shall not review 
     or approve the specific consultation process in the State.
       ``(C) Indian tribal areas.--With respect to each area of 
     the State under the jurisdiction of an Indian tribal 
     government, the program shall be developed in consultation 
     with the tribal government and the Secretary of the Interior.
       ``(3) Participation by interested parties.--In developing 
     the program, the State shall provide citizens, affected 
     public agencies, representatives of public transportation 
     employees, freight shippers, private providers of 
     transportation, providers of freight transportation services, 
     representatives of users of public transportation, 
     representatives of users of pedestrian walkways and bicycle 
     transportation facilities, representatives of the disabled, 
     and other interested parties with a reasonable opportunity to 
     comment on the proposed program.
       ``(4) Performance target achievement.--A statewide 
     transportation improvement program shall include, to the 
     maximum extent practicable, a discussion of the anticipated 
     effect of the statewide transportation improvement program 
     toward achieving the performance targets established in the 
     statewide transportation plan, linking investment priorities 
     to those performance targets.
       ``(5) Included projects.--
       ``(A) In general.--A transportation improvement program 
     developed under this subsection for a State shall include 
     Federally supported surface transportation expenditures 
     within the boundaries of the State.
       ``(B) Listing of projects.--
       ``(i) In general.--An annual listing of projects for which 
     funds have been obligated for the preceding year in each 
     metropolitan planning area shall be published or otherwise 
     made available by the cooperative effort of the State, 
     transit operator, and the metropolitan planning organization 
     for public review.
       ``(ii) Funding categories.--The listing described in clause 
     (i) shall be consistent with the funding categories 
     identified in each metropolitan transportation improvement 
     program.
       ``(C) Projects under chapter 2.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 
     shall be identified individually in the transportation 
     improvement program.
       ``(ii) Other projects.--Projects proposed for funding under 
     chapter 2 that are not determined to be regionally 
     significant shall be grouped in 1 line item or identified 
     individually in the transportation improvement program.
       ``(D) Consistency with statewide transportation plan.--Each 
     project shall be--
       ``(i) consistent with the statewide transportation plan 
     developed under this section for the State;
       ``(ii) identical to the project or phase of the project as 
     described in an approved metropolitan transportation plan; 
     and
       ``(iii) in conformance with the applicable State air 
     quality implementation plan developed under the Clean Air Act 
     (42 U.S.C. 7401 et seq.), if the project is carried out in an 
     area designated as a nonattainment area for ozone, 
     particulate matter, or carbon monoxide under part D of title 
     I of that Act (42 U.S.C. 7501 et seq.).
       ``(E) Requirement of anticipated full funding.--The 
     transportation improvement program shall include a project, 
     or an identified phase of a project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(F) Financial plan.--
       ``(i) In general.--The transportation improvement program 
     may include a financial plan that demonstrates how the 
     approved transportation improvement program can be 
     implemented, indicates resources from public and private 
     sources that are reasonably expected to be made available to 
     carry out the transportation improvement program, and 
     recommends any additional financing strategies for needed 
     projects and programs.
       ``(ii) Additional projects.--The financial plan may 
     include, for illustrative purposes, additional projects that 
     would be included in the adopted transportation plan if 
     reasonable additional resources beyond those identified in 
     the financial plan were available.
       ``(G) Selection of projects from illustrative list.--
       ``(i) No required selection.--Notwithstanding subparagraph 
     (F), a State shall not be required to select any project from 
     the illustrative list of additional projects included in the 
     financial plan under subparagraph (F).
       ``(ii) Required action by the secretary.--Action by the 
     Secretary shall be required for a State to select any project 
     from the illustrative list of additional projects included in 
     the financial plan under subparagraph (F) for inclusion in an 
     approved transportation improvement program.
       ``(H) Priorities.--The transportation improvement program 
     shall reflect the priorities for programming and expenditures 
     of funds, including transportation enhancement activities, 
     required by this title and chapter 53 of title 49.
       ``(6) Project selection for areas of less than 50,000 
     population.--
       ``(A) In general.--Projects carried out in areas with 
     populations of less than 50,000 individuals shall be 
     selected, from the approved transportation improvement 
     program (excluding projects carried out on the National 
     Highway System and projects carried out under the bridge 
     program or the Interstate maintenance program under this 
     title or under sections 5310 and 5311 of title 49), by the 
     State in cooperation with the affected nonmetropolitan local 
     officials with responsibility for transportation or, if 
     applicable, through regional transportation planning 
     organizations described in subsection (m).
       ``(B) Other projects.--Projects carried out in areas with 
     populations of less than 50,000 individuals on the National 
     Highway System or under the bridge program or the Interstate 
     maintenance program under this title or under sections 5310, 
     5311, 5316, and 5317 of title 49 shall be selected, from the 
     approved statewide transportation improvement program, by the 
     State in consultation with the affected nonmetropolitan local 
     officials with responsibility for transportation.
       ``(7) Transportation improvement program approval.--Every 4 
     years, a transportation improvement program developed under 
     this subsection shall be reviewed and approved by the 
     Secretary if based on a current planning finding.
       ``(8) Planning finding.--A finding shall be made by the 
     Secretary at least every 4 years that the transportation 
     planning process through which statewide transportation plans 
     and programs are developed is consistent with this section 
     and section 134.
       ``(9) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to

[[Page H4463]]

     advance a project included in the approved transportation 
     improvement program in place of another project in the 
     program.
       ``(h) Performance-based Planning Processes Evaluation.--
       ``(1) In general.--The Secretary shall establish criteria 
     to evaluate the effectiveness of the performance-based 
     planning processes of States, taking into consideration the 
     following:
       ``(A) The extent to which the State is making progress 
     toward achieving, the performance targets described in 
     subsection (d)(2), taking into account whether the State 
     developed appropriate performance targets.
       ``(B) The extent to which the State has made transportation 
     investments that are efficient and cost-effective.
       ``(C) The extent to which the State--
       ``(i) has developed an investment process that relies on 
     public input and awareness to ensure that investments are 
     transparent and accountable; and
       ``(ii) provides reports allowing the public to access the 
     information being collected in a format that allows the 
     public to meaningfully assess the performance of the State.
       ``(2) Report.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of the MAP-21, the Secretary shall submit to 
     Congress a report evaluating--
       ``(i) the overall effectiveness of performance-based 
     planning as a tool for guiding transportation investments; 
     and
       ``(ii) the effectiveness of the performance-based planning 
     process of each State.
       ``(B) Publication.--The report under subparagraph (A) shall 
     be published or otherwise made available in electronically 
     accessible formats and means, including on the Internet.
       ``(i) Funding.--Funds apportioned under section 104(b)(5) 
     of this title and set aside under section 5305(g) of title 49 
     shall be available to carry out this section.
       ``(j) Treatment of Certain State Laws as Congestion 
     Management Processes.--For purposes of this section and 
     section 134, and sections 5303 and 5304 of title 49, State 
     laws, rules, or regulations pertaining to congestion 
     management systems or programs may constitute the congestion 
     management process under this section and section 134, and 
     sections 5303 and 5304 of title 49, if the Secretary finds 
     that the State laws, rules, or regulations are consistent 
     with, and fulfill the intent of, the purposes of this section 
     and section 134 and sections 5303 and 5304 of title 49, as 
     appropriate.
       ``(k) Continuation of Current Review Practice.--Since the 
     statewide transportation plan and the transportation 
     improvement program described in this section are subject to 
     a reasonable opportunity for public comment, since individual 
     projects included in the statewide transportation plans and 
     the transportation improvement program are subject to review 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), and since decisions by the Secretary 
     concerning statewide transportation plans or the 
     transportation improvement program described in this section 
     have not been reviewed under that Act as of January 1, 1997, 
     any decision by the Secretary concerning a metropolitan or 
     statewide transportation plan or the transportation 
     improvement program described in this section shall not be 
     considered to be a Federal action subject to review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(l) Schedule for Implementation.--The Secretary shall 
     issue guidance on a schedule for implementation of the 
     changes made by this section, taking into consideration the 
     established planning update cycle for States. The Secretary 
     shall not require a State to deviate from its established 
     planning update cycle to implement changes made by this 
     section. States shall reflect changes made to their 
     transportation plan or transportation improvement program 
     updates not later than 2 years after the date of issuance of 
     guidance by the Secretary under this subsection.
       ``(m) Designation of Regional Transportation Planning 
     Organizations.--
       ``(1) In general.--To carry out the transportation planning 
     process required by this section, a State may establish and 
     designate regional transportation planning organizations to 
     enhance the planning, coordination, and implementation of 
     statewide strategic long-range transportation plans and 
     transportation improvement programs, with an emphasis on 
     addressing the needs of nonmetropolitan areas of the State.
       ``(2) Structure.--A regional transportation planning 
     organization shall be established as a multijurisdictional 
     organization of nonmetropolitan local officials or their 
     designees who volunteer for such organization and 
     representatives of local transportation systems who volunteer 
     for such organization.
       ``(3) Requirements.--A regional transportation planning 
     organization shall establish, at a minimum--
       ``(A) a policy committee, the majority of which shall 
     consist of nonmetropolitan local officials, or their 
     designees, and, as appropriate, additional representatives 
     from the State, private business, transportation service 
     providers, economic development practitioners, and the public 
     in the region; and
       ``(B) a fiscal and administrative agent, such as an 
     existing regional planning and development organization, to 
     provide professional planning, management, and administrative 
     support.
       ``(4) Duties.--The duties of a regional transportation 
     planning organization shall include--
       ``(A) developing and maintaining, in cooperation with the 
     State, regional long-range multimodal transportation plans;
       ``(B) developing a regional transportation improvement 
     program for consideration by the State;
       ``(C) fostering the coordination of local planning, land 
     use, and economic development plans with State, regional, and 
     local transportation plans and programs;
       ``(D) providing technical assistance to local officials;
       ``(E) participating in national, multistate, and State 
     policy and planning development processes to ensure the 
     regional and local input of nonmetropolitan areas;
       ``(F) providing a forum for public participation in the 
     statewide and regional transportation planning processes;
       ``(G) considering and sharing plans and programs with 
     neighboring regional transportation planning organizations, 
     metropolitan planning organizations, and, where appropriate, 
     tribal organizations; and
       ``(H) conducting other duties, as necessary, to support and 
     enhance the statewide planning process under subsection (d).
       ``(5) States without regional transportation planning 
     organizations.--If a State chooses not to establish or 
     designate a regional transportation planning organization, 
     the State shall consult with affected nonmetropolitan local 
     officials to determine projects that may be of regional 
     significance.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 135 and inserting the following:

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

     SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT 
                   MEASURES.

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

     ``Sec. 150. National goals and performance management 
       measures

       ``(a) Declaration of Policy.--Performance management will 
     transform the Federal-aid highway program and provide a means 
     to the most efficient investment of Federal transportation 
     funds by refocusing on national transportation goals, 
     increasing the accountability and transparency of the 
     Federal-aid highway program, and improving project 
     decisionmaking through performance-based planning and 
     programming.
       ``(b) National Goals.--It is in the interest of the United 
     States to focus the Federal-aid highway program on the 
     following national goals:
       ``(1) Safety.--To achieve a significant reduction in 
     traffic fatalities and serious injuries on all public roads.
       ``(2) Infrastructure condition.--To maintain the highway 
     infrastructure asset system in a state of good repair.
       ``(3) Congestion reduction.--To achieve a significant 
     reduction in congestion on the National Highway System.
       ``(4) System reliability.--To improve the efficiency of the 
     surface transportation system.
       ``(5) Freight movement and economic vitality.--To improve 
     the national freight network, strengthen the ability of rural 
     communities to access national and international trade 
     markets, and support regional economic development.
       ``(6) Environmental sustainability.--To enhance the 
     performance of the transportation system while protecting and 
     enhancing the natural environment.
       ``(7) Reduced project delivery delays.--To reduce project 
     costs, promote jobs and the economy, and expedite the 
     movement of people and goods by accelerating project 
     completion through eliminating delays in the project 
     development and delivery process, including reducing 
     regulatory burdens and improving agencies' work practices.
       ``(c) Establishment of Performance Measures.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the MAP-21, the Secretary, in consultation 
     with State departments of transportation, metropolitan 
     planning organizations, and other stakeholders, shall 
     promulgate a rulemaking that establishes performance measures 
     and standards.
       ``(2) Administration.--In carrying out paragraph (1), the 
     Secretary shall--
       ``(A) provide States, metropolitan planning organizations, 
     and other stakeholders not less than 90 days to comment on 
     any regulation proposed by the Secretary under that 
     paragraph;
       ``(B) take into consideration any comments relating to a 
     proposed regulation received during that comment period; and
       ``(C) limit performance measures only to those described in 
     this subsection.
       ``(3) National highway performance program.--
       ``(A) In general.--Subject to subparagraph (B), for the 
     purpose of carrying out section 119, the Secretary shall 
     establish --
       ``(i) minimum standards for States to use in developing and 
     operating bridge and pavement management systems;
       ``(ii) measures for States to use to assess--

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

       ``(iii) minimum levels for the condition of pavement on the 
     Interstate System, only for the purposes of carrying out 
     section 119(f)(1); and
       ``(iv) the data elements that are necessary to collect and 
     maintain standardized data to carry out a performance-based 
     approach.
       ``(B) Regions.--In establishing minimum condition levels 
     under subparagraph (A)(iii), if the

[[Page H4464]]

     Secretary determines that various geographic regions of the 
     United States experience disparate factors contributing to 
     the condition of pavement on the Interstate System in those 
     regions, the Secretary may establish different minimum levels 
     for each region;
       ``(4) Highway safety improvement program.--For the purpose 
     of carrying out section 148, the Secretary shall establish 
     measures for States to use to assess--
       ``(A) serious injuries and fatalities per vehicle mile 
     traveled; and
       ``(B) the number of serious injuries and fatalities.
       ``(5) Congestion mitigation and air quality program.--For 
     the purpose of carrying out section 149, the Secretary shall 
     establish measures for States to use to assess--
       ``(A) traffic congestion; and
       ``(B) on-road mobile source emissions.
       ``(6) National freight movement.--The Secretary shall 
     establish measures for States to use to assess freight 
     movement on the Interstate System.
       ``(d) Establishment of Performance Targets.--
       ``(1) In general.--Not later than 1 year after the 
     Secretary has promulgated the final rulemaking under 
     subsection (c), each State shall set performance targets that 
     reflect the measures identified in paragraphs (3), (4), (5), 
     and (6) of subsection (c).
       ``(2) Different approaches for urban and rural areas.--In 
     the development and implementation of any performance target, 
     a State may, as appropriate, provide for different 
     performance targets for urbanized and rural areas.
       ``(e) Reporting on Performance Targets.--Not later than 4 
     years after the date of enactment of the MAP-21 and 
     biennially thereafter, a State shall submit to the Secretary 
     a report that describes--
       ``(1) the condition and performance of the National Highway 
     System in the State;
       ``(2) the effectiveness of the investment strategy document 
     in the State asset management plan for the National Highway 
     System;
       ``(3) progress in achieving performance targets identified 
     under subsection (d); and
       ``(4) the ways in which the State is addressing congestion 
     at freight bottlenecks, including those identified in the 
     National Freight Strategic Plan, within the State.''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 150 and inserting the following:

``150. National goals and performance management measures.''.
              Subtitle C--Acceleration of Project Delivery

     SEC. 1301. DECLARATION OF POLICY AND PROJECT DELIVERY 
                   INITIATIVE.

       (a) In General.--It is the policy of the United States 
     that--
       (1) it is in the national interest for the Department, 
     State departments of transportation, transit agencies, and 
     all other recipients of Federal transportation funds--
       (A) to accelerate project delivery and reduce costs; and
       (B) to ensure that the planning, design, engineering, 
     construction, and financing of transportation projects is 
     done in an efficient and effective manner, promoting 
     accountability for public investments and encouraging greater 
     private sector involvement in project financing and delivery 
     while enhancing safety and protecting the environment;
       (2) delay in the delivery of transportation projects 
     increases project costs, harms the economy of the United 
     States, and impedes the travel of the people of the United 
     States and the shipment of goods for the conduct of commerce; 
     and
       (3) the Secretary shall identify and promote the deployment 
     of innovation aimed at reducing the time and money required 
     to deliver transportation projects while enhancing safety and 
     protecting the environment.
       (b) Project Delivery Initiative.--
       (1) In general.--To advance the policy described in 
     subsection (a), the Secretary shall carry out a project 
     delivery initiative under this section.
       (2) Purposes.--The purposes of the project delivery 
     initiative shall be--
       (A) to develop and advance the use of best practices to 
     accelerate project delivery and reduce costs across all modes 
     of transportation and expedite the deployment of technology 
     and innovation;
       (B) to implement provisions of law designed to accelerate 
     project delivery; and
       (C) to select eligible projects for applying experimental 
     features to test innovative project delivery techniques.
       (3) Advancing the use of best practices.--
       (A) In general.--In carrying out the initiative under this 
     section, the Secretary shall identify and advance best 
     practices to reduce delivery time and project costs, from 
     planning through construction, for transportation projects 
     and programs of projects regardless of mode and project size.
       (B) Administration.--To advance the use of best practices, 
     the Secretary shall--
       (i) engage interested parties, affected communities, 
     resource agencies, and other stakeholders to gather 
     information regarding opportunities for accelerating project 
     delivery and reducing costs;
       (ii) establish a clearinghouse for the collection, 
     documentation, and advancement of existing and new innovative 
     approaches and best practices;
       (iii) disseminate information through a variety of means to 
     transportation stakeholders on new innovative approaches and 
     best practices; and
       (iv) provide technical assistance to assist transportation 
     stakeholders in the use of flexibility authority to resolve 
     project delays and accelerate project delivery if feasible.
       (4) Implementation of accelerated project delivery.--The 
     Secretary shall ensure that the provisions of this subtitle 
     designed to accelerate project delivery are fully 
     implemented, including--
       (A) expanding eligibility of early acquisition of property 
     prior to completion of environmental review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.);
       (B) allowing the use of the construction manager or general 
     contractor method of contracting in the Federal-aid highway 
     system; and
       (C) establishing a demonstration program to streamline the 
     relocation process by permitting a lump-sum payment for 
     acquisition and relocation if elected by the displaced 
     occupant.
       (c) Expedited Project Delivery.--Section 101(b) of title 
     23, United States Code, is amended by adding at the end the 
     following:
       ``(4) Expedited project delivery.--
       ``(A) In general.--Congress declares that it is in the 
     national interest to expedite the delivery of surface 
     transportation projects by substantially reducing the average 
     length of the environmental review process.
       ``(B) Policy of the united states.--Accordingly, it is the 
     policy of the United States that--
       ``(i) the Secretary shall have the lead role among Federal 
     agencies in carrying out the environmental review process for 
     surface transportation projects;
       ``(ii) each Federal agency shall cooperate with the 
     Secretary to expedite the environmental review process for 
     surface transportation projects;
       ``(iii) project sponsors shall not be prohibited from 
     carrying out preconstruction project development activities 
     concurrently with the environmental review process;
       ``(iv) programmatic approaches shall be used to reduce the 
     need for project-by-project reviews and decisions by Federal 
     agencies; and
       ``(v) the Secretary shall identify opportunities for 
     project sponsors to assume responsibilities of the Secretary 
     where such responsibilities can be assumed in a manner that 
     protects public health, the environment, and public 
     participation.''.

     SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.

       (a) Real Property Interests.--Section 108 of title 23, 
     United States Code, is amended--
       (1) by striking ``real property'' each place it appears and 
     inserting ``real property interests'';
       (2) by striking ``right-of-way'' each place it appears and 
     inserting ``real property interest''; and
       (3) by striking ``rights-of-way'' each place it appears and 
     inserting ``real property interests''.
       (b) State-funded Early Acquisition of Real Property 
     Interests.--Section 108(c) of title 23, United States Code, 
     is amended--
       (1) in the subsection heading, by striking ``Early 
     Acquisition of Rights-of-way'' and inserting ``State-funded 
     Early Acquisition of Real Property Interests'';
       (2) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (3) in paragraph (2) (as so redesignated)--
       (A) in the heading, by striking ``General rule'' and 
     inserting ``Eligibility for reimbursement''; and
       (B) by striking ``Subject to paragraph (2)'' and inserting 
     ``Subject to paragraph (3)'';
       (4) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) In general.--A State may carry out, at the expense of 
     the State, acquisitions of interests in real property for a 
     project before completion of the review process required for 
     the project under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) without affecting subsequent 
     approvals required for the project by the State or any 
     Federal agency.''; and
       (5) in paragraph (3) (as so redesignated)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``in paragraph (1)'' and inserting ``in paragraph (2)''; and
       (B) in subparagraph (G), by striking ``both the Secretary 
     and the Administrator of the Environmental Protection Agency 
     have concurred'' and inserting ``the Secretary has 
     determined''.
       (c) Federally Funded Acquisition of Real Property 
     Interests.--Section 108 of title 23, United States Code, is 
     amended by adding at the end the following:
       ``(d) Federally Funded Early Acquisition of Real Property 
     Interests.--
       ``(1) Definition of acquisition of a real property 
     interest.--In this subsection, the term `acquisition of a 
     real property interest' includes the acquisition of--
       ``(A) any interest in land;
       ``(B) a contractual right to acquire any interest in land; 
     or
       ``(C) any other similar action to acquire or preserve 
     rights-of-way for a transportation facility.
       ``(2) Authorization.--The Secretary may authorize the use 
     of funds apportioned to a State under this title for the 
     acquisition of a real property interest by a State.
       ``(3) State certification.--A State requesting Federal 
     funding for an acquisition of a real property interest shall 
     certify in writing, with concurrence by the Secretary, that--
       ``(A) the State has authority to acquire the real property 
     interest under State law; and
       ``(B) the acquisition of the real property interest--
       ``(i) is for a transportation purpose;
       ``(ii) will not cause any significant adverse environmental 
     impact;
       ``(iii) will not limit the choice of reasonable 
     alternatives for the project or otherwise influence the 
     decision of the Secretary on any approval required for the 
     project;
       ``(iv) does not prevent the lead agency from making an 
     impartial decision as to whether to accept an alternative 
     that is being considered in the environmental review process;
       ``(v) is consistent with the State transportation planning 
     process under section 135;
       ``(vi) complies with other applicable Federal laws 
     (including regulations);

[[Page H4465]]

       ``(vii) will be acquired through negotiation, without the 
     threat of condemnation; and
       ``(viii) will not result in a reduction or elimination of 
     benefits or assistance to a displaced person required by the 
     Uniform Relocation Assistance and Real Property Acquisition 
     Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of 
     the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
       ``(4) Environmental compliance.--
       ``(A) In general.--Before authorizing Federal funding for 
     an acquisition of a real property interest, the Secretary 
     shall complete the review process under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to the acquisition of the real property 
     interest.
       ``(B) Independent utility.--The acquisition of a real 
     property interest--
       ``(i) shall be treated as having independent utility for 
     purposes of the review process under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
     and
       ``(ii) shall not limit consideration of alternatives for 
     future transportation improvements with respect to the real 
     property interest.
       ``(5) Programming.--
       ``(A) In general.--The acquisition of a real property 
     interest for which Federal funding is requested shall be 
     included as a project in an applicable transportation 
     improvement program under sections 134 and 135 and sections 
     5303 and 5304 of title 49.
       ``(B) Acquisition project.--The acquisition project may 
     consist of the acquisition of a specific parcel, a portion of 
     a transportation corridor, or an entire transportation 
     corridor.
       ``(6) Development.--Real property interests acquired under 
     this subsection may not be developed in anticipation of a 
     project until all required environmental reviews for the 
     project have been completed.
       ``(7) Reimbursement.--If Federal-aid reimbursement is made 
     for real property interests acquired early under this section 
     and the real property interests are not subsequently 
     incorporated into a project eligible for surface 
     transportation funds within the time allowed by subsection 
     (a)(2), the Secretary shall offset the amount reimbursed 
     against funds apportioned to the State.
       ``(8) Other requirements and conditions.--
       ``(A) Applicable law.--The acquisition of a real property 
     interest shall be carried out in compliance with all 
     requirements applicable to the acquisition of real property 
     interests for federally funded transportation projects.
       ``(B) Additional conditions.--The Secretary may establish 
     such other conditions or restrictions on acquisitions under 
     this subsection as the Secretary determines to be 
     appropriate.''.

     SEC. 1303. LETTING OF CONTRACTS.

       (a) Efficiencies in Contracting.--Section 112(b) of title 
     23, United States Code, is amended by adding at the end the 
     following:
       ``(4) Method of contracting.--
       ``(A) In general.--
       ``(i) 2-phase contract.--A contracting agency may award a 
     2-phase contract to a construction manager or general 
     contractor for preconstruction and construction services.
       ``(ii) Preconstruction services phase.--In the 
     preconstruction services phase of a contract under this 
     paragraph, the contractor shall provide the contracting 
     agency with advice for scheduling, work sequencing, cost 
     engineering, constructability, cost estimating, and risk 
     identification.
       ``(iii) Agreement.--Prior to the start of the construction 
     services phase, the contracting agency and the contractor may 
     agree to a price and other factors specified in regulation 
     for the construction of the project or a portion of the 
     project.
       ``(iv) Construction phase.--If an agreement is reached 
     under clause (iii), the contractor shall be responsible for 
     the construction of the project or portion of the project at 
     the negotiated price and in compliance with the other factors 
     specified in the agreement.
       ``(B) Selection.--A contract shall be awarded to a 
     contractor under this paragraph using a competitive selection 
     process based on qualifications, experience, best value, or 
     any other combination of factors considered appropriate by 
     the contracting agency.
       ``(C) Timing.--
       ``(i) Relationship to nepa process.--Prior to the 
     completion of the environmental review process required under 
     section 102 of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332), a contracting agency may--

       ``(I) issue requests for proposals;
       ``(II) proceed with the award of a contract for 
     preconstruction services under subparagraph (A)(ii); and
       ``(III) issue notices to proceed with a preliminary design 
     and any work related to preliminary design, to the extent 
     that those actions do not limit any reasonable range of 
     alternatives.

       ``(ii) Construction services phase.--A contracting agency 
     shall not proceed with the award of the construction services 
     phase of a contract under subparagraph (A)(iv) and shall not 
     proceed, or permit any consultant or contractor to proceed, 
     with final design or construction until completion of the 
     environmental review process required under section 102 of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332).
       ``(iii) Approval requirement.--Prior to authorizing 
     construction activities, the Secretary shall approve--

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

       ``(iv) Design activities.--

       ``(I) In general.--A contracting agency may proceed, at the 
     expense of the contracting agency, with design activities at 
     any level of detail for a project before completion of the 
     review process required for the project under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     without affecting subsequent approvals required for the 
     project.
       ``(II) Reimbursement.--Design activities carried out under 
     subclause (I) shall be eligible for Federal reimbursement as 
     a project expense in accordance with the requirements under 
     section 109(r).

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

     SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.

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

     SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
                   DECISIONMAKING.

       (a) Flexibility.--Section 139(b) of title 23, United States 
     Code, is amended--
       (1) in paragraph (2) by inserting ``, and any requirements 
     established under this section may be satisfied,'' after 
     ``exercised''; and
       (2) by adding at the end the following:
       ``(3) Programmatic compliance.--
       ``(A) In general.--The Secretary shall initiate a 
     rulemaking to allow for the use of programmatic approaches to 
     conduct environmental reviews that--
       ``(i) eliminate repetitive discussions of the same issues;
       ``(ii) focus on the actual issues ripe for analyses at each 
     level of review; and
       ``(iii) are consistent with--

       ``(I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(II) other applicable laws.

       ``(B) Requirements.--In carrying out subparagraph (A), the 
     Secretary shall--
       ``(i) before initiating the rulemaking under that 
     subparagraph, consult with relevant Federal agencies and 
     State resource agencies, State departments of transportation, 
     Indian tribes, and the public on the appropriate use and 
     scope of the programmatic approaches;
       ``(ii) emphasize the importance of collaboration among 
     relevant Federal agencies, State

[[Page H4466]]

     agencies, and Indian tribes in undertaking programmatic 
     reviews, especially with respect to including reviews with a 
     broad geographic scope;
       ``(iii) ensure that the programmatic reviews--

       ``(I) promote transparency, including of the analyses and 
     data used in the environmental reviews, the treatment of any 
     deferred issues raised by agencies or the public, and the 
     temporal and special scales to be used to analyze such 
     issues;
       ``(II) use accurate and timely information in reviews, 
     including--

       ``(aa) criteria for determining the general duration of the 
     usefulness of the review; and
       ``(bb) the timeline for updating any out-of-date review;

       ``(III) describe--

       ``(aa) the relationship between programmatic analysis and 
     future tiered analysis; and
       ``(bb) the role of the public in the creation of future 
     tiered analysis; and

       ``(IV) are available to other relevant Federal and State 
     agencies, Indian tribes, and the public;

       ``(iv) allow not fewer than 60 days of public notice and 
     comment on any proposed rule; and
       ``(v) address any comments received under clause (iv).''.
       (b) Federal Lead Agency.--Section 139(c) of title 23, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``The Department of Transportation'' and 
     inserting the following:
       ``(A) In general.--The Department of Transportation''; and
       (B) by adding at the end the following:
       ``(B) Modal administration.--If the project requires 
     approval from more than 1 modal administration within the 
     Department, the Secretary may designate a single modal 
     administration to serve as the Federal lead agency for the 
     Department in the environmental review process for the 
     project.''.
       (c) Participating Agencies.--Section 139(d) of title 23, 
     United States Code, is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4) Effect of designation.--
       ``(A) Requirement.--A participating agency shall comply 
     with the requirements of this section.
       ``(B) Implication.--Designation as a participating agency 
     under this subsection shall not imply that the participating 
     agency--
       ``(i) supports a proposed project; or
       ``(ii) has any jurisdiction over, or special expertise with 
     respect to evaluation of, the project.''; and
       (2) by striking paragraph (7) and inserting the following:
       ``(7) Concurrent reviews.--Each participating agency and 
     cooperating agency shall--
       ``(A) carry out the obligations of that agency under other 
     applicable law concurrently, and in conjunction, with the 
     review required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), unless doing so would 
     impair the ability of the Federal agency to conduct needed 
     analysis or otherwise carry out those obligations; and
       ``(B) formulate and implement administrative, policy, and 
     procedural mechanisms to enable the agency to ensure 
     completion of the environmental review process in a timely, 
     coordinated, and environmentally responsible manner.''.
       (d) Project Initiation.--Section 139(e) of title 23, United 
     States Code, is amended--
       (1) by striking ``The project sponsor'' and inserting the 
     following:
       ``(1) In general.--The project sponsor''; and
       (2) by adding at the end the following:
       ``(2) Submission of documents.--The project sponsor may 
     satisfy the requirement under paragraph (1) by submitting to 
     the Secretary any relevant documents containing the 
     information described in that paragraph, including a draft 
     notice for publication in the Federal Register announcing the 
     preparation of an environmental review for the project.''.
       (e) Coordination and Scheduling.--Section 139(g)(1)(B)(i) 
     of title 23, United States Code, is amended by inserting 
     ``and the concurrence of'' after ``consultation with''.

     SEC. 1306. ACCELERATED DECISIONMAKING.

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

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

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

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

       ``(ii) Referral to the president.--If a resolution is not 
     achieved by not later than 30 days after the date of the 
     meeting convened by the Council on Environmental Quality 
     under clause (i)(II), the Secretary shall refer the matter 
     directly to the President.
       ``(6) Financial penalty provisions.--
       ``(A) In general.--A Federal agency of jurisdiction over an 
     approval required for a project under applicable laws shall 
     complete any required approval on an expeditious basis using 
     the shortest existing applicable process.
       ``(B) Failure to decide.--
       ``(i) In general.--If an agency described in subparagraph 
     (A) fails to render a decision under any Federal law relating 
     to a project that requires the preparation of an 
     environmental impact statement or environmental assessment, 
     including the issuance or denial of a permit, license, or 
     other approval by the date described in clause (ii), an 
     amount of funding equal to the amounts specified in subclause 
     (I) or (II) shall be rescinded from the applicable office of 
     the head of the agency, or equivalent office to which the 
     authority for rendering the decision has been delegated by 
     law by not later than 1 day after the applicable date under 
     clause (ii), and once each week thereafter until a final 
     decision is rendered, subject to subparagraph (C)--

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

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

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

       ``(C) Limitations.--
       ``(i) In general.--No rescission of funds under 
     subparagraph (B) relating to an individual project shall 
     exceed, in any fiscal year, an amount equal to 2.5 percent of 
     the funds made available for the applicable agency office.
       ``(ii) Failure to decide.--The total amount rescinded in a 
     fiscal year as a result of a failure by an agency to make a 
     decision by an applicable deadline shall not exceed an amount 
     equal to 7 percent of the funds made available for the 
     applicable agency office for that fiscal year.
       ``(D) No fault of agency.--A rescission of funds under this 
     paragraph shall not be made if the lead agency for the 
     project certifies that--
       ``(i) the agency has not received necessary information or 
     approvals from another entity, such as the project sponsor, 
     in a manner that affects the ability of the agency to meet 
     any requirements under State, local, or Federal law; or
       ``(ii) significant new information or circumstances, 
     including a major modification to an aspect of the project, 
     requires additional analysis for the agency to make a 
     decision on the project application.

[[Page H4467]]

       ``(E) Limitation.--The Federal agency with jurisdiction for 
     the decision from which funds are rescinded pursuant to this 
     paragraph shall not reprogram funds to the office of the head 
     of the agency, or equivalent office, to reimburse that office 
     for the loss of the funds.
       ``(F) Audits.--In any fiscal year in which any funds are 
     rescinded from a Federal agency pursuant to this paragraph, 
     the Inspector General of that agency shall--
       ``(i) conduct an audit to assess compliance with the 
     requirements of this paragraph; and
       ``(ii) not later than 120 days after the end of the fiscal 
     year during which the rescission occurred, 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 describing the reasons why 
     the transfers were levied, including allocations of 
     resources.
       ``(G) Effect of paragraph.--Nothing in this paragraph 
     affects or limits the application of, or obligation to comply 
     with, any Federal, State, local, or tribal law.
       ``(7) Expedient decisions and reviews.--To ensure that 
     Federal environmental decisions and reviews are expeditiously 
     made--
       ``(A) adequate resources made available under this title 
     shall be devoted to ensuring that applicable environmental 
     reviews under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) are completed on an expeditious 
     basis and that the shortest existing applicable process under 
     that Act is implemented; and
       ``(B) the President shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate, not less frequently than once every 120 
     days after the date of enactment of the MAP-21, a report on 
     the status and progress of the following projects and 
     activities funded under this title with respect to compliance 
     with applicable requirements under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.):
       ``(i) Projects and activities required to prepare an annual 
     financial plan under section 106(i).
       ``(ii) A sample of not less than 5 percent of the projects 
     requiring preparation of an environmental impact statement or 
     environmental assessment in each State.''.

     SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES.

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

     SEC. 1308. LIMITATIONS ON CLAIMS.

       Section 139(l) of title 23, United States Code, is 
     amended--
       (1) in paragraph (1) by striking ``180 days'' and inserting 
     ``150 days''; and
       (2) in paragraph (2) by striking ``180 days'' and inserting 
     ``150 days''.

     SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS WITHIN 
                   4 YEARS.

       Section 139 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(m) Enhanced Technical Assistance and Accelerated Project 
     Completion.--
       ``(1) Definition of covered project.--In this subsection, 
     the term `covered project' means a project--
       ``(A) that has an ongoing environmental impact statement 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       ``(B) for which at least 2 years, beginning on the date on 
     which a notice of intent is issued, have elapsed without the 
     issuance of a record of decision.
       ``(2) Technical assistance.--At the request of a project 
     sponsor or the Governor of a State in which a project is 
     located, the Secretary shall provide additional technical 
     assistance to resolve for a covered project any outstanding 
     issues and project delay, including by--
       ``(A) providing additional staff, training, and expertise;
       ``(B) facilitating interagency coordination;
       ``(C) promoting more efficient collaboration; and
       ``(D) supplying specialized onsite assistance.
       ``(3) Scope of work.--
       ``(A) In general.--In providing technical assistance for a 
     covered project under this subsection, the Secretary shall 
     establish a scope of work that describes the actions that the 
     Secretary will take to resolve the outstanding issues and 
     project delays, including establishing a schedule under 
     subparagraph (B).
       ``(B) Schedule.--
       ``(i) In general.--The Secretary shall establish and meet a 
     schedule for the completion of any permit, approval, review, 
     or study, required for the covered project by the date that 
     is not later than 4 years after the date on which a notice of 
     intent for the covered project is issued.
       ``(ii) Inclusions.--The schedule under clause (i) shall--

       ``(I) comply with all applicable laws;
       ``(II) require the concurrence of the Council on 
     Environmental Quality and each participating agency for the 
     project with the State in which the project is located or the 
     project sponsor, as applicable; and
       ``(III) reflect any new information that becomes available 
     and any changes in circumstances that may result in new 
     significant impacts that could affect the timeline for 
     completion of any permit, approval, review, or study required 
     for the covered project.

       ``(4) Consultation.--In providing technical assistance for 
     a covered project under this subsection, the Secretary shall 
     consult, if appropriate, with resource and participating 
     agencies on all methods available to resolve the outstanding 
     issues and project delays for a covered project as 
     expeditiously as possible.
       ``(5) Enforcement.--
       ``(A) In general.--All provisions of this section shall 
     apply to this subsection, including the financial penalty 
     provisions under subsection (h)(6).
       ``(B) Restriction.--If the Secretary enforces this 
     subsection under subsection (h)(6), the Secretary may use a 
     date included in a schedule under paragraph (3)(B) that is 
     created pursuant to and is in compliance with this subsection 
     in lieu of the dates under subsection (h)(6)(B)(ii).''.

     SEC. 1310. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.

       (a) In General.--Chapter 1 of title 23, United States Code 
     (as amended by section 1115(a)), is amended by adding at the 
     end the following:

     ``Sec. 168. Integration of planning and environmental review

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Environmental review process.--The term 
     `environmental review process' means the process for 
     preparing for a project an environmental impact statement, 
     environmental assessment, categorical exclusion, or other 
     document prepared under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).
       ``(2) Planning product.--The term `planning product' means 
     a detailed and timely decision, analysis, study, or other 
     documented information that--
       ``(A) is the result of an evaluation or decisionmaking 
     process carried out during transportation planning, including 
     a detailed corridor plan or a transportation plan developed 
     under section 134 that fully analyzes impacts on mobility, 
     adjacent communities, and the environment;
       ``(B) is intended to be carried into the transportation 
     project development process; and
       ``(C) has been approved by the State, all local and tribal 
     governments where the project is located, and by any relevant 
     metropolitan planning organization.
       ``(3) Project.--The term `project' has the meaning given 
     the term in section 139(a).
       ``(4) Project sponsor.--The term `project sponsor' has the 
     meaning given the term in section 139(a).
       ``(b) Adoption of Planning Products for Use in NEPA 
     Proceedings.--
       ``(1) In general.--Subject to the conditions set forth in 
     subsection (d), the Federal lead agency for a project may 
     adopt and use a planning product in proceedings relating to 
     any class of action in the environmental review process of 
     the project.
       ``(2) Identification.--When the Federal lead agency makes a 
     determination to adopt and use a planning product, the 
     Federal lead agency shall identify those agencies that 
     participated in the development of the planning products.
       ``(3) Partial adoption of planning products.--The Federal 
     lead agency may adopt a planning product under paragraph (1) 
     in its entirety or may select portions for adoption.
       ``(4) Timing.--A determination under paragraph (1) with 
     respect to the adoption of a planning product may be made at 
     the time the lead agencies decide the appropriate scope of 
     environmental review for the project but may also occur later 
     in the environmental review process, as appropriate.
       ``(c) Applicability.--
       ``(1) Planning decisions.--Planning decisions that may be 
     adopted pursuant to this section include--
       ``(A) whether tolling, private financial assistance, or 
     other special financial measures are necessary to implement 
     the project;
       ``(B) a decision with respect to modal choice, including a 
     decision to implement corridor or subarea study 
     recommendations to advance different modal solutions as 
     separate projects with independent utility;
       ``(C) a basic description of the environmental setting;
       ``(D) a decision with respect to methodologies for 
     analysis; and
       ``(E) an identification of programmatic level mitigation 
     for potential impacts that the Federal lead agency, in 
     consultation with Federal, State, local, and tribal resource 
     agencies, determines are most effectively addressed at a 
     regional or national program level, including--
       ``(i) system-level measures to avoid, minimize, or mitigate 
     impacts of proposed transportation investments on 
     environmental resources, including regional ecosystem and 
     water resources; and
       ``(ii) potential mitigation activities, locations, and 
     investments.
       ``(2) Planning analyses.--Planning analyses that may be 
     adopted pursuant to this section include studies with respect 
     to--
       ``(A) travel demands;
       ``(B) regional development and growth;
       ``(C) local land use, growth management, and development;
       ``(D) population and employment;
       ``(E) natural and built environmental conditions;
       ``(F) environmental resources and environmentally sensitive 
     areas;
       ``(G) potential environmental effects, including the 
     identification of resources of concern and potential 
     cumulative effects on those resources, identified as a result 
     of a statewide or regional cumulative effects assessment; and
       ``(H) mitigation needs for a proposed action, or for 
     programmatic level mitigation, for potential effects that the 
     Federal lead agency determines are most effectively addressed 
     at a regional or national program level.
       ``(d) Conditions.--Adoption and use of a planning product 
     under this section is subject to a determination by the 
     Federal lead agency, with the concurrence of other 
     participating agencies with relevant expertise and project

[[Page H4468]]

     sponsors as appropriate, and with an opportunity for public 
     notice and comment and consideration of those comments by the 
     Federal lead agency, that the following conditions have been 
     met:
       ``(1) The planning product was developed through a planning 
     process conducted pursuant to applicable Federal law.
       ``(2) The planning product was developed by engaging in 
     active consultation with appropriate Federal and State 
     resource agencies and Indian tribes.
       ``(3) The planning process included broad multidisciplinary 
     consideration of systems-level or corridor-wide 
     transportation needs and potential effects, including effects 
     on the human and natural environment.
       ``(4) During the planning process, notice was provided 
     through publication or other means to Federal, State, local, 
     and tribal governments that might have an interest in the 
     proposed project, and to members of the general public, of 
     the planning products that the planning process might produce 
     and that might be relied on during any subsequent 
     environmental review process, and such entities have been 
     provided an appropriate opportunity to participate in the 
     planning process leading to such planning product.
       ``(5) After initiation of the environmental review process, 
     but prior to determining whether to rely on and use the 
     planning product, the lead Federal agency has made 
     documentation relating to the planning product available to 
     Federal, State, local, and tribal governments that may have 
     an interest in the proposed action, and to members of the 
     general public, and has considered any resulting comments.
       ``(6) There is no significant new information or new 
     circumstance that has a reasonable likelihood of affecting 
     the continued validity or appropriateness of the planning 
     product.
       ``(7) The planning product has a rational basis and is 
     based on reliable and reasonably current data and reasonable 
     and scientifically acceptable methodologies.
       ``(8) The planning product is documented in sufficient 
     detail to support the decision or the results of the analysis 
     and to meet requirements for use of the information in the 
     environmental review process.
       ``(9) The planning product is appropriate for adoption and 
     use in the environmental review process for the project.
       ``(10) The planning product was approved not later than 5 
     years prior to date on which the information is adopted 
     pursuant to this section.
       ``(e) Effect of Adoption.--Any planning product adopted by 
     the Federal lead agency in accordance with this section may 
     be incorporated directly into an environmental review process 
     document or other environmental document and may be relied 
     upon and used by other Federal agencies in carrying out 
     reviews of the project.
       ``(f) Rules of Construction.--
       ``(1) In general.--This section shall not be construed to 
     make the environmental review process applicable to the 
     transportation planning process conducted under this title 
     and chapter 53 of title 49.
       ``(2) Transportation planning activities.--Initiation of 
     the environmental review process as a part of, or 
     concurrently with, transportation planning activities does 
     not subject transportation plans and programs to the 
     environmental review process.
       ``(3) Planning products.--This section shall not be 
     construed to affect the use of planning products in the 
     environmental review process pursuant to other authorities 
     under any other provision of law or to restrict the 
     initiation of the environmental review process during 
     planning.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 1 of title 23, United States Code (as amended by 
     section 1115(b)), is amended by adding at end the following:

``Sec. 168. Integration of planning and environmental review.''.

     SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.

       (a) In General.--Chapter 1 of title 23, United States Code 
     (as amended by section 1310(a)), is amended by adding at the 
     end the following:

     ``Sec. 169. Development of programmatic mitigation plans

       ``(a) In General.--As part of the statewide or metropolitan 
     transportation planning process, a State or metropolitan 
     planning organization may develop 1 or more programmatic 
     mitigation plans to address the potential environmental 
     impacts of future transportation projects.
       ``(b) Scope.--
       ``(1) Scale.--A programmatic mitigation plan may be 
     developed on a regional, ecosystem, watershed, or statewide 
     scale.
       ``(2) Resources.--The plan may encompass multiple 
     environmental resources within a defined geographic area or 
     may focus on a specific resource, such as aquatic resources, 
     parkland, or wildlife habitat.
       ``(3) Project impacts.--The plan may address impacts from 
     all projects in a defined geographic area or may focus on a 
     specific type of project.
       ``(4) Consultation.--The scope of the plan shall be 
     determined by the State or metropolitan planning 
     organization, as appropriate, in consultation with the agency 
     or agencies with jurisdiction over the resources being 
     addressed in the mitigation plan.
       ``(c) Contents.--A programmatic mitigation plan may 
     include--
       ``(1) an assessment of the condition of environmental 
     resources in the geographic area covered by the plan, 
     including an assessment of recent trends and any potential 
     threats to those resources;
       ``(2) an assessment of potential opportunities to improve 
     the overall quality of environmental resources in the 
     geographic area covered by the plan, through strategic 
     mitigation for impacts of transportation projects;
       ``(3) standard measures for mitigating certain types of 
     impacts;
       ``(4) parameters for determining appropriate mitigation for 
     certain types of impacts, such as mitigation ratios or 
     criteria for determining appropriate mitigation sites;
       ``(5) adaptive management procedures, such as protocols 
     that involve monitoring predicted impacts over time and 
     adjusting mitigation measures in response to information 
     gathered through the monitoring; and
       ``(6) acknowledgment of specific statutory or regulatory 
     requirements that must be satisfied when determining 
     appropriate mitigation for certain types of resources.
       ``(d) Process.--Before adopting a programmatic mitigation 
     plan, a State or metropolitan planning organization shall--
       ``(1) consult with each agency with jurisdiction over the 
     environmental resources considered in the programmatic 
     mitigation plan;
       ``(2) make a draft of the plan available for review and 
     comment by applicable environmental resource agencies and the 
     public;
       ``(3) consider any comments received from such agencies and 
     the public on the draft plan; and
       ``(4) address such comments in the final plan.
       ``(e) Integration With Other Plans.--A programmatic 
     mitigation plan may be integrated with other plans, including 
     watershed plans, ecosystem plans, species recovery plans, 
     growth management plans, and land use plans.
       ``(f) Consideration in Project Development and 
     Permitting.--If a programmatic mitigation plan has been 
     developed pursuant to this section, any Federal agency 
     responsible for environmental reviews, permits, or approvals 
     for a transportation project may use the recommendations in a 
     programmatic mitigation plan when carrying out the 
     responsibilities under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).
       ``(g) Preservation of Existing Authorities.--Nothing in 
     this section limits the use of programmatic approaches to 
     reviews under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 1 of title 23, United States Code (as amended by 
     section 1309(b)), is amended by adding at the end the 
     following:

``Sec. 169. Development of programmatic mitigation plans.''.

     SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
                   EXCLUSIONS.

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

     SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

       (a) Program Name.--Section 327 of title 23, United States 
     Code, is amended--
       (1) in the section heading by striking 
     ``pilot''; and
       (2) in subsection (a)(1) by striking ``pilot''.
       (b) Assumption of Responsibility.--Section 327(a)(2) of 
     title 23, United States Code, is amended--
       (1) in subparagraph (B)--
       (A) in clause (i) by striking ``but''; and
       (B) 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--

       ``(I) any responsibility imposed on the Secretary by 
     section 134 or 135 or section 5303 or 5304 of title 49; or
       ``(II) responsibility for any conformity determination 
     required under section 176 of the Clean Air Act (42 U.S.C. 
     7506).''; and

       (2) by adding at the end the following:
       ``(F) Preservation of flexibility.--The Secretary may not 
     require a State, as a condition of participation in the 
     program, to forego

[[Page H4469]]

     project delivery methods that are otherwise permissible for 
     projects.
       ``(G) Legal fees.--A State assuming the responsibilities of 
     the Secretary under this section for a specific project may 
     use funds apportioned to the State under section 104(b)(2) 
     for attorneys' fees directly attributable to eligible 
     activities associated with the project.''.
       (c) State Participation.--Section 327(b) of title 23, 
     United States Code, is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Participating states.--All States are eligible to 
     participate in the program.''; and
       (2) in paragraph (2) by striking ``date of enactment of 
     this section, the Secretary shall promulgate'' and inserting 
     ``date on which amendments to this section by the MAP-21 take 
     effect, the Secretary shall amend, as appropriate,''.
       (d) Written Agreement.--Section 327(c) of title 23, United 
     States Code, is amended--
       (1) in paragraph (3)(D) by striking the period at the end 
     and inserting a semicolon; and
       (2) by adding at the end the following:
       ``(4) require the State to provide to the Secretary any 
     information the Secretary considers necessary to ensure that 
     the State is adequately carrying out the responsibilities 
     assigned to the State;
       ``(5) have a term of not more than 5 years; and
       ``(6) be renewable.''.
       (e) Conforming Amendment.--Section 327(e) of title 23, 
     United States Code, is amended by striking ``subsection (i)'' 
     and inserting ``subsection (j)''.
       (f) Audits.--Section 327(g)(1)(B) of title 23, United 
     States Code, is amended by striking ``subsequent year'' and 
     inserting ``of the third and fourth years''.
       (g) Monitoring.--Section 327 of title 23, United States 
     Code, 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) Monitoring.--After the fourth year of the 
     participation of a State in the program, the Secretary shall 
     monitor compliance by the State with the written agreement, 
     including the provision by the State of financial resources 
     to carry out the written agreement.''.
       (h) Termination.--Section 327(j) of title 23, United States 
     Code (as so redesignated), is amended to read as follows:
       ``(j) Termination.--
       ``(1) Termination by the secretary.--The Secretary may 
     terminate the participation of any State in the program if--
       ``(A) the Secretary determines that the State is not 
     adequately carrying out the responsibilities assigned to the 
     State;
       ``(B) the Secretary provides to the State--
       ``(i) notification of the determination of noncompliance; 
     and
       ``(ii) a period of at least 30 days during which to take 
     such corrective action as the Secretary determines is 
     necessary to comply with the applicable agreement; and
       ``(C) the State, after the notification and period provided 
     under subparagraph (B), fails to take satisfactory corrective 
     action, as determined by the Secretary.
       ``(2) Termination by the state.--The State may terminate 
     the participation of the State in the program at any time by 
     providing to the Secretary a notice by not later than the 
     date that is 90 days before the date of termination, and 
     subject to such terms and conditions as the Secretary may 
     provide.''.
       (i) Clerical Amendment.--The item relating to section 327 
     in the analysis of title 23, United States Code, is amended 
     to read as follows:

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

     SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR 
                   MULTIMODAL PROJECTS.

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

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

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Cooperating authority.--The term `cooperating 
     authority' means a Department of Transportation operating 
     authority that is not the lead authority with respect to a 
     project.
       ``(2) Lead authority.--The term `lead authority' means a 
     Department of Transportation operating administration or 
     secretarial office that--
       ``(A) is the lead authority over a proposed multimodal 
     project; and
       ``(B) has determined that the components of the project 
     that fall under the modal expertise of the lead authority--
       ``(i) satisfy the conditions for a categorical exclusion 
     under implementing regulations or procedures of the lead 
     authority under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       ``(ii) do not require the preparation of an environmental 
     assessment or environmental impact statement under that Act.
       ``(3) Multimodal project.--The term `multimodal project' 
     has the meaning given the term in section 139(a) of title 23.
       ``(b) Exercise of Authorities.--The authorities granted in 
     this section may be exercised for a multimodal project, class 
     of projects, or program of projects that are carried out 
     under this title.
       ``(c) Application of Categorical Exclusions for Multimodal 
     Projects.--In considering the environmental impacts of a 
     proposed multimodal project, a lead authority may apply a 
     categorical exclusion designated under the implementing 
     regulations or procedures of a cooperating authority for 
     other components of the project, subject to the conditions 
     that--
       ``(1) the multimodal project is funded under 1 grant 
     agreement administered by the lead authority;
       ``(2) the multimodal project has components that require 
     the expertise of a cooperating authority to assess the 
     environmental impacts of the components;
       ``(3) the component of the project to be covered by the 
     categorical exclusion of the cooperating authority has 
     independent utility;
       ``(4) the cooperating authority, in consultation with the 
     lead authority--
       ``(A) follows implementing regulations or procedures under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.); and
       ``(B) determines that a categorical exclusion under that 
     Act applies to the components; and
       ``(5) the lead authority has determined that--
       ``(A) the project, using the categorical exclusions of the 
     lead authority and each applicable cooperating authority, 
     does not individually or cumulatively have a significant 
     impact on the environment; and
       ``(B) extraordinary circumstances do not exist that merit 
     additional analysis and documentation in an environmental 
     impact statement or environmental assessment required under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       ``(d) Modal Cooperation.--
       ``(1) In general.--A cooperating authority shall provide 
     modal expertise to the lead authority on such aspects of the 
     multimodal project in which the cooperating authority has 
     expertise.
       ``(2) Use of categorical exclusion.--In a case described in 
     paragraph (1), the 1 or more categorical exclusions of a 
     cooperating authority may be applied by the lead authority 
     once the cooperating authority reviews the project on behalf 
     of the lead authority and determines the project satisfies 
     the conditions for a categorical exclusion under the 
     implementing regulations or procedures of the cooperating 
     authority under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and this section.''.
       (b) Conforming Amendment.--The item relating to section 304 
     in the analysis for title 49, United States Code, is amended 
     to read as follows:

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

     SEC. 1315. CATEGORICAL EXCLUSIONS IN EMERGENCIES.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, for the repair or reconstruction of 
     any road, highway, or bridge that is in operation or under 
     construction when damaged by an emergency declared by the 
     Governor of the State and concurred in by the Secretary, or 
     for a disaster or emergency declared by the President 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.), the 
     Secretary shall publish a notice of proposed rulemaking to 
     treat any such repair or reconstruction activity as a class 
     of action categorically excluded from the requirements 
     relating to environmental assessments or environmental impact 
     statements under section 1508.4 of title 40, Code of Federal 
     Regulations, and section 771.117 of title 23, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act) if such repair or reconstruction activity is--
       (1) in the same location with the same capacity, 
     dimensions, and design as the original road, highway, or 
     bridge as before the declaration described in this section; 
     and
       (2) commenced within a 2-year period beginning on the date 
     of a declaration described in this section.
       (b) Rulemaking.--
       (1) In general.--The Secretary shall ensure that the 
     rulemaking helps to conserve Federal resources and protects 
     public safety and health by providing for periodic 
     evaluations to determine if reasonable alternatives exist to 
     roads, highways, or bridges that repeatedly require repair 
     and reconstruction activities.
       (2) Reasonable alternatives.--The reasonable alternatives 
     described in paragraph (1) include actions that could reduce 
     the need for Federal funds to be expended on such repair and 
     reconstruction activities, better protect public safety and 
     health and the environment, and meet transportation needs as 
     described in relevant and applicable Federal, State, local 
     and tribal plans.

     SEC. 1316. CATEGORICAL EXCLUSIONS FOR PROJECTS WITHIN THE 
                   RIGHT-OF-WAY.

       (a) In General.--The Secretary shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, designate any project (as defined in section 101(a) 
     of title 23, United States Code) within an existing 
     operational right-of-way as an action categorically excluded 
     from the requirements relating to environmental assessments 
     or environmental impact statements under section 1508.4 of 
     title 40, Code of Federal Regulations, and section 771.117(c) 
     of title 23, Code of Federal Regulations; and
       (2) not later than 150 days after the date of enactment of 
     this Act, promulgate regulations to carry out paragraph (1).
       (b) Definition of an Operational Right-of-way.--In this 
     section, the term ``operational right-of-way'' means all real 
     property interests acquired for the construction, operation, 
     or mitigation of a project (as defined in section 101(a) of 
     title 23, United States Code), including the locations of the 
     roadway, bridges, interchanges, culverts, drainage, clear 
     zone, traffic control signage, landscaping, and any rest 
     areas with direct access to a controlled access highway.

     SEC. 1317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED 
                   FEDERAL ASSISTANCE.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall--
       (1) designate as an action categorically excluded from the 
     requirements relating to environmental assessments or 
     environmental impact statements under section 1508.4 of title 
     40, Code of Federal Regulations, and section 771.117(c) of

[[Page H4470]]

     title 23, Code of Federal Regulations, any project--
       (A) that receives less than $5,000,000 of Federal funds; or
       (B) with a total estimated cost of not more than 
     $30,000,000 and Federal funds comprising less than 15 percent 
     of the total estimated project cost; and
       (2) not later than 150 days after the date of enactment of 
     this Act, promulgate regulations to carry out paragraph (1).

     SEC. 1318. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL 
                   EXCLUSIONS.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary shall--
       (1) survey the use by the Department of categorical 
     exclusions in transportation projects since 2005;
       (2) publish a review of the survey that includes a 
     description of--
       (A) the types of actions categorically excluded; and
       (B) any requests previously received by the Secretary for 
     new categorical exclusions; and
       (3) solicit requests from State departments of 
     transportation, transit authorities, metropolitan planning 
     organizations, or other government agencies for new 
     categorical exclusions.
       (b) New Categorical Exclusions.--Not later than 120 days 
     after the date of enactment of this Act, the Secretary shall 
     publish a notice of proposed rulemaking to propose new 
     categorical exclusions received by the Secretary under 
     subsection (a), to the extent that the categorical exclusions 
     meet the criteria for a categorical exclusion under section 
     1508.4 of title 40, Code of Federal Regulations, and section 
     771.117(a) of title 23, Code of Federal Regulations (as those 
     regulations are in effect on the date of the notice).
       (c) Additional Actions.--The Secretary shall issue a 
     proposed rulemaking to move the following types of actions 
     from subsection (d) of section 771.117 of title 23, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act), to subsection (c) of that section, to the extent 
     that such movement complies with the criteria for a 
     categorical exclusion under section 1508.4 of title 40, Code 
     of Federal Regulations (as in effect on the date of enactment 
     of this Act):
       (1) Modernization of a highway by resurfacing, restoration, 
     rehabilitation, reconstruction, adding shoulders, or adding 
     auxiliary lanes (including parking, weaving, turning, and 
     climbing).
       (2) Highway safety or traffic operations improvement 
     projects, including the installation of ramp metering control 
     devices and lighting.
       (3) Bridge rehabilitation, reconstruction, or replacement 
     or the construction of grade separation to replace existing 
     at-grade railroad crossings.
       (d) Programmatic Agreements.--
       (1) In general.--The Secretary shall seek opportunities to 
     enter into programmatic agreements with the States that 
     establish efficient administrative procedures for carrying 
     out environmental and other required project reviews.
       (2) Inclusions.--Programmatic agreements authorized under 
     paragraph (1) may include agreements that allow a State to 
     determine on behalf of the Federal Highway Administration 
     whether a project is categorically excluded from the 
     preparation of an environmental assessment or environmental 
     impact statement under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.).
       (3) Determinations.--An agreement described in paragraph 
     (2) may include determinations by the Secretary of the types 
     of projects categorically excluded (consistent with section 
     1508.4 of title 40, Code of Federal Regulations) in the State 
     in addition to the types listed in subsections (c) and (d) of 
     section 771.117 of title 23, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).

     SEC. 1319. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL 
                   REVIEWS.

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

     SEC. 1320. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY 
                   COORDINATION.

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

     SEC. 1321. ENVIRONMENTAL PROCEDURES INITIATIVE.

       (a) Establishment.--For grant programs under which funds 
     are distributed by formula by the Department, the Secretary 
     shall establish an initiative to review and develop 
     consistent procedures for environmental permitting and 
     procurement requirements that apply to a project carried out 
     under title 23, United States Code, or chapter 53 of title 
     49, United States Code.
       (b) Report.--The Secretary shall publish the results of the 
     initiative described in subsection (a) in an electronically 
     accessible format.

     SEC. 1322. REVIEW OF STATE ENVIRONMENTAL REVIEWS AND 
                   APPROVALS FOR THE PURPOSE OF ELIMINATING 
                   DUPLICATION OF ENVIRONMENTAL REVIEWS.

       For environmental reviews and approvals carried out on 
     projects funded under title 23, United States Code, the 
     Comptroller General of the United States shall--
       (1) review State laws and procedures for conducting 
     environmental reviews with regard to such projects and 
     identify the States that have environmental laws that provide 
     environmental protections and opportunities for public 
     involvement that are equivalent to those provided by Federal 
     environmental laws;
       (2) determine the frequency and cost of environmental 
     reviews carried out at the Federal level that are duplicative 
     of State reviews that provide equivalent environmental 
     protections and opportunities for public involvement; and
       (3) not later than 2 years after the date of enactment of 
     this Act, submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report that describes the results of the review and 
     determination made under this section.

     SEC. 1323. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.

       (a) Completion Time Assessments and Reports.--
       (1) In general.--For projects funded under title 23, United 
     States Code, the Secretary shall compare--
       (A)(i) the completion times of categorical exclusions, 
     environmental assessments, and environmental impact 
     statements initiated after calendar year 2005; to
       (ii) the completion times of categorical exclusions, 
     environmental assessments, and environmental impact 
     statements initiated during a period prior to calendar year 
     2005; and
       (B)(i) the completion times of categorical exclusions, 
     environmental assessments, and environmental impact 
     statements initiated during the period beginning on January 
     1, 2005, and ending on the date of enactment of this Act; to
       (ii) the completion times of categorical exclusions, 
     environmental assessments, and environmental impact 
     statements initiated after the date of enactment of this Act.
       (2) Report.--The Secretary shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate--
       (A) not later than 1 year after the date of enactment of 
     this Act, a report that--

[[Page H4471]]

       (i) describes the results of the review conducted under 
     paragraph (1)(A); and
       (ii) identifies any change in the timing for completions, 
     including the reasons for any such change and the reasons for 
     delays in excess of 5 years; and
       (B) not later than 5 years after the date of enactment of 
     this Act, a report that--
       (i) describes the results of the review conducted under 
     paragraph (1)(B); and
       (ii) identifies any change in the timing for completions, 
     including the reasons for any such change and the reasons for 
     delays in excess of 5 years.
       (b) Additional Report.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the types and 
     justification for the additional categorical exclusions 
     granted under the authority provided under sections 1316 and 
     1317.
       (c) GAO Report.--The Comptroller General of the United 
     States shall--
       (1) assess the reforms carried out under this subtitle 
     (including the amendments made by this subtitle); and
       (2) not later than 5 years after the date of enactment of 
     this Act, submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report that describes the results of the assessment.
       (d) Inspector General Report.--The Inspector General of the 
     Department of Transportation shall--
       (1) assess the reforms carried out under this subtitle 
     (including the amendments made by this subtitle); and
       (2) submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate--
       (A) not later than 2 years after the date of enactment of 
     this Act, an initial report of the findings of the Inspector 
     General; and
       (B) not later than 4 years after the date of enactment of 
     this Act, a final report of the findings.
                       Subtitle D--Highway Safety

     SEC. 1401. JASON'S LAW.

       (a) In General.--It is the sense of Congress that it is a 
     national priority to address projects under this section for 
     the shortage of long-term parking for commercial motor 
     vehicles on the National Highway System to improve the safety 
     of motorized and nonmotorized users and for commercial motor 
     vehicle operators.
       (b) Eligible Projects.--Eligible projects under this 
     section are those that--
       (1) serve the National Highway System; and
       (2) may include the following:
       (A) Constructing safety rest areas (as defined in section 
     120(c) of title 23, United States Code) that include parking 
     for commercial motor vehicles.
       (B) Constructing commercial motor vehicle parking 
     facilities adjacent to commercial truck stops and travel 
     plazas.
       (C) Opening existing facilities to commercial motor vehicle 
     parking, including inspection and weigh stations and park-
     and-ride facilities.
       (D) Promoting the availability of publicly or privately 
     provided commercial motor vehicle parking on the National 
     Highway System using intelligent transportation systems and 
     other means.
       (E) Constructing turnouts along the National Highway System 
     for commercial motor vehicles.
       (F) Making capital improvements to public commercial motor 
     vehicle parking facilities currently closed on a seasonal 
     basis to allow the facilities to remain open year-round.
       (G) Improving the geometric design of interchanges on the 
     National Highway System to improve access to commercial motor 
     vehicle parking facilities.
       (c) Survey and Comparative Assessment.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in consultation with 
     relevant State motor carrier safety personnel, shall conduct 
     a survey of each State--
       (A) to evaluate the capability of the State to provide 
     adequate parking and rest facilities for commercial motor 
     vehicles engaged in interstate transportation;
       (B) to assess the volume of commercial motor vehicle 
     traffic in the State; and
       (C) to develop a system of metrics to measure the adequacy 
     of commercial motor vehicle parking facilities in the State.
       (2) Results.--The results of the survey under paragraph (1) 
     shall be made available to the public on the website of the 
     Department of Transportation.
       (3) Periodic updates.--The Secretary shall periodically 
     update the survey under this subsection.
       (d) Electric Vehicle and Natural Gas Vehicle 
     Infrastructure.--
       (1) In general.--Except as provided in paragraph (2), a 
     State may establish electric vehicle charging stations or 
     natural gas vehicle refueling stations for the use of 
     battery-powered or natural gas-fueled trucks or other motor 
     vehicles at any parking facility funded or authorized under 
     this Act or title 23, United States Code.
       (2) Exception.--Electric vehicle battery charging stations 
     or natural gas vehicle refueling stations may not be 
     established or supported under paragraph (1) if commercial 
     establishments serving motor vehicle users are prohibited by 
     section 111 of title 23, United States Code.
       (3) Funds.--Charging or refueling stations described in 
     paragraph (1) shall be eligible for the same funds as are 
     available for the parking facilities in which the stations 
     are located.
       (e) Treatment of Projects.--Notwithstanding any other 
     provision of law, projects funded through the authority 
     provided under this section shall be treated as projects on a 
     Federal-aid highway under chapter 1 of title 23, United 
     States Code.

     SEC. 1402. OPEN CONTAINER REQUIREMENTS.

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

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

       (a) Definitions.--Section 164(a) of title 23, United States 
     Code, is amended--
       (1) by striking paragraph (3);
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (3) in paragraph (4) (as so redesignated) by striking 
     subparagraph (A) and inserting the following:
       ``(A) receive--
       ``(i) a suspension of all driving privileges for not less 
     than 1 year; or
       ``(ii) a suspension of unlimited driving privileges for 1 
     year, allowing for the reinstatement of limited driving 
     privileges subject to restrictions and limited exemptions as 
     established by State law, if an ignition interlock device is 
     installed for not less than 1 year on each of the motor 
     vehicles owned or operated, or both, by the individual;''.
       (b) Transfer of Funds.--Section 164(b) of title 23, United 
     States Code, is amended--
       (1) by striking paragraph (2) and inserting the following:
       ``(2) Fiscal year 2012 and thereafter.--
       ``(A) Reservation of funds.--On October 1, 2011, and each 
     October 1 thereafter, if a State has not enacted or is not 
     enforcing a repeat intoxicated driver law, the Secretary 
     shall reserve an amount equal to 2.5 percent of the funds to 
     be apportioned to the State on that date under each of 
     paragraphs (1) and (2) of section 104(b) until the State 
     certifies to the Secretary the means by which the States will 
     use those reserved funds among the uses authorized under 
     subparagraphs (A) and (B) of paragraph (1), and paragraph 
     (3).
       ``(B) Transfer of funds.--As soon as practicable after the 
     date of receipt of a certification from a State under 
     subparagraph (A), the Secretary shall--
       ``(i) transfer the reserved funds identified by the State 
     for use as described in subparagraphs (A) and (B) of 
     paragraph (1) to the apportionment of the State under section 
     402; and
       ``(ii) release the reserved funds identified by the State 
     as described in paragraph (3).'';
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Use for highway safety improvement program.--
       ``(A) In general.--A State may elect to use all or a 
     portion of the funds transferred under paragraph (2) for 
     activities eligible under section 148.
       ``(B) State departments of transportation.--If the State 
     makes an election under subparagraph (A), the funds shall be 
     transferred to the department of transportation of the State, 
     which shall be responsible for the administration of the 
     funds.''; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) Derivation of amount to be transferred.--The amount 
     to be transferred under paragraph (2) may be derived from the 
     following:
       ``(A) The apportionment of the State under section 
     104(b)(1).
       ``(B) The apportionment of the State under section 
     104(b)(2).''.

[[Page H4472]]

     SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.

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

     SEC. 1405. HIGHWAY WORKER SAFETY.

       Not later than 60 days after the date of enactment of this 
     Act, the Secretary shall modify section 630.1108(a) of title 
     23, Code of Federal Regulations (as in effect on the date of 
     enactment of this Act), to ensure that--
       (1) at a minimum, positive protective measures are used to 
     separate workers on highway construction projects from 
     motorized traffic in all work zones conducted under traffic 
     in areas that offer workers no means of escape (such as 
     tunnels and bridges), unless an engineering study determines 
     otherwise;
       (2) temporary longitudinal traffic barriers are used to 
     protect workers on highway construction projects in long-
     duration stationary work zones when the project design speed 
     is anticipated to be high and the nature of the work requires 
     workers to be within 1 lane-width from the edge of a live 
     travel lane, unless--
       (A) an analysis by the project sponsor determines 
     otherwise; or
       (B) the project is outside of an urbanized area and the 
     annual average daily traffic load of the applicable road is 
     less than 100 vehicles per hour; and
       (3) when positive protective devices are necessary for 
     highway construction projects, those devices are paid for on 
     a unit-pay basis, unless doing so would create a conflict 
     with innovative contracting approaches, such as design-build 
     or some performance-based contracts under which the 
     contractor is paid to assume a certain risk allocation and 
     payment is generally made on a lump-sum basis.
                       Subtitle E--Miscellaneous

     SEC. 1501. REAL-TIME RIDESHARING.

       Paragraph (3) of section 101(a) of title 23, United States 
     Code (as redesignated by section 1103(a)(2)), is amended by 
     striking ``and designating existing facilities for use for 
     preferential parking for carpools'' and inserting 
     ``designating existing facilities for use for preferential 
     parking for carpools, and real-time ridesharing projects, 
     such as projects where drivers, using an electronic transfer 
     of funds, recover costs directly associated with the trip 
     provided through the use of location technology to quantify 
     those direct costs, subject to the condition that the cost 
     recovered does not exceed the cost of the trip provided''.

     SEC. 1502. PROGRAM EFFICIENCIES.

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

     SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.

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

       (I) by striking ``concept'' and inserting ``planning''; and
       (II) by striking ``multidisciplined'' and inserting 
     ``multidisciplinary''; and

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

[[Page H4473]]

       ``(i) providing the needed functions safely, reliably, and 
     at the lowest overall lifecycle cost;'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A) by striking 
     ``or other cost-reduction analysis'';
       (ii) in subparagraph (A)--

       (I) by striking ``Federal-aid system'' and inserting 
     ``National Highway System receiving Federal assistance''; and
       (II) by striking ``$25,000,000'' and inserting 
     ``$50,000,000''; and

       (iii) in subparagraph (B)--

       (I) by inserting ``on the National Highway System receiving 
     Federal assistance'' after ``a bridge project''; and
       (II) by striking ``$20,000,000'' and inserting 
     ``$40,000,000''; and

       (C) by striking paragraph (4) and inserting the following:
       ``(4) Requirements.--
       ``(A) Value engineering program.--The State shall develop 
     and carry out a value engineering program that--
       ``(i) establishes and documents value engineering program 
     policies and procedures;
       ``(ii) ensures that the required value engineering analysis 
     is conducted before completing the final design of a project;
       ``(iii) ensures that the value engineering analysis that is 
     conducted, and the recommendations developed and implemented 
     for each project, are documented in a final value engineering 
     report; and
       ``(iv) monitors, evaluates, and annually submits to the 
     Secretary a report that describes the results of the value 
     analyses that are conducted and the recommendations 
     implemented for each of the projects described in paragraph 
     (2) that are completed in the State.
       ``(B) Bridge projects.--The value engineering analysis for 
     a bridge project under paragraph (2) shall--
       ``(i) include bridge superstructure and substructure 
     requirements based on construction material; and
       ``(ii) be evaluated by the State--

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

       ``(5) Design-build projects.--A requirement to provide a 
     value engineering analysis under this subsection shall not 
     apply to a project delivered using the design-build method of 
     construction.'';
       (4) in subsection (h)--
       (A) in paragraph (1)(B) by inserting ``, including a 
     phasing plan when applicable'' after ``financial plan''; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Financial plan.--A financial plan--
       ``(A) shall be based on detailed estimates of the cost to 
     complete the project;
       ``(B) shall provide for the annual submission of updates to 
     the Secretary that are based on reasonable assumptions, as 
     determined by the Secretary, of future increases in the cost 
     to complete the project;
       ``(C) may include a phasing plan that identifies fundable 
     incremental improvements or phases that will address the 
     purpose and the need of the project in the short term in the 
     event there are insufficient financial resources to complete 
     the entire project. If a phasing plan is adopted for a 
     project pursuant to this section, the project shall be deemed 
     to satisfy the fiscal constraint requirements in the 
     statewide and metropolitan planning requirements in sections 
     134 and 135; and
       ``(D) shall assess the appropriateness of a public-private 
     partnership to deliver the project.''; and
       (5) by adding at the end the following:
       ``(j) Use of Advanced Modeling Technologies.--
       ``(1) Definition of advanced modeling technology.--In this 
     subsection, the term `advanced modeling technology' means an 
     available or developing technology, including 3-dimensional 
     digital modeling, that can--
       ``(A) accelerate and improve the environmental review 
     process;
       ``(B) increase effective public participation;
       ``(C) enhance the detail and accuracy of project designs;
       ``(D) increase safety;
       ``(E) accelerate construction, and reduce construction 
     costs; or
       ``(F) otherwise expedite project delivery with respect to 
     transportation projects that receive Federal funding.
       ``(2) Program.--With respect to transportation projects 
     that receive Federal funding, the Secretary shall encourage 
     the use of advanced modeling technologies during 
     environmental, planning, financial management, design, 
     simulation, and construction processes of the projects.
       ``(3) Activities.--In carrying out paragraph (2), the 
     Secretary shall--
       ``(A) compile information relating to advanced modeling 
     technologies, including industry best practices with respect 
     to the use of the technologies;
       ``(B) disseminate to States information relating to 
     advanced modeling technologies, including industry best 
     practices with respect to the use of the technologies; and
       ``(C) promote the use of advanced modeling technologies.
       ``(4) Comprehensive plan.--The Secretary shall develop and 
     publish on the public website of the Department of 
     Transportation a detailed and comprehensive plan for the 
     implementation of paragraph (2).''.
       (b) Review of Oversight Program.--
       (1) In general.--The Secretary shall review the oversight 
     program established under section 106(g) of title 23, United 
     States Code, to determine the efficacy of the program in 
     monitoring the effective and efficient use of funds 
     authorized to carry out title 23, United States Code.
       (2) Minimum requirements for review.--At a minimum, the 
     review under paragraph (1) shall assess the capability of the 
     program to--
       (A) identify projects funded under title 23, United States 
     Code, for which there are cost or schedule overruns; and
       (B) evaluate the extent of such overruns.
       (3) Report to congress.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary shall transmit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on the results of the 
     review conducted under paragraph (1), which shall include 
     recommendations for legislative changes to improve the 
     oversight program established under section 106(g) of title 
     23, United States Code.
       (c) Transparency and Accountability.--
       (1) Data collection.--The Secretary shall compile and make 
     available on the public website of the Department of 
     Transportation the annual expenditure data for funds made 
     available under title 23 and chapter 53 of title 49, United 
     States Code.
       (2) Requirements.--In carrying out paragraph (1), the 
     Secretary shall ensure that the data made available on the 
     public website of the Department of Transportation--
       (A) is organized by project and State;
       (B) to the maximum extent practicable, is updated regularly 
     to reflect the current status of obligations, expenditures, 
     and Federal-aid projects; and
       (C) can be searched and downloaded by users of the website.
       (3) Report to congress.--The Secretary shall annually 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Environment and Public Works and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate a report containing 
     a summary of the data described in paragraph (1) for the 1-
     year period ending on the date on which the report is 
     submitted.

     SEC. 1504. STANDARDS.

       Section 109 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(r) Pavement Markings.--The Secretary shall not approve 
     any pavement markings project that includes the use of glass 
     beads containing more than 200 parts per million of arsenic 
     or lead, as determined in accordance with Environmental 
     Protection Agency testing methods 3052, 6010B, or 6010C.''.

     SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE 
                   INTERSTATE SYSTEM.

       Section 111 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(e) Justification Reports.--If the Secretary requests or 
     requires a justification report for a project that would add 
     a point of access to, or exit from, the Interstate System, 
     the Secretary may permit a State transportation department to 
     approve the report.''.

     SEC. 1506. CONSTRUCTION.

       Section 114(b) of title 23, United States Code, is 
     amended--
       (1) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Limitation on convict labor.--Convict labor shall not 
     be used in construction of Federal-aid highways or portions 
     of Federal-aid highways unless the labor is performed by 
     convicts who are on parole, supervised release, or 
     probation.''; and
       (B) in paragraph (3) by inserting ``in existence during 
     that period'' after ``located on a Federal-aid system''; and
       (2) by adding at the end the following:
       ``(d) Veterans Employment.---
       ``(1) In general.--Subject to paragraph (2), a recipient of 
     Federal financial assistance under this chapter shall, to the 
     extent practicable, encourage contractors working on a 
     highway project funded using the assistance to make a best 
     faith effort in the hiring or referral of laborers on any 
     project for the construction of a highway to veterans (as 
     defined in section 2108 of title 5) who have the requisite 
     skills and abilities to perform the construction work 
     required under the contract.
       ``(2) Administration.--This subsection shall not--
       ``(A) apply to projects subject to section 140(d); or
       ``(B) be administered or enforced in any manner that would 
     require an employer to give a preference to any veteran over 
     any equally qualified applicant who is a member of any racial 
     or ethnic minority, a female, or any equally qualified former 
     employee.''.

     SEC. 1507. MAINTENANCE.

       Section 116 of title 23, United States Code, is amended--
       (1) by redesignating subsections (a) through (d) as 
     subsections (b) through (e), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Preventive maintenance.--The term `preventive 
     maintenance' includes pavement preservation programs and 
     activities.
       ``(2) Pavement preservation programs and activities.--The 
     term `pavement preservation programs and activities' means 
     programs and activities employing a network level, long-term 
     strategy that enhances pavement performance by using an 
     integrated, cost-effective set of practices that extend 
     pavement life, improve safety, and meet road user 
     expectations.'';
       (3) in subsection (b) (as so redesignated)--
       (A) in the first sentence, by inserting ``or other direct 
     recipient'' before ``to maintain''; and
       (B) by striking the second sentence;

[[Page H4474]]

       (4) by striking subsection (c) (as so redesignated) and 
     inserting the following:
       ``(c) Agreement.--In any State in which the State 
     transportation department or other direct recipient is 
     without legal authority to maintain a project described in 
     subsection (b), the transportation department or direct 
     recipient shall enter into a formal agreement with the 
     appropriate officials of the county or municipality in which 
     the project is located to provide for the maintenance of the 
     project.''; and
       (5) in the first sentence of subsection (d) (as so 
     redesignated) by inserting ``or other direct recipient'' 
     after ``State transportation department''.

     SEC. 1508. FEDERAL SHARE PAYABLE.

       Section 120 of title 23, United States Code, is amended--
       (1) in the first sentence of subsection (c)(1)--
       (A) by inserting ``maintaining minimum levels of 
     retroreflectivity of highway signs or pavement markings,'' 
     after ``traffic control signalization,'';
       (B) by inserting ``shoulder and centerline rumble strips 
     and stripes,'' after ``pavement marking,''; and
       (C) by striking ``Federal-aid systems'' and inserting 
     ``Federal-aid programs'';
       (2) by striking subsection (e) and inserting the following:
       ``(e) Emergency Relief.--The Federal share payable for any 
     repair or reconstruction provided for by funds made available 
     under section 125 for any project on a Federal-aid highway, 
     including the Interstate System, shall not exceed the Federal 
     share payable on a project on the system as provided in 
     subsections (a) and (b), except that--
       ``(1) the Federal share payable for eligible emergency 
     repairs to minimize damage, protect facilities, or restore 
     essential traffic accomplished within 180 days after the 
     actual occurrence of the natural disaster or catastrophic 
     failure may amount to 100 percent of the cost of the repairs;
       ``(2) the Federal share payable for any repair or 
     reconstruction of Federal land transportation facilities, 
     Federal land access transportation facilities, and tribal 
     transportation facilities may amount to 100 percent of the 
     cost of the repair or reconstruction;
       ``(3) the Secretary shall extend the time period in 
     paragraph (1) taking into consideration any delay in the 
     ability of the State to access damaged facilities to evaluate 
     damage and the cost of repair; and
       ``(4) the Federal share payable for eligible permanent 
     repairs to restore damaged facilities to predisaster 
     condition may amount to 90 percent of the cost of the repairs 
     if the eligible expenses incurred by the State due to natural 
     disasters or catastrophic failures in a Federal fiscal year 
     exceeds the annual apportionment of the State under section 
     104 for the fiscal year in which the disasters or failures 
     occurred.'';
       (3) by striking subsection (g) and redesignating 
     subsections (h) through (l) as subsections (g) through (k), 
     respectively;
       (4) in subsection (i)(1)(A) (as redesignated by paragraph 
     (3)) by striking ``and the Appalachian development highway 
     system program under section 14501 of title 40''; and
       (5) by striking subsections (j) and (k) (as redesignated by 
     paragraph (3)) and inserting the following:
       ``(j) Use of Federal Agency Funds.--Notwithstanding any 
     other provision of law, any Federal funds other than those 
     made available under this title and title 49 may be used to 
     pay the non-Federal share of the cost of any transportation 
     project that is within, adjacent to, or provides access to 
     Federal land, the Federal share of which is funded under this 
     title or chapter 53 of title 49.
       ``(k) Use of Federal Land and Tribal Transportation 
     Funds.--Notwithstanding any other provision of law, the funds 
     authorized to be appropriated to carry out the tribal 
     transportation program under section 202 and the Federal 
     lands transportation program under section 203 may be used to 
     pay the non-Federal share of the cost of any project that is 
     funded under this title or chapter 53 of title 49 and that 
     provides access to or within Federal or tribal land.''.

     SEC. 1509. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

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

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

       ``(a) In General.--Notwithstanding any other provision of 
     law, subject to subsection (b), a State may transfer from an 
     apportionment under section 104(b) not to exceed 50 percent 
     of the amount apportioned for the fiscal year to any other 
     apportionment of the State under that section.
       ``(b) Application to Certain Set-asides.--
       ``(1) In general.--Funds that are subject to sections 
     104(d) and 133(d) shall not be transferred under this 
     section.
       ``(2) Funds transferred by states.--Funds transferred by a 
     State under this section of the funding reserved for the 
     State under section 213 for a fiscal year may only come from 
     the portion of those funds that are available for obligation 
     in any area of the State under section 213(c)(1)(B).''.
       (b) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 126 and inserting the following:

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

     SEC. 1510. IDLE REDUCTION TECHNOLOGY.

       Section 127(a)(12) of title 23, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``400'' and inserting 
     ``550''; and
       (2) in subparagraph (C)(ii), by striking ``400-pound'' and 
     inserting ``550-pound''.

     SEC. 1511. SPECIAL PERMITS DURING PERIODS OF NATIONAL 
                   EMERGENCY.

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

     SEC. 1512. TOLLING.

       (a) Amendment to Tolling Provision.--Section 129(a) of 
     title 23, United States Code, is amended to read as follows:
       ``(a) Basic Program.--
       ``(1) Authorization for federal participation.--Subject to 
     the provisions of this section, Federal participation shall 
     be permitted on the same basis and in the same manner as 
     construction of toll-free highways is permitted under this 
     chapter in the--
       ``(A) initial construction of a toll highway, bridge, or 
     tunnel or approach to the highway, bridge, or tunnel;
       ``(B) initial construction of 1 or more lanes or other 
     improvements that increase capacity of a highway, bridge, or 
     tunnel (other than a highway on the Interstate System) and 
     conversion of that highway, bridge, or tunnel to a tolled 
     facility, if the number of toll-free lanes, excluding 
     auxiliary lanes, after the construction is not less than the 
     number of toll-free lanes, excluding auxiliary lanes, before 
     the construction;
       ``(C) initial construction of 1 or more lanes or other 
     improvements that increase the capacity of a highway, bridge, 
     or tunnel on the Interstate System and conversion of that 
     highway, bridge, or tunnel to a tolled facility, if the 
     number of toll-free non-HOV lanes, excluding auxiliary lanes, 
     after such construction is not less than the number of toll-
     free non-HOV lanes, excluding auxiliary lanes, before such 
     construction;
       ``(D) reconstruction, resurfacing, restoration, 
     rehabilitation, or replacement of a toll highway, bridge, or 
     tunnel or approach to the highway, bridge, or tunnel;
       ``(E) reconstruction or replacement of a toll-free bridge 
     or tunnel and conversion of the bridge or tunnel to a toll 
     facility;
       ``(F) reconstruction of a toll-free Federal-aid highway 
     (other than a highway on the Interstate System) and 
     conversion of the highway to a toll facility;
       ``(G) reconstruction, restoration, or rehabilitation of a 
     highway on the Interstate System if the number of toll-free 
     non-HOV lanes, excluding auxiliary lanes, after 
     reconstruction, restoration, or rehabilitation is not less 
     than the number of toll-free non-HOV lanes, excluding 
     auxiliary lanes, before reconstruction, restoration, or 
     rehabilitation;
       ``(H) conversion of a high occupancy vehicle lane on a 
     highway, bridge, or tunnel to a toll facility; and
       ``(I) preliminary studies to determine the feasibility of a 
     toll facility for which Federal participation is authorized 
     under this paragraph.
       ``(2) Ownership.--Each highway, bridge, tunnel, or approach 
     to the highway, bridge, or tunnel constructed under this 
     subsection shall--
       ``(A) be publicly owned; or
       ``(B) be privately owned if the public authority with 
     jurisdiction over the highway, bridge, tunnel, or approach 
     has entered into a contract with 1 or more private persons to 
     design, finance, construct, and operate the facility and the 
     public authority will be responsible for complying with all 
     applicable requirements of this title with respect to the 
     facility.
       ``(3) Limitations on use of revenues.--
       ``(A) In general.--A public authority with jurisdiction 
     over a toll facility shall use all toll revenues received 
     from operation of the toll facility only for--
       ``(i) debt service with respect to the projects on or for 
     which the tolls are authorized, including funding of 
     reasonable reserves and debt service on refinancing;
       ``(ii) a reasonable return on investment of any private 
     person financing the project, as determined by the State or 
     interstate compact of States concerned;
       ``(iii) any costs necessary for the improvement and proper 
     operation and maintenance of the toll facility, including 
     reconstruction, resurfacing, restoration, and rehabilitation;
       ``(iv) if the toll facility is subject to a public-private 
     partnership agreement, payments that the party holding the 
     right to toll revenues owes to the other party under the 
     public-private partnership agreement; and
       ``(v) if the public authority certifies annually that the 
     tolled facility is being adequately maintained, any other 
     purpose for which Federal funds may be obligated by a State 
     under this title.
       ``(B) Annual audit.--
       ``(i) In general.--A public authority with jurisdiction 
     over a toll facility shall conduct or have an independent 
     auditor conduct an annual audit of toll facility records to 
     verify adequate maintenance and compliance with subparagraph 
     (A), and report the results of the audits to the Secretary.

[[Page H4475]]

       ``(ii) Records.--On reasonable notice, the public authority 
     shall make all records of the public authority pertaining to 
     the toll facility available for audit by the Secretary.
       ``(C) Noncompliance.--If the Secretary concludes that a 
     public authority has not complied with the limitations on the 
     use of revenues described in subparagraph (A), the Secretary 
     may require the public authority to discontinue collecting 
     tolls until an agreement with the Secretary is reached to 
     achieve compliance with the limitation on the use of revenues 
     described in subparagraph (A).
       ``(4) Limitations on conversion of high occupancy vehicle 
     facilities on interstate system.--
       ``(A) In general.--A public authority with jurisdiction 
     over a high occupancy vehicle facility on the Interstate 
     System may undertake reconstruction, restoration, or 
     rehabilitation under paragraph (1)(G) on the facility, and 
     may levy tolls on vehicles, excluding high occupancy 
     vehicles, using the reconstructed, restored, or rehabilitated 
     facility, if the public authority--
       ``(i) in the case of a high occupancy vehicle facility that 
     affects a metropolitan area, submits to the Secretary a 
     written assurance that the metropolitan planning organization 
     designated under section 5203 of title 49 for the area has 
     been consulted concerning the placement and amount of tolls 
     on the converted facility;
       ``(ii) develops, manages, and maintains a system that will 
     automatically collect the toll; and
       ``(iii) establishes policies and procedures--

       ``(I) to manage the demand to use the facility by varying 
     the toll amount that is charged; and
       ``(II) to enforce sanctions for violations of use of the 
     facility.

       ``(B) Exemption from tolls.--In levying tolls on a facility 
     under subparagraph (A), a public authority may designate 
     classes of vehicles that are exempt from the tolls or charge 
     different toll rates for different classes of vehicles.
       ``(5) Special rule for funding.--
       ``(A) In general.--In the case of a toll facility under the 
     jurisdiction of a public authority of a State (other than the 
     State transportation department), on request of the State 
     transportation department and subject to such terms and 
     conditions as the department and public authority may agree, 
     the Secretary, working through the State department of 
     transportation, shall reimburse the public authority for the 
     Federal share of the costs of construction of the project 
     carried out on the toll facility under this subsection in the 
     same manner and to the same extent as the department would be 
     reimbursed if the project was being carried out by the 
     department.
       ``(B) Source.--The reimbursement of funds under this 
     paragraph shall be from sums apportioned to the State under 
     this chapter and available for obligations on projects on the 
     Federal-aid system in the State on which the project is being 
     carried out.
       ``(6) Limitation on federal share.--The Federal share 
     payable for a project described in paragraph (1) shall be a 
     percentage determined by the State, but not to exceed 80 
     percent.
       ``(7) Modifications.--If a public authority (including a 
     State transportation department) with jurisdiction over a 
     toll facility subject to an agreement under this section or 
     section 119(e), as in effect on the day before the effective 
     date of title I of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1915), requests 
     modification of the agreement, the Secretary shall modify the 
     agreement to allow the continuation of tolls in accordance 
     with paragraph (3) without repayment of Federal funds.
       ``(8) Loans.--
       ``(A) In general.--
       ``(i) Loans.--Using amounts made available under this 
     title, a State may loan to a public or private entity 
     constructing or proposing to construct under this section a 
     toll facility or non-toll facility with a dedicated revenue 
     source an amount equal to all or part of the Federal share of 
     the cost of the project if the project has a revenue source 
     specifically dedicated to the project.
       ``(ii) Dedicated revenue sources.--Dedicated revenue 
     sources for non-toll facilities include excise taxes, sales 
     taxes, motor vehicle use fees, tax on real property, tax 
     increment financing, and such other dedicated revenue sources 
     as the Secretary determines appropriate.
       ``(B) Compliance with federal laws.--As a condition of 
     receiving a loan under this paragraph, the public or private 
     entity that receives the loan shall ensure that the project 
     will be carried out in accordance with this title and any 
     other applicable Federal law, including any applicable 
     provision of a Federal environmental law.
       ``(C) Subordination of debt.--The amount of any loan 
     received for a project under this paragraph may be 
     subordinated to any other debt financing for the project.
       ``(D) Obligation of funds loaned.--Funds loaned under this 
     paragraph may only be obligated for projects under this 
     paragraph.
       ``(E) Repayment.--The repayment of a loan made under this 
     paragraph shall commence not later than 5 years after date on 
     which the facility that is the subject of the loan is open to 
     traffic.
       ``(F) Term of loan.--The term of a loan made under this 
     paragraph shall not exceed 30 years from the date on which 
     the loan funds are obligated.
       ``(G) Interest.--A loan made under this paragraph shall 
     bear interest at or below market interest rates, as 
     determined by the State, to make the project that is the 
     subject of the loan feasible.
       ``(H) Reuse of funds.--Amounts repaid to a State from a 
     loan made under this paragraph may be obligated--
       ``(i) for any purpose for which the loan funds were 
     available under this title; and
       ``(ii) for the purchase of insurance or for use as a 
     capital reserve for other forms of credit enhancement for 
     project debt in order to improve credit market access or to 
     lower interest rates for projects eligible for assistance 
     under this title.
       ``(I) Guidelines.--The Secretary shall establish procedures 
     and guidelines for making loans under this paragraph.
       ``(9) State law permitting tolling.--If a State does not 
     have a highway, bridge, or tunnel toll facility as of the 
     date of enactment of the MAP-21, before commencing any 
     activity authorized under this section, the State shall have 
     in effect a law that permits tolling on a highway, bridge, or 
     tunnel.
       ``(10) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) High occupancy vehicle; hov.--The term `high 
     occupancy vehicle' or `HOV' means a vehicle with not fewer 
     than 2 occupants.
       ``(B) Initial construction.--
       ``(i) In general.--The term `initial construction' means 
     the construction of a highway, bridge, tunnel, or other 
     facility at any time before it is open to traffic.
       ``(ii) Exclusions.--The term `initial construction' does 
     not include any improvement to a highway, bridge, tunnel, or 
     other facility after it is open to traffic.
       ``(C) Public authority.--The term `public authority' means 
     a State, interstate compact of States, or public entity 
     designated by a State.
       ``(D) Toll facility.--The term `toll facility' means a toll 
     highway, bridge, or tunnel or approach to the highway, 
     bridge, or tunnel constructed under this subsection.''.
       (b) Electronic Toll Collection Interoperability 
     Requirements.--Not later than 4 years after the date of 
     enactment of this Act, all toll facilities on the Federal-aid 
     highways shall implement technologies or business practices 
     that provide for the interoperability of electronic toll 
     collection programs.

     SEC. 1513. MISCELLANEOUS PARKING AMENDMENTS.

       (a) Fringe and Corridor Parking Facilities.--Section 137 of 
     title 23, United States Code, is amended--
       (1) in subsection (f)(1)--
       (A) by striking ``104(b)(4)'' and inserting ``104(b)(1)''; 
     and
       (B) by inserting ``including the addition of electric 
     vehicle charging stations or natural gas vehicle refueling 
     stations,'' after ``new facilities,''; and
       (2) by adding at the end the following:
       ``(g) Funding.--The addition of electric vehicle charging 
     stations or natural gas vehicle refueling stations to new or 
     previously funded parking facilities shall be eligible for 
     funding under this section.''.
       (b) Public Transportation.--Section 142(a)(1) of title 23, 
     United States Code, is amended by inserting ``, which may 
     include electric vehicle charging stations or natural gas 
     vehicle refueling stations,'' after ``parking facilities''.
       (c) Forest Development Roads and Trails.--Section 205(d) of 
     title 23, United States Code, is amended by inserting ``, 
     which may include electric vehicle charging stations or 
     natural gas vehicle refueling stations,'' after ``parking 
     areas''.

     SEC. 1514. HOV FACILITIES.

       Section 166 of title 23, United States Code, is amended--
       (1) in subsection (b)(5)--
       (A) in subparagraph (A) by striking ``2009'' and inserting 
     ``2017'';
       (B) in subparagraph (B) by striking ``2009'' and inserting 
     ``2017''; and
       (C) in subparagraph (C)--
       (i) by striking ``subparagraph (B)'' and inserting ``this 
     paragraph''; and
       (ii) by inserting ``or equal to'' after ``less than'';
       (2) in subsection (c) by striking paragraph (3) and 
     inserting the following:
       ``(3) Toll revenue.--Toll revenue collected under this 
     section is subject to the requirements of section 
     129(a)(3).''; and
       (3) in subsection (d)(1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by striking ``in a fiscal year shall certify'' and 
     inserting ``shall submit to the Secretary a report 
     demonstrating that the facility is not already degraded, and 
     that the presence of the vehicles will not cause the facility 
     to become degraded, and certify''; and
       (ii) by striking ``in the fiscal year'';
       (B) in subparagraph (A) by inserting ``and submitting to 
     the Secretary annual reports of those impacts'' after 
     ``adjacent highways'';
       (C) in subparagraph (C) by striking ``if the presence of 
     the vehicles has degraded the operation of the facility'' and 
     inserting ``whenever the operation of the facility is 
     degraded''; and
       (D) by adding at the end the following:
       ``(D) Maintenance of operating performance.--Not later than 
     180 days after the date on which a facility is degraded 
     pursuant to the standard specified in paragraph (2), the 
     State agency with jurisdiction over the facility shall bring 
     the facility into compliance with the minimum average 
     operating speed performance standard through changes to 
     operation of the facility, including--
       ``(i) increasing the occupancy requirement for HOV lanes;
       ``(ii) varying the toll charged to vehicles allowed under 
     subsection (b) to reduce demand;
       ``(iii) discontinuing allowing non-HOV vehicles to use HOV 
     lanes under subsection (b); or
       ``(iv) increasing the available capacity of the HOV 
     facility.
       ``(E) Compliance.--If the State fails to bring a facility 
     into compliance under subparagraph (D), the Secretary shall 
     subject the State to appropriate program sanctions under 
     section 1.36 of title 23, Code of Federal Regulations (or 
     successor regulations), until the performance is no longer 
     degraded.''.

     SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION 
                   EMERGENCIES.

       (a) In General.--Chapter 1 of title 23, United States Code 
     (as amended by section 1311(a)), is amended by adding at the 
     end the following:

[[Page H4476]]

     ``Sec. 170. Funding flexibility for transportation 
       emergencies

       ``(a) In General.--Notwithstanding any other provision of 
     law, a State may use up to 100 percent of any covered funds 
     of the State to repair or replace a transportation facility 
     that has suffered serious damage as a result of a natural 
     disaster or catastrophic failure from an external cause.
       ``(b) Declaration of Emergency.--Funds may be used under 
     this section only for a disaster or emergency declared by the 
     President pursuant to the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       ``(c) Repayment.--Funds used under subsection (a) shall be 
     repaid to the program from which the funds were taken in the 
     event that such repairs or replacement are subsequently 
     covered by a supplemental appropriation of funds.
       ``(d) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Covered funds.--The term `covered funds' means any 
     amounts apportioned to a State under section 104(b), other 
     than amounts suballocated to metropolitan areas and other 
     areas of the State under section 133(d), but including any 
     such amounts required to be set aside for a purpose other 
     than the repair or replacement of a transportation facility 
     under this section.
       ``(2) Transportation facility.--The term `transportation 
     facility' means any facility eligible for assistance under 
     section 125.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     chapter 1 of title 23, United States Code (as amended by 
     section 1311(b)), is amended by adding at the end the 
     following:

``170. Funding flexibility for transportation emergencies.''.

     SEC. 1516. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO 
                   ADDRESS TRANSPORTATION INFRASTRUCTURE IN THE 
                   VICINITY OF MILITARY INSTALLATIONS.

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

     SEC. 1517. MAPPING.

       (a) In General.--Section 306 of title 23, United States 
     Code, is amended--
       (1) in subsection (a) by striking ``may'' and inserting 
     ``shall'';
       (2) in subsection (b) in the second sentence by striking 
     ``State and'' and inserting ``State government and''; and
       (3) by adding at the end the following:
       ``(c) Implementation.--The Secretary shall develop a 
     process for the oversight and monitoring, on an annual basis, 
     of the compliance of each State with the guidance issued 
     under subsection (b).''.
       (b) Survey.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall conduct a survey 
     of all States to determine what percentage of projects 
     carried out under title 23, United States Code, in each State 
     utilize private sector sources for surveying and mapping 
     services.

     SEC. 1518. BUY AMERICA PROVISIONS.

       Section 313 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(g) Application to Highway Programs.--The requirements 
     under this section shall apply to all contracts eligible for 
     assistance under this chapter for a project carried out 
     within the scope of the applicable finding, determination, or 
     decision under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.), regardless of the funding source of 
     such contracts, if at least 1 contract for the project is 
     funded with amounts made available to carry out this 
     title.''.

     SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE 
                   PROVISIONS.

       (a) Consolidation of Programs.--From administrative funds 
     made available under section 104(a) of title 23, United 
     States Code, not less than $3,000,000 for each of fiscal 
     years 2013 and 2014 shall be made available--
       (1) to carry out safety-related activities, including--
       (A) to carry out the operation lifesaver program--
       (i) to provide public information and education programs to 
     help prevent and reduce motor vehicle accidents, injuries, 
     and fatalities; and
       (ii) to improve driver performance at railway-highway 
     crossings; and
       (B) to provide work zone safety grants in accordance with 
     subsections (a) and (b) of section 1409 of the SAFETEA-LU (23 
     U.S.C. 401 note; 119 Stat. 1232); and
       (2) to operate authorized safety-related clearinghouses, 
     including--
       (A) the national work zone safety information clearinghouse 
     authorized by section 358(b)(2) of the National Highway 
     System Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 
     625); and
       (B) a public road safety clearinghouse in accordance with 
     section 1411(a) of the SAFETEA-LU (23 U.S.C. 402 note; 119 
     Stat. 1234).
       (b) Repeals.--
       (1) Title 23.--
       (A) In general.--Sections 105, 110, 117, 124, 151, 155, 
     157, 160, 212, 216, 303, and 309 of title 23, United States 
     Code, are repealed.
       (B) Set asides.--Section 118 of title 23, United States 
     Code, is amended--
       (i) by striking subsection (c); and
       (ii) by redesignating subsections (d) and (e) as 
     subsections (c) and (d), respectively.
       (2) SAFETEA-LU.--Sections 1302, 1305, 1306, 1803, 1804, 
     1907, and 1958 of SAFETEA-LU (Public Law 109-59) are 
     repealed.
       (3) Additional.--Section 1132 of the Energy Independence 
     and Security Act of 2007 (Public Law 110-140; 121 Stat. 1763) 
     is repealed.
       (c) Conforming Amendments.--
       (1) Title analysis.--
       (A) Chapter 1.--The analysis for chapter 1 of title 23, 
     United States Code, is amended by striking the items relating 
     to sections 105, 110, 117, 124, 151, 155, 157, and 160.
       (B) Chapter 2.--The analysis for chapter 2 of title 23, 
     United States Code, is amended by striking the items relating 
     to sections 212 and 216.
       (C) Chapter 3.--The analysis for chapter 3 of title 23, 
     United States Code, is amended by striking the items relating 
     to sections 303 and 309.
       (2) Table of contents.--The table of contents contained in 
     section 1(b) of SAFETEA-LU (Public Law 109-59; 119 Stat. 
     1144) is amended by striking the items relating to sections 
     1302, 1305, 1306, 1803, 1804, 1907, and 1958.
       (3) Section 104.--Section 104(e) of title 23, United States 
     Code, is amended by striking ``, 105,''.
       (4) Section 109.--Section 109(q) of title 23, United States 
     Code, is amended by striking ``in accordance with section 303 
     or''.
       (5) Section 118.--Section 118(b) of title 23, United States 
     Code, is amended--
       (A) by striking paragraph (1) and all that follows through 
     the heading of paragraph (2); and
       (B) by striking ``(other than for Interstate 
     construction)''.
       (6) Section 130.--Section 130 of title 23, United States 
     Code, is amended--
       (A) in subsection (e) by striking ``section 104(b)(5)'' and 
     inserting ``section 104(b)(3)'';
       (B) in subsection (f)(1) by inserting ``as in effect on the 
     day before the date of enactment of the MAP-21'' after 
     ``section 104(b)(3)(A)''; and
       (C) in subsection (l) by striking paragraphs (3) and (4).
       (7) Section 131.--Section 131(m) of title 23, United States 
     Code, is amended by striking ``Subject to approval by the 
     Secretary in accordance with the program of projects approval 
     process of section 105, a State'' and inserting ``A State''.
       (8) Section 133.--Paragraph (13) of section 133(b) of title 
     23, United States Code (as amended by section 1108(a)(3)), is 
     amended by striking ``under section 303.''
       (9) Section 142.--Section 142 of title 23, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

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

       (ii) in paragraph (2)--

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

       (B) in subsection (b) by striking ``104(b)(4)'' and 
     inserting ``104(b)(1)'';
       (C) in subsection (c)--
       (i) by striking ``system'' in each place it appears and 
     inserting ``highway''; and
       (ii) by striking ``highway facilities'' and inserting 
     ``highways eligible under the program that is the source of 
     the funds'';
       (D) in subsection (e)(2) by striking ``Notwithstanding 
     section 209(f)(1) of the Highway Revenue Act of 1956, the 
     Highway Trust Fund shall be available for making expenditures 
     to meet obligations resulting from projects authorized by 
     subsection (a)(2) of this section and such projects'' and 
     inserting ``Projects authorized by subsection (a)(2)''; and
       (E) in subsection (f) by striking ``exits'' and inserting 
     ``exists''.
       (10) Section 145.--Section 145(b) of title 23, United 
     States Code, is amended by striking ``section 117 of this 
     title,''.
       (11) Section 218.--Section 218 of title 23, United States 
     Code, is amended--
       (A) in subsection (a)--
       (i) by striking the first two sentences;
       (ii) in the third sentence--

       (I) by striking ``, in addition to such funds,''; and
       (II) by striking ``such highway or'';

       (iii) by striking the fourth sentence and fifth sentences;
       (B) by striking subsection (b); and
       (C) by redesignating subsection (c) as subsection (b).
       (12) Section 610.--Section 610(d)(1)(B) of title 23, United 
     States Code, is amended by striking ``under section 105''.

     SEC. 1520. 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:

[[Page H4477]]

     ``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. 1521. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY 
                   ACQUISITION POLICIES ACT OF 1970 AMENDMENTS.

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

     ``SEC. 214. AGENCY COORDINATION.

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

     SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM 
                   AXLE WEIGHT RESTRICTIONS.

       Section 1023(h) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-
     240) is amended--
       (1) in the heading of paragraph (1) by striking ``temporary 
     exemption'' and inserting ``exemption'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A) by striking 
     ``, for the period beginning on October 6, 1992, and ending 
     on October 1, 2009,'';
       (B) in subparagraph (A) by striking ``or'' at the end;
       (C) in subparagraph (B) by striking the period at the end 
     and inserting ``; or''; and
       (D) by adding at the end the following:
       ``(C) any motor home (as defined in section 571.3 of title 
     49, Code of Federal Regulations (or successor 
     regulation)).''; and
       (3) in paragraph (2)(A) by striking ``For the period 
     beginning on the date of enactment of this subparagraph and 
     ending on September 30, 2009, a'' and inserting ``A''.

     SEC. 1523. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND 
                   OVERPASSES.

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

     SEC. 1524. USE OF YOUTH SERVICE AND CONSERVATION CORPS.

       (a) In General.--The Secretary shall encourage the States 
     and regional transportation planning agencies to enter into 
     contracts and cooperative agreements with qualified youth 
     service or conservation corps, as defined in sections 
     122(a)(2) of Public Law 101-610 (42 U.S.C. 12572(a)(2)) and 
     106(c)(3) of Public Law 103-82 (42 U.S.C. 12656(c)(3)) to 
     perform appropriate projects eligible under sections 162, 
     206, 213, and 217 of title 23, United States Code, and under 
     section 1404 of the SAFETEA-LU (119 Stat. 1228).
       (b) Requirements.--Under any contract or cooperative 
     agreement entered into with a qualified youth service or 
     conservation corps under this section, the Secretary shall--
       (1) set the amount of a living allowance or rate of pay for 
     each participant in such corps at--
       (A) such amount or rate as required under State law in a 
     State with such requirements; or
       (B) for corps in States not described in subparagraph (A), 
     at such amount or rate as determined by the Secretary, not to 
     exceed the maximum living allowance authorized by section 140 
     of Public Law 101-610 (42 U.S.C. 12594); and
       (2) not subject such corps to the requirements of section 
     112 of title 23, United States Code.

     SEC. 1525. STATE AUTONOMY FOR CULVERT PIPE SELECTION.

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

     SEC. 1526. EVACUATION ROUTES.

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

     SEC. 1527. CONSOLIDATION OF GRANTS.

       (a) Definitions.--In this section, the term ``recipient'' 
     means--
       (1) a State, local, or tribal government, including--
       (A) a territory of the United States;
       (B) a transit agency;
       (C) a port authority;
       (D) a metropolitan planning organization; or
       (E) any other political subdivision of a State or local 
     government;
       (2) a multistate or multijurisdictional group, if each 
     member of the group is an entity described in paragraph (1); 
     and
       (3) a public-private partnership, if both parties are 
     engaged in building the project.

[[Page H4478]]

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

     SEC. 1528. 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.
       (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 100 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 100 percent.
       (d) Completion Plan.--
       (1) In general.--Subject to paragraph (2), 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.
       (2) Significant uncompleted miles.--If the percentage of 
     remaining Appalachian development highway system needs for a 
     State, according to the latest cost to complete estimate for 
     the Appalachian development highway system, is greater than 
     15 percent of the total cost to complete estimate for the 
     entire Appalachian development highway system, the State 
     shall not establish a plan under paragraph (1) that would 
     result in a reduction of obligated funds for the Appalachian 
     development highway system within the State for any 
     subsequent fiscal year.

     SEC. 1529. ENGINEERING JUDGMENT.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary shall issue guidance to State 
     transportation departments clarifying that the standards, 
     guidance, and options for design and application of traffic 
     control devices provided in the Manual on Uniform Traffic 
     Control Devices should not be considered a substitute for 
     engineering judgment.

     SEC. 1530. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.

       To encourage the development of careers in the 
     transportation field, the Secretary of Education and the 
     Secretary of Labor are encouraged to use funds for training 
     and employment education programs--
       (1) to develop programs for transportation-related careers 
     and trades; and
       (2) to work with the Secretary to carry out programs 
     developed under paragraph (1).

     SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS.

       (a) Definition of Covered Grant Award.--In this section, 
     the term ``covered grant award'' means a grant award--
       (1) made--
       (A) by the Department; and
       (B) with funds made available under this Act; and
       (2) in an amount equal to or greater than $500,000.
       (b) Notice.--Except to the extent otherwise expressly 
     provided in another provision of law, at least 3 business 
     days before a covered grant award is announced, the Secretary 
     shall provide to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate 
     written notice of the covered grant award.

     SEC. 1532. BUDGET JUSTIFICATION.

       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 budget justification for each agency of 
     the Department concurrently with the annual budget submission 
     of the President to Congress under section 1105(a) of title 
     31, United States Code.

     SEC. 1533. PROHIBITION ON USE OF FUNDS FOR AUTOMATED TRAFFIC 
                   ENFORCEMENT.

       (a) Definition of Automated Traffic Enforcement System.--In 
     this section, the term ``automated traffic enforcement 
     system'' means any camera that captures an image of a vehicle 
     for the purposes of traffic law enforcement.
       (b) Use of Funds.--Except as provided in subsection (c), 
     for fiscal years 2013 and 2014, funds apportioned to a State 
     under section 104(b)(3) of title 23, United States Code, may 
     not be used for any program to purchase, operate, or maintain 
     an automated traffic enforcement system.
       (c) Exception.--Subsection (b) shall not apply to automated 
     traffic enforcement systems used to improve safety in school 
     zones.

     SEC. 1534. PUBLIC-PRIVATE PARTNERSHIPS.

       (a) Best Practices.--The Secretary shall compile, and make 
     available to the public on the website of the Department, 
     best practices on how States, public transportation agencies, 
     and other public officials can work with the private sector 
     in the development, financing, construction, and operation of 
     transportation facilities.
       (b) Contents.--The best practices compiled under subsection 
     (a) shall include polices and techniques to ensure that the 
     interests of the traveling public and State and local 
     governments are protected in any agreement entered into with 
     the private sector for the development, financing, 
     construction, and operation of transportation facilities.
       (c) Technical Assistance.--The Secretary, on request, may 
     provide technical assistance to States, public transportation 
     agencies, and other public officials regarding proposed 
     public-private partnership agreements for the development, 
     financing, construction, and operation of transportation 
     facilities, including assistance in analyzing whether the use 
     of a public-private partnership agreement would provide value 
     compared with traditional public delivery methods.
       (d) Standard Transaction Contracts.--
       (1) Development.--Not later than 18 months after the date 
     of enactment of this Act, the Secretary shall develop 
     standard public-private partnership transaction model 
     contracts for the most popular types of public-private 
     partnerships for the development, financing, construction, 
     and operation of transportation facilities.
       (2) Use.--The Secretary shall encourage States, public 
     transportation agencies, and other public officials to use 
     the model contracts as a base template when developing their 
     own public-private partnership agreements for the 
     development, financing, construction, and operation of 
     transportation facilities.

     SEC. 1535. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.

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

[[Page H4479]]

     Trust Fund Expenditures on Purposes Other Than Construction 
     and Maintenance of Highways and Bridges During Fiscal Years 
     2004-2008''.

     SEC. 1536. SENSE OF CONGRESS ON HARBOR MAINTENANCE.

       (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) 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;
       (5) 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;
       (6) despite growth of the Harbor Maintenance Trust Fund, 
     expenditures from the Harbor Maintenance Trust Fund have not 
     been sufficiently spent; and
       (7) 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 Congress.--It is the sense of Congress 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. 1537. ESTIMATE OF HARBOR MAINTENANCE NEEDS.

       For fiscal year 2014 and each fiscal year thereafter, the 
     President's budget request submitted pursuant to section 1105 
     of title 31, United States Code, shall include--
       (1) an estimate of the nationwide average availability, 
     expressed as a percentage, of the authorized depth and 
     authorized width of all navigation channels authorized to be 
     maintained using appropriations from the Harbor Maintenance 
     Trust Fund that would result from harbor maintenance 
     activities to be funded by the budget request; and
       (2) an estimate of the average annual amount of 
     appropriations from the Harbor Maintenance Trust Fund that 
     would be required to increase that average availability to 95 
     percent over a 3-year period.

     SEC. 1538. ASIAN CARP.

       (a) Definitions.--In this section:
       (1) Hydrological separation.--The term ``hydrological 
     separation'' means a physical separation on the Chicago Area 
     Waterway System that--
       (A) would disconnect the Mississippi River watershed from 
     the Lake Michigan watershed; and
       (B) shall be designed to be adequate in scope to prevent 
     the transfer of all aquatic species between each of those 
     bodies of water.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (b) Expedited Study and Report.--
       (1) In general.--The Secretary shall--
       (A) expedite completion of the report for the study 
     authorized by section 3061(d) of the Water Resources 
     Development Act of 2007 (Public Law 110-114; 121 Stat. 1121); 
     and
       (B) if the Secretary determines a project is justified in 
     the completed report, proceed directly to project 
     preconstruction engineering and design.
       (2) Focus.--In expediting the completion of the study and 
     report under paragraph (1), the Secretary shall focus on--
       (A) the prevention of the spread of aquatic nuisance 
     species between the Great Lakes and Mississippi River Basins, 
     such as through the permanent hydrological separation of the 
     Great Lakes and Mississippi River Basins; and
       (B) the watersheds of the following rivers and tributaries 
     associated with the Chicago Area Waterway System:
       (i) The Illinois River, at and in the vicinity of Chicago, 
     Illinois.
       (ii) The Chicago River, Calumet River, North Shore Channel, 
     Chicago Sanitary and Ship Canal, and Cal-Sag Channel in the 
     State of Illinois.
       (iii) The Grand Calumet River and Little Calumet River in 
     the States of Illinois and Indiana.
       (3) Efficient use of funds.--The Secretary shall ensure the 
     efficient use of funds to maximize the timely completion of 
     the study and report under paragraph (1).
       (4) Deadline.--The Secretary shall complete the report 
     under paragraph (1) by not later than 18 months after the 
     date of enactment of this Act.
       (5) Interim report.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and Senate, the Committee on Environment and Public Works of 
     the Senate, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     describing--
       (A) interim milestones that will be met prior to final 
     completion of the study and report under paragraph (1); and
       (B) funding necessary for completion of the study and 
     report under paragraph (1), including funding necessary for 
     completion of each interim milestone identified under 
     subparagraph (A).

     SEC. 1539. REST AREAS.

       (a) Agreements Relating to Use of and Access to Rights-of-
     way--Interstate System.--Section 111 of title 23, United 
     States Code, is amended--
       (1) in subsection (a) in the second sentence by striking 
     the period and inserting ``and will not change the boundary 
     of any right-of-way on the Interstate System to accommodate 
     construction of, or afford access to, an automotive service 
     station or other commercial establishment.'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (3) by inserting after subsection (a) the following:
       ``(b) Rest Areas.--
       ``(1) In general.--Notwithstanding subsection (a), the 
     Secretary shall permit a State to acquire, construct, 
     operate, and maintain a rest area along a highway on the 
     Interstate System in such State.
       ``(2) Limited activities.--The Secretary shall permit 
     limited commercial activities within a rest area under 
     paragraph (1), if the activities are available only to 
     customers using the rest area and are limited to--
       ``(A) commercial advertising and media displays if such 
     advertising and displays are--
       ``(i) exhibited solely within any facility constructed in 
     the rest area; and
       ``(ii) not legible from the main traveled way;
       ``(B) items designed to promote tourism in the State, 
     limited to books, DVDs, and other media;
       ``(C) tickets for events or attractions in the State of a 
     historical or tourism-related nature;
       ``(D) travel-related information, including maps, travel 
     booklets, and hotel coupon booklets; and
       ``(E) lottery machines, provided that the priority afforded 
     to blind vendors under subsection (c) applies to this 
     subparagraph.
       ``(3) Private operators.--A State may permit a private 
     party to operate such commercial activities.
       ``(4) Limitation on use of revenues.--A State shall use any 
     revenues received from the commercial activities in a rest 
     area under this section to cover the costs of acquiring, 
     constructing, operating, and maintaining rest areas in the 
     State.''.
       (b) Control of Outdoor Advertising.--Section 131(i) of 
     title 23, United States Code, is amended by adding at the end 
     the following:

     ``A State may permit the installation of signs that 
     acknowledge the sponsorship of rest areas within such rest 
     areas or along the main traveled way of the system, provided 
     that such signs shall not affect the safe and efficient 
     utilization of the Interstate System and the primary system. 
     The Secretary shall establish criteria for the installation 
     of such signs on the main traveled way, including criteria 
     pertaining to the placement of rest area sponsorship 
     acknowledgment signs in relation to the placement of advance 
     guide signs for rest areas.''.
                   Subtitle F--Gulf Coast Restoration

     SEC. 1601. SHORT TITLE.

       This subtitle may be cited as the ``Resources and 
     Ecosystems Sustainability, Tourist Opportunities, and Revived 
     Economies of the Gulf Coast States Act of 2012''.

     SEC. 1602. GULF COAST RESTORATION TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a trust fund to be known as the ``Gulf 
     Coast Restoration Trust Fund'' (referred to in this section 
     as the ``Trust Fund''), consisting of such amounts as are 
     deposited in the Trust Fund under this Act or any other 
     provision of law.
       (b) Transfers.--The Secretary of the Treasury shall deposit 
     in the Trust Fund an amount equal to 80 percent of all 
     administrative and civil penalties paid by responsible 
     parties after the date of enactment of this Act in connection 
     with the explosion on, and sinking of, the mobile offshore 
     drilling unit Deepwater Horizon pursuant to a court order, 
     negotiated settlement, or other instrument in accordance with 
     section 311 of the Federal Water Pollution Control Act (33 
     U.S.C. 1321).
       (c) Expenditures.--Amounts in the Trust Fund, including 
     interest earned on advances to the Trust Fund and proceeds 
     from investment under subsection (d), shall--
       (1) be available for expenditure, without further 
     appropriation, solely for the purpose and eligible activities 
     of this subtitle and the amendments made by this subtitle; 
     and
       (2) remain available until expended, without fiscal year 
     limitation.
       (d) Investment.--Amounts in the Trust Fund shall be 
     invested in accordance with section 9702 of title 31, United 
     States Code, and any interest on, and proceeds from, any such 
     investment shall be available for expenditure in accordance 
     with this subtitle and the amendments made by this subtitle.
       (e) Administration.--Not later than 180 days after the date 
     of enactment of this Act, after providing notice and an 
     opportunity for public comment, the Secretary of the 
     Treasury, in consultation with the Secretary of the Interior 
     and the Secretary of Commerce, shall establish such 
     procedures as the Secretary determines to be necessary to 
     deposit amounts in, and expend amounts from, the Trust Fund 
     pursuant to this subtitle, including--

[[Page H4480]]

       (1) procedures to assess whether the programs and 
     activities carried out under this subtitle and the amendments 
     made by this subtitle achieve compliance with applicable 
     requirements, including procedures by which the Secretary of 
     the Treasury may determine whether an expenditure by a Gulf 
     Coast State or coastal political subdivision (as those terms 
     are defined in section 311 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1321)) pursuant to such a program or 
     activity achieves compliance;
       (2) auditing requirements to ensure that amounts in the 
     Trust Fund are expended as intended; and
       (3) procedures for identification and allocation of funds 
     available to the Secretary under other provisions of law that 
     may be necessary to pay the administrative expenses directly 
     attributable to the management of the Trust Fund.
       (f) Sunset.--The authority for the Trust Fund shall 
     terminate on the date all funds in the Trust Fund have been 
     expended.

     SEC. 1603. GULF COAST NATURAL RESOURCES RESTORATION AND 
                   ECONOMIC RECOVERY.

       Section 311 of the Federal Water Pollution Control Act (33 
     U.S.C. 1321) is amended--
       (1) in subsection (a)--
       (A) in paragraph (25)(B), by striking ``and'' at the end;
       (B) in paragraph (26)(D), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(27) the term `best available science' means science 
     that--
       ``(A) maximizes the quality, objectivity, and integrity of 
     information, including statistical information;
       ``(B) uses peer-reviewed and publicly available data; and
       ``(C) clearly documents and communicates risks and 
     uncertainties in the scientific basis for such projects;
       ``(28) the term `Chairperson' means the Chairperson of the 
     Council;
       ``(29) the term `coastal political subdivision' means any 
     local political jurisdiction that is immediately below the 
     State level of government, including a county, parish, or 
     borough, with a coastline that is contiguous with any portion 
     of the United States Gulf of Mexico;
       ``(30) the term `Comprehensive Plan' means the 
     comprehensive plan developed by the Council pursuant to 
     subsection (t);
       ``(31) the term `Council' means the Gulf Coast Ecosystem 
     Restoration Council established pursuant to subsection (t);
       ``(32) the term `Deepwater Horizon oil spill' means the 
     blowout and explosion of the mobile offshore drilling unit 
     Deepwater Horizon that occurred on April 20, 2010, and 
     resulting hydrocarbon releases into the environment;
       ``(33) the term `Gulf Coast region' means--
       ``(A) in the Gulf Coast States, the coastal zones (as that 
     term is defined in section 304 of the Coastal Zone Management 
     Act of 1972 (16 U.S.C. 1453)), except that, in this section, 
     the term `coastal zones' includes land within the coastal 
     zones that is held in trust by, or the use of which is by law 
     subject solely to the discretion of, the Federal Government 
     or officers or agents of the Federal Government)) that border 
     the Gulf of Mexico;
       ``(B) any adjacent land, water, and watersheds, that are 
     within 25 miles of the coastal zones described in 
     subparagraph (A) of the Gulf Coast States; and
       ``(C) all Federal waters in the Gulf of Mexico;
       ``(34) the term `Gulf Coast State' means any of the States 
     of Alabama, Florida, Louisiana, Mississippi, and Texas; and
       ``(35) the term `Trust Fund' means the Gulf Coast 
     Restoration Trust Fund established pursuant to section 1602 
     of the Resources and Ecosystems Sustainability, Tourist 
     Opportunities, and Revived Economies of the Gulf Coast States 
     Act of 2012.'';
       (2) in subsection (s), by inserting ``except as provided in 
     subsection (t)'' before the period at the end; and
       (3) by adding at the end the following:
       ``(t) Gulf Coast Restoration and Recovery.--
       ``(1) State allocation and expenditures.--
       ``(A) In general.--Of the total amounts made available in 
     any fiscal year from the Trust Fund, 35 percent shall be 
     available, in accordance with the requirements of this 
     section, to the Gulf Coast States in equal shares for 
     expenditure for ecological and economic restoration of the 
     Gulf Coast region in accordance with this subsection.
       ``(B) Use of funds.--
       ``(i) Eligible activities in the gulf coast region.--
     Subject to clause (iii), amounts provided to the Gulf Coast 
     States under this subsection may only be used to carry out 1 
     or more of the following activities in the Gulf Coast region:

       ``(I) Restoration and protection of the natural resources, 
     ecosystems, fisheries, marine and wildlife habitats, beaches, 
     and coastal wetlands of the Gulf Coast region.
       ``(II) Mitigation of damage to fish, wildlife, and natural 
     resources.
       ``(III) Implementation of a federally approved marine, 
     coastal, or comprehensive conservation management plan, 
     including fisheries monitoring.
       ``(IV) Workforce development and job creation.
       ``(V) Improvements to or on State parks located in coastal 
     areas affected by the Deepwater Horizon oil spill.
       ``(VI) Infrastructure projects benefitting the economy or 
     ecological resources, including port infrastructure.
       ``(VII) Coastal flood protection and related 
     infrastructure.
       ``(VIII) Planning assistance.
       ``(IX) Administrative costs of complying with this 
     subsection.

       ``(ii) Activities to promote tourism and seafood in the 
     gulf coast region.--Amounts provided to the Gulf Coast States 
     under this subsection may be used to carry out 1 or more of 
     the following activities:

       ``(I) Promotion of tourism in the Gulf Coast Region, 
     including recreational fishing.
       ``(II) Promotion of the consumption of seafood harvested 
     from the Gulf Coast Region.

       ``(iii) Limitation.--

       ``(I) In general.--Of the amounts received by a Gulf Coast 
     State under this subsection, not more than 3 percent may be 
     used for administrative costs eligible under clause (i)(IX).
       ``(II) Claims for compensation.--Activities funded under 
     this subsection may not be included in any claim for 
     compensation paid out by the Oil Spill Liability Trust Fund 
     after the date of enactment of this subsection.

       ``(C) Coastal political subdivisions.--
       ``(i) Distribution.--In the case of a State where the 
     coastal zone includes the entire State--

       ``(I) 75 percent of funding shall be provided directly to 
     the 8 disproportionately affected counties impacted by the 
     Deepwater Horizon oil spill; and
       ``(II) 25 percent shall be provided directly to 
     nondisproportionately impacted counties within the State.

       ``(ii) Nondisproportionately impacted counties.--The total 
     amounts made available to coastal political subdivisions in 
     the State of Florida under clause (i)(II) shall be 
     distributed according to the following weighted formula:

       ``(I) 34 percent based on the weighted average of the 
     population of the county.
       ``(II) 33 percent based on the weighted average of the 
     county per capita sales tax collections estimated for fiscal 
     year 2012.
       ``(III) 33 percent based on the inverse proportion of the 
     weighted average distance from the Deepwater Horizon oil rig 
     to each of the nearest and farthest points of the shoreline.

       ``(D) Louisiana.--
       ``(i) In general.--Of the total amounts made available to 
     the State of Louisiana under this paragraph:

       ``(I) 70 percent shall be provided directly to the State in 
     accordance with this subsection.
       ``(II) 30 percent shall be provided directly to parishes in 
     the coastal zone (as defined in section 304 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1453)) of the State of 
     Louisiana according to the following weighted formula:

       ``(aa) 40 percent based on the weighted average of miles of 
     the parish shoreline oiled.
       ``(bb) 40 percent based on the weighted average of the 
     population of the parish.
       ``(cc) 20 percent based on the weighted average of the land 
     mass of the parish.
       ``(ii) Conditions.--

       ``(I) Land use plan.--As a condition of receiving amounts 
     allocated under this paragraph, the chief executive of the 
     eligible parish shall certify to the Governor of the State 
     that the parish has completed a comprehensive land use plan.
       ``(II) Other conditions.--A coastal political subdivision 
     receiving funding under this paragraph shall meet all of the 
     conditions in subparagraph (E).

       ``(E) Conditions.--As a condition of receiving amounts from 
     the Trust Fund, a Gulf Coast State, including the entities 
     described in subparagraph (F), or a coastal political 
     subdivision shall--
       ``(i) agree to meet such conditions, including audit 
     requirements, as the Secretary of the Treasury determines 
     necessary to ensure that amounts disbursed from the Trust 
     Fund will be used in accordance with this subsection;
       ``(ii) certify in such form and in such manner as the 
     Secretary of the Treasury determines necessary that the 
     project or program for which the Gulf Coast State or coastal 
     political subdivision is requesting amounts--

       ``(I) is designed to restore and protect the natural 
     resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, coastal wetlands, or economy of the Gulf 
     Coast;
       ``(II) carries out 1 or more of the activities described in 
     clauses (i) and (ii) of subparagraph (B);
       ``(III) was selected based on meaningful input from the 
     public, including broad-based participation from individuals, 
     businesses, and nonprofit organizations; and
       ``(IV) in the case of a natural resource protection or 
     restoration project, is based on the best available science;

       ``(iii) certify that the project or program and the 
     awarding of a contract for the expenditure of amounts 
     received under this paragraph are consistent with the 
     standard procurement rules and regulations governing a 
     comparable project or program in that State, including all 
     applicable competitive bidding and audit requirements; and
       ``(iv) develop and submit a multiyear implementation plan 
     for the use of such amounts, which may include milestones, 
     projected completion of each activity, and a mechanism to 
     evaluate the success of each activity in helping to restore 
     and protect the Gulf Coast region impacted by the Deepwater 
     Horizon oil spill.
       ``(F) Approval by state entity, task force, or agency.--The 
     following Gulf Coast State entities, task forces, or agencies 
     shall carry out the duties of a Gulf Coast State pursuant to 
     this paragraph:
       ``(i) Alabama.--

       ``(I) In general.--In the State of Alabama, the Alabama 
     Gulf Coast Recovery Council, which shall be comprised of only 
     the following:

       ``(aa) The Governor of Alabama, who shall also serve as 
     Chairperson and preside over the meetings of the Alabama Gulf 
     Coast Recovery Council.
       ``(bb) The Director of the Alabama State Port Authority, 
     who shall also serve as Vice Chairperson and preside over the 
     meetings of the Alabama Gulf Coast Recovery Council in the 
     absence of the Chairperson.
       ``(cc) The Chairman of the Baldwin County Commission.

[[Page H4481]]

       ``(dd) The President of the Mobile County Commission.
       ``(ee) The Mayor of the city of Bayou La Batre.
       ``(ff) The Mayor of the town of Dauphin Island.
       ``(gg) The Mayor of the city of Fairhope.
       ``(hh) The Mayor of the city of Gulf Shores.
       ``(ii) The Mayor of the city of Mobile.
       ``(jj) The Mayor of the city of Orange Beach.

       ``(II) Vote.--Each member of the Alabama Gulf Coast 
     Recovery Council shall be entitled to 1 vote.
       ``(III) Majority vote.--All decisions of the Alabama Gulf 
     Coast Recovery Council shall be made by majority vote.
       ``(IV) Limitation on administrative expenses.--
     Administrative duties for the Alabama Gulf Coast Recovery 
     Council may only be performed by public officials and 
     employees that are subject to the ethics laws of the State of 
     Alabama.

       ``(ii) Louisiana.--In the State of Louisiana, the Coastal 
     Protection and Restoration Authority of Louisiana.
       ``(iii) Mississippi.--In the State of Mississippi, the 
     Mississippi Department of Environmental Quality.
       ``(iv) Texas.--In the State of Texas, the Office of the 
     Governor or an appointee of the Office of the Governor.
       ``(G) Compliance with eligible activities.--If the 
     Secretary of the Treasury determines that an expenditure by a 
     Gulf Coast State or coastal political subdivision of amounts 
     made available under this subsection does not meet one of the 
     activities described in clauses (i) and (ii) of subparagraph 
     (B), the Secretary shall make no additional amounts from the 
     Trust Fund available to that Gulf Coast State or coastal 
     political subdivision until such time as an amount equal to 
     the amount expended for the unauthorized use--
       ``(i) has been deposited by the Gulf Coast State or coastal 
     political subdivision in the Trust Fund; or
       ``(ii) has been authorized by the Secretary of the Treasury 
     for expenditure by the Gulf Coast State or coastal political 
     subdivision for a project or program that meets the 
     requirements of this subsection.
       ``(H) Compliance with conditions.--If the Secretary of the 
     Treasury determines that a Gulf Coast State or coastal 
     political subdivision does not meet the requirements of this 
     paragraph, including the conditions of subparagraph (E), 
     where applicable, the Secretary of the Treasury shall make no 
     amounts from the Trust Fund available to that Gulf Coast 
     State or coastal political subdivision until all conditions 
     of this paragraph are met.
       ``(I) Public input.--In meeting any condition of this 
     paragraph, a Gulf Coast State may use an appropriate 
     procedure for public consultation in that Gulf Coast State, 
     including consulting with one or more established task forces 
     or other entities, to develop recommendations for proposed 
     projects and programs that would restore and protect the 
     natural resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, coastal wetlands, and economy of the Gulf 
     Coast.
       ``(J) Previously approved projects and programs.--A Gulf 
     Coast State or coastal political subdivision shall be 
     considered to have met the conditions of subparagraph (E) for 
     a specific project or program if, before the date of 
     enactment of the Resources and Ecosystems Sustainability, 
     Tourist Opportunities, and Revived Economies of the Gulf 
     Coast States Act of 2012--
       ``(i) the Gulf Coast State or coastal political subdivision 
     has established conditions for carrying out projects and 
     programs that are substantively the same as the conditions 
     described in subparagraph (E); and
       ``(ii) the applicable project or program carries out 1 or 
     more of the activities described in clauses (i) and (ii) of 
     subparagraph (B).
       ``(K) Local preference.--In awarding contracts to carry out 
     a project or program under this paragraph, a Gulf Coast State 
     or coastal political subdivision may give a preference to 
     individuals and companies that reside in, are headquartered 
     in, or are principally engaged in business in the State of 
     project execution.
       ``(L) Unused funds.--Funds allocated to a State or coastal 
     political subdivision under this paragraph shall remain in 
     the Trust Fund until such time as the State or coastal 
     political subdivision develops and submits a plan identifying 
     uses for those funds in accordance with subparagraph (E)(iv).
       ``(M) Judicial review.--If the Secretary of the Treasury 
     determines that a Gulf Coast State or coastal political 
     subdivision does not meet the requirements of this paragraph, 
     including the conditions of subparagraph (E), the Gulf Coast 
     State or coastal political subdivision may obtain expedited 
     judicial review within 90 days after that decision in a 
     district court of the United States, of appropriate 
     jurisdiction and venue, that is located within the State 
     seeking the review.
       ``(N) Cost-sharing.--
       ``(i) In general.--A Gulf Coast State or coastal political 
     subdivision may use, in whole or in part, amounts made 
     available under this paragraph to that Gulf Coast State or 
     coastal political subdivision to satisfy the non-Federal 
     share of the cost of any project or program authorized by 
     Federal law that is an eligible activity described in clauses 
     (i) and (ii) of subparagraph (B).
       ``(ii) Effect on other funds.--The use of funds made 
     available from the Trust Fund to satisfy the non-Federal 
     share of the cost of a project or program that meets the 
     requirements of clause (i) shall not affect the priority in 
     which other Federal funds are allocated or awarded.
       ``(2) Council establishment and allocation.--
       ``(A) In general.--Of the total amount made available in 
     any fiscal year from the Trust Fund, 30 percent shall be 
     disbursed to the Council to carry out the Comprehensive Plan.
       ``(B) Council expenditures.--
       ``(i) In general.--In accordance with this paragraph, the 
     Council shall expend funds made available from the Trust Fund 
     to undertake projects and programs, using the best available 
     science, that would restore and protect the natural 
     resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, coastal wetlands, and economy of the Gulf 
     Coast.
       ``(ii) Allocation and expenditure procedures.--The 
     Secretary of the Treasury shall develop such conditions, 
     including audit requirements, as the Secretary of the 
     Treasury determines necessary to ensure that amounts 
     disbursed from the Trust Fund to the Council to implement the 
     Comprehensive Plan will be used in accordance with this 
     paragraph.
       ``(iii) Administrative expenses.--Of the amounts received 
     by the Council under this paragraph, not more than 3 percent 
     may be used for administrative expenses, including staff.
       ``(C) Gulf coast ecosystem restoration council.--
       ``(i) Establishment.--There is established as an 
     independent entity in the Federal Government a council to be 
     known as the `Gulf Coast Ecosystem Restoration Council'.
       ``(ii) Membership.--The Council shall consist of the 
     following members, or in the case of a Federal agency, a 
     designee at the level of the Assistant Secretary or the 
     equivalent:

       ``(I) The Secretary of the Interior.
       ``(II) The Secretary of the Army.
       ``(III) The Secretary of Commerce.
       ``(IV) The Administrator of the Environmental Protection 
     Agency.
       ``(V) The Secretary of Agriculture.
       ``(VI) The head of the department in which the Coast Guard 
     is operating.
       ``(VII) The Governor of the State of Alabama.
       ``(VIII) The Governor of the State of Florida.
       ``(IX) The Governor of the State of Louisiana.
       ``(X) The Governor of the State of Mississippi.
       ``(XI) The Governor of the State of Texas.

       ``(iii) Alternate.--A Governor appointed to the Council by 
     the President may designate an alternate to represent the 
     Governor on the Council and vote on behalf of the Governor.
       ``(iv) Chairperson.--From among the Federal agency members 
     of the Council, the representatives of States on the Council 
     shall select, and the President shall appoint, 1 Federal 
     member to serve as Chairperson of the Council.
       ``(v) Presidential appointment.--All Council members shall 
     be appointed by the President.
       ``(vi) Council actions.--

       ``(I) In general.--The following actions by the Council 
     shall require the affirmative vote of the Chairperson and a 
     majority of the State members to be effective:

       ``(aa) Approval of a Comprehensive Plan and future 
     revisions to a Comprehensive Plan.
       ``(bb) Approval of State plans pursuant to paragraph 
     (3)(B)(iv).
       ``(cc) Approval of reports to Congress pursuant to clause 
     (vii)(VII).
       ``(dd) Approval of transfers pursuant to subparagraph 
     (E)(ii)(I).
       ``(ee) Other significant actions determined by the Council.

       ``(II) Quorum.--A majority of State members shall be 
     required to be present for the Council to take any 
     significant action.
       ``(III) Affirmative vote requirement considered met.--For 
     approval of State plans pursuant to paragraph (3)(B)(iv), the 
     certification by a State member of the Council that the plan 
     satisfies all requirements of clauses (i) and (ii) of 
     paragraph (3)(B), when joined by an affirmative vote of the 
     Federal Chairperson of the Council, shall be considered to 
     satisfy the requirements for affirmative votes under 
     subclause (I).
       ``(IV) Public transparency.--Appropriate actions of the 
     Council, including significant actions and associated 
     deliberations, shall be made available to the public via 
     electronic means prior to any vote.

       ``(vii) Duties of council.--The Council shall--

       ``(I) develop the Comprehensive Plan and future revisions 
     to the Comprehensive Plan;
       ``(II) identify as soon as practicable the projects that--

       ``(aa) have been authorized prior to the date of enactment 
     of this subsection but not yet commenced; and
       ``(bb) if implemented quickly, would restore and protect 
     the natural resources, ecosystems, fisheries, marine and 
     wildlife habitats, beaches, barrier islands, dunes, and 
     coastal wetlands of the Gulf Coast region;

       ``(III) establish such other 1 or more advisory committees 
     as may be necessary to assist the Council, including a 
     scientific advisory committee and a committee to advise the 
     Council on public policy issues;
       ``(IV) collect and consider scientific and other research 
     associated with restoration of the Gulf Coast ecosystem, 
     including research, observation, and monitoring carried out 
     pursuant to sections 1604 and 1605 of the Resources and 
     Ecosystems Sustainability, Tourist Opportunities, and Revived 
     Economies of the Gulf Coast States Act of 2012;
       ``(V) develop standard terms to include in contracts for 
     projects and programs awarded pursuant to the Comprehensive 
     Plan that provide a preference to individuals and companies 
     that reside in, are headquartered in, or are principally 
     engaged in business in a Gulf Coast State;
       ``(VI) prepare an integrated financial plan and 
     recommendations for coordinated budget requests for the 
     amounts proposed to be expended by the Federal agencies 
     represented on the Council for projects and programs in the 
     Gulf Coast States; and
       ``(VII) submit to Congress an annual report that--

[[Page H4482]]

       ``(aa) summarizes the policies, strategies, plans, and 
     activities for addressing the restoration and protection of 
     the Gulf Coast region;
       ``(bb) describes the projects and programs being 
     implemented to restore and protect the Gulf Coast region, 
     including--
       ``(AA) a list of each project and program;
       ``(BB) an identification of the funding provided to 
     projects and programs identified in subitem (AA);
       ``(CC) an identification of each recipient for funding 
     identified in subitem (BB); and
       ``(DD) a description of the length of time and funding 
     needed to complete the objectives of each project and program 
     identified in subitem (AA);
       ``(cc) makes such recommendations to Congress for 
     modifications of existing laws as the Council determines 
     necessary to implement the Comprehensive Plan;
       ``(dd) reports on the progress on implementation of each 
     project or program--
       ``(AA) after 3 years of ongoing activity of the project or 
     program, if applicable; and
       ``(BB) on completion of the project or program;
       ``(ee) includes the information required to be submitted 
     under section 1605(c)(4) of the Resources and Ecosystems 
     Sustainability, Tourist Opportunities, and Revived Economies 
     of the Gulf Coast States Act of 2012; and
       ``(ff) submits the reports required under item (dd) to--
       ``(AA) the Committee on Science, Space, and Technology, the 
     Committee on Natural Resources, the Committee on 
     Transportation and Infrastructure, and the Committee on 
     Appropriations of the House of Representatives; and
       ``(BB) the Committee on Environment and Public Works, the 
     Committee on Commerce, Science, and Transportation, the 
     Committee on Energy and Natural Resources, and the Committee 
     on Appropriations of the Senate.
       ``(viii) Application of federal advisory committee act.--
     The Council, or any other advisory committee established 
     under this subparagraph, shall not be considered an advisory 
     committee under the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       ``(ix) Sunset.--The authority for the Council, and any 
     other advisory committee established under this subparagraph, 
     shall terminate on the date all funds in the Trust Fund have 
     been expended.
       ``(D) Comprehensive plan.--
       ``(i) Proposed plan.--

       ``(I) In general.--Not later than 180 days after the date 
     of enactment of the Resources and Ecosystems Sustainability, 
     Tourist Opportunities, and Revived Economies of the Gulf 
     Coast States Act of 2012, the Chairperson, on behalf of the 
     Council and after appropriate public input, review, and 
     comment, shall publish a proposed plan to restore and protect 
     the natural resources, ecosystems, fisheries, marine and 
     wildlife habitats, beaches, and coastal wetlands of the Gulf 
     Coast region.
       ``(II) Inclusions.--The proposed plan described in 
     subclause (I) shall include and incorporate the findings and 
     information prepared by the President's Gulf Coast 
     Restoration Task Force.

       ``(ii) Publication.--

       ``(I) Initial plan.--Not later than 1 year after the date 
     of enactment of the Resources and Ecosystems Sustainability, 
     Tourist Opportunities, and Revived Economies of the Gulf 
     Coast States Act of 2012 and after notice and opportunity for 
     public comment, the Chairperson, on behalf of the Council and 
     after approval by the Council, shall publish in the Federal 
     Register the initial Comprehensive Plan to restore and 
     protect the natural resources, ecosystems, fisheries, marine 
     and wildlife habitats, beaches, and coastal wetlands of the 
     Gulf Coast region.
       ``(II) Cooperation with gulf coast restoration task 
     force.--The Council shall develop the initial Comprehensive 
     Plan in close coordination with the President's Gulf Coast 
     Restoration Task Force.
       ``(III) Considerations.--In developing the initial 
     Comprehensive Plan and subsequent updates, the Council shall 
     consider all relevant findings, reports, or research prepared 
     or funded under section 1604 or 1605 of the Resources and 
     Ecosystems Sustainability, Tourist Opportunities, and Revived 
     Economies of the Gulf Coast States Act of 2012.
       ``(IV) Contents.--The initial Comprehensive Plan shall 
     include--

       ``(aa) such provisions as are necessary to fully 
     incorporate in the Comprehensive Plan the strategy, projects, 
     and programs recommended by the President's Gulf Coast 
     Restoration Task Force;
       ``(bb) a list of any project or program authorized prior to 
     the date of enactment of this subsection but not yet 
     commenced, the completion of which would further the purposes 
     and goals of this subsection and of the Resources and 
     Ecosystems Sustainability, Tourist Opportunities, and Revived 
     Economies of the Gulf Coast States Act of 2012;
       ``(cc) a description of the manner in which amounts from 
     the Trust Fund projected to be made available to the Council 
     for the succeeding 10 years will be allocated; and
       ``(dd) subject to available funding in accordance with 
     clause (iii), a prioritized list of specific projects and 
     programs to be funded and carried out during the 3-year 
     period immediately following the date of publication of the 
     initial Comprehensive Plan, including a table that 
     illustrates the distribution of projects and programs by the 
     Gulf Coast State.

       ``(V) Plan updates.--The Council shall update--

       ``(aa) the Comprehensive Plan every 5 years in a manner 
     comparable to the manner established in this subparagraph for 
     each 5-year period for which amounts are expected to be made 
     available to the Gulf Coast States from the Trust Fund; and
       ``(bb) the 3-year list of projects and programs described 
     in subclause (IV)(dd) annually.
       ``(iii) Restoration priorities.--Except for projects and 
     programs described in clause (ii)(IV)(bb), in selecting 
     projects and programs to include on the 3-year list described 
     in clause (ii)(IV)(dd), based on the best available science, 
     the Council shall give highest priority to projects that 
     address 1 or more of the following criteria:

       ``(I) Projects that are projected to make the greatest 
     contribution to restoring and protecting the natural 
     resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, and coastal wetlands of the Gulf Coast 
     region, without regard to geographic location within the Gulf 
     Coast region.
       ``(II) Large-scale projects and programs that are projected 
     to substantially contribute to restoring and protecting the 
     natural resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, and coastal wetlands of the Gulf Coast 
     ecosystem.
       ``(III) Projects contained in existing Gulf Coast State 
     comprehensive plans for the restoration and protection of 
     natural resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, and coastal wetlands of the Gulf Coast 
     region.
       ``(IV) Projects that restore long-term resiliency of the 
     natural resources, ecosystems, fisheries, marine and wildlife 
     habitats, beaches, and coastal wetlands most impacted by the 
     Deepwater Horizon oil spill.

       ``(E) Implementation.--
       ``(i) In general.--The Council, acting through the Federal 
     agencies represented on the Council and Gulf Coast States, 
     shall expend funds made available from the Trust Fund to 
     carry out projects and programs adopted in the Comprehensive 
     Plan.
       ``(ii) Administrative responsibility.--

       ``(I) In general.--Primary authority and responsibility for 
     each project and program included in the Comprehensive Plan 
     shall be assigned by the Council to a Gulf Coast State 
     represented on the Council or a Federal agency.
       ``(II) Transfer of amounts.--Amounts necessary to carry out 
     each project or program included in the Comprehensive Plan 
     shall be transferred by the Secretary of the Treasury from 
     the Trust Fund to that Federal agency or Gulf Coast State as 
     the project or program is implemented, subject to such 
     conditions as the Secretary of the Treasury, in consultation 
     with the Secretary of the Interior and the Secretary of 
     Commerce, established pursuant to section 1602 of the 
     Resources and Ecosystems Sustainability, Tourist 
     Opportunities, and Revived Economies of the Gulf Coast States 
     Act of 2012.
       ``(III) Limitation on transfers.--

       ``(aa) Grants to nongovernmental entities.--In the case of 
     funds transferred to a Federal or State agency under 
     subclause (II), the agency shall not make 1 or more grants or 
     cooperative agreements to a nongovernmental entity if the 
     total amount provided to the entity would equal or exceed 10 
     percent of the total amount provided to the agency for that 
     particular project or program, unless the 1 or more grants 
     have been reported in accordance with item (bb).
       ``(bb) Reporting of grantees.--At least 30 days prior to 
     making a grant or entering into a cooperative agreement 
     described in item (aa), the name of each grantee, including 
     the amount and purpose of each grant or cooperative 
     agreement, shall be published in the Federal Register and 
     delivered to the congressional committees listed in 
     subparagraph (C)(vii)(VII)(ff).
       ``(cc) Annual reporting of grantees.--Annually, the name of 
     each grantee, including the amount and purposes of each grant 
     or cooperative agreement, shall be published in the Federal 
     Register and delivered to Congress as part of the report 
     submitted pursuant to subparagraph (C)(vii)(VII).

       ``(IV) Project and program limitation.--The Council, a 
     Federal agency, or a State may not carry out a project or 
     program funded under this paragraph outside of the Gulf Coast 
     region.

       ``(F) Coordination.--The Council and the Federal members of 
     the Council may develop memoranda of understanding 
     establishing integrated funding and implementation plans 
     among the member agencies and authorities.
       ``(3) Oil spill restoration impact allocation.--
       ``(A) In general.--
       ``(i) Disbursement.--Of the total amount made available 
     from the Trust Fund, 30 percent shall be disbursed pursuant 
     to the formula in clause (ii) to the Gulf Coast States on the 
     approval of the plan described in subparagraph (B)(i).
       ``(ii) Formula.--Subject to subparagraph (B), for each Gulf 
     Coast State, the amount disbursed under this paragraph shall 
     be based on a formula established by the Council by 
     regulation that is based on a weighted average of the 
     following criteria:

       ``(I) 40 percent based on the proportionate number of miles 
     of shoreline in each Gulf Coast State that experienced oiling 
     on or before April 10, 2011, compared to the total number of 
     miles of shoreline that experienced oiling as a result of the 
     Deepwater Horizon oil spill.
       ``(II) 40 percent based on the inverse proportion of the 
     average distance from the mobile offshore drilling unit 
     Deepwater Horizon at the time of the explosion to the nearest 
     and farthest point of the shoreline that experienced oiling 
     of each Gulf Coast State.
       ``(III) 20 percent based on the average population in the 
     2010 decennial census of coastal counties bordering the Gulf 
     of Mexico within each Gulf Coast State.

       ``(iii) Minimum allocation.--The amount disbursed to a Gulf 
     Coast State for each fiscal year under clause (ii) shall be 
     at least 5 percent of the total amounts made available under 
     this paragraph.

[[Page H4483]]

       ``(B) Disbursement of funds.--
       ``(i) In general.--The Council shall disburse amounts to 
     the respective Gulf Coast States in accordance with the 
     formula developed under subparagraph (A) for projects, 
     programs, and activities that will improve the ecosystems or 
     economy of the Gulf Coast region, subject to the condition 
     that each Gulf Coast State submits a plan for the expenditure 
     of amounts disbursed under this paragraph that meets the 
     following criteria:

       ``(I) All projects, programs, and activities included in 
     the plan are eligible activities pursuant to clauses (i) and 
     (ii) of paragraph (1)(B).
       ``(II) The projects, programs, and activities included in 
     the plan contribute to the overall economic and ecological 
     recovery of the Gulf Coast.
       ``(III) The plan takes into consideration the Comprehensive 
     Plan and is consistent with the goals and objectives of the 
     Plan, as described in paragraph (2)(B)(i).

       ``(ii) Funding.--

       ``(I) In general.--Except as provided in subclause (II), 
     the plan described in clause (i) may use not more than 25 
     percent of the funding made available for infrastructure 
     projects eligible under subclauses (VI) and (VII) of 
     paragraph (1)(B)(i).
       ``(II) Exception.--The plan described in clause (i) may 
     propose to use more than 25 percent of the funding made 
     available for infrastructure projects eligible under 
     subclauses (VI) and (VII) of paragraph (1)(B)(i) if the plan 
     certifies that--

       ``(aa) ecosystem restoration needs in the State will be 
     addressed by the projects in the proposed plan; and
       ``(bb) additional investment in infrastructure is required 
     to mitigate the impacts of the Deepwater Horizon Oil Spill to 
     the ecosystem or economy.
       ``(iii) Development.--The plan described in clause (i) 
     shall be developed by--

       ``(I) in the State of Alabama, the Alabama Gulf Coast 
     Recovery Council established under paragraph (1)(F)(i);
       ``(II) in the State of Florida, a consortia of local 
     political subdivisions that includes at a minimum 1 
     representative of each affected county;
       ``(III) in the State of Louisiana, the Coastal Protection 
     and Restoration Authority of Louisiana;
       ``(IV) in the State of Mississippi, the Office of the 
     Governor or an appointee of the Office of the Governor; and
       ``(V) in the State of Texas, the Office of the Governor or 
     an appointee of the Office of the Governor.

       ``(iv) Approval.--Not later than 60 days after the date on 
     which a plan is submitted under clause (i), the Council shall 
     approve or disapprove the plan based on the conditions of 
     clause (i).
       ``(C) Disapproval.--If the Council disapproves a plan 
     pursuant to subparagraph (B)(iv), the Council shall--
       ``(i) provide the reasons for disapproval in writing; and
       ``(ii) consult with the State to address any identified 
     deficiencies with the State plan.
       ``(D) Failure to submit adequate plan.--If a State fails to 
     submit an adequate plan under this paragraph, any funds made 
     available under this paragraph shall remain in the Trust Fund 
     until such date as a plan is submitted and approved pursuant 
     to this paragraph.
       ``(E) Judicial review.--If the Council fails to approve or 
     take action within 60 days on a plan, as described in 
     subparagraph (B)(iv), the State may obtain expedited judicial 
     review within 90 days of that decision in a district court of 
     the United States, of appropriate jurisdiction and venue, 
     that is located within the State seeking the review.
       ``(F) Cost-sharing.--
       ``(i) In general.--A Gulf Coast State or coastal political 
     subdivision may use, in whole or in part, amounts made 
     available to that Gulf Coast State or coastal political 
     subdivision under this paragraph to satisfy the non-Federal 
     share of any project or program that--

       ``(I) is authorized by other Federal law; and
       ``(II) is an eligible activity described in clause (i) or 
     (ii) of paragraph (1)(B).

       ``(ii) Effect on other funds.--The use of funds made 
     available from the Trust Fund under this paragraph to satisfy 
     the non-Federal share of the cost of a project or program 
     described in clause (i) shall not affect the priority in 
     which other Federal funds are allocated or awarded.
       ``(4) Authorization of interest transfers.--Of the total 
     amount made available for any fiscal year from the Trust Fund 
     that is equal to the interest earned by the Trust Fund and 
     proceeds from investments made by the Trust Fund in the 
     preceding fiscal year--
       ``(A) 50 percent shall be divided equally between--
       ``(i) the Gulf Coast Ecosystem Restoration Science, 
     Observation, Monitoring, and Technology program authorized in 
     section 1604 of the Resources and Ecosystems Sustainability, 
     Tourist Opportunities, and Revived Economies of the Gulf 
     Coast States Act of 2012; and
       ``(ii) the centers of excellence research grants authorized 
     in section 1605 of that Act; and
       ``(B) 50 percent shall be made available to the Gulf Coast 
     Ecosystem Restoration Council to carry out the Comprehensive 
     Plan pursuant to paragraph (2).''.

     SEC. 1604. GULF COAST ECOSYSTEM RESTORATION SCIENCE, 
                   OBSERVATION, MONITORING, AND TECHNOLOGY 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       (2) Commission.--The term ``Commission'' means the Gulf 
     States Marine Fisheries Commission.
       (3) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (4) Program.--The term ``program'' means the Gulf Coast 
     Ecosystem Restoration Science, Observation, Monitoring, and 
     Technology program established under this section.
       (b) Establishment of Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Director, shall establish the Gulf Coast Ecosystem 
     Restoration Science, Observation, Monitoring, and Technology 
     program to carry out research, observation, and monitoring to 
     support, to the maximum extent practicable, the long-term 
     sustainability of the ecosystem, fish stocks, fish habitat, 
     and the recreational, commercial, and charter fishing 
     industry in the Gulf of Mexico.
       (2) Expenditure of funds.--For each fiscal year, amounts 
     made available to carry out this subsection may be expended 
     for, with respect to the Gulf of Mexico--
       (A) marine and estuarine research;
       (B) marine and estuarine ecosystem monitoring and ocean 
     observation;
       (C) data collection and stock assessments;
       (D) pilot programs for--
       (i) fishery independent data; and
       (ii) reduction of exploitation of spawning aggregations; 
     and
       (E) cooperative research.
       (3) Cooperation with the commission.--For each fiscal year, 
     amounts made available to carry out this subsection may be 
     transferred to the Commission to establish a fisheries 
     monitoring and research program, with respect to the Gulf of 
     Mexico.
       (4) Consultation.--The Administrator and the Director shall 
     consult with the Regional Gulf of Mexico Fishery Management 
     Council and the Commission in carrying out the program.
       (c) Species Included.--The research, monitoring, 
     assessment, and programs eligible for amounts made available 
     under the program shall include all marine, estuarine, 
     aquaculture, and fish species in State and Federal waters of 
     the Gulf of Mexico.
       (d) Research Priorities.--In distributing funding under 
     this subsection, priority shall be given to integrated, long-
     term projects that--
       (1) build on, or are coordinated with, related research 
     activities; and
       (2) address current or anticipated marine ecosystem, 
     fishery, or wildlife management information needs.
       (e) Duplication.--In carrying out this section, the 
     Administrator, in consultation with the Director, shall seek 
     to avoid duplication of other research and monitoring 
     activities.
       (f) Coordination With Other Programs.--The Administrator, 
     in consultation with the Director, shall develop a plan for 
     the coordination of projects and activities between the 
     program and other existing Federal and State science and 
     technology programs in the States of Alabama, Florida, 
     Louisiana, Mississippi, and Texas, as well as between the 
     centers of excellence.
       (g) Limitation on Expenditures.--
       (1) In general.--Not more than 3 percent of funds provided 
     in subsection (h) shall be used for administrative expenses.
       (2) NOAA.--The funds provided in subsection (h) may not be 
     used--
       (A) for any existing or planned research led by the 
     National Oceanic and Atmospheric Administration, unless 
     agreed to in writing by the grant recipient;
       (B) to implement existing regulations or initiate new 
     regulations promulgated or proposed by the National Oceanic 
     and Atmospheric Administration; or
       (C) to develop or approve a new limited access privilege 
     program (as that term is used in section 303A of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1853a)) for any fishery under the jurisdiction of the 
     South Atlantic, Mid-Atlantic, New England, or Gulf of Mexico 
     Fishery Management Councils.
       (h) Funding.--Of the total amount made available for each 
     fiscal year for the Gulf Coast Restoration Trust Fund 
     established under section 1602, 2.5 percent shall be 
     available to carry out the program.
       (i) Sunset.--The program shall cease operations when all 
     funds in the Gulf Coast Restoration Trust Fund established 
     under section 1602 have been expended.

     SEC. 1605. CENTERS OF EXCELLENCE RESEARCH GRANTS.

       (a) In General.--Of the total amount made available for 
     each fiscal year from the Gulf Coast Restoration Trust Fund 
     established under section 1602, 2.5 percent shall be made 
     available to the Gulf Coast States (as defined in section 
     311(a) of the Federal Water Pollution Control Act (as added 
     by section 1603 of the Resources and Ecosystems 
     Sustainability, Tourist Opportunities, and Revived Economies 
     of the Gulf Coast States Act of 2012)), in equal shares, 
     exclusively for grants in accordance with subsection (c) to 
     establish centers of excellence to conduct research only on 
     the Gulf Coast Region (as defined in section 311 of the 
     Federal Water Pollution Control Act (33. U.S.C. 1321)).
       (b) Approval by State Entity, Task Force, or Agency.--The 
     duties of a Gulf Coast State under this section shall be 
     carried out by the applicable Gulf Coast State entities, task 
     forces, or agencies listed in section 311(t)(1)(F) of the 
     Federal Water Pollution Control Act (as added by section 1603 
     of the Resources and Ecosystems Sustainability, Tourist 
     Opportunities, and Revived Economies of the Gulf Coast States 
     Act of 2012), and for the State of Florida, a consortium of 
     public and private research institutions within the State, 
     which shall include the Florida Department of Environmental 
     Protection and the

[[Page H4484]]

     Florida Fish and Wildlife Conservation Commission, for that 
     Gulf Coast State.
       (c) Grants.--
       (1) In general.--A Gulf Coast State shall use the amounts 
     made available to carry out this section to award competitive 
     grants to nongovernmental entities and consortia in the Gulf 
     Coast region (including public and private institutions of 
     higher education) for the establishment of centers of 
     excellence as described in subsection (d).
       (2) Application.--To be eligible to receive a grant under 
     this subsection, an entity or consortium described in 
     paragraph (1) shall submit to a Gulf Coast State an 
     application at such time, in such manner, and containing such 
     information as the Gulf Coast State determines to be 
     appropriate.
       (3) Priority.--In awarding grants under this subsection, a 
     Gulf Coast State shall give priority to entities and 
     consortia that demonstrate the ability to establish the 
     broadest cross-section of participants with interest and 
     expertise in any discipline described in subsection (d) on 
     which the proposal of the center of excellence will be 
     focused.
       (4) Reporting.--
       (A) In general.--Each Gulf Coast State shall provide 
     annually to the Gulf Coast Ecosystem Restoration Council 
     established under section 311(t)(2)(C) of the Federal Water 
     Pollution Control Act (as added by section 1603 of the 
     Resources and Ecosystems Sustainability, Tourist 
     Opportunities, and Revived Economies of the Gulf Coast States 
     Act of 2012) information regarding all grants, including the 
     amount, discipline or disciplines, and recipients of the 
     grants, and in the case of any grant awarded to a consortium, 
     the membership of the consortium.
       (B) Inclusion.--The Gulf Coast Ecosystem Restoration 
     Council shall include the information received under 
     subparagraph (A) in the annual report to Congress of the 
     Council required under section 311(t)(2)(C)(vii)(VII) of the 
     Federal Water Pollution Control Act (as added by section 1603 
     of the Resources and Ecosystems Sustainability, Tourist 
     Opportunities, and Revived Economies of the Gulf Coast States 
     Act of 2012).
       (d) Disciplines.--Each center of excellence shall focus on 
     science, technology, and monitoring in at least 1 of the 
     following disciplines:
       (1) Coastal and deltaic sustainability, restoration and 
     protection, including solutions and technology that allow 
     citizens to live in a safe and sustainable manner in a 
     coastal delta in the Gulf Coast Region.
       (2) Coastal fisheries and wildlife ecosystem research and 
     monitoring in the Gulf Coast Region.
       (3) Offshore energy development, including research and 
     technology to improve the sustainable and safe development of 
     energy resources in the Gulf of Mexico.
       (4) Sustainable and resilient growth, economic and 
     commercial development in the Gulf Coast Region.
       (5) Comprehensive observation, monitoring, and mapping of 
     the Gulf of Mexico.

     SEC. 1606. EFFECT.

       (a) Definition of Deepwater Horizon Oil Spill.--In this 
     section, the term ``Deepwater Horizon oil spill'' has the 
     meaning given the term in section 311(a) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1321(a)).
       (b) Effect and Application.--Nothing in this subtitle or 
     any amendment made by this subtitle--
       (1) supersedes or otherwise affects any other provision of 
     Federal law, including, in particular, laws providing 
     recovery for injury to natural resources under the Oil 
     Pollution Act of 1990 (33 U.S.C. 2701 et seq.) and laws for 
     the protection of public health and the environment; or
       (2) applies to any fine collected under section 311 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1321) for any 
     incident other than the Deepwater Horizon oil spill.
       (c) Use of Funds.--Funds made available under this subtitle 
     may be used only for eligible activities specifically 
     authorized by this subtitle and the amendments made by this 
     subtitle.

     SEC. 1607. RESTORATION AND PROTECTION ACTIVITY LIMITATIONS.

       (a) Willing Seller.--Funds made available under this 
     subtitle may only be used to acquire land or interests in 
     land by purchase, exchange, or donation from a willing 
     seller.
       (b) Acquisition of Federal Land.--None of the funds made 
     available under this subtitle may be used to acquire land in 
     fee title by the Federal Government unless--
       (1) the land is acquired by exchange or donation; or
       (2) the acquisition is necessary for the restoration and 
     protection of the natural resources, ecosystems, fisheries, 
     marine and wildlife habitats, beaches, and coastal wetlands 
     of the Gulf Coast region and has the concurrence of the 
     Governor of the State in which the acquisition will take 
     place.

     SEC. 1608. INSPECTOR GENERAL.

       The Office of the Inspector General of the Department of 
     the Treasury shall have authority to conduct, supervise, and 
     coordinate audits and investigations of projects, programs, 
     and activities funded under this subtitle and the amendments 
     made by this subtitle.
          TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION

     SEC. 2001. SHORT TITLE.

       This title may be cited as the ``America Fast Forward 
     Financing Innovation Act of 2012''.

     SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND 
                   INNOVATION ACT OF 1998 AMENDMENTS.

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

     ``Sec. 601. Generally applicable provisions

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

[[Page H4485]]

       ``(B) may be a corporation, partnership, joint venture, 
     trust, or governmental entity, agency, or instrumentality.
       ``(12) Project.--The term `project' means--
       ``(A) any surface transportation project eligible for 
     Federal assistance under this title or chapter 53 of title 
     49;
       ``(B) a project for an international bridge or tunnel for 
     which an international entity authorized under Federal or 
     State law is responsible;
       ``(C) a project for intercity passenger bus or rail 
     facilities and vehicles, including facilities and vehicles 
     owned by the National Railroad Passenger Corporation and 
     components of magnetic levitation transportation systems; and
       ``(D) a project that--
       ``(i) is a project--

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

       ``(ii) may involve the combining of private and public 
     sector funds, including investment of public funds in private 
     sector facility improvements;
       ``(iii) if located within the boundaries of a port 
     terminal, includes only such surface transportation 
     infrastructure modifications as are necessary to facilitate 
     direct intermodal interchange, transfer, and access into and 
     out of the port; and
       ``(iv) is composed of related highway, surface 
     transportation, transit, rail, or intermodal capital 
     improvement projects eligible for assistance under this 
     section in order to meet the eligible project cost threshold 
     under section 602, by grouping related projects together for 
     that purpose, subject to the condition that the credit 
     assistance for the projects is secured by a common pledge.
       ``(13) Project obligation.--The term `project obligation' 
     means any note, bond, debenture, or other debt obligation 
     issued by an obligor in connection with the financing of a 
     project, other than a Federal credit instrument.
       ``(14) Rating agency.--The term `rating agency' means a 
     credit rating agency registered with the Securities and 
     Exchange Commission as a nationally recognized statistical 
     rating organization (as that term is defined in section 3(a) 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
       ``(15) Rural infrastructure project.--The term `rural 
     infrastructure project' means a surface transportation 
     infrastructure project located in any area other than a city 
     with a population of more than 250,000 inhabitants within the 
     city limits.
       ``(16) Secured loan.--The term `secured loan' means a 
     direct loan or other debt obligation issued by an obligor and 
     funded by the Secretary in connection with the financing of a 
     project under section 603.
       ``(17) State.--The term `State' has the meaning given the 
     term in section 101.
       ``(18) Subsidy amount.--The term `subsidy amount' means the 
     amount of budget authority sufficient to cover the estimated 
     long-term cost to the Federal Government of a Federal credit 
     instrument--
       ``(A) calculated on a net present value basis; and
       ``(B) excluding administrative costs and any incidental 
     effects on governmental receipts or outlays in accordance 
     with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 
     seq.).
       ``(19) Substantial completion.--The term `substantial 
     completion' means--
       ``(A) the opening of a project to vehicular or passenger 
     traffic; or
       ``(B) a comparable event, as determined by the Secretary 
     and specified in the credit agreement.
       ``(20) TIFIA program.--The term `TIFIA program' means the 
     transportation infrastructure finance and innovation program 
     of the Department.
       ``(b) Treatment of Chapter.--For purposes of this title, 
     this chapter shall be treated as being part of chapter 1.

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

       ``(a) Eligibility.--
       ``(1) In general.--A project shall be eligible to receive 
     credit assistance under this chapter if--
       ``(A) the entity proposing to carry out the project submits 
     a letter of interest prior to submission of a formal 
     application for the project; and
       ``(B) the project meets the criteria described in this 
     subsection.
       ``(2) Creditworthiness.--
       ``(A) In general.--To be eligible for assistance under this 
     chapter, a project shall satisfy applicable creditworthiness 
     standards, which, at a minimum, shall include--
       ``(i) a rate covenant, if applicable;
       ``(ii) adequate coverage requirements to ensure repayment;
       ``(iii) an investment grade rating from at least 2 rating 
     agencies on debt senior to the Federal credit instrument; and
       ``(iv) a rating from at least 2 rating agencies on the 
     Federal credit instrument, subject to the condition that, 
     with respect to clause (iii), if the total amount of the 
     senior debt and the Federal credit instrument is less than 
     $75,000,000, 1 rating agency opinion for each of the senior 
     debt and Federal credit instrument shall be sufficient.
       ``(B) Senior debt.--Notwithstanding subparagraph (A), in a 
     case in which the Federal credit instrument is the senior 
     debt, the Federal credit instrument shall be required to 
     receive an investment grade rating from at least 2 rating 
     agencies, unless the credit instrument is for an amount less 
     than $75,000,000, in which case 1 rating agency opinion shall 
     be sufficient.
       ``(3) Inclusion in transportation plans and programs.--A 
     project shall satisfy the applicable planning and programming 
     requirements of sections 134 and 135 at such time as an 
     agreement to make available a Federal credit instrument is 
     entered into under this chapter.
       ``(4) Application.--A State, local government, public 
     authority, public-private partnership, or any other legal 
     entity undertaking the project and authorized by the 
     Secretary shall submit a project application that is 
     acceptable to the Secretary.
       ``(5) Eligible project costs.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     to be eligible for assistance under this chapter, a project 
     shall have eligible project costs that are reasonably 
     anticipated to equal or exceed the lesser of--
       ``(i)(I) $50,000,000; or
       ``(II) in the case of a rural infrastructure project, 
     $25,000,000; and
       ``(ii) 33\1/3\ percent of the amount of Federal highway 
     assistance funds apportioned for the most recently completed 
     fiscal year to the State in which the project is located.
       ``(B) Intelligent transportation system projects.--In the 
     case of a project principally involving the installation of 
     an intelligent transportation system, eligible project costs 
     shall be reasonably anticipated to equal or exceed 
     $15,000,000.
       ``(6) Dedicated revenue sources.--The applicable Federal 
     credit instrument shall be repayable, in whole or in part, 
     from--
       ``(A) tolls;
       ``(B) user fees;
       ``(C) payments owing to the obligor under a public-private 
     partnership; or
       ``(D) other dedicated revenue sources that also secure or 
     fund the project obligations.
       ``(7) Public sponsorship of private entities.--In the case 
     of a project that is undertaken by an entity that is not a 
     State or local government or an agency or instrumentality of 
     a State or local government, the project that the entity is 
     undertaking shall be publicly sponsored as provided in 
     paragraph (3).
       ``(8) Applications where obligor will be identified 
     later.--A State, local government, agency or instrumentality 
     of a State or local government, or public authority may 
     submit to the Secretary an application under paragraph (4), 
     under which a private party to a public-private partnership 
     will be--
       ``(A) the obligor; and
       ``(B) identified later through completion of a procurement 
     and selection of the private party.
       ``(9) Beneficial effects.--The Secretary shall determine 
     that financial assistance for the project under this chapter 
     will--
       ``(A) foster, if appropriate, partnerships that attract 
     public and private investment for the project;
       ``(B) enable the project to proceed at an earlier date than 
     the project would otherwise be able to proceed or reduce the 
     lifecycle costs (including debt service costs) of the 
     project; and
       ``(C) reduce the contribution of Federal grant assistance 
     for the project.
       ``(10) Project readiness.--To be eligible for assistance 
     under this chapter, the applicant shall demonstrate a 
     reasonable expectation that the contracting process for 
     construction of the project can commence by not later than 90 
     days after the date on which a Federal credit instrument is 
     obligated for the project under this chapter.
       ``(b) Selection Among Eligible Projects.--
       ``(1) Establishment.--The Secretary shall establish a 
     rolling application process under which projects that are 
     eligible to receive credit assistance under subsection (a) 
     shall receive credit assistance on terms acceptable to the 
     Secretary, if adequate funds are available to cover the 
     subsidy costs associated with the Federal credit instrument.
       ``(2) Adequate funding not available.--If the Secretary 
     fully obligates funding to eligible projects in a fiscal 
     year, and adequate funding is not available to fund a credit 
     instrument, a project sponsor of an eligible project may 
     elect to enter into a master credit agreement and wait until 
     the earlier of--
       ``(A) the following fiscal year; and
       ``(B) the fiscal year during which additional funds are 
     available to receive credit assistance.
       ``(3) Preliminary rating opinion letter.--The Secretary 
     shall require each project applicant to provide a preliminary 
     rating opinion letter from at least 1 rating agency--
       ``(A) indicating that the senior obligations of the 
     project, which may be the Federal credit instrument, have the 
     potential to achieve an investment-grade rating; and
       ``(B) including a preliminary rating opinion on the Federal 
     credit instrument.
       ``(c) Federal Requirements.--
       ``(1) In general.--In addition to the requirements of this 
     title for highway projects, the requirements of chapter 53 of 
     title 49 for transit projects, and the requirements of 
     section 5333(a) of title 49 for rail projects, the following 
     provisions of law shall apply to funds made available under 
     this chapter and projects assisted with those funds:
       ``(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
     2000d et seq.).
       ``(B) The National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       ``(C) The Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
       ``(2) NEPA.--No funding shall be obligated for a project 
     that has not received an environmental categorical exclusion, 
     a finding of no

[[Page H4486]]

     significant impact, or a record of decision under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(d) Application Processing Procedures.--
       ``(1) Notice of complete application.--Not later than 30 
     days after the date of receipt of an application under this 
     section, the Secretary shall provide to the applicant a 
     written notice to inform the applicant whether--
       ``(A) the application is complete; or
       ``(B) additional information or materials are needed to 
     complete the application.
       ``(2) Approval or denial of application.--Not later than 60 
     days after the date of issuance of the written notice under 
     paragraph (1), the Secretary shall provide to the applicant a 
     written notice informing the applicant whether the Secretary 
     has approved or disapproved the application.
       ``(e) Development Phase Activities.--Any credit instrument 
     secured under this chapter may be used to finance up to 100 
     percent of the cost of development phase activities as 
     described in section 601(a)(1)(A).

     ``Sec. 603. Secured loans

       ``(a) In General.--
       ``(1) Agreements.--Subject to paragraphs (2) and (3), the 
     Secretary may enter into agreements with 1 or more obligors 
     to make secured loans, the proceeds of which shall be used--
       ``(A) to finance eligible project costs of any project 
     selected under section 602;
       ``(B) to refinance interim construction financing of 
     eligible project costs of any project selected under section 
     602;
       ``(C) to refinance existing Federal credit instruments for 
     rural infrastructure projects; or
       ``(D) to refinance long-term project obligations or Federal 
     credit instruments, if the refinancing provides additional 
     funding capacity for the completion, enhancement, or 
     expansion of any project that--
       ``(i) is selected under section 602; or
       ``(ii) otherwise meets the requirements of section 602.
       ``(2) Limitation on refinancing of interim construction 
     financing.--A loan under paragraph (1) shall not refinance 
     interim construction financing under paragraph (1)(B) later 
     than 1 year after the date of substantial completion of the 
     project.
       ``(3) Risk assessment.--Before entering into an agreement 
     under this subsection, the Secretary, in consultation with 
     the Director of the Office of Management and Budget, shall 
     determine an appropriate capital reserve subsidy amount for 
     each secured loan, taking into account each rating letter 
     provided by an agency under section 602(b)(3)(B).
       ``(b) Terms and Limitations.--
       ``(1) In general.--A secured loan under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines to be appropriate.
       ``(2) Maximum amount.--The amount of a secured loan under 
     this section shall not exceed the lesser of 49 percent of the 
     reasonably anticipated eligible project costs or if the 
     secured loan does not receive an investment grade rating, the 
     amount of the senior project obligations.
       ``(3) Payment.--A secured loan under this section--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from--

       ``(I) tolls;
       ``(II) user fees;
       ``(III) payments owing to the obligor under a public-
     private partnership; or
       ``(IV) other dedicated revenue sources that also secure the 
     senior project obligations; and

       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A), subject to any lien securing project obligations.
       ``(4) Interest rate.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), the interest rate on a secured loan under this 
     section shall be not less than the yield on United States 
     Treasury securities of a similar maturity to the maturity of 
     the secured loan on the date of execution of the loan 
     agreement.
       ``(B) Rural infrastructure projects.--
       ``(i) In general.--The interest rate of a loan offered to a 
     rural infrastructure project under this chapter shall be at 
     \1/2\ of the Treasury Rate in effect on the date of execution 
     of the loan agreement.
       ``(ii) Application.--The rate described in clause (i) shall 
     only apply to any portion of a loan the subsidy cost of which 
     is funded by amounts set aside for rural infrastructure 
     projects under section 608(a)(3)(A).
       ``(C) Limited buydowns.--The interest rate of a secured 
     loan under this section may not be lowered by more than the 
     lower of--
       ``(i) 1\1/2\ percentage points (150 basis points); or
       ``(ii) the amount of the increase in the interest rate.
       ``(5) Maturity date.--The final maturity date of the 
     secured loan shall be the lesser of--
       ``(A) 35 years after the date of substantial completion of 
     the project; and
       ``(B) if the useful life of the capital asset being 
     financed is of a lesser period, the useful life of the asset.
       ``(6) Nonsubordination.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the secured loan shall not be subordinated to the claims of 
     any holder of project obligations in the event of bankruptcy, 
     insolvency, or liquidation of the obligor.
       ``(B) Preexisting indenture.--
       ``(i) In general.--The Secretary shall waive the 
     requirement under subparagraph (A) for a public agency 
     borrower that is financing ongoing capital programs and has 
     outstanding senior bonds under a preexisting indenture, if--

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

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

       ``(I) the maximum credit subsidy to be paid by the Federal 
     Government shall be not more than 10 percent of the principal 
     amount of the secured loan; and
       ``(II) the obligor shall be responsible for paying the 
     remainder of the subsidy cost, if any.

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

     ``Sec. 604. Lines of credit

       ``(a) In General.--
       ``(1) Agreements.--Subject to paragraphs (2) through (4), 
     the Secretary may enter into agreements to make available to 
     1 or more obligors lines of credit in the form of direct 
     loans to be made by the Secretary at future dates on the 
     occurrence of certain events for any project selected under 
     section 602.
       ``(2) Use of proceeds.--The proceeds of a line of credit 
     made available under this section shall be available to pay 
     debt service on project obligations issued to finance 
     eligible project costs, extraordinary repair and replacement 
     costs, operation and maintenance expenses, and costs 
     associated with unexpected Federal or State environmental 
     restrictions.
       ``(3) Risk assessment.--Before entering into an agreement 
     under this subsection, the Secretary, in consultation with 
     the Director of the Office of Management and Budget and each 
     rating agency providing a preliminary rating opinion letter 
     under section 602(b)(3), shall determine an appropriate 
     capital reserve subsidy

[[Page H4487]]

     amount for each line of credit, taking into account the 
     rating opinion letter.
       ``(4) Investment-grade rating requirement.--The funding of 
     a line of credit under this section shall be contingent on 
     the senior obligations of the project receiving an 
     investment-grade rating from 2 rating agencies.
       ``(b) Terms and Limitations.--
       ``(1) In general.--A line of credit under this section with 
     respect to a project shall be on such terms and conditions 
     and contain such covenants, representations, warranties, and 
     requirements (including requirements for audits) as the 
     Secretary determines to be appropriate.
       ``(2) Maximum amounts.--The total amount of a line of 
     credit under this section shall not exceed 33 percent of the 
     reasonably anticipated eligible project costs.
       ``(3) Draws.--Any draw on a line of credit under this 
     section shall--
       ``(A) represent a direct loan; and
       ``(B) be made only if net revenues from the project 
     (including capitalized interest, but not including reasonably 
     required financing reserves) are insufficient to pay the 
     costs specified in subsection (a)(2).
       ``(4) Interest rate.--Except as provided in subparagraphs 
     (B) and (C) of section 603(b)(4), the interest rate on a 
     direct loan resulting from a draw on the line of credit shall 
     be not less than the yield on 30-year United States Treasury 
     securities, as of the date of execution of the line of credit 
     agreement.
       ``(5) Security.--A line of credit issued under this 
     section--
       ``(A) shall--
       ``(i) be payable, in whole or in part, from--

       ``(I) tolls;
       ``(II) user fees;
       ``(III) payments owing to the obligor under a public-
     private partnership; or
       ``(IV) other dedicated revenue sources that also secure the 
     senior project obligations; and

       ``(ii) include a rate covenant, coverage requirement, or 
     similar security feature supporting the project obligations; 
     and
       ``(B) may have a lien on revenues described in subparagraph 
     (A), subject to any lien securing project obligations.
       ``(6) Period of availability.--The full amount of a line of 
     credit under this section, to the extent not drawn upon, 
     shall be available during the 10-year period beginning on the 
     date of substantial completion of the project.
       ``(7) Rights of third-party creditors.--
       ``(A) Against federal government.--A third-party creditor 
     of the obligor shall not have any right against the Federal 
     Government with respect to any draw on a line of credit under 
     this section.
       ``(B) Assignment.--An obligor may assign a line of credit 
     under this section to--
       ``(i) 1 or more lenders; or
       ``(ii) a trustee on the behalf of such a lender.
       ``(8) Nonsubordination.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a direct loan under this section shall not be subordinated to 
     the claims of any holder of project obligations in the event 
     of bankruptcy, insolvency, or liquidation of the obligor.
       ``(B) Pre-existing indenture.--
       ``(i) In general.--The Secretary shall waive the 
     requirement of subparagraph (A) for a public agency borrower 
     that is financing ongoing capital programs and has 
     outstanding senior bonds under a preexisting indenture, if--

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

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

       ``(I) the maximum credit subsidy to be paid by the Federal 
     Government shall be not more than 10 percent of the principal 
     amount of the secured loan; and
       ``(II) the obligor shall be responsible for paying the 
     remainder of the subsidy cost.

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

     ``Sec. 605. Program administration

       ``(a) Requirement.--The Secretary shall establish a uniform 
     system to service the Federal credit instruments made 
     available under this chapter.
       ``(b) Fees.--The Secretary may collect and spend fees, 
     contingent on authority being provided in appropriations 
     Acts, at a level that is sufficient to cover--
       ``(1) the costs of services of expert firms retained 
     pursuant to subsection (d); and
       ``(2) all or a portion of the costs to the Federal 
     Government of servicing the Federal credit instruments.
       ``(c) Servicer.--
       ``(1) In general.--The Secretary may appoint a financial 
     entity to assist the Secretary in servicing the Federal 
     credit instruments.
       ``(2) Duties.--A servicer appointed under paragraph (1) 
     shall act as the agent for the Secretary.
       ``(3) Fee.--A servicer appointed under paragraph (1) shall 
     receive a servicing fee, subject to approval by the 
     Secretary.
       ``(d) Assistance From Expert Firms.--The Secretary may 
     retain the services of expert firms, including counsel, in 
     the field of municipal and project finance to assist in the 
     underwriting and servicing of Federal credit instruments.
       ``(e) Expedited Processing.--The Secretary shall implement 
     procedures and measures to economize the time and cost 
     involved in obtaining approval and the issuance of credit 
     assistance under this chapter.

     ``Sec. 606. State and local permits

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

     ``Sec. 607. Regulations

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

     ``Sec. 608. Funding

       ``(a) Funding.--
       ``(1) Spending and borrowing authority.--Spending and 
     borrowing authority for a fiscal year to enter into Federal 
     credit instruments shall be promptly apportioned to the 
     Secretary on a fiscal-year basis.
       ``(2) Reestimates.--If the subsidy cost of a Federal credit 
     instrument is reestimated, the cost increase or decrease of 
     the reestimate shall be borne by, or benefit, the general 
     fund of the Treasury, consistent with section 504(f) the 
     Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).
       ``(3) Rural set-aside.--
       ``(A) In general.--Of the total amount of funds made 
     available to carry out this chapter for each fiscal year, not 
     more than 10 percent shall be set aside for rural 
     infrastructure projects.
       ``(B) Reobligation.--Any amounts set aside under 
     subparagraph (A) that remain unobligated by June 1 of the 
     fiscal year for which the amounts were set aside shall be 
     available for obligation by the Secretary on projects other 
     than rural infrastructure projects.
       ``(4) Redistribution of authorized funding.--
       ``(A) In general.--Beginning in fiscal year 2014, on April 
     1 of each fiscal year, if the cumulative unobligated and 
     uncommitted balance of funding available exceeds 75 percent 
     of the amount made available to carry out this chapter for 
     that fiscal year, the Secretary shall distribute to the 
     States the amount of funds and associated obligation 
     authority in excess of that amount.
       ``(B) Distribution.--The amounts and obligation authority 
     distributed under this paragraph shall be distributed, in the 
     same manner as obligation authority is distributed to the 
     States for the fiscal year, based on the proportion that--
       ``(i) the relative share of each State of obligation 
     authority for the fiscal year; bears to
       ``(ii) the total amount of obligation authority distributed 
     to all States for the fiscal year.
       ``(C) Purpose.--Funds distributed under subparagraph (B) 
     shall be available for any purpose described in section 
     133(b).
       ``(5) Availability.--Amounts made available to carry out 
     this chapter shall remain available until expended.
       ``(6) Administrative costs.--Of the amounts made available 
     to carry out this chapter, the Secretary may use not more 
     than 0.50 percent for each fiscal year for the administration 
     of this chapter.
       ``(b) Contract Authority.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, execution of a term sheet by the Secretary of a Federal 
     credit instrument that uses amounts made available under this 
     chapter shall impose on the United States a contractual 
     obligation to fund the Federal credit investment.
       ``(2) Availability.--Amounts made available to carry out 
     this chapter for a fiscal year shall be available for 
     obligation on October 1 of the fiscal year.

     ``Sec. 609. Reports to Congress

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

[[Page H4488]]

       ``(b) Application Process Report.--
       ``(1) In general.--Not later than December 1, 2012, and 
     annually 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 includes a list of 
     all of the letters of interest and applications received from 
     project sponsors for assistance under this chapter (other 
     than section 610) during the preceding fiscal year.
       ``(2) Inclusions.--
       ``(A) In general.--Each report under paragraph (1) shall 
     include, at a minimum, a description of, with respect to each 
     letter of interest and application included in the report--
       ``(i) the date on which the letter of interest or 
     application was received;
       ``(ii) the date on which a notification was provided to the 
     project sponsor regarding whether the application was 
     complete or incomplete;
       ``(iii) the date on which a revised and completed 
     application was submitted (if applicable);
       ``(iv) the date on which a notification was provided to the 
     project sponsor regarding whether the project was approved or 
     disapproved; and
       ``(v) if the project was not approved, the reason for the 
     disapproval.
       ``(B) Correspondence.--Each report under paragraph (1) 
     shall include copies of any correspondence provided to the 
     project sponsor in accordance with section 602(d).''.
                   DIVISION B--PUBLIC TRANSPORTATION

     SEC. 20001. SHORT TITLE.

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

     SEC. 20002. REPEALS.

       (a) Chapter 53.--Chapter 53 of title 49, United States 
     Code, is amended by striking sections 5308, 5316, 5317, 5320, 
     and 5328.
       (b) Transportation Equity Act for the 21st Century.--
     Section 3038 of the Transportation Equity Act for the 21st 
     Century (49 U.S.C. 5310 note) is repealed.
       (c) SAFETEA-LU.--The following provisions are repealed:
       (1) Section 3009(i) of SAFETEA-LU (Public Law 109-59; 119 
     Stat. 1572).
       (2) Section 3011(c) of SAFETEA-LU (49 U.S.C. 5309 note).
       (3) Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310 note).
       (4) Section 3045 of SAFETEA-LU (49 U.S.C. 5308 note).
       (5) Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note).

     SEC. 20003. POLICIES AND PURPOSES.

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

     ``Sec. 5301. Policies and purposes

       ``(a) Declaration of Policy.--It is in the interest of the 
     United States, including the economic interest of the United 
     States, to foster the development and revitalization of 
     public transportation systems with the cooperation of both 
     public transportation companies and private companies engaged 
     in public transportation.
       ``(b) General Purposes.--The purposes of this chapter are 
     to--
       ``(1) provide funding to support public transportation;
       ``(2) improve the development and delivery of capital 
     projects;
       ``(3) establish standards for the state of good repair of 
     public transportation infrastructure and vehicles;
       ``(4) promote continuing, cooperative, and comprehensive 
     planning that improves the performance of the transportation 
     network;
       ``(5) establish a technical assistance program to assist 
     recipients under this chapter to more effectively and 
     efficiently provide public transportation service;
       ``(6) continue Federal support for public transportation 
     providers to deliver high quality service to all users, 
     including individuals with disabilities, seniors, and 
     individuals who depend on public transportation;
       ``(7) support research, development, demonstration, and 
     deployment projects dedicated to assisting in the delivery of 
     efficient and effective public transportation service; and
       ``(8) promote the development of the public transportation 
     workforce.''.

     SEC. 20004. DEFINITIONS.

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

     ``Sec. 5302. Definitions

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

       ``(I) property acquisition;
       ``(II) demolition of existing structures;
       ``(III) site preparation;
       ``(IV) utilities;
       ``(V) building foundations;
       ``(VI) walkways;
       ``(VII) pedestrian and bicycle access to a public 
     transportation facility;
       ``(VIII) construction, renovation, and improvement of 
     intercity bus and intercity rail stations and terminals;
       ``(IX) renovation and improvement of historic 
     transportation facilities;
       ``(X) open space;
       ``(XI) safety and security equipment and facilities 
     (including lighting, surveillance, and related intelligent 
     transportation system applications);
       ``(XII) facilities that incorporate community services such 
     as daycare or health care;
       ``(XIII) a capital project for, and improving, equipment or 
     a facility for an intermodal transfer facility or 
     transportation mall; and
       ``(XIV) construction of space for commercial uses; and

       ``(vi) does not include outfitting of commercial space 
     (other than an intercity bus or rail station or terminal) or 
     a part of a public facility not related to public 
     transportation;
       ``(H) the introduction of new technology, through 
     innovative and improved products, into public transportation;
       ``(I) the provision of nonfixed route paratransit 
     transportation services in accordance with section 223 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12143), 
     but only for grant recipients that are in compliance with 
     applicable requirements of that Act, including both fixed 
     route and demand responsive service, and only for amounts not 
     to exceed 10 percent of such recipient's annual formula 
     apportionment under sections 5307 and 5311;
       ``(J) establishing a debt service reserve, made up of 
     deposits with a bondholder's trustee, to ensure the timely 
     payment of principal and interest on bonds issued by a grant 
     recipient to finance an eligible project under this chapter;
       ``(K) mobility management--
       ``(i) consisting of short-range planning and management 
     activities and projects for improving coordination among 
     public transportation and other transportation service 
     providers carried out by a recipient or subrecipient through 
     an agreement entered into with a person, including a 
     governmental entity, under this chapter (other than section 
     5309); but
       ``(ii) excluding operating public transportation services; 
     or
       ``(L) associated capital maintenance, including--
       ``(i) equipment, tires, tubes, and material, each costing 
     at least .5 percent of the current fair market value of 
     rolling stock comparable to the rolling stock for which the 
     equipment, tires, tubes, and material are to be used; and
       ``(ii) reconstruction of equipment and material, each of 
     which after reconstruction will have a fair market value of 
     at least .5 percent of the current fair market value of 
     rolling stock comparable to the rolling stock for which the 
     equipment and material will be used.
       ``(4) Designated recipient.--The term `designated 
     recipient' means--
       ``(A) an entity designated, in accordance with the planning 
     process under sections 5303 and 5304, by the Governor of a 
     State, responsible local officials, and publicly owned 
     operators of

[[Page H4489]]

     public transportation, to receive and apportion amounts under 
     section 5336 to urbanized areas of 200,000 or more in 
     population; or
       ``(B) a State or regional authority, if the authority is 
     responsible under the laws of a State for a capital project 
     and for financing and directly providing public 
     transportation.
       ``(5) Disability.--The term `disability' has the same 
     meaning as in section 3(1) of the Americans with Disabilities 
     Act of 1990 (42 U.S.C. 12102).
       ``(6) Emergency regulation.--The term `emergency 
     regulation' means a regulation--
       ``(A) that is effective temporarily before the expiration 
     of the otherwise specified periods of time for public notice 
     and comment under section 5334(c); and
       ``(B) prescribed by the Secretary as the result of a 
     finding that a delay in the effective date of the 
     regulation--
       ``(i) would injure seriously an important public interest;
       ``(ii) would frustrate substantially legislative policy and 
     intent; or
       ``(iii) would damage seriously a person or class without 
     serving an important public interest.
       ``(7) Fixed guideway.--The term `fixed guideway' means a 
     public transportation facility--
       ``(A) using and occupying a separate right-of-way for the 
     exclusive use of public transportation;
       ``(B) using rail;
       ``(C) using a fixed catenary system;
       ``(D) for a passenger ferry system; or
       ``(E) for a bus rapid transit system.
       ``(8) Governor.--The term `Governor'--
       ``(A) means the Governor of a State, the mayor of the 
     District of Columbia, and the chief executive officer of a 
     territory of the United States; and
       ``(B) includes the designee of the Governor.
       ``(9) Job access and reverse commute project.--
       ``(A) In general.--The term `job access and reverse commute 
     project' means a transportation project to finance planning, 
     capital, and operating costs that support the development and 
     maintenance of transportation services designed to transport 
     welfare recipients and eligible low-income individuals to and 
     from jobs and activities related to their employment, 
     including transportation projects that facilitate the 
     provision of public transportation services from urbanized 
     areas and rural areas to suburban employment locations.
       ``(B) Definitions.--In this paragraph:
       ``(i) Eligible low-income individual.--The term `eligible 
     low-income individual' means an individual whose family 
     income is at or below 150 percent of the poverty line (as 
     that term is defined in section 673(2) of the Community 
     Service Block Grant Act (42 U.S.C. 9902(2)), including any 
     revision required by that section) for a family of the size 
     involved.
       ``(ii) Welfare recipient.--The term `welfare recipient' 
     means an individual who has received assistance under a State 
     or tribal program funded under part A of title IV of the 
     Social Security Act (42 U.S.C. 601 et seq.) at any time 
     during the 3-year period before the date on which the 
     applicant applies for a grant under section 5307 or 5311.
       ``(10) Local governmental authority.--The term `local 
     governmental authority' includes--
       ``(A) a political subdivision of a State;
       ``(B) an authority of at least 1 State or political 
     subdivision of a State;
       ``(C) an Indian tribe; and
       ``(D) a public corporation, board, or commission 
     established under the laws of a State.
       ``(11) Low-income individual.--The term `low-income 
     individual' means an individual whose family income is at or 
     below 150 percent of the poverty line, as that term is 
     defined in section 673(2) of the Community Services Block 
     Grant Act (42 U.S.C. 9902(2)), including any revision 
     required by that section, for a family of the size involved.
       ``(12) Net project cost.--The term `net project cost' means 
     the part of a project that reasonably cannot be financed from 
     revenues.
       ``(13) New bus model.--The term `new bus model' means a bus 
     model (including a model using alternative fuel)--
       ``(A) that has not been used in public transportation in 
     the United States before the date of production of the model; 
     or
       ``(B) used in public transportation in the United States, 
     but being produced with a major change in configuration or 
     components.
       ``(14) Public transportation.--The term `public 
     transportation'--
       ``(A) means regular, continuing shared-ride surface 
     transportation services that are open to the general public 
     or open to a segment of the general public defined by age, 
     disability, or low income; and
       ``(B) does not include--
       ``(i) intercity passenger rail transportation provided by 
     the entity described in chapter 243 (or a successor to such 
     entity);
       ``(ii) intercity bus service;
       ``(iii) charter bus service;
       ``(iv) school bus service;
       ``(v) sightseeing service;
       ``(vi) courtesy shuttle service for patrons of one or more 
     specific establishments; or
       ``(vii) intra-terminal or intra-facility shuttle services.
       ``(15) Regulation.--The term `regulation' means any part of 
     a statement of general or particular applicability of the 
     Secretary designed to carry out, interpret, or prescribe law 
     or policy in carrying out this chapter.
       ``(16) Rural area.--The term `rural area' means an area 
     encompassing a population of less than 50,000 people that has 
     not been designated in the most recent decennial census as an 
     `urbanized area' by the Secretary of Commerce.
       ``(17) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(18) Senior.--The term `senior' means an individual who 
     is 65 years of age or older.
       ``(19) State.--The term `State' means a State of the United 
     States, the District of Columbia, Puerto Rico, the Northern 
     Mariana Islands, Guam, American Samoa, and the Virgin 
     Islands.
       ``(20) State of good repair.--The term `state of good 
     repair' has the meaning given that term by the Secretary, by 
     rule, under section 5326(b).
       ``(21) Transit.--The term `transit' means public 
     transportation.
       ``(22) Urban area.--The term `urban area' means an area 
     that includes a municipality or other built-up place that the 
     Secretary, after considering local patterns and trends of 
     urban growth, decides is appropriate for a local public 
     transportation system to serve individuals in the locality.
       ``(23) Urbanized area.--The term `urbanized area' means an 
     area encompassing a population of not less than 50,000 people 
     that has been defined and designated in the most recent 
     decennial census as an `urbanized area' by the Secretary of 
     Commerce.''.

     SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.

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

     ``Sec. 5303. Metropolitan transportation planning

       ``(a) Policy.--It is in the national interest--
       ``(1) to encourage and promote the safe and efficient 
     management, operation, and development of surface 
     transportation systems that will serve the mobility needs of 
     people and freight and foster economic growth and development 
     within and between States and urbanized areas, while 
     minimizing transportation-related fuel consumption and air 
     pollution through metropolitan and statewide transportation 
     planning processes identified in this chapter; and
       ``(2) to encourage the continued improvement and evolution 
     of the metropolitan and statewide transportation planning 
     processes by metropolitan planning organizations, State 
     departments of transportation, and public transit operators 
     as guided by the planning factors identified in subsection 
     (h) and section 5304(d).
       ``(b) Definitions.--In this section and section 5304, the 
     following definitions apply:
       ``(1) Metropolitan planning area.--The term `metropolitan 
     planning area' means the geographic area determined by 
     agreement between the metropolitan planning organization for 
     the area and the Governor under subsection (e).
       ``(2) Metropolitan planning organization.--The term 
     `metropolitan planning organization' means the policy board 
     of an organization established as a result of the designation 
     process under subsection (d).
       ``(3) Nonmetropolitan area.--The term `nonmetropolitan 
     area' means a geographic area outside designated metropolitan 
     planning areas.
       ``(4) Nonmetropolitan local official.--The term 
     `nonmetropolitan local official' means elected and appointed 
     officials of general purpose local government in a 
     nonmetropolitan area with responsibility for transportation.
       ``(5) Regional transportation planning organization.--The 
     term `regional transportation planning organization' means a 
     policy board of an organization established as the result of 
     a designation under section 5304(l).
       ``(6) TIP.--The term `TIP' means a transportation 
     improvement program developed by a metropolitan planning 
     organization under subsection (j).
       ``(7) Urbanized area.--The term `urbanized area' means a 
     geographic area with a population of 50,000 or more, as 
     determined by the Bureau of the Census.
       ``(c) General Requirements.--
       ``(1) Development of long-range plans and tips.--To 
     accomplish the objectives in subsection (a), metropolitan 
     planning organizations designated under subsection (d), in 
     cooperation with the State and public transportation 
     operators, shall develop long-range transportation plans and 
     transportation improvement programs through a performance-
     driven, outcome-based approach to planning for metropolitan 
     areas of the State.
       ``(2) Contents.--The plans and TIPs for each metropolitan 
     area shall provide for the development and integrated 
     management and operation of transportation systems and 
     facilities (including accessible pedestrian walkways and 
     bicycle transportation facilities) that will function as an 
     intermodal transportation system for the metropolitan 
     planning area and as an integral part of an intermodal 
     transportation system for the State and the United States.
       ``(3) Process of development.--The process for developing 
     the plans and TIPs shall provide for consideration of all 
     modes of transportation and shall be continuing, cooperative, 
     and comprehensive to the degree appropriate, based on the 
     complexity of the transportation problems to be addressed.
       ``(d) Designation of Metropolitan Planning Organizations.--
       ``(1) In general.--To carry out the transportation planning 
     process required by this section, a metropolitan planning 
     organization shall be designated for each urbanized area with 
     a population of more than 50,000 individuals--
       ``(A) by agreement between the Governor and units of 
     general purpose local government that together represent at 
     least 75 percent of the affected population (including the 
     largest incorporated city (based on population) as determined 
     by the Bureau of the Census); or
       ``(B) in accordance with procedures established by 
     applicable State or local law.
       ``(2) Structure.--Not later than 2 years after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     each metropolitan planning organization that serves an area 
     designated as a transportation management area shall consist 
     of--
       ``(A) local elected officials;

[[Page H4490]]

       ``(B) officials of public agencies that administer or 
     operate major modes of transportation in the metropolitan 
     area, including representation by providers of public 
     transportation; and
       ``(C) appropriate State officials.
       ``(3) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to interfere with the 
     authority, under any State law in effect on December 18, 
     1991, of a public agency with multimodal transportation 
     responsibilities--
       ``(A) to develop the plans and TIPs for adoption by a 
     metropolitan planning organization; and
       ``(B) to develop long-range capital plans, coordinate 
     transit services and projects, and carry out other activities 
     pursuant to State law.
       ``(4) Continuing designation.--A designation of a 
     metropolitan planning organization under this subsection or 
     any other provision of law shall remain in effect until the 
     metropolitan planning organization is redesignated under 
     paragraph (5).
       ``(5) Redesignation procedures.--
       ``(A) In general.--A metropolitan planning organization may 
     be redesignated by agreement between the Governor and units 
     of general purpose local government that together represent 
     at least 75 percent of the existing planning area population 
     (including the largest incorporated city (based on 
     population) as determined by the Bureau of the Census) as 
     appropriate to carry out this section.
       ``(B) Restructuring.--A metropolitan planning organization 
     may be restructured to meet the requirements of paragraph (2) 
     without undertaking a redesignation.
       ``(6) Designation of more than 1 metropolitan planning 
     organization.--More than 1 metropolitan planning organization 
     may be designated within an existing metropolitan planning 
     area only if the Governor and the existing metropolitan 
     planning organization determine that the size and complexity 
     of the existing metropolitan planning area make designation 
     of more than 1 metropolitan planning organization for the 
     area appropriate.
       ``(e) Metropolitan Planning Area Boundaries.--
       ``(1) In general.--For the purposes of this section, the 
     boundaries of a metropolitan planning area shall be 
     determined by agreement between the metropolitan planning 
     organization and the Governor.
       ``(2) Included area.--Each metropolitan planning area--
       ``(A) shall encompass at least the existing urbanized area 
     and the contiguous area expected to become urbanized within a 
     20-year forecast period for the transportation plan; and
       ``(B) may encompass the entire metropolitan statistical 
     area or consolidated metropolitan statistical area, as 
     defined by the Bureau of the Census.
       ``(3) Identification of new urbanized areas within existing 
     planning area boundaries.--The designation by the Bureau of 
     the Census of new urbanized areas within an existing 
     metropolitan planning area shall not require the 
     redesignation of the existing metropolitan planning 
     organization.
       ``(4) Existing metropolitan planning areas in 
     nonattainment.--
       ``(A) In general.--Notwithstanding paragraph (2), except as 
     provided in subparagraph (B), in the case of an urbanized 
     area designated as a nonattainment area for ozone or carbon 
     monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as 
     of the date of enactment of the SAFETEA-LU, the boundaries of 
     the metropolitan planning area in existence as of such date 
     of enactment shall be retained.
       ``(B) Exception.--The boundaries described in subparagraph 
     (A) may be adjusted by agreement of the Governor and affected 
     metropolitan planning organizations in the manner described 
     in subsection (d)(5).
       ``(5) New metropolitan planning areas in nonattainment.--In 
     the case of an urbanized area designated after the date of 
     enactment of the SAFETEA-LU, as a nonattainment area for 
     ozone or carbon monoxide, the boundaries of the metropolitan 
     planning area--
       ``(A) shall be established in the manner described in 
     subsection (d)(1);
       ``(B) shall encompass the areas described in paragraph 
     (2)(A);
       ``(C) may encompass the areas described in paragraph 
     (2)(B); and
       ``(D) may address any nonattainment area identified under 
     the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or 
     carbon monoxide.
       ``(f) Coordination in Multistate Areas.--
       ``(1) In general.--The Secretary shall encourage each 
     Governor with responsibility for a portion of a multistate 
     metropolitan area and the appropriate metropolitan planning 
     organizations to provide coordinated transportation planning 
     for the entire metropolitan area.
       ``(2) Interstate compacts.--The consent of Congress is 
     granted to any 2 or more States--
       ``(A) to enter into agreements or compacts, not in conflict 
     with any law of the United States, for cooperative efforts 
     and mutual assistance in support of activities authorized 
     under this section as the activities pertain to interstate 
     areas and localities within the States; and
       ``(B) to establish such agencies, joint or otherwise, as 
     the States may determine desirable for making the agreements 
     and compacts effective.
       ``(3) Reservation of rights.--The right to alter, amend, or 
     repeal interstate compacts entered into under this subsection 
     is expressly reserved.
       ``(g) MPO Consultation in Plan and TIP Coordination.--
       ``(1) Nonattainment areas.--If more than 1 metropolitan 
     planning organization has authority within a metropolitan 
     area or an area which is designated as a nonattainment area 
     for ozone or carbon monoxide under the Clean Air Act (42 
     U.S.C. 7401 et seq.), each metropolitan planning organization 
     shall consult with the other metropolitan planning 
     organizations designated for such area and the State in the 
     coordination of plans and TIPs required by this section.
       ``(2) Transportation improvements located in multiple 
     mpos.--If a transportation improvement, funded under this 
     chapter or title 23, is located within the boundaries of more 
     than 1 metropolitan planning area, the metropolitan planning 
     organizations shall coordinate plans and TIPs regarding the 
     transportation improvement.
       ``(3) Relationship with other planning officials.--
       ``(A) In general.--The Secretary shall encourage each 
     metropolitan planning organization to consult with officials 
     responsible for other types of planning activities that are 
     affected by transportation in the area (including State and 
     local planned growth, economic development, environmental 
     protection, airport operations, and freight movements) or to 
     coordinate its planning process, to the maximum extent 
     practicable, with such planning activities.
       ``(B) Requirements.--Under the metropolitan planning 
     process, transportation plans and TIPs shall be developed 
     with due consideration of other related planning activities 
     within the metropolitan area, and the process shall provide 
     for the design and delivery of transportation services within 
     the metropolitan area that are provided by--
       ``(i) recipients of assistance under this chapter;
       ``(ii) governmental agencies and nonprofit organizations 
     (including representatives of the agencies and organizations) 
     that receive Federal assistance from a source other than the 
     Department of Transportation to provide nonemergency 
     transportation services; and
       ``(iii) recipients of assistance under section 204 of title 
     23.
       ``(h) Scope of Planning Process.--
       ``(1) In general.--The metropolitan planning process for a 
     metropolitan planning area under this section shall provide 
     for consideration of projects and strategies that will--
       ``(A) support the economic vitality of the metropolitan 
     area, especially by enabling global competitiveness, 
     productivity, and efficiency;
       ``(B) increase the safety of the transportation system for 
     motorized and nonmotorized users;
       ``(C) increase the security of the transportation system 
     for motorized and nonmotorized users;
       ``(D) increase the accessibility and mobility of people and 
     for freight;
       ``(E) protect and enhance the environment, promote energy 
     conservation, improve the quality of life, and promote 
     consistency between transportation improvements and State and 
     local planned growth and economic development patterns;
       ``(F) enhance the integration and connectivity of the 
     transportation system, across and between modes, for people 
     and freight;
       ``(G) promote efficient system management and operation; 
     and
       ``(H) emphasize the preservation of the existing 
     transportation system.
       ``(2) Performance-based approach.--
       ``(A) In general.--The metropolitan transportation planning 
     process shall provide for the establishment and use of a 
     performance-based approach to transportation decisionmaking 
     to support the national goals described in section 150(b) of 
     title 23 and the general purposes described in section 5301.
       ``(B) Performance targets.--
       ``(i) Surface transportation performance targets.--

       ``(I) In general.--Each metropolitan planning organization 
     shall establish performance targets that address the 
     performance measures described in section 150(c) of title 23, 
     where applicable, to use in tracking progress towards 
     attainment of critical outcomes for the region of the 
     metropolitan planning organization.
       ``(II) Coordination.--Selection of performance targets by a 
     metropolitan planning organization shall be coordinated with 
     the relevant State to ensure consistency, to the maximum 
     extent practicable.

       ``(ii) Public transportation performance targets.--
     Selection of performance targets by a metropolitan planning 
     organization shall be coordinated, to the maximum extent 
     practicable, with providers of public transportation to 
     ensure consistency with sections 5326(c) and 5329(d).
       ``(C) Timing.--Each metropolitan planning organization 
     shall establish the performance targets under subparagraph 
     (B) not later than 180 days after the date on which the 
     relevant State or provider of public transportation 
     establishes the performance targets.
       ``(D) Integration of other performance-based plans.--A 
     metropolitan planning organization shall integrate in the 
     metropolitan transportation planning process, directly or by 
     reference, the goals, objectives, performance measures, and 
     targets described in other State transportation plans and 
     transportation processes, as well as any plans developed by 
     recipients of assistance under this chapter, required as part 
     of a performance-based program.
       ``(3) Failure to consider factors.--The failure to consider 
     any factor specified in paragraphs (1) and (2) shall not be 
     reviewable by any court under this chapter, title 23, 
     subchapter II of chapter 5 of title 5, or chapter 7 of title 
     5 in any matter affecting a transportation plan, a TIP, a 
     project or strategy, or the certification of a planning 
     process.
       ``(i) Development of Transportation Plan.--
       ``(1) Requirements.--
       ``(A) In general.--Each metropolitan planning organization 
     shall prepare and update a transportation plan for its 
     metropolitan planning area in accordance with the 
     requirements of this subsection.
       ``(B) Frequency.--

[[Page H4491]]

       ``(i) In general.--The metropolitan planning organization 
     shall prepare and update such plan every 4 years (or more 
     frequently, if the metropolitan planning organization elects 
     to update more frequently) in the case of each of the 
     following:

       ``(I) Any area designated as nonattainment, as defined in 
     section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
       ``(II) Any area that was nonattainment and subsequently 
     designated to attainment in accordance with section 107(d)(3) 
     of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a 
     maintenance plan under section 175A of that Act (42 U.S.C. 
     7505a).

       ``(ii) Other areas.--In the case of any other area required 
     to have a transportation plan in accordance with the 
     requirements of this subsection, the metropolitan planning 
     organization shall prepare and update such plan every 5 years 
     unless the metropolitan planning organization elects to 
     update more frequently.
       ``(2) Transportation plan.--A transportation plan under 
     this section shall be in a form that the Secretary determines 
     to be appropriate and shall contain, at a minimum, the 
     following:
       ``(A) Identification of transportation facilities.--
       ``(i) In general.--An identification of transportation 
     facilities (including major roadways, transit, multimodal and 
     intermodal facilities, nonmotorized transportation 
     facilities, and intermodal connectors) that should function 
     as an integrated metropolitan transportation system, giving 
     emphasis to those facilities that serve important national 
     and regional transportation functions.
       ``(ii) Factors.--In formulating the transportation plan, 
     the metropolitan planning organization shall consider factors 
     described in subsection (h) as the factors relate to a 20-
     year forecast period.
       ``(B) Performance measures and targets.--A description of 
     the performance measures and performance targets used in 
     assessing the performance of the transportation system in 
     accordance with subsection (h)(2).
       ``(C) System performance report.--A system performance 
     report and subsequent updates evaluating the condition and 
     performance of the transportation system with respect to the 
     performance targets described in subsection (h)(2), 
     including--
       ``(i) progress achieved by the metropolitan planning 
     organization in meeting the performance targets in comparison 
     with system performance recorded in previous reports; and
       ``(ii) for metropolitan planning organizations that 
     voluntarily elect to develop multiple scenarios, an analysis 
     of how the preferred scenario has improved the conditions and 
     performance of the transportation system and how changes in 
     local policies and investments have impacted the costs 
     necessary to achieve the identified performance targets.
       ``(D) Mitigation activities.--
       ``(i) In general.--A long-range transportation plan shall 
     include a discussion of types of potential environmental 
     mitigation activities and potential areas to carry out these 
     activities, including activities that may have the greatest 
     potential to restore and maintain the environmental functions 
     affected by the plan.
       ``(ii) Consultation.--The discussion shall be developed in 
     consultation with Federal, State, and tribal wildlife, land 
     management, and regulatory agencies.
       ``(E) Financial plan.--
       ``(i) In general.--A financial plan that--

       ``(I) demonstrates how the adopted transportation plan can 
     be implemented;
       ``(II) indicates resources from public and private sources 
     that are reasonably expected to be made available to carry 
     out the plan; and
       ``(III) recommends any additional financing strategies for 
     needed projects and programs.

       ``(ii) Inclusions.--The financial plan may include, for 
     illustrative purposes, additional projects that would be 
     included in the adopted transportation plan if reasonable 
     additional resources beyond those identified in the financial 
     plan were available.
       ``(iii) Cooperative development.--For the purpose of 
     developing the transportation plan, the metropolitan planning 
     organization, transit operator, and State shall cooperatively 
     develop estimates of funds that will be available to support 
     plan implementation.
       ``(F) Operational and management strategies.--Operational 
     and management strategies to improve the performance of 
     existing transportation facilities to relieve vehicular 
     congestion and maximize the safety and mobility of people and 
     goods.
       ``(G) Capital investment and other strategies.--Capital 
     investment and other strategies to preserve the existing and 
     projected future metropolitan transportation infrastructure 
     and provide for multimodal capacity increases based on 
     regional priorities and needs.
       ``(H) Transportation and transit enhancement activities.--
     Proposed transportation and transit enhancement activities.
       ``(3) Coordination with clean air act agencies.--In 
     metropolitan areas that are in nonattainment for ozone or 
     carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
     seq.), the metropolitan planning organization shall 
     coordinate the development of a transportation plan with the 
     process for development of the transportation control 
     measures of the State implementation plan required by that 
     Act.
       ``(4) Optional scenario development.--
       ``(A) In general.--A metropolitan planning organization 
     may, while fitting the needs and complexity of its community, 
     voluntarily elect to develop multiple scenarios for 
     consideration as part of the development of the metropolitan 
     transportation plan, in accordance with subparagraph (B).
       ``(B) Recommended components.--A metropolitan planning 
     organization that chooses to develop multiple scenarios under 
     subparagraph (A) shall be encouraged to consider--
       ``(i) potential regional investment strategies for the 
     planning horizon;
       ``(ii) assumed distribution of population and employment;
       ``(iii) a scenario that, to the maximum extent practicable, 
     maintains baseline conditions for the performance measures 
     identified in subsection (h)(2);
       ``(iv) a scenario that improves the baseline conditions for 
     as many of the performance measures identified in subsection 
     (h)(2) as possible;
       ``(v) revenue constrained scenarios based on the total 
     revenues expected to be available over the forecast period of 
     the plan; and
       ``(vi) estimated costs and potential revenues available to 
     support each scenario.
       ``(C) Metrics.--In addition to the performance measures 
     identified in section 150(c) of title 23, metropolitan 
     planning organizations may evaluate scenarios developed under 
     this paragraph using locally-developed measures.
       ``(5) Consultation.--
       ``(A) In general.--In each metropolitan area, the 
     metropolitan planning organization shall consult, as 
     appropriate, with State and local agencies responsible for 
     land use management, natural resources, environmental 
     protection, conservation, and historic preservation 
     concerning the development of a long-range transportation 
     plan.
       ``(B) Issues.--The consultation shall involve, as 
     appropriate--
       ``(i) comparison of transportation plans with State 
     conservation plans or maps, if available; or
       ``(ii) comparison of transportation plans to inventories of 
     natural or historic resources, if available.
       ``(6) Participation by interested parties.--
       ``(A) In general.--Each metropolitan planning organization 
     shall provide citizens, affected public agencies, 
     representatives of public transportation employees, freight 
     shippers, providers of freight transportation services, 
     private providers of transportation, representatives of users 
     of public transportation, representatives of users of 
     pedestrian walkways and bicycle transportation facilities, 
     representatives of the disabled, and other interested parties 
     with a reasonable opportunity to comment on the 
     transportation plan.
       ``(B) Contents of participation plan.--A participation 
     plan--
       ``(i) shall be developed in consultation with all 
     interested parties; and
       ``(ii) shall provide that all interested parties have 
     reasonable opportunities to comment on the contents of the 
     transportation plan.
       ``(C) Methods.--In carrying out subparagraph (A), the 
     metropolitan planning organization shall, to the maximum 
     extent practicable--
       ``(i) hold any public meetings at convenient and accessible 
     locations and times;
       ``(ii) employ visualization techniques to describe plans; 
     and
       ``(iii) make public information available in electronically 
     accessible format and means, such as the World Wide Web, as 
     appropriate to afford reasonable opportunity for 
     consideration of public information under subparagraph (A).
       ``(7) Publication.--A transportation plan involving Federal 
     participation shall be published or otherwise made readily 
     available by the metropolitan planning organization for 
     public review, including (to the maximum extent practicable) 
     in electronically accessible formats and means, such as the 
     World Wide Web, approved by the metropolitan planning 
     organization and submitted for information purposes to the 
     Governor at such times and in such manner as the Secretary 
     shall establish.
       ``(8) Selection of projects from illustrative list.--
     Notwithstanding paragraph (2)(C), a State or metropolitan 
     planning organization shall not be required to select any 
     project from the illustrative list of additional projects 
     included in the financial plan under paragraph (2)(C).
       ``(j) Metropolitan TIP.--
       ``(1) Development.--
       ``(A) In general.--In cooperation with the State and any 
     affected public transportation operator, the metropolitan 
     planning organization designated for a metropolitan area 
     shall develop a TIP for the metropolitan planning area that--
       ``(i) contains projects consistent with the current 
     metropolitan transportation plan;
       ``(ii) reflects the investment priorities established in 
     the current metropolitan transportation plan; and
       ``(iii) once implemented, is designed to make progress 
     toward achieving the performance targets established under 
     subsection (h)(2).
       ``(B) Opportunity for comment.--In developing the TIP, the 
     metropolitan planning organization, in cooperation with the 
     State and any affected public transportation operator, shall 
     provide an opportunity for participation by interested 
     parties in the development of the program, in accordance with 
     subsection (i)(5).
       ``(C) Funding estimates.--For the purpose of developing the 
     TIP, the metropolitan planning organization, public 
     transportation agency, and State shall cooperatively develop 
     estimates of funds that are reasonably expected to be 
     available to support program implementation.
       ``(D) Updating and approval.--The TIP shall be--
       ``(i) updated at least once every 4 years; and
       ``(ii) approved by the metropolitan planning organization 
     and the Governor.
       ``(2) Contents.--
       ``(A) Priority list.--The TIP shall include a priority list 
     of proposed Federally supported projects and strategies to be 
     carried out within each 4-year period after the initial 
     adoption of the TIP.
       ``(B) Financial plan.--The TIP shall include a financial 
     plan that--
       ``(i) demonstrates how the TIP can be implemented;

[[Page H4492]]

       ``(ii) indicates resources from public and private sources 
     that are reasonably expected to be available to carry out the 
     program;
       ``(iii) identifies innovative financing techniques to 
     finance projects, programs, and strategies; and
       ``(iv) may include, for illustrative purposes, additional 
     projects that would be included in the approved TIP if 
     reasonable additional resources beyond those identified in 
     the financial plan were available.
       ``(C) Descriptions.--Each project in the TIP shall include 
     sufficient descriptive material (such as type of work, 
     termini, length, and other similar factors) to identify the 
     project or phase of the project.
       ``(D) Performance target achievement.--The transportation 
     improvement program shall include, to the maximum extent 
     practicable, a description of the anticipated effect of the 
     transportation improvement program toward achieving the 
     performance targets established in the metropolitan 
     transportation plan, linking investment priorities to those 
     performance targets.
       ``(3) Included projects.--
       ``(A) Projects under this chapter and title 23.--A TIP 
     developed under this subsection for a metropolitan area shall 
     include the projects within the area that are proposed for 
     funding under this chapter and chapter 1 of title 23.
       ``(B) Projects under chapter 2 of title 23.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 of 
     title 23 shall be identified individually in the 
     transportation improvement program.
       ``(ii) Other projects.--Projects proposed for funding under 
     chapter 2 of title 23 that are not determined to be 
     regionally significant shall be grouped in 1 line item or 
     identified individually in the transportation improvement 
     program.
       ``(C) Consistency with long-range transportation plan.--
     Each project shall be consistent with the long-range 
     transportation plan developed under subsection (i) for the 
     area.
       ``(D) Requirement of anticipated full funding.--The program 
     shall include a project, or an identified phase of a project, 
     only if full funding can reasonably be anticipated to be 
     available for the project or the identified phase within the 
     time period contemplated for completion of the project or the 
     identified phase.
       ``(4) Notice and comment.--Before approving a TIP, a 
     metropolitan planning organization, in cooperation with the 
     State and any affected public transportation operator, shall 
     provide an opportunity for participation by interested 
     parties in the development of the program, in accordance with 
     subsection (i)(5).
       ``(5) Selection of projects.--
       ``(A) In general.--Except as otherwise provided in 
     subsection (k)(4) and in addition to the TIP development 
     required under paragraph (1), the selection of Federally 
     funded projects in metropolitan areas shall be carried out, 
     from the approved TIP--
       ``(i) by--

       ``(I) in the case of projects under title 23, the State; 
     and
       ``(II) in the case of projects under this chapter, the 
     designated recipients of public transportation funding; and

       ``(ii) in cooperation with the metropolitan planning 
     organization.
       ``(B) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to advance a project included in the approved TIP 
     in place of another project in the program.
       ``(6) Selection of projects from illustrative list.--
       ``(A) No required selection.--Notwithstanding paragraph 
     (2)(B)(iv), a State or metropolitan planning organization 
     shall not be required to select any project from the 
     illustrative list of additional projects included in the 
     financial plan under paragraph (2)(B)(iv).
       ``(B) Required action by the secretary.--Action by the 
     Secretary shall be required for a State or metropolitan 
     planning organization to select any project from the 
     illustrative list of additional projects included in the 
     financial plan under paragraph (2)(B)(iv) for inclusion in an 
     approved TIP.
       ``(7) Publication.--
       ``(A) Publication of tips.--A TIP involving Federal 
     participation shall be published or otherwise made readily 
     available by the metropolitan planning organization for 
     public review.
       ``(B) Publication of annual listings of projects.--
       ``(i) In general.--An annual listing of projects, including 
     investments in pedestrian walkways and bicycle transportation 
     facilities, for which Federal funds have been obligated in 
     the preceding year shall be published or otherwise made 
     available by the cooperative effort of the State, transit 
     operator, and metropolitan planning organization for public 
     review.
       ``(ii) Requirement.--The listing shall be consistent with 
     the categories identified in the TIP.
       ``(k) Transportation Management Areas.--
       ``(1) Identification and designation.--
       ``(A) Required identification.--The Secretary shall 
     identify as a transportation management area each urbanized 
     area (as defined by the Bureau of the Census) with a 
     population of over 200,000 individuals.
       ``(B) Designations on request.--The Secretary shall 
     designate any additional area as a transportation management 
     area on the request of the Governor and the metropolitan 
     planning organization designated for the area.
       ``(2) Transportation plans.--In a transportation management 
     area, transportation plans shall be based on a continuing and 
     comprehensive transportation planning process carried out by 
     the metropolitan planning organization in cooperation with 
     the State and public transportation operators.
       ``(3) Congestion management process.--
       ``(A) In general.--Within a metropolitan planning area 
     serving a transportation management area, the transportation 
     planning process under this section shall address congestion 
     management through a process that provides for effective 
     management and operation, based on a cooperatively developed 
     and implemented metropolitan-wide strategy, of new and 
     existing transportation facilities eligible for funding under 
     this chapter and title 23 through the use of travel demand 
     reduction and operational management strategies.
       ``(B) Schedule.--The Secretary shall establish an 
     appropriate phase-in schedule for compliance with the 
     requirements of this section but no sooner than 1 year after 
     the identification of a transportation management area.
       ``(4) Selection of projects.--
       ``(A) In general.--All Federally funded projects carried 
     out within the boundaries of a metropolitan planning area 
     serving a transportation management area under title 23 
     (excluding projects carried out on the National Highway 
     System) or under this chapter shall be selected for 
     implementation from the approved TIP by the metropolitan 
     planning organization designated for the area in consultation 
     with the State and any affected public transportation 
     operator.
       ``(B) National highway system projects.--Projects carried 
     out within the boundaries of a metropolitan planning area 
     serving a transportation management area on the National 
     Highway System shall be selected for implementation from the 
     approved TIP by the State in cooperation with the 
     metropolitan planning organization designated for the area.
       ``(5) Certification.--
       ``(A) In general.--The Secretary shall--
       ``(i) ensure that the metropolitan planning process of a 
     metropolitan planning organization serving a transportation 
     management area is being carried out in accordance with 
     applicable provisions of Federal law; and
       ``(ii) subject to subparagraph (B), certify, not less often 
     than once every 4 years, that the requirements of this 
     paragraph are met with respect to the metropolitan planning 
     process.
       ``(B) Requirements for certification.--The Secretary may 
     make the certification under subparagraph (A) if--
       ``(i) the transportation planning process complies with the 
     requirements of this section and other applicable 
     requirements of Federal law; and
       ``(ii) there is a TIP for the metropolitan planning area 
     that has been approved by the metropolitan planning 
     organization and the Governor.
       ``(C) Effect of failure to certify.--
       ``(i) Withholding of project funds.--If a metropolitan 
     planning process of a metropolitan planning organization 
     serving a transportation management area is not certified, 
     the Secretary may withhold up to 20 percent of the funds 
     attributable to the metropolitan planning area of the 
     metropolitan planning organization for projects funded under 
     this chapter and title 23.
       ``(ii) Restoration of withheld funds.--The withheld funds 
     shall be restored to the metropolitan planning area at such 
     time as the metropolitan planning process is certified by the 
     Secretary.
       ``(D) Review of certification.--In making certification 
     determinations under this paragraph, the Secretary shall 
     provide for public involvement appropriate to the 
     metropolitan area under review.
       ``(l) Report on Performance-based Planning Processes.--
       ``(1) In general.--The Secretary shall submit to Congress a 
     report on the effectiveness of the performance-based planning 
     processes of metropolitan planning organizations under this 
     section, taking into consideration the requirements of this 
     subsection
       ``(2) Report.--Not later than 5 years after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall submit to Congress a report evaluating--
       ``(A) the overall effectiveness of performance-based 
     planning as a tool for guiding transportation investments;
       ``(B) the effectiveness of the performance-based planning 
     process of each metropolitan planning organization under this 
     section;
       ``(C) the extent to which metropolitan planning 
     organizations have achieved, or are currently making 
     substantial progress toward achieving, the performance 
     targets specified under this section and whether metropolitan 
     planning organizations are developing meaningful performance 
     targets; and
       ``(D) the technical capacity of metropolitan planning 
     organizations that operate within a metropolitan planning 
     area of less than 200,000 and their ability to carry out the 
     requirements of this section.
       ``(3) Publication.--The report under paragraph (2) shall be 
     published or otherwise made available in electronically 
     accessible formats and means, including on the Internet.
       ``(m) Abbreviated Plans for Certain Areas.--
       ``(1) In general.--Subject to paragraph (2), in the case of 
     a metropolitan area not designated as a transportation 
     management area under this section, the Secretary may provide 
     for the development of an abbreviated transportation plan and 
     TIP for the metropolitan planning area that the Secretary 
     determines is appropriate to achieve the purposes of this 
     section, taking into account the complexity of transportation 
     problems in the area.
       ``(2) Nonattainment areas.--The Secretary may not permit 
     abbreviated plans or TIPs for a metropolitan area that is in 
     nonattainment for ozone or carbon monoxide under the Clean 
     Air Act (42 U.S.C. 7401 et seq.).
       ``(n) Additional Requirements for Certain Nonattainment 
     Areas.--

[[Page H4493]]

       ``(1) In general.--Notwithstanding any other provisions of 
     this chapter or title 23, for transportation management areas 
     classified as nonattainment for ozone or carbon monoxide 
     pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), 
     Federal funds may not be advanced in such area for any 
     highway project that will result in a significant increase in 
     the carrying capacity for single-occupant vehicles unless the 
     project is addressed through a congestion management process.
       ``(2) Applicability.--This subsection applies to a 
     nonattainment area within the metropolitan planning area 
     boundaries determined under subsection (e).
       ``(o) Limitation on Statutory Construction.--Nothing in 
     this section shall be construed to confer on a metropolitan 
     planning organization the authority to impose legal 
     requirements on any transportation facility, provider, or 
     project not eligible under this chapter or title 23.
       ``(p) Funding.--Funds set aside under section 104(f) of 
     title 23 or section 5305(g) shall be available to carry out 
     this section.
       ``(q) Continuation of Current Review Practice.--Since plans 
     and TIPs described in this section are subject to a 
     reasonable opportunity for public comment, since individual 
     projects included in plans and TIPs are subject to review 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), and since decisions by the Secretary 
     concerning plans and TIPs described in this section have not 
     been reviewed under that Act as of January 1, 1997, any 
     decision by the Secretary concerning a plan or TIP described 
     in this section shall not be considered to be a Federal 
     action subject to review under that Act.''.
       (b) Pilot Program for Transit-oriented Development 
     Planning.--
       (1) Definitions.--In this subsection the following 
     definitions shall apply:
       (A) Eligible project.--The term ``eligible project'' means 
     a new fixed guideway capital project or a core capacity 
     improvement project, as those terms are defined in section 
     5309 of title 49, United States Code, as amended by this 
     division.
       (B) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) General authority.--The Secretary may make grants under 
     this subsection to a State or local governmental authority to 
     assist in financing comprehensive planning associated with an 
     eligible project that seeks to--
       (A) enhance economic development, ridership, and other 
     goals established during the project development and 
     engineering processes;
       (B) facilitate multimodal connectivity and accessibility;
       (C) increase access to transit hubs for pedestrian and 
     bicycle traffic;
       (D) enable mixed-use development;
       (E) identify infrastructure needs associated with the 
     eligible project; and
       (F) include private sector participation.
       (3) Eligibility.--A State or local governmental authority 
     that desires to participate in the program under this 
     subsection shall submit to the Secretary an application that 
     contains, at a minimum--
       (A) identification of an eligible project;
       (B) a schedule and process for the development of a 
     comprehensive plan;
       (C) a description of how the eligible project and the 
     proposed comprehensive plan advance the metropolitan 
     transportation plan of the metropolitan planning 
     organization;
       (D) proposed performance criteria for the development and 
     implementation of the comprehensive plan; and
       (E) identification of--
       (i) partners;
       (ii) availability of and authority for funding; and
       (iii) potential State, local or other impediments to the 
     implementation of the comprehensive plan.

     SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION 
                   PLANNING.

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

     ``Sec. 5304. Statewide and nonmetropolitan transportation 
       planning

       ``(a) General Requirements.--
       ``(1) Development of plans and programs.--Subject to 
     section 5303, to accomplish the objectives stated in section 
     5303(a), each State shall develop a statewide transportation 
     plan and a statewide transportation improvement program for 
     all areas of the State.
       ``(2) Contents.--The statewide transportation plan and the 
     transportation improvement program developed for each State 
     shall provide for the development and integrated management 
     and operation of transportation systems and facilities 
     (including accessible pedestrian walkways and bicycle 
     transportation facilities) that will function as an 
     intermodal transportation system for the State and an 
     integral part of an intermodal transportation system for the 
     United States.
       ``(3) Process of development.--The process for developing 
     the statewide plan and the transportation improvement program 
     shall provide for consideration of all modes of 
     transportation and the policies stated in section 5303(a) and 
     shall be continuing, cooperative, and comprehensive to the 
     degree appropriate, based on the complexity of the 
     transportation problems to be addressed.
       ``(b) Coordination With Metropolitan Planning; State 
     Implementation Plan.--A State shall--
       ``(1) coordinate planning carried out under this section 
     with the transportation planning activities carried out under 
     section 5303 for metropolitan areas of the State and with 
     statewide trade and economic development planning activities 
     and related multistate planning efforts; and
       ``(2) develop the transportation portion of the State 
     implementation plan as required by the Clean Air Act (42 
     U.S.C. 7401 et seq.).
       ``(c) Interstate Agreements.--
       ``(1) In general.--Two or more States may enter into 
     agreements or compacts, not in conflict with any law of the 
     United States, for cooperative efforts and mutual assistance 
     in support of activities authorized under this section 
     related to interstate areas and localities in the States and 
     establishing authorities the States consider desirable for 
     making the agreements and compacts effective.
       ``(2) Reservation of rights.--The right to alter, amend, or 
     repeal interstate compacts entered into under this subsection 
     is expressly reserved.
       ``(d) Scope of Planning Process.--
       ``(1) In general.--Each State shall carry out a statewide 
     transportation planning process that provides for 
     consideration and implementation of projects, strategies, and 
     services that will--
       ``(A) support the economic vitality of the United States, 
     the States, nonmetropolitan areas, and metropolitan areas, 
     especially by enabling global competitiveness, productivity, 
     and efficiency;
       ``(B) increase the safety of the transportation system for 
     motorized and nonmotorized users;
       ``(C) increase the security of the transportation system 
     for motorized and nonmotorized users;
       ``(D) increase the accessibility and mobility of people and 
     freight;
       ``(E) protect and enhance the environment, promote energy 
     conservation, improve the quality of life, and promote 
     consistency between transportation improvements and State and 
     local planned growth and economic development patterns;
       ``(F) enhance the integration and connectivity of the 
     transportation system, across and between modes throughout 
     the State, for people and freight;
       ``(G) promote efficient system management and operation; 
     and
       ``(H) emphasize the preservation of the existing 
     transportation system.
       ``(2) Performance-based approach.--
       ``(A) In general.--The statewide transportation planning 
     process shall provide for the establishment and use of a 
     performance-based approach to transportation decisionmaking 
     to support the national goals described in section 150(b) of 
     title 23 and the general purposes described in section 5301.
       ``(B) Performance targets.--
       ``(i) Surface transportation performance targets.--

       ``(I) In general.--Each State shall establish performance 
     targets that address the performance measures described in 
     section 150(c) of title 23, where applicable, to use in 
     tracking progress towards attainment of critical outcomes for 
     the State.
       ``(II) Coordination.--Selection of performance targets by a 
     State shall be coordinated with the relevant metropolitan 
     planning organizations to ensure consistency, to the maximum 
     extent practicable.

       ``(ii) Public transportation performance targets.--In 
     urbanized areas with a population of fewer than 200,000 
     individuals, as calculated according to the most recent 
     decennial census, and not represented by a metropolitan 
     planning organization, selection of performance targets by a 
     State shall be coordinated, to the maximum extent 
     practicable, with providers of public transportation to 
     ensure consistency with sections 5326(c) and 5329(d).
       ``(C) Integration of other performance-based plans.--A 
     State shall integrate into the statewide transportation 
     planning process, directly or by reference, the goals, 
     objectives, performance measures, and targets described in 
     this paragraph, in other State transportation plans and 
     transportation processes, as well as any plans developed 
     pursuant to title 23 by providers of public transportation in 
     urbanized areas with a population of fewer than 200,000 
     individuals, as calculated according to the most recent 
     decennial census, and not represented by a metropolitan 
     planning organization, required as part of a performance-
     based program.
       ``(D) Use of performance measures and targets.--The 
     performance measures and targets established under this 
     paragraph shall be considered by a State when developing 
     policies, programs, and investment priorities reflected in 
     the statewide transportation plan and statewide 
     transportation improvement program.
       ``(3) Failure to consider factors.--The failure to take 
     into consideration the factors specified in paragraphs (1) 
     and (2) shall not be subject to review by any court under 
     this chapter, title 23, subchapter II of chapter 5 of title 
     5, or chapter 7 of title 5 in any matter affecting a 
     statewide transportation plan, a statewide transportation 
     improvement program, a project or strategy, or the 
     certification of a planning process.
       ``(e) Additional Requirements.--``In carrying out planning 
     under this section, each State shall, at a minimum--
       ``(1) with respect to nonmetropolitan areas, cooperate with 
     affected local officials with responsibility for 
     transportation or, if applicable, through regional 
     transportation planning organizations described in subsection 
     (l);
       ``(2) consider the concerns of Indian tribal governments 
     and Federal land management agencies that have jurisdiction 
     over land within the boundaries of the State; and
       ``(3) consider coordination of transportation plans, the 
     transportation improvement program, and planning activities 
     with related planning activities being carried out outside of 
     metropolitan planning areas and between States.
       ``(f) Long-range Statewide Transportation Plan.--
       ``(1) Development.--Each State shall develop a long-range 
     statewide transportation plan,

[[Page H4494]]

     with a minimum 20-year forecast period for all areas of the 
     State, that provides for the development and implementation 
     of the intermodal transportation system of the State.
       ``(2) Consultation with governments.--
       ``(A) Metropolitan areas.--The statewide transportation 
     plan shall be developed for each metropolitan area in the 
     State in cooperation with the metropolitan planning 
     organization designated for the metropolitan area under 
     section 5303.
       ``(B) Nonmetropolitan areas.--
       ``(i) In general.--With respect to nonmetropolitan areas, 
     the statewide transportation plan shall be developed in 
     cooperation with affected nonmetropolitan officials with 
     responsibility for transportation or, if applicable, through 
     regional transportation planning organizations described in 
     subsection (l).
       ``(ii) Role of secretary.--The Secretary shall not review 
     or approve the consultation process in each State.
       ``(C) Indian tribal areas.--With respect to each area of 
     the State under the jurisdiction of an Indian tribal 
     government, the statewide transportation plan shall be 
     developed in consultation with the tribal government and the 
     Secretary of the Interior.
       ``(D) Consultation, comparison, and consideration.--
       ``(i) In general.--The long-range transportation plan shall 
     be developed, as appropriate, in consultation with State, 
     tribal, and local agencies responsible for land use 
     management, natural resources, environmental protection, 
     conservation, and historic preservation.
       ``(ii) Comparison and consideration.--Consultation under 
     clause (i) shall involve comparison of transportation plans 
     to State and tribal conservation plans or maps, if available, 
     and comparison of transportation plans to inventories of 
     natural or historic resources, if available.
       ``(3) Participation by interested parties.--
       ``(A) In general.--In developing the statewide 
     transportation plan, the State shall provide to--
       ``(i) nonmetropolitan local elected officials, or, if 
     applicable, through regional transportation planning 
     organizations described in subsection (l), an opportunity to 
     participate in accordance with subparagraph (B)(i); and
       ``(ii) citizens, affected public agencies, representatives 
     of public transportation employees, freight shippers, private 
     providers of transportation, representatives of users of 
     public transportation, representatives of users of pedestrian 
     walkways and bicycle transportation facilities, 
     representatives of the disabled, providers of freight 
     transportation services, and other interested parties a 
     reasonable opportunity to comment on the proposed plan.
       ``(B) Methods.--In carrying out subparagraph (A), the State 
     shall, to the maximum extent practicable--
       ``(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) hold any public meetings at convenient and 
     accessible locations and times;
       ``(iii) employ visualization techniques to describe plans; 
     and
       ``(iv) make public information available in electronically 
     accessible format and means, such as the World Wide Web, as 
     appropriate to afford reasonable opportunity for 
     consideration of public information under subparagraph (A).
       ``(4) Mitigation activities.--
       ``(A) In general.--A long-range transportation plan shall 
     include a discussion of potential environmental mitigation 
     activities and potential areas to carry out these activities, 
     including activities that may have the greatest potential to 
     restore and maintain the environmental functions affected by 
     the plan.
       ``(B) Consultation.--The discussion shall be developed in 
     consultation with Federal, State, and tribal wildlife, land 
     management, and regulatory agencies.
       ``(5) Financial plan.--The statewide transportation plan 
     may include--
       ``(A) a financial plan that--
       ``(i) demonstrates how the adopted statewide transportation 
     plan can be implemented;
       ``(ii) indicates resources from public and private sources 
     that are reasonably expected to be made available to carry 
     out the plan; and
       ``(iii) recommends any additional financing strategies for 
     needed projects and programs; and
       ``(B) for illustrative purposes, additional projects that 
     would be included in the adopted statewide transportation 
     plan if reasonable additional resources beyond those 
     identified in the financial plan were available.
       ``(6) Selection of projects from illustrative list.--A 
     State shall not be required to select any project from the 
     illustrative list of additional projects included in the 
     financial plan described in paragraph (5).
       ``(7) Performance-based approach.--The statewide 
     transportation plan should include--
       ``(A) a description of the performance measures and 
     performance targets used in assessing the performance of the 
     transportation system in accordance with subsection (d)(2); 
     and
       ``(B) a system performance report and subsequent updates 
     evaluating the condition and performance of the 
     transportation system with respect to the performance targets 
     described in subsection (d)(2), including progress achieved 
     by the metropolitan planning organization in meeting the 
     performance targets in comparison with system performance 
     recorded in previous reports;
       ``(8) Existing system.--The statewide transportation plan 
     should include capital, operations and management strategies, 
     investments, procedures, and other measures to ensure the 
     preservation and most efficient use of the existing 
     transportation system.
       ``(9) Publication of long-range transportation plans.--Each 
     long-range transportation plan prepared by a State shall be 
     published or otherwise made available, including (to the 
     maximum extent practicable) in electronically accessible 
     formats and means, such as the World Wide Web.
       ``(g) Statewide Transportation Improvement Program.--
       ``(1) Development.--
       ``(A) In general.--Each State shall develop a statewide 
     transportation improvement program for all areas of the 
     State.
       ``(B) Duration and updating of program.--Each program 
     developed under subparagraph (A) shall cover a period of 4 
     years and shall be updated every 4 years or more frequently 
     if the Governor of the State elects to update more 
     frequently.
       ``(2) Consultation with governments.--
       ``(A) Metropolitan areas.--With respect to each 
     metropolitan area in the State, the program shall be 
     developed in cooperation with the metropolitan planning 
     organization designated for the metropolitan area under 
     section 5303.
       ``(B) Nonmetropolitan areas.--
       ``(i) In general.--With respect to each nonmetropolitan 
     area in the State, the program shall be developed in 
     cooperation with affected nonmetropolitan local officials 
     with responsibility for transportation or, if applicable, 
     through regional transportation planning organizations 
     described in subsection (l).
       ``(ii) Role of secretary.--The Secretary shall not review 
     or approve the specific consultation process in the State.
       ``(C) Indian tribal areas.--With respect to each area of 
     the State under the jurisdiction of an Indian tribal 
     government, the program shall be developed in consultation 
     with the tribal government and the Secretary of the Interior.
       ``(3) Participation by interested parties.--In developing 
     the program, the State shall provide citizens, affected 
     public agencies, representatives of public transportation 
     employees, freight shippers, private providers of 
     transportation, providers of freight transportation services, 
     representatives of users of public transportation, 
     representatives of users of pedestrian walkways and bicycle 
     transportation facilities, representatives of the disabled, 
     and other interested parties with a reasonable opportunity to 
     comment on the proposed program.
       ``(4) Performance target achievement.--A statewide 
     transportation improvement program shall include, to the 
     maximum extent practicable, a discussion of the anticipated 
     effect of the statewide transportation improvement program 
     toward achieving the performance targets established in the 
     statewide transportation plan, linking investment priorities 
     to those performance targets.
       ``(5) Included projects.--
       ``(A) In general.--A transportation improvement program 
     developed under this subsection for a State shall include 
     Federally supported surface transportation expenditures 
     within the boundaries of the State.
       ``(B) Listing of projects.--
       ``(i) In general.--An annual listing of projects for which 
     funds have been obligated for the preceding year in each 
     metropolitan planning area shall be published or otherwise 
     made available by the cooperative effort of the State, 
     transit operator, and the metropolitan planning organization 
     for public review.
       ``(ii) Funding categories.--The listing described in clause 
     (i) shall be consistent with the funding categories 
     identified in each metropolitan transportation improvement 
     program.
       ``(C) Projects under chapter 2.--
       ``(i) Regionally significant projects.--Regionally 
     significant projects proposed for funding under chapter 2 of 
     title 23 shall be identified individually in the 
     transportation improvement program.
       ``(ii) Other projects.--Projects proposed for funding under 
     chapter 2 of title 23 that are not determined to be 
     regionally significant shall be grouped in 1 line item or 
     identified individually in the transportation improvement 
     program.
       ``(D) Consistency with statewide transportation plan.--Each 
     project shall be--
       ``(i) consistent with the statewide transportation plan 
     developed under this section for the State;
       ``(ii) identical to the project or phase of the project as 
     described in an approved metropolitan transportation plan; 
     and
       ``(iii) in conformance with the applicable State air 
     quality implementation plan developed under the Clean Air Act 
     (42 U.S.C. 7401 et seq.), if the project is carried out in an 
     area designated as a nonattainment area for ozone, 
     particulate matter, or carbon monoxide under part D of title 
     I of that Act (42 U.S.C. 7501 et seq.).
       ``(E) Requirement of anticipated full funding.--The 
     transportation improvement program shall include a project, 
     or an identified phase of a project, only if full funding can 
     reasonably be anticipated to be available for the project 
     within the time period contemplated for completion of the 
     project.
       ``(F) Financial plan.--
       ``(i) In general.--The transportation improvement program 
     may include a financial plan that demonstrates how the 
     approved transportation improvement program can be 
     implemented, indicates resources from public and private 
     sources that are reasonably expected to be made available to 
     carry out the transportation improvement program, and 
     recommends any additional financing strategies for needed 
     projects and programs.
       ``(ii) Additional projects.--The financial plan may 
     include, for illustrative purposes, additional projects that 
     would be included in the adopted transportation plan if 
     reasonable additional resources beyond those identified in 
     the financial plan were available.
       ``(G) Selection of projects from illustrative list.--
       ``(i) No required selection.--Notwithstanding subparagraph 
     (F), a State shall not be

[[Page H4495]]

     required to select any project from the illustrative list of 
     additional projects included in the financial plan under 
     subparagraph (F).
       ``(ii) Required action by the secretary.--Action by the 
     Secretary shall be required for a State to select any project 
     from the illustrative list of additional projects included in 
     the financial plan under subparagraph (F) for inclusion in an 
     approved transportation improvement program.
       ``(H) Priorities.--The transportation improvement program 
     shall reflect the priorities for programming and expenditures 
     of funds, including transportation enhancement activities, 
     required by this chapter and title 23.
       ``(6) Project selection for areas of less than 50,000 
     population.--
       ``(A) In general.--Projects carried out in areas with 
     populations of less than 50,000 individuals shall be 
     selected, from the approved transportation improvement 
     program (excluding projects carried out on the National 
     Highway System and projects carried out under the bridge 
     program or the Interstate maintenance program under title 23 
     or under sections 5310 and 5311 of this chapter), by the 
     State in cooperation with the affected nonmetropolitan local 
     officials with responsibility for transportation or, if 
     applicable, through regional transportation planning 
     organizations described in subsection (l).
       ``(B) Other projects.--Projects carried out in areas with 
     populations of less than 50,000 individuals on the National 
     Highway System or under the bridge program or the Interstate 
     maintenance program under title 23 or under sections 5310 and 
     5311 of this chapter shall be selected, from the approved 
     statewide transportation improvement program, by the State in 
     consultation with the affected nonmetropolitan local 
     officials with responsibility for transportation.
       ``(7) Transportation improvement program approval.--Every 4 
     years, a transportation improvement program developed under 
     this subsection shall be reviewed and approved by the 
     Secretary if based on a current planning finding.
       ``(8) Planning finding.--A finding shall be made by the 
     Secretary at least every 4 years that the transportation 
     planning process through which statewide transportation plans 
     and programs are developed is consistent with this section 
     and section 5303.
       ``(9) Modifications to project priority.--Notwithstanding 
     any other provision of law, action by the Secretary shall not 
     be required to advance a project included in the approved 
     transportation improvement program in place of another 
     project in the program.
       ``(h) Performance-based Planning Processes Evaluation.--
       ``(1) In general.--The Secretary shall establish criteria 
     to evaluate the effectiveness of the performance-based 
     planning processes of States, taking into consideration the 
     following:
       ``(A) The extent to which the State is making progress 
     toward achieving, the performance targets described in 
     subsection (d)(2), taking into account whether the State 
     developed appropriate performance targets.
       ``(B) The extent to which the State has made transportation 
     investments that are efficient and cost-effective.
       ``(C) The extent to which the State--
       ``(i) has developed an investment process that relies on 
     public input and awareness to ensure that investments are 
     transparent and accountable; and
       ``(ii) provides reports allowing the public to access the 
     information being collected in a format that allows the 
     public to meaningfully assess the performance of the State.
       ``(2) Report.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall submit to Congress a report evaluating--
       ``(i) the overall effectiveness of performance-based 
     planning as a tool for guiding transportation investments; 
     and
       ``(ii) the effectiveness of the performance-based planning 
     process of each State.
       ``(B) Publication.--The report under subparagraph (A) shall 
     be published or otherwise made available in electronically 
     accessible formats and means, including on the Internet.
       ``(i) Treatment of Certain State Laws as Congestion 
     Management Processes.--For purposes of this section and 
     section 5303, and sections 134 and 135 of title 23, State 
     laws, rules, or regulations pertaining to congestion 
     management systems or programs may constitute the congestion 
     management process under this this section and section 5303, 
     and sections 134 and 135 of title 23, if the Secretary finds 
     that the State laws, rules, or regulations are consistent 
     with, and fulfill the intent of, the purposes of this section 
     and section 5303, and sections 134 and 135 of title 23, as 
     appropriate.
       ``(j) Continuation of Current Review Practice.--Since the 
     statewide transportation plan and the transportation 
     improvement program described in this section are subject to 
     a reasonable opportunity for public comment, since individual 
     projects included in the statewide transportation plans and 
     the transportation improvement program are subject to review 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), and since decisions by the Secretary 
     concerning statewide transportation plans or the 
     transportation improvement program described in this section 
     have not been reviewed under that Act as of January 1, 1997, 
     any decision by the Secretary concerning a metropolitan or 
     statewide transportation plan or the transportation 
     improvement program described in this section shall not be 
     considered to be a Federal action subject to review under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).
       ``(k) Schedule for Implementation.--The Secretary shall 
     issue guidance on a schedule for implementation of the 
     changes made by this section, taking into consideration the 
     established planning update cycle for States. The Secretary 
     shall not require a State to deviate from its established 
     planning update cycle to implement changes made by this 
     section. States shall reflect changes made to their 
     transportation plan or transportation improvement program 
     updates not later than 2 years after the date of issuance of 
     guidance by the Secretary under this subsection.
       ``(l) Designation of Regional Transportation Planning 
     Organizations.--
       ``(1) In general.--To carry out the transportation planning 
     process required by this section, a State may establish and 
     designate regional transportation planning organizations to 
     enhance the planning, coordination, and implementation of 
     statewide strategic long-range transportation plans and 
     transportation improvement programs, with an emphasis on 
     addressing the needs of nonmetropolitan areas of the State.
       ``(2) Structure.--A regional transportation planning 
     organization shall be established as a multijurisdictional 
     organization of nonmetropolitan local officials or their 
     designees who volunteer for such organization and 
     representatives of local transportation systems who volunteer 
     for such organization.
       ``(3) Requirements.--A regional transportation planning 
     organization shall establish, at a minimum--
       ``(A) a policy committee, the majority of which shall 
     consist of nonmetropolitan local officials, or their 
     designees, and, as appropriate, additional representatives 
     from the State, private business, transportation service 
     providers, economic development practitioners, and the public 
     in the region; and
       ``(B) a fiscal and administrative agent, such as an 
     existing regional planning and development organization, to 
     provide professional planning, management, and administrative 
     support.
       ``(4) Duties.--The duties of a regional transportation 
     planning organization shall include--
       ``(A) developing and maintaining, in cooperation with the 
     State, regional long-range multimodal transportation plans;
       ``(B) developing a regional transportation improvement 
     program for consideration by the State;
       ``(C) fostering the coordination of local planning, land 
     use, and economic development plans with State, regional, and 
     local transportation plans and programs;
       ``(D) providing technical assistance to local officials;
       ``(E) participating in national, multistate, and State 
     policy and planning development processes to ensure the 
     regional and local input of nonmetropolitan areas;
       ``(F) providing a forum for public participation in the 
     statewide and regional transportation planning processes;
       ``(G) considering and sharing plans and programs with 
     neighboring regional transportation planning organizations, 
     metropolitan planning organizations, and, where appropriate, 
     tribal organizations; and
       ``(H) conducting other duties, as necessary, to support and 
     enhance the statewide planning process under subsection (d).
       ``(5) States without regional transportation planning 
     organizations.--If a State chooses not to establish or 
     designate a regional transportation planning organization, 
     the State shall consult with affected nonmetropolitan local 
     officials to determine projects that may be of regional 
     significance.''.

     SEC. 20007. URBANIZED AREA FORMULA GRANTS.

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

     ``Sec. 5307. Urbanized area formula grants

       ``(a) General Authority.--
       ``(1) Grants.--The Secretary may make grants under this 
     section for--
       ``(A) capital projects;
       ``(B) planning;
       ``(C) job access and reverse commute projects; and
       ``(D) operating costs of equipment and facilities for use 
     in public transportation in an urbanized area with a 
     population of fewer than 200,000 individuals, as determined 
     by the Bureau of the Census.
       ``(2) Special rule.--The Secretary may make grants under 
     this section to finance the operating cost of equipment and 
     facilities for use in public transportation, excluding rail 
     fixed guideway, in an urbanized area with a population of not 
     fewer than 200,000 individuals, as determined by the Bureau 
     of the Census--
       ``(A) for public transportation systems that operate 75 or 
     fewer buses in fixed route service during peak service hours, 
     in an amount not to exceed 75 percent of the share of the 
     apportionment which is attributable to such systems within 
     the urbanized area, as measured by vehicle revenue hours; and
       ``(B) for public transportation systems that operate a 
     minimum of 76 buses and a maximum of 100 buses in fixed route 
     service during peak service hours, in an amount not to exceed 
     50 percent of the share of the apportionment which is 
     attributable to such systems within the urbanized area, as 
     measured by vehicle revenue hours.
       ``(b) Program of Projects.--Each recipient of a grant 
     shall--
       ``(1) make available to the public information on amounts 
     available to the recipient under this section;
       ``(2) develop, in consultation with interested parties, 
     including private transportation providers, a proposed 
     program of projects for activities to be financed;
       ``(3) publish a proposed program of projects in a way that 
     affected individuals, private transportation providers, and 
     local elected officials have the opportunity to examine the 
     proposed program and submit comments on the proposed program 
     and the performance of the recipient;

[[Page H4496]]

       ``(4) provide an opportunity for a public hearing in which 
     to obtain the views of individuals on the proposed program of 
     projects;
       ``(5) ensure that the proposed program of projects provides 
     for the coordination of public transportation services 
     assisted under section 5336 of this title with transportation 
     services assisted from other United States Government 
     sources;
       ``(6) consider comments and views received, especially 
     those of private transportation providers, in preparing the 
     final program of projects; and
       ``(7) make the final program of projects available to the 
     public.
       ``(c) Grant Recipient Requirements.--A recipient may 
     receive a grant in a fiscal year only if--
       ``(1) the recipient, within the time the Secretary 
     prescribes, submits a final program of projects prepared 
     under subsection (b) of this section and a certification for 
     that fiscal year that the recipient (including a person 
     receiving amounts from a Governor under this section)--
       ``(A) has or will have the legal, financial, and technical 
     capacity to carry out the program, including safety and 
     security aspects of the program;
       ``(B) has or will have satisfactory continuing control over 
     the use of equipment and facilities;
       ``(C) will maintain equipment and facilities;
       ``(D) will ensure that, during non-peak hours for 
     transportation using or involving a facility or equipment of 
     a project financed under this section, a fare that is not 
     more than 50 percent of the peak hour fare will be charged 
     for any--
       ``(i) senior;
       ``(ii) individual who, because of illness, injury, age, 
     congenital malfunction, or other incapacity or temporary or 
     permanent disability (including an individual who is a 
     wheelchair user or has semiambulatory capability), cannot use 
     a public transportation service or a public transportation 
     facility effectively without special facilities, planning, or 
     design; and
       ``(iii) individual presenting a Medicare card issued to 
     that individual under title II or XVIII of the Social 
     Security Act (42 U.S.C. 401 et seq. and 1395 et seq.);
       ``(E) in carrying out a procurement under this section, 
     will comply with sections 5323 and 5325;
       ``(F) has complied with subsection (b) of this section;
       ``(G) has available and will provide the required amounts 
     as provided by subsection (d) of this section;
       ``(H) will comply with sections 5303 and 5304;
       ``(I) has a locally developed process to solicit and 
     consider public comment before raising a fare or carrying out 
     a major reduction of transportation;
       ``(J)(i) will expend for each fiscal year for public 
     transportation security projects, including increased 
     lighting in or adjacent to a public transportation system 
     (including bus stops, subway stations, parking lots, and 
     garages), increased camera surveillance of an area in or 
     adjacent to that system, providing an emergency telephone 
     line to contact law enforcement or security personnel in an 
     area in or adjacent to that system, and any other project 
     intended to increase the security and safety of an existing 
     or planned public transportation system, at least 1 percent 
     of the amount the recipient receives for each fiscal year 
     under section 5336 of this title; or
       ``(ii) has decided that the expenditure for security 
     projects is not necessary;
       ``(K) in the case of a recipient for an urbanized area with 
     a population of not fewer than 200,000 individuals, as 
     determined by the Bureau of the Census--
       ``(i) will expend not less than 1 percent of the amount the 
     recipient receives each fiscal year under this section for 
     associated transit improvements, as defined in section 5302; 
     and
       ``(ii) will submit an annual report listing projects 
     carried out in the preceding fiscal year with those funds; 
     and
       ``(L) will comply with section 5329(d); and
       ``(2) the Secretary accepts the certification.
       ``(d) Government Share of Costs.--
       ``(1) Capital projects.--A grant for a capital project 
     under this section shall be for 80 percent of the net project 
     cost of the project. The recipient may provide additional 
     local matching amounts.
       ``(2) Operating expenses.--A grant for operating expenses 
     under this section may not exceed 50 percent of the net 
     project cost of the project.
       ``(3) Remaining costs.--Subject to paragraph (4), the 
     remainder of the net project costs shall be provided--
       ``(A) in cash from non-Government sources other than 
     revenues from providing public transportation services;
       ``(B) from revenues from the sale of advertising and 
     concessions;
       ``(C) from an undistributed cash surplus, a replacement or 
     depreciation cash fund or reserve, or new capital;
       ``(D) from amounts appropriated or otherwise made available 
     to a department or agency of the Government (other than the 
     Department of Transportation) that are eligible to be 
     expended for transportation; and
       ``(E) from amounts received under a service agreement with 
     a State or local social service agency or private social 
     service organization.
       ``(4) Use of certain funds.--For purposes of subparagraphs 
     (D) and (E) of paragraph (3), the prohibitions on the use of 
     funds for matching requirements under section 
     403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 
     603(a)(5)(C)(vii)) shall not apply to Federal or State funds 
     to be used for transportation purposes.
       ``(e) Undertaking Projects in Advance.--
       ``(1) Payment.--The Secretary may pay the Government share 
     of the net project cost to a State or local governmental 
     authority that carries out any part of a project eligible 
     under subparagraph (A) or (B) of subsection (a)(1) without 
     the aid of amounts of the Government and according to all 
     applicable procedures and requirements if--
       ``(A) the recipient applies for the payment;
       ``(B) the Secretary approves the payment; and
       ``(C) before carrying out any part of the project, the 
     Secretary approves the plans and specifications for the part 
     in the same way as for other projects under this section.
       ``(2) Approval of application.--The Secretary may approve 
     an application under paragraph (1) of this subsection only if 
     an authorization for this section is in effect for the fiscal 
     year to which the application applies. The Secretary may not 
     approve an application if the payment will be more than--
       ``(A) the recipient's expected apportionment under section 
     5336 of this title if the total amount authorized to be 
     appropriated for the fiscal year to carry out this section is 
     appropriated; less
       ``(B) the maximum amount of the apportionment that may be 
     made available for projects for operating expenses under this 
     section.
       ``(3) Financing costs.--
       ``(A) In general.--The cost of carrying out part of a 
     project includes the amount of interest earned and payable on 
     bonds issued by the recipient to the extent proceeds of the 
     bonds are expended in carrying out the part.
       ``(B) Limitation on the amount of interest.--The amount of 
     interest allowed under this paragraph may not be more than 
     the most favorable financing terms reasonably available for 
     the project at the time of borrowing.
       ``(C) Certification.--The applicant shall certify, in a 
     manner satisfactory to the Secretary, that the applicant has 
     shown reasonable diligence in seeking the most favorable 
     financing terms.
       ``(f) Reviews, Audits, and Evaluations.--
       ``(1) Annual review.--
       ``(A) In general.--At least annually, the Secretary shall 
     carry out, or require a recipient to have carried out 
     independently, reviews and audits the Secretary considers 
     appropriate to establish whether the recipient has carried 
     out--
       ``(i) the activities proposed under subsection (c) of this 
     section in a timely and effective way and can continue to do 
     so; and
       ``(ii) those activities and its certifications and has used 
     amounts of the Government in the way required by law.
       ``(B) Auditing procedures.--An audit of the use of amounts 
     of the Government shall comply with the auditing procedures 
     of the Comptroller General.
       ``(2) Triennial review.--At least once every 3 years, the 
     Secretary shall review and evaluate completely the 
     performance of a recipient in carrying out the recipient's 
     program, specifically referring to compliance with statutory 
     and administrative requirements and the extent to which 
     actual program activities are consistent with the activities 
     proposed under subsection (c) of this section and the 
     planning process required under sections 5303, 5304, and 5305 
     of this title. To the extent practicable, the Secretary shall 
     coordinate such reviews with any related State or local 
     reviews.
       ``(3) Actions resulting from review, audit, or 
     evaluation.--The Secretary may take appropriate action 
     consistent with a review, audit, and evaluation under this 
     subsection, including making an appropriate adjustment in the 
     amount of a grant or withdrawing the grant.
       ``(g) Treatment.--For purposes of this section, the United 
     States Virgin Islands shall be treated as an urbanized area, 
     as defined in section 5302.
       ``(h) Passenger Ferry Grants.--
       ``(1) In general.--The Secretary may make grants under this 
     subsection to recipients for passenger ferry projects that 
     are eligible for a grant under subsection (a).
       ``(2) Grant requirements.--Except as otherwise provided in 
     this subsection, a grant under this subsection shall be 
     subject to the same terms and conditions as a grant under 
     subsection (a).
       ``(3) Competitive process.--The Secretary shall solicit 
     grant applications and make grants for eligible projects on a 
     competitive basis.''.

     SEC. 20008. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

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

     ``Sec. 5309. Fixed guideway capital investment grants

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Applicant.--The term `applicant' means a State or 
     local governmental authority that applies for a grant under 
     this section.
       ``(2) Core capacity improvement project.--The term `core 
     capacity improvement project' means a substantial corridor-
     based capital investment in an existing fixed guideway system 
     that increases the capacity of a corridor by not less than 10 
     percent. The term does not include project elements designed 
     to maintain a state of good repair of the existing fixed 
     guideway system.
       ``(3) Corridor-based bus rapid transit project.--The term 
     `corridor-based bus rapid transit project' means a small 
     start project utilizing buses in which the project represents 
     a substantial investment in a defined corridor as 
     demonstrated by features that emulate the services provided 
     by rail fixed guideway public transportation systems, 
     including defined stations; traffic signal priority for 
     public transportation vehicles; short headway bidirectional 
     services for a substantial part of weekdays and weekend days; 
     and any other features the Secretary may determine support a 
     long-term corridor investment, but the majority of which does 
     not operate in a separated right-of-way dedicated for public 
     transportation use during peak periods.
       ``(4) Fixed guideway bus rapid transit project.--The term 
     `fixed guideway bus rapid transit project' means a bus 
     capital project--

[[Page H4497]]

       ``(A) in which the majority of the project operates in a 
     separated right-of-way dedicated for public transportation 
     use during peak periods;
       ``(B) that represents a substantial investment in a single 
     route in a defined corridor or subarea; and
       ``(C) that includes features that emulate the services 
     provided by rail fixed guideway public transportation 
     systems, including--
       ``(i) defined stations;
       ``(ii) traffic signal priority for public transportation 
     vehicles;
       ``(iii) short headway bidirectional services for a 
     substantial part of weekdays and weekend days; and
       ``(iv) any other features the Secretary may determine are 
     necessary to produce high-quality public transportation 
     services that emulate the services provided by rail fixed 
     guideway public transportation systems.
       ``(5) New fixed guideway capital project.--The term `new 
     fixed guideway capital project' means--
       ``(A) a new fixed guideway project that is a minimum 
     operable segment or extension to an existing fixed guideway 
     system; or
       ``(B) a fixed guideway bus rapid transit project that is a 
     minimum operable segment or an extension to an existing bus 
     rapid transit system.
       ``(6) Program of interrelated projects.--The term `program 
     of interrelated projects' means the simultaneous development 
     of--
       ``(A) 2 or more new fixed guideway capital projects or core 
     capacity improvement projects; or
       ``(B) 1 or more new fixed guideway capital projects and 1 
     or more core capacity improvement projects.
       ``(7) Small start project.--The term `small start project' 
     means a new fixed guideway capital project or corridor-based 
     bus rapid transit project for which--
       ``(A) the Federal assistance provided or to be provided 
     under this section is less than $75,000,000; and
       ``(B) the total estimated net capital cost is less than 
     $250,000,000.
       ``(b) General Authority.--The Secretary may make grants 
     under this section to State and local governmental 
     authorities to assist in financing--
       ``(1) new fixed guideway capital projects or small start 
     projects, including the acquisition of real property, the 
     initial acquisition of rolling stock for the system, the 
     acquisition of rights-of-way, and relocation, for fixed 
     guideway corridor development for projects in the advanced 
     stages of project development or engineering; and
       ``(2) core capacity improvement projects, including the 
     acquisition of real property, the acquisition of rights-of-
     way, double tracking, signalization improvements, 
     electrification, expanding system platforms, acquisition of 
     rolling stock associated with corridor improvements 
     increasing capacity, construction of infill stations, and 
     such other capacity improvement projects as the Secretary 
     determines are appropriate to increase the capacity of an 
     existing fixed guideway system corridor by at least 10 
     percent. Core capacity improvement projects do not include 
     elements to improve general station facilities or parking, or 
     acquisition of rolling stock alone.
       ``(c) Grant Requirements.--
       ``(1) In general.--The Secretary may make a grant under 
     this section for new fixed guideway capital projects, small 
     start projects, or core capacity improvement projects, if the 
     Secretary determines that--
       ``(A) the project is part of an approved transportation 
     plan required under sections 5303 and 5304; and
       ``(B) the applicant has, or will have--
       ``(i) the legal, financial, and technical capacity to carry 
     out the project, including the safety and security aspects of 
     the project;
       ``(ii) satisfactory continuing control over the use of the 
     equipment or facilities; and
       ``(iii) the technical and financial capacity to maintain 
     new and existing equipment and facilities.
       ``(2) Certification.--An applicant that has submitted the 
     certifications required under subparagraphs (A), (B), (C), 
     and (H) of section 5307(c)(1) shall be deemed to have 
     provided sufficient information upon which the Secretary may 
     make the determinations required under this subsection.
       ``(3) Technical capacity.--The Secretary shall use an 
     expedited technical capacity review process for applicants 
     that have recently and successfully completed at least 1 new 
     fixed guideway capital project, or core capacity improvement 
     project, if--
       ``(A) the applicant achieved budget, cost, and ridership 
     outcomes for the project that are consistent with or better 
     than projections; and
       ``(B) the applicant demonstrates that the applicant 
     continues to have the staff expertise and other resources 
     necessary to implement a new project.
       ``(4) Recipient requirements.--A recipient of a grant 
     awarded under this section shall be subject to all terms, 
     conditions, requirements, and provisions that the Secretary 
     determines to be necessary or appropriate for purposes of 
     this section.
       ``(d) New Fixed Guideway Grants.--
       ``(1) Project development phase.--
       ``(A) Entrance into project development phase.--A new fixed 
     guideway capital project shall enter into the project 
     development phase when--
       ``(i) the applicant--

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

       ``(ii) the Secretary--

       ``(I) responds in writing to the applicant within 45 days 
     whether the information provided is sufficient to enter into 
     the project development phase, including, when necessary, a 
     detailed description of any information deemed insufficient; 
     and
       ``(II) provides concurrent notice to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives of whether the new fixed guideway capital 
     project is entering the project development phase.

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

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

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

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

       ``(ii) the Secretary--

       ``(I) responds in writing to the applicant within 45 days 
     whether the information provided is sufficient to enter into 
     the project development phase, including when necessary a 
     detailed description of any information deemed insufficient; 
     and
       ``(II) provides concurrent notice to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives of whether the core capacity improvement 
     project is entering the project development phase.

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

[[Page H4498]]

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

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

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

       ``(iv) is justified based on a comprehensive review of the 
     project's mobility improvements, the project's environmental 
     benefits, congestion relief associated with the project, 
     economic development effects associated with the project, the 
     capacity needs of the corridor, and the project's cost-
     effectiveness as measured by cost per rider; and
       ``(v) is supported by an acceptable degree of local 
     financial commitment (including evidence of stable and 
     dependable financing sources), as required under subsection 
     (f).
       ``(B) Determination that project is justified.--In making a 
     determination under subparagraph (A)(iv), the Secretary shall 
     evaluate, analyze, and consider--
       ``(i) the reliability of the forecasting methods used to 
     estimate costs and utilization made by the recipient and the 
     contractors to the recipient;
       ``(ii) whether the project will increase capacity at least 
     10 percent in a corridor;
       ``(iii) whether the project will improve interconnectivity 
     among existing systems; and
       ``(iv) whether the project will improve environmental 
     outcomes.
       ``(f) Financing Sources.--
       ``(1) Requirements.--In determining whether a project is 
     supported by an acceptable degree of local financial 
     commitment and shows evidence of stable and dependable 
     financing sources for purposes of subsection (d)(2)(A)(v) or 
     (e)(2)(A)(v), the Secretary shall require that--
       ``(A) the proposed project plan provides for the 
     availability of contingency amounts that the Secretary 
     determines to be reasonable to cover unanticipated cost 
     increases or funding shortfalls;
       ``(B) each proposed local source of capital and operating 
     financing is stable, reliable, and available within the 
     proposed project timetable; and
       ``(C) local resources are available to recapitalize, 
     maintain, and operate the overall existing and proposed 
     public transportation system, including essential feeder bus 
     and other services necessary to achieve the projected 
     ridership levels without requiring a reduction in existing 
     public transportation services or level of service to operate 
     the project.
       ``(2) Considerations.--In assessing the stability, 
     reliability, and availability of proposed sources of local 
     financing for purposes of subsection (d)(2)(A)(v) or 
     (e)(2)(A)(v), the Secretary shall consider--
       ``(A) the reliability of the forecasting methods used to 
     estimate costs and revenues made by the recipient and the 
     contractors to the recipient;
       ``(B) existing grant commitments;
       ``(C) the degree to which financing sources are dedicated 
     to the proposed purposes;
       ``(D) any debt obligation that exists, or is proposed by 
     the recipient, for the proposed project or other public 
     transportation purpose;
       ``(E) the extent to which the project has a local financial 
     commitment that exceeds the required non-Government share of 
     the cost of the project; and
       ``(F) private contributions to the project, including cost-
     effective project delivery, management or transfer of project 
     risks, expedited project schedule, financial partnering, and 
     other public-private partnership strategies.
       ``(g) Project Advancement and Ratings.--
       ``(1) Project advancement.--A new fixed guideway capital 
     project or core capacity improvement project proposed to be 
     carried out using a grant under this section may not advance 
     from the project development phase to the engineering phase, 
     or from the engineering phase to the construction phase, 
     unless the Secretary determines that--
       ``(A) the project meets the applicable requirements under 
     this section; and
       ``(B) there is a reasonable likelihood that the project 
     will continue to meet the requirements under this section.
       ``(2) Ratings.--
       ``(A) Overall rating.--In making a determination under 
     paragraph (1), the Secretary shall evaluate and rate a 
     project as a whole on a 5-point scale (high, medium-high, 
     medium, medium-low, or low) based on--
       ``(i) in the case of a new fixed guideway capital project, 
     the project justification criteria under subsection 
     (d)(2)(A)(iii), the policies and land use patterns that 
     support public transportation, and the degree of local 
     financial commitment; and
       ``(ii) in the case of a core capacity improvement project, 
     the capacity needs of the corridor, the project justification 
     criteria under subsection (e)(2)(A)(iv), and the degree of 
     local financial commitment.
       ``(B) Individual ratings for each criterion.--In rating a 
     project under this paragraph, the Secretary shall--
       ``(i) provide, in addition to the overall project rating 
     under subparagraph (A), individual ratings for each of the 
     criteria established under subsection (d)(2)(A)(iii) or 
     (e)(2)(A)(iv), as applicable; and
       ``(ii) give comparable, but not necessarily equal, 
     numerical weight to each of the criteria established under 
     subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, 
     in calculating the overall project rating under clause (i).
       ``(C) Medium rating not required.--The Secretary shall not 
     require that any single project justification criterion meet 
     or exceed a `medium' rating in order to advance the project 
     from one phase to another.
       ``(3) Warrants.--The Secretary shall, to the maximum extent 
     practicable, develop and use special warrants for making a 
     project justification determination under subsection (d)(2) 
     or (e)(2), as applicable, for a project proposed to be funded 
     using a grant under this section, if--
       ``(A) the share of the cost of the project to be provided 
     under this section does not exceed--
       ``(i) $100,000,000; or
       ``(ii) 50 percent of the total cost of the project;
       ``(B) the applicant requests the use of the warrants;
       ``(C) the applicant certifies that its existing public 
     transportation system is in a state of good repair; and
       ``(D) the applicant meets any other requirements that the 
     Secretary considers appropriate to carry out this subsection.
       ``(4) Letters of intent and early systems work 
     agreements.--In order to expedite a project under this 
     subsection, the Secretary shall, to the maximum extent 
     practicable, issue letters of intent and enter into early 
     systems work agreements upon issuance of a record of decision 
     for projects that receive an overall project rating of medium 
     or better.
       ``(5) Policy guidance.--The Secretary shall issue policy 
     guidance regarding the review and evaluation process and 
     criteria--
       ``(A) not later than 180 days after the date of enactment 
     of the Federal Public Transportation Act of 2012; and
       ``(B) each time the Secretary makes significant changes to 
     the process and criteria, but not less frequently than once 
     every 2 years.
       ``(6) Rules.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall issue rules establishing an evaluation 
     and rating process for--
       ``(A) new fixed guideway capital projects that is based on 
     the results of project justification, policies and land use 
     patterns that promote public transportation, and local 
     financial commitment, as required under this subsection; and
       ``(B) core capacity improvement projects that is based on 
     the results of the capacity needs of the corridor, project 
     justification, and local financial commitment.
       ``(7) Applicability.--This subsection shall not apply to a 
     project for which the Secretary issued a letter of intent, 
     entered into a full funding grant agreement, or entered into 
     a project construction agreement before the date of enactment 
     of the Federal Public Transportation Act of 2012.
       ``(h) Small Start Projects.--
       ``(1) In general.--A small start project shall be subject 
     to the requirements of this subsection.
       ``(2) Project development phase.--
       ``(A) Entrance into project development phase.--A new small 
     starts project shall enter into the project development phase 
     when--
       ``(i) the applicant--

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

       ``(ii) the Secretary--

       ``(I) responds in writing to the applicant within 45 days 
     whether the information provided is sufficient to enter into 
     the project development phase, including, when necessary, a 
     detailed description of any information deemed insufficient; 
     and
       ``(II) provides concurrent notice to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives of whether the small starts project is 
     entering the project development phase.

       ``(B) Activities during project development phase.--
     Concurrent with the analysis required to be made under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), each applicant shall develop sufficient information to 
     enable the Secretary to make findings of project 
     justification, policies and land use patterns that promote 
     public transportation, and local financial commitment under 
     this subsection.
       ``(3) Selection criteria.--The Secretary may provide 
     Federal assistance for a small start project under this 
     subsection only if the Secretary determines that the 
     project--
       ``(A) has been adopted as the locally preferred alternative 
     as part of the metropolitan transportation plan required 
     under section 5303;
       ``(B) is based on the results of an analysis of the 
     benefits of the project as set forth in paragraph (4); and
       ``(C) is supported by an acceptable degree of local 
     financial commitment.
       ``(4) Evaluation of benefits and federal investment.--In 
     making a determination for a small start project under 
     paragraph (3)(B), the Secretary shall analyze, evaluate, and 
     consider the following evaluation criteria for the project 
     (as compared to a no-action alternative): mobility 
     improvements, environmental benefits, congestion relief, 
     economic development effects associated with the project, 
     policies and land use patterns that support public 
     transportation and cost-effectiveness as measured by cost per 
     rider.
       ``(5) Evaluation of local financial commitment.--For 
     purposes of paragraph (3)(C), the Secretary shall require 
     that each proposed

[[Page H4499]]

     local source of capital and operating financing is stable, 
     reliable, and available within the proposed project 
     timetable.
       ``(6) Ratings.--In carrying out paragraphs (4) and (5) for 
     a small start project, the Secretary shall evaluate and rate 
     the project on a 5-point scale (high, medium-high, medium, 
     medium-low, or low) based on an evaluation of the benefits of 
     the project as compared to the Federal assistance to be 
     provided and the degree of local financial commitment, as 
     required under this subsection. In rating the projects, the 
     Secretary shall provide, in addition to the overall project 
     rating, individual ratings for each of the criteria 
     established by this subsection and shall give comparable, but 
     not necessarily equal, numerical weight to the benefits that 
     the project will bring to the community in calculating the 
     overall project rating.
       ``(7) Grants and expedited grant agreements.--
       ``(A) In general.--The Secretary, to the maximum extent 
     practicable, shall provide Federal assistance under this 
     subsection in a single grant. If the Secretary cannot provide 
     such a single grant, the Secretary may execute an expedited 
     grant agreement in order to include a commitment on the part 
     of the Secretary to provide funding for the project in future 
     fiscal years.
       ``(B) Terms of expedited grant agreements.--In executing an 
     expedited grant agreement under this subsection, the 
     Secretary may include in the agreement terms similar to those 
     established under subsection (k)(2).
       ``(C) Notice of proposed grants and expedited grant 
     agreements.--At least 10 days before making a grant award or 
     entering into a grant agreement for a project under this 
     subsection, the Secretary shall notify, in writing, the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Appropriations of the Senate of the proposed 
     grant or expedited grant agreement, as well as the 
     evaluations and ratings for the project.
       ``(i) Programs of Interrelated Projects.--
       ``(1) Project development phase.--A federally funded 
     project in a program of interrelated projects shall advance 
     through project development as provided in subsection (d) or 
     (e), as applicable.
       ``(2) Engineering phase.--A federally funded project in a 
     program of interrelated projects may advance into the 
     engineering phase upon completion of activities required 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), as demonstrated by a record of decision 
     with respect to the project, a finding that the project has 
     no significant impact, or a determination that the project is 
     categorically excluded, only if the Secretary determines 
     that--
       ``(A) the project is selected as the locally preferred 
     alternative at the completion of the process required under 
     the National Environmental Policy Act of 1969;
       ``(B) the project is adopted into the metropolitan 
     transportation plan required under section 5303;
       ``(C) the program of interrelated projects involves 
     projects that have a logical connectivity to one another;
       ``(D) the program of interrelated projects, when evaluated 
     as a whole, meets the requirements of subsection (d)(2) or 
     (e)(2), as applicable;
       ``(E) the program of interrelated projects is supported by 
     a program implementation plan demonstrating that construction 
     will begin on each of the projects in the program of 
     interrelated projects within a reasonable time frame; and
       ``(F) the program of interrelated projects is supported by 
     an acceptable degree of local financial commitment, as 
     described in subsection (f).
       ``(3) Project advancement and ratings.--
       ``(A) Project advancement.--A project receiving a grant 
     under this section that is part of a program of interrelated 
     projects may not advance from the project development phase 
     to the engineering phase, or from the engineering phase to 
     the construction phase, unless the Secretary determines that 
     the program of interrelated projects meets the applicable 
     requirements of this section and there is a reasonable 
     likelihood that the program will continue to meet such 
     requirements.
       ``(B) Ratings.--
       ``(i) Overall rating.--In making a determination under 
     subparagraph (A), the Secretary shall evaluate and rate a 
     program of interrelated projects on a 5-point scale (high, 
     medium-high, medium, medium-low, or low) based on the 
     criteria described in paragraph (2).
       ``(ii) Individual rating for each criterion.--In rating a 
     program of interrelated projects, the Secretary shall 
     provide, in addition to the overall program rating, 
     individual ratings for each of the criteria described in 
     paragraph (2) and shall give comparable, but not necessarily 
     equal, numerical weight to each such criterion in calculating 
     the overall program rating.
       ``(iii) Medium rating not required.--The Secretary shall 
     not require that any single criterion described in paragraph 
     (2) meet or exceed a `medium' rating in order to advance the 
     program of interrelated projects from one phase to another.
       ``(4) Annual review.--
       ``(A) Review required.--The Secretary shall annually review 
     the program implementation plan required under paragraph 
     (2)(E) to determine whether the program of interrelated 
     projects is adhering to its schedule.
       ``(B) Extension of time.--If a program of interrelated 
     projects is not adhering to its schedule, the Secretary may, 
     upon the request of the applicant, grant an extension of time 
     if the applicant submits a reasonable plan that includes--
       ``(i) evidence of continued adequate funding; and
       ``(ii) an estimated time frame for completing the program 
     of interrelated projects.
       ``(C) Satisfactory progress required.--If the Secretary 
     determines that a program of interrelated projects is not 
     making satisfactory progress, no Federal funds shall be 
     provided for a project within the program of interrelated 
     projects.
       ``(5) Failure to carry out program of interrelated 
     projects.--
       ``(A) Repayment required.--If an applicant does not carry 
     out the program of interrelated projects within a reasonable 
     time, for reasons within the control of the applicant, the 
     applicant shall repay all Federal funds provided for the 
     program, and any reasonable interest and penalty charges that 
     the Secretary may establish.
       ``(B) Crediting of funds received.--Any funds received by 
     the Government under this paragraph, other than interest and 
     penalty charges, shall be credited to the appropriation 
     account from which the funds were originally derived.
       ``(6) Non-federal funds.--Any non-Federal funds committed 
     to a project in a program of interrelated projects may be 
     used to meet a non-Government share requirement for any other 
     project in the program of interrelated projects, if the 
     Government share of the cost of each project within the 
     program of interrelated projects does not exceed 80 percent.
       ``(7) Priority.--In making grants under this section, the 
     Secretary may give priority to programs of interrelated 
     projects for which the non-Government share of the cost of 
     the projects included in the programs of interrelated 
     projects exceeds the non-Government share required under 
     subsection (l).
       ``(8) Non-government projects.--Including a project not 
     financed by the Government in a program of interrelated 
     projects does not impose Government requirements that would 
     not otherwise apply to the project.
       ``(j) Previously Issued Letter of Intent or Full Funding 
     Grant Agreement.--Subsections (d) and (e) shall not apply to 
     projects for which the Secretary has issued a letter of 
     intent, approved entry into final design, entered into a full 
     funding grant agreement, or entered into a project 
     construction grant agreement before the date of enactment of 
     the Federal Public Transportation Act of 2012.
       ``(k) Letters of Intent, Full Funding Grant Agreements, and 
     Early Systems Work Agreements.--
       ``(1) Letters of intent.--
       ``(A) Amounts intended to be obligated.--The Secretary may 
     issue a letter of intent to an applicant announcing an 
     intention to obligate, for a new fixed guideway capital 
     project or core capacity improvement project, an amount from 
     future available budget authority specified in law that is 
     not more than the amount stipulated as the financial 
     participation of the Secretary in the project. When a letter 
     is issued for a capital project under this section, the 
     amount shall be sufficient to complete at least an operable 
     segment.
       ``(B) Treatment.--The issuance of a letter under 
     subparagraph (A) is deemed not to be an obligation under 
     sections 1108(c), 1501, and 1502(a) of title 31 or an 
     administrative commitment.
       ``(2) Full funding grant agreements.--
       ``(A) In general.--A new fixed guideway capital project or 
     core capacity improvement project shall be carried out 
     through a full funding grant agreement.
       ``(B) Criteria.--The Secretary shall enter into a full 
     funding grant agreement, based on the evaluations and ratings 
     required under subsection (d), (e), or (i), as applicable, 
     with each grantee receiving assistance for a new fixed 
     guideway capital project or core capacity improvement project 
     that has been rated as high, medium-high, or medium, in 
     accordance with subsection (g)(2)(A) or (i)(3)(B), as 
     applicable.
       ``(C) Terms.--A full funding grant agreement shall--
       ``(i) establish the terms of participation by the 
     Government in a new fixed guideway capital project or core 
     capacity improvement project;
       ``(ii) establish the maximum amount of Federal financial 
     assistance for the project;
       ``(iii) include the period of time for completing the 
     project, even if that period extends beyond the period of an 
     authorization; and
       ``(iv) make timely and efficient management of the project 
     easier according to the law of the United States.
       ``(D) Special financial rules.--
       ``(i) In general.--A full funding grant agreement under 
     this paragraph obligates an amount of available budget 
     authority specified in law and may include a commitment, 
     contingent on amounts to be specified in law in advance for 
     commitments under this paragraph, to obligate an additional 
     amount from future available budget authority specified in 
     law.
       ``(ii) Statement of contingent commitment.--The agreement 
     shall state that the contingent commitment is not an 
     obligation of the Government.
       ``(iii) Interest and other financing costs.--Interest and 
     other financing costs of efficiently carrying out a part of 
     the project within a reasonable time are a cost of carrying 
     out the project under a full funding grant agreement, except 
     that eligible costs may not be more than the cost of the most 
     favorable financing terms reasonably available for the 
     project at the time of borrowing. The applicant shall 
     certify, in a way satisfactory to the Secretary, that the 
     applicant has shown reasonable diligence in seeking the most 
     favorable financing terms.
       ``(iv) Completion of operable segment.--The amount 
     stipulated in an agreement under this paragraph for a new 
     fixed guideway capital

[[Page H4500]]

     project shall be sufficient to complete at least an operable 
     segment.
       ``(E) Before and after study.--
       ``(i) In general.--A full funding grant agreement under 
     this paragraph shall require the applicant to conduct a study 
     that--

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

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

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

       ``(aa) collection of data on the current public 
     transportation system regarding public transportation service 
     levels and ridership patterns, including origins and 
     destinations, access modes, trip purposes, and rider 
     characteristics;
       ``(bb) documentation of the predicted scope, service 
     levels, capital costs, operating costs, and ridership of the 
     project;
       ``(cc) collection of data on the public transportation 
     system 2 years after the opening of a new fixed guideway 
     capital project or core capacity improvement project, 
     including analogous information on public transportation 
     service levels and ridership patterns and information on the 
     as-built scope, capital, and financing costs of the project; 
     and
       ``(dd) analysis of the consistency of predicted project 
     characteristics with actual outcomes.
       ``(F) Collection of data on current system.--To be eligible 
     for a full funding grant agreement under this paragraph, 
     recipients shall have collected data on the current system, 
     according to the plan required under subparagraph (E)(ii), 
     before the beginning of construction of the proposed new 
     fixed guideway capital project or core capacity improvement 
     project. Collection of this data shall be included in the 
     full funding grant agreement as an eligible activity.
       ``(3) Early systems work agreements.--
       ``(A) Conditions.--The Secretary may enter into an early 
     systems work agreement with an applicant if a record of 
     decision under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) has been issued on the project and 
     the Secretary finds there is reason to believe--
       ``(i) a full funding grant agreement for the project will 
     be made; and
       ``(ii) the terms of the work agreement will promote 
     ultimate completion of the project more rapidly and at less 
     cost.
       ``(B) Contents.--
       ``(i) In general.--An early systems work agreement under 
     this paragraph obligates budget authority available under 
     this chapter and title 23 and shall provide for reimbursement 
     of preliminary costs of carrying out the project, including 
     land acquisition, timely procurement of system elements for 
     which specifications are decided, and other activities the 
     Secretary decides are appropriate to make efficient, long-
     term project management easier.
       ``(ii) Contingent commitment.--An early systems work 
     agreement may include a commitment, contingent on amounts to 
     be specified in law in advance for commitments under this 
     paragraph, to obligate an additional amount from future 
     available budget authority specified in law.
       ``(iii) Period covered.--An early systems work agreement 
     under this paragraph shall cover the period of time the 
     Secretary considers appropriate. The period may extend beyond 
     the period of current authorization.
       ``(iv) Interest and other financing costs.--Interest and 
     other financing costs of efficiently carrying out the early 
     systems work agreement within a reasonable time are a cost of 
     carrying out the agreement, except that eligible costs may 
     not be more than the cost of the most favorable financing 
     terms reasonably available for the project at the time of 
     borrowing. The applicant shall certify, in a way satisfactory 
     to the Secretary, that the applicant has shown reasonable 
     diligence in seeking the most favorable financing terms.
       ``(v) Failure to carry out project.--If an applicant does 
     not carry out the project for reasons within the control of 
     the applicant, the applicant shall repay all Federal grant 
     funds awarded for the project from all Federal funding 
     sources, for all project activities, facilities, and 
     equipment, plus reasonable interest and penalty charges 
     allowable by law or established by the Secretary in the early 
     systems work agreement.
       ``(vi) Crediting of funds received.--Any funds received by 
     the Government under this paragraph, other than interest and 
     penalty charges, shall be credited to the appropriation 
     account from which the funds were originally derived.
       ``(4) Limitation on amounts.--
       ``(A) In general.--The Secretary may enter into full 
     funding grant agreements under this subsection for new fixed 
     guideway capital projects and core capacity improvement 
     projects that contain contingent commitments to incur 
     obligations in such amounts as the Secretary determines are 
     appropriate.
       ``(B) Appropriation required.--An obligation may be made 
     under this subsection only when amounts are appropriated for 
     the obligation.
       ``(5) Notification to congress.--At least 30 days before 
     issuing a letter of intent, entering into a full funding 
     grant agreement, or entering into an early systems work 
     agreement under this section, the Secretary shall notify, in 
     writing, the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Appropriations of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives 
     of the proposed letter or agreement. The Secretary shall 
     include with the notification a copy of the proposed letter 
     or agreement as well as the evaluations and ratings for the 
     project.
       ``(l) Government Share of Net Capital Project Cost.--
       ``(1) In general.--Based on engineering studies, studies of 
     economic feasibility, and information on the expected use of 
     equipment or facilities, the Secretary shall estimate the net 
     capital project cost. A grant for a fixed guideway project or 
     small start project shall not exceed 80 percent of the net 
     capital project cost. A grant for a core capacity project 
     shall not exceed 80 percent of the net capital project cost 
     of the incremental cost of increasing the capacity in the 
     corridor.
       ``(2) Adjustment for completion under budget.--The 
     Secretary may adjust the final net capital project cost of a 
     new fixed guideway capital project or core capacity 
     improvement project evaluated under subsection (d), (e), or 
     (i) to include the cost of eligible activities not included 
     in the originally defined project if the Secretary determines 
     that the originally defined project has been completed at a 
     cost that is significantly below the original estimate.
       ``(3) Maximum government share.--The Secretary may provide 
     a higher grant percentage than requested by the grant 
     recipient if--
       ``(A) the Secretary determines that the net capital project 
     cost of the project is not more than 10 percent higher than 
     the net capital project cost estimated at the time the 
     project was approved for advancement into the engineering 
     phase; and
       ``(B) the ridership estimated for the project is not less 
     than 90 percent of the ridership estimated for the project at 
     the time the project was approved for advancement into the 
     engineering phase.
       ``(4) Remainder of net capital project cost.--The remainder 
     of the net capital project cost shall be provided from an 
     undistributed cash surplus, a replacement or depreciation 
     cash fund or reserve, or new capital.
       ``(5) Limitation on statutory construction.--Nothing in 
     this section shall be construed as authorizing the Secretary 
     to require a non-Federal financial commitment for a project 
     that is more than 20 percent of the net capital project cost.
       ``(6) Special rule for rolling stock costs.--In addition to 
     amounts allowed pursuant to paragraph (1), a planned 
     extension to a fixed guideway system may include the cost of 
     rolling stock previously purchased if the applicant satisfies 
     the Secretary that only amounts other than amounts provided 
     by the Government were used and that the purchase was made 
     for use on the extension. A refund or reduction of the 
     remainder may be made only if a refund of a proportional 
     amount of the grant of the Government is made at the same 
     time.
       ``(7) Limitation on applicability.--This subsection shall 
     not apply to projects for which the Secretary entered into a 
     full funding grant agreement before the date of enactment of 
     the Federal Public Transportation Act of 2012.
       ``(8) Special rule for fixed guideway bus rapid transit 
     projects.--For up to three fixed-guideway bus rapid transit 
     projects each fiscal year the Secretary shall--
       ``(A) establish a Government share of at least 80 percent; 
     and
       ``(B) not lower the project's rating for degree of local 
     financial commitment for purposes of subsections (d)(2)(A)(v) 
     or (h)(3)(C) as a result of the Government share specified in 
     this paragraph.
       ``(m) Undertaking Projects in Advance.--
       ``(1) In general.--The Secretary may pay the Government 
     share of the net capital project cost to a State or local 
     governmental authority that carries out any part of a project 
     described in this section without the aid of amounts of the 
     Government and according to all applicable procedures and 
     requirements if--
       ``(A) the State or local governmental authority applies for 
     the payment;
       ``(B) the Secretary approves the payment; and
       ``(C) before the State or local governmental authority 
     carries out the part of the project, the Secretary approves 
     the plans and specifications for the part in the same way as 
     other projects under this section.
       ``(2) Financing costs.--
       ``(A) In general.--The cost of carrying out part of a 
     project includes the amount of interest earned and payable on 
     bonds issued by the State or local governmental authority to 
     the extent proceeds of the bonds are expended in carrying out 
     the part.
       ``(B) Limitation on amount of interest.--The amount of 
     interest under this paragraph may not be more than the most 
     favorable interest terms reasonably available for the project 
     at the time of borrowing.
       ``(C) Certification.--The applicant shall certify, in a 
     manner satisfactory to the Secretary, that the applicant has 
     shown reasonable diligence in seeking the most favorable 
     financing terms.
       ``(n) Availability of Amounts.--
       ``(1) In general.--An amount made available or appropriated 
     for a new fixed guideway capital project or core capacity 
     improvement project shall remain available to that project 
     for 5 fiscal years, including the fiscal year in which the 
     amount is made available or appropriated. Any

[[Page H4501]]

     amounts that are unobligated to the project at the end of the 
     5-fiscal-year period may be used by the Secretary for any 
     purpose under this section.
       ``(2) Use of deobligated amounts.--An amount available 
     under this section that is deobligated may be used for any 
     purpose under this section.
       ``(o) Reports on New Fixed Guideway and Core Capacity 
     Improvement Projects.--
       ``(1) Annual report on funding recommendations.--Not later 
     than the first Monday in February of each year, the Secretary 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Appropriations of the Senate and 
     the Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of Representatives a 
     report that includes--
       ``(A) a proposal of allocations of amounts to be available 
     to finance grants for projects under this section among 
     applicants for these amounts;
       ``(B) evaluations and ratings, as required under 
     subsections (d), (e), and (i), for each such project that is 
     in project development, engineering, or has received a full 
     funding grant agreement; and
       ``(C) recommendations of such projects for funding based on 
     the evaluations and ratings and on existing commitments and 
     anticipated funding levels for the next 3 fiscal years based 
     on information currently available to the Secretary.
       ``(2) Reports on before and after studies.--Not later than 
     the first Monday in August of each year, the Secretary shall 
     submit to the committees described in paragraph (1) a report 
     containing a summary of the results of any studies conducted 
     under subsection (k)(2)(E).
       ``(3) Biennial gao review.--The Comptroller General of the 
     United States shall--
       ``(A) conduct a biennial review of--
       ``(i) the processes and procedures for evaluating, rating, 
     and recommending new fixed guideway capital projects and core 
     capacity improvement projects; and
       ``(ii) the Secretary's implementation of such processes and 
     procedures; and
       ``(B) report to Congress on the results of such review by 
     May 31 of each year.''.
       (b) Pilot Program for Expedited Project Delivery.--
       (1) Definitions.--In this subsection the following 
     definitions shall apply:
       (A) Eligible project.--The term ``eligible project'' means 
     a new fixed guideway capital project or a core capacity 
     improvement project, as those terms are defined in section 
     5309 of title 49, United States Code, as amended by this 
     section, that has not entered into a full funding grant 
     agreement with the Federal Transit Administration before the 
     date of enactment of the Federal Public Transportation Act of 
     2012.
       (B) Program.--The term ``program'' means the pilot program 
     for expedited project delivery established under this 
     subsection.
       (C) Recipient.--The term ``recipient'' means a recipient of 
     funding under chapter 53 of title 49, United States Code.
       (D) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) Establishment.--The Secretary shall establish and 
     implement a pilot program to demonstrate whether innovative 
     project development and delivery methods or innovative 
     financing arrangements can expedite project delivery for 
     certain meritorious new fixed guideway capital projects and 
     core capacity improvement projects.
       (3) Limitation on number of projects.--The Secretary shall 
     select 3 eligible projects to participate in the program, of 
     which--
       (A) at least 1 shall be an eligible project requesting more 
     than $100,000,000 in Federal financial assistance under 
     section 5309 of title 49, United States Code; and
       (B) at least 1 shall be an eligible project requesting less 
     than $100,000,000 in Federal financial assistance under 
     section 5309 of title 49, United States Code.
       (4) Government share.--The Government share of the total 
     cost of an eligible project that participates in the program 
     may not exceed 50 percent.
       (5) Eligibility.--A recipient that desires to participate 
     in the program shall submit to the Secretary an application 
     that contains, at a minimum--
       (A) identification of an eligible project;
       (B) a schedule and finance plan for the construction and 
     operation of the eligible project;
       (C) an analysis of the efficiencies of the proposed project 
     development and delivery methods or innovative financing 
     arrangement for the eligible project; and
       (D) a certification that the recipient's existing public 
     transportation system is in a state of good repair.
       (6) Selection criteria.--The Secretary may award a full 
     funding grant agreement under this subsection if the 
     Secretary determines that--
       (A) the recipient has completed planning and the activities 
     required under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.); and
       (B) the recipient has the necessary legal, financial, and 
     technical capacity to carry out the eligible project.
       (7) Before and after study and report.--
       (A) Study required.--A full funding grant agreement under 
     this paragraph shall require a recipient to conduct a study 
     that--
       (i) describes and analyzes the impacts of the eligible 
     project on public transportation services and public 
     transportation ridership;
       (ii) describes and analyzes the consistency of predicted 
     and actual benefits and costs of the innovative project 
     development and delivery methods or innovative financing for 
     the eligible project; and
       (iii) identifies reasons for any differences between 
     predicted and actual outcomes for the eligible project.
       (B) Submission of report.--Not later than 9 months after an 
     eligible project selected to participate in the program 
     begins revenue operations, the recipient shall submit to the 
     Secretary a report on the results of the study under 
     subparagraph (A).

     SEC. 20009. MOBILITY OF SENIORS AND INDIVIDUALS WITH 
                   DISABILITIES.

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

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

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Recipient.--The term `recipient' means a designated 
     recipient or a State that receives a grant under this section 
     directly.
       ``(2) Subrecipient.--The term `subrecipient' means a State 
     or local governmental authority, a private nonprofit 
     organization, or an operator of public transportation that 
     receives a grant under this section indirectly through a 
     recipient.
       ``(b) General Authority.--
       ``(1) Grants.--The Secretary may make grants under this 
     section to recipients for--
       ``(A) public transportation projects planned, designed, and 
     carried out to meet the special needs of seniors and 
     individuals with disabilities when public transportation is 
     insufficient, inappropriate, or unavailable;
       ``(B) public transportation projects that exceed the 
     requirements of the Americans with Disabilities Act of 1990 
     (42 U.S.C. 12101 et seq.);
       ``(C) public transportation projects that improve access to 
     fixed route service and decrease reliance by individuals with 
     disabilities on complementary paratransit; and
       ``(D) alternatives to public transportation that assist 
     seniors and individuals with disabilities with 
     transportation.
       ``(2) Limitations for capital projects.--
       ``(A) Amount available.--The amount available for capital 
     projects under paragraph (1)(A) shall be not less than 55 
     percent of the funds apportioned to the recipient under this 
     section.
       ``(B) Allocation to subrecipients.--A recipient of a grant 
     under paragraph (1)(A) may allocate the amounts provided 
     under the grant to--
       ``(i) a private nonprofit organization; or
       ``(ii) a State or local governmental authority that--

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

       ``(3) Administrative expenses.--A recipient may use not 
     more than 10 percent of the amounts apportioned to the 
     recipient under this section to administer, plan, and provide 
     technical assistance for a project funded under this section.
       ``(4) Eligible capital expenses.--The acquisition of public 
     transportation services is an eligible capital expense under 
     this section.
       ``(5) Coordination.--
       ``(A) Department of transportation.--To the maximum extent 
     feasible, the Secretary shall coordinate activities under 
     this section with related activities under other Federal 
     departments and agencies.
       ``(B) Other federal agencies and nonprofit organizations.--
     A State or local governmental authority or nonprofit 
     organization that receives assistance from Government sources 
     (other than the Department of Transportation) for 
     nonemergency transportation services shall--
       ``(i) participate and coordinate with recipients of 
     assistance under this chapter in the design and delivery of 
     transportation services; and
       ``(ii) participate in the planning for the transportation 
     services described in clause (i).
       ``(6) Program of projects.--
       ``(A) In general.--Amounts made available to carry out this 
     section may be used for transportation projects to assist in 
     providing transportation services for seniors and individuals 
     with disabilities, if such transportation projects are 
     included in a program of projects.
       ``(B) Submission.--A recipient shall annually submit a 
     program of projects to the Secretary.
       ``(C) Assurance.--The program of projects submitted under 
     subparagraph (B) shall contain an assurance that the program 
     provides for the maximum feasible coordination of 
     transportation services assisted under this section with 
     transportation services assisted by other Government sources.
       ``(7) Meal delivery for homebound individuals.--A public 
     transportation service provider that receives assistance 
     under this section or section 5311(c) may coordinate and 
     assist in regularly providing meal delivery service for 
     homebound individuals, if the delivery service does not 
     conflict with providing public transportation service or 
     reduce service to public transportation passengers.
       ``(c) Apportionment and Transfers.--
       ``(1) Formula.--The Secretary shall apportion amounts made 
     available to carry out this section as follows:
       ``(A) Large urbanized areas.--Sixty percent of the funds 
     shall be apportioned among designated recipients for 
     urbanized areas with a population of 200,000 or more 
     individuals, as determined by the Bureau of the Census, in 
     the ratio that--
       ``(i) the number of seniors and individuals with 
     disabilities in each such urbanized area; bears to
       ``(ii) the number of seniors and individuals with 
     disabilities in all such urbanized areas.
       ``(B) Small urbanized areas.--Twenty percent of the funds 
     shall be apportioned among the States in the ratio that--

[[Page H4502]]

       ``(i) the number of seniors and individuals with 
     disabilities in urbanized areas with a population of fewer 
     than 200,000 individuals, as determined by the Bureau of the 
     Census, in each State; bears to
       ``(ii) the number of seniors and individuals with 
     disabilities in urbanized areas with a population of fewer 
     than 200,000 individuals, as determined by the Bureau of the 
     Census, in all States.
       ``(C) Rural areas.--Twenty percent of the funds shall be 
     apportioned among the States in the ratio that--
       ``(i) the number of seniors and individuals with 
     disabilities in rural areas in each State; bears to
       ``(ii) the number of seniors and individuals with 
     disabilities in rural areas in all States.
       ``(2) Areas served by projects.--
       ``(A) In general.--Except as provided in subparagraph (B)--
       ``(i) funds apportioned under paragraph (1)(A) shall be 
     used for projects serving urbanized areas with a population 
     of 200,000 or more individuals, as determined by the Bureau 
     of the Census;
       ``(ii) funds apportioned under paragraph (1)(B) shall be 
     used for projects serving urbanized areas with a population 
     of fewer than 200,000 individuals, as determined by the 
     Bureau of the Census; and
       ``(iii) funds apportioned under paragraph (1)(C) shall be 
     used for projects serving rural areas.
       ``(B) Exceptions.--A State may use funds apportioned to the 
     State under subparagraph (B) or (C) of paragraph (1)--
       ``(i) for a project serving an area other than an area 
     specified in subparagraph (A)(ii) or (A)(iii), as the case 
     may be, if the Governor of the State certifies that all of 
     the objectives of this section are being met in the area 
     specified in subparagraph (A)(ii) or (A)(iii); or
       ``(ii) for a project anywhere in the State, if the State 
     has established a statewide program for meeting the 
     objectives of this section.
       ``(C) Limited to eligible projects.--Any funds transferred 
     pursuant to subparagraph (B) shall be made available only for 
     eligible projects selected under this section.
       ``(D) Consultation.--A recipient may transfer an amount 
     under subparagraph (B) only after consulting with responsible 
     local officials, publicly owned operators of public 
     transportation, and nonprofit providers in the area for which 
     the amount was originally apportioned.
       ``(d) Government Share of Costs.--
       ``(1) Capital projects.--A grant for a capital project 
     under this section shall be in an amount equal to 80 percent 
     of the net capital costs of the project, as determined by the 
     Secretary.
       ``(2) Operating assistance.--A grant made under this 
     section for operating assistance may not exceed an amount 
     equal to 50 percent of the net operating costs of the 
     project, as determined by the Secretary.
       ``(3) Remainder of net costs.--The remainder of the net 
     costs of a project carried out under this section--
       ``(A) may be provided from an undistributed cash surplus, a 
     replacement or depreciation cash fund or reserve, a service 
     agreement with a State or local social service agency or a 
     private social service organization, or new capital; and
       ``(B) may be derived from amounts appropriated or otherwise 
     made available--
       ``(i) to a department or agency of the Government (other 
     than the Department of Transportation) that are eligible to 
     be expended for transportation; or
       ``(ii) to carry out the Federal lands highways program 
     under section 204 of title 23.
       ``(4) Use of certain funds.--For purposes of paragraph 
     (3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of 
     the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the 
     use of grant funds for matching requirements shall not apply 
     to Federal or State funds to be used for transportation 
     purposes.
       ``(e) Grant Requirements.--
       ``(1) In general.--A grant under this section shall be 
     subject to the same requirements as a grant under section 
     5307, to the extent the Secretary determines appropriate.
       ``(2) Certification requirements.--
       ``(A) Project selection and plan development.--Before 
     receiving a grant under this section, each recipient shall 
     certify that--
       ``(i) the projects selected by the recipient are included 
     in a locally developed, coordinated public transit-human 
     services transportation plan;
       ``(ii) the plan described in clause (i) was developed and 
     approved through a process that included participation by 
     seniors, individuals with disabilities, representatives of 
     public, private, and nonprofit transportation and human 
     services providers, and other members of the public; and
       ``(iii) to the maximum extent feasible, the services funded 
     under this section will be coordinated with transportation 
     services assisted by other Federal departments and agencies, 
     including any transportation activities carried out by a 
     recipient of a grant from the Department of Health and Human 
     Services.
       ``(B) Allocations to subrecipients.--If a recipient 
     allocates funds received under this section to subrecipients, 
     the recipient shall certify that the funds are allocated on a 
     fair and equitable basis.
       ``(f) Competitive Process for Grants to Subrecipients.--
       ``(1) Areawide solicitations.--A recipient of funds 
     apportioned under subsection (c)(1)(A) may conduct, in 
     cooperation with the appropriate metropolitan planning 
     organization, an areawide solicitation for applications for 
     grants under this section.
       ``(2) Statewide solicitations.--A recipient of funds 
     apportioned under subparagraph (B) or (C) of subsection 
     (c)(1) may conduct a statewide solicitation for applications 
     for grants under this section.
       ``(3) Application.--If the recipient elects to engage in a 
     competitive process, a recipient or subrecipient seeking to 
     receive a grant from funds apportioned under subsection (c) 
     shall submit to the recipient making the election an 
     application in such form and in accordance with such 
     requirements as the recipient making the election shall 
     establish.
       ``(g) Transfers of Facilities and Equipment.--A recipient 
     may transfer a facility or equipment acquired using a grant 
     under this section to any other recipient eligible to receive 
     assistance under this chapter, if--
       ``(1) the recipient in possession of the facility or 
     equipment consents to the transfer; and
       ``(2) the facility or equipment will continue to be used as 
     required under this section.
       ``(h) Performance Measures.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall submit a report to the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives making recommendations on the 
     establishment of performance measures for grants under this 
     section. Such report shall be developed in consultation with 
     national nonprofit organizations that provide technical 
     assistance and advocacy on issues related to transportation 
     services for seniors and individuals with disabilities.
       ``(2) Measures.--The performance measures to be considered 
     in the report under paragraph (1) shall require the 
     collection of quantitative and qualitative information, as 
     available, concerning--
       ``(A) modifications to the geographic coverage of 
     transportation service, the quality of transportation 
     service, or service times that increase the availability of 
     transportation services for seniors and individuals with 
     disabilities;
       ``(B) ridership;
       ``(C) accessibility improvements; and
       ``(D) other measures, as the Secretary determines is 
     appropriate.''.

     SEC. 20010. FORMULA GRANTS FOR RURAL AREAS.

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

     ``Sec. 5311. Formula grants for rural areas

       ``(a) Definitions.--As used in this section, the following 
     definitions shall apply:
       ``(1) Recipient.--The term `recipient' means a State or 
     Indian tribe that receives a Federal transit program grant 
     directly from the Government.
       ``(2) Subrecipient.--The term `subrecipient' means a State 
     or local governmental authority, a nonprofit organization, or 
     an operator of public transportation or intercity bus service 
     that receives Federal transit program grant funds indirectly 
     through a recipient.
       ``(b) General Authority.--
       ``(1) Grants authorized.--Except as provided by paragraph 
     (2), the Secretary may award grants under this section to 
     recipients located in rural areas for--
       ``(A) planning, provided that a grant under this section 
     for planning activities shall be in addition to funding 
     awarded to a State under section 5305 for planning activities 
     that are directed specifically at the needs of rural areas in 
     the State;
       ``(B) public transportation capital projects;
       ``(C) operating costs of equipment and facilities for use 
     in public transportation;
       ``(D) job access and reverse commute projects; and
       ``(E) the acquisition of public transportation services, 
     including service agreements with private providers of public 
     transportation service.
       ``(2) State program.--
       ``(A) In general.--A project eligible for a grant under 
     this section shall be included in a State program for public 
     transportation service projects, including agreements with 
     private providers of public transportation service.
       ``(B) Submission to secretary.--Each State shall submit to 
     the Secretary annually the program described in subparagraph 
     (A).
       ``(C) Approval.--The Secretary may not approve the program 
     unless the Secretary determines that--
       ``(i) the program provides a fair distribution of amounts 
     in the State, including Indian reservations; and
       ``(ii) the program provides the maximum feasible 
     coordination of public transportation service assisted under 
     this section with transportation service assisted by other 
     Federal sources.
       ``(3) Rural transportation assistance program.--
       ``(A) In general.--The Secretary shall carry out a rural 
     transportation assistance program in rural areas.
       ``(B) Grants and contracts.--In carrying out this 
     paragraph, the Secretary may use not more than 2 percent of 
     the amount made available under section 5338(a)(2)(E) to make 
     grants and contracts for transportation research, technical 
     assistance, training, and related support services in rural 
     areas.
       ``(C) Projects of a national scope.--Not more than 15 
     percent of the amounts available under subparagraph (B) may 
     be used by the Secretary to carry out competitively selected 
     projects of a national scope, with the remaining balance 
     provided to the States.
       ``(4) Data collection.--Each recipient under this section 
     shall submit an annual report to the Secretary containing 
     information on capital investment, operations, and service 
     provided with funds received under this section, including--
       ``(A) total annual revenue;
       ``(B) sources of revenue;
       ``(C) total annual operating costs;
       ``(D) total annual capital costs;
       ``(E) fleet size and type, and related facilities;
       ``(F) vehicle revenue miles; and
       ``(G) ridership.

[[Page H4503]]

       ``(c) Apportionments.--
       ``(1) Public transportation on indian reservations.--Of the 
     amounts made available or appropriated for each fiscal year 
     pursuant to section 5338(a)(2)(E) to carry out this 
     paragraph, the following amounts shall be apportioned each 
     fiscal year for grants to Indian tribes for any purpose 
     eligible under this section, under such terms and conditions 
     as may be established by the Secretary:
       ``(A) $5,000,000 shall be distributed on a competitive 
     basis by the Secretary.
       ``(B) $25,000,000 shall be apportioned as formula grants, 
     as provided in subsection (j).
       ``(2) Appalachian development public transportation 
     assistance program.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the term `Appalachian region' has the same meaning as 
     in section 14102 of title 40; and
       ``(ii) the term `eligible recipient' means a State that 
     participates in a program established under subtitle IV of 
     title 40.
       ``(B) In general.--The Secretary shall carry out a public 
     transportation assistance program in the Appalachian region.
       ``(C) Apportionment.--Of amounts made available or 
     appropriated for each fiscal year under section 5338(a)(2)(E) 
     to carry out this paragraph, the Secretary shall apportion 
     funds to eligible recipients for any purpose eligible under 
     this section, based on the guidelines established under 
     section 9.5(b) of the Appalachian Regional Commission Code.
       ``(D) Special rule.--An eligible recipient may use amounts 
     that cannot be used for operating expenses under this 
     paragraph for a highway project if--
       ``(i) that use is approved, in writing, by the eligible 
     recipient after appropriate notice and an opportunity for 
     comment and appeal are provided to affected public 
     transportation providers; and
       ``(ii) the eligible recipient, in approving the use of 
     amounts under this subparagraph, determines that the local 
     transit needs are being addressed.
       ``(3) Remaining amounts.--
       ``(A) In general.--The amounts made available or 
     appropriated for each fiscal year pursuant to section 
     5338(a)(2)(E) that are not apportioned under paragraph (1) or 
     (2) shall be apportioned in accordance with this paragraph.
       ``(B) Apportionment based on land area and population in 
     nonurbanized areas.--
       ``(i) In general.--83.15 percent of the amount described in 
     subparagraph (A) shall be apportioned to the States in 
     accordance with this subparagraph.
       ``(ii) Land area.--

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

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

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

       ``(d) Use for Local Transportation Service.--A State may 
     use an amount apportioned under this section for a project 
     included in a program under subsection (b) of this section 
     and eligible for assistance under this chapter if the project 
     will provide local transportation service, as defined by the 
     Secretary of Transportation, in a rural area.
       ``(e) Use for Administration, Planning, and Technical 
     Assistance.--The Secretary may allow a State to use not more 
     than 10 percent of the amount apportioned under this section 
     to administer this section and provide technical assistance 
     to a subrecipient, including project planning, program and 
     management development, coordination of public transportation 
     programs, and research the State considers appropriate to 
     promote effective delivery of public transportation to a 
     rural area.
       ``(f) Intercity Bus Transportation.--
       ``(1) In general.--A State shall expend at least 15 percent 
     of the amount made available in each fiscal year to carry out 
     a program to develop and support intercity bus 
     transportation. Eligible activities under the program 
     include--
       ``(A) planning and marketing for intercity bus 
     transportation;
       ``(B) capital grants for intercity bus facilities;
       ``(C) joint-use facilities;
       ``(D) operating grants through purchase-of-service 
     agreements, user-side subsidies, and demonstration projects; 
     and
       ``(E) coordinating rural connections between small public 
     transportation operations and intercity bus carriers.
       ``(2) Certification.--A State does not have to comply with 
     paragraph (1) of this subsection in a fiscal year in which 
     the Governor of the State certifies to the Secretary, after 
     consultation with affected intercity bus service providers, 
     that the intercity bus service needs of the State are being 
     met adequately.
       ``(g) Government Share of Costs.--
       ``(1) Capital projects.--
       ``(A) In general.--Except as provided by subparagraph (B), 
     a grant awarded under this section for a capital project or 
     project administrative expenses shall be for 80 percent of 
     the net costs of the project, as determined by the Secretary.
       ``(B) Exception.--A State described in section 120(b) of 
     title 23 shall receive a Government share of the net costs in 
     accordance with the formula under that section.
       ``(2) Operating assistance.--
       ``(A) In general.--Except as provided by subparagraph (B), 
     a grant made under this section for operating assistance may 
     not exceed 50 percent of the net operating costs of the 
     project, as determined by the Secretary.
       ``(B) Exception.--A State described in section 120(b) of 
     title 23 shall receive a Government share of the net 
     operating costs equal to 62.5 percent of the Government share 
     provided for under paragraph (1)(B).
       ``(3) Remainder.--The remainder of net project costs--
       ``(A) may be provided from an undistributed cash surplus, a 
     replacement or depreciation cash fund or reserve, a service 
     agreement with a State or local social service agency or a 
     private social service organization, or new capital;
       ``(B) may be derived from amounts appropriated or otherwise 
     made available to a department or agency of the Government 
     (other than the Department of Transportation) that are 
     eligible to be expended for transportation;
       ``(C) notwithstanding subparagraph (B), may be derived from 
     amounts made available to carry out the Federal lands highway 
     program established by section 204 of title 23; and
       ``(D) in the case of an intercity bus project that includes 
     both feeder service and an unsubsidized segment of intercity 
     bus service to which the feeder service connects, may be 
     derived from the costs of a private operator for the 
     unsubsidized segment of intercity bus service as an in-kind 
     match for the operating costs of connecting rural intercity 
     bus feeder service funded under subsection (f), if the 
     private operator agrees in writing to the use of the costs of 
     the private operator for the unsubsidized segment of 
     intercity bus service as an in-kind match.
       ``(4) Use of certain funds.--For purposes of paragraph 
     (3)(B), the prohibitions on the use of funds for matching 
     requirements under section 403(a)(5)(C)(vii) of the Social 
     Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
     Federal or State funds to be used for transportation 
     purposes.
       ``(5) Limitation on operating assistance.--A State carrying 
     out a program of operating assistance under this section may 
     not limit the level or extent of use of the Government grant 
     for the payment of operating expenses.
       ``(h) Transfer of Facilities and Equipment.--With the 
     consent of the recipient currently having a facility or 
     equipment acquired with assistance under this section, a 
     State may transfer the facility or equipment to any recipient 
     eligible to receive assistance under this chapter if the 
     facility or equipment will continue to be used as required 
     under this section.
       ``(i) Relationship to Other Laws.--
       ``(1) In general.--Section 5333(b) applies to this section 
     if the Secretary of Labor utilizes a special warranty that 
     provides a fair and equitable arrangement to protect the 
     interests of employees.
       ``(2) Rule of construction.--This subsection does not 
     affect or discharge a responsibility of the Secretary of 
     Transportation under a law of the United States.
       ``(j) Formula Grants for Public Transportation on Indian 
     Reservations.--
       ``(1) Apportionment.--
       ``(A) In general.--Of the amounts described in subsection 
     (c)(1)(B)--
       ``(i) 50 percent of the total amount shall be apportioned 
     so that each Indian tribe providing public transportation 
     service shall receive an amount equal to the total amount 
     apportioned under this clause multiplied by the ratio of the 
     number of vehicle revenue miles provided by an Indian tribe 
     divided by the total number of vehicle revenue miles provided 
     by all Indian tribes, as reported to the Secretary;
       ``(ii) 25 percent of the total amount shall be apportioned 
     equally among each Indian tribe providing at least 200,000 
     vehicle revenue miles of public transportation service 
     annually, as reported to the Secretary; and
       ``(iii) 25 percent of the total amount shall be apportioned 
     among each Indian tribe providing public transportation on 
     tribal lands (as defined by the Bureau of the Census) on 
     which more than 1,000 low-income individuals reside (as 
     determined by the Bureau of the Census) so that each Indian 
     tribe shall receive an amount equal to the total amount 
     apportioned under this

[[Page H4504]]

     clause multiplied by the ratio of the number of low-income 
     individuals residing on an Indian tribe's lands divided by 
     the total number of low-income individuals on tribal lands on 
     which more than 1,000 low-income individuals reside.
       ``(B) Limitation.--No recipient shall receive more than 
     $300,000 of the amounts apportioned under subparagraph 
     (A)(iii) in a fiscal year.
       ``(C) Remaining amounts.--Of the amounts made available 
     under subparagraph (A)(iii), any amounts not apportioned 
     under that subparagraph shall be allocated among Indian 
     tribes receiving less than $300,000 in a fiscal year 
     according to the formula specified in that clause.
       ``(D) Low-income individuals.--For purposes of subparagraph 
     (A)(iii), the term `low-income individual' means an 
     individual whose family income is at or below 100 percent of 
     the poverty line, as that term is defined in section 673(2) 
     of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)), including any revision required by that section, 
     for a family of the size involved.
       ``(2) Non-tribal service providers.--A recipient that is an 
     Indian tribe may use funds apportioned under this subsection 
     to finance public transportation services provided by a non-
     tribal provider of public transportation that connects 
     residents of tribal lands with surrounding communities, 
     improves access to employment or healthcare, or otherwise 
     addresses the mobility needs of tribal members.''.

     SEC. 20011. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND 
                   DEPLOYMENT PROJECTS.

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

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

       ``(a) Research, Development, Demonstration, and Deployment 
     Projects.--
       ``(1) In general.--The Secretary may make grants and enter 
     into contracts, cooperative agreements, and other agreements 
     for research, development, demonstration, and deployment 
     projects, and evaluation of research and technology of 
     national significance to public transportation, that the 
     Secretary determines will improve public transportation.
       ``(2) Agreements.--In order to carry out paragraph (1), the 
     Secretary may make grants to and enter into contracts, 
     cooperative agreements, and other agreements with--
       ``(A) departments, agencies, and instrumentalities of the 
     Government, including Federal laboratories;
       ``(B) State and local governmental entities;
       ``(C) providers of public transportation;
       ``(D) private or non-profit organizations;
       ``(E) institutions of higher education; and
       ``(F) technical and community colleges.
       ``(3) Application.--
       ``(A) In general.--To receive a grant, contract, 
     cooperative agreement, or other agreement under this section, 
     an entity described in paragraph (2) shall submit an 
     application to the Secretary.
       ``(B) Form and contents.--An application under subparagraph 
     (A) shall be in such form and contain such information as the 
     Secretary may require, including--
       ``(i) a statement of purpose detailing the need being 
     addressed;
       ``(ii) the short- and long-term goals of the project, 
     including opportunities for future innovation and 
     development, the potential for deployment, and benefits to 
     riders and public transportation; and
       ``(iii) the short- and long-term funding requirements to 
     complete the project and any future objectives of the 
     project.
       ``(b) Research.--
       ``(1) In general.--The Secretary may make a grant to or 
     enter into a contract, cooperative agreement, or other 
     agreement under this section with an entity described in 
     subsection (a)(2) to carry out a public transportation 
     research project that has as its ultimate goal the 
     development and deployment of new and innovative ideas, 
     practices, and approaches.
       ``(2) Project eligibility.--A public transportation 
     research project that receives assistance under paragraph (1) 
     shall focus on--
       ``(A) providing more effective and efficient public 
     transportation service, including services to--
       ``(i) seniors;
       ``(ii) individuals with disabilities; and
       ``(iii) low-income individuals;
       ``(B) mobility management and improvements and travel 
     management systems;
       ``(C) data and communication system advancements;
       ``(D) system capacity, including--
       ``(i) train control;
       ``(ii) capacity improvements; and
       ``(iii) performance management;
       ``(E) capital and operating efficiencies;
       ``(F) planning and forecasting modeling and simulation;
       ``(G) advanced vehicle design;
       ``(H) advancements in vehicle technology;
       ``(I) asset maintenance and repair systems advancement;
       ``(J) construction and project management;
       ``(K) alternative fuels;
       ``(L) the environment and energy efficiency;
       ``(M) safety improvements; or
       ``(N) any other area that the Secretary determines is 
     important to advance the interests of public transportation.
       ``(c) Innovation and Development.--
       ``(1) In general.--The Secretary may make a grant to or 
     enter into a contract, cooperative agreement, or other 
     agreement under this section with an entity described in 
     subsection (a)(2) to carry out a public transportation 
     innovation and development project that seeks to improve 
     public transportation systems nationwide in order to provide 
     more efficient and effective delivery of public 
     transportation services, including through technology and 
     technological capacity improvements.
       ``(2) Project eligibility.--A public transportation 
     innovation and development project that receives assistance 
     under paragraph (1) shall focus on--
       ``(A) the development of public transportation research 
     projects that received assistance under subsection (b) that 
     the Secretary determines were successful;
       ``(B) planning and forecasting modeling and simulation;
       ``(C) capital and operating efficiencies;
       ``(D) advanced vehicle design;
       ``(E) advancements in vehicle technology;
       ``(F) the environment and energy efficiency;
       ``(G) system capacity, including train control and capacity 
     improvements; or
       ``(H) any other area that the Secretary determines is 
     important to advance the interests of public transportation.
       ``(d) Demonstration, Deployment, and Evaluation.--
       ``(1) In general.--The Secretary may, under terms and 
     conditions that the Secretary prescribes, make a grant to or 
     enter into a contract, cooperative agreement, or other 
     agreement with an entity described in paragraph (2) to 
     promote the early deployment and demonstration of innovation 
     in public transportation that has broad applicability.
       ``(2) Participants.--An entity described in this paragraph 
     is--
       ``(A) an entity described in subsection (a)(2); or
       ``(B) a consortium of entities described in subsection 
     (a)(2), including a provider of public transportation, that 
     will share the costs, risks, and rewards of early deployment 
     and demonstration of innovation.
       ``(3) Project eligibility.--A project that receives 
     assistance under paragraph (1) shall seek to build on 
     successful research, innovation, and development efforts to 
     facilitate--
       ``(A) the deployment of research and technology development 
     resulting from private efforts or Federally funded efforts; 
     and
       ``(B) the implementation of research and technology 
     development to advance the interests of public 
     transportation.
       ``(4) Evaluation.--Not later than 2 years after the date on 
     which a project receives assistance under paragraph (1), the 
     Secretary shall conduct a comprehensive evaluation of the 
     success or failure of the projects funded under this 
     subsection and any plan for broad-based implementation of the 
     innovation promoted by successful projects.
       ``(5) Low or no emission vehicle deployment.--
       ``(A) Definitions.--In this paragraph, the following 
     definitions shall apply:
       ``(i) Eligible area.--The term `eligible area' means an 
     area that is--

       ``(I) designated as a nonattainment area for ozone or 
     carbon monoxide under section 107(d) of the Clean Air Act (42 
     U.S.C. 7407(d)); or
       ``(II) a maintenance area, as defined in section 5303, for 
     ozone or carbon monoxide.

       ``(ii) Eligible project.--The term `eligible project' means 
     a project or program of projects in an eligible area for--

       ``(I) acquiring or leasing low or no emission vehicles;
       ``(II) constructing or leasing facilities and related 
     equipment for low or no emission vehicles;
       ``(III) constructing new public transportation facilities 
     to accommodate low or no emission vehicles; or
       ``(IV) rehabilitating or improving existing public 
     transportation facilities to accommodate low or no emission 
     vehicles.

       ``(iii) Direct carbon emissions.--The term `direct carbon 
     emissions' means the quantity of direct greenhouse gas 
     emissions from a vehicle, as determined by the Administrator 
     of the Environmental Protection Agency.
       ``(iv) Low or no emission bus.--The term `low or no 
     emission bus' means a bus that is a low or no emission 
     vehicle.
       ``(v) Low or no emission vehicle.--The term `low or no 
     emission vehicle' means--

       ``(I) 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
       ``(II) a zero emission bus used to provide public 
     transportation.

       ``(vi) Recipient.--The term `recipient' means--

       ``(I) for an eligible area that is an urbanized area with a 
     population of fewer than 200,000 individuals, as determined 
     by the Bureau of the Census, the State in which the eligible 
     area is located; and
       ``(II) for an eligible area not described in subparagraph 
     (A), the designated recipient for the eligible area.

       ``(vii) Zero emission bus.--The term `zero emission bus' 
     means a low or no emission bus that produces no carbon or 
     particulate matter.
       ``(B) Authority.--The Secretary may make grants to 
     recipients to finance eligible projects under this paragraph.
       ``(C) Grant requirements.--
       ``(i) In general.--A grant under this paragraph shall be 
     subject to the requirements of section 5307.
       ``(ii) Government share of costs for certain projects.--
     Section 5323(j) applies to projects carried out under this 
     paragraph, unless the grant recipient requests a lower grant 
     percentage.
       ``(iii) Combination of funding sources.--

       ``(I) Combination permitted.--A project carried out under 
     this paragraph may receive funding under section 5307, or any 
     other provision of law.

[[Page H4505]]

       ``(II) Government share.--Nothing in this clause may be 
     construed to alter the Government share required under this 
     section, section 5307, or any other provision of law.

       ``(D) Minimum amounts.--Of amounts made available by or 
     appropriated under section 5338(b) in each fiscal year to 
     carry out this paragraph--
       ``(i) not less than 65 percent shall be made available to 
     fund eligible projects relating to low or no emission buses; 
     and
       ``(ii) not less than 10 percent shall be made available for 
     eligible projects relating to facilities and related 
     equipment for low or no emission buses.
       ``(E) Competitive process.--The Secretary shall solicit 
     grant applications and make grants for eligible projects on a 
     competitive basis.
       ``(F) Priority consideration.--In making grants under this 
     paragraph, the Secretary shall give priority to projects 
     relating to low or no emission buses that make greater 
     reductions in energy consumption and harmful emissions, 
     including direct carbon emissions, than comparable standard 
     buses or other low or no emission buses.
       ``(G) Availability of funds.--Any amounts made available or 
     appropriated to carry out this paragraph--
       ``(i) shall remain available to an eligible project for 2 
     years after the fiscal year for which the amount is made 
     available or appropriated; and
       ``(ii) that remain unobligated at the end of the period 
     described in clause (i) shall be added to the amount made 
     available to an eligible project in the following fiscal 
     year.
       ``(e) Annual Report on Research.--Not later than the first 
     Monday in February of each year, the Secretary shall submit 
     to the Committee on Banking, Housing, and Urban Affairs and 
     the Committee on Appropriations of the Senate and the 
     Committee on Transportation and Infrastructure, the Committee 
     on Science, Space, and Technology, and the Committee on 
     Appropriations of the House of Representatives a report that 
     includes--
       ``(1) a description of each project that received 
     assistance under this section during the preceding fiscal 
     year;
       ``(2) an evaluation of each project described in paragraph 
     (1), including any evaluation conducted under subsection 
     (d)(4) for the preceding fiscal year; and
       ``(3) a proposal for allocations of amounts for assistance 
     under this section for the subsequent fiscal year.
       ``(f) Government Share of Costs.--
       ``(1) In general.--The Government share of the cost of a 
     project carried out under this section shall not exceed 80 
     percent.
       ``(2) Non-government share.--The non-Government share of 
     the cost of a project carried out under this section may be 
     derived from in-kind contributions.
       ``(3) Financial benefit.--If the Secretary determines that 
     there would be a clear and direct financial benefit to an 
     entity under a grant, contract, cooperative agreement, or 
     other agreement under this section, the Secretary shall 
     establish a Government share of the costs of the project to 
     be carried out under the grant, contract, cooperative 
     agreement, or other agreement that is consistent with the 
     benefit.''.

     SEC. 20012. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.

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

     ``Sec. 5314. Technical assistance and standards development

       ``(a) Technical Assistance and Standards Development.--
       ``(1) In general.--The Secretary may make grants and enter 
     into contracts, cooperative agreements, and other agreements 
     (including agreements with departments, agencies, and 
     instrumentalities of the Government) to carry out activities 
     that the Secretary determines will assist recipients of 
     assistance under this chapter to--
       ``(A) more effectively and efficiently provide public 
     transportation service;
       ``(B) administer funds received under this chapter in 
     compliance with Federal law; and
       ``(C) improve public transportation.
       ``(2) Eligible activities.--The activities carried out 
     under paragraph (1) may include--
       ``(A) technical assistance; and
       ``(B) the development of voluntary and consensus-based 
     standards and best practices by the public transportation 
     industry, including standards and best practices for safety, 
     fare collection, Intelligent Transportation Systems, 
     accessibility, procurement, security, asset management to 
     maintain a state of good repair, operations, maintenance, 
     vehicle propulsion, communications, and vehicle electronics.
       ``(b) Technical Assistance.--The Secretary, through a 
     competitive bid process, may enter into contracts, 
     cooperative agreements, and other agreements with national 
     nonprofit organizations that have the appropriate 
     demonstrated capacity to provide public transportation-
     related technical assistance under this section. The 
     Secretary may enter into such contracts, cooperative 
     agreements, and other agreements to assist providers of 
     public transportation to--
       ``(1) comply with the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12101 et seq.) through technical assistance, 
     demonstration programs, research, public education, and other 
     activities related to complying with such Act;
       ``(2) comply with human services transportation 
     coordination requirements and to enhance the coordination of 
     Federal resources for human services transportation with 
     those of the Department of Transportation through technical 
     assistance, training, and support services related to 
     complying with such requirements;
       ``(3) meet the transportation needs of elderly individuals;
       ``(4) increase transit ridership in coordination with 
     metropolitan planning organizations and other entities 
     through development around public transportation stations 
     through technical assistance and the development of tools, 
     guidance, and analysis related to market-based development 
     around transit stations;
       ``(5) address transportation equity with regard to the 
     effect that transportation planning, investment and 
     operations have for low-income and minority individuals; and
       ``(6) any other technical assistance activity that the 
     Secretary determines is necessary to advance the interests of 
     public transportation.
       ``(c) Annual Report on Technical Assistance.--Not later 
     than the first Monday in February of each year, the Secretary 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Appropriations of the Senate and 
     the Committee on Transportation and Infrastructure, the 
     Committee on Science, Space, and Technology, and the 
     Committee on Appropriations of the House of Representatives a 
     report that includes--
       ``(1) a description of each project that received 
     assistance under this section during the preceding fiscal 
     year;
       ``(2) an evaluation of the activities carried out by each 
     organization that received assistance under this section 
     during the preceding fiscal year; and
       ``(3) a proposal for allocations of amounts for assistance 
     under this section for the subsequent fiscal year.
       ``(d) Government Share of Costs.--
       ``(1) In general.--The Government share of the cost of an 
     activity carried out using a grant under this section may not 
     exceed 80 percent.
       ``(2) Non-government share.--The non-Government share of 
     the cost of an activity carried out using a grant under this 
     section may be derived from in-kind contributions.''.

     SEC. 20013. PRIVATE SECTOR PARTICIPATION.

       (a) In General.--Section 5315 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5315. Private sector participation

       ``(a) General Purposes.--In the interest of fulfilling the 
     general purposes of this chapter under section 5301(b), the 
     Secretary shall--
       ``(1) better coordinate public and private sector-provided 
     public transportation services;
       ``(2) promote more effective utilization of private sector 
     expertise, financing, and operational capacity to deliver 
     costly and complex new fixed guideway capital projects; and
       ``(3) promote transparency and public understanding of 
     public-private partnerships affecting public transportation.
       ``(b) Actions to Promote Better Coordination Between Public 
     and Private Sector Providers of Public Transportation.--The 
     Secretary shall--
       ``(1) provide technical assistance to recipients of Federal 
     transit grant assistance, at the request of a recipient, on 
     practices and methods to best utilize private providers of 
     public transportation; and
       ``(2) educate recipients of Federal transit grant 
     assistance on laws and regulations under this chapter that 
     impact private providers of public transportation.
       ``(c) Actions to Provide Technical Assistance for 
     Alternative Project Delivery Methods.--Upon request by a 
     sponsor of a new fixed guideway capital project, the 
     Secretary shall--
       ``(1) identify best practices for public-private 
     partnerships models in the United States and in other 
     countries;
       ``(2) develop standard public-private partnership 
     transaction model contracts; and
       ``(3) perform financial assessments that include the 
     calculation of public and private benefits of a proposed 
     public-private partnership transaction.''.
       (b) Public-private Partnership Procedures and Approaches.--
       (1) Identify impediments.--The Secretary shall--
       (A) except as provided in paragraph (6), identify any 
     provisions of chapter 53 of title 49, United States Code, and 
     any regulations or practices thereunder, that impede greater 
     use of public-private partnerships and private investment in 
     public transportation capital projects; and
       (B) develop and implement on a project basis procedures and 
     approaches that--
       (i) address such impediments in a manner similar to the 
     Special Experimental Project Number 15 of the Federal Highway 
     Administration (commonly referred to as ``SEP-15''); and
       (ii) protect the public interest and any public investment 
     in public transportation capital projects that involve 
     public-private partnerships or private investment in public 
     transportation capital projects.
       (2) Transparency.--The Secretary shall develop guidance to 
     promote greater transparency and public access to public-
     private partnership agreements involving recipients of 
     Federal assistance under chapter 53 of title 49, United 
     States Code, including--
       (A) any conflict of interest involving any party involved 
     in the public-private partnership;
       (B) tax and financing aspects related to a public-private 
     partnership agreement;
       (C) changes in the workforce and wages, benefits, or rules 
     as a result of a public-private partnership;
       (D) estimates of the revenue or savings the public-private 
     partnership will produce for the private entity and public 
     entity;
       (E) any impacts on other developments and transportation 
     modes as a result of non-compete clauses contained in public-
     private partnership agreements; and
       (F) any other issues the Secretary believes will increase 
     transparency of public-private partnership agreements and 
     protect the public interest.

[[Page H4506]]

       (3) Assessment.--In developing and implementing the 
     guidance under paragraph (2), the Secretary shall encourage 
     project sponsors to conduct assessments to determine whether 
     use of a public-private partnership represents a better 
     public and financial benefit than a similar transaction using 
     public funding or public project delivery.
       (4) Report.--Not later than 4 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the status of the procedures, approaches, and 
     guidance developed and implemented under paragraphs (1) and 
     (2).
       (5) Rulemaking.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall issue rules to 
     carry out the procedures and approaches developed under 
     paragraph (1).
       (6) Rule of construction.--Nothing in this subsection may 
     be construed to allow the Secretary to waive any requirement 
     under--
       (A) section 5333 of title 49, United States Code;
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); or
       (C) any other provision of Federal law.
       (c) Contracting Out Study.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a comprehensive report on the effect of contracting 
     out public transportation operations and administrative 
     functions on cost, availability and level of service, 
     efficiency, and quality of service.
       (2) Considerations.--In developing the report, the 
     Comptroller General shall consider--
       (A) the number of grant recipients that have contracted out 
     services and the types of public transportation services that 
     are performed under contract, including paratransit service, 
     fixed route bus service, commuter rail operations, and 
     administrative functions;
       (B) the size of the populations served by such grant 
     recipients;
       (C) the basis for decisions regarding contracting out such 
     services;
       (D) comparative costs of providing service under contract 
     to providing the same service through public transit agency 
     employees, using to the greatest extent possible a standard 
     cost allocation model;
       (E) the extent of unionization among privately contracted 
     employees;
       (F) the impact to wages and benefits of employees when 
     publicly provided public transportation services are 
     contracted out to a private for-profit entity;
       (G) the level of transparency and public access to 
     agreements and contracts related to contracted out public 
     transportation services;
       (H) the extent of Federal law, regulations and guidance 
     prohibiting any conflicts of interest for contractor 
     employees and businesses;
       (I) the extent to which grant recipients evaluate 
     contracted out services before selecting them and the extent 
     to which grant recipients conduct oversight of those 
     services; and
       (J) barriers to contracting out public transportation 
     operations and administrative functions.
       (d) Guidance on Documenting Compliance.--Not later than 1 
     year after the date of enactment of this Act, the Secretary 
     shall publish in the Federal Register policy guidance 
     regarding how to best document compliance by recipients of 
     Federal assistance under chapter 53 of title 49, United 
     States Code, with the requirements regarding private 
     enterprise participation in public transportation planning 
     and transportation improvement programs under sections 
     5303(i)(6), 5306(a), and 5307(c) of such title 49.

     SEC. 20014. BUS TESTING FACILITIES.

       Section 5318 of title 49, United States Code, is amended by 
     striking subsection (e) and inserting the following:
       ``(e) Acquiring New Bus Models.--
       ``(1) In general.--Amounts appropriated or otherwise made 
     available under this chapter may be obligated or expended to 
     acquire a new bus model only if--
       ``(A) a bus of that model has been tested at a facility 
     authorized under subsection (a); and
       ``(B) the bus tested under subparagraph (A) met--
       ``(i) performance standards for maintainability, 
     reliability, performance (including braking performance), 
     structural integrity, fuel economy, emissions, and noise, as 
     established by the Secretary by rule; and
       ``(ii) the minimum safety performance standards established 
     by the Secretary pursuant to section 5329(b).
       ``(2) Bus test `pass/fail' standard.--Not later than 2 
     years after the date of enactment of the Federal Public 
     Transportation Act of 2012, the Secretary shall issue a final 
     rule under subparagraph (B)(i). The final rule issued under 
     paragraph (B)(i) shall include a bus model scoring system 
     that results in a weighted, aggregate score that uses the 
     testing categories under subsection (a) and considers the 
     relative importance of each such testing category. The final 
     rule issued under subparagraph (B)(i) shall establish a 
     `pass/fail' standard that uses the aggregate score described 
     in the preceding sentence. Amounts appropriated or otherwise 
     made available under this chapter may be obligated or 
     expended to acquire a new bus model only if the new bus model 
     has received a passing aggregate test score. The Secretary 
     shall work with the bus testing facility, bus manufacturers, 
     and transit agencies to develop the bus model scoring system 
     under this paragraph. A passing aggregate test score under 
     the rule issued under subparagraph (B)(i) indicates only that 
     amounts appropriated or made available under this chapter may 
     be obligated or expended to acquire a new bus model and shall 
     not be interpreted as a warranty or guarantee that the new 
     bus model will meet a purchaser's specific requirements.''.

     SEC. 20015. HUMAN RESOURCES AND TRAINING.

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

     ``Sec. 5322. Human resources and training

       ``(a) In General.--The Secretary may undertake, or make 
     grants and contracts for, programs that address human 
     resource needs as they apply to public transportation 
     activities. A program may include--
       ``(1) an employment training program;
       ``(2) an outreach program to increase minority and female 
     employment in public transportation activities;
       ``(3) research on public transportation personnel and 
     training needs; and
       ``(4) training and assistance for minority business 
     opportunities.
       ``(b) Innovative Public Transportation Workforce 
     Development Program.--
       ``(1) Program established.--The Secretary shall establish a 
     competitive grant program to assist the development of 
     innovative activities eligible for assistance under 
     subsection (a).
       ``(2) Selection of recipients.--To the maximum extent 
     feasible, the Secretary shall select recipients that--
       ``(A) are geographically diverse;
       ``(B) address the workforce and human resources needs of 
     large public transportation providers;
       ``(C) address the workforce and human resources needs of 
     small public transportation providers;
       ``(D) address the workforce and human resources needs of 
     urban public transportation providers;
       ``(E) address the workforce and human resources needs of 
     rural public transportation providers;
       ``(F) advance training related to maintenance of 
     alternative energy, energy efficiency, or zero emission 
     vehicles and facilities used in public transportation;
       ``(G) target areas with high rates of unemployment; and
       ``(H) address current or projected workforce shortages in 
     areas that require technical expertise.
       ``(c) Government's Share of Costs.--The Government share of 
     the cost of a project carried out using a grant under 
     subsection (a) or (b) shall be 50 percent.
       ``(d) National Transit Institute.--
       ``(1) Establishment.--The Secretary shall establish a 
     national transit institute and award grants to a public 4-
     year degree-granting institution of higher education, as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)), in order to carry out the duties of the 
     institute.
       ``(2) Duties.--
       ``(A) In general.--In cooperation with the Federal Transit 
     Administration, State transportation departments, public 
     transportation authorities, and national and international 
     entities, the institute established under paragraph (1) shall 
     develop and conduct training and educational programs for 
     Federal, State, and local transportation employees, United 
     States citizens, and foreign nationals engaged or to be 
     engaged in Government-aid public transportation work.
       ``(B) Training and educational programs.--The training and 
     educational programs developed under subparagraph (A) may 
     include courses in recent developments, techniques, and 
     procedures related to--
       ``(i) intermodal and public transportation planning;
       ``(ii) management;
       ``(iii) environmental factors;
       ``(iv) acquisition and joint use rights-of-way;
       ``(v) engineering and architectural design;
       ``(vi) procurement strategies for public transportation 
     systems;
       ``(vii) turnkey approaches to delivering public 
     transportation systems;
       ``(viii) new technologies;
       ``(ix) emission reduction technologies;
       ``(x) ways to make public transportation accessible to 
     individuals with disabilities;
       ``(xi) construction, construction management, insurance, 
     and risk management;
       ``(xii) maintenance;
       ``(xiii) contract administration;
       ``(xiv) inspection;
       ``(xv) innovative finance;
       ``(xvi) workplace safety; and
       ``(xvii) public transportation security.
       ``(3) Providing education and training.--Education and 
     training of Government, State, and local transportation 
     employees under this subsection shall be provided--
       ``(A) by the Secretary at no cost to the States and local 
     governments for subjects that are a Government program 
     responsibility; or
       ``(B) when the education and training are paid under 
     paragraph (4) of this subsection, by the State, with the 
     approval of the Secretary, through grants and contracts with 
     public and private agencies, other institutions, individuals, 
     and the institute.
       ``(4) Availability of amounts.--Not more than .5 percent of 
     the amounts made available for a fiscal year beginning after 
     September 30, 1991, to a State or public transportation 
     authority in the State to carry out sections 5307 and 5309 of 
     this title is available for expenditure by the State and 
     public transportation authorities in the State, with the 
     approval of the Secretary, to pay not more than 80 percent of 
     the cost of tuition and direct educational expenses related 
     to educating and training State and local transportation 
     employees under this subsection.
       ``(e) Report.--Not later than 2 years after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall submit to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report concerning

[[Page H4507]]

     the measurable outcomes and impacts of the programs funded 
     under subsections (a) and (b).''.

     SEC. 20016. GENERAL PROVISIONS.

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

     ``Sec. 5323. General provisions

       ``(a) Interests in Property.--
       ``(1) In general.--Financial assistance provided under this 
     chapter to a State or a local governmental authority may be 
     used to acquire an interest in, or to buy property of, a 
     private company engaged in public transportation, for a 
     capital project for property acquired from a private company 
     engaged in public transportation after July 9, 1964, or to 
     operate a public transportation facility or equipment in 
     competition with, or in addition to, transportation service 
     provided by an existing public transportation company, only 
     if--
       ``(A) the Secretary determines that such financial 
     assistance is essential to a program of projects required 
     under sections 5303, 5304, and 5306;
       ``(B) the Secretary determines that the program provides 
     for the participation of private companies engaged in public 
     transportation to the maximum extent feasible; and
       ``(C) just compensation under State or local law will be 
     paid to the company for its franchise or property.
       ``(2) Limitation.--A governmental authority may not use 
     financial assistance of the United States Government to 
     acquire land, equipment, or a facility used in public 
     transportation from another governmental authority in the 
     same geographic area.
       ``(b) Relocation and Real Property Requirements.--The 
     Uniform Relocation Assistance and Real Property Acquisition 
     Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to 
     financial assistance for capital projects under this chapter.
       ``(c) Consideration of Economic, Social, and Environmental 
     Interests.--
       ``(1) Cooperation and consultation.--The Secretary shall 
     cooperate and consult with the Secretary of the Interior and 
     the Administrator of the Environmental Protection Agency on 
     each project that may have a substantial impact on the 
     environment.
       ``(2) Compliance with nepa.--The National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to 
     financial assistance for capital projects under this chapter.
       ``(d) Condition on Charter Bus Transportation Service.--
       ``(1) Agreements.--Financial assistance under this chapter 
     may be used to buy or operate a bus only if the applicant, 
     governmental authority, or publicly owned operator that 
     receives the assistance agrees that, except as provided in 
     the agreement, the governmental authority or an operator of 
     public transportation for the governmental authority will not 
     provide charter bus transportation service outside the urban 
     area in which it provides regularly scheduled public 
     transportation service. An agreement shall provide for a fair 
     arrangement the Secretary of Transportation considers 
     appropriate to ensure that the assistance will not enable a 
     governmental authority or an operator for a governmental 
     authority to foreclose a private operator from providing 
     intercity charter bus service if the private operator can 
     provide the service.
       ``(2) Violations.--
       ``(A) Investigations.--On receiving a complaint about a 
     violation of the agreement required under paragraph (1), the 
     Secretary shall investigate and decide whether a violation 
     has occurred.
       ``(B) Enforcement of agreements.--If the Secretary decides 
     that a violation has occurred, the Secretary shall correct 
     the violation under terms of the agreement.
       ``(C) Additional remedies.--In addition to any remedy 
     specified in the agreement, the Secretary shall bar a 
     recipient or an operator from receiving Federal transit 
     assistance in an amount the Secretary considers appropriate 
     if the Secretary finds a pattern of violations of the 
     agreement.
       ``(e) Bond Proceeds Eligible for Local Share.--
       ``(1) Use as local matching funds.--Notwithstanding any 
     other provision of law, a recipient of assistance under 
     section 5307, 5309, or 5337 may use the proceeds from the 
     issuance of revenue bonds as part of the local matching funds 
     for a capital project.
       ``(2) Maintenance of effort.--The Secretary shall approve 
     of the use of the proceeds from the issuance of revenue bonds 
     for the remainder of the net project cost only if the 
     Secretary finds that the aggregate amount of financial 
     support for public transportation in the urbanized area 
     provided by the State and affected local governmental 
     authorities during the next 3 fiscal years, as programmed in 
     the State transportation improvement program under section 
     5304, is not less than the aggregate amount provided by the 
     State and affected local governmental authorities in the 
     urbanized area during the preceding 3 fiscal years.
       ``(3) Debt service reserve.--The Secretary may reimburse an 
     eligible recipient for deposits of bond proceeds in a debt 
     service reserve that the recipient establishes pursuant to 
     section 5302(3)(J) from amounts made available to the 
     recipient under section 5309.
       ``(f) Schoolbus Transportation.--
       ``(1) Agreements.--Financial assistance under this chapter 
     may be used for a capital project, or to operate public 
     transportation equipment or a public transportation facility, 
     only if the applicant agrees not to provide schoolbus 
     transportation that exclusively transports students and 
     school personnel in competition with a private schoolbus 
     operator. This subsection does not apply--
       ``(A) to an applicant that operates a school system in the 
     area to be served and a separate and exclusive schoolbus 
     program for the school system; and
       ``(B) unless a private schoolbus operator can provide 
     adequate transportation that complies with applicable safety 
     standards at reasonable rates.
       ``(2) Violations.--If the Secretary finds that an 
     applicant, governmental authority, or publicly owned operator 
     has violated the agreement required under paragraph (1), the 
     Secretary shall bar a recipient or an operator from receiving 
     Federal transit assistance in an amount the Secretary 
     considers appropriate.
       ``(g) Buying Buses Under Other Laws.--Subsections (d) and 
     (f) of this section apply to financial assistance to buy a 
     bus under sections 133 and 142 of title 23.
       ``(h) Grant and Loan Prohibitions.--A grant or loan may not 
     be used to--
       ``(1) pay ordinary governmental or nonproject operating 
     expenses; or
       ``(2) support a procurement that uses an exclusionary or 
     discriminatory specification.
       ``(i) Government Share of Costs for Certain Projects.--
       ``(1) Acquiring vehicles and vehicle-related equipment or 
     facilities.--
       ``(A) Vehicles.--A grant for a project to be assisted under 
     this chapter that involves acquiring vehicles for purposes of 
     complying with or maintaining compliance with the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or 
     the Clean Air Act is for 85 percent of the net project cost.
       ``(B) Vehicle-related equipment or facilities.--A grant for 
     a project to be assisted under this chapter that involves 
     acquiring vehicle-related equipment or facilities required by 
     the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
     et seq.) or vehicle-related equipment or facilities 
     (including clean fuel or alternative fuel vehicle-related 
     equipment or facilities) for purposes of complying with or 
     maintaining compliance with the Clean Air Act, is for 90 
     percent of the net project cost of such equipment or 
     facilities attributable to compliance with those Acts. The 
     Secretary shall have discretion to determine, through 
     practicable administrative procedures, the costs of such 
     equipment or facilities attributable to compliance with those 
     Acts.
       ``(2) Costs incurred by providers of public transportation 
     by vanpool.--
       ``(A) Local matching share.--The local matching share 
     provided by a recipient of assistance for a capital project 
     under this chapter may include any amounts expended by a 
     provider of public transportation by vanpool for the 
     acquisition of rolling stock to be used by such provider in 
     the recipient's service area, excluding any amounts the 
     provider may have received in Federal, State, or local 
     government assistance for such acquisition.
       ``(B) Use of revenues.--A private provider of public 
     transportation by vanpool may use revenues it receives in the 
     provision of public transportation service in the service 
     area of a recipient of assistance under this chapter that are 
     in excess of the provider's operating costs for the purpose 
     of acquiring rolling stock, if the private provider enters 
     into a legally binding agreement with the recipient that 
     requires the provider to use the rolling stock in the 
     recipient's service area.
       ``(C) Definitions.--In this paragraph, the following 
     definitions apply:
       ``(i) Private provider of public transportation by 
     vanpool.--The term `private provider of public transportation 
     by vanpool' means a private entity providing vanpool services 
     in the service area of a recipient of assistance under this 
     chapter using a commuter highway vehicle or vanpool vehicle.
       ``(ii) Commuter highway vehicle; vanpool vehicle.--The term 
     `commuter highway vehicle or vanpool vehicle' means any 
     vehicle--

       ``(I) the seating capacity of which is at least 6 adults 
     (not including the driver); and
       ``(II) at least 80 percent of the mileage use of which can 
     be reasonably expected to be for the purposes of transporting 
     commuters in connection with travel between their residences 
     and their place of employment.

       ``(j) Buy America.--
       ``(1) In general.--The Secretary may obligate an amount 
     that may be appropriated to carry out this chapter for a 
     project only if the steel, iron, and manufactured goods used 
     in the project are produced in the United States.
       ``(2) Waiver.--The Secretary may waive paragraph (1) of 
     this subsection if the Secretary finds that--
       ``(A) applying paragraph (1) would be inconsistent with the 
     public interest;
       ``(B) the steel, iron, and goods produced in the United 
     States are not produced in a sufficient and reasonably 
     available amount or are not of a satisfactory quality;
       ``(C) when procuring rolling stock (including train 
     control, communication, and traction power equipment) under 
     this chapter--
       ``(i) the cost of components and subcomponents produced in 
     the United States is more than 60 percent of the cost of all 
     components of the rolling stock; and
       ``(ii) final assembly of the rolling stock has occurred in 
     the United States; or
       ``(D) including domestic material will increase the cost of 
     the overall project by more than 25 percent.
       ``(3) Written waiver determination and annual report.--
       ``(A) Written determination.--Before issuing a waiver under 
     paragraph (2), the Secretary shall--
       ``(i) publish in the Federal Register and make publicly 
     available in an easily identifiable location on the website 
     of the Department of Transportation a detailed written 
     explanation of the waiver determination; and
       ``(ii) provide the public with a reasonable period of time 
     for notice and comment.

[[Page H4508]]

       ``(B) Annual report.--Not later than 1 year after the date 
     of enactment of the Federal Public Transportation Act of 
     2012, and annually thereafter, the Secretary shall submit to 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report listing any waiver 
     issued under paragraph (2) during the preceding year.
       ``(4) Labor costs for final assembly.--In this subsection, 
     labor costs involved in final assembly are not included in 
     calculating the cost of components.
       ``(5) Waiver prohibited.--The Secretary may not make a 
     waiver under paragraph (2) of this subsection for goods 
     produced in a foreign country if the Secretary, in 
     consultation with the United States Trade Representative, 
     decides that the government of that foreign country--
       ``(A) has an agreement with the United States Government 
     under which the Secretary has waived the requirement of this 
     subsection; and
       ``(B) has violated the agreement by discriminating against 
     goods to which this subsection applies that are produced in 
     the United States and to which the agreement applies.
       ``(6) Penalty for mislabeling and misrepresentation.--A 
     person is ineligible under subpart 9.4 of the Federal 
     Acquisition Regulation, or any successor thereto, to receive 
     a contract or subcontract made with amounts authorized under 
     the Federal Public Transportation Act of 2012 if a court or 
     department, agency, or instrumentality of the Government 
     decides the person intentionally--
       ``(A) affixed a `Made in America' label, or a label with an 
     inscription having the same meaning, to goods sold in or 
     shipped to the United States that are used in a project to 
     which this subsection applies but not produced in the United 
     States; or
       ``(B) represented that goods described in subparagraph (A) 
     of this paragraph were produced in the United States.
       ``(7) State requirements.--The Secretary may not impose any 
     limitation on assistance provided under this chapter that 
     restricts a State from imposing more stringent requirements 
     than this subsection on the use of articles, materials, and 
     supplies mined, produced, or manufactured in foreign 
     countries in projects carried out with that assistance or 
     restricts a recipient of that assistance from complying with 
     those State-imposed requirements.
       ``(8) Opportunity to correct inadvertent error.--The 
     Secretary may allow a manufacturer or supplier of steel, 
     iron, or manufactured goods to correct after bid opening any 
     certification of noncompliance or failure to properly 
     complete the certification (but not including failure to sign 
     the certification) under this subsection if such manufacturer 
     or supplier attests under penalty of perjury that such 
     manufacturer or supplier submitted an incorrect certification 
     as a result of an inadvertent or clerical error. The burden 
     of establishing inadvertent or clerical error is on the 
     manufacturer or supplier.
       ``(9) Administrative review.--A party adversely affected by 
     an agency action under this subsection shall have the right 
     to seek review under section 702 of title 5.
       ``(k) Participation of Governmental Agencies in Design and 
     Delivery of Transportation Services.--Governmental agencies 
     and nonprofit organizations that receive assistance from 
     Government sources (other than the Department of 
     Transportation) for nonemergency transportation services 
     shall--
       ``(1) participate and coordinate with recipients of 
     assistance under this chapter in the design and delivery of 
     transportation services; and
       ``(2) be included in the planning for those services.
       ``(l) Relationship to Other Laws.--
       ``(1) Fraud and false statements.--Section 1001 of title 18 
     applies to a certificate, submission, or statement provided 
     under this chapter. The Secretary may terminate financial 
     assistance under this chapter and seek reimbursement 
     directly, or by offsetting amounts, available under this 
     chapter if the Secretary determines that a recipient of such 
     financial assistance has made a false or fraudulent statement 
     or related act in connection with a Federal public 
     transportation program.
       ``(2) Political activities of nonsupervisory employees.--
     The provision of assistance under this chapter shall not be 
     construed to require the application of chapter 15 of title 5 
     to any nonsupervisory employee of a public transportation 
     system (or any other agency or entity performing related 
     functions) to whom such chapter does not otherwise apply.
       ``(m) Preaward and Postdelivery Review of Rolling Stock 
     Purchases.--The Secretary shall prescribe regulations 
     requiring a preaward and postdelivery review of a grant under 
     this chapter to buy rolling stock to ensure compliance with 
     Government motor vehicle safety requirements, subsection (j) 
     of this section, and bid specifications requirements of grant 
     recipients under this chapter. Under this subsection, 
     independent inspections and review are required, and a 
     manufacturer certification is not sufficient. Rolling stock 
     procurements of 20 vehicles or fewer made for the purpose of 
     serving rural areas and urbanized areas with populations of 
     200,000 or fewer shall be subject to the same requirements as 
     established for procurements of 10 or fewer buses under the 
     post-delivery purchaser's requirements certification process 
     under section 663.37(c) of title 49, Code of Federal 
     Regulations.
       ``(n) Submission of Certifications.--A certification 
     required under this chapter and any additional certification 
     or assurance required by law or regulation to be submitted to 
     the Secretary may be consolidated into a single document to 
     be submitted annually as part of a grant application under 
     this chapter. The Secretary shall publish annually a list of 
     all certifications required under this chapter with the 
     publication required under section 5336(d)(2).
       ``(o) Grant Requirements.--The grant requirements under 
     sections 5307, 5309, and 5337 apply to any project under this 
     chapter that receives any assistance or other financing under 
     chapter 6 (other than section 609) of title 23.
       ``(p) Alternative Fueling Facilities.--A recipient of 
     assistance under this chapter may allow the incidental use of 
     federally funded alternative fueling facilities and equipment 
     by nontransit public entities and private entities if--
       ``(1) the incidental use does not interfere with the 
     recipient's public transportation operations;
       ``(2) all costs related to the incidental use are fully 
     recaptured by the recipient from the nontransit public entity 
     or private entity;
       ``(3) the recipient uses revenues received from the 
     incidental use in excess of costs for planning, capital, and 
     operating expenses that are incurred in providing public 
     transportation; and
       ``(4) private entities pay all applicable excise taxes on 
     fuel.
       ``(q) Corridor Preservation.--
       ``(1) In general.--The Secretary may assist a recipient in 
     acquiring right-of-way before the completion of the 
     environmental reviews for any project that may use the right-
     of-way if the acquisition is otherwise permitted under 
     Federal law. The Secretary may establish restrictions on such 
     an acquisition as the Secretary determines to be necessary 
     and appropriate.
       ``(2) Environmental reviews.--Right-of-way acquired under 
     this subsection may not be developed in anticipation of the 
     project until all required environmental reviews for the 
     project have been completed.
       ``(r) Reasonable Access to Public Transportation 
     Facilities.--A recipient of assistance under this chapter may 
     not deny reasonable access for a private intercity or charter 
     transportation operator to federally funded public 
     transportation facilities, including intermodal facilities, 
     park and ride lots, and bus-only highway lanes. In 
     determining reasonable access, capacity requirements of the 
     recipient of assistance and the extent to which access would 
     be detrimental to existing public transportation services 
     must be considered.''.

     SEC. 20017. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.

       (a) In General.--Section 5324 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5324. Public transportation emergency relief program

       ``(a) Definition.--In this section the following 
     definitions shall apply:
       ``(1) Eligible operating costs.--The term `eligible 
     operating costs' means costs relating to--
       ``(A) evacuation services;
       ``(B) rescue operations;
       ``(C) temporary public transportation service; or
       ``(D) reestablishing, expanding, or relocating public 
     transportation route service before, during, or after an 
     emergency.
       ``(2) Emergency.--The term `emergency' means a natural 
     disaster affecting a wide area (such as a flood, hurricane, 
     tidal wave, earthquake, severe storm, or landslide) or a 
     catastrophic failure from any external cause, as a result of 
     which--
       ``(A) the Governor of a State has declared an emergency and 
     the Secretary has concurred; or
       ``(B) the President has declared a major disaster under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170).
       ``(b) General Authority.--The Secretary may make grants and 
     enter into contracts and other agreements (including 
     agreements with departments, agencies, and instrumentalities 
     of the Government) for--
       ``(1) capital projects to protect, repair, reconstruct, or 
     replace equipment and facilities of a public transportation 
     system operating in the United States or on an Indian 
     reservation that the Secretary determines is in danger of 
     suffering serious damage, or has suffered serious damage, as 
     a result of an emergency; and
       ``(2) eligible operating costs of public transportation 
     equipment and facilities in an area directly affected by an 
     emergency during--
       ``(A) the 1-year period beginning on the date of a 
     declaration described in subsection (a)(2); or
       ``(B) if the Secretary determines there is a compelling 
     need, the 2-year period beginning on the date of a 
     declaration described in subsection (a)(2).
       ``(c) Coordination of Emergency Funds.--
       ``(1) Use of funds.--Funds appropriated to carry out this 
     section shall be in addition to any other funds available 
     under this chapter.
       ``(2) No effect on other government activity.--The 
     provision of funds under this section shall not affect the 
     ability of any other agency of the Government, including the 
     Federal Emergency Management Agency, or a State agency, a 
     local governmental entity, organization, or person, to 
     provide any other funds otherwise authorized by law.
       ``(3) Notification.--The Secretary shall notify the 
     Secretary of Homeland Security of the purpose and amount of 
     any grant made or contract or other agreement entered into 
     under this section.
       ``(d) Grant Requirements.--A grant awarded under this 
     section or under section 5307 or 5311 that is made to address 
     an emergency defined under subsection (a)(2) shall be--
       ``(1) subject to the terms and conditions the Secretary 
     determines are necessary; and
       ``(2) made only for expenses that are not reimbursed under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.).
       ``(e) Government Share of Costs.--

[[Page H4509]]

       ``(1) Capital projects and operating assistance.--A grant, 
     contract, or other agreement for a capital project or 
     eligible operating costs under this section shall be, at the 
     option of the recipient, for not more than 80 percent of the 
     net project cost, as determined by the Secretary.
       ``(2) Non-federal share.--The remainder of the net project 
     cost may be provided from an undistributed cash surplus, a 
     replacement or depreciation cash fund or reserve, or new 
     capital.
       ``(3) Waiver.--The Secretary may waive, in whole or part, 
     the non-Federal share required under--
       ``(A) paragraph (2); or
       ``(B) section 5307 or 5311, in the case of a grant made 
     available under section 5307 or 5311, respectively, to 
     address an emergency.''.
       (b) Memorandum of Agreement.--
       (1) Purposes.--The purposes of this subsection are--
       (A) to improve coordination between the Department of 
     Transportation and the Department of Homeland Security; and
       (B) to expedite the provision of Federal assistance for 
     public transportation systems for activities relating to a 
     major disaster or emergency declared by the President under 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.) (referred to in this 
     subsection as a ``major disaster or emergency'').
       (2) Agreement.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Secretary of Homeland Security shall enter into a 
     memorandum of agreement to coordinate the roles and 
     responsibilities of the Department of Transportation and the 
     Department of Homeland Security in providing assistance for 
     public transportation, including the provision of public 
     transportation services and the repair and restoration of 
     public transportation systems in areas for which the 
     President has declared a major disaster or emergency.
       (3) Contents of agreement.--The memorandum of agreement 
     required under paragraph (2) shall--
       (A) provide for improved coordination and expeditious use 
     of public transportation, as appropriate, in response to and 
     recovery from a major disaster or emergency;
       (B) establish procedures to address--
       (i) issues that have contributed to delays in the 
     reimbursement of eligible transportation-related expenses 
     relating to a major disaster or emergency;
       (ii) any challenges identified in the review under 
     paragraph (4); and
       (iii) the coordination of assistance for public 
     transportation provided under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act and section 5324 of title 
     49, United States Code, as amended by this Act, as 
     appropriate; and
       (C) provide for the development and distribution of clear 
     guidelines for State, local, and tribal governments, 
     including public transportation systems, relating to--
       (i) assistance available for public transportation systems 
     for activities relating to a major disaster or emergency--

       (I) under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act;
       (II) under section 5324 of title 49, United States Code, as 
     amended by this Act; and
       (III) from other sources, including other Federal agencies; 
     and

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

       (I) applying for assistance under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act and section 5324 
     of title 49, United States Code, as amended by this Act; and
       (II) distributing assistance for public transportation 
     systems under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act and section 5324 of title 49, United 
     States Code, as amended by this Act.

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

     SEC. 20018. CONTRACT REQUIREMENTS.

       Section 5325 of title 49, United States Code, is amended--
       (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) in subsection (h), by striking ``Federal Public 
     Transportation Act of 2005'' and inserting ``Federal Public 
     Transportation Act of 2012'';
       (3) in subsection (j)(2)(C), by striking ``, including the 
     performance reported in the Contractor Performance Assessment 
     Reports required under section 5309(l)(2)''; and
       (4) by adding at the end the following:
       ``(k) Veterans Employment.--Recipients and subrecipients of 
     Federal financial assistance under this chapter shall ensure 
     that contractors working on a capital project funded using 
     such assistance give a hiring preference, to the extent 
     practicable, to veterans (as defined in section 2108 of title 
     5) who have the requisite skills and abilities to perform the 
     construction work required under the contract. This 
     subsection shall not be understood, construed or enforced in 
     any manner that would require an employer to give a 
     preference to any veteran over any equally qualified 
     applicant who is a member of any racial or ethnic minority, 
     female, an individual with a disability, or a former 
     employee.''.

     SEC. 20019. TRANSIT ASSET MANAGEMENT.

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

     ``Sec. 5326. Transit asset management

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

     SEC. 20020. PROJECT MANAGEMENT OVERSIGHT.

       Section 5327 of title 49, United States Code, is amended--

[[Page H4510]]

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

     SEC. 20021. PUBLIC TRANSPORTATION SAFETY.

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

     ``Sec. 5329. Public transportation safety program

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

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

       ``(D) a public transportation safety certification training 
     program, as described in subsection (c).
       ``(c) Public Transportation Safety Certification Training 
     Program.--
       ``(1) In general.--The Secretary shall establish a public 
     transportation safety certification training program for 
     Federal and State employees, or other designated personnel, 
     who conduct safety audits and examinations of public 
     transportation systems and employees of public transportation 
     agencies directly responsible for safety oversight.
       ``(2) Interim provisions.--Not later than 90 days after the 
     date of enactment of the Federal Public Transportation Act of 
     2012, the Secretary shall establish interim provisions for 
     the certification and training of the personnel described in 
     paragraph (1), which shall be in effect until the effective 
     date of the final rule issued by the Secretary to implement 
     this subsection.
       ``(d) Public Transportation Agency Safety Plan.--
       ``(1) In general.--Effective 1 year after the effective 
     date of a final rule issued by the Secretary to carry out 
     this subsection, each recipient or State, as described in 
     paragraph (3), shall certify that the recipient or State has 
     established a comprehensive agency safety plan that includes, 
     at a minimum--
       ``(A) a requirement that the board of directors (or 
     equivalent entity) of the recipient approve the agency safety 
     plan and any updates to the agency safety plan;
       ``(B) methods for identifying and evaluating safety risks 
     throughout all elements of the public transportation system 
     of the recipient;
       ``(C) strategies to minimize the exposure of the public, 
     personnel, and property to hazards and unsafe conditions;
       ``(D) a process and timeline for conducting an annual 
     review and update of the safety plan of the recipient;
       ``(E) performance targets based on the safety performance 
     criteria and state of good repair standards established under 
     subparagraphs (A) and (B), respectively, of subsection 
     (b)(2);
       ``(F) assignment of an adequately trained safety officer 
     who reports directly to the general manager, president, or 
     equivalent officer of the recipient; and
       ``(G) a comprehensive staff training program for the 
     operations personnel and personnel directly responsible for 
     safety of the recipient that includes--
       ``(i) the completion of a safety training program; and
       ``(ii) continuing safety education and training.
       ``(2) Interim agency safety plan.--A system safety plan 
     developed pursuant to part 659 of title 49, Code of Federal 
     Regulations, as in effect on the date of enactment of the 
     Federal Public Transportation Act of 2012, shall remain in 
     effect until such time as this subsection takes effect.
       ``(3) Public transportation agency safety plan drafting and 
     certification.--
       ``(A) Section 5311.--For a recipient receiving assistance 
     under section 5311, a State safety plan may be drafted and 
     certified by the recipient or a State.
       ``(B) Section 5307.--Not later than 120 days after the date 
     of enactment of the Federal Public Transportation Act of 
     2012, the Secretary shall issue a rule designating recipients 
     of assistance under section 5307 that are small public 
     transportation providers or systems that may have their State 
     safety plans drafted or certified by a State.
       ``(e) State Safety Oversight Program.--
       ``(1) Applicability.--This subsection applies only to 
     eligible States.
       ``(2) Definition.--In this subsection, the term `eligible 
     State' means a State that has--
       ``(A) a rail fixed guideway public transportation system 
     within the jurisdiction of the State that is not subject to 
     regulation by the Federal Railroad Administration; or
       ``(B) a rail fixed guideway public transportation system in 
     the engineering or construction phase of development within 
     the jurisdiction of the State that will not be subject to 
     regulation by the Federal Railroad Administration.
       ``(3) In general.--In order to obligate funds apportioned 
     under section 5338 to carry out this chapter, effective 3 
     years after the date on which a final rule under this 
     subsection becomes effective, an eligible State shall have in 
     effect a State safety oversight program approved by the 
     Secretary under which the State--
       ``(A) assumes responsibility for overseeing rail fixed 
     guideway public transportation safety;
       ``(B) adopts and enforces Federal and relevant State laws 
     on rail fixed guideway public transportation safety;
       ``(C) establishes a State safety oversight agency;
       ``(D) determines, in consultation with the Secretary, an 
     appropriate staffing level for the State safety oversight 
     agency that is commensurate with the number, size, and 
     complexity of the rail fixed guideway public transportation 
     systems in the eligible State;
       ``(E) requires that employees and other designated 
     personnel of the eligible State safety oversight agency who 
     are responsible for rail fixed guideway public transportation 
     safety oversight are qualified to perform such functions 
     through appropriate training, including successful completion 
     of the public transportation safety certification training 
     program established under subsection (c); and
       ``(F) prohibits any public transportation agency from 
     providing funds to the State safety oversight agency or an 
     entity designated by the eligible State as the State safety 
     oversight agency under paragraph (4).
       ``(4) State safety oversight agency.--
       ``(A) In general.--Each State safety oversight program 
     shall establish a State safety oversight agency that--
       ``(i) is financially and legally independent from any 
     public transportation entity that the State safety oversight 
     agency oversees;
       ``(ii) does not directly provide public transportation 
     services in an area with a rail fixed guideway public 
     transportation system subject to the requirements of this 
     section;
       ``(iii) does not employ any individual who is also 
     responsible for the administration of rail fixed guideway 
     public transportation programs subject to the requirements of 
     this section;
       ``(iv) has the authority to review, approve, oversee, and 
     enforce the implementation by the rail fixed guideway public 
     transportation agency of the public transportation agency 
     safety plan required under subsection (d);
       ``(v) has investigative and enforcement authority with 
     respect to the safety of rail fixed guideway public 
     transportation systems of the eligible State;
       ``(vi) audits, at least once triennially, the compliance of 
     the rail fixed guideway public transportation systems in the 
     eligible State subject to this subsection with the public 
     transportation agency safety plan required under subsection 
     (d); and
       ``(vii) provides, at least once annually, a status report 
     on the safety of the rail fixed guideway public 
     transportation systems the State safety oversight agency 
     oversees to--

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

       ``(B) Waiver.--At the request of an eligible State, the 
     Secretary may waive clauses (i) and (iii) of subparagraph (A) 
     for eligible States with 1 or more rail fixed guideway 
     systems in revenue operations, design, or construction, 
     that--
       ``(i) have fewer than 1,000,000 combined actual and 
     projected rail fixed guideway revenue miles per year; or
       ``(ii) provide fewer than 10,000,000 combined actual and 
     projected unlinked passenger trips per year.
       ``(5) Programs for multi-state rail fixed guideway public 
     transportation systems.--An eligible State that has within 
     the jurisdiction of the eligible State a rail fixed guideway 
     public transportation system that operates in more than 1 
     eligible State shall--
       ``(A) jointly with all other eligible States in which the 
     rail fixed guideway public transportation system operates, 
     ensure uniform safety standards and enforcement procedures 
     that shall be in compliance with this section, and establish 
     and implement a State safety oversight program approved by 
     the Secretary; or

[[Page H4511]]

       ``(B) jointly with all other eligible States in which the 
     rail fixed guideway public transportation system operates, 
     designate an entity having characteristics consistent with 
     the characteristics described in paragraph (3) to carry out 
     the State safety oversight program approved by the Secretary.
       ``(6) Grants.--
       ``(A) In general.--The Secretary shall make grants to 
     eligible States to develop or carry out State safety 
     oversight programs under this subsection. Grant funds may be 
     used for program operational and administrative expenses, 
     including employee training activities.
       ``(B) Apportionment.--
       ``(i) Formula.--The amount made available for State safety 
     oversight under section 5336(h) shall be apportioned among 
     eligible States under a formula to be established by the 
     Secretary. Such formula shall take into account fixed 
     guideway vehicle revenue miles, fixed guideway route miles, 
     and fixed guideway vehicle passenger miles attributable to 
     all rail fixed guideway systems not subject to regulation by 
     the Federal Railroad Administration within each eligible 
     State.
       ``(ii) Administrative requirements.--Grant funds 
     apportioned to States under this paragraph shall be subject 
     to uniform administrative requirements for grants and 
     cooperative agreements to State and local governments under 
     part 18 of title 49, Code of Federal Regulations, and shall 
     be subject to the requirements of this chapter as the 
     Secretary determines appropriate.
       ``(C) Government share.--
       ``(i) In general.--The Government share of the reasonable 
     cost of a State safety oversight program developed or carried 
     out using a grant under this paragraph shall be 80 percent.
       ``(ii) In-kind contributions.--Any calculation of the non-
     Government share of a State safety oversight program shall 
     include in-kind contributions by an eligible State.
       ``(iii) Non-government share.--The non-Government share of 
     the cost of a State safety oversight program developed or 
     carried out using a grant under this paragraph may not be met 
     by--

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

       ``(iv) Safety training program.--Recipients of funds made 
     available to carry out sections 5307 and 5311 may use not 
     more than 0.5 percent of their formula funds to pay not more 
     than 80 percent of the cost of participation in the public 
     transportation safety certification training program 
     established under subsection (c), by an employee of a State 
     safety oversight agency or a recipient who is directly 
     responsible for safety oversight.
       ``(7) Certification process.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the Federal Public Transportation Act of 2012, 
     the Secretary shall determine whether or not each State 
     safety oversight program meets the requirements of this 
     subsection and the State safety oversight program is adequate 
     to promote the purposes of this section.
       ``(B) Issuance of certifications and denials.--The 
     Secretary shall issue a certification to each eligible State 
     that the Secretary determines under subparagraph (A) 
     adequately meets the requirements of this subsection, and 
     shall issue a denial of certification to each eligible State 
     that the Secretary determines under subparagraph (A) does not 
     adequately meet the requirements of this subsection.
       ``(C) Disapproval.--If the Secretary determines that a 
     State safety oversight program does not meet the requirements 
     of this subsection and denies certification, the Secretary 
     shall transmit to the eligible State a written explanation 
     and allow the eligible State to modify and resubmit the State 
     safety oversight program for approval.
       ``(D) Failure to correct.--If the Secretary determines that 
     a modification by an eligible State of the State safety 
     oversight program is not sufficient to certify the program, 
     the Secretary--
       ``(i) shall notify the Governor of the eligible State of 
     such denial of certification and failure to adequately modify 
     the program, and shall request that the Governor take all 
     possible actions to correct deficiencies in the program to 
     ensure the certification of the program; and
       ``(ii) may--

       ``(I) withhold funds available under paragraph (6) in an 
     amount determined by the Secretary;
       ``(II) withhold not more than 5 percent of the amount 
     required to be appropriated for use in a State or urbanized 
     area in the State under section 5307 of this title, until the 
     State safety oversight program has been certified; or
       ``(III) require fixed guideway public transportation 
     systems under such State safety oversight program to provide 
     up to 100 percent of Federal assistance made available under 
     this chapter only for safety-related improvements on such 
     systems, until the State safety oversight program has been 
     certified.

       ``(8) Evaluation of program and annual report.--The 
     Secretary shall continually evaluate the implementation of a 
     State safety oversight program by a State safety oversight 
     agency, and shall submit on or before July 1 of each year to 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on--
       ``(A) the amount of funds apportioned to each eligible 
     State; and
       ``(B) the certification status of each State safety 
     oversight program, including what steps a State program that 
     has been denied certification must take in order to be 
     certified.
       ``(9) Federal oversight.--The Secretary shall--
       ``(A) oversee the implementation of each State safety 
     oversight program under this subsection;
       ``(B) audit the operations of each State safety oversight 
     agency at least once triennially; and
       ``(C) issue rules to carry out this subsection.
       ``(f) Authority of Secretary.--In carrying out this 
     section, the Secretary may--
       ``(1) conduct inspections, investigations, audits, 
     examinations, and testing of the equipment, facilities, 
     rolling stock, and operations of the public transportation 
     system of a recipient;
       ``(2) make reports and issue directives with respect to the 
     safety of the public transportation system of a recipient;
       ``(3) in conjunction with an accident investigation or an 
     investigation into a pattern or practice of conduct that 
     negatively affects public safety, issue a subpoena to, and 
     take the deposition of, any employee of a recipient or a 
     State safety oversight agency, if--
       ``(A) before the issuance of the subpoena, the Secretary 
     requests a determination by the Attorney General of the 
     United States as to whether the subpoena will interfere with 
     an ongoing criminal investigation; and
       ``(B) the Attorney General--
       ``(i) determines that the subpoena will not interfere with 
     an ongoing criminal investigation; or
       ``(ii) fails to make a determination under clause (i) 
     before the date that is 30 days after the date on which the 
     Secretary makes a request under subparagraph (A);
       ``(4) require the production of documents by, and prescribe 
     recordkeeping and reporting requirements for, a recipient or 
     a State safety oversight agency;
       ``(5) investigate public transportation accidents and 
     incidents and provide guidance to recipients regarding 
     prevention of accidents and incidents;
       ``(6) at reasonable times and in a reasonable manner, enter 
     and inspect equipment, facilities, rolling stock, operations, 
     and relevant records of the public transportation system of a 
     recipient; and
       ``(7) issue rules to carry out this section.
       ``(g) Enforcement Actions.--
       ``(1) Types of enforcement actions.--The Secretary may take 
     enforcement action against an eligible State, as defined in 
     subsection (e), that does not comply with Federal law with 
     respect to the safety of the public transportation system, 
     including--
       ``(A) issuing directives;
       ``(B) requiring more frequent oversight of the recipient by 
     a State safety oversight agency or the Secretary;
       ``(C) imposing more frequent reporting requirements; and
       ``(D) requiring that any Federal financial assistance 
     provided under this chapter be spent on correcting safety 
     deficiencies identified by the Secretary or the State safety 
     oversight agency before such funds are spent on other 
     projects.
       ``(2) Use or withholding of funds.--
       ``(A) In general.--The Secretary may require the use of 
     funds in accordance with paragraph (1)(D) only if the 
     Secretary finds that a recipient is engaged in a pattern or 
     practice of serious safety violations or has otherwise 
     refused to comply with Federal law relating to the safety of 
     the public transportation system.
       ``(B) Notice.--Before withholding funds from a recipient, 
     the Secretary shall provide to the recipient--
       ``(i) written notice of a violation and the amount proposed 
     to be withheld; and
       ``(ii) a reasonable period of time within which the 
     recipient may address the violation or propose and initiate 
     an alternative means of compliance that the Secretary 
     determines is acceptable.
       ``(h) Cost-benefit Analysis.--
       ``(1) Analysis required.--In carrying out this section, the 
     Secretary shall take into consideration the costs and 
     benefits of each action the Secretary proposes to take under 
     this section.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under this subsection if the Secretary determines that such a 
     waiver is in the public interest.
       ``(i) Consultation by the Secretary of Homeland Security.--
     The Secretary of Homeland Security shall consult with the 
     Secretary of Transportation before the Secretary of Homeland 
     Security issues a rule or order that the Secretary of 
     Transportation determines affects the safety of public 
     transportation design, construction, or operations.
       ``(j) Actions Under State Law.--
       ``(1) Rule of construction.--Nothing in this section shall 
     be construed to preempt an action under State law seeking 
     damages for personal injury, death, or property damage 
     alleging that a party has failed to comply with--
       ``(A) a Federal standard of care established by a 
     regulation or order issued by the Secretary under this 
     section; or
       ``(B) its own program, rule, or standard that it created 
     pursuant to a rule or order issued by the Secretary.
       ``(2) Effective date.--This subsection shall apply to any 
     cause of action under State law arising from an event or 
     activity occurring on or after the date of enactment of the 
     Federal Public Transportation Act of 2012.
       ``(3) Jurisdiction.--Nothing in this section shall be 
     construed to create a cause of action under Federal law on 
     behalf of an injured party or confer Federal question 
     jurisdiction for a State law cause of action.
       ``(k) National Public Transportation Safety Report.--Not 
     later than 3 years after the date of enactment of the Federal 
     Public Transportation Act of 2012, the Secretary shall submit 
     to the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     that--
       ``(1) analyzes public transportation safety trends among 
     the States and documents the

[[Page H4512]]

     most effective safety programs implemented using grants under 
     this section; and
       ``(2) describes the effect on public transportation safety 
     of activities carried out using grants under this section.''.
       (b) Bus Safety Study.--
       (1) Definition.--In this subsection, the term ``highway 
     route'' means a route where 50 percent or more of the route 
     is on roads having a speed limit of more than 45 miles per 
     hour.
       (2) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     that--
       (A) examines the safety of public transportation buses that 
     travel on highway routes;
       (B) examines laws and regulations that apply to commercial 
     over-the-road buses; and
       (C) makes recommendations as to whether additional safety 
     measures should be required for public transportation buses 
     that travel on highway routes.

     SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

       Section 5331 of title 49, United States Code, is amended by 
     striking subsection (g) and inserting the following:
       ``(g) Conditions on Federal Assistance.--
       ``(1) Ineligibility for assistance.--A person that receives 
     funds under this chapter is not eligible for financial 
     assistance under section 5307, 5309, or 5311 of this title if 
     the person is required, under regulations the Secretary 
     prescribes under this section, to establish a program of 
     alcohol and controlled substances testing and does not 
     establish the program in accordance with this section.
       ``(2) Additional remedies.--If the Secretary determines 
     that a person that receives funds under this chapter is not 
     in compliance with regulations prescribed under this section, 
     the Secretary may bar the person from receiving Federal 
     transit assistance in an amount the Secretary considers 
     appropriate.''.

     SEC. 20023. NONDISCRIMINATION.

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

     SEC. 20024. ADMINISTRATIVE PROVISIONS.

       Section 5334 of title 49, United States Code, is amended--
       (1) in subsection (a)(1), by striking ``under sections 5307 
     and 5309-5311 of this title'' and inserting ``that receives 
     Federal financial assistance under this chapter'';
       (2) in subsection (b)(1)--
       (A) by inserting after ``emergency,'' the following: ``or 
     for purposes of establishing and enforcing a program to 
     improve the safety of public transportation systems in the 
     United States as described in section 5329,''; and
       (B) by striking ``chapter, nor may the Secretary'' and 
     inserting ``chapter. The Secretary may not'';
       (3) in subsection (c)(4), by striking ``section (except 
     subsection (i)) and sections 5318(e), 5323(a)(2), 5325(a), 
     5325(b), and 5325(f)'' and inserting ``subsection'';
       (4) in subsection (h)(3), by striking ``another'' and 
     inserting ``any other'';
       (5) in subsection (i)(1), by striking ``title 23 shall'' 
     and inserting ``title 23 may'';
       (6) by striking subsection (j); and
       (7) by redesignating subsections (k) and (l) as subsections 
     (j) and (k), respectively.

     SEC. 20025. NATIONAL TRANSIT DATABASE.

       (a) Amendments.--Section 5335 of title 49, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``public transportation 
     financial and operating information'' and inserting ``public 
     transportation financial, operating, and asset condition 
     information''; and
       (2) by adding at the end the following:
       ``(c) Data Required to Be Reported.--The recipient of a 
     grant under this chapter shall report to the Secretary, for 
     inclusion in the National Transit Database, any information 
     relating to a transit asset inventory or condition assessment 
     conducted by the recipient.''.
       (b) Data Accuracy and Reliability.--The Secretary shall--
       (1) develop and implement appropriate internal control 
     activities to ensure that public transportation safety 
     incident data is reported accurately and reliably by public 
     transportation systems and State safety oversight agencies to 
     the State Safety Oversight Rail Accident Database; and
       (2) report to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives within 1 year 
     of enactment of the Federal Public Transportation Act of 2012 
     on the steps taken to improve the accuracy and reliability of 
     public transportation safety incident data reported to the 
     State Safety Oversight Rail Accident Database.

     SEC. 20026. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA 
                   GRANTS.

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

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

       ``(a) Based on Urbanized Area Population.--Of the amount 
     apportioned under subsection (h)(4) to carry out section 
     5307--
       ``(1) 9.32 percent shall be apportioned each fiscal year 
     only in urbanized areas with a population of less than 
     200,000 so that each of those areas is entitled to receive an 
     amount equal to--
       ``(A) 50 percent of the total amount apportioned multiplied 
     by a ratio equal to the population of the area divided by the 
     total population of all urbanized areas with populations of 
     less than 200,000 as shown in the most recent decennial 
     census; and
       ``(B) 50 percent of the total amount apportioned multiplied 
     by a ratio for the area based on population weighted by a 
     factor, established by the Secretary, of the number of 
     inhabitants in each square mile; and
       ``(2) 90.68 percent shall be apportioned each fiscal year 
     only in urbanized areas with populations of at least 200,000 
     as provided in subsections (b) and (c) of this section.
       ``(b) Based on Fixed Guideway Vehicle Revenue Miles, 
     Directional Route Miles, and Passenger Miles.--(1) In this 
     subsection, `fixed guideway vehicle revenue miles' and `fixed 
     guideway directional route miles' include passenger ferry 
     operations directly or under contract by the designated 
     recipient.
       ``(2) Of the amount apportioned under subsection (a)(2) of 
     this section, 33.29 percent shall be apportioned as follows:
       ``(A) 95.61 percent of the total amount apportioned under 
     this subsection shall be apportioned so that each urbanized 
     area with a population of at least 200,000 is entitled to 
     receive an amount equal to--
       ``(i) 60 percent of the 95.61 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the number 
     of fixed guideway vehicle revenue miles attributable to the 
     area, as established by the Secretary, divided by the total 
     number of all fixed guideway vehicle revenue miles 
     attributable to all areas; and
       ``(ii) 40 percent of the 95.61 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the number 
     of fixed guideway directional route miles attributable to the 
     area, established by the Secretary, divided by the total 
     number of all fixed guideway directional route miles 
     attributable to all areas.
     An urbanized area with a population of at least 750,000 in 
     which commuter rail transportation is provided shall receive 
     at least .75 percent of the total amount apportioned under 
     this subparagraph.
       ``(B) 4.39 percent of the total amount apportioned under 
     this subsection shall be apportioned so that each urbanized 
     area with a population of at least 200,000 is entitled to 
     receive an amount equal to--
       ``(i) the number of fixed guideway vehicle passenger miles 
     traveled multiplied by the number of fixed guideway vehicle 
     passenger miles traveled for each dollar of operating cost in 
     an area; divided by
       ``(ii) the total number of fixed guideway vehicle passenger 
     miles traveled multiplied by the total number of fixed 
     guideway vehicle passenger miles traveled for each dollar of 
     operating cost in all areas.
     An urbanized area with a population of at least 750,000 in 
     which commuter rail transportation is provided shall receive 
     at least .75 percent of the total amount apportioned under 
     this subparagraph.
       ``(C) Under subparagraph (A) of this paragraph, fixed 
     guideway vehicle revenue or directional route miles, and 
     passengers served on those miles, in an urbanized area with a 
     population of less than 200,000, where the miles and 
     passengers served otherwise would be attributable to an 
     urbanized area with a population of at least 1,000,000 in an 
     adjacent State, are attributable to the governmental 
     authority in the State in which the urbanized area with a 
     population of less than 200,000 is located. The authority is 
     deemed an urbanized area with a population of at least 
     200,000 if the authority makes a contract for the service.
       ``(D) A recipient's apportionment under subparagraph (A)(i) 
     of this paragraph may not be reduced if the recipient, after 
     satisfying the Secretary that energy or operating 
     efficiencies would be achieved, reduces vehicle revenue miles 
     but provides the same frequency of revenue service to the 
     same number of riders.
       ``(E) For purposes of subparagraph (A) and section 
     5337(c)(3), the Secretary shall deem to be attributable to an 
     urbanized area not less than 22.27 percent of the fixed 
     guideway vehicle revenue miles or fixed guideway directional 
     route

[[Page H4513]]

     miles in the public transportation system of a recipient that 
     are located outside the urbanized area for which the 
     recipient receives funds, in addition to the fixed guideway 
     vehicle revenue miles or fixed guideway directional route 
     miles of the recipient that are located inside the urbanized 
     area.
       ``(c) Based on Bus Vehicle Revenue Miles and Passenger 
     Miles.--Of the amount apportioned under subsection (a)(2) of 
     this section, 66.71 percent shall be apportioned as follows:
       ``(1) 90.8 percent of the total amount apportioned under 
     this subsection shall be apportioned as follows:
       ``(A) 73.39 percent of the 90.8 percent apportioned under 
     this paragraph shall be apportioned so that each urbanized 
     area with a population of at least 1,000,000 is entitled to 
     receive an amount equal to--
       ``(i) 50 percent of the 73.39 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the total 
     bus vehicle revenue miles operated in or directly serving the 
     urbanized area divided by the total bus vehicle revenue miles 
     attributable to all areas;
       ``(ii) 25 percent of the 73.39 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the 
     population of the area divided by the total population of all 
     areas, as shown in the most recent decennial census; and
       ``(iii) 25 percent of the 73.39 percent apportioned under 
     this subparagraph multiplied by a ratio for the area based on 
     population weighted by a factor, established by the 
     Secretary, of the number of inhabitants in each square mile.
       ``(B) 26.61 percent of the 90.8 percent apportioned under 
     this paragraph shall be apportioned so that each urbanized 
     area with a population of at least 200,000 but not more than 
     999,999 is entitled to receive an amount equal to--
       ``(i) 50 percent of the 26.61 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the total 
     bus vehicle revenue miles operated in or directly serving the 
     urbanized area divided by the total bus vehicle revenue miles 
     attributable to all areas;
       ``(ii) 25 percent of the 26.61 percent apportioned under 
     this subparagraph multiplied by a ratio equal to the 
     population of the area divided by the total population of all 
     areas, as shown by the most recent decennial census; and
       ``(iii) 25 percent of the 26.61 percent apportioned under 
     this subparagraph multiplied by a ratio for the area based on 
     population weighted by a factor, established by the 
     Secretary, of the number of inhabitants in each square mile.
       ``(2) 9.2 percent of the total amount apportioned under 
     this subsection shall be apportioned so that each urbanized 
     area with a population of at least 200,000 is entitled to 
     receive an amount equal to--
       ``(A) the number of bus passenger miles traveled multiplied 
     by the number of bus passenger miles traveled for each dollar 
     of operating cost in an area; divided by
       ``(B) the total number of bus passenger miles traveled 
     multiplied by the total number of bus passenger miles 
     traveled for each dollar of operating cost in all areas.
       ``(d) Date of Apportionment.--The Secretary shall--
       ``(1) apportion amounts appropriated under section 
     5338(a)(2)(C) of this title to carry out section 5307 of this 
     title not later than the 10th day after the date the amounts 
     are appropriated or October 1 of the fiscal year for which 
     the amounts are appropriated, whichever is later; and
       ``(2) publish apportionments of the amounts, including 
     amounts attributable to each urbanized area with a population 
     of more than 50,000 and amounts attributable to each State of 
     a multistate urbanized area, on the apportionment date.
       ``(e) Amounts Not Apportioned to Designated Recipients.--
     The Governor of a State may expend in an urbanized area with 
     a population of less than 200,000 an amount apportioned under 
     this section that is not apportioned to a designated 
     recipient, as defined in section 5302(4).
       ``(f) Transfers of Apportionments.--(1) The Governor of a 
     State may transfer any part of the State's apportionment 
     under subsection (a)(1) of this section to supplement amounts 
     apportioned to the State under section 5311(c)(3). The 
     Governor may make a transfer only after consulting with 
     responsible local officials and publicly owned operators of 
     public transportation in each area for which the amount 
     originally was apportioned under this section.
       ``(2) The Governor of a State may transfer any part of the 
     State's apportionment under section 5311(c)(3) to supplement 
     amounts apportioned to the State under subsection (a)(1) of 
     this section.
       ``(3) The Governor of a State may use throughout the State 
     amounts of a State's apportionment remaining available for 
     obligation at the beginning of the 90-day period before the 
     period of the availability of the amounts expires.
       ``(4) A designated recipient for an urbanized area with a 
     population of at least 200,000 may transfer a part of its 
     apportionment under this section to the Governor of a State. 
     The Governor shall distribute the transferred amounts to 
     urbanized areas under this section.
       ``(5) Capital and operating assistance limitations 
     applicable to the original apportionment apply to amounts 
     transferred under this subsection.
       ``(g) Period of Availability to Recipients.--An amount 
     apportioned under this section may be obligated by the 
     recipient for 5 years after the fiscal year in which the 
     amount is apportioned. Not later than 30 days after the end 
     of the 5-year period, an amount that is not obligated at the 
     end of that period shall be added to the amount that may be 
     apportioned under this section in the next fiscal year.
       ``(h) Apportionments.--Of the amounts made available for 
     each fiscal year under section 5338(a)(2)(C)--
       ``(1) $30,000,000 shall be set aside to carry out section 
     5307(h);
       ``(2) 3.07 percent shall be apportioned to urbanized areas 
     in accordance with subsection (j);
       ``(3) of amounts not apportioned under paragraphs (1) and 
     (2), 1.5 percent shall be apportioned to urbanized areas with 
     populations of less than 200,000 in accordance with 
     subsection (i);
       ``(4) 0.5 percent shall be apportioned to eligible States 
     for State safety oversight program grants in accordance with 
     section 5329(e)(6); and
       ``(5) any amount not apportioned under paragraphs (1), (2), 
     (3), and (4) shall be apportioned to urbanized areas in 
     accordance with subsections (a) through (c).
       ``(i) Small Transit Intensive Cities Formula.--
       ``(1) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Eligible area.--The term `eligible area' means an 
     urbanized area with a population of less than 200,000 that 
     meets or exceeds in one or more performance categories the 
     industry average for all urbanized areas with a population of 
     at least 200,000 but not more than 999,999, as determined by 
     the Secretary in accordance with subsection (c)(2).
       ``(B) Performance category.--The term `performance 
     category' means each of the following:
       ``(i) Passenger miles traveled per vehicle revenue mile.
       ``(ii) Passenger miles traveled per vehicle revenue hour.
       ``(iii) Vehicle revenue miles per capita.
       ``(iv) Vehicle revenue hours per capita.
       ``(v) Passenger miles traveled per capita.
       ``(vi) Passengers per capita.
       ``(2) Apportionment.--
       ``(A) Apportionment formula.--The amount to be apportioned 
     under subsection (h)(3) shall be apportioned among eligible 
     areas in the ratio that--
       ``(i) the number of performance categories for which each 
     eligible area meets or exceeds the industry average in 
     urbanized areas with a population of at least 200,000 but not 
     more than 999,999; bears to
       ``(ii) the aggregate number of performance categories for 
     which all eligible areas meet or exceed the industry average 
     in urbanized areas with a population of at least 200,000 but 
     not more than 999,999.
       ``(B) Data used in formula.--The Secretary shall calculate 
     apportionments under this subsection for a fiscal year using 
     data from the national transit database used to calculate 
     apportionments for that fiscal year under this section.
       ``(j) Apportionment Formula.--The amounts apportioned under 
     subsection (h)(2) shall be apportioned among urbanized areas 
     as follows:
       ``(1) 75 percent of the funds shall be apportioned among 
     designated recipients for urbanized areas with a population 
     of 200,000 or more in the ratio that--
       ``(A) the number of eligible low-income individuals in each 
     such urbanized area; bears to
       ``(B) the number of eligible low-income individuals in all 
     such urbanized areas.
       ``(2) 25 percent of the funds shall be apportioned among 
     designated recipients for urbanized areas with a population 
     of less than 200,000 in the ratio that--
       ``(A) the number of eligible low-income individuals in each 
     such urbanized area; bears to
       ``(B) the number of eligible low-income individuals in all 
     such urbanized areas.''.

     SEC. 20027. STATE OF GOOD REPAIR GRANTS.

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

     ``Sec. 5337. State of good repair grants

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Fixed guideway.--The term `fixed guideway' means a 
     public transportation facility--
       ``(A) using and occupying a separate right-of-way for the 
     exclusive use of public transportation;
       ``(B) using rail;
       ``(C) using a fixed catenary system;
       ``(D) for a passenger ferry system; or
       ``(E) for a bus rapid transit system.
       ``(2) State.--The term `State' means the 50 States, the 
     District of Columbia, and Puerto Rico.
       ``(3) State of good repair.--The term `state of good 
     repair' has the meaning given that term by the Secretary, by 
     rule, under section 5326(b).
       ``(4) Transit asset management plan.--The term `transit 
     asset management plan' means a plan developed by a recipient 
     of funding under this chapter that--
       ``(A) includes, at a minimum, capital asset inventories and 
     condition assessments, decision support tools, and investment 
     prioritization; and
       ``(B) the recipient certifies that the recipient complies 
     with the rule issued under section 5326(d).
       ``(b) General Authority.--
       ``(1) Eligible projects.--The Secretary may make grants 
     under this section to assist State and local governmental 
     authorities in financing capital projects to maintain public 
     transportation systems in a state of good repair, including 
     projects to replace and rehabilitate--
       ``(A) rolling stock;
       ``(B) track;
       ``(C) line equipment and structures;
       ``(D) signals and communications;
       ``(E) power equipment and substations;
       ``(F) passenger stations and terminals;
       ``(G) security equipment and systems;
       ``(H) maintenance facilities and equipment;
       ``(I) operational support equipment, including computer 
     hardware and software;
       ``(J) development and implementation of a transit asset 
     management plan; and
       ``(K) other replacement and rehabilitation projects the 
     Secretary determines appropriate.

[[Page H4514]]

       ``(2) Inclusion in plan.--A recipient shall include a 
     project carried out under paragraph (1) in the transit asset 
     management plan of the recipient upon completion of the plan.
       ``(c) High Intensity Fixed Guideway State of Good Repair 
     Formula.--
       ``(1) In general.--Of the amount authorized or made 
     available under section 5338(a)(2)(I), 97.15 percent shall be 
     apportioned to recipients in accordance with this subsection.
       ``(2) Area share.--
       ``(A) In general.--50 percent of the amount described in 
     paragraph (1) shall be apportioned for fixed guideway systems 
     in accordance with this paragraph.
       ``(B) Share.--A recipient shall receive an amount equal to 
     the amount described in subparagraph (A), multiplied by the 
     amount the recipient would have received under this section, 
     as in effect for fiscal year 2011, if the amount had been 
     calculated in accordance with section 5336(b)(1) and using 
     the definition of the term `fixed guideway' under subsection 
     (a) of this section, as such sections are in effect on the 
     day after the date of enactment of the Federal Public 
     Transportation Act of 2012, and divided by the total amount 
     apportioned for all areas under this section for fiscal year 
     2011.
       ``(C) Recipient.--For purposes of this paragraph, the term 
     `recipient' means an entity that received funding under this 
     section, as in effect for fiscal year 2011.
       ``(3) Vehicle revenue miles and directional route miles.--
       ``(A) In general.--50 percent of the amount described in 
     paragraph (1) shall be apportioned to recipients in 
     accordance with this paragraph.
       ``(B) Vehicle revenue miles.--A recipient in an urbanized 
     area shall receive an amount equal to 60 percent of the 
     amount described in subparagraph (A), multiplied by the 
     number of fixed guideway vehicle revenue miles attributable 
     to the urbanized area, as established by the Secretary, 
     divided by the total number of all fixed guideway vehicle 
     revenue miles attributable to all urbanized areas.
       ``(C) Directional route miles.--A recipient in an urbanized 
     area shall receive an amount equal to 40 percent of the 
     amount described in subparagraph (A), multiplied by the 
     number of fixed guideway directional route miles attributable 
     to the urbanized area, as established by the Secretary, 
     divided by the total number of all fixed guideway directional 
     route miles attributable to all urbanized areas.
       ``(4) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the share of the total amount apportioned under this 
     subsection that is apportioned to an area under this 
     subsection shall not decrease by more than 0.25 percentage 
     points compared to the share apportioned to the area under 
     this subsection in the previous fiscal year.
       ``(B) Special rule for fiscal year 2013.--In fiscal year 
     2013, the share of the total amount apportioned under this 
     subsection that is apportioned to an area under this 
     subsection shall not decrease by more than 0.25 percentage 
     points compared to the share that would have been apportioned 
     to the area under this section, as in effect for fiscal year 
     2011, if the share had been calculated using the definition 
     of the term `fixed guideway' under subsection (a) of this 
     section, as in effect on the day after the date of enactment 
     of the Federal Public Transportation Act of 2012.
       ``(5) Use of funds.--Amounts made available under this 
     subsection shall be available for the exclusive use of fixed 
     guideway projects.
       ``(6) Receiving apportionment.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     for an area with a fixed guideway system, the amounts 
     provided under this subsection shall be apportioned to the 
     designated recipient for the urbanized area in which the 
     system operates.
       ``(B) Exception.--An area described in the amendment made 
     by section 3028(a) of the Transportation Equity Act for the 
     21st Century (Public Law 105-178; 112 Stat. 366) shall 
     receive an individual apportionment under this subsection.
       ``(7) Apportionment requirements.--For purposes of 
     determining the number of fixed guideway vehicle revenue 
     miles or fixed guideway directional route miles attributable 
     to an urbanized area for a fiscal year under this subsection, 
     only segments of fixed guideway systems placed in revenue 
     service not later than 7 years before the first day of the 
     fiscal year shall be deemed to be attributable to an 
     urbanized area.
       ``(d) High Intensity Motorbus State of Good Repair.--
       ``(1) Definition.--For purposes of this subsection, the 
     term `high intensity motorbus' means public transportation 
     that is provided on a facility with access for other high-
     occupancy vehicles.
       ``(2) Apportionment.--Of the amount authorized or made 
     available under section 5338(a)(2)(I), 2.85 percent shall be 
     apportioned to urbanized areas for high intensity motorbus 
     state of good repair in accordance with this subsection.
       ``(3) Vehicle revenue miles and directional route miles.--
       ``(A) In general.--The amount described in paragraph (2) 
     shall be apportioned to each area in accordance with this 
     paragraph.
       ``(B) Vehicle revenue miles.--Each area shall receive an 
     amount equal to 60 percent of the amount described in 
     subparagraph (A), multiplied by the number of high intensity 
     motorbus vehicle revenue miles attributable to the area, as 
     established by the Secretary, divided by the total number of 
     all high intensity motorbus vehicle revenue miles 
     attributable to all areas.
       ``(C) Directional route miles.--Each area shall receive an 
     amount equal to 40 percent of the amount described in 
     subparagraph (A), multiplied by the number of high intensity 
     motorbus directional route miles attributable to the area, as 
     established by the Secretary, divided by the total number of 
     all high intensity motorbus directional route miles 
     attributable to all areas.
       ``(4) Apportionment requirements.--For purposes of 
     determining the number of high intensity motorbus vehicle 
     revenue miles or high intensity motorbus directional route 
     miles attributable to an urbanized area for a fiscal year 
     under this subsection, only segments of high intensity 
     motorbus systems placed in revenue service not later than 7 
     years before the first day of the fiscal year shall be deemed 
     to be attributable to an urbanized area.''.

     SEC. 20028. AUTHORIZATIONS.

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

     ``Sec. 5338. Authorizations

       ``(a) Formula Grants.--
       ``(1) In general.--There shall be available from the Mass 
     Transit Account of the Highway Trust Fund to carry out 
     sections 5305, 5307, 5310, 5311, 5318, 5322(d), 5335, 5337, 
     5339, and 5340, and section 20005(b) of the Federal Public 
     Transportation Act of 2012, $8,478,000,000 for fiscal year 
     2013 and $8,595,000,000 for fiscal year 2014.
       ``(2) Allocation of funds.--Of the amounts made available 
     under paragraph (1)--
       ``(A) $126,900,000 for fiscal year 2013 and $128,800,000 
     for fiscal year 2014 shall be available to carry out section 
     5305;
       ``(B) $10,000,000 for each of fiscal years 2013 and 2014 
     shall be available to carry out section 20005(b) of the 
     Federal Public Transportation Act of 2012;
       ``(C) $4,397,950,000 for fiscal year 2013 and 
     $4,458,650,000 for fiscal year 2014 shall be allocated in 
     accordance with section 5336 to provide financial assistance 
     for urbanized areas under section 5307;
       ``(D) $254,800,000 for fiscal year 2013 and $258,300,000 
     for fiscal year 2014 shall be available to provide financial 
     assistance for services for the enhanced mobility of seniors 
     and individuals with disabilities under section 5310;
       ``(E) $599,500,000 for fiscal year 2013 and $607,800,000 
     for fiscal year 2014 shall be available to provide financial 
     assistance for rural areas under section 5311, of which not 
     less than $30,000,000 for fiscal year 2013 and $30,000,000 
     for fiscal year 2014 shall be available to carry out section 
     5311(c)(1) and $20,000,000 for fiscal year 2013 and 
     $20,000,000 for fiscal year 2014 shall be available to carry 
     out section 5311(c)(2);
       ``(F) $3,000,000 for each of fiscal years 2013 and 2014 
     shall be available for bus testing under section 5318;
       ``(G) $5,000,000 for each of fiscal years 2013 and 2014 
     shall be available for the national transit institute under 
     section 5322(d);
       ``(H) $3,850,000 for each of fiscal years 2013 and 2014 
     shall be available to carry out section 5335;
       ``(I) $2,136,300,000 for fiscal year 2013 and 
     $2,165,900,000 for fiscal year 2014 shall be available to 
     carry out section 5337;
       ``(J) $422,000,000 for fiscal year 2013 and $427,800,000 
     for fiscal year 2014 shall be available for the bus and bus 
     facilities program under section 5339; and
       ``(K) $518,700,000 for fiscal year 2013 and $525,900,000 
     for fiscal year 2014 shall be allocated in accordance with 
     section 5340 to provide financial assistance for urbanized 
     areas under section 5307 and rural areas under section 5311.
       ``(b) Research, Development Demonstration and Deployment 
     Projects.--There are authorized to be appropriated to carry 
     out section 5312, $70,000,000 for fiscal year 2013 and 
     $70,000,000 for fiscal year 2014.
       ``(c) Transit Cooperative Research Program.--There are 
     authorized to be appropriated to carry out section 5313, 
     $7,000,000 for fiscal year 2013 and $7,000,000 for fiscal 
     year 2014.
       ``(d) Technical Assistance and Standards Development.--
     There are authorized to be appropriated to carry out section 
     5314, $7,000,000 for fiscal year 2013 and $7,000,000 for 
     fiscal year 2014.
       ``(e) Human Resources and Training.--There are authorized 
     to be appropriated to carry out subsections (a), (b), (c), 
     and (e) of section 5322, $5,000,000 for fiscal year 2013 and 
     $5,000,000 for fiscal year 2014.
       ``(f) Emergency Relief Program.--There are authorized to be 
     appropriated such sums as are necessary to carry out section 
     5324.
       ``(g) Capital Investment Grants.--There are authorized to 
     be appropriated to carry out section 5309, $1,907,000,000 for 
     fiscal year 2013 and $1,907,000,000 for fiscal year 2014.
       ``(h) Administration.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out section 5334, $104,000,000 for fiscal year 2013 
     and $104,000,000 for fiscal year 2014.
       ``(2) Section 5329.--Of the amounts authorized to be 
     appropriated under paragraph (1), not less than $5,000,000 
     shall be available to carry out section 5329.
       ``(3) Section 5326.--Of the amounts made available under 
     paragraph (2), not less than $1,000,000 shall be available to 
     carry out section 5326.
       ``(i) Oversight.--
       ``(1) In general.--Of the amounts made available to carry 
     out this chapter for a fiscal year, the Secretary may use not 
     more than the following amounts for the activities described 
     in paragraph (2):
       ``(A) 0.5 percent of amounts made available to carry out 
     section 5305.
       ``(B) 0.75 percent of amounts made available to carry out 
     section 5307.
       ``(C) 1 percent of amounts made available to carry out 
     section 5309.
       ``(D) 1 percent of amounts made available to carry out 
     section 601 of the Passenger Rail Investment and Improvement 
     Act of 2008 (Public Law 110-432; 126 Stat. 4968).

[[Page H4515]]

       ``(E) 0.5 percent of amounts made available to carry out 
     section 5310.
       ``(F) 0.5 percent of amounts made available to carry out 
     section 5311.
       ``(G) 0.75 percent of amounts made available to carry out 
     section 5337(c).
       ``(2) Activities.--The activities described in this 
     paragraph are as follows:
       ``(A) Activities to oversee the construction of a major 
     capital project.
       ``(B) Activities to review and audit the safety and 
     security, procurement, management, and financial compliance 
     of a recipient or subrecipient of funds under this chapter.
       ``(C) Activities to provide technical assistance generally, 
     and to provide technical assistance to correct deficiencies 
     identified in compliance reviews and audits carried out under 
     this section.
       ``(3) Government share of costs.--The Government shall pay 
     the entire cost of carrying out a contract under this 
     subsection.
       ``(4) Availability of certain funds.--Funds made available 
     under paragraph (1)(C) shall be made available to the 
     Secretary before allocating the funds appropriated to carry 
     out any project under a full funding grant agreement.
       ``(j) Grants as Contractual Obligations.--
       ``(1) Grants financed from highway trust fund.--A grant or 
     contract that is approved by the Secretary and financed with 
     amounts made available from the Mass Transit Account of the 
     Highway Trust Fund pursuant to this section is a contractual 
     obligation of the Government to pay the Government share of 
     the cost of the project.
       ``(2) Grants financed from general fund.--A grant or 
     contract that is approved by the Secretary and financed with 
     amounts appropriated in advance from the General Fund of the 
     Treasury pursuant to this section is a contractual obligation 
     of the Government to pay the Government share of the cost of 
     the project only to the extent that amounts are appropriated 
     for such purpose by an Act of Congress.
       ``(k) Availability of Amounts.--Amounts made available by 
     or appropriated under this section shall remain available 
     until expended.''.

     SEC. 20029. BUS AND BUS FACILITIES FORMULA GRANTS.

       (a) In General.--Section 5339 of title 49, United States 
     Code, is amended to read as follows:

     ``Sec. 5339. Bus and bus facilities formula grants

       ``(a) General Authority.--The Secretary may make grants 
     under this section to assist eligible recipients described in 
     subsection (c)(1) in financing capital projects--
       ``(1) to replace, rehabilitate, and purchase buses and 
     related equipment; and
       ``(2) to construct bus-related facilities.
       ``(b) Grant Requirements.--The requirements of section 5307 
     apply to recipients of grants made under this section.
       ``(c) Eligible Recipients and Subrecipients.--
       ``(1) Recipients.--Eligible recipients under this section 
     are designated recipients that operate fixed route bus 
     service or that allocate funding to fixed route bus 
     operators.
       ``(2) Subrecipients.--A designated recipient that receives 
     a grant under this section may allocate amounts of the grant 
     to subrecipients that are public agencies or private 
     nonprofit organizations engaged in public transportation.
       ``(d) Distribution of Grant Funds.--Funds allocated under 
     section 5338(a)(2)(J) shall be distributed as follows:
       ``(1) National distribution.--$65,500,000 shall be 
     allocated to all States and territories, with each State 
     receiving $1,250,000 and each territory receiving $500,000.
       ``(2) Distribution using population and service factors.--
     The remainder of the funds not otherwise distributed under 
     paragraph (1) shall be allocated pursuant to the formula set 
     forth in section 5336 other than subsection (b).
       ``(e) Transfers of Apportionments.--
       ``(1) Transfer flexibility for national distribution 
     funds.--The Governor of a State may transfer any part of the 
     State's apportionment under subsection (d)(1) to supplement 
     amounts apportioned to the State under section 5311(c) of 
     this title or amounts apportioned to urbanized areas under 
     subsections (a) and (c) of section 5336 of this title.
       ``(2) Transfer flexibility for population and service 
     factors funds.--The Governor of a State may expend in an 
     urbanized area with a population of less than 200,000 any 
     amounts apportioned under subsection (d)(2) that are not 
     allocated to designated recipients in urbanized areas with a 
     population of 200,000 or more.
       ``(f) Government's Share of Costs.--
       ``(1) Capital projects.--A grant for a capital project 
     under this section shall be for 80 percent of the net capital 
     costs of the project. A recipient of a grant under this 
     section may provide additional local matching amounts.
       ``(2) Remaining costs.--The remainder of the net project 
     cost shall be provided--
       ``(A) in cash from non-Government sources other than 
     revenues from providing public transportation services;
       ``(B) from revenues derived from the sale of advertising 
     and concessions;
       ``(C) from an undistributed cash surplus, a replacement or 
     depreciation cash fund or reserve, or new capital; or
       ``(D) from amounts received under a service agreement with 
     a State or local social service agency or private social 
     service organization.
       ``(g) Period of Availability to Recipients.--Amounts made 
     available under this section may be obligated by a recipient 
     for 3 years after the fiscal year in which the amount is 
     apportioned. Not later than 30 days after the end of the 3-
     year period described in the preceding sentence, any amount 
     that is not obligated on the last day of that period shall be 
     added to the amount that may be apportioned under this 
     section in the next fiscal year.
       ``(h) Definitions.--For purposes of this section:
       ``(1) The term `State' means a State of the United States.
       ``(2) The term `territory' means the District of Columbia, 
     Puerto Rico, the Northern Mariana Islands, Guam, American 
     Samoa, and the United States Virgin Islands.''.

     SEC. 20030. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Section 5305.--Section 5305 of title 49, United States 
     Code, is amended--
       (1) in subsection (e)(1)(A), by striking ``sections 5304, 
     5306, 5315, and 5322'' and inserting ``section 5304 and 
     5306'';
       (2) in subsection (f)--
       (A) in the heading, by striking ``Government's'' and 
     inserting ``Government''; and
       (B) by striking ``Government's'' and inserting 
     ``Government''; and
       (3) in subsection (g), by striking ``section 5338(c) for 
     fiscal years 2005 through 2012'' and inserting ``section 
     5338(a)(2)(A) for a fiscal year''.
       (b) Section 5313.--Section 5313(a) of title 49, United 
     States Code, is amended--
       (1) in the first sentence, by striking ``subsections 
     (a)(5)(C)(iii) and (d)(1) of section 5338'' and inserting 
     section ``5338(c)''; and
       (2) in the second sentence, by striking ``of 
     Transportation''.
       (c) Section 5319.--Section 5319 of title 49, United States 
     Code, is amended, in the second sentence--
       (1) by striking ``sections 5307(e), 5309(h), and 5311(g) of 
     this title'' and inserting ``sections 5307(d), 5309(l), and 
     5311(g)''; and
       (2) by striking ``of the United States'' and inserting 
     ``made by the''.
       (d) Section 5325.--Section 5325(b)(2)(A) of title 49, 
     United States Code, is amended by striking ``title 48, Code 
     of Federal Regulations (commonly known as the Federal 
     Acquisition Regulation)'' and inserting ``the Federal 
     Acquisition Regulation, or any successor thereto''.
       (e) Section 5330.--Effective 3 years after the effective 
     date of the final rules issued by the Secretary of 
     Transportation under section 5329(e) of title 49, United 
     States Code, as amended by this division, section 5330 of 
     title 49, United States Code, is repealed.
       (f) Section 5331.--Section 5331 of title 49, United States 
     Code, is amended by striking ``Secretary of Transportation'' 
     each place that term appears and inserting ``Secretary''.
       (g) Section 5332.--Section 5332(c)(1) of title 49, United 
     States Code, is amended by striking ``of Transportation''.
       (h) Section 5333.--Section 5333(a) of title 49, United 
     States Code, is amended by striking ``sections 3141-3144'' 
     and inserting ``sections 3141 through 3144''.
       (i) Section 5334.--Section 5334 of title 49, United States 
     Code, is amended--
       (1) in subsection (c)--
       (A) by striking ``Secretary of Transportation'' each place 
     that term appears and inserting ``Secretary''; and
       (B) in paragraph (1), by striking ``Committees on 
     Transportation and Infrastructure and Appropriations of the 
     House of Representatives and the Committees on Banking, 
     Housing, and Urban Affairs and Appropriations of the Senate'' 
     and inserting ``Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Appropriations of the Senate and 
     the Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of 
     Representatives'';
       (2) in subsection (d), by striking ``of Transportation'';
       (3) in subsection (e), by striking ``of Transportation'';
       (4) in subsection (f), by striking ``of Transportation'';
       (5) in subsection (g), in the matter preceding paragraph 
     (1)--
       (A) by striking ``of Transportation''; and
       (B) by striking ``subsection (a)(3) or (4) of this 
     section'' and inserting ``paragraph (3) or (4) of subsection 
     (a)'';
       (6) in subsection (h)--
       (A) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``of Transportation''; and
       (B) in paragraph (2), by striking ``of this section'';
       (7) in subsection (i)(1), by striking ``of 
     Transportation''; and
       (8) in subsection (j), as so redesignated by section 20025 
     of this division, by striking ``Committees on Banking, 
     Housing, and Urban Affairs and Appropriations of the Senate 
     and Committees on Transportation and Infrastructure and 
     Appropriations of the House of Representatives'' and 
     inserting ``Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Appropriations of the Senate and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Appropriations of the House of 
     Representatives''.
       (j) Section 5335.--Section 5335(a) of title 49, United 
     States Code, is amended by striking ``of Transportation''.
       (k) Analysis.--The analysis for chapter 53 of title 49, 
     United States Code, is amended to read as follows:

``Sec.
``5301. Policies and purposes.
``5302. Definitions.
``5303. Metropolitan transportation planning.
``5304. Statewide and nonmetropolitan transportation planning.
``5305. Planning programs.
``5306. Private enterprise participation in metropolitan planning and 
              transportation improvement programs and relationship to 
              other limitations.
``5307. Urbanized area formula grants.
``[5308. Repealed.]
``5309. Fixed guideway capital investment grants.

[[Page H4516]]

``5310. Formula grants for the enhanced mobility of seniors and 
              individuals with disabilities.
``5311. Formula grants for rural areas.
``5312. Research, development, demonstration, and deployment projects.
``5313. Transit cooperative research program.
``5314. Technical assistance and standards development.
``5315. Private sector participation.
``[5316. Repealed.]
``[5317. Repealed.]
``5318. Bus testing facility.
``5319. Bicycle facilities.
``[5320. Repealed.]
``5321. Crime prevention and security.
``5322. Human resources and training.
``5323. General provisions.
``5324. Public transportation emergency relief program.
``5325. Contract requirements.
``5326. Transit asset management.
``5327. Project management oversight.
``[5328. Repealed.]
``5329. Public transportation safety program.
``5330. State safety oversight.
``5331. Alcohol and controlled substances testing.
``5332. Nondiscrimination.
``5333. Labor standards.
``5334. Administrative provisions.
``5335. National transit database.
``5336. Apportionment of appropriations for formula grants.
``5337. State of good repair grants.
``5338. Authorizations.
``5339. Bus and bus facilities formula grants.
``5340. Apportionments based on growing States and high density States 
              formula factors.''.
  DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY
   TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

     SEC. 31001. SHORT TITLE.

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

     SEC. 31002. DEFINITION.

       In this title, the term ``Secretary'' means the Secretary 
     of Transportation.
                       Subtitle A--Highway Safety

     SEC. 31101. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--The following sums are authorized to be 
     appropriated out of the Highway Trust Fund (other than the 
     Mass Transit Account):
       (1) Highway safety programs.--For carrying out section 402 
     of title 23, United States Code--
       (A) $235,000,000 for fiscal year 2013; and
       (B) $235,000,000 for fiscal year 2014.
       (2) Highway safety research and development.--For carrying 
     out section 403 of title 23, United States Code--
       (A) $110,500,000 for fiscal year 2013; and
       (B) $113,500,000 for fiscal year 2014.
       (3) National priority safety programs.--For carrying out 
     section 405 of title 23, United States Code--
       (A) $265,000,000 for fiscal year 2013; and
       (B) $272,000,000 for fiscal year 2014.
       (4) National driver register.--For the National Highway 
     Traffic Safety Administration to carry out chapter 303 of 
     title 49, United States Code--
       (A) $5,000,000 for fiscal year 2013; and
       (B) $5,000,000 for fiscal year 2014.
       (5) High visibility enforcement program.--For carrying out 
     section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
       (A) $29,000,000 for fiscal year 2013; and
       (B) $29,000,000 for fiscal year 2014.
       (6) Administrative expenses.--For administrative and 
     related operating expenses of the National Highway Traffic 
     Safety Administration in carrying out chapter 4 of title 23, 
     United States Code, and this subtitle--
       (A) $25,500,000 for fiscal year 2013; and
       (B) $25,500,000 for fiscal year 2014.
       (b) Prohibition on Other Uses.--Except as otherwise 
     provided in chapter 4 of title 23, United States Code, in 
     this subtitle, and in the amendments made by this subtitle, 
     the amounts made available from the Highway Trust Fund (other 
     than the Mass Transit Account) for a program under such 
     chapter--
       (1) shall only be used to carry out such program; and
       (2) may not be used by States or local governments for 
     construction purposes.
       (c) Applicability of Title 23.--Except as otherwise 
     provided in chapter 4 of title 23, United States Code, and in 
     this subtitle, amounts made available under subsection (a) 
     for fiscal years 2013 and 2014 shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code.
       (d) Regulatory Authority.--Grants awarded under this 
     subtitle shall be in accordance with regulations issued by 
     the Secretary.
       (e) State Matching Requirements.--If a grant awarded under 
     this subtitle requires a State to share in the cost, the 
     aggregate of all expenditures for highway safety activities 
     made during any fiscal year by the State and its political 
     subdivisions (exclusive of Federal funds) for carrying out 
     the grant (other than planning and administration) shall be 
     available for the purpose of crediting the State during such 
     fiscal year for the non-Federal share of the cost of any 
     project under this subtitle (other than planning or 
     administration) without regard to whether such expenditures 
     were actually made in connection with such project.
       (f) Grant Application and Deadline.--To receive a grant 
     under this subtitle, a State shall submit an application, and 
     the Secretary shall establish a single deadline for such 
     applications to enable the award of grants early in the next 
     fiscal year.

     SEC. 31102. HIGHWAY SAFETY PROGRAMS.

       (a) Programs Included.--Section 402(a) of title 23, United 
     States Code, is amended to read as follows:
       ``(a) Program Required.--
       ``(1) In general.--Each State shall have a highway safety 
     program, approved by the Secretary, that is designed to 
     reduce traffic accidents and the resulting deaths, injuries, 
     and property damage.
       ``(2) Uniform guidelines.--Programs required under 
     paragraph (1) shall comply with uniform guidelines, 
     promulgated by the Secretary and expressed in terms of 
     performance criteria, that--
       ``(A) include programs--
       ``(i) to reduce injuries and deaths resulting from motor 
     vehicles being driven in excess of posted speed limits;
       ``(ii) to encourage the proper use of occupant protection 
     devices (including the use of safety belts and child 
     restraint systems) by occupants of motor vehicles;
       ``(iii) to reduce injuries and deaths resulting from 
     persons driving motor vehicles while impaired by alcohol or a 
     controlled substance;
       ``(iv) to prevent accidents and reduce injuries and deaths 
     resulting from accidents involving motor vehicles and 
     motorcycles;
       ``(v) to reduce injuries and deaths resulting from 
     accidents involving school buses;
       ``(vi) to reduce accidents resulting from unsafe driving 
     behavior (including aggressive or fatigued driving and 
     distracted driving arising from the use of electronic devices 
     in vehicles); and
       ``(vii) to improve law enforcement services in motor 
     vehicle accident prevention, traffic supervision, and post-
     accident procedures;
       ``(B) improve driver performance, including--
       ``(i) driver education;
       ``(ii) driver testing to determine proficiency to operate 
     motor vehicles; and
       ``(iii) driver examinations (physical, mental, and driver 
     licensing);
       ``(C) improve pedestrian performance and bicycle safety;
       ``(D) include provisions for--
       ``(i) an effective record system of accidents (including 
     resulting injuries and deaths);
       ``(ii) accident investigations to determine the probable 
     causes of accidents, injuries, and deaths;
       ``(iii) vehicle registration, operation, and inspection; 
     and
       ``(iv) emergency services; and
       ``(E) to the extent determined appropriate by the 
     Secretary, are applicable to federally administered areas 
     where a Federal department or agency controls the highways or 
     supervises traffic operations.''.
       (b) Administration of State Programs.--Section 402(b) of 
     title 23, United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``and'' at the end;
       (B) by redesignating subparagraph (E) as subparagraph (F);
       (C) by inserting after subparagraph (D) the following:
       ``(E) beginning on the first day of the first fiscal year 
     after the date of enactment of the Motor Vehicle and Highway 
     Safety Improvement Act of 2012 in which a State submits its 
     highway safety plan under subsection (f), provide for a data-
     driven traffic safety enforcement program to prevent traffic 
     violations, crashes, and crash fatalities and injuries in 
     areas most at risk for such incidents, to the satisfaction of 
     the Secretary;''; and
       (D) in subparagraph (F), as redesignated--
       (i) in clause (i), by inserting ``and high-visibility law 
     enforcement mobilizations coordinated by the Secretary'' 
     after ``mobilizations'';
       (ii) in clause (iii), by striking ``and'' at the end;
       (iii) in clause (iv), by striking the period at the end and 
     inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(v) ensuring that the State will coordinate its highway 
     safety plan, data collection, and information systems with 
     the State strategic highway safety plan (as defined in 
     section 148(a)).''; and
       (2) by striking paragraph (3).
       (c) Approved Highway Safety Programs.--Section 402(c) of 
     title 23, United States Code, is amended--
       (1) by striking ``(c) Funds authorized'' and inserting the 
     following:
       ``(c) Use of Funds.--
       ``(1) In general.--Funds authorized'';
       (2) by striking ``Such funds'' and inserting the following:
       ``(2) Apportionment.--Except for amounts identified in 
     section 403(f), funds described in paragraph (1)'';
       (3) by striking ``The Secretary shall not'' and all that 
     follows through ``subsection, a highway safety program'' and 
     inserting ``A highway safety program'';
       (4) by inserting ``A State may use the funds apportioned 
     under this section, in cooperation with neighboring States, 
     for highway safety programs or related projects that may 
     confer benefits on such neighboring States.'' after ``in 
     every State.'';
       (5) by striking ``50 per centum'' and inserting ``20 
     percent''; and
       (6) by striking ``The Secretary shall promptly'' and all 
     that follows and inserting the following:
       ``(3) Reapportionment.--The Secretary shall promptly 
     apportion the funds withheld from a State's apportionment to 
     the State if the Secretary approves the State's highway 
     safety program or determines that the State has begun 
     implementing an approved program, as appropriate, not later 
     than July 31st of the fiscal year for which the funds were 
     withheld. If the Secretary determines that the State did not 
     correct

[[Page H4517]]

     its failure within such period, the Secretary shall 
     reapportion the withheld funds to the other States in 
     accordance with the formula specified in paragraph (2) not 
     later than the last day of the fiscal year.
       ``(4) Automated traffic enforcement systems.--
       ``(A) Prohibition.--A State may not expend funds 
     apportioned to that State under this section to carry out a 
     program to purchase, operate, or maintain an automated 
     traffic enforcement system.
       ``(B) Automated traffic enforcement system defined.--In 
     this paragraph, the term `automated traffic enforcement 
     system' means any camera which captures an image of a vehicle 
     for the purposes only of red light and speed enforcement, and 
     does not include hand held radar and other devices operated 
     by law enforcement officers to make an on-the-scene traffic 
     stop, issue a traffic citation, or other enforcement action 
     at the time of the violation.''.
       (d) Use of Highway Safety Program Funds.--Section 402(g) of 
     title 23, United States Code, is amended to read as follows:
       ``(g) Savings Provision.--
       ``(1) In general.--Except as provided under paragraph (2), 
     nothing in this section may be construed to authorize the 
     appropriation or expenditure of funds for--
       ``(A) highway construction, maintenance, or design (other 
     than design of safety features of highways to be incorporated 
     into guidelines); or
       ``(B) any purpose for which funds are authorized under 
     section 403.
       ``(2) Demonstration projects.--A State may use funds made 
     available to carry out this section to assist in 
     demonstration projects carried out by the Secretary under 
     section 403.''.
       (e) In General.--Section 402 of title 23, United States 
     Code, is amended--
       (1) by striking subsections (k) and (m);
       (2) by redesignating subsections (i) and (j) as subsections 
     (h) and (i), respectively; and
       (3) by redesignating subsection (l) as subsection (j).
       (f) Highway Safety Plan and Reporting Requirements.--
     Section 402 of title 23, United States Code, as amended by 
     this section, is further amended by adding at the end the 
     following:
       ``(k) Highway Safety Plan and Reporting Requirements.--
       ``(1) In general.--With respect to fiscal year 2014, and 
     each fiscal year thereafter, the Secretary shall require each 
     State, as a condition of the approval of the State's highway 
     safety program for that fiscal year, to develop and submit to 
     the Secretary for approval a highway safety plan that 
     complies with the requirements under this subsection.
       ``(2) Timing.--Each State shall submit to the Secretary the 
     highway safety plan not later than July 1st of the fiscal 
     year preceding the fiscal year to which the plan applies.
       ``(3) Contents.--State highway safety plans submitted under 
     paragraph (1) shall include--
       ``(A) performance measures required by the Secretary or 
     otherwise necessary to support additional State safety goals, 
     including--
       ``(i) documentation of current safety levels for each 
     performance measure;
       ``(ii) quantifiable annual performance targets for each 
     performance measure; and
       ``(iii) a justification for each performance target, that 
     explains why each target is appropriate and evidence-based;
       ``(B) a strategy for programming funds apportioned to the 
     State under this section on projects and activities that will 
     allow the State to meet the performance targets described in 
     subparagraph (A);
       ``(C) data and data analysis supporting the effectiveness 
     of proposed countermeasures;
       ``(D) a description of any Federal, State, local, or 
     private funds that the State plans to use, in addition to 
     funds apportioned to the State under this section, to carry 
     out the strategy described in subparagraph (B);
       ``(E) for the fiscal year preceding the fiscal year to 
     which the plan applies, a report on the State's success in 
     meeting State safety goals and performance targets set forth 
     in the previous year's highway safety plan; and
       ``(F) an application for any additional grants available to 
     the State under this chapter.
       ``(4) Performance measures.--For the first highway safety 
     plan submitted under this subsection, the performance 
     measures required by the Secretary under paragraph (2)(A) 
     shall be limited to those developed by the National Highway 
     Traffic Safety Administration and the Governor's Highway 
     Safety Association and described in the report, `Traffic 
     Safety Performance Measures for States and Federal Agencies' 
     (DOT HS 811 025). For subsequent highway safety plans, the 
     Secretary shall coordinate with the Governor's Highway Safety 
     Association in making revisions to the set of required 
     performance measures.
       ``(5) Review of highway safety plans.--
       ``(A) In general.--Not later than 60 days after the date on 
     which a State's highway safety plan is received by the 
     Secretary, the Secretary shall review and approve or 
     disapprove the plan.
       ``(B) Approvals and disapprovals.--
       ``(i) Approvals.--The Secretary shall approve a State's 
     highway safety plan if the Secretary determines that--

       ``(I) the plan and the performance targets contained in the 
     plan are evidence-based and supported by data; and
       ``(II) the plan, once implemented, will allow the State to 
     meet the State's performance targets.

       ``(ii) Disapprovals.--The Secretary shall disapprove a 
     State's highway safety plan if the Secretary determines 
     that--

       ``(I) the plan and the performance targets contained in the 
     plan are not evidence-based or supported by data; or
       ``(II) the plan does not provide for programming of funding 
     in a manner sufficient to allow the State to meet the State's 
     performance targets.

       ``(C) Actions upon disapproval.--If the Secretary 
     disapproves a State's highway safety plan, the Secretary 
     shall--
       ``(i) inform the State of the reasons for such disapproval; 
     and
       ``(ii) require the State to resubmit the plan with any 
     modifications that the Secretary determines to be necessary.
       ``(D) Review of resubmitted plans.--If the Secretary 
     requires a State to resubmit a highway safety plan, with 
     modifications, the Secretary shall review and approve or 
     disapprove the modified plan not later than 30 days after the 
     date on which the Secretary receives such plan.
       ``(E) Public notice.--A State shall make the State's 
     highway safety plan, and decisions of the Secretary 
     concerning approval or disapproval of a revised plan, 
     available to the public.''.
       (g) Teen Traffic Safety Program.--Section 402 of title 23, 
     United States Code, as amended by this section, is further 
     amended by adding at the end the following:
       ``(m) Teen Traffic Safety.--
       ``(1) In general.--Subject to the requirements of a State's 
     highway safety plan, as approved by the Secretary under 
     subsection (k), a State may use a portion of the amounts 
     received under this section to implement statewide efforts to 
     improve traffic safety for teen drivers.
       ``(2) Use of funds.--Statewide efforts under paragraph 
     (1)--
       ``(A) shall include peer-to-peer education and prevention 
     strategies in schools and communities designed to--
       ``(i) increase safety belt use;
       ``(ii) reduce speeding;
       ``(iii) reduce impaired and distracted driving;
       ``(iv) reduce underage drinking; and
       ``(v) reduce other behaviors by teen drivers that lead to 
     injuries and fatalities; and
       ``(B) may include--
       ``(i) working with student-led groups and school advisors 
     to plan and implement teen traffic safety programs;
       ``(ii) providing subgrants to schools throughout the State 
     to support the establishment and expansion of student groups 
     focused on teen traffic safety;
       ``(iii) providing support, training, and technical 
     assistance to establish and expand school and community 
     safety programs for teen drivers;
       ``(iv) creating statewide or regional websites to publicize 
     and circulate information on teen safety programs;
       ``(v) conducting outreach and providing educational 
     resources for parents;
       ``(vi) establishing State or regional advisory councils 
     comprised of teen drivers to provide input and 
     recommendations to the governor and the governor's safety 
     representative on issues related to the safety of teen 
     drivers;
       ``(vii) collaborating with law enforcement; and
       ``(viii) establishing partnerships and promoting 
     coordination among community stakeholders, including public, 
     not-for-profit, and for profit entities.''.
       (h) Biennial Report to Congress.--Section 402 of title 23, 
     United States Code, as amended by this section, is further 
     amended by adding at the end the following:
       ``(n) Biennial Report to Congress.--Not later than October 
     1, 2015, and biennially thereafter, the Secretary shall 
     submit a report to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate that contains--
       ``(1) an evaluation of each State's performance with 
     respect to the State's highway safety plan under subsection 
     (k) and performance targets set by the States in such plans; 
     and
       ``(2) such recommendations as the Secretary may have for 
     improvements to activities carried out under subsection 
     (k).''.

     SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

       Section 403 of title 23, United States Code, is amended--
       (1) by striking subsections (a) through (f) and inserting 
     the following:
       ``(a) Defined Term.--In this section, the term `Federal 
     laboratory' includes--
       ``(1) a government-owned, government-operated laboratory; 
     and
       ``(2) a government-owned, contractor-operated laboratory.
       ``(b) General Authority.--
       ``(1) Research and development activities.--The Secretary 
     may conduct research and development activities, including 
     demonstration projects and the collection and analysis of 
     highway and motor vehicle safety data and related information 
     needed to carry out this section, with respect to--
       ``(A) all aspects of highway and traffic safety systems and 
     conditions relating to--
       ``(i) vehicle, highway, driver, passenger, motorcyclist, 
     bicyclist, and pedestrian characteristics;
       ``(ii) accident causation and investigations;
       ``(iii) communications; and
       ``(iv) emergency medical services, including the 
     transportation of the injured;
       ``(B) human behavioral factors and their effect on highway 
     and traffic safety, including--
       ``(i) driver education;
       ``(ii) impaired driving; and
       ``(iii) distracted driving;
       ``(C) an evaluation of the effectiveness of countermeasures 
     to increase highway and traffic safety, including occupant 
     protection and alcohol- and drug-impaired driving 
     technologies and initiatives;
       ``(D) the development of technologies to detect drug 
     impaired drivers;
       ``(E) research on, evaluations of, and identification of 
     best practices related to driver education programs 
     (including driver education

[[Page H4518]]

     curricula, instructor training and certification, program 
     administration, and delivery mechanisms) and make 
     recommendations for harmonizing driver education and 
     multistage graduated licensing systems; and
       ``(F) the effect of State laws on any aspects, activities, 
     or programs described in subparagraphs (A) through (E).
       ``(2) Cooperation, grants, and contracts.--The Secretary 
     may carry out this section--
       ``(A) independently;
       ``(B) in cooperation with other Federal departments, 
     agencies, and instrumentalities and Federal laboratories;
       ``(C) by entering into contracts, cooperative agreements, 
     and other transactions with the National Academy of Sciences, 
     any Federal laboratory, State or local agency, authority, 
     association, institution, or person (as defined in chapter 1 
     of title 1); or
       ``(D) by making grants to the National Academy of Sciences, 
     any Federal laboratory, State or local agency, authority, 
     association, institution, or person (as defined in chapter 1 
     of title 1).
       ``(c) Collaborative Research and Development.--
       ``(1) In general.--To encourage innovative solutions to 
     highway safety problems, stimulate voluntary improvements in 
     highway safety, and stimulate the marketing of new highway 
     safety related technology by private industry, the Secretary 
     is authorized to carry out, on a cost-shared basis, 
     collaborative research and development with--
       ``(A) non-Federal entities, including State and local 
     governments, colleges, universities, corporations, 
     partnerships, sole proprietorships, organizations, and trade 
     associations that are incorporated or established under the 
     laws of any State or the United States; and
       ``(B) Federal laboratories.
       ``(2) Agreements.--In carrying out this subsection, the 
     Secretary may enter into cooperative research and development 
     agreements (as defined in section 12 of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which 
     the Secretary provides not more than 50 percent of the cost 
     of any research or development project under this subsection.
       ``(3) Use of technology.--The research, development, or use 
     of any technology pursuant to an agreement under this 
     subsection, including the terms under which technology may be 
     licensed and the resulting royalties may be distributed, 
     shall be subject to the provisions of the Stevenson-Wydler 
     Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
       ``(d) Title to Equipment.--In furtherance of the purposes 
     set forth in section 402, the Secretary may vest title to 
     equipment purchased for demonstration projects with funds 
     authorized under this section to State or local agencies on 
     such terms and conditions as the Secretary determines to be 
     appropriate.
       ``(e) Prohibition on Certain Disclosures.--Any report of 
     the National Highway Traffic Safety Administration, or of any 
     officer, employee, or contractor of the National Highway 
     Traffic Safety Administration, relating to any highway 
     traffic accident or the investigation of such accident 
     conducted pursuant to this chapter or chapter 301 may only be 
     made available to the public in a manner that does not 
     identify individuals.
       ``(f) Cooperative Research and Evaluation.--
       ``(1) Establishment and funding.--Notwithstanding the 
     apportionment formula set forth in section 402(c)(2), 
     $2,500,000 of the total amount available for apportionment to 
     the States for highway safety programs under subsection 
     402(c) in each fiscal year shall be available for expenditure 
     by the Secretary, acting through the Administrator of the 
     National Highway Traffic Safety Administration, for a 
     cooperative research and evaluation program to research and 
     evaluate priority highway safety countermeasures.
       ``(2) Administration.--The program established under 
     paragraph (1)--
       ``(A) shall be administered by the Administrator of the 
     National Highway Traffic Safety Administration; and
       ``(B) shall be jointly managed by the Governors Highway 
     Safety Association and the National Highway Traffic Safety 
     Administration.''; and
       (2) by adding at the end the following:
       ``(h) In-vehicle Alcohol Detection Device Research.--
       ``(1) In general.--The Administrator of the National 
     Highway Traffic Safety Administration may carry out a 
     collaborative research effort under chapter 301 of title 49 
     on in-vehicle technology to prevent alcohol-impaired driving.
       ``(2) Funding.--Funds provided under section 405 may be 
     made to be used by the Secretary to conduct the research 
     described in paragraph (1).
       ``(3) Privacy protection.--If the Administrator utilizes 
     the authority under paragraph (1), the Administrator shall 
     not develop requirements for any device or means of 
     technology to be installed in an automobile intended for 
     retail sale that records a driver's blood alcohol 
     concentration.
       ``(4) Reports.--If the Administrator conducts the research 
     authorized under paragraph (1), the Administrator shall 
     submit an annual report to the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, and Committee on Science, Space, and 
     Technology of the House of Representatives that--
       ``(A) describes the progress made in carrying out the 
     collaborative research effort; and
       ``(B) includes an accounting for the use of Federal funds 
     obligated or expended in carrying out that effort.
       ``(5) Definitions.--In this subsection:
       ``(A) Alcohol-impaired driving.--The term `alcohol-impaired 
     driving' means the operation of a motor vehicle (as defined 
     in section 30102(a)(6) of title 49) by an individual whose 
     blood alcohol content is at or above the legal limit.
       ``(B) Legal limit.--The term `legal limit' means a blood 
     alcohol concentration of 0.08 percent or greater (as set 
     forth in section 163(a)) or such other percentage limitation 
     as may be established by applicable Federal, State, or local 
     law.''.

     SEC. 31104. NATIONAL DRIVER REGISTER.

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

     SEC. 31105. NATIONAL PRIORITY SAFETY PROGRAMS.

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

     ``Sec. 405. National priority safety programs

       ``(a) General Authority.--Subject to the requirements of 
     this section, the Secretary of Transportation shall manage 
     programs to address national priorities for reducing highway 
     deaths and injuries. Funds shall be allocated according to 
     the priorities set forth in paragraphs (1) and (2).
       ``(1) Grants to states.--
       ``(A) Occupant protection.--16 percent of the funds 
     provided under this section in each fiscal year shall be 
     allocated among States that adopt and implement effective 
     occupant protection programs to reduce highway deaths and 
     injuries resulting from individuals riding unrestrained or 
     improperly restrained in motor vehicles (as described in 
     subsection (b)).
       ``(B) State traffic safety information system 
     improvements.--14.5 percent of the funds provided under this 
     section in each fiscal year shall be allocated among States 
     that meet the requirements of the State traffic safety 
     information system improvements (as described in subsection 
     (c)).
       ``(C) Impaired driving countermeasures.--52.5 percent of 
     the funds provided under this section in each fiscal year 
     shall be allocated among States that meet the requirements of 
     the impaired driving countermeasures (as described in 
     subsection (d)).
       ``(D) Distracted driving.--8.5 percent of the funds 
     provided under this section in each fiscal year shall be 
     allocated among States that adopt and implement effective 
     laws to reduce distracted driving (as described in subsection 
     (e)).
       ``(E) Motorcyclist safety.--1.5 percent of the funds 
     provided under this section in each fiscal year shall be 
     allocated among States that implement motorcyclist safety 
     programs (as described in subsection (f)).
       ``(F) State graduated driver licensing laws.--5 percent of 
     the funds provided under this section in each fiscal year 
     shall be allocated among States that adopt and implement 
     graduated driver licensing laws (as described in subsection 
     (g)).
       ``(G) Transfers.--Notwithstanding subparagraphs (A) through 
     (F), the Secretary may reallocate, before the last day of any 
     fiscal year, any amounts remaining available to carry out any 
     of the activities described in subsections (b) through (g) to 
     increase the amount made available to carry out any of the 
     other activities described in such subsections, or the amount 
     made available under section 402, in order to ensure, to the 
     maximum extent possible, that all such amounts are obligated 
     during such fiscal year.
       ``(H) Maintenance of effort.--
       ``(i) Requirements.--No grant may be made to a State in any 
     fiscal year under subsection (b), (c), or (d) unless the 
     State enters into such agreements with the Secretary as the 
     Secretary may require to ensure that the State will maintain 
     its aggregate expenditures from all State and local sources 
     for programs described in those sections at or above the 
     average level of such expenditures in its 2 fiscal years 
     preceding the date of enactment of the Motor Vehicle and 
     Highway Safety Improvement Act of 2012.
       ``(ii) Waiver.--Upon the request of a State, the Secretary 
     may waive or modify the requirements under clause (i) for not 
     more than 1 fiscal year if the Secretary determines that such 
     a waiver would be equitable due to exceptional or 
     uncontrollable circumstances.
       ``(2) Other priority programs.--Funds provided under this 
     section in each fiscal year may be used for research into 
     technology to prevent alcohol-impaired driving (as described 
     in subsection 403(h)).
       ``(b) Occupant Protection Grants.--
       ``(1) General authority.--Subject to the requirements under 
     this subsection, the Secretary of Transportation shall award 
     grants to States that adopt and implement effective occupant 
     protection programs to reduce highway deaths and injuries 
     resulting from individuals riding unrestrained or improperly 
     restrained in motor vehicles.
       ``(2) Federal share.--The Federal share of the costs of 
     activities funded using amounts from grants awarded under 
     this subsection may not exceed 80 percent for each fiscal 
     year for which a State receives a grant.
       ``(3) Eligibility.--
       ``(A) High seat belt use rate.--A State with an observed 
     seat belt use rate of 90 percent or higher, based on the most 
     recent data from a survey that conforms with national 
     criteria established by the National Highway Traffic Safety 
     Administration, shall be eligible for a grant in a fiscal 
     year if the State--
       ``(i) submits an occupant protection plan during the first 
     fiscal year;
       ``(ii) participates in the Click It or Ticket national 
     mobilization;
       ``(iii) has an active network of child restraint inspection 
     stations; and
       ``(iv) has a plan to recruit, train, and maintain a 
     sufficient number of child passenger safety technicians.

[[Page H4519]]

       ``(B) Lower seat belt use rate.--A State with an observed 
     seat belt use rate below 90 percent, based on the most recent 
     data from a survey that conforms with national criteria 
     established by the National Highway Traffic Safety 
     Administration, shall be eligible for a grant in a fiscal 
     year if--
       ``(i) the State meets all of the requirements under clauses 
     (i) through (iv) of subparagraph (A); and
       ``(ii) the Secretary determines that the State meets at 
     least 3 of the following criteria:

       ``(I) The State conducts sustained (on-going and periodic) 
     seat belt enforcement at a defined level of participation 
     during the year.
       ``(II) The State has enacted and enforces a primary 
     enforcement seat belt use law.
       ``(III) The State has implemented countermeasure programs 
     for high-risk populations, such as drivers on rural roadways, 
     unrestrained nighttime drivers, or teenage drivers.
       ``(IV) The State has enacted and enforces occupant 
     protection laws requiring front and rear occupant protection 
     use by all occupants in an age-appropriate restraint.
       ``(V) The State has implemented a comprehensive occupant 
     protection program in which the State has--

       ``(aa) conducted a program assessment;
       ``(bb) developed a statewide strategic plan;
       ``(cc) designated an occupant protection coordinator; and
       ``(dd) established a statewide occupant protection task 
     force.

       ``(VI) The State--

       ``(aa) completed an assessment of its occupant protection 
     program during the 3-year period preceding the grant year; or
       ``(bb) will conduct such an assessment during the first 
     year of the grant.
       ``(4) Use of grant amounts.--
       ``(A) In general.--Grant funds received pursuant to this 
     subsection may be used to--
       ``(i) carry out a program to support high-visibility 
     enforcement mobilizations, including paid media that 
     emphasizes publicity for the program, and law enforcement;
       ``(ii) carry out a program to train occupant protection 
     safety professionals, police officers, fire and emergency 
     medical personnel, educators, and parents concerning all 
     aspects of the use of child restraints and occupant 
     protection;
       ``(iii) carry out a program to educate the public 
     concerning the proper use and installation of child 
     restraints, including related equipment and information 
     systems;
       ``(iv) carry out a program to provide community child 
     passenger safety services, including programs about proper 
     seating positions for children and how to reduce the improper 
     use of child restraints;
       ``(v) purchase and distribute child restraints to low-
     income families, provided that not more than 5 percent of the 
     funds received in a fiscal year are used for such purpose; 
     and
       ``(vi) establish and maintain information systems 
     containing data concerning occupant protection, including the 
     collection and administration of child passenger safety and 
     occupant protection surveys.
       ``(B) High seat belt use rate.--A State that is eligible 
     for funds under paragraph (3)(A) may use up to 75 percent of 
     such funds for any project or activity eligible for funding 
     under section 402.
       ``(5) Grant amount.--The allocation of grant funds to a 
     State under this subsection for a fiscal year shall be in 
     proportion to the State's apportionment under section 402 for 
     fiscal year 2009.
       ``(6) Definitions.--In this subsection:
       ``(A) Child restraint.--The term `child restraint' means 
     any device (including child safety seat, booster seat, 
     harness, and excepting seat belts) that is--
       ``(i) designed for use in a motor vehicle to restrain, 
     seat, or position children who weigh 65 pounds (30 kilograms) 
     or less; and
       ``(ii) certified to the Federal motor vehicle safety 
     standard prescribed by the National Highway Traffic Safety 
     Administration for child restraints.
       ``(B) Seat belt.--The term `seat belt' means--
       ``(i) with respect to open-body motor vehicles, including 
     convertibles, an occupant restraint system consisting of a 
     lap belt or a lap belt and a detachable shoulder belt; and
       ``(ii) with respect to other motor vehicles, an occupant 
     restraint system consisting of integrated lap and shoulder 
     belts.
       ``(c) State Traffic Safety Information System 
     Improvements.--
       ``(1) General authority.--Subject to the requirements under 
     this subsection, the Secretary of Transportation shall award 
     grants to States to support the development and 
     implementation of effective State programs that--
       ``(A) improve the timeliness, accuracy, completeness, 
     uniformity, integration, and accessibility of the State 
     safety data that is needed to identify priorities for 
     Federal, State, and local highway and traffic safety 
     programs;
       ``(B) evaluate the effectiveness of efforts to make such 
     improvements;
       ``(C) link the State data systems, including traffic 
     records, with other data systems within the State, such as 
     systems that contain medical, roadway, and economic data;
       ``(D) improve the compatibility and interoperability of the 
     data systems of the State with national data systems and data 
     systems of other States; and
       ``(E) enhance the ability of the Secretary to observe and 
     analyze national trends in crash occurrences, rates, 
     outcomes, and circumstances.
       ``(2) Federal share.--The Federal share of the cost of 
     adopting and implementing in a fiscal year a State program 
     described in this subsection may not exceed 80 percent.
       ``(3) Eligibility.--A State is not eligible for a grant 
     under this subsection in a fiscal year unless the State 
     demonstrates, to the satisfaction of the Secretary, that the 
     State--
       ``(A) has a functioning traffic records coordinating 
     committee (referred to in this paragraph as `TRCC') that 
     meets at least 3 times each year;
       ``(B) has designated a TRCC coordinator;
       ``(C) has established a State traffic record strategic plan 
     that has been approved by the TRCC and describes specific 
     quantifiable and measurable improvements anticipated in the 
     State's core safety databases, including crash, citation or 
     adjudication, driver, emergency medical services or injury 
     surveillance system, roadway, and vehicle databases;
       ``(D) has demonstrated quantitative progress in relation to 
     the significant data program attribute of--
       ``(i) accuracy;
       ``(ii) completeness;
       ``(iii) timeliness;
       ``(iv) uniformity;
       ``(v) accessibility; or
       ``(vi) integration of a core highway safety database; and
       ``(E) has certified to the Secretary that an assessment of 
     the State's highway safety data and traffic records system