In the Senate of the United States, 

April 24 (legislative day, April 23), 2012. 

Resolved, That the bill from the House of Representatives (H.R. 4348) entitled ‘‘An Act 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.’’, do pass with the 

following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DI2 VISIONS; TABLE OF CONTENTS. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Moving Ahead for Progress in the 21st Century Act’’ or 

5 the ‘‘MAP–21’’. 

6 (b) DIVISIONS.—This Act is organized into 8 divisions 

7 as follows: 

8 (1) Division A–Federal-aid Highways and High9 way Safety Construction Programs. 
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1 (2) Division B–Public Transportation. 

2 (3) Division C–Transportation Safety and Sur3 face Transportation Policy. 

4 (4) Division D–Finance. 

5 (5) Division E–Research and Education. 

6 (6) Division F–Miscellaneous. 

7 (7) Division G–Air Transportation. 

8 (8) Division H–Budgetary Effects. 

9 (c) TABLE OF CONTENTS.—The table of contents for 

10 this Act is as follows: 

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

Sec. 2. Definitions. 

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. Transportation mobility program. 

Sec. 1109. Workforce development. 

Sec. 1110. Highway use tax evasion projects. 

Sec. 1111. National bridge and tunnel inventory and inspection standards. 

Sec. 1112. Highway safety improvement program. 

Sec. 1113. Congestion mitigation and air quality improvement program. 

Sec. 1114. Territorial and Puerto Rico highway program. 

Sec. 1115. National freight program. 

Sec. 1116. Federal lands and tribal transportation programs. 

Sec. 1117. Alaska Highway. 

Sec. 1118. Projects of national and regional significance. 

Sec. 1119. Construction of ferry boats and ferry terminal facilities. 

Subtitle B—Performance Management 

Sec. 1201. Metropolitan transportation planning. 

Sec. 1202. Statewide and nonmetropolitan transportation planning. 

Sec. 1203. National goals. 
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Subtitle C—Acceleration of Project Delivery 

Sec. 1301. Project delivery initiative. 

Sec. 1302. Clarified eligibility for early acquisition activities prior to completion 

of NEPA review. 

Sec. 1303. Efficiencies in contracting. 

Sec. 1304. Innovative project delivery methods. 

Sec. 1305. Assistance to affected State and Federal agencies. 

Sec. 1306. Application of categorical exclusions for multimodal projects. 

Sec. 1307. State assumption of responsibilities for categorical exclusions. 

Sec. 1308. Surface transportation project delivery program. 

Sec. 1309. Categorical exclusion for projects within the right-of-way. 

Sec. 1310. Programmatic agreements and additional categorical exclusions. 

Sec. 1311. Accelerated decisionmaking in environmental reviews. 

Sec. 1312. Memoranda of agency agreements for early coordination. 

Sec. 1313. Accelerated decisionmaking. 

Sec. 1314. Environmental procedures initiative. 

Sec. 1315. Alternative relocation payment demonstration program. 

Sec. 1316. Review of Federal project and program delivery. 

Subtitle D—Highway Safety 

Sec. 1401. Jason’s Law. 

Sec. 1402. Open container requirements. 

Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated 

or driving under the influence. 

Sec. 1404. Adjustments to penalty provisions. 

Sec. 1405. Highway worker safety. 

Subtitle E—Miscellaneous 

Sec. 1501. Program efficiencies. 

Sec. 1502. Project approval and oversight. 

Sec. 1503. Standards. 

Sec. 1504. Construction. 

Sec. 1505. Maintenance. 

Sec. 1506. Federal share payable. 

Sec. 1507. Transferability of Federal-aid highway funds. 

Sec. 1508. Special permits during periods of national emergency. 

Sec. 1509. Electric vehicle charging stations. 

Sec. 1510. HOV facilities. 

Sec. 1511. Construction equipment and vehicles. 

Sec. 1512. Use of debris from demolished bridges and overpasses. 

Sec. 1513. Extension of public transit vehicle exemption from axle weight restrictions. 

Sec. 1514. Uniform Relocation Assistance Act amendments. 

Sec. 1515. Use of youth service and conservation corps. 

Sec. 1516. Consolidation of programs; repeal of obsolete provisions. 

Sec. 1517. Rescissions. 

Sec. 1518. State autonomy for culvert pipe selection. 

Sec. 1519. Effective and significant performance measures. 

Sec. 1520. Requirements for eligible bridge projects. 

Sec. 1521. Idle reduction technology. 

Sec. 1522. Report on Highway Trust Fund expenditures. 

Sec. 1523. Evacuation routes. 
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Sec. 1524. Defense access road program enhancements to address transportation 

infrastructure in the vicinity of military installations. 

Sec. 1525. Express lanes demonstration program. 

Sec. 1526. Treatment of historic signs. 

Sec. 1527. Consolidation of grants. 

Sec. 1528. Buy America provisions. 

Sec. 1529. Exemptions from requirements for certain farm vehicles. 

Sec. 1530. Appalachian development highway system. 

Sec. 1531. Denali Commission. 

Sec. 1532. Updated corrosion control and prevention report. 

Sec. 1533. Harbor Maintenance trust fund. 

Sec. 1534. Enrichment technology and intellectual property. 

Sec. 1535. Sense of Senate concerning expenditious completion of environmental 

reviews, approvals, licensing, and permit requirements. 

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. Effect. 

Subtitle G—Land and Water Conservation Fund 

Sec. 1701. Land and water conservation fund. 

Subtitle H—Offsets 

Sec. 1801. Delay in application of worldwide interest. 

TITLE II—AMERICA FAST FORWARD FINANCING INNOVATION 

Sec. 2001. Short title. 

Sec. 2002. Transportation Infrastructure Finance and Innovation Act amendments. 

Sec. 2003. State infrastructure banks. 

TITLE III—HIGHWAY SPENDING CONTROLS 

Sec. 3001. Highway spending controls. 

DIVISION B—PUBLIC TRANSPORTATION 

Sec. 20001. Short title. 

Sec. 20002. Repeals. 

Sec. 20003. Policies, purposes, and goals. 

Sec. 20004. Definitions. 

Sec. 20005. Metropolitan transportation planning. 

Sec. 20006. Statewide and nonmetropolitan transportation planning. 

Sec. 20007. Public Transportation Emergency Relief Program. 

Sec. 20008. Urbanized area formula grants. 

Sec. 20009. Clean fuel grant program. 

Sec. 20010. Fixed guideway capital investment grants. 

Sec. 20011. Formula grants for the enhanced mobility of seniors and individuals 

with disabilities. 

Sec. 20012. Formula grants for other than urbanized areas. 
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Sec. 20013. Research, development, demonstration, and deployment projects. 

Sec. 20014. Technical assistance and standards development. 

Sec. 20015. Bus testing facilities. 

Sec. 20016. Public transportation workforce development and human resource 

programs. 

Sec. 20017. General provisions. 

Sec. 20018. Contract requirements. 

Sec. 20019. Transit asset management. 

Sec. 20020. Project management oversight. 

Sec. 20021. Public transportation safety. 

Sec. 20022. Alcohol and controlled substances testing. 

Sec. 20023. Nondiscrimination. 

Sec. 20024. Labor standards. 

Sec. 20025. Administrative provisions. 

Sec. 20026. National transit database. 

Sec. 20027. Apportionment of appropriations for formula grants. 

Sec. 20028. State of good repair grants. 

Sec. 20029. Authorizations. 

Sec. 20030. Apportionments based on growing States and high density States formula factors. 

Sec. 20031. Technical and conforming amendments. 

DIVISION C—TRANSPORTATION SAFETY AND SURFACE 

TRANSPORTATION POLICY 

TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT 

ACT OF 2012 

Sec. 31001. Short title. 

Sec. 31002. Definition. 

Subtitle A—Highway Safety 

Sec. 31101. Authorization of appropriations. 

Sec. 31102. Highway safety programs. 

Sec. 31103. Highway safety research and development. 

Sec. 31104. National driver register. 

Sec. 31105. Combined occupant protection grants. 

Sec. 31106. State traffic safety information system improvements. 

Sec. 31107. Impaired driving countermeasures. 

Sec. 31108. Distracted driving grants. 

Sec. 31109. High visibility enforcement program. 

Sec. 31110. Motorcyclist safety. 

Sec. 31111. Driver alcohol detection system for safety research. 

Sec. 31112. State graduated driver licensing laws. 

Sec. 31113. Agency accountability. 

Sec. 31114. Emergency medical services. 

Subtitle B—Enhanced Safety Authorities 

Sec. 31201. Definition of motor vehicle equipment. 

Sec. 31202. Permit reminder system for non-use of safety belts. 

Sec. 31203. Civil penalties. 

Sec. 31204. Motor vehicle safety research and development. 

Sec. 31205. Odometer requirements. 

Sec. 31206. Increased penalties and damages for odometer fraud. 
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Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equipment to defective vehicles and equipment. 

Sec. 31208. Financial responsibility requirements for importers. 

Sec. 31209. Conditions on importation of vehicles and equipment. 

Sec. 31210. Port inspections; samples for examination or testing. 

Subtitle C—Transparency and Accountability 

Sec. 31301. Improved National Highway Traffic Safety Administration vehicle 

safety database. 

Sec. 31302. National Highway Traffic Safety Administration hotline for manufacturer, dealer, and mechanic personnel. 

Sec. 31303. Consumer notice of software updates and other communications with 

dealers. 

Sec. 31304. Public availability of early warning data. 

Sec. 31305. Corporate responsibility for National Highway Traffic Safety Administration reports. 

Sec. 31306. Passenger motor vehicle information program. 

Sec. 31307. Promotion of vehicle defect reporting. 

Sec. 31308. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees. 

Sec. 31309. Anti-revolving door. 

Sec. 31310. Study of crash data collection. 

Sec. 31311. Update means of providing notification; improving efficacy of recalls. 

Sec. 31312. Expanding choices of remedy available to manufacturers of replacement equipment. 

Sec. 31313. Recall obligations and bankruptcy of manufacturer. 

Sec. 31314. Repeal of insurance reports and information provision. 

Sec. 31315. Monroney sticker to permit additional safety rating categories. 

Subtitle D—Vehicle Electronics and Safety Standards 

Sec. 31401. National Highway Traffic Safety Administration electronics, software, and engineering expertise. 

Sec. 31402. Vehicle stopping distance and brake override standard. 

Sec. 31403. Pedal placement standard. 

Sec. 31404. Electronic systems performance standard. 

Sec. 31405. Pushbutton ignition systems standard. 

Sec. 31406. Vehicle event data recorders. 

Sec. 31407. Prohibition on electronic visual entertainment in driver’s view. 

Sec. 31408. Commercial motor vehicle rollover prevention and crash mitigation. 

Subtitle E—Child Safety Standards 

Sec. 31501. Child safety seats. 

Sec. 31502. Child restraint anchorage systems. 

Sec. 31503. Rear seat belt reminders. 

Sec. 31504. Unattended passenger reminders. 

Sec. 31505. New deadline. 

Subtitle F—Improved Daytime and Nighttime Visibility of Agricultural 

Equipment 

Sec. 31601. Rulemaking on visibility of agricultural equipment. 
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TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT 

ACT OF 2012 

Sec. 32001. Short title. 

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

Subtitle A—Commercial Motor Vehicle Registration 

Sec. 32101. Registration of motor carriers. 

Sec. 32102. Safety fitness of new operators. 

Sec. 32103. Reincarnated carriers. 

Sec. 32104. Financial responsibility requirements. 

Sec. 32105. USDOT number registration requirement. 

Sec. 32106. Registration fee system. 

Sec. 32107. Registration update. 

Sec. 32108. Increased penalties for operating without registration. 

Sec. 32109. Revocation of registration for imminent hazard. 

Sec. 32110. Revocation of registration and other penalties for failure to respond 

to subpoena. 

Sec. 32111. Fleetwide out of service order for operating without required registration. 

Sec. 32112. Motor carrier and officer patterns of safety violations. 

Sec. 32113. Federal successor standard. 

Subtitle B—Commercial Motor Vehicle Safety 

Sec. 32201. Repeal of commercial jurisdiction exception for brokers of motor carriers of passengers. 

Sec. 32202. Bus rentals and definition of employer. 

Sec. 32203. Crashworthiness standards. 

Sec. 32204. Canadian safety rating reciprocity. 

Sec. 32205. State reporting of foreign commercial driver convictions. 

Sec. 32206. Authority to disqualify foreign commercial drivers. 

Sec. 32207. Revocation of foreign motor carrier operating authority for failure to 

pay civil penalties. 

Sec. 32208. Rental truck accident study. 

Subtitle C—Driver Safety 

Sec. 32301. Electronic on-board recording devices. 

Sec. 32302. Safety fitness. 

Sec. 32303. Driver medical qualifications. 

Sec. 32304. Commercial driver’s license notification system. 

Sec. 32305. Commercial motor vehicle operator training. 

Sec. 32306. Commercial driver’s license program. 

Sec. 32307. Commercial driver’s license requirements. 

Sec. 32308. Commercial motor vehicle driver information systems. 

Sec. 32309. Disqualifications based on non-commercial motor vehicle operations. 

Sec. 32310. Federal driver disqualifications. 

Sec. 32311. Employer responsibilities. 

Sec. 32312. Improving and expediting safety assessments in the commercial driver’s license application process for members and former members 

of the Armed Forces. 

Subtitle D—Safe Roads Act of 2012 

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

Sec. 32403. Drug and alcohol violation sanctions. 

Sec. 32404. Authorization of appropriations. 

Subtitle E—Enforcement 

Sec. 32501. Inspection demand and display of credentials. 

Sec. 32502. Out of service penalty for denial of access to records. 

Sec. 32503. Penalties for violation of operation out of service orders. 

Sec. 32504. Minimum prohibition on operation for unfit carriers. 

Sec. 32505. Minimum out of service penalties. 

Sec. 32506. Impoundment and immobilization of commercial motor vehicles for 

imminent hazard. 

Sec. 32507. Increased penalties for evasion of regulations. 

Sec. 32508. Failure to pay civil penalty as a disqualifying offense. 

Sec. 32509. Violations relating to commercial motor vehicle safety regulation and 

operators. 

Sec. 32510. Emergency disqualification for imminent hazard. 

Sec. 32511. Intrastate operations of interstate motor carriers. 

Sec. 32512. Enforcement of safety laws and regulations. 

Sec. 32513. Disclosure to State and local law enforcement agencies. 

Sec. 32514. Grade crossing safety regulations. 

Subtitle F—Compliance, Safety, Accountability 

Sec. 32601. Compliance, safety, accountability. 

Sec. 32602. Performance and registration information systems management program. 

Sec. 32603. Commercial motor vehicle defined. 

Sec. 32604. Driver safety fitness ratings. 

Sec. 32605. Uniform electronic clearance for commercial motor vehicle inspections. 

Sec. 32606. Authorization of appropriations. 

Sec. 32607. High risk carrier reviews. 

Sec. 32608. Data and technology grants. 

Sec. 32609. Driver safety grants. 

Sec. 32610. Commercial vehicle information systems and networks. 

Subtitle G—Motorcoach Enhanced Safety Act of 2012 

Sec. 32701. Short title. 

Sec. 32702. Definitions. 

Sec. 32703. Regulations for improved occupant protection, passenger evacuation, 

and crash avoidance. 

Sec. 32704. Standards for improved fire safety. 

Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire extinguisher research and testing. 

Sec. 32706. Motorcoach registration. 

Sec. 32707. Improved oversight of motorcoach service providers. 

Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of 

certification of training programs. 

Sec. 32709. Report on driver’s license requirements for 9- to 15-passenger vans. 

Sec. 32710. Event data recorders. 

Sec. 32711. Safety inspection program for commercial motor vehicles of passengers. 
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Sec. 32712. Distracted driving. 

Sec. 32713. Regulations. 

Subtitle H—Safe Highways and Infrastructure Preservation 

Sec. 32801. Comprehensive truck size and weight limits study. 

Sec. 32802. Compilation of existing State truck size and weight limit laws. 

Subtitle I—Miscellaneous 

PART I—MISCELLANEOUS

Sec. 32911. Detention time study. 

Sec. 32912. Prohibition of coercion. 

Sec. 32913. Motor carrier safety advisory committee. 

Sec. 32914. Waivers, exemptions, and pilot programs. 

Sec. 32915. Registration requirements. 

Sec. 32916. Additional motor carrier registration requirements. 

Sec. 32917. Registration of freight forwarders and brokers. 

Sec. 32918. Effective periods of registration. 

Sec. 32919. Financial security of brokers and freight forwarders. 

Sec. 32920. Unlawful brokerage activities. 

PART II—HOUSEHOLD GOODS TRANSPORTATION

Sec. 32921. Additional registration requirements for household goods motor carriers. 

Sec. 32922. Failure to give up possession of household goods. 

Sec. 32923. Settlement authority. 

Sec. 32924. Household goods transportation assistance program. 

Sec. 32925. Household goods consumer education program. 

PART III—TECHNICAL AMENDMENTS

Sec. 32931. Update of obsolete text. 

Sec. 32932. Correction of interstate commerce commission references. 

Sec. 32933. Technical and conforming amendments. 

TITLE III—SURFACE TRANSPORTATION AND FREIGHT POLICY ACT 

OF 2012 

Sec. 33001. Short title. 

Sec. 33002. Establishment of a national surface transportation and freight policy. 

Sec. 33003. Surface transportation and freight strategic plan. 

Sec. 33004. Transportation investment data and planning tools. 

Sec. 33005. Port infrastructure development initiative. 

Sec. 33006. Safety for motorized and nonmotorized users. 

Sec. 33007. Buy America waiver requirements. 

Sec. 33008. Make it in America Initiative. 

Sec. 33009. Capacity-building for natural disasters and extreme weather. 

Sec. 33010. Toll fairness study. 

TITLE IV—HAZARDOUS MATERIALS TRANSPORTATION SAFETY 

IMPROVEMENT ACT OF 2012 

Sec. 34001. Short title. 

Sec. 34002. Definition. 

Sec. 34003. References to title 49, United States Code. 
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Sec. 34004. Training for emergency responders. 

Sec. 34005. Paperless Hazard Communications Pilot Program. 

Sec. 34006. Improving data collection, analysis, and reporting. 

Sec. 34007. Loading and unloading of hazardous materials. 

Sec. 34008. Hazardous material technical assessment, research and development, 

and analysis program. 

Sec. 34009. Hazardous Material Enforcement Training Program. 

Sec. 34010. Inspections. 

Sec. 34011. Civil penalties. 

Sec. 34012. Reporting of fees. 

Sec. 34013. Special permits, approvals, and exclusions. 

Sec. 34014. Highway routing disclosures. 

Sec. 34015. Authorization of appropriations. 

TITLE V—NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, 

AND DEVELOPMENT ACT OF 2012 

Sec. 35001. Short title. 

Sec. 35002. References to title 49, United States Code. 

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

Sec. 35101. Rail plans. 

Sec. 35102. Improved data on delay. 

Sec. 35103. Data and modeling. 

Sec. 35104. Shared-use corridor study. 

Sec. 35105. Cooperative equipment pool. 

Sec. 35106. Project management oversight and planning. 

Sec. 35107. Improvements to the Capital Assistance Programs. 

Sec. 35108. Liability. 

Sec. 35109. Disadvantaged business enterprises. 

Sec. 35110. Workforce development. 

Sec. 35111. Veterans employment. 

Subtitle B—Amtrak 

Sec. 35201. State-supported routes. 

Sec. 35202. Northeast corridor infrastructure and operations advisory commission. 

Sec. 35203. Northeast corridor high-speed rail improvement plan. 

Sec. 35204. Northeast corridor environmental review process. 

Sec. 35205. Delegation authority. 

Sec. 35206. Amtrak inspector general. 

Sec. 35207. Compensation for private-sector use of Federally-funded assets. 

Sec. 35208. On-time performance. 

Sec. 35209. Board of directors. 

Sec. 35210. Amtrak. 

Subtitle C—Rail Safety Improvements 

Sec. 35301. Positive train control. 

Sec. 35302. Additional eligibility for railroad rehabilitation and improvement financing. 

Sec. 35303. FCC study of spectrum availability. 
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Subtitle D—Freight Rail 

Sec. 35401. Rail line relocation. 

Sec. 35402. Compilation of complaints. 

Sec. 35403. Maximum relief in certain rate cases. 

Sec. 35404. Rate review timelines. 

Sec. 35405. Revenue adequacy study. 

Sec. 35406. Quarterly reports. 

Sec. 35407. Workforce review. 

Sec. 35408. Railroad rehabilitation and improvement financing. 

Subtitle E—Technical Corrections 

Sec. 35501. Technical corrections. 

Sec. 35502. Condemnation authority. 

Subtitle F—Licensing and Insurance Requirements for Passenger Rail Carriers 

Sec. 35601. Certification of passenger rail carriers. 

TITLE VI—SPORT FISH RESTORATION AND RECREATIONAL 

BOATING SAFETY ACT OF 2012 

Sec. 36001. Short title. 

Sec. 36002. Amendment of Federal Aid in Sport Fish Restoration Act. 

TITLE VII—MISCELLANEOUS 

Sec. 37001. Aircraft noise abatement. 

DIVISION D—FINANCE 

Sec. 40001. Short title. 

TITLE I—EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 

AUTHORITY AND RELATED TAXES 

Sec. 40101. Extension of trust fund expenditure authority. 

Sec. 40102. Extension of highway-related taxes. 

TITLE II—OTHER PROVISIONS 

Sec. 40201. Temporary increase in small issuer exception to tax-exempt interest 

expense allocation rules for financial institutions. 

Sec. 40202. Temporary modification of alternative minimum tax limitations on 

tax-exempt bonds. 

Sec. 40203. Issuance of TRIP bonds by State infrastructure banks. 

Sec. 40204. Extension of parity for exclusion from income for employer-provided 

mass transit and parking benefits. 

Sec. 40205. Exempt-facility bonds for sewage and water supply facilities. 

TITLE III—REVENUE PROVISIONS 

Sec. 40301. Transfer from Leaking Underground Storage Tank Trust Fund to 

Highway Trust Fund. 

Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund financing 

rate transferred to Highway Trust Fund. 

Sec. 40303. Transfer of gas guzzler taxes to Highway Trust Fund. 

Sec. 40304. Revocation or denial of passport in case of certain unpaid taxes. 
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Sec. 40305. 100 percent continuous levy on payments to Medicare providers and 

suppliers. 

Sec. 40306. Transfer of amounts attributable to certain duties on imported vehicles into the Highway Trust Fund. 

Sec. 40307. Treatment of securities of a controlled corporation exchanged for assets in certain reorganizations. 

Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan Accounts. 

Sec. 40309. Depreciation and amortization rules for highway and related property subject to long-term leases. 

Sec. 40310. Extension for transfers of excess pension assets to retiree health accounts. 

Sec. 40311. Transfer of excess pension assets to retiree group term life insurance 

accounts. 

Sec. 40312. Pension funding stabilization. 

Sec. 40313. Additional transfers to Highway Trust Fund. 

Sec. 40314. Transfers to Federal Old-Age and Survivors Insurance Trust Fund 

and Federal Disability Insurance 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. Prize authority. 

Sec. 52010. University transportation centers program. 

Sec. 52011. Bureau of transportation statistics. 

Sec. 52012. Administrative authority. 

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. 
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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. 100112. Tax reporting for life settlement transactions. 

Sec. 100113. Clarification of tax basis of life insurance contracts. 

Sec. 100114. Exception to transfer for valuable consideration rules. 

Sec. 100115. Phased retirement authority. 

Sec. 100116. Roll-your-own cigarette machines. 

TITLE II—STOP TAX HAVEN ABUSE 

Sec. 100201. Authorizing special measures against foreign jurisdictions, financial 

institutions, and others that significantly impede United States 

tax enforcement. 

DIVISION G—AIR TRANSPORTATION 

Sec. 100301. Technical corrections relating to overflights of National Parks. 

DIVISION H—BUDGETARY EFFECTS 

Sec. 100401. Budgetary effects. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) DEPARTMENT.—The term ‘‘Department’’ 

4 means the Department of Transportation. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Transportation. 
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1 DIVISION A—FEDERAL-AID HIGH2 WAYS AND HIGHWAY SAFETY 

3 CONSTRUCTION PROGRAMS 

4 TITLE I—FEDERAL-AID 

5 HIGHWAYS 

6 Subtitle A—Authorizations and 

7 Programs 

8 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) IN GENERAL.—The following sums are authorized 

10 to be appropriated out of the Highway Trust Fund (other 

11 than the Mass Transit Account): 

12 (1) FEDERAL-AID HIGHWAY PROGRAM.—For the 

13 national highway performance program under section 

14 119 of title 23, United States Code, the transportation 

15 mobility program under section 133 of that title, the 

16 highway safety improvement program under section 

17 148 of that title, the congestion mitigation and air 

18 quality improvement program under section 149 of 

19 that title, the national freight program under section 

20 167 of that title, and to carry out section 134 of that 

21 title— 

22 (A) $39,143,000,000 for fiscal year 2012; 

23 and 

24 (B) $39,806,000,000 for fiscal year 2013. 
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1 (2) TRANSPORTATION INFRASTRUCTURE FINANCE

2 AND INNOVATION PROGRAM.—For credit assistance 

3 under the transportation infrastructure finance and 

4 innovation program under chapter 6 of title 23, 

5 United States Code, $1,000,000,000 for each of fiscal 

6 years 2012 and 2013. 

7 (3) FEDERAL LANDS AND TRIBAL TRANSPOR8 TATION PROGRAMS.— 

9 (A) TRIBAL TRANSPORTATION PROGRAM.— 

10 For the tribal transportation program under sec11 tion 202 of title 23, United States Code, 

12 $450,000,000 for each of fiscal years 2012 and 

13 2013. 

14 (B) FEDERAL LANDS TRANSPORTATION PRO15 GRAM.—For the Federal lands transportation 

16 program under section 203 of title 23, United 

17 States Code, $300,000,000 for each of fiscal years 

18 2012 and 2013, of which $260,000,000 of the 

19 amount made available for each fiscal year shall 

20 be the amount for the National Park Service and 

21 the United States Fish and Wildlife Service. 

22 (C) FEDERAL LANDS ACCESS PROGRAM.— 

23 For the Federal lands access program under sec24 tion 204 of title 23, United States Code, 
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1 $250,000,000 for each of fiscal years 2012 and 

2 2013. 

3 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

4 PROGRAM.—For the territorial and Puerto Rico high5 way program under section 165 of title 23, United 

6 States Code, $180,000,000 for each of fiscal years 

7 2012 and 2013. 

8 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

9 (1) DEFINITIONS.—In this subsection, the fol10 lowing definitions apply: 

11 (A) SMALL BUSINESS CONCERN.— 

12 (i) IN GENERAL.—The term ‘‘small 

13 business concern’’ means a small business 

14 concern (as the term is used in section 3 of 

15 the Small Business Act (15 U.S.C. 632)). 

16 (ii) EXCLUSIONS.—The term ‘‘small 

17 business concern’’ does not include any con18 cern or group of concerns controlled by the 

19 same socially and economically disadvan20 taged individual or individuals that have 

21 average annual gross receipts during the 

22 preceding 3 fiscal years in excess of 

23 $22,410,000, as adjusted annually by the 

24 Secretary for inflation. 
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1 (B) SOCIALLY AND ECONOMICALLY DIS2 ADVANTAGED INDIVIDUALS.—The term ‘‘socially 

3 and economically disadvantaged individuals’’ 

4 means— 

5 (i) women; and 

6 (ii) any other socially and economi7 cally disadvantaged individuals (as the 

8 term is used in section 8(d) of the Small 

9 Business Act (15 U.S.C. 637(d)) and rel10 evant subcontracting regulations promul11 gated pursuant to that Act). 

12 (2) AMOUNTS FOR SMALL BUSINESS CON13 CERNS.—Except to the extent that the Secretary deter14 mines otherwise, not less than 10 percent of the 

15 amounts made available for any program under divi16 sions A and B of this Act and section 403 of title 23, 

17 United States Code, shall be expended through small 

18 business concerns owned and controlled by socially 

19 and economically disadvantaged individuals. 

20 (3) ANNUAL LISTING OF DISADVANTAGED BUSI21 NESS ENTERPRISES.—Each State shall annually— 

22 (A) survey and compile a list of the small 

23 business concerns referred to in paragraph (2) in 

24 the State, including the location of the small 

25 business concerns in the State; and 
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1 (B) notify the Secretary, in writing, of the 

2 percentage of the small business concerns that 

3 are controlled by— 

4 (i) women; 

5 (ii) socially and economically dis6 advantaged individuals (other than 

7 women); and 

8 (iii) individuals who are women and 

9 are otherwise socially and economically dis10 advantaged individuals. 

11 (4) UNIFORM CERTIFICATION.— 

12 (A) IN GENERAL.—The Secretary shall es13 tablish minimum uniform criteria for use by 

14 State governments in certifying whether a con15 cern qualifies as a small business concern for the 

16 purpose of this subsection. 

17 (B) INCLUSIONS.—The minimum uniform 

18 criteria established under subparagraph (A) shall 

19 include, with respect to a potential small busi20 ness concern— 

21 (i) on-site visits; 

22 (ii) personal interviews with personnel; 

23 (iii) issuance or inspection of licenses; 

24 (iv) analyses of stock ownership; 

25 (v) listings of equipment; 
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1 (vi) analyses of bonding capacity; 

2 (vii) listings of work completed; 

3 (viii) examination of the resumes of 

4 principal owners; 

5 (ix) analyses of financial capacity; 

6 and 

7 (x) analyses of the type of work pre8 ferred. 

9 (5) REPORTING.—The Secretary shall establish 

10 minimum requirements for use by State governments 

11 in reporting to the Secretary— 

12 (A) information concerning disadvantaged 

13 business enterprise awards, commitments, and 

14 achievements; and 

15 (B) such other information as the Secretary 

16 determines to be appropriate for the proper mon17 itoring of the disadvantaged business enterprise 

18 program. 

19 (6) COMPLIANCE WITH COURT ORDERS.—Noth20 ing in this subsection limits the eligibility of an indi21 vidual or entity to receive funds made available 

22 under divisions A and B of this Act and section 403 

23 of title 23, United States Code, if the entity or person 

24 is prevented, in whole or in part, from complying 

25 with paragraph (2) because a Federal court issues a 
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1 final order in which the court finds that a require2 ment or the implementation of paragraph (2) is un3 constitutional. 

4 SEC. 1102. OBLIGATION CEILING. 

5 (a) GENERAL LIMITATION.—Subject to subsection (e), 

6 and notwithstanding any other provision of law, the obliga7 tions for Federal-aid highway and highway safety construc8 tion programs shall not exceed— 

9 (1) $41,564,000,000 for fiscal year 2012; and 

10 (2) $42,227,000,000 for fiscal year 2013. 

11 (b) EXCEPTIONS.—The limitations under subsection 

12 (a) shall not apply to obligations under or for— 

13 (1) section 125 of title 23, United States Code; 

14 (2) section 147 of the Surface Transportation As15 sistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 

16 2714); 

17 (3) section 9 of the Federal-Aid Highway Act of 

18 1981 (95 Stat. 1701); 

19 (4) subsections (b) and (j) of section 131 of the 

20 Surface Transportation Assistance Act of 1982 (96 

21 Stat. 2119); 

22 (5) subsections (b) and (c) of section 149 of the 

23 Surface Transportation and Uniform Relocation As24 sistance Act of 1987 (101 Stat. 198); 
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1 (6) sections 1103 through 1108 of the Intermodal 

2 Surface Transportation Efficiency Act of 1991 (105 

3 Stat. 2027); 

4 (7) section 157 of title 23, United States Code 

5 (as in effect on June 8, 1998); 

6 (8) section 105 of title 23, United States Code 

7 (as in effect for fiscal years 1998 through 2004, but 

8 only in an amount equal to $639,000,000 for each of 

9 those fiscal years); 

10 (9) Federal-aid highway programs for which ob11 ligation authority was made available under the 

12 Transportation Equity Act for the 21st Century (112 

13 Stat. 107) or subsequent Acts for multiple years or to 

14 remain available until expended, but only to the ex15 tent that the obligation authority has not lapsed or 

16 been used; 

17 (10) section 105 of title 23, United States Code 

18 (but, for each of fiscal years 2005 through 2011, only 

19 in an amount equal to $639,000,000 for each of those 

20 fiscal years); 

21 (11) section 1603 of the Safe, Accountable, Flexi22 ble, Efficient Transportation Equity Act: A Legacy 

23 for Users (119 Stat. 1248), to the extent that funds 

24 obligated in accordance with that section were not 

25 subject to a limitation on obligations at the time at 
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1 which the funds were initially made available for ob2 ligation; and 

3 (12) section 119 of title 23, United States Code 

4 (but, for each of fiscal years 2012 through 2013, only 

5 in an amount equal to $639,000,000 for each of those 

6 fiscal years). 

7 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For 

8 each of fiscal years 2012 through 2013, the Secretary— 

9 (1) shall not distribute obligation authority pro10 vided by subsection (a) for the fiscal year for— 

11 (A) amounts authorized for administrative 

12 expenses and programs by section 104(a) of title 

13 23, United States Code; and 

14 (B) amounts authorized for the Bureau of 

15 Transportation Statistics; 

16 (2) shall not distribute an amount of obligation 

17 authority provided by subsection (a) that is equal to 

18 the unobligated balance of amounts— 

19 (A) made available from the Highway Trust 

20 Fund (other than the Mass Transit Account) for 

21 Federal-aid highway and highway safety con22 struction programs for previous fiscal years the 

23 funds for which are allocated by the Secretary 

24 (or apportioned by the Secretary under sections 

25 202 or 204 of title 23, United States Code); and 
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1 (B) for which obligation authority was pro2 vided in a previous fiscal year; 

3 (3) shall determine the proportion that— 

4 (A) the obligation authority provided by 

5 subsection (a) for the fiscal year, less the aggre6 gate of amounts not distributed under para7 graphs (1) and (2) of this subsection; bears to 

8 (B) the total of the sums authorized to be 

9 appropriated for the Federal-aid highway and 

10 highway safety construction programs (other 

11 than sums authorized to be appropriated for pro12 visions of law described in paragraphs (1) 

13 through (11) of subsection (b) and sums author14 ized to be appropriated for section 119 of title 

15 23, United States Code, equal to the amount re16 ferred to in subsection (b)(12) for the fiscal 

17 year), less the aggregate of the amounts not dis18 tributed under paragraphs (1) and (2) of this 

19 subsection; 

20 (4) shall distribute the obligation authority pro21 vided by subsection (a), less the aggregate amounts 

22 not distributed under paragraphs (1) and (2), for 

23 each of the programs (other than programs to which 

24 paragraph (1) applies) that are allocated by the Sec25 retary under this Act and title 23, United States 
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1 Code, or apportioned by the Secretary under sections 

2 202 or 204 of that title, by multiplying— 

3 (A) the proportion determined under para4 graph (3); by 

5 (B) the amounts authorized to be appro6 priated for each such program for the fiscal year; 

7 and 

8 (5) shall distribute the obligation authority pro9 vided by subsection (a), less the aggregate amounts 

10 not distributed under paragraphs (1) and (2) and the 

11 amounts distributed under paragraph (4), for Fed12 eral-aid highway and highway safety construction 

13 programs that are apportioned by the Secretary 

14 under title 23, United States Code (other than the 

15 amounts apportioned for the national highway per16 formance program in section 119 of title 23, United 

17 States Code, that are exempt from the limitation 

18 under subsection (b)(12) and the amounts appor19 tioned under section 204 of that title) in the propor20 tion that— 

21 (A) amounts authorized to be appropriated 

22 for the programs that are apportioned under title 

23 23, United States Code, to each State for the fis24 cal year; bears to 
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1 (B) the total of the amounts authorized to 

2 be appropriated for the programs that are ap3 portioned under title 23, United States Code, to 

4 all States for the fiscal year. 

5 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU6 THORITY.—Notwithstanding subsection (c), the Secretary 

7 shall, after August 1 of each of fiscal years 2012 through 

8 2013— 

9 (1) revise a distribution of the obligation author10 ity made available under subsection (c) if an amount 

11 distributed cannot be obligated during that fiscal 

12 year; and 

13 (2) redistribute sufficient amounts to those States 

14 able to obligate amounts in addition to those pre15 viously distributed during that fiscal year, giving pri16 ority to those States having large unobligated bal17 ances of funds apportioned under sections 144 (as in 

18 effect on the day before the date of enactment of this 

19 Act) and 104 of title 23, United States Code. 

20 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

21 TRANSPORTATION RESEARCH PROGRAMS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), obligation limitations imposed by sub24 section (a) shall apply to contract authority for trans25 portation research programs carried out under— 
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1 (A) chapter 5 of title 23, United States 

2 Code; and 

3 (B) division E of this Act. 

4 (2) EXCEPTION.—Obligation authority made 

5 available under paragraph (1) shall— 

6 (A) remain available for a period of 4 fiscal 

7 years; and 

8 (B) be in addition to the amount of any 

9 limitation imposed on obligations for Federal10 aid highway and highway safety construction 

11 programs for future fiscal years. 

12 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

13 FUNDS.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 the date of distribution of obligation authority under 

16 subsection (c) for each of fiscal years 2012 through 

17 2013, the Secretary shall distribute to the States any 

18 funds (excluding funds authorized for the program 

19 under section 202 of title 23, United States Code) 

20 that— 

21 (A) are authorized to be appropriated for 

22 the fiscal year for Federal-aid highway pro23 grams; and 

24 (B) the Secretary determines will not be al25 located to the States (or will not be apportioned 
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1 to the States under section 204 of title 23, 

2 United States Code), and will not be available 

3 for obligation, for the fiscal year because of the 

4 imposition of any obligation limitation for the 

5 fiscal year. 

6 (2) RATIO.—Funds shall be distributed under 

7 paragraph (1) in the same proportion as the distribu8 tion of obligation authority under subsection (c)(5). 

9 (3) AVAILABILITY.—Funds distributed to each 

10 State under paragraph (1) shall be available for any 

11 purpose described in section 133(c) of title 23, United 

12 States Code. 

13 SEC. 1103. DEFINITIONS. 

14 (a) DEFINITIONS.—Section 101(a) of title 23, United 

15 States Code, is amended— 

16 (1) by striking paragraphs (6), (7), (9), (12), 

17 (19), (20), (24), (25), (26), (28), (38), and (39); 

18 (2) by redesignating paragraphs (2), (3), (4), 

19 (5), (8), (13), (14), (15), (16), (17), (18), (21), (22), 

20 (23), (27), (29), (30), (31), (32), (33), (34), (35), (36), 

21 and (37) as paragraphs (3), (4), (5), (6), (9), (12), 

22 (13), (14), (15), (16), (17), (18), (19), (20), (21), (22), 

23 (23), (24), (25), (26), (28), (29), (33), and (34), re24 spectively; 
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1 (3) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) ASSET MANAGEMENT.—The term ‘asset 

4 management’ means a strategic and systematic proc5 ess of operating, maintaining, and improving phys6 ical assets, with a focus on both engineering and eco7 nomic analysis based upon quality information, to 

8 identify a structured sequence of maintenance, preser9 vation, repair, rehabilitation, and replacement ac10 tions that will achieve and sustain a desired state of 

11 good repair over the lifecycle of the assets at min12 imum practicable cost.’’; 

13 (4) in paragraph (4) (as redesignated by para14 graph (2))— 

15 (A) in the matter preceding subparagraph 

16 (A), by inserting ‘‘or any project eligible for as17 sistance under this title’’ after ‘‘of a highway’’; 

18 (B) by striking subparagraph (A) and in19 serting the following: 

20 ‘‘(A) preliminary engineering, engineering, 

21 and design-related services directly relating to 

22 the construction of a highway project, including 

23 engineering, design, project development and 

24 management, construction project management 

25 and inspection, surveying, mapping (including 
29 

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1 the establishment of temporary and permanent 

2 geodetic control in accordance with specifications 

3 of the National Oceanic and Atmospheric Ad4 ministration), and architectural-related serv5 ices;’’; 

6 (C) in subparagraph (B)— 

7 (i) by inserting ‘‘reconstruction,’’ be8 fore ‘‘resurfacing’’; and 

9 (ii) by striking ‘‘and rehabilitation’’ 

10 and inserting ‘‘rehabilitation, and preserva11 tion’’; 

12 (D) in subparagraph (E) by striking ‘‘rail13 way’’ and inserting ‘‘railway-highway’’; and 

14 (E) in subparagraph (F) by striking ‘‘obsta15 cles’’ and inserting ‘‘hazards’’. 

16 (5) in paragraph (6) (as so redesignated)— 

17 (A) by inserting ‘‘public’’ before ‘‘highway 

18 eligible’’; and 

19 (B) by inserting ‘‘functionally’’ before ‘‘clas20 sified’’; 

21 (6) by inserting after paragraph (6) (as so redes22 ignated) the following: 

23 ‘‘(7) FEDERAL LANDS ACCESS TRANSPORTATION

24 FACILITY.—The term ‘Federal Lands access transpor25 tation facility’ means a public highway, road, bridge, 
30 

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1 trail, or transit system that is located on, is adjacent 

2 to, or provides access to Federal lands for which title 

3 or maintenance responsibility is vested in a State, 

4 county, town, township, tribal, municipal, or local 

5 government. 

6 ‘‘(8) FEDERAL LANDS TRANSPORTATION FACIL7 ITY.—The term ‘Federal lands transportation facility’ 

8 means a public highway, road, bridge, trail, or tran9 sit system that is located on, is adjacent to, or pro10 vides access to Federal lands for which title and 

11 maintenance responsibility is vested in the Federal 

12 Government, and that appears on the national Fed13 eral lands transportation facility inventory described 

14 in section 203(c).’’; 

15 (7) in paragraph (11)(B) by inserting ‘‘includ16 ing public roads on dams’’ after ‘‘drainage structure’’; 

17 (8) in paragraph (14) (as so redesignated)— 

18 (A) by striking ‘‘as a’’ and inserting ‘‘as an 

19 air quality’’; and 

20 (B) by inserting ‘‘air quality’’ before ‘‘at21 tainment area’’; 

22 (9) in paragraph (18) (as so redesignated) by 

23 striking ‘‘an undertaking to construct a particular 

24 portion of a highway, or if the context so implies, the 
31 

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1 particular portion of a highway so constructed or any 

2 other undertaking’’ and inserting ‘‘any undertaking’’; 

3 (10) in paragraph (19) (as so redesignated)— 

4 (A) by striking ‘‘the State transportation 

5 department and’’; and 

6 (B) by inserting ‘‘and the recipient’’ after 

7 ‘‘Secretary’’; 

8 (11) by striking paragraph (23) (as so redesig9 nated) and inserting the following: 

10 ‘‘(23) SAFETY IMPROVEMENT PROJECT.—The 

11 term ‘safety improvement project’ means a strategy, 

12 activity, or project on a public road that is consistent 

13 with the State strategic highway safety plan and cor14 rects or improves a roadway feature that constitutes 

15 a hazard to road users or addresses a highway safety 

16 problem.’’; 

17 (12) by inserting after paragraph (26) (as so re18 designated) the following: 

19 ‘‘(27) STATE STRATEGIC HIGHWAY SAFETY

20 PLAN.—The term ‘State strategic highway safety 

21 plan’ has the same meaning given such term in sec22 tion 148(a).’’; 

23 (13) by striking paragraph (29) (as so redesig24 nated) and inserting the following: 
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1 ‘‘(29) TRANSPORTATION ENHANCEMENT ACTIV2 ITY.—The term ‘transportation enhancement activity’ 

3 means any of the following activities when carried 

4 out as part of any program or project authorized or 

5 funded under this title, or as an independent program 

6 or project related to surface transportation: 

7 ‘‘(A) Provision of facilities for pedestrians 

8 and bicycles. 

9 ‘‘(B) Provision of safety and educational 

10 activities for pedestrians and bicyclists. 

11 ‘‘(C) Acquisition of scenic easements and 

12 scenic or historic sites. 

13 ‘‘(D) Scenic or historic highways and 

14 bridges. 

15 ‘‘(E) Vegetation management practices in 

16 transportation rights-of-way and other activities 

17 eligible under section 319. 

18 ‘‘(F) Historic preservation, rehabilitation, 

19 and operation of historic transportation build20 ings, structures, or facilities. 

21 ‘‘(G) Preservation of abandoned railway 

22 corridors, including the conversion and use of the 

23 corridors for pedestrian or bicycle trails. 

24 ‘‘(H) Inventory, control, and removal of 

25 outdoor advertising. 
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1 ‘‘(I) Archaeological planning and research. 

2 ‘‘(J) Any environmental mitigation activ3 ity, including pollution prevention and pollution 

4 abatement activities and mitigation to— 

5 ‘‘(i) address stormwater management, 

6 control, and water pollution prevention or 

7 abatement related to highway construction 

8 or due to highway runoff, including activi9 ties described in sections 133(b)(11), 328(a), 

10 and 329; or 

11 ‘‘(ii) reduce vehicle-caused wildlife 

12 mortality or to restore and maintain 

13 connectivity among terrestrial or aquatic 

14 habitats.’’; and 

15 (14) by inserting after paragraph (29) (as so re16 designated) the following: 

17 ‘‘(30) TRANSPORTATION SYSTEMS MANAGEMENT

18 AND OPERATIONS.— 

19 ‘‘(A) IN GENERAL.—The term ‘transpor20 tation systems management and operations’ 

21 means integrated strategies to optimize the per22 formance of existing infrastructure through the 

23 implementation of multimodal and intermodal, 

24 cross-jurisdictional systems, services, and projects 

25 designed to preserve capacity and improve secu-
34 

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1 rity, safety, and reliability of the transportation 

2 system. 

3 ‘‘(B) INCLUSIONS.—The term ‘transpor4 tation systems management and operations’ in5 cludes— 

6 ‘‘(i) actions such as traffic detection 

7 and surveillance, corridor management, 

8 freeway management, arterial management, 

9 active transportation and demand manage10 ment, work zone management, emergency 

11 management, traveler information services, 

12 congestion pricing, parking management, 

13 automated enforcement, traffic control, com14 mercial vehicle operations, freight manage15 ment, and coordination of highway, rail, 

16 transit, bicycle, and pedestrian operations; 

17 and 

18 ‘‘(ii) coordination of the implementa19 tion of regional transportation system man20 agement and operations investments (such 

21 as traffic incident management, traveler in22 formation services, emergency management, 

23 roadway weather management, intelligent 

24 transportation systems, communication net25 works, and information sharing systems) re-
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1 quiring agreements, integration, and inter2 operability to achieve targeted system per3 formance, reliability, safety, and customer 

4 service levels. 

5 ‘‘(31) TRIBAL TRANSPORTATION FACILITY.—The 

6 term ‘tribal transportation facility’ means a public 

7 highway, road, bridge, trail, or transit system that is 

8 located on or provides access to tribal land and ap9 pears on the national tribal transportation facility 

10 inventory described in section 202(b)(1). 

11 ‘‘(32) TRUCK STOP ELECTRIFICATION SYSTEM.— 

12 The term ‘truck stop electrification system’ means a 

13 system that delivers heat, air conditioning, electricity, 

14 or communications to a heavy-duty vehicle.’’. 

15 (b) SENSE OF CONGRESS.—Section 101(c) of title 23, 

16 United States Code, is amended by striking ‘‘system’’ and 

17 inserting ‘‘highway’’. 

18 SEC. 1104. NATIONAL HIGHWAY SYSTEM. 

19 (a) IN GENERAL.—Section 103 of title 23, United 

20 States Code, is amended to read as follows: 

21 ‘‘§ 103. National highway system 

22 ‘‘(a) IN GENERAL.—For the purposes of this title, the 

23 Federal-aid system is the National Highway System, which 

24 includes the Interstate System. 

25 ‘‘(b) NATIONAL HIGHWAY SYSTEM.— 
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1 ‘‘(1) DESCRIPTION.—The National Highway 

2 System consists of the highway routes and connections 

3 to transportation facilities that shall— 

4 ‘‘(A) serve major population centers, inter5 national border crossings, ports, airports, public 

6 transportation facilities, and other intermodal 

7 transportation facilities and other major travel 

8 destinations; 

9 ‘‘(B) meet national defense requirements; 

10 and 

11 ‘‘(C) serve interstate and interregional trav12 el and commerce. 

13 ‘‘(2) COMPONENTS.—The National Highway 

14 System described in paragraph (1) consists of the fol15 lowing: 

16 ‘‘(A) The National Highway System de17 picted on the map submitted by the Secretary of 

18 Transportation to Congress with the report enti19 tled ‘Pulling Together: The National Highway 

20 System and its Connections to Major Intermodal 

21 Terminals’ and dated May 24, 1996, and modi22 fications approved by the Secretary before the 

23 date of enactment of the MAP–21. 

24 ‘‘(B) Other urban and rural principal arte25 rial routes, and border crossings on those routes, 
37 

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1 that were not included on the National Highway 

2 System before the date of enactment of the MAP– 

3 21. 

4 ‘‘(C) Other connector highways (including 

5 toll facilities) that were not included in the Na6 tional Highway System before the date of enact7 ment of the MAP–21 but that provide motor ve8 hicle access between arterial routes on the Na9 tional Highway System and a major intermodal 

10 transportation facility. 

11 ‘‘(D) A strategic highway network that— 

12 ‘‘(i) consists of a network of highways 

13 that are important to the United States 

14 strategic defense policy, that provide defense 

15 access, continuity, and emergency capabili16 ties for the movement of personnel, mate17 rials, and equipment in both peacetime and 

18 wartime, and that were not included on the 

19 National Highway System before the date of 

20 enactment of the MAP–21; 

21 ‘‘(ii) may include highways on or off 

22 the Interstate System; and 

23 ‘‘(iii) shall be designated by the Sec24 retary, in consultation with appropriate 

25 Federal agencies and the States. 
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1 ‘‘(E) Major strategic highway network con2 nectors that— 

3 ‘‘(i) consist of highways that provide 

4 motor vehicle access between major military 

5 installations and highways that are part of 

6 the strategic highway network but were not 

7 included on the National Highway System 

8 before the date of enactment of the MAP–21; 

9 and 

10 ‘‘(ii) shall be designated by the Sec11 retary, in consultation with appropriate 

12 Federal agencies and the States. 

13 ‘‘(3) MODIFICATIONS TO NHS.— 

14 ‘‘(A) IN GENERAL.—The Secretary may 

15 make any modification, including any modifica16 tion consisting of a connector to a major inter17 modal terminal, to the National Highway Sys18 tem that is proposed by a State if the Secretary 

19 determines that the modification— 

20 ‘‘(i) meets the criteria established for 

21 the National Highway System under this 

22 title after the date of enactment of the 

23 MAP–21; and 
39 

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1 ‘‘(ii) enhances the national transpor2 tation characteristics of the National High3 way System. 

4 ‘‘(B) COOPERATION.— 

5 ‘‘(i) IN GENERAL.—In proposing a 

6 modification under this paragraph, a State 

7 shall cooperate with local and regional offi8 cials. 

9 ‘‘(ii) URBANIZED AREAS.—In an ur10 banized area, the local officials shall act 

11 through the metropolitan planning organi12 zation designated for the area under section 

13 134. 

14 ‘‘(c) INTERSTATE SYSTEM.— 

15 ‘‘(1) DESCRIPTION.— 

16 ‘‘(A) IN GENERAL.—The Dwight D. Eisen17 hower National System of Interstate and Defense 

18 Highways within the United States (including 

19 the District of Columbia and Puerto Rico) con20 sists of highways designed, located, and selected 

21 in accordance with this paragraph. 

22 ‘‘(B) DESIGN.— 

23 ‘‘(i) IN GENERAL.—Except as provided 

24 in clause (ii), highways on the Interstate 
40 

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1 System shall be designed in accordance with 

2 the standards of section 109(b). 

3 ‘‘(ii) EXCEPTION.—Highways on the 

4 Interstate System in Alaska and Puerto 

5 Rico shall be designed in accordance with 

6 such geometric and construction standards 

7 as are adequate for current and probable fu8 ture traffic demands and the needs of the lo9 cality of the highway. 

10 ‘‘(C) LOCATION.—Highways on the Inter11 state System shall be located so as— 

12 ‘‘(i) to connect by routes, as direct as 

13 practicable, the principal metropolitan 

14 areas, cities, and industrial centers; 

15 ‘‘(ii) to serve the national defense; and 

16 ‘‘(iii) to the maximum extent prac17 ticable, to connect at suitable border points 

18 with routes of continental importance in 

19 Canada and Mexico. 

20 ‘‘(D) SELECTION OF ROUTES.—To the max21 imum extent practicable, each route of the Inter22 state System shall be selected by joint action of 

23 the State transportation departments of the State 

24 in which the route is located and the adjoining 

25 States, in cooperation with local and regional of-
41 

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1 ficials, and subject to the approval of the Sec2 retary. 

3 ‘‘(2) MAXIMUM MILEAGE.—The mileage of high4 ways on the Interstate System shall not exceed 43,000 

5 miles, exclusive of designations under paragraph (4). 

6 ‘‘(3) MODIFICATIONS.—The Secretary may ap7 prove or require modifications to the Interstate Sys8 tem in a manner consistent with the policies and pro9 cedures established under this subsection. 

10 ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— 

11 ‘‘(A) ADDITIONS.—If the Secretary deter12 mines that a highway on the National Highway 

13 System meets all standards of a highway on the 

14 Interstate System and that the highway is a log15 ical addition or connection to the Interstate Sys16 tem, the Secretary may, upon the affirmative 

17 recommendation of the State or States in which 

18 the highway is located, designate the highway as 

19 a route on the Interstate System. 

20 ‘‘(B) DESIGNATIONS AS FUTURE INTER21 STATE SYSTEM ROUTES.— 

22 ‘‘(i) IN GENERAL.—Subject to clauses 

23 (ii) through (vi), if the Secretary determines 

24 that a highway on the National Highway 

25 System would be a logical addition or con-
42 

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1 nection to the Interstate System and would 

2 qualify for designation as a route on the 

3 Interstate System under subparagraph (A) 

4 if the highway met all standards of a high5 way on the Interstate System, the Secretary 

6 may, upon the affirmative recommendation 

7 of the State or States in which the highway 

8 is located, designate the highway as a future 

9 Interstate System route. 

10 ‘‘(ii) WRITTEN AGREEMENT.—A des11 ignation under clause (i) shall be made only 

12 upon the written agreement of each State 

13 described in that clause that the highway 

14 will be constructed to meet all standards of 

15 a highway on the Interstate System by not 

16 later than the date that is 25 years after the 

17 date of the agreement. 

18 ‘‘(iii) FAILURE TO COMPLETE CON19 STRUCTION.—If a State described in clause 

20 (i) has not substantially completed the con21 struction of a highway designated under 

22 this subparagraph by the date specified in 

23 clause (ii), the Secretary shall remove the 

24 designation of the highway as a future 

25 Interstate System route. 
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1 ‘‘(iv) EFFECT OF REMOVAL.—Removal 

2 of the designation of a highway under 

3 clause (iii) shall not preclude the Secretary 

4 from designating the highway as a route on 

5 the Interstate System under subparagraph 

6 (A) or under any other provision of law 

7 providing for addition to the Interstate Sys8 tem. 

9 ‘‘(v) RETROACTIVE EFFECT.—An 

10 agreement described in clause (ii) that is 

11 entered into before August 10, 2005, shall be 

12 deemed to include the 25-year time limita13 tion described in that clause, regardless of 

14 any earlier construction completion date in 

15 the agreement. 

16 ‘‘(vi) REFERENCES.—No law, rule, reg17 ulation, map, document, or other record of 

18 the United States, or of any State or polit19 ical subdivision of a State, shall refer to 

20 any highway designated as a future Inter21 state System route under this subpara22 graph, and no such highway shall be signed 

23 or marked, as a highway on the Interstate 

24 System, until such time as the highway— 
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1 ‘‘(I) is constructed to the geo2 metric and construction standards for 

3 the Interstate System; and 

4 ‘‘(II) has been designated as a 

5 route on the Interstate System. 

6 ‘‘(C) FINANCIAL RESPONSIBILITY.—Except 

7 as provided in this title, the designation of a 

8 highway under this paragraph shall create no 

9 additional Federal financial responsibility with 

10 respect to the highway. 

11 ‘‘(5) EXEMPTION OF INTERSTATE SYSTEM.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the Interstate System shall 

14 not be considered to be a historic site under sec15 tion 303 of title 49 or section 138 of this title, 

16 regardless of whether the Interstate System or 

17 portions or elements of the Interstate System are 

18 listed on, or eligible for listing on, the National 

19 Register of Historic Places. 

20 ‘‘(B) INDIVIDUAL ELEMENTS.—Subject to 

21 subparagraph (C)— 

22 ‘‘(i) the Secretary shall determine, 

23 through the administrative process estab24 lished for exempting the Interstate System 

25 from section 106 of the National Historic 
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1 Preservation Act (16 U.S.C. 470f), those in2 dividual elements of the Interstate System 

3 that possess national or exceptional historic 

4 significance (such as a historic bridge or a 

5 highly significant engineering feature); and 

6 ‘‘(ii) those elements shall be considered 

7 to be historic sites under section 303 of title 

8 49 or section 138 of this title, as applicable. 

9 ‘‘(C) CONSTRUCTION, MAINTENANCE, RES10 TORATION, AND REHABILITATION ACTIVITIES.— 

11 Subparagraph (B) does not prohibit a State 

12 from carrying out construction, maintenance, 

13 preservation, restoration, or rehabilitation ac14 tivities for a portion of the Interstate System re15 ferred to in subparagraph (B) upon compliance 

16 with section 303 of title 49 or section 138 of this 

17 title, as applicable, and section 106 of the Na18 tional Historic Preservation Act (16 U.S.C. 

19 470f).’’.’’ 

20 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

21 INTERSTATE SYSTEM.— 

22 (1) IN GENERAL.—Section 1105(e)(5)(A) of the 

23 Intermodal Surface Transportation Efficiency Act of 

24 1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 872) 

25 is amended— 
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1 (A) in the first sentence, by striking ‘‘and 

2 in subsections (c)(18) and (c)(20)’’ and inserting 

3 ‘‘, in subsections (c)(18) and (c)(20), and in sub4 paragraphs (A)(iii) and (B) of subsection 

5 (c)(26)’’; and 

6 (B) in the second sentence, by striking ‘‘that 

7 the segment’’ and all that follows through the pe8 riod and inserting ‘‘that the segment meets the 

9 Interstate System design standards approved by 

10 the Secretary under section 109(b) of title 23, 

11 United States Code, and is planned to connect to 

12 an existing Interstate System segment by the 

13 date that is 25 years after the date of enactment 

14 of the MAP–21.’’. 

15 (2) ROUTE DESIGNATION.—Section 

16 1105(e)(5)(C)(i) of the Intermodal Surface Transpor17 tation Efficiency Act of 1991 (105 Stat. 2032; 109 

18 Stat. 598) is amended by adding at the end the fol19 lowing: ‘‘The routes referred to subparagraphs (A)(iii) 

20 and (B)(i) of subsection (c)(26) are designated as 

21 Interstate Route I–11.’’. 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) ANALYSIS.—The analysis for chapter 1 of 

24 title 23, United States Code, is amended by striking 
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1 the item relating to section 103 and inserting the fol2 lowing: 

‘‘103. National highway system.’’. 

3 (2) SECTION 113.—Section 113 of title 23, 

4 United States Code, is amended— 

5 (A) in subsection (a) by striking ‘‘the Fed6 eral-aid systems’’ and inserting ‘‘Federal-aid 

7 highways’’; and 

8 (B) in subsection (b), in the first sentence, 

9 by striking ‘‘of the Federal-aid systems’’ and in10 serting ‘‘Federal-aid highway’’. 

11 (3) SECTION 123.—Section 123(a) of title 23, 

12 United States Code, is amended in the first sentence 

13 by striking ‘‘Federal-aid system’’ and inserting ‘‘Fed14 eral-aid highway’’. 

15 (4) SECTION 217.—Section 217(b) of title 23, 

16 United States Code, is amended in the subsection 

17 heading by striking ‘‘NATIONAL HIGHWAY SYSTEM’’ 

18 and inserting ‘‘NATIONAL HIGHWAY PERFORMANCE

19 PROGRAM’’. 

20 (5) SECTION 304.—Section 304 of title 23, 

21 United States Code, is amended in the first sentence 

22 by striking ‘‘the Federal-aid highway systems’’ and 

23 inserting ‘‘Federal-aid highways’’. 
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1 (6) SECTION 317.—Section 317(d) of title 23, 

2 United States Code is amended by striking ‘‘system’’ 

3 and inserting ‘‘highway’’. 

4 SEC. 1105. APPORTIONMENT. 

5 (a) IN GENERAL.—Section 104 of title 23, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 104. Apportionment 

8 ‘‘(a) ADMINISTRATIVE EXPENSES.— 

9 ‘‘(1) IN GENERAL.—There are authorized to be 

10 appropriated from the Highway Trust Fund (other 

11 than the Mass Transit Account) to be made available 

12 to the Secretary for administrative expenses of the 

13 Federal Highway Administration $480,000,000 for 

14 each of fiscal years 2012 and 2013. 

15 ‘‘(2) PURPOSES.—The amounts authorized to be 

16 appropriated by this subsection shall be used— 

17 ‘‘(A) to administer the provisions of law to 

18 be funded from appropriations for the Federal19 aid highway program and programs authorized 

20 under chapter 2; 

21 ‘‘(B) to make transfers of such sums as the 

22 Secretary determines to be appropriate to the 

23 Appalachian Regional Commission for adminis24 trative activities associated with the Appa25 lachian development highway system; and 
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1 ‘‘(C) to reimburse, as appropriate, the Of2 fice of Inspector General of the Department of 

3 Transportation for the conduct of annual audits 

4 of financial statements in accordance with sec5 tion 3521 of title 31. 

6 ‘‘(3) AVAILABILITY.—The amounts made avail7 able under paragraph (1) shall remain available until 

8 expended. 

9 ‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG

10 PROGRAMS.—The Secretary shall distribute the amount ap11 portioned to a State for a fiscal year under subsection (c) 

12 among the national highway performance program, the 

13 transportation mobility program, the highway safety im14 provement program, the congestion mitigation and air 

15 quality improvement program, and the national freight 

16 program, and to carry out section 134 as follows: 

17 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO18 GRAM.—For the national highway performance pro19 gram, 58 percent of the amount remaining after dis20 tributing amounts under paragraphs (4) and (6). 

21 ‘‘(2) TRANSPORTATION MOBILITY PROGRAM.— 

22 For the transportation mobility program, 29.3 per23 cent of the amount remaining after distributing 

24 amounts under paragraphs (4) and (6). 
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1 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO2 GRAM.—For the highway safety improvement pro3 gram, 7 percent of the amount remaining after dis4 tributing amounts under paragraphs (4) and (6). 

5 ‘‘(4) CONGESTION MITIGATION AND AIR QUALITY

6 IMPROVEMENT PROGRAM.—For the congestion mitiga7 tion and air quality improvement program, an 

8 amount determined by multiplying the amount deter9 mined for the State under subsection (c) by the pro10 portion that— 

11 ‘‘(A) the amount apportioned to the State 

12 for the congestion mitigation and air quality im13 provement program for fiscal year 2009, plus 10 

14 percent of the amount apportioned to the State 

15 for the surface transportation program for that 

16 fiscal year; bears to 

17 ‘‘(B) the total amount of funds apportioned 

18 to the State for that fiscal year for the programs 

19 referred to in section 105(a)(2) (except for the 

20 high priority projects program referred to in sec21 tion 105(a)(2)(H)), as in effect on the day before 

22 the date of enactment of the MAP–21. 

23 ‘‘(5) NATIONAL FREIGHT PROGRAM.—For the na24 tional freight program, 5.7 percent of the amount re-
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1 maining after distributing amounts under para2 graphs (4) and (6). 

3 ‘‘(6) METROPOLITAN PLANNING.—To carry out 

4 section 134, an amount determined by multiplying 

5 the amount determined for the State under subsection 

6 (c) by the proportion that— 

7 ‘‘(A) the amount apportioned to the State to 

8 carry out section 134 for fiscal year 2009; bears 

9 to 

10 ‘‘(B) the total amount of funds apportioned 

11 to the State for that fiscal year for the programs 

12 referred to in section 105(a)(2) (except for the 

13 high priority projects program referred to in sec14 tion 105(a)(2)(H)), as in effect on the day before 

15 the date of enactment of the MAP–21. 

16 ‘‘(c) CALCULATION OF STATE AMOUNTS.— 

17 ‘‘(1) STATE SHARE.—The amount for each State 

18 of combined apportionments for the national highway 

19 performance program under section 119, the transpor20 tation mobility program under section 133, the high21 way safety improvement program under section 148, 

22 the congestion mitigation and air quality improve23 ment program under section 149, the national freight 

24 program under section 167, and to carry out section 

25 134 shall be determined as follows: 
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1 ‘‘(A) INITIAL AMOUNT.—The initial amount 

2 for each State shall be determined by multi3 plying the total amount available for apportion4 ment by the share for each State which shall be 

5 equal to the proportion that— 

6 ‘‘(i) the amount of apportionments and 

7 allocations that the State received for fiscal 

8 years 2005 through 2009; bears to 

9 ‘‘(ii) the amount of those apportion10 ments and allocations received by all States 

11 for those fiscal years. 

12 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The ini13 tial amounts resulting from the calculation 

14 under subparagraph (A) shall be adjusted to en15 sure that, for each State, the amount of combined 

16 apportionments for the programs shall not be less 

17 than 95 percent of the estimated tax payments 

18 attributable to highway users in the State paid 

19 into the Highway Trust Fund (other than the 

20 Mass Transit Account) in the most recent fiscal 

21 year for which data are available. 

22 ‘‘(C) FURTHER ADJUSTMENT FOR

23 PRIVATIZED HIGHWAYS.— 

24 ‘‘(i) DEFINITION OF PRIVATIZED HIGH25 WAY.—In this subparagraph: 
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1 ‘‘(I) IN GENERAL.—The term 

2 ‘privatized highway’ means a highway 

3 that was formerly a publically oper4 ated toll road that is subject to an 

5 agreement giving a private entity— 

6 ‘‘(aa) control over the oper7 ation of the highway; and 

8 ‘‘(bb) ownership over the toll 

9 revenues collected from the oper10 ation of the highway. 

11 ‘‘(II) EXCLUSION.—The term 

12 ‘privatized highway’ does not include 

13 any highway or toll road that was 

14 originally— 

15 ‘‘(aa) financed and con16 structed using private funds; and 

17 ‘‘(bb) operated by a private 

18 entity. 

19 ‘‘(ii) ADJUSTMENT.—After making the 

20 adjustments to the apportionment of a State 

21 under subparagraphs (A) and (B), the Sec22 retary shall further adjust the amount to be 

23 apportioned to the State by reducing the 

24 apportionment by an amount equal to the 

25 product obtained by multiplying— 
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1 ‘‘(I) the amount to be apportioned 

2 to the State, as so adjusted under those 

3 subparagraphs; and 

4 ‘‘(II) the percentage described in 

5 clause (iii). 

6 ‘‘(iii) PERCENTAGE.—The percentage 

7 referred to in clause (ii) is the percentage 

8 equal to the sum obtained by adding— 

9 ‘‘(I) the product obtained by mul10 tiplying— 

‘‘(aa) 1 11 ⁄2; and 

12 ‘‘(bb) the proportion that— 

13 ‘‘(AA) the total number 

14 of lane miles on privatized 

15 highway lanes on National 

16 Highway System routes in a 

17 State; bears to 

18 ‘‘(BB) the total number 

19 of all lane miles on National 

20 Highway System routes in 

21 the State; and 

22 ‘‘(II) the product obtained by 

23 multiplying— 

‘‘(aa) 1 24 ⁄2; and 

25 ‘‘(bb) the proportion that— 
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1 ‘‘(AA) the total number 

2 of vehicle miles traveled on 

3 privatized highway lanes on 

4 National Highway System 

5 routes in the State; bears to 

6 ‘‘(BB) the total number 

7 of vehicle miles traveled on 

8 all lanes on National High9 way System routes in the 

10 State. 

11 ‘‘(iv) REAPPORTIONMENT.—An amount 

12 withheld from apportionment to a State 

13 under clause (ii) shall be reapportioned 

14 among all other States based on the propor15 tions calculated under subparagraph (A). 

16 ‘‘(2) STATE APPORTIONMENT.—On October 1 of 

17 each fiscal year, the Secretary shall apportion the 

18 sum authorized to be appropriated for expenditure on 

19 the national highway performance program under 

20 section 119, the transportation mobility program 

21 under section 133, the highway safety improvement 

22 program under section 148, the congestion mitigation 

23 and air quality improvement program under section 

24 149, the national freight program under section 167, 
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1 and to carry out section 134 in accordance with 

2 paragraph (1). 

3 ‘‘(d) METROPOLITAN PLANNING.— 

4 ‘‘(1) USE OF AMOUNTS.— 

5 ‘‘(A) USE.— 

6 ‘‘(i) IN GENERAL.—Except as provided 

7 in clause (ii), the amounts apportioned to a 

8 State under subsection (b)(6) shall be made 

9 available by the State to the metropolitan 

10 planning organizations responsible for car11 rying out section 134 in the State. 

12 ‘‘(ii) STATES RECEIVING MINIMUM AP13 PORTIONMENT.—A State that received the 

14 minimum apportionment for use in car15 rying out section 134 for fiscal year 2009 

16 may, subject to the approval of the Sec17 retary, use the funds apportioned under 

18 subsection (b)(6) to fund transportation 

19 planning outside of urbanized areas. 

20 ‘‘(B) UNUSED FUNDS.—Any funds that are 

21 not used to carry out section 134 may be made 

22 available by a metropolitan planning organiza23 tion to the State to fund activities under section 

24 135. 
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1 ‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN

2 STATES.— 

3 ‘‘(A) IN GENERAL.—The distribution within 

4 any State of the planning funds made available 

5 to organizations under paragraph (1) shall be in 

6 accordance with a formula that— 

7 ‘‘(i) is developed by each State and ap8 proved by the Secretary; and 

9 ‘‘(ii) takes into consideration, at a 

10 minimum, population, status of planning, 

11 attainment of air quality standards, metro12 politan area transportation needs, and 

13 other factors necessary to provide for an ap14 propriate distribution of funds to carry out 

15 section 134 and other applicable require16 ments of Federal law. 

17 ‘‘(B) REIMBURSEMENT.—Not later than 15 

18 business days after the date of receipt by a State 

19 of a request for reimbursement of expenditures 

20 made by a metropolitan planning organization 

21 for carrying out section 134, the State shall re22 imburse, from amounts distributed under this 

23 paragraph to the metropolitan planning organi24 zation by the State, the metropolitan planning 

25 organization for those expenditures. 
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1 ‘‘(3) DETERMINATION OF POPULATION FIG2 URES.—For the purpose of determining population 

3 figures under this subsection, the Secretary shall use 

4 the latest available data from the decennial census 

5 conducted under section 141(a) of title 13, United 

6 States Code. 

7 ‘‘(e) CERTIFICATION OF APPORTIONMENTS.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall— 

9 ‘‘(A) on October 1 of each fiscal year, certify 

10 to each of the State transportation departments 

11 the amount that has been apportioned to the 

12 State under this section for the fiscal year; and 

13 ‘‘(B) to permit the States to develop ade14 quate plans for the use of amounts apportioned 

15 under this section, advise each State of the 

16 amount that will be apportioned to the State 

17 under this section for a fiscal year not later than 

18 90 days before the beginning of the fiscal year for 

19 which the sums to be apportioned are authorized. 

20 ‘‘(2) NOTICE TO STATES.—If the Secretary has 

21 not made an apportionment under this section for a 

22 fiscal year beginning after September 30, 1998, by 

23 not later than the date that is the twenty-first day of 

24 that fiscal year, the Secretary shall submit, by not 

25 later than that date, to the Committee on Transpor-
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1 tation and Infrastructure of the House of Representa2 tives and the Committee on Environment and Public 

3 Works of the Senate, a written statement of the reason 

4 for not making the apportionment in a timely man5 ner. 

6 ‘‘(3) APPORTIONMENT CALCULATIONS.— 

7 ‘‘(A) IN GENERAL.—The calculation of offi8 cial apportionments of funds to the States under 

9 this title is a primary responsibility of the De10 partment and shall be carried out only by em11 ployees (and not contractors) of the Department. 

12 ‘‘(B) PROHIBITION ON USE OF FUNDS TO

13 HIRE CONTRACTORS.—None of the funds made 

14 available under this title shall be used to hire 

15 contractors to calculate the apportionments of 

16 funds to States. 

17 ‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— 

18 ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRAN19 SIT PROJECTS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), amounts made available for transit 

22 projects or transportation planning under this 

23 title may be transferred to and administered by 

24 the Secretary in accordance with chapter 53 of 

25 title 49. 
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1 ‘‘(B) NON-FEDERAL SHARE.—The provi2 sions of this title relating to the non-Federal 

3 share shall apply to the amounts transferred 

4 under subparagraph (A). 

5 ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH6 WAY PROJECTS.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), amounts made available for highway 

9 projects or transportation planning under chap10 ter 53 of title 49 may be transferred to and ad11 ministered by the Secretary in accordance with 

12 this title. 

13 ‘‘(B) NON-FEDERAL SHARE.—The provi14 sions of chapter 53 of title 49 relating to the 

15 non-Federal share shall apply to amounts trans16 ferred under subparagraph (A). 

17 ‘‘(3) TRANSFER OF FUNDS AMONG STATES OR TO

18 FEDERAL HIGHWAY ADMINISTRATION.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), the Secretary may, at the request of 

21 a State, transfer amounts apportioned or allo22 cated under this title to the State to another 

23 State, or to the Federal Highway Administra24 tion, for the purpose of funding 1 or more 
61 

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1 projects that are eligible for assistance with 

2 amounts so apportioned or allocated. 

3 ‘‘(B) APPORTIONMENT.—The transfer shall 

4 have no effect on any apportionment of amounts 

5 to a State under this section. 

6 ‘‘(C) FUNDS SUBALLOCATED TO URBANIZED

7 AREAS.—Amounts that are apportioned or allo8 cated to a State under subsection (b)(3) (as in 

9 effect on the day before the date of enactment of 

10 the MAP–21) or subsection (b)(2) and attributed 

11 to an urbanized area of a State with a popu12 lation of more than 200,000 individuals under 

13 section 133(d) may be transferred under this 

14 paragraph only if the metropolitan planning or15 ganization designated for the area concurs, in 

16 writing, with the transfer request. 

17 ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.— 

18 Obligation authority for amounts transferred under 

19 this subsection shall be transferred in the same man20 ner and amount as the amounts for the projects that 

21 are transferred under this section.’’ 

22 ‘‘(g) REPORT TO CONGRESS.—For each fiscal year, the 

23 Secretary shall make available to the public, in a user24 friendly format via the Internet, a report that describes— 
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1 ‘‘(1) the amount obligated, by each State, for 

2 Federal-aid highways and highway safety construc3 tion programs during the preceding fiscal year; 

4 ‘‘(2) the balance, as of the last day of the pre5 ceding fiscal year, of the unobligated apportionment 

6 of each State by fiscal year under this section; 

7 ‘‘(3) the balance of unobligated sums available 

8 for expenditure at the discretion of the Secretary for 

9 such highways and programs for the fiscal year; and 

10 ‘‘(4) the rates of obligation of funds apportioned 

11 or set aside under this section, according to— 

12 ‘‘(A) program; 

13 ‘‘(B) funding category of subcategory; 

14 ‘‘(C) type of improvement; 

15 ‘‘(D) State; and 

16 ‘‘(E) sub-State geographical area, including 

17 urbanized and rural areas, on the basis of the 

18 population of each such area.’’. 

19 (b) CONFORMING AMENDMENT.—Section 146(a) of 

20 title 23, United States Code, is amended by striking ‘‘sec21 tions 104(b)(l) and 104(b)(3)’’ and inserting ‘‘section 

22 104(b)(2)’’. 

23 SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

24 (a) IN GENERAL.—Section 119 of title 23, United 

25 States Code, is amended to read as follows: 
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1 ‘‘§ 119. National highway performance program 

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

3 and implement a national highway performance program 

4 under this section. 

5 ‘‘(b) PURPOSES.—The purposes of the national high6 way performance program shall be— 

7 ‘‘(1) to provide support for the condition and 

8 performance of the National Highway System; and 

9 ‘‘(2) to ensure that investments of Federal-aid 

10 funds in highway construction are directed to support 

11 progress toward the achievement of performance tar12 gets for infrastructure condition and performance. 

13 ‘‘(c) ELIGIBLE FACILITIES.—Except as provided in 

14 subsection (d), to be eligible for funding apportioned under 

15 section 104(b)(1) to carry out this section, a facility shall 

16 be located on the National Highway System, as defined in 

17 section 103. 

18 ‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned to a 

19 State to carry out the national highway performance pro20 gram may be obligated only for a project on an eligible fa21 cility that is— 

22 ‘‘(1) a project, or is part of a program of 

23 projects, supporting progress toward the achievement 

24 of national performance goals for improving infra25 structure condition, safety, mobility, or freight move-
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1 ment on the National Highway System and consistent 

2 with sections 134 and 135; and 

3 ‘‘(2) for 1 or more of the following purposes: 

4 ‘‘(A) Construction, reconstruction, resur5 facing, restoration, rehabilitation, preservation, 

6 or operational improvement of segments of the 

7 National Highway System. 

8 ‘‘(B) Construction, replacement (including 

9 replacement with fill material), rehabilitation, 

10 preservation, and protection (including scour 

11 countermeasures, seismic retrofits, impact protec12 tion measures, security countermeasures, and 

13 protection against extreme events) of bridges on 

14 the National Highway System. 

15 ‘‘(C) Construction, replacement (including 

16 replacement with fill material), rehabilitation, 

17 preservation, and protection (including impact 

18 protection measures, security countermeasures, 

19 and protection against extreme events) of tunnels 

20 on the National Highway System. 

21 ‘‘(D) Inspection and evaluation, as de22 scribed in section 144, of bridges and tunnels on 

23 the National Highway System, and inspection 

24 and evaluation of other highway infrastructure 

25 assets on the National Highway System, includ-
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1 ing signs and sign structures, earth retaining 

2 walls, and drainage structures. 

3 ‘‘(E) Training of bridge and tunnel inspec4 tors, as described in section 144. 

5 ‘‘(F) Construction, rehabilitation, or re6 placement of existing ferry boats and ferry boat 

7 facilities, including approaches, that connect 

8 road segments of the National Highway System. 

9 ‘‘(G) Construction, reconstruction, resur10 facing, restoration, rehabilitation, and preserva11 tion of, and operational improvements for, a 

12 Federal-aid highway not on the National High13 way System, and construction of a transit 

14 project eligible for assistance under chapter 53 of 

15 title 49, if— 

16 ‘‘(i) the highway project or transit 

17 project is in the same corridor as, and in 

18 proximity to, a fully access-controlled high19 way designated as a part of the National 

20 Highway System; 

21 ‘‘(ii) the construction or improvements 

22 will reduce delays or produce travel time 

23 savings on the fully access-controlled high24 way described in clause (i) and improve re25 gional traffic flow; and 
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1 ‘‘(iii) the construction or improvements 

2 are more cost-effective, as determined by 

3 benefit-cost analysis, than an improvement 

4 to the fully access-controlled highway de5 scribed in clause (i). 

6 ‘‘(H) Bicycle transportation and pedestrian 

7 walkways in accordance with section 217. 

8 ‘‘(I) Highway safety improvements for seg9 ments of the National Highway System. 

10 ‘‘(J) Capital and operating costs for traffic 

11 and traveler information monitoring, manage12 ment, and control facilities and programs. 

13 ‘‘(K) Development and implementation of a 

14 State asset management plan for the National 

15 Highway System in accordance with this section, 

16 including data collection, maintenance, and inte17 gration and the cost associated with obtaining, 

18 updating, and licensing software and equipment 

19 required for risk-based asset management and 

20 performance-based management. 

21 ‘‘(L) Infrastructure-based intelligent trans22 portation systems capital improvements. 

23 ‘‘(M) Environmental restoration and pollu24 tion abatement in accordance with section 328. 
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1 ‘‘(N) Control of noxious weeds and aquatic 

2 noxious weeds and establishment of native spe3 cies in accordance with section 329. 

4 ‘‘(O) In accordance with all applicable Fed5 eral law (including regulations), participation 

6 in natural habitat and wetlands mitigation ef7 forts relating to projects funded under this title, 

8 which may include participation in natural 

9 habitat and wetlands mitigation banks, contribu10 tions to statewide and regional efforts to con11 serve, restore, enhance, and create natural habi12 tats and wetlands, and development of statewide 

13 and regional natural habitat and wetlands con14 servation and mitigation plans, including any 

15 such banks, efforts, and plans developed in ac16 cordance with applicable Federal law (including 

17 regulations), on the conditions that— 

18 ‘‘(i) contributions to those mitigation 

19 efforts may— 

20 ‘‘(I) take place concurrent with or 

21 in advance of project construction; and 

22 ‘‘(II) occur in advance of project 

23 construction only if the efforts are con24 sistent with all applicable requirements 

25 of Federal law (including regulations) 
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1 and State transportation planning 

2 processes; and 

3 ‘‘(ii) with respect to participation in a 

4 natural habitat or wetland mitigation effort 

5 relating to a project funded under this title 

6 that has an impact that occurs within the 

7 service area of a mitigation bank, preference 

8 is given, to the maximum extent prac9 ticable, to the use of the mitigation bank if 

10 the bank contains sufficient available cred11 its to offset the impact and the bank is ap12 proved in accordance with applicable Fed13 eral law (including regulations). 

14 ‘‘(P) Replacement (including replacement 

15 with fill material), rehabilitation, preservation, 

16 and protection (including scour countermeasures, 

17 seismic retrofits, impact protection measures, se18 curity countermeasures, and protection against 

19 extreme events) of bridges on Federal-aid high20 ways (other than on the National Highway Sys21 tem). 

22 ‘‘(e) LIMITATION ON NEW CAPACITY.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), the maximum amount that a State may 

25 obligate under this section for projects under subpara-
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1 graphs (G) and (P) of subsection (d)(2) and that is 

2 attributable to the portion of the cost of any project 

3 undertaken to expand the capacity of eligible facilities 

4 on the National Highway System, in a case in which 

5 the new capacity consists of 1 or more new travel 

6 lanes that are not high-occupancy vehicle lanes, shall 

7 not, in total, exceed 40 percent of the combined appor8 tionments of a State under section 104(b)(1) for the 

9 most recent 3 consecutive years. 

10 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

11 apply to a project for the construction of auxiliary 

12 lanes and turning lanes or widening of a bridge dur13 ing rehabilitation or replacement to meet current geo14 metric, construction, and structural standards for the 

15 types and volumes of projected traffic over the design 

16 life of the project. 

17 ‘‘(f) STATE PERFORMANCE MANAGEMENT.— 

18 ‘‘(1) IN GENERAL.—A State shall develop a risk19 based asset management plan for the National High20 way System to improve or preserve asset condition 

21 and system performance. 

22 ‘‘(2) PERFORMANCE DRIVEN PLAN.—A State 

23 asset management plan shall include strategies lead24 ing to a program of projects that would make 

25 progress toward achievement of the State targets for 
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1 asset condition and performance of the National 

2 Highway System in accordance with paragraph (5) 

3 and supporting the progress toward the achievement 

4 of the national goals identified in section 150. 

5 ‘‘(3) PLAN CONTENTS.—A State asset manage6 ment plan shall, at a minimum, be in a form that 

7 the Secretary determines to be appropriate and in8 clude— 

9 ‘‘(A) a summary listing of the pavement 

10 and bridge assets on the National Highway Sys11 tem in the State, including a description of the 

12 condition of those assets; 

13 ‘‘(B) asset management objectives and meas14 ures; 

15 ‘‘(C) performance gap identification; 

16 ‘‘(D) lifecycle cost and risk management 

17 analysis; 

18 ‘‘(E) a financial plan; and 

19 ‘‘(F) investment strategies. 

20 ‘‘(4) STANDARDS AND MEASURES.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), not later than 18 months after the 

23 date of enactment of the MAP–21, the Secretary 

24 shall, in consultation with State departments of 
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1 transportation and other stakeholders, estab2 lish— 

3 ‘‘(i) minimum standards for States to 

4 use in developing and operating pavement 

5 management systems and bridge manage6 ment systems; 

7 ‘‘(ii) measures for States to use to as8 sess— 

9 ‘‘(I) the condition of pavements on 

10 the Interstate system; 

11 ‘‘(II) the condition of pavements 

12 on the National Highway System (ex13 cluding the Interstate); 

14 ‘‘(III) the condition of bridges on 

15 the National Highway System; 

16 ‘‘(IV) the performance of the 

17 Interstate System; and 

18 ‘‘(V) the performance of the Na19 tional Highway System (excluding the 

20 Interstate System); 

21 ‘‘(iii) the data elements that are nec22 essary to collect and maintain data, and a 

23 standardized process for collection and shar24 ing of data with appropriate governmental 

25 entities at the Federal, State, and local lev-
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1 els (including metropolitan planning orga2 nizations), to carry out paragraph (5); and 

3 ‘‘(iv) minimum levels for— 

4 ‘‘(I) the condition of pavement on 

5 the Interstate System; and 

6 ‘‘(II) the condition of bridges on 

7 the National Highway System. 

8 ‘‘(B) STATE PARTICIPATION.—In carrying 

9 out subparagraph (A), the Secretary shall— 

10 ‘‘(i) provide States not less than 90 

11 days to comment on any regulation pro12 posed by the Secretary under that subpara13 graph; and 

14 ‘‘(ii) take into consideration any com15 ments of the States relating to a proposed 

16 regulation received during that comment pe17 riod. 

18 ‘‘(5) STATE PERFORMANCE TARGETS.— 

19 ‘‘(A) ESTABLISHMENT OF TARGETS.—Not 

20 later than 1 year after the date on which the 

21 Secretary promulgates final regulations under 

22 paragraph (4), each State, in consultation with 

23 metropolitan planning organizations, shall estab24 lish targets that address each of the performance 

25 measures identified in paragraph (4)(A)(ii). 
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1 ‘‘(B) PERIODIC UPDATES.—Each State shall 

2 periodically update the targets established under 

3 subparagraph (A). 

4 ‘‘(6) REQUIREMENT FOR PLAN.—To obligate 

5 funding apportioned under section 104(b)(1), each 

6 State shall have in effect— 

7 ‘‘(A) a risk-based asset management plan 

8 for the National Highway System in accordance 

9 with this section, developed through a process de10 fined and approved by the Secretary; and 

11 ‘‘(B) State targets that address the perform12 ance measures identified in paragraph (4)(B). 

13 ‘‘(7) CERTIFICATION OF PLAN DEVELOPMENT

14 PROCESS.— 

15 ‘‘(A) IN GENERAL.—Not later than 90 days 

16 after the date on which a State submits a request 

17 for approval of the process used by the State to 

18 develop the State asset management plan for the 

19 National Highway System, the Secretary shall— 

20 ‘‘(i) review the process; and 

21 ‘‘(ii)(I) certify that the process meets 

22 the requirements established by the Sec23 retary; or 
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1 ‘‘(II) deny certification and specify ac2 tions necessary for the State to take to cor3 rect deficiencies in the State process. 

4 ‘‘(B) RECERTIFICATION.—Not less often 

5 than every 4 years, the Secretary shall review 

6 and recertify that the process used by a State to 

7 develop and maintain the State asset manage8 ment plan for the National Highway System 

9 meets the requirements for the process, as estab10 lished by the Secretary. 

11 ‘‘(C) OPPORTUNITY TO CURE.—If the Sec12 retary denies certification under subparagraph 

13 (A), the Secretary shall provide the State with— 

14 ‘‘(i) not less than 90 days to cure the 

15 deficiencies of the plan, during which time 

16 period all penalties and other legal impacts 

17 of a denial of certification shall be stayed; 

18 and 

19 ‘‘(ii) a written statement of the specific 

20 actions the Secretary determines to be nec21 essary for the State to cure the plan. 

22 ‘‘(8) PERFORMANCE REPORTS.— 

23 ‘‘(A) IN GENERAL.—Not later than 4 years 

24 after the date of enactment of the MAP–21 and 
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1 biennially thereafter, a State shall submit to the 

2 Secretary a report that describes— 

3 ‘‘(i) the condition and performance of 

4 the National Highway System in the State; 

5 ‘‘(ii) progress in achieving State tar6 gets for each of the performance measures 

7 for the National Highway System; and 

8 ‘‘(iii) the effectiveness of the investment 

9 strategy documented in the State asset man10 agement plan for the National Highway 

11 System. 

12 ‘‘(B) FAILURE TO ACHIEVE TARGETS.—A 

13 State that does not achieve or make significant 

14 progress toward achieving the targets of the State 

15 for performance measures described in subpara16 graph (A)(ii) for 2 consecutive reports submitted 

17 under this paragraph shall include in the next 

18 report submitted a description of the actions the 

19 State will undertake to achieve the targets. 

20 ‘‘(9) PROCESS.—Not later than 18 months after 

21 the date of enactment of the MAP–21, the Secretary 

22 shall, by regulation and in consultation with State 

23 departments of transportation, establish the process to 

24 develop the State asset management plan described in 
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1 paragraph (1) and establish the standards and meas2 ures described in paragraph (4). 

3 ‘‘(g) INTERSTATE SYSTEM AND NHS BRIDGE CONDI4 TIONS.— 

5 ‘‘(1) CONDITION OF INTERSTATE SYSTEM.— 

6 ‘‘(A) PENALTY.—If, during 2 consecutive re7 porting periods, the condition of the Interstate 

8 System, excluding bridges on the Interstate Sys9 tem, in a State falls below the minimum condi10 tion level established by the Secretary under sub11 section (f)(4)(A)(iv), the State shall be required, 

12 during the following fiscal year— 

13 ‘‘(i) to obligate, from the amounts ap14 portioned to the State under section 

15 104(b)(1), an amount that is not less than 

16 the amount of funds apportioned to the 

17 State for fiscal year 2009 under the Inter18 state maintenance program for the purposes 

19 described in this section (as in effect on the 

20 day before the date of enactment of the 

21 MAP–21), except that for each year after 

22 fiscal year 2013, the amount required to be 

23 obligated under this clause shall be in24 creased by 2 percent over the amount re-
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1 quired to be obligated in the previous fiscal 

2 year; and 

3 ‘‘(ii) to transfer, from the amounts ap4 portioned to the State under section 

5 104(b)(2) (other than amounts suballocated 

6 to metropolitan areas and other areas of the 

7 State under section 133(d)) to the appor8 tionment of the State under section 

9 104(b)(1), an amount equal to 10 percent of 

10 the amount of funds apportioned to the 

11 State for fiscal year 2009 under the Inter12 state maintenance program for the purposes 

13 described in this section (as in effect on the 

14 day before the date of enactment of the 

15 MAP–21). 

16 ‘‘(B) RESTORATION.—The obligation re17 quirement for the Interstate System in a State 

18 required by subparagraph (A) for a fiscal year 

19 shall remain in effect for each subsequent fiscal 

20 year until such time as the condition of the 

21 Interstate System in the State exceeds the min22 imum condition level established by the Sec23 retary under subsection (f)(4)(A)(iv). 

24 ‘‘(2) CONDITION OF NHS BRIDGES.— 
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1 ‘‘(A) PENALTY.—If, during 2 consecutive re2 porting periods, the condition of bridges on the 

3 National Highway System in a State falls below 

4 the minimum condition level established by the 

5 Secretary under subsection (f)(4)(A)(iv), the 

6 State shall be required, during the following fis7 cal year— 

8 ‘‘(i) to obligate, from the amounts ap9 portioned to the State under section 

10 104(b)(1), an amount for bridges on the Na11 tional Highway System that is not less 

12 than 50 percent of the amount of funds ap13 portioned to the State for fiscal year 2009 

14 under the highway bridge program for the 

15 purposes described in section 144 (as in ef16 fect on the day before the date of enactment 

17 of the MAP–21), except that for each year 

18 after fiscal year 2013, the amount required 

19 to be obligated under this clause shall be in20 creased by 2 percent over the amount re21 quired to be obligated in the previous fiscal 

22 year; and 

23 ‘‘(ii) to transfer, from the amounts ap24 portioned to the State under section 

25 104(b)(2) (other than amounts suballocated 
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1 to metropolitan areas and other areas of the 

2 State under section 133(d)) to the appor3 tionment of the State under section 

4 104(b)(1), an amount equal to 10 percent of 

5 the amount of funds apportioned to the 

6 State for fiscal year 2009 under the high7 way bridge program for the purposes de8 scribed in section 144 (as in effect on the 

9 day before the date of enactment of the 

10 MAP–21). 

11 ‘‘(B) RESTORATION.—The obligation re12 quirement for bridges on the National Highway 

13 System in a State required by subparagraph (A) 

14 for a fiscal year shall remain in effect for each 

15 subsequent fiscal year until such time as the con16 dition of bridges on the National Highway Sys17 tem in the State exceeds the minimum condition 

18 level established by the Secretary under sub19 section (f)(4)(A)(iv).’’. 

20 (b) TRANSITION PERIOD.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), until such date as a State has in effect an 

23 approved asset management plan and has established 

24 performance targets as described in section 119 of 

25 title 23, United States Code, that will contribute to 
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1 achieving the national goals for the condition and 

2 performance of the National Highway System, but 

3 not later than 18 months after the date on which the 

4 Secretary promulgates final regulations required 

5 under section 119(f)(4) of that title, the Secretary 

6 shall approve obligations of funds apportioned to a 

7 State to carry out the national highway performance 

8 program under section 119 of that title, for projects 

9 that otherwise meet the requirements of that section. 

10 (2) EXTENSION.—The Secretary may extend the 

11 transition period for a State under paragraph (1) if 

12 the Secretary determines that the State has made a 

13 good faith effort to establish an asset management 

14 plan and performance targets referred to in that 

15 paragraph. 

16 (c) CONFORMING AMENDMENT.—The analysis for 

17 chapter 1 of title 23, United States Code, is amended by 

18 striking the item relating to section 119 and inserting the 

19 following: 

‘‘119. National highway performance program.’’. 

20 SEC. 1107. EMERGENCY RELIEF. 

21 Section 125 of title 23, United States Code, is amended 

22 to read as follows: 

23 ‘‘§ 125. Emergency relief 

24 ‘‘(a) IN GENERAL.—Subject to this section and section 

25 120, an emergency fund is authorized for expenditure by 
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1 the Secretary for the repair or reconstruction of highways, 

2 roads, and trails, in any area of the United States, includ3 ing Indian reservations, that the Secretary finds have suf4 fered serious damage as a result of— 

5 ‘‘(1) a natural disaster over a wide area, such as 

6 by a flood, hurricane, tidal wave, earthquake, severe 

7 storm, or landslide; or 

8 ‘‘(2) catastrophic failure from any external 

9 cause. 

10 ‘‘(b) RESTRICTION ON ELIGIBILITY.— 

11 ‘‘(1) DEFINITION OF CONSTRUCTION PHASE.—In 

12 this subsection, the term ‘construction phase’ means 

13 the phase of physical construction of a highway or 

14 bridge facility that is separate from any other identi15 fied phases, such as planning, design, or right-of-way 

16 phases, in the State transportation improvement pro17 gram. 

18 ‘‘(2) RESTRICTION.—In no case shall funds be 

19 used under this section for the repair or reconstruc20 tion of a bridge— 

21 ‘‘(A) that has been permanently closed to all 

22 vehicular traffic by the State or responsible local 

23 official because of imminent danger of collapse 

24 due to a structural deficiency or physical dete25 rioration; or 
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1 ‘‘(B) if a construction phase of a replace2 ment structure is included in the approved 

3 Statewide transportation improvement program 

4 at the time of an event described in subsection 

5 (a). 

6 ‘‘(c) FUNDING.— 

7 ‘‘(1) IN GENERAL.—Subject to the limitations de8 scribed in paragraph (2), there are authorized to be 

9 appropriated from the Highway Trust Fund (other 

10 than the Mass Transit Account) such sums as are nec11 essary to establish the fund authorized by this section 

12 and to replenish that fund on an annual basis. 

13 ‘‘(2) LIMITATIONS.—The limitations referred to 

14 in paragraph (1) are that— 

15 ‘‘(A) not more than $100,000,000 is author16 ized to be obligated in any 1 fiscal year com17 mencing after September 30, 1980, to carry out 

18 this section, except that, if for any fiscal year the 

19 total of all obligations under this section is less 

20 than the amount authorized to be obligated for 

21 the fiscal year, the unobligated balance of that 

22 amount shall— 

23 ‘‘(i) remain available until expended; 

24 and 
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1 ‘‘(ii) be in addition to amounts other2 wise available to carry out this section for 

3 each year; and 

4 ‘‘(B)(i) pending such appropriation or re5 plenishment, the Secretary may obligate from 

6 any funds appropriated at any time for obliga7 tion in accordance with this title, including ex8 isting Federal-aid appropriations, such sums as 

9 are necessary for the immediate prosecution of 

10 the work herein authorized; and 

11 ‘‘(ii) funds obligated under this subpara12 graph shall be reimbursed from the appropria13 tion or replenishment. 

14 ‘‘(d) ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.—The Secretary may expend 

16 funds from the emergency fund authorized by this sec17 tion only for the repair or reconstruction of highways 

18 on Federal-aid highways in accordance with this 

19 chapter, except that— 

20 ‘‘(A) no funds shall be so expended unless 

21 an emergency has been declared by the Governor 

22 of the State with concurrence by the Secretary, 

23 unless the President has declared the emergency 

24 to be a major disaster for the purposes of the 

25 Robert T. Stafford Disaster Relief and Emer-
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1 gency Assistance Act (42 U.S.C. 5121 et seq.) for 

2 which concurrence of the Secretary is not re3 quired; and 

4 ‘‘(B) the Secretary has received an applica5 tion from the State transportation department 

6 that includes a comprehensive list of all eligible 

7 project sites and repair costs by not later than 

8 2 years after the natural disaster or catastrophic 

9 failure. 

10 ‘‘(2) COST LIMITATION.— 

11 ‘‘(A) DEFINITION OF COMPARABLE FACIL12 ITY.—In this paragraph, the term ‘comparable 

13 facility’ means a facility that meets the current 

14 geometric and construction standards required 

15 for a facility of comparable capacity and char16 acter to the destroyed facility, except a bridge fa17 cility which may be constructed for the type and 

18 volume of traffic that the bridge will carry over 

19 its design life. 

20 ‘‘(B) LIMITATION.—The total cost of a 

21 project funded under this section may not exceed 

22 the cost of repair or reconstruction of a com23 parable facility. 

24 ‘‘(3) TERRITORIES.—The total obligations for 

25 projects under this section for any fiscal year in the 
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1 Virgin Islands, Guam, American Samoa, and the 

2 Commonwealth of the Northern Mariana Islands shall 

3 not exceed $20,000,000. 

4 ‘‘(4) SUBSTITUTE TRAFFIC.—Notwithstanding 

5 any other provision of this section, actual and nec6 essary costs of maintenance and operation of ferry7 boats or additional transit service providing tem8 porary substitute highway traffic service, less the 

9 amount of fares charged for comparable service, may 

10 be expended from the emergency fund authorized by 

11 this section for Federal-aid highways. 

12 ‘‘(e) TRIBAL TRANSPORTATION FACILITIES, FEDERAL

13 LANDS TRANSPORTATION FACILITIES, AND PUBLIC ROADS

14 ON FEDERAL LANDS.— 

15 ‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAVEL.— 

16 In this subsection, the term ‘open to public travel’ 

17 means, with respect to a road, that, except during 

18 scheduled periods, extreme weather conditions, or 

19 emergencies, the road is open to the general public for 

20 use with a standard passenger vehicle, without re21 strictive gates or prohibitive signs or regulations, 

22 other than for general traffic control or restrictions 

23 based on size, weight, or class of registration. 

24 ‘‘(2) EXPENDITURE OF FUNDS.—Notwith25 standing subsection (d)(1), the Secretary may expend 
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1 funds from the emergency fund authorized by this sec2 tion, independently or in cooperation with any other 

3 branch of the Federal Government, a State agency, a 

4 tribal government, an organization, or a person, for 

5 the repair or reconstruction of tribal transportation 

6 facilities, Federal lands transportation facilities, and 

7 other federally owned roads that are open to public 

8 travel, whether or not those facilities are Federal-aid 

9 highways. 

10 ‘‘(3) REIMBURSEMENT.— 

11 ‘‘(A) IN GENERAL.—The Secretary may re12 imburse Federal and State agencies (including 

13 political subdivisions) for expenditures made for 

14 projects determined eligible under this section, 

15 including expenditures for emergency repairs 

16 made before a determination of eligibility. 

17 ‘‘(B) TRANSFERS.—With respect to reim18 bursements described in subparagraph (A)— 

19 ‘‘(i) those reimbursements to Federal 

20 agencies and Indian tribal governments 

21 shall be transferred to the account from 

22 which the expenditure was made, or to a 

23 similar account that remains available for 

24 obligation; and 
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1 ‘‘(ii) the budget authority associated 

2 with the expenditure shall be restored to the 

3 agency from which the authority was de4 rived and shall be available for obligation 

5 until the end of the fiscal year following the 

6 year in which the transfer occurs. 

7 ‘‘(f) TREATMENT OF TERRITORIES.—For purposes of 

8 this section, the Virgin Islands, Guam, American Samoa, 

9 and the Commonwealth of the Northern Mariana Islands 

10 shall be considered to be States and parts of the United 

11 States, and the chief executive officer of each such territory 

12 shall be considered to be a Governor of a State. 

13 ‘‘(g) PROTECTING PUBLIC SAFETY AND MAINTAINING

14 ROADWAYS.—The Secretary may use amounts from the 

15 emergency fund authorized by this section to carry out 

16 projects that the Secretary determines are necessary to pro17 tect public safety or to maintain or protect roadways that 

18 have been included within the scope of a prior emergency 

19 declaration in order to maintain the continuation of road20 way services on roads that are threatened by continuous 

21 or frequent flooding.’’. 

22 SEC. 1108. TRANSPORTATION MOBILITY PROGRAM. 

23 (a) IN GENERAL.—Section 133 of title 23, United 

24 States Code, is amended to read as follows: 
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1 ‘‘§ 133. Transportation mobility program 

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

3 and implement a transportation mobility program under 

4 this section. 

5 ‘‘(b) PURPOSE.—The purpose of the transportation 

6 mobility program shall be to assist States and localities in 

7 improving the conditions and performance on Federal-aid 

8 highways and on bridges on any public road. 

9 ‘‘(c) ELIGIBLE PROJECTS.—Funds apportioned under 

10 section 104(b)(2) to carry out the transportation mobility 

11 program may be obligated for any of following purposes: 

12 ‘‘(1) Construction, reconstruction, rehabilitation, 

13 resurfacing, restoration, preservation, or operational 

14 improvements for highways, including construction of 

15 designated routes of the Appalachian development 

16 highway system and local access roads under section 

17 14501 of title 40, United States Code. 

18 ‘‘(2) Replacement (including replacement with 

19 fill material), rehabilitation, preservation, protection 

20 (including painting, scour countermeasures, seismic 

21 retrofits, impact protection measures, security coun22 termeasures, and protection against extreme events) 

23 and application of calcium magnesium acetate, so24 dium acetate/formate, or other environmentally ac25 ceptable, minimally corrosive anti-icing and deicing 

26 compositions for bridges (and approaches to bridges 
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1 and other elevated structures) and tunnels on public 

2 roads of all functional classifications, including any 

3 such construction or reconstruction necessary to ac4 commodate other transportation modes. 

5 ‘‘(3) Construction of a new bridge or tunnel on 

6 a new location on a highway, including any such 

7 construction necessary to accommodate other trans8 portation modes. 

9 ‘‘(4) Inspection and evaluation (within the 

10 meaning of section 144) of bridges and tunnels on 

11 public roads of all functional classifications and in12 spection and evaluation of other highway infrastruc13 ture assets, including signs and sign structures, re14 taining walls, and drainage structures. 

15 ‘‘(5) Training of bridge and tunnel inspectors 

16 (within the meaning of section 144). 

17 ‘‘(6) Capital costs for transit projects eligible for 

18 assistance under chapter 53 of title 49, including ve19 hicles and facilities, whether publicly or privately 

20 owned, that are used to provide intercity passenger 

21 service by bus. 

22 ‘‘(7) Carpool projects, fringe and corridor park23 ing facilities and programs, including electric vehicle 

24 infrastructure in accordance with section 137, bicycle 

25 transportation and pedestrian walkways in accord-
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1 ance with section 217, and the modification of public 

2 sidewalks to comply with the Americans with Disabil3 ities Act of 1990 (42 U.S.C. 12101 et seq.). 

4 ‘‘(8) Highway and transit safety infrastructure 

5 improvements and programs, installation of safety 

6 barriers and nets on bridges, hazard eliminations, 

7 projects to mitigate hazards caused by wildlife, and 

8 railway-highway grade crossings. 

9 ‘‘(9) Highway and transit research and develop10 ment and technology transfer programs. 

11 ‘‘(10) Capital and operating costs for traffic and 

12 traveler information monitoring, management, and 

13 control facilities and programs, including truck stop 

14 electrification systems. 

15 ‘‘(11) Projects and strategies designed to support 

16 congestion pricing, including electronic toll collection 

17 and travel demand management strategies and pro18 grams. 

19 ‘‘(12) Surface transportation planning. 

20 ‘‘(13) Transportation enhancement activities. 

21 ‘‘(14) Recreational trails projects eligible for 

22 funding under section 206. 

23 ‘‘(15) Construction of ferry boats and ferry ter24 minal facilities eligible for funding under section 

25 129(c). 
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1 ‘‘(16) Border infrastructure projects eligible for 

2 funding under section 1303 of the SAFETEA–LU 

3 (Public Law 109–59). 

4 ‘‘(17) Projects, programs, and technical assist5 ance associated with National Scenic Byways, All6 American Roads, and America’s Byways eligible for 

7 funding under section 162. 

8 ‘‘(18) Truck parking facilities eligible for fund9 ing under section 1401 of the MAP–21. 

10 ‘‘(19) Safe routes to school projects eligible for 

11 funding under section 1404 of the SAFETEA–LU (23 

12 U.S.C. 402 note; Public Law 109–59). 

13 ‘‘(20) Transportation control measures described 

14 in section 108(f)(1)(A) of the Clean Air Act (42 

15 U.S.C. 7408(f)(1)(A)), other than section 

16 108(f)(1)(A)(xvi) of that Act. 

17 ‘‘(21) Development and implementation of a 

18 State asset management plan for the National High19 way System in accordance with section 119, includ20 ing data collection, maintenance, and integration and 

21 the costs associated with obtaining, updating, and li22 censing software and equipment required for risk23 based asset management and performance-based man24 agement, and for similar activities relating to the de-
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1 velopment and implementation of a performance2 based management program for other public roads. 

3 ‘‘(22) In accordance with all applicable Federal 

4 law (including regulations), participation in natural 

5 habitat and wetlands mitigation efforts relating to 

6 projects funded under this title, which may include 

7 participation in natural habitat and wetlands miti8 gation banks, contributions to statewide and regional 

9 efforts to conserve, restore, enhance, and create nat10 ural habitats and wetlands, and development of state11 wide and regional natural habitat and wetlands con12 servation and mitigation plans, including any such 

13 banks, efforts, and plans developed in accordance with 

14 applicable Federal law (including regulations), on the 

15 conditions that— 

16 ‘‘(A) contributions to those mitigation ef17 forts may— 

18 ‘‘(i) take place concurrent with or in 

19 advance of project construction; and 

20 ‘‘(ii) occur in advance of project con21 struction only if the efforts are consistent 

22 with all applicable requirements of Federal 

23 law (including regulations) and State 

24 transportation planning processes; and 
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1 ‘‘(B) with respect to participation in a nat2 ural habitat or wetland mitigation effort relating 

3 to a project funded under this title that has an 

4 impact that occurs within the service area of a 

5 mitigation bank, preference is given, to the max6 imum extent practicable, to the use of the miti7 gation bank if the bank contains sufficient avail8 able credits to offset the impact and the bank is 

9 approved in accordance with applicable Federal 

10 law (including regulations). 

11 ‘‘(23) Infrastructure-based intelligent transpor12 tation systems capital improvements. 

13 ‘‘(24) Environmental restoration and pollution 

14 abatement in accordance with section 328. 

15 ‘‘(25) Control of noxious weeds and aquatic nox16 ious weeds and establishment of native species in ac17 cordance with section 329. 

18 ‘‘(26) Improvements to a freight railroad, ma19 rine highway, or intermodal facility, but only to the 

20 extent that the Secretary concurs with the State 

21 that— 

22 ‘‘(A) the project will make significant im23 provement to freight movements on the national 

24 freight network; 
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1 ‘‘(B) the public benefit of the project exceeds 

2 the Federal investment; and 

3 ‘‘(C) the project provides a better return 

4 than a highway project on a segment of the pri5 mary freight network, except that a State may 

6 not obligate in excess of 5 percent of funds ap7 portioned to the State under section 104(b)(2) to 

8 carry out this section for that purpose. 

9 ‘‘(27) Maintenance of and improvements to all 

10 public roads, including non-State-owned public roads 

11 and roads on tribal land— 

12 ‘‘(A) that are located within 10 miles of the 

13 international border between the United States 

14 and Canada or Mexico; and 

15 ‘‘(B) on which federally owned vehicles com16 prise more than 50 percent of the traffic. 

17 ‘‘(28) Construction, reconstruction, resurfacing, 

18 restoration, rehabilitation, and preservation of, and 

19 operational improvements for, any public road if— 

20 ‘‘(A) the public road, and the highway 

21 project to be carried out with respect to the pub22 lic road, are in the same corridor as, and in 

23 proximity to— 
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1 ‘‘(i) a fully access-controlled highway 

2 designated as a part of the National High3 way System; or 

4 ‘‘(ii) in areas with a population of less 

5 than 200,000, a federal-aid highway des6 ignated as part of the National Highway 

7 System; 

8 ‘‘(B) the construction or improvements will 

9 enhance the level of service on the highway de10 scribed in subparagraph (A) and improve re11 gional traffic flow; and 

12 ‘‘(C) the construction or improvements are 

13 more cost-effective, as determined by benefit-cost 

14 analysis, than an improvement to the highway 

15 described in subparagraph (A). 

16 ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO

17 AREAS BASED ON POPULATION.— 

18 ‘‘(1) CALCULATION.—Of the funds apportioned to 

19 a State under section 104(b)(2)— 

20 ‘‘(A) 50 percent for a fiscal year shall be ob21 ligated under this section, in proportion to their 

22 relative shares of the population of the State— 

23 ‘‘(i) in urbanized areas of the State 

24 with an urbanized area population of over 

25 200,000; 
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1 ‘‘(ii) in areas of the State other than 

2 urban areas with a population greater than 

3 5,000; and 

4 ‘‘(iii) in other areas of the State; and 

5 ‘‘(B) 50 percent may be obligated in any 

6 area of the State. 

7 ‘‘(2) METROPOLITAN AREAS.—Funds attributed 

8 to an urbanized area under subparagraph (A)(i) may 

9 be obligated in the metropolitan area established 

10 under section 134 that encompasses the urbanized 

11 area. 

12 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS

13 OF OVER 200,000 POPULATION.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraph (B), the amount of funds that a 

16 State is required to obligate under paragraph 

17 (1)(A)(i) shall be obligated in urbanized areas 

18 described in paragraph (1)(A)(i) based on the 

19 relative population of the areas. 

20 ‘‘(B) OTHER FACTORS.—The State may ob21 ligate the funds described in subparagraph (A) 

22 based on other factors if the State and the rel23 evant metropolitan planning organizations joint24 ly apply to the Secretary for the permission to 
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1 base the obligation on other factors and the Sec2 retary grants the request. 

3 ‘‘(e) LOCATION OF PROJECTS.—Except as provided in 

4 subsection (g) and for projects described in paragraphs (2), 

5 (4), (7), (8), (13), (14), and (19) of subsection (c), for local 

6 access roads under section 14501 of title 40, United States 

7 Code, transportation mobility program projects may not be 

8 undertaken on roads functionally classified as local or rural 

9 minor collectors. 

10 ‘‘(f) APPLICABILITY OF PLANNING REQUIREMENTS.— 

11 Programming and expenditure of funds for projects under 

12 this section shall be consistent with sections 134 and 135. 

13 ‘‘(g) BRIDGES NOT ON FEDERAL-AID HIGHWAYS.— 

14 ‘‘(1) DEFINITION OF OFF-SYSTEM BRIDGE.—The 

15 term ‘off-system bridge’ means a highway bridge lo16 cated on a public road, other than a bridge on a Fed17 eral-aid highway. 

18 ‘‘(2) SPECIAL RULE.— 

19 ‘‘(A) SET-ASIDE.—Of the amounts appor20 tioned to a State for fiscal year 2012 and each 

21 fiscal year thereafter under this section, the State 

22 shall obligate for activities described in sub23 section (c)(2) for off-system bridges an amount 

24 that is not less than 15 percent of the amount of 
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1 funds apportioned to the State for the highway 

2 bridge program for fiscal year 2009. 

3 ‘‘(B) REDUCTION OF EXPENDITURES.—The 

4 Secretary, after consultation with State and 

5 local officials, may reduce the requirement for 

6 expenditures for off-system bridges under sub7 paragraph (A) with respect to the State if the 

8 Secretary determines that the State has inad9 equate needs to justify the expenditure. 

10 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL-AID

11 HIGHWAYS.—Notwithstanding any other provision of 

12 law, with respect to any project not on a Federal-aid 

13 highway for the replacement of a bridge or rehabilita14 tion of a bridge that is wholly funded from State and 

15 local sources, is eligible for Federal funds under this 

16 section, is noncontroversial, is certified by the State 

17 to have been carried out in accordance with all stand18 ards applicable to such projects under this section, 

19 and is determined by the Secretary upon completion 

20 to be no longer a deficient bridge— 

21 ‘‘(A) any amount expended after the date of 

22 enactment of this subsection from State and local 

23 sources for the project in excess of 20 percent of 

24 the cost of construction of the project may be 

25 credited to the non-Federal share of the cost of 
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1 other bridge projects in the State that are eligible 

2 for Federal funds under this section; and 

3 ‘‘(B) that crediting shall be conducted in ac4 cordance with procedures established by the Sec5 retary.’’ 

6 ‘‘(h) ADMINISTRATION.— 

7 ‘‘(1) SUBMISSION OF PROJECT AGREEMENT.— 

8 For each fiscal year, each State shall submit a project 

9 agreement that— 

10 ‘‘(A) certifies that the State will meet all the 

11 requirements of this section; and 

12 ‘‘(B) notifies the Secretary of the amount of 

13 obligations needed to carry out the program 

14 under this section. 

15 ‘‘(2) REQUEST FOR ADJUSTMENTS OF

16 AMOUNTS.—Each State shall request from the Sec17 retary such adjustments to the amount of obligations 

18 referred to in paragraph (1)(B) as the State deter19 mines to be necessary. 

20 ‘‘(3) EFFECT OF APPROVAL BY THE SEC21 RETARY.—Approval by the Secretary of a project 

22 agreement under paragraph (1) shall be deemed a 

23 contractual obligation of the United States to pay 

24 transportation mobility program funds made avail25 able under this title. 
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1 ‘‘(i) OBLIGATION AUTHORITY.— 

2 ‘‘(1) IN GENERAL.—A State that is required to 

3 obligate, in an urbanized area with an urbanized 

4 area population of over 200,000 individuals under 

5 subsection (d), funds apportioned to the State under 

6 section 104(b)(2) shall make available during the fis7 cal year an amount of obligation authority distrib8 uted to the State for Federal-aid highways and high9 way safety construction programs for use in the area 

10 that is equal to the product obtained by multi11 plying— 

12 ‘‘(A) the aggregate amount of funds that the 

13 State is required to obligate in the area under 

14 subsection (d) during the period; and 

15 ‘‘(B) the ratio that— 

16 ‘‘(i) the aggregate amount of obligation 

17 authority distributed to the State for Fed18 eral-aid highways and highway safety con19 struction programs during the period; bears 

20 to 

21 ‘‘(ii) the total of the sums apportioned 

22 to the State for Federal-aid highways and 

23 highway safety construction programs (ex24 cluding sums not subject to an obligation 

25 limitation) during the period. 
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1 ‘‘(2) JOINT RESPONSIBILITY.—Each State, each 

2 affected metropolitan planning organization, and the 

3 Secretary shall jointly ensure compliance with para4 graph (1).’’. 

5 (b) CONFORMING AMENDMENT.—The analysis for 

6 chapter 1 of title 23, United States Code, is amended by 

7 striking the item relating to section 133 and inserting the 

8 following: 

‘‘133. Transportation mobility program.’’. 

9 SEC. 1109. WORKFORCE DEVELOPMENT. 

10 (a) ON-THE-JOB TRAINING.—Section 140(b) of title 23, 

11 United States Code, is amended— 

12 (1) by striking ‘‘Whenever apportionments are 

13 made under section 104(b)(3),’’ and inserting ‘‘From 

14 administrative funds made available under section 

15 104(a),’’; and 

16 (2) by striking ‘‘the surface transportation pro17 gram under section 104(b) and the bridge program 

18 under section 144’’ and inserting ‘‘the transportation 

19 mobility program under section 104(b)’’. 

20 (b) DISADVANTAGED BUSINESS ENTERPRISE.—Sec21 tion 140(c) of title 23, United States Code, is amended by 

22 striking ‘‘Whenever apportionments are made under section 

23 104(b)(3),’’ and inserting ‘‘From administrative funds 

24 made available under section 104(a),’’. 
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1 SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 

2 Section 143 of title 23, United States Code, is amend3 ed— 

4 (1) in subsection (b)— 

5 (A) by striking paragraph (2) and inserting 

6 the following: 

7 ‘‘(2) FUNDING.— 

8 ‘‘(A) IN GENERAL.—From administrative 

9 funds made available under section 104(a), the 

10 Secretary shall deduct such sums as are nec11 essary, not to exceed $10,000,000 for each of fis12 cal years 2012 and 2013, to carry out this sec13 tion. 

14 ‘‘(B) ALLOCATION OF FUNDS.—Funds made 

15 available to carry out this section may be allo16 cated to the Internal Revenue Service and the 

17 States at the discretion of the Secretary, except 

18 that of funds so made available for each fiscal 

19 year, $2,000,000 shall be available only to carry 

20 out intergovernmental enforcement efforts, in21 cluding research and training.’’; and 

22 (B) in paragraph (8)— 

23 (i) in the paragraph heading by strik24 ing ‘‘SURFACE TRANSPORTATION PROGRAM’’ 

25 and inserting ‘‘TRANSPORTATION MOBILITY

26 PROGRAM’’; and 
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1 (ii) by striking ‘‘section 104(b)(3)’’ 

2 and inserting ‘‘section 104(b)(2)’’; and 

3 (2) in subsection (c)(3) by striking ‘‘for each of 

4 fiscal years 2005 through 2009,’’ and inserting ‘‘for 

5 each fiscal year,’’. 

6 SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY 

7 AND INSPECTION STANDARDS. 

8 (a) IN GENERAL.—Section 144 of title 23, United 

9 States Code, is amended to read as follows: 

10 ‘‘§ 144. National bridge and tunnel inventory and in11 spection standards 

12 ‘‘(a) FINDINGS AND DECLARATIONS.— 

13 ‘‘(1) FINDINGS.—Congress finds that— 

14 ‘‘(A) the condition of the bridges of the 

15 United States has improved since the date of en16 actment of the Transportation Equity Act for the 

17 21st Century (Public Law 105–178; 112 Stat. 

18 107), yet continued improvement to bridge con19 ditions is essential to protect the safety of the 

20 traveling public and allow for the efficient move21 ment of people and goods on which the economy 

22 of the United States relies; and 

23 ‘‘(B) the systematic preventative mainte24 nance of bridges, and replacement and rehabili25 tation of deficient bridges, should be undertaken 
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1 through an overall asset management approach 

2 to transportation investment. 

3 ‘‘(2) DECLARATIONS.—Congress declares that it 

4 is in the vital interest of the United States— 

5 ‘‘(A) to inventory, inspect, and improve the 

6 condition of the highway bridges and tunnels of 

7 the United States; 

8 ‘‘(B) to use a data-driven, risk-based ap9 proach and cost-effective strategy for systematic 

10 preventative maintenance, replacement, and re11 habilitation of highway bridges and tunnels to 

12 ensure safety and extended service life; 

13 ‘‘(C) to use performance-based bridge man14 agement systems to assist States in making time15 ly investments; 

16 ‘‘(D) to ensure accountability and link per17 formance outcomes to investment decisions; and 

18 ‘‘(E) to ensure connectivity and access for 

19 residents of rural areas of the United States 

20 through strategic investments in National High21 way System bridges and bridges on all public 

22 roads. 

23 ‘‘(b) NATIONAL BRIDGE AND TUNNEL INVENTORIES.— 

24 ‘‘(1) IN GENERAL.—The Secretary, in consulta25 tion with the States, shall— 
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1 ‘‘(A) inventory all highway bridges on pub2 lic roads that are bridges over waterways, other 

3 topographical barriers, other highways, and rail4 roads; 

5 ‘‘(B) classify the bridges according to serv6 iceability, safety, and essentiality for public use, 

7 including the potential impacts to emergency 

8 evacuation routes and to regional and national 

9 freight and passenger mobility if the service10 ability of the bridge is restricted or diminished; 

11 and 

12 ‘‘(C) based on that classification, assign 

13 each a risk-based priority for systematic prevent14 ative maintenance, replacement, or rehabilita15 tion. 

16 ‘‘(2) TRIBALLY OWNED AND FEDERALLY OWNED

17 BRIDGES.—As part of the activities carried out under 

18 paragraph (1), the Secretary, in consultation with the 

19 Secretaries of appropriate Federal agencies, shall— 

20 ‘‘(A) inventory all tribally owned and Fed21 erally owned highway bridges that are open to 

22 the public, over waterways, other topographical 

23 barriers, other highways, and railroads; 
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1 ‘‘(B) classify the bridges according to serv2 iceability, safety, and essentiality for public use; 

3 and 

4 ‘‘(C) based on the classification, assign each 

5 a risk-based priority for systematic preventative 

6 maintenance, replacement, or rehabilitation. 

7 ‘‘(3) TUNNELS.—The Secretary shall establish a 

8 national inventory of highway tunnels reflecting the 

9 findings of the most recent highway tunnel inspec10 tions conducted by States under this section. 

11 ‘‘(c) GENERAL BRIDGE AUTHORITY.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2) and notwithstanding any other provision of 

14 law, the General Bridge Act of 1946 (33 U.S.C. 525 

15 et seq.) shall apply to bridges authorized to be re16 placed, in whole or in part, by this title. 

17 ‘‘(2) EXCEPTION.—Section 502(b) of the General 

18 Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 

19 of the Act of March 3, 1899 (33 U.S.C. 401), shall not 

20 apply to any bridge constructed, reconstructed, reha21 bilitated, or replaced with assistance under this title, 

22 if the bridge is over waters that— 

23 ‘‘(A) are not used and are not susceptible to 

24 use in the natural condition of the bridge or by 
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1 reasonable improvement as a means to transport 

2 interstate or foreign commerce; and 

3 ‘‘(B) are— 

4 ‘‘(i) not tidal; or 

5 ‘‘(ii) if tidal, used only by recreational 

6 boating, fishing, and other small vessels that 

7 are less than 21 feet in length. 

8 ‘‘(d) INVENTORY UPDATES AND REPORTS.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall— 

10 ‘‘(A) annually revise the inventories author11 ized by subsection (b); and 

12 ‘‘(B) submit to the Committee on Transpor13 tation and Infrastructure of the House of Rep14 resentatives and the Committee on Environment 

15 and Public Works of the Senate a report on the 

16 inventories. 

17 ‘‘(2) INSPECTION REPORT.—Not later than 1 

18 year after the date of enactment of the MAP–21, each 

19 State and appropriate Federal agency shall report 

20 element level data to the Secretary, as each bridge is 

21 inspected pursuant to this section, for all highway 

22 bridges on the National Highway System. 

23 ‘‘(3) GUIDANCE.—The Secretary shall provide 

24 guidance to States and Federal agencies for imple-
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1 mentation of this subsection, while respecting the ex2 isting inspection schedule of each State. 

3 ‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY SYS4 TEM.—The Secretary shall— 

5 ‘‘(A) conduct a study on the benefits, cost6 effectiveness, and feasibility of requiring element7 level data collection for bridges not on the Na8 tional Highway System; and 

9 ‘‘(B) submit to the Committee on Transpor10 tation and Infrastructure of the House of Rep11 resentatives and the Committee on Environment 

12 and Public Works of the Senate a report on the 

13 results of the study. 

14 ‘‘(e) BRIDGES WITHOUT TAXING POWERS.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of law, any bridge that is owned and oper17 ated by an agency that does not have taxing powers 

18 and whose functions include operating a federally as19 sisted public transit system subsidized by toll reve20 nues shall be eligible for assistance under this title, 

21 but the amount of such assistance shall in no event 

22 exceed the cumulative amount which such agency has 

23 expended for capital and operating costs to subsidize 

24 such transit system. 
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1 ‘‘(2) INSUFFICIENT ASSETS.—Before authorizing 

2 an expenditure of funds under this subsection, the 

3 Secretary shall determine that the applicant agency 

4 has insufficient reserves, surpluses, and projected reve5 nues (over and above those required for bridge and 

6 transit capital and operating costs) to fund the bridge 

7 project or activity eligible for assistance under this 

8 title. 

9 ‘‘(3) CREDITING OF NON-FEDERAL FUNDS.—Any 

10 non-Federal funds expended for the seismic retrofit of 

11 the bridge may be credited toward the non-Federal 

12 share required as a condition of receipt of any Fed13 eral funds for seismic retrofit of the bridge made 

14 available after the date of the expenditure. 

15 ‘‘(f) REPLACEMENT OF DESTROYED BRIDGES AND

16 FERRY BOAT SERVICE.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of law, a State may use the funds appor19 tioned under section 104(b)(2) to construct any bridge 

20 that replaces— 

21 ‘‘(A) any low water crossing (regardless of 

22 the length of the low water crossing); 

23 ‘‘(B) any bridge that was destroyed prior to 

24 January 1, 1965; 
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1 ‘‘(C) any ferry that was in existence on 

2 January 1, 1984; or 

3 ‘‘(D) any road bridge that is rendered obso4 lete as a result of a Corps of Engineers flood con5 trol or channelization project and is not rebuilt 

6 with funds from the Corps of Engineers. 

7 ‘‘(2) FEDERAL SHARE.—The Federal share pay8 able on any bridge construction carried out under 

9 paragraph (1) shall be 80 percent of the cost of the 

10 construction. 

11 ‘‘(g) HISTORIC BRIDGES.— 

12 ‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In this 

13 subsection, the term ‘historic bridge’ means any 

14 bridge that is listed on, or eligible for listing on, the 

15 National Register of Historic Places. 

16 ‘‘(2) COORDINATION.—The Secretary shall, in co17 operation with the States, encourage the retention, re18 habilitation, adaptive reuse, and future study of his19 toric bridges. 

20 ‘‘(3) STATE INVENTORY.—The Secretary shall re21 quire each State to complete an inventory of all 

22 bridges on and off Federal-aid highways to determine 

23 the historic significance of the bridges. 

24 ‘‘(4) ELIGIBILITY.— 
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), reasonable costs associated with ac3 tions to preserve, or reduce the impact of a 

4 project under this chapter on, the historic integ5 rity of a historic bridge shall be eligible as reim6 bursable project costs under section 133 if the 

7 load capacity and safety features of the historic 

8 bridge are adequate to serve the intended use for 

9 the life of the historic bridge. 

10 ‘‘(B) BRIDGES NOT USED FOR VEHICLE

11 TRAFFIC.—In the case of a historic bridge that is 

12 no longer used for motorized vehicular traffic, the 

13 costs eligible as reimbursable project costs pursu14 ant to this chapter shall not exceed the estimated 

15 cost of demolition of the historic bridge. 

16 ‘‘(5) PRESERVATION.—Any State that proposes 

17 to demolish a historic bridge for a replacement project 

18 with funds made available to carry out this section 

19 shall first make the historic bridge available for dona20 tion to a State, locality, or responsible private entity 

21 if the State, locality, or responsible entity enters into 

22 an agreement— 

23 ‘‘(A) to maintain the bridge and the fea24 tures that give the historic bridge its historic sig25 nificance; and 
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1 ‘‘(B) to assume all future legal and finan2 cial responsibility for the historic bridge, which 

3 may include an agreement to hold the State 

4 transportation department harmless in any li5 ability action. 

6 ‘‘(6) COSTS INCURRED.— 

7 ‘‘(A) IN GENERAL.—Costs incurred by the 

8 State to preserve a historic bridge (including 

9 funds made available to the State, locality, or 

10 private entity to enable it to accept the bridge) 

11 shall be eligible as reimbursable project costs 

12 under this chapter in an amount not to exceed 

13 the cost of demolition. 

14 ‘‘(B) ADDITIONAL FUNDING.—Any bridge 

15 preserved pursuant to this paragraph shall not 

16 be eligible for any other funds authorized pursu17 ant to this title. 

18 ‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION

19 STANDARDS.— 

20 ‘‘(1) REQUIREMENT.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall es22 tablish and maintain inspection standards for 

23 the proper inspection and evaluation of all high24 way bridges and tunnels for safety and service25 ability. 
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1 ‘‘(B) UNIFORMITY.—The standards under 

2 this subsection shall be designed to ensure uni3 formity of the inspections and evaluations. 

4 ‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION

5 STANDARDS.—The standards established under para6 graph (1) shall, at a minimum— 

7 ‘‘(A) specify, in detail, the method by which 

8 the inspections shall be carried out by the States, 

9 Federal agencies, and tribal governments; 

10 ‘‘(B) establish the maximum time period be11 tween inspections; 

12 ‘‘(C) establish the qualifications for those 

13 charged with carrying out the inspections; 

14 ‘‘(D) require each State, Federal agency, 

15 and tribal government to maintain and make 

16 available to the Secretary on request— 

17 ‘‘(i) written reports on the results of 

18 highway bridge and tunnel inspections and 

19 notations of any action taken pursuant to 

20 the findings of the inspections; and 

21 ‘‘(ii) current inventory data for all 

22 highway bridges and tunnels reflecting the 

23 findings of the most recent highway bridge 

24 and tunnel inspections conducted; and 
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1 ‘‘(E) establish a procedure for national cer2 tification of highway bridge inspectors and tun3 nel inspectors. 

4 ‘‘(3) STATE COMPLIANCE WITH INSPECTION

5 STANDARDS.—The Secretary shall, at a minimum— 

6 ‘‘(A) establish, in consultation with the 

7 States, and interested and knowledgeable private 

8 organizations and individuals, procedures to 

9 conduct reviews of State compliance with— 

10 ‘‘(i) the standards established under 

11 this subsection; and 

12 ‘‘(ii) the calculation or reevaluation of 

13 bridge load ratings; and 

14 ‘‘(B) establish, in consultation with the 

15 States, and interested and knowledgeable private 

16 organizations and individuals, procedures for 

17 States to follow in reporting to the Secretary— 

18 ‘‘(i) critical findings relating to struc19 tural or safety-related deficiencies of high20 way bridges; and 

21 ‘‘(ii) monitoring activities and correc22 tive actions taken in response to a critical 

23 finding. 

24 ‘‘(4) REVIEWS OF STATE COMPLIANCE.— 
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1 ‘‘(A) IN GENERAL.—The Secretary shall an2 nually review State compliance with the stand3 ards established under this section. 

4 ‘‘(B) NONCOMPLIANCE.—If an annual re5 view in accordance with subparagraph (A) iden6 tifies noncompliance by a State, the Secretary 

7 shall— 

8 ‘‘(i) issue a report detailing the issues 

9 of the noncompliance by December 31 of the 

10 calendar year in which the review was 

11 made; and 

12 ‘‘(ii) provide the State an opportunity 

13 to address the noncompliance by— 

14 ‘‘(I) developing a corrective action 

15 plan to remedy the noncompliance; or 

16 ‘‘(II) resolving the issues of non17 compliance not later than 45 days 

18 after the date of notification. 

19 ‘‘(5) PENALTY FOR NONCOMPLIANCE.— 

20 ‘‘(A) IN GENERAL.—If a State fails to sat21 isfy the requirements of paragraph (4)(B) by Au22 gust 1 of the calendar year following the year of 

23 a finding of noncompliance, the Secretary shall, 

24 on October 1 of that year, and each year there25 after as may be necessary, require the State to 
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1 dedicate funds apportioned to the State under 

2 sections 119 and 133 after the date of enactment 

3 of the MAP–21 to correct the noncompliance 

4 with the minimum inspection standards estab5 lished under this subsection. 

6 ‘‘(B) AMOUNT.—The amount of the funds to 

7 be directed to correcting noncompliance in ac8 cordance with subparagraph (A) shall— 

9 ‘‘(i) be determined by the State based 

10 on an analysis of the actions needed to ad11 dress the noncompliance; and 

12 ‘‘(ii) require approval by the Sec13 retary. 

14 ‘‘(6) UPDATE OF STANDARDS.—Not later than 3 

15 years after the date of enactment of the MAP–21, the 

16 Secretary shall update inspection standards to 

17 cover— 

18 ‘‘(A) the methodology, training, and quali19 fications for inspectors; and 

20 ‘‘(B) the frequency of inspection. 

21 ‘‘(7) RISK-BASED APPROACH.—In carrying out 

22 the revisions required by paragraph (6), the Secretary 

23 shall consider a risk-based approach to determining 

24 the frequency of bridge inspections. 
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1 ‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL

2 INSPECTORS.— 

3 ‘‘(1) IN GENERAL.—The Secretary, in coopera4 tion with the State transportation departments, shall 

5 maintain a program designed to train appropriate 

6 personnel to carry out highway bridge and tunnel in7 spections. 

8 ‘‘(2) REVISIONS.—The training program shall be 

9 revised from time to time to take into account new 

10 and improved techniques. 

11 ‘‘(j) AVAILABILITY OF FUNDS.—To carry out this sec12 tion, the Secretary may use funds made available under 

13 sections 104(a), 119, 133, and 503.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

15 chapter 1 of title 23, United States Code, is amended by 

16 striking the item relating to section 144 and inserting the 

17 following: 

‘‘144. National bridge and tunnel inventory and inspection standards.’’. 

18 SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

19 Section 148 of title 23, United States Code, is amended 

20 to read as follows: 

21 ‘‘§ 148. Highway safety improvement program 

22 ‘‘(a) DEFINITIONS.—In this section, the following defi23 nitions apply: 

24 ‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high 

25 risk rural road’ means any roadway functionally 
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1 classified as a rural major or minor collector or a 

2 rural local road with significant safety risks, as de3 fined by a State in accordance with an updated State 

4 strategic highway safety plan. 

5 ‘‘(2) HIGHWAY BASEMAP.—The term ‘highway 

6 basemap’ means a representation of all public roads 

7 that can be used to geolocate attribute data on a road8 way. 

9 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO10 GRAM.—The term ‘highway safety improvement pro11 gram’ means projects, activities, plans, and reports 

12 carried out under this section. 

13 ‘‘(4) HIGHWAY SAFETY IMPROVEMENT

14 PROJECT.— 

15 ‘‘(A) IN GENERAL.—The term ‘highway 

16 safety improvement project’ means strategies, ac17 tivities, and projects on a public road that are 

18 consistent with a State strategic highway safety 

19 plan and— 

20 ‘‘(i) correct or improve a hazardous 

21 road location or feature; or 

22 ‘‘(ii) address a highway safety prob23 lem. 
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1 ‘‘(B) INCLUSIONS.—The term ‘highway safe2 ty improvement project’ includes, but is not lim3 ited to, a project for 1 or more of the following: 

4 ‘‘(i) An intersection safety improve5 ment. 

6 ‘‘(ii) Pavement and shoulder widening 

7 (including addition of a passing lane to 

8 remedy an unsafe condition). 

9 ‘‘(iii) Installation of rumble strips or 

10 another warning device, if the rumble strips 

11 or other warning devices do not adversely 

12 affect the safety or mobility of bicyclists and 

13 pedestrians, including persons with disabil14 ities. 

15 ‘‘(iv) Installation of a skid-resistant 

16 surface at an intersection or other location 

17 with a high frequency of crashes. 

18 ‘‘(v) An improvement for pedestrian or 

19 bicyclist safety or safety of persons with dis20 abilities. 

21 ‘‘(vi) Construction and improvement of 

22 a railway-highway grade crossing safety 

23 feature, including installation of protective 

24 devices. 
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1 ‘‘(vii) The conduct of a model traffic 

2 enforcement activity at a railway-highway 

3 crossing. 

4 ‘‘(viii) Construction of a traffic 

5 calming feature. 

6 ‘‘(ix) Elimination of a roadside haz7 ard. 

8 ‘‘(x) Installation, replacement, and 

9 other improvement of highway signage and 

10 pavement markings, or a project to main11 tain minimum levels of retroreflectivity, 

12 that addresses a highway safety problem 

13 consistent with a State strategic highway 

14 safety plan. 

15 ‘‘(xi) Installation of a priority control 

16 system for emergency vehicles at signalized 

17 intersections. 

18 ‘‘(xii) Installation of a traffic control 

19 or other warning device at a location with 

20 high crash potential. 

21 ‘‘(xiii) Transportation safety planning. 

22 ‘‘(xiv) Collection, analysis, and im23 provement of safety data. 

24 ‘‘(xv) Planning integrated interoper25 able emergency communications equipment, 
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1 operational activities, or traffic enforcement 

2 activities (including police assistance) relat3 ing to work zone safety. 

4 ‘‘(xvi) Installation of guardrails, bar5 riers (including barriers between construc6 tion work zones and traffic lanes for the 

7 safety of road users and workers), and crash 

8 attenuators. 

9 ‘‘(xvii) The addition or retrofitting of 

10 structures or other measures to eliminate or 

11 reduce crashes involving vehicles and wild12 life. 

13 ‘‘(xviii) Installation of yellow-green 

14 signs and signals at pedestrian and bicycle 

15 crossings and in school zones. 

16 ‘‘(xix) Construction and operational 

17 improvements on high risk rural roads. 

18 ‘‘(xx) Geometric improvements to a 

19 road for safety purposes that improve safe20 ty. 

21 ‘‘(xxi) A road safety audit. 

22 ‘‘(xxii) Roadway safety infrastructure 

23 improvements consistent with the rec24 ommendations included in the publication 

25 of the Federal Highway Administration en-
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1 titled ‘Highway Design Handbook for Older 

2 Drivers and Pedestrians’ (FHWA–RD–01– 

3 103), dated May 2001 or as subsequently re4 vised and updated. 

5 ‘‘(xxiii) Truck parking facilities eligi6 ble for funding under section 1401 of the 

7 MAP–21. 

8 ‘‘(xxiv) Systemic safety improvements. 

9 ‘‘(5) MODEL INVENTORY OF ROADWAY ELE10 MENTS.—The term ‘model inventory of roadway ele11 ments’ means the listing and standardized coding by 

12 the Federal Highway Administration of roadway and 

13 traffic data elements critical to safety management, 

14 analysis, and decisionmaking. 

15 ‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS OF

16 RETROREFLECTIVITY.—The term ‘project to maintain 

17 minimum levels of retroreflectivity’ means a project 

18 that is designed to maintain a highway sign or pave19 ment marking retroreflectivity at or above the min20 imum levels prescribed in Federal or State regula21 tions. 

22 ‘‘(7) ROAD SAFETY AUDIT.—The term ‘road safe23 ty audit’ means a formal safety performance exam24 ination of an existing or future road or intersection 

25 by an independent multidisciplinary audit team. 
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1 ‘‘(8) ROAD USERS.—The term ‘road user’ means 

2 a motorist, passenger, public transportation operator 

3 or user, truck driver, bicyclist, motorcyclist, or pedes4 trian, including a person with disabilities. 

5 ‘‘(9) SAFETY DATA.— 

6 ‘‘(A) IN GENERAL.—The term ‘safety data’ 

7 means crash, roadway, and traffic data on a 

8 public road. 

9 ‘‘(B) INCLUSION.—The term ‘safety data’ 

10 includes, in the case of a railway-highway grade 

11 crossing, the characteristics of highway and 

12 train traffic, licensing, and vehicle data. 

13 ‘‘(10) SAFETY PROJECT UNDER ANY OTHER SEC14 TION.— 

15 ‘‘(A) IN GENERAL.—The term ‘safety project 

16 under any other section’ means a project carried 

17 out for the purpose of safety under any other sec18 tion of this title. 

19 ‘‘(B) INCLUSION.—The term ‘safety project 

20 under any other section’ includes— 

21 ‘‘(i) a project consistent with the State 

22 strategic highway safety plan that promotes 

23 the awareness of the public and educates the 

24 public concerning highway safety matters 

25 (including motorcycle safety); 
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1 ‘‘(ii) a project to enforce highway safe2 ty laws; and 

3 ‘‘(iii) a project to provide infrastruc4 ture and infrastructure-related equipment 

5 to support emergency services. 

6 ‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT

7 PROGRAM.—The term ‘State highway safety improve8 ment program’ means a program of highway safety 

9 improvement projects, activities, plans and reports 

10 carried out as part of the Statewide transportation 

11 improvement program under section 135(g). 

12 ‘‘(12) STATE STRATEGIC HIGHWAY SAFETY

13 PLAN.—The term ‘State strategic highway safety 

14 plan’ means a comprehensive plan, based on safety 

15 data, developed by a State transportation department 

16 that— 

17 ‘‘(A) is developed after consultation with— 

18 ‘‘(i) a highway safety representative of 

19 the Governor of the State; 

20 ‘‘(ii) regional transportation planning 

21 organizations and metropolitan planning 

22 organizations, if any; 

23 ‘‘(iii) representatives of major modes of 

24 transportation; 
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1 ‘‘(iv) State and local traffic enforce2 ment officials; 

3 ‘‘(v) a highway-rail grade crossing 

4 safety representative of the Governor of the 

5 State; 

6 ‘‘(vi) representatives conducting a 

7 motor carrier safety program under section 

8 31102, 31106, or 31309 of title 49; 

9 ‘‘(vii) motor vehicle administration 

10 agencies; 

11 ‘‘(viii) county transportation officials; 

12 ‘‘(ix) State representatives of non13 motorized users; and 

14 ‘‘(x) other major Federal, State, tribal, 

15 and local safety stakeholders; 

16 ‘‘(B) analyzes and makes effective use of 

17 State, regional, local, or tribal safety data; 

18 ‘‘(C) addresses engineering, management, 

19 operation, education, enforcement, and emer20 gency services elements (including integrated, 

21 interoperable emergency communications) of 

22 highway safety as key factors in evaluating high23 way projects; 

24 ‘‘(D) considers safety needs of, and high-fa25 tality segments of, all public roads, including 
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1 non-State-owned public roads and roads on trib2 al land; 

3 ‘‘(E) considers the results of State, regional, 

4 or local transportation and highway safety plan5 ning processes; 

6 ‘‘(F) describes a program of strategies to re7 duce or eliminate safety hazards; 

8 ‘‘(G) is approved by the Governor of the 

9 State or a responsible State agency; 

10 ‘‘(H) is consistent with section 135(g); and 

11 ‘‘(I) is updated and submitted to the Sec12 retary for approval as required under subsection 

13 (d)(2). 

14 ‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The 

15 term ‘systemic safety improvement’ means an im16 provement that is widely implemented based on high17 risk roadway features that are correlated with par18 ticular crash types, rather than crash frequency. 

19 ‘‘(b) PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary shall carry 

21 out a highway safety improvement program. 

22 ‘‘(2) PURPOSE.—The purpose of the highway 

23 safety improvement program shall be to achieve a sig24 nificant reduction in traffic fatalities and serious in-
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1 juries on all public roads, including non-State-owned 

2 public roads and roads on tribal land. 

3 ‘‘(c) ELIGIBILITY.— 

4 ‘‘(1) IN GENERAL.—To obligate funds appor5 tioned under section 104(b)(3) to carry out this sec6 tion, a State shall have in effect a State highway safe7 ty improvement program under which the State— 

8 ‘‘(A) develops, implements, and updates a 

9 State strategic highway safety plan that identi10 fies and analyzes highway safety problems and 

11 opportunities as provided in subsections (a)(12) 

12 and (d); 

13 ‘‘(B) produces a program of projects or 

14 strategies to reduce identified safety problems; 

15 and 

16 ‘‘(C) evaluates the strategic highway safety 

17 plan on a regularly recurring basis in accord18 ance with subsection (d)(1) to ensure the accu19 racy of the data and priority of proposed strate20 gies. 

21 ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH22 WAY SAFETY PROBLEMS AND OPPORTUNITIES.—As 

23 part of the State highway safety improvement pro24 gram, a State shall— 
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1 ‘‘(A) have in place a safety data system 

2 with the ability to perform safety problem iden3 tification and countermeasure analysis— 

4 ‘‘(i) to improve the timeliness, accu5 racy, completeness, uniformity, integration, 

6 and accessibility of the safety data on all 

7 public roads, including non-State-owned 

8 public roads and roads on tribal land in the 

9 State; 

10 ‘‘(ii) to evaluate the effectiveness of 

11 data improvement efforts; 

12 ‘‘(iii) to link State data systems, in13 cluding traffic records, with other data sys14 tems within the State; 

15 ‘‘(iv) to improve the compatibility and 

16 interoperability of safety data with other 

17 State transportation-related data systems 

18 and the compatibility and interoperability 

19 of State safety data systems with data sys20 tems of other States and national data sys21 tems; 

22 ‘‘(v) to enhance the ability of the Sec23 retary to observe and analyze national 

24 trends in crash occurrences, rates, outcomes, 

25 and circumstances; and 
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1 ‘‘(vi) to improve the collection of data 

2 on nonmotorized crashes; 

3 ‘‘(B) based on the analysis required by sub4 paragraph (A)— 

5 ‘‘(i) identify hazardous locations, sec6 tions, and elements (including roadside ob7 stacles, railway-highway crossing needs, 

8 and unmarked or poorly marked roads) that 

9 constitute a danger to motorists (including 

10 motorcyclists), bicyclists, pedestrians, and 

11 other highway users; 

12 ‘‘(ii) using such criteria as the State 

13 determines to be appropriate, establish the 

14 relative severity of those locations, in terms 

15 of crashes (including crash rates), fatalities, 

16 serious injuries, traffic volume levels, and 

17 other relevant data; 

18 ‘‘(iii) identify the number of fatalities 

19 and serious injuries on all public roads by 

20 location in the State; 

21 ‘‘(iv) identify highway safety improve22 ment projects on the basis of crash experi23 ence, crash potential, crash rate, or other 

24 data-supported means; and 
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1 ‘‘(v) consider which projects maximize 

2 opportunities to advance safety; 

3 ‘‘(C) adopt strategic and performance-based 

4 goals that— 

5 ‘‘(i) address traffic safety, including 

6 behavioral and infrastructure problems and 

7 opportunities on all public roads; 

8 ‘‘(ii) focus resources on areas of great9 est need; and 

10 ‘‘(iii) are coordinated with other State 

11 highway safety programs; 

12 ‘‘(D) advance the capabilities of the State 

13 for safety data collection, analysis, and integra14 tion in a manner that— 

15 ‘‘(i) complements the State highway 

16 safety program under chapter 4 and the 

17 commercial vehicle safety plan under sec18 tion 31102 of title 49; 

19 ‘‘(ii) includes all public roads, includ20 ing public non-State-owned roads and roads 

21 on tribal land; 

22 ‘‘(iii) identifies hazardous locations, 

23 sections, and elements on all public roads 

24 that constitute a danger to motorists (in25 cluding motorcyclists), bicyclists, pedes-
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1 trians, persons with disabilities, and other 

2 highway users; 

3 ‘‘(iv) includes a means of identifying 

4 the relative severity of hazardous locations 

5 described in clause (iii) in terms of crashes 

6 (including crash rate), serious injuries, fa7 talities, and traffic volume levels; and 

8 ‘‘(v) improves the ability of the State 

9 to identify the number of fatalities and seri10 ous injuries on all public roads in the State 

11 with a breakdown by functional classifica12 tion and ownership in the State; 

13 ‘‘(E)(i) determine priorities for the correc14 tion of hazardous road locations, sections, and 

15 elements (including railway-highway crossing 

16 improvements), as identified through safety data 

17 analysis; 

18 ‘‘(ii) identify opportunities for preventing 

19 the development of such hazardous conditions; 

20 and 

21 ‘‘(iii) establish and implement a schedule of 

22 highway safety improvement projects for hazard 

23 correction and hazard prevention; and 

24 ‘‘(F)(i) establish an evaluation process to 

25 analyze and assess results achieved by highway 
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1 safety improvement projects carried out in ac2 cordance with procedures and criteria established 

3 by this section; and 

4 ‘‘(ii) use the information obtained under 

5 clause (i) in setting priorities for highway safety 

6 improvement projects. 

7 ‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY

8 PLANS.— 

9 ‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 

10 ‘‘(A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of the MAP–21, the 

12 Secretary shall establish requirements for regu13 larly recurring State updates of strategic high14 way safety plans. 

15 ‘‘(B) CONTENTS OF UPDATED STRATEGIC

16 HIGHWAY SAFETY PLANS.—In establishing re17 quirements under this subsection, the Secretary 

18 shall ensure that States take into consideration, 

19 with respect to updated strategic highway safety 

20 plans— 

21 ‘‘(i) the findings of road safety audits; 

22 ‘‘(ii) the locations of fatalities and se23 rious injuries; 

24 ‘‘(iii) the locations that do not have an 

25 empirical history of fatalities and serious 
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1 injuries, but possess risk factors for poten2 tial crashes; 

3 ‘‘(iv) rural roads, including all public 

4 roads, commensurate with fatality data; 

5 ‘‘(v) motor vehicle crashes that include 

6 fatalities or serious injuries to pedestrians 

7 and bicyclists; 

8 ‘‘(vi) the cost-effectiveness of improve9 ments; 

10 ‘‘(vii) improvements to rail-highway 

11 grade crossings; and 

12 ‘‘(viii) safety on all public roads, in13 cluding non-State-owned public roads and 

14 roads on tribal land. 

15 ‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGH16 WAY SAFETY PLANS.— 

17 ‘‘(A) IN GENERAL.—Each State shall— 

18 ‘‘(i) update the strategic highway safe19 ty plans of the State in accordance with the 

20 requirements established by the Secretary 

21 under this subsection; and 

22 ‘‘(ii) submit the updated plans to the 

23 Secretary, along with a detailed description 

24 of the process used to update the plan. 
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1 ‘‘(B) REQUIREMENTS FOR APPROVAL.—The 

2 Secretary shall not approve the process for an 

3 updated strategic highway safety plan unless— 

4 ‘‘(i) the updated strategic highway 

5 safety plan is consistent with the require6 ments of this subsection and subsection 

7 (a)(12); and 

8 ‘‘(ii) the process used is consistent with 

9 the requirements of this subsection. 

10 ‘‘(3) PENALTY FOR FAILURE TO HAVE AN AP11 PROVED UPDATED STRATEGIC HIGHWAY SAFETY

12 PLAN.—If a State does not have an updated strategic 

13 highway safety plan with a process approved by the 

14 Secretary by August 1 of the fiscal year beginning 

15 after the date of establishment of the requirements 

16 under paragraph (1)— 

17 ‘‘(A) the State shall not be eligible to receive 

18 any additional limitation pursuant to the redis19 tribution of the limitation on obligations for 

20 Federal-aid highway and highway safety con21 struction programs that occurs after August 1 for 

22 each succeeding fiscal year until the fiscal year 

23 during which the plan is approved; and 

24 ‘‘(B) the Secretary shall, on October 1 of 

25 each fiscal year thereafter, transfer from funds 
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1 apportioned to the State under section 104(b)(2) 

2 (other than amounts suballocated to metropolitan 

3 areas and other areas of the State under section 

4 133(d)) an amount equal to 10 percent of the 

5 funds so apportioned for the fiscal year for use 

6 under the highway safety improvement program 

7 under this section to the apportionment of the 

8 State under section 104(b)(3) until the fiscal 

9 year in which the plan is approved. 

10 ‘‘(e) ELIGIBLE PROJECTS.— 

11 ‘‘(1) IN GENERAL.—Funds apportioned to the 

12 State under section 104(b)(3) may be obligated to 

13 carry out— 

14 ‘‘(A) any highway safety improvement 

15 project on any public road or publicly owned bi16 cycle or pedestrian pathway or trail; or 

17 ‘‘(B) as provided in subsection (f), other 

18 safety projects. 

19 ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 

20 ‘‘(A) EFFECT OF SECTION.—Nothing in this 

21 section prohibits the use of funds made available 

22 under other provisions of this title for highway 

23 safety improvement projects. 

24 ‘‘(B) USE OF OTHER FUNDS.—States are 

25 encouraged to address the full scope of the safety 
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1 needs and opportunities of the States by using 

2 funds made available under other provisions of 

3 this title (except a provision that specifically 

4 prohibits that use). 

5 ‘‘(f) FLEXIBLE FUNDING FOR STATES WITH A STRA6 TEGIC HIGHWAY SAFETY PLAN.— 

7 ‘‘(1) IN GENERAL.—To further the implementa8 tion of a State strategic highway safety plan, a State 

9 may use up to 10 percent of the amount of funds ap10 portioned to the State under section 104(b)(3) for a 

11 fiscal year to carry out safety projects under any 

12 other section as provided in the State strategic high13 way safety plan if the State certifies that— 

14 ‘‘(A) the State has met needs in the State 

15 relating to railway-highway crossings for the 

16 preceding fiscal year; and 

17 ‘‘(B) the funds are being used for the most 

18 effective projects to make progress toward achiev19 ing the safety performance targets of the State. 

20 ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY

21 SAFETY PLANS.—Nothing in this subsection requires a 

22 State to revise any State process, plan, or program 

23 in effect on the date of enactment of the MAP–21. 

24 ‘‘(g) DATA IMPROVEMENT.— 
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1 ‘‘(1) DEFINITION OF DATA IMPROVEMENT ACTIVI2 TIES.—In this subsection: 

3 ‘‘(A) IN GENERAL.—The term ‘data im4 provement activities’ means a project or activity 

5 to further the capacity of a State to make more 

6 informed and effective safety infrastructure in7 vestment decisions. 

8 ‘‘(B) INCLUSIONS.—The term ‘data im9 provement activities’ includes a project or activ10 ity— 

11 ‘‘(i) to create, update, or enhance a 

12 highway basemap of all public roads in a 

13 State; 

14 ‘‘(ii) to collect safety data, including 

15 data identified as part of the model inven16 tory of roadway elements, for creation of or 

17 use on a highway basemap of all public 

18 roads in a State; 

19 ‘‘(iii) to store and maintain safety 

20 data in an electronic manner; 

21 ‘‘(iv) to develop analytical processes for 

22 safety data elements; 

23 ‘‘(v) to acquire and implement road24 way safety analysis tools; and 
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1 ‘‘(vi) to support the collection, mainte2 nance, and sharing of safety data on all 

3 public roads and related systems associated 

4 with the analytical usage of that data. 

5 ‘‘(2) APPORTIONMENT.—Of the funds appor6 tioned to a State under section 104(b)(3) for a fiscal 

7 year— 

8 ‘‘(A) not less than 8 percent of the funds ap9 portioned for each of fiscal years 2012 through 

10 2013 shall be available only for data improve11 ment activities under this subsection; and 

12 ‘‘(B) not less than 4 percent of the funds 

13 apportioned for fiscal year 2014 and each fiscal 

14 year thereafter shall be available only for data 

15 improvement activities under this subsection. 

16 ‘‘(3) SPECIAL RULE.—A State may use funds 

17 apportioned to the State pursuant to this subsection 

18 for any project eligible under this section if the State 

19 demonstrates to the satisfaction of the Secretary that 

20 the State has met all of the State needs for data col21 lection to support the State strategic highway safety 

22 plan and sufficiently addressed the data improvement 

23 activities described in paragraph (1). 

24 ‘‘(4) MODEL INVENTORY OF ROADWAY ELE25 MENTS.—The Secretary shall— 
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1 ‘‘(A) establish a subset of the model inven2 tory of roadway elements that are useful for the 

3 inventory of roadway safety; and 

4 ‘‘(B) ensure that States adopt and use the 

5 subset to improve data collection. 

6 ‘‘(h) PERFORMANCE MEASURES AND TARGETS FOR

7 STATE HIGHWAY SAFETY IMPROVEMENT PROGRAMS.— 

8 ‘‘(1) ESTABLISHMENT OF PERFORMANCE MEAS9 URES.—Not later than 1 year after the date of enact10 ment of the MAP–21, the Secretary shall issue guid11 ance to States on the establishment, collection, and re12 porting of performance measures that reflect— 

13 ‘‘(A) serious injuries and fatalities per vehi14 cle mile traveled; 

15 ‘‘(B) serious injuries and fatalities per cap16 ita; and 

17 ‘‘(C) the number of serious injuries and fa18 talities 

19 ‘‘(2) ESTABLISHMENT OF STATE PERFORMANCE

20 TARGETS.—Not later than 1 year after the Secretary 

21 has issued guidance to States on the establishment, 

22 collection, and reporting of performance measures, 

23 each State shall set performance targets that reflect— 

24 ‘‘(A) serious injuries and fatalities per vehi25 cle mile traveled; 
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1 ‘‘(B) serious injuries and fatalities per cap2 ita; and 

3 ‘‘(C) the number of serious injuries and fa4 talities. 

5 ‘‘(i) SPECIAL RULES.— 

6 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the 

7 fatality rate on rural roads in a State increases over 

8 the most recent 2-year period for which data are 

9 available, that State shall be required to obligate in 

10 the next fiscal year for projects on high risk rural 

11 roads an amount equal to at least 200 percent of the 

12 amount of funds the State received for fiscal year 

13 2009 for high risk rural roads under subsection (f) of 

14 this section, as in effect on the day before the date of 

15 enactment of the MAP–21. 

16 ‘‘(2) RAIL-HIGHWAY GRADE CROSSINGS.—If the 

17 average number of fatalities at rail-highway grade 

18 crossings in a State over the most recent 2-year pe19 riod for which data are available increases over the 

20 average number of fatalities during the preceding 2- 

21 year period, that State shall be required to obligate 

22 in the next fiscal year for projects on rail-highway 

23 grade crossings an amount equal to 120 percent of the 

24 amount of funds the State received for fiscal year 

25 2009 for rail-highway grade crossings under section 
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1 130(f) (as in effect on the day before the date of enact2 ment of the MAP–21). 

3 ‘‘(3) OLDER DRIVERS.—If traffic fatalities and 

4 serious injuries per capita for drivers and pedestrians 

5 over the age of 65 in a State increases during the 

6 most recent 2-year period for which data are avail7 able, that State shall be required to include, in the 

8 subsequent Strategic Highway Safety Plan of the 

9 State, strategies to address the increases in those 

10 rates, taking into account the recommendations in11 cluded in the publication of the Federal Highway Ad12 ministration entitled ‘Highway Design Handbook for 

13 Older Drivers and Pedestrians’ (FHWA–RD–01– 

14 103), and dated May 2001, or as subsequently revised 

15 and updated. 

16 ‘‘(j) REPORTS.— 

17 ‘‘(1) IN GENERAL.—A State shall submit to the 

18 Secretary a report that— 

19 ‘‘(A) describes the progress being made to 

20 achieve the performance targets established under 

21 subsection (h); 

22 ‘‘(B) describes progress being made to im23 plement highway safety improvement projects 

24 under this section; 
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1 ‘‘(C) assesses the effectiveness of those im2 provements; and 

3 ‘‘(D) describes the extent to which the im4 provements funded under this section have con5 tributed to reducing— 

6 ‘‘(i) the number and rate of fatalities 

7 on all public roads with, to the maximum 

8 extent practicable, a breakdown by func9 tional classification and ownership in the 

10 State; 

11 ‘‘(ii) the number and rate of serious 

12 injuries on all public roads with, to the 

13 maximum extent practicable, a breakdown 

14 by functional classification and ownership 

15 in the State; and 

16 ‘‘(iii) the occurrences of fatalities and 

17 serious injuries at railway-highway cross18 ings. 

19 ‘‘(2) CONTENTS; SCHEDULE.—The Secretary 

20 shall establish the content and schedule for the sub21 mission of the report under paragraph (1). 

22 ‘‘(3) TRANSPARENCY.—The Secretary shall make 

23 strategic highway safety plans submitted under sub24 section (d) and reports submitted under this sub25 section available to the public through— 
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1 ‘‘(A) the website of the Department; and 

2 ‘‘(B) such other means as the Secretary de3 termines to be appropriate. 

4 ‘‘(4) DISCOVERY AND ADMISSION INTO EVIDENCE

5 OF CERTAIN REPORTS, SURVEYS, AND INFORMA6 TION.—Notwithstanding any other provision of law, 

7 reports, surveys, schedules, lists, or data compiled or 

8 collected for any purpose relating to this section, shall 

9 not be subject to discovery or admitted into evidence 

10 in a Federal or State court proceeding or considered 

11 for other purposes in any action for damages arising 

12 from any occurrence at a location identified or ad13 dressed in the reports, surveys, schedules, lists, or 

14 other data. 

15 ‘‘(k) STATE PERFORMANCE TARGETS.—If the Sec16 retary determines that a State has not met or made signifi17 cant progress toward meeting the performance targets of the 

18 State established under subsection (h) by the date that is 

19 2 years after the date of the establishment of the perform20 ance targets, the State shall— 

21 ‘‘(1) use obligation authority equal to the appor22 tionment of the State for the prior year under section 

23 104(b)(3) only for highway safety improvement 

24 projects under this section until the Secretary deter25 mines that the State has met or made significant 
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1 progress toward meeting the performance targets of 

2 the State; and 

3 ‘‘(2) submit annually to the Secretary, until the 

4 Secretary determines that the State has met or made 

5 significant progress toward meeting the performance 

6 targets of the State, an implementation plan that— 

7 ‘‘(A) identifies roadway features that con8 stitute a hazard to road users; 

9 ‘‘(B) identifies highway safety improvement 

10 projects on the basis of crash experience, crash 

11 potential, or other data-supported means; 

12 ‘‘(C) describes how highway safety improve13 ment program funds will be allocated, including 

14 projects, activities, and strategies to be imple15 mented; 

16 ‘‘(D) describes how the proposed projects, 

17 activities, and strategies funded under the State 

18 highway safety improvement program will allow 

19 the State to make progress toward achieving the 

20 safety performance targets of the State; and 

21 ‘‘(E) describes the actions the State will un22 dertake to meet the performance targets of the 

23 State. 

24 ‘‘(l) FEDERAL SHARE OF HIGHWAY SAFETY IMPROVE25 MENT PROJECTS.—Except as provided in sections 120 and 
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1 130, the Federal share of the cost of a highway safety im2 provement project carried out with funds apportioned to a 

3 State under section 104(b)(3) shall be 90 percent.’’. 

4 SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IM5 PROVEMENT PROGRAM. 

6 Section 149 of title 23, United States Code, is amended 

7 to read as follows: 

8 ‘‘§ 149. Congestion mitigation and air quality im9 provement program 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

11 and implement a congestion mitigation and air quality im12 provement program in accordance with this section. 

13 ‘‘(b) ELIGIBLE PROJECTS.— 

14 ‘‘(1) IN GENERAL.—Except as provided in sub15 section (c), a State may obligate funds apportioned to 

16 the State for the congestion mitigation and air qual17 ity improvement program under section 104(b)(4) 

18 that are not reserved under subsection (l) only for a 

19 transportation project or program if the project or 

20 program is for an area in the State that is or was 

21 designated as a nonattainment area for ozone, carbon 

22 monoxide, or particulate matter under section 107(d) 

23 of the Clean Air Act (42 U.S.C. 7407(d)) and classi24 fied pursuant to section 181(a), 186(a), 188(a), or 

25 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 
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1 7512(a), 7513(a), or 7513(b)) or is or was designated 

2 as a nonattainment area under section 107(d) of that 

3 Act after December 31, 1997, or is required to pre4 pare, and file with the Administrator of the Environ5 mental Protection Agency, maintenance plans under 

6 the Clean Air Act (42 U.S.C. 7401 et seq.); and 

7 ‘‘(A)(i)(I) if the Secretary, after consulta8 tion with the Administrator determines, on the 

9 basis of information published by the Environ10 mental Protection Agency pursuant to subpara11 graph (A) of section 108(f)(1) of the Clean Air 

12 Act (other than clause (xvi) of that subpara13 graph) (42 U.S.C. 7408(f)(1)) that the project or 

14 program is likely to contribute to— 

15 ‘‘(aa) the attainment of a national am16 bient air quality standard; or 

17 ‘‘(bb) the maintenance of a national 

18 ambient air quality standard in a mainte19 nance area; and 

20 ‘‘(II) there exists a high level of effectiveness 

21 in reducing air pollution, in cases of projects or 

22 programs where sufficient information is avail23 able in the database established pursuant to sub24 section (h) to determine the relative effectiveness 

25 of such projects or programs; or 
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1 ‘‘(ii) in any case in which such information 

2 is not available, if the Secretary, after such con3 sultation, determines that the project or program 

4 is part of a program, method, or strategy de5 scribed in such section 108(f)(1)(A); 

6 ‘‘(B) if the project or program is included 

7 in a State implementation plan that has been 

8 approved pursuant to the Clean Air Act and the 

9 project will have air quality benefits; 

10 ‘‘(C) to establish or operate a traffic moni11 toring, management, and control facility or pro12 gram, including truck stop electrification sys13 tems, if the Secretary, after consultation with the 

14 Administrator, determines that the facility or 

15 program is likely to contribute to the attainment 

16 of a national ambient air quality standard; 

17 ‘‘(D) if the program or project improves 

18 traffic flow, including projects to improve sig19 nalization, construct high-occupancy vehicle 

20 lanes, improve intersections, add turning lanes, 

21 improve transportation systems management 

22 and operations that mitigate congestion and im23 prove air quality, and implement intelligent 

24 transportation system strategies and such other 

25 projects that are eligible for assistance under this 
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1 section on the day before the date of enactment 

2 of the MAP–21, including programs or projects 

3 to improve incident and emergency response or 

4 improve mobility, such as through real-time traf5 fic, transit, and multimodal traveler informa6 tion; 

7 ‘‘(E) if the project or program involves the 

8 purchase of integrated, interoperable emergency 

9 communications equipment; 

10 ‘‘(F) if the project or program is for— 

11 ‘‘(i) the purchase of diesel retrofits that 

12 are— 

13 ‘‘(I) for motor vehicles (as defined 

14 in section 216 of the Clean Air Act (42 

15 U.S.C. 7550)); or 

16 ‘‘(II) verified technologies (as de17 fined in section 791 of the Energy Pol18 icy Act of 2005 (42 U.S.C. 16131)) for 

19 nonroad vehicles and nonroad engines 

20 (as defined in section 216 of the Clean 

21 Air Act (42 U.S.C. 7550)) that are 

22 used in construction projects that 

23 are— 

24 ‘‘(aa) located in nonattain25 ment or maintenance areas for 
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1 ozone, PM10, or PM2.5 (as defined 

2 under the Clean Air Act (42 

3 U.S.C. 7401 et seq.)); and 

4 ‘‘(bb) funded, in whole or in 

5 part, under this title; or 

6 ‘‘(ii) the conduct of outreach activities 

7 that are designed to provide information 

8 and technical assistance to the owners and 

9 operators of diesel equipment and vehicles 

10 regarding the purchase and installation of 

11 diesel retrofits; 

12 ‘‘(G) if the project involves the installation 

13 of battery charging or replacement facilities for 

14 electric-drive vehicles, or refueling facilities for 

15 alternative-fuel vehicles; 

16 ‘‘(H) if the project or program shifts traffic 

17 demand to nonpeak hours or other transpor18 tation modes, increases vehicle occupancy rates, 

19 or otherwise reduces demand for roads through 

20 such means as telecommuting, ridesharing, 

21 carsharing, alternative work hours, and pricing; 

22 or 

23 ‘‘(I) if the Secretary, after consultation with 

24 the Administrator, determines that the project or 

25 program is likely to contribute to the attainment 
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1 of a national ambient air quality standard, 

2 whether through reductions in vehicle miles trav3 eled, fuel consumption, or through other factors. 

4 ‘‘(2) LIMITATIONS.—Funds apportioned to a 

5 State under section 104(b)(4) and not reserved under 

6 subsection (l) may not be obligated for a project that 

7 will result in the construction of new capacity avail8 able to single-occupant vehicles unless the project con9 sists of a high-occupancy vehicle facility available to 

10 single-occupant vehicles only at other than peak travel 

11 times or such use by single-occupant vehicles at peak 

12 travel times is subject to a toll. 

13 ‘‘(3) USE OF FUNDS FOR OTHER ACTIVITIES.— 

14 Notwithstanding paragraph (1) and subsection (c), 

15 the Secretary may permit a State to use amounts ap16 portioned to the State for each of fiscal years 2012 

17 and 2013 for the congestion mitigation and air qual18 ity improvement program under section 104(b)(4) to 

19 carry out any activity on a system that was eligible 

20 for funding under that program as in effect on De21 cember 31, 2010. 

22 ‘‘(c) STATES FLEXIBILITY.— 

23 ‘‘(1) STATES WITHOUT A NONATTAINMENT

24 AREA.—If a State does not have, and never has had, 

25 a nonattainment area designated under the Clean Air 
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1 Act (42 U.S.C. 7401 et seq.) for ozone, carbon mon2 oxide, or PM2.5, the State may use funds apportioned 

3 to the State under section 104(b)(4) (excluding the 

4 amount of funds reserved under subsection (l)) for 

5 any project in the State that— 

6 ‘‘(A) would otherwise be eligible under sub7 section (b) as if the project were carried out in 

8 a nonattainment or maintenance area; or 

9 ‘‘(B) is eligible under the transportation 

10 mobility program under section 133. 

11 ‘‘(2) STATES WITH A NONATTAINMENT AREA.— 

12 ‘‘(A) IN GENERAL.—If a State has a non13 attainment area or maintenance area and re14 ceived funds in fiscal year 2009 under section 

15 104(b)(2)(D), as in effect on the day before the 

16 date of enactment of the MAP–21, above the 

17 amount of funds that the State would have re18 ceived based on the nonattainment and mainte19 nance area population of the State under sub20 paragraphs (B) and (C) of section 104(b)(2), as 

21 in effect on the day before the date of enactment 

22 of the MAP–21, the State may use for any 

23 project that is eligible under the transportation 

24 mobility program under section 133 an amount 

25 of funds apportioned to such State under section 
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1 104(b)(4) (excluding the amount of funds re2 served under subsection (l)) that is equal to the 

3 product obtained by multiplying— 

4 ‘‘(i) the amount apportioned to such 

5 State under section 104(b)(4) (excluding the 

6 amount of funds reserved under subsection 

7 (l)); by 

8 ‘‘(ii) the ratio calculated under para9 graph (B). 

10 ‘‘(B) RATIO.—For purposes of this para11 graph, the ratio shall be calculated as— 

12 ‘‘(i) the amount for fiscal year 2009 

13 such State was permitted by section 

14 149(c)(2), as in effect on the day before the 

15 date of enactment of the MAP–21, to obli16 gate in any area of the State for projects el17 igible under section 133, as in effect on the 

18 day before the date of enactment of the 

19 MAP–21; bears to 

20 ‘‘(ii) the total apportionment to such 

21 State for fiscal year 2009 under section 

22 104(b)(2), as in effect on the day before the 

23 date of enactment of the MAP–21. 

24 ‘‘(3) CHANGES IN DESIGNATION.—If a new non25 attainment area is designated or a previously des-
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1 ignated nonattainment area is redesignated as an at2 tainment area in a State under the Clean Air Act (42 

3 U.S.C. 7401 et seq.), the Secretary shall modify the 

4 amount such State is permitted to obligate in any 

5 area of the State for projects eligible under section 

6 133. 

7 ‘‘(d) APPLICABILITY OF PLANNING REQUIREMENTS.— 

8 Programming and expenditure of funds for projects under 

9 this section shall be consistent with the requirements of sec10 tions 134 and 135. 

11 ‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL ENTI12 TIES.— 

13 ‘‘(1) IN GENERAL.—Notwithstanding any other 

14 provision of this title and in accordance with this 

15 subsection, a metropolitan planning organization, 

16 State transportation department, or other project 

17 sponsor may enter into an agreement with any pub18 lic, private, or nonprofit entity to cooperatively im19 plement any project carried out with funds appor20 tioned under section 104(b)(4). 

21 ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.— 

22 Participation by an entity under paragraph (1) may 

23 consist of— 
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1 ‘‘(A) ownership or operation of any land, 

2 facility, vehicle, or other physical asset associ3 ated with the project; 

4 ‘‘(B) cost sharing of any project expense; 

5 ‘‘(C) carrying out of administration, con6 struction management, project management, 

7 project operation, or any other management or 

8 operational duty associated with the project; and 

9 ‘‘(D) any other form of participation ap10 proved by the Secretary. 

11 ‘‘(3) ALLOCATION TO ENTITIES.—A State may 

12 allocate funds apportioned under section 104(b)(4) to 

13 an entity described in paragraph (1). 

14 ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the case 

15 of a project that will provide for the use of alternative 

16 fuels by privately owned vehicles or vehicle fleets, ac17 tivities eligible for funding under this subsection— 

18 ‘‘(A) may include the costs of vehicle refuel19 ing infrastructure, including infrastructure that 

20 would support the development, production, and 

21 use of emerging technologies that reduce emis22 sions of air pollutants from motor vehicles, and 

23 other capital investments associated with the 

24 project; 
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1 ‘‘(B) shall include only the incremental cost 

2 of an alternative fueled vehicle, as compared to 

3 a conventionally fueled vehicle, that would other4 wise be borne by a private party; and 

5 ‘‘(C) shall apply other governmental finan6 cial purchase contributions in the calculation of 

7 net incremental cost. 

8 ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION

9 WITH RESPECT TO REQUIRED ACTIVITIES.—A Federal 

10 participation payment under this subsection may not 

11 be made to an entity to fund an obligation imposed 

12 under the Clean Air Act (42 U.S.C. 7401 et seq.) or 

13 any other Federal law. 

14 ‘‘(f) PRIORITY CONSIDERATION.—States and metro15 politan planning organizations shall give priority in areas 

16 designated as nonattainment or maintenance for PM2.5

17 under the Clean Air Act (42 U.S.C. 7401 et seq.) in distrib18 uting funds received for congestion mitigation and air qual19 ity projects and programs from apportionments under sec20 tion 104(b)(4) not required to be reserved under subsection 

21 (l) to projects that are proven to reduce PM2.5, including 

22 diesel retrofits. 

23 ‘‘(g) INTERAGENCY CONSULTATION.—The Secretary 

24 shall encourage States and metropolitan planning organi25 zations to consult with State and local air quality agencies 
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1 in nonattainment and maintenance areas on the estimated 

2 emission reductions from proposed congestion mitigation 

3 and air quality improvement programs and projects. 

4 ‘‘(h) EVALUATION AND ASSESSMENT OF PROJECTS.— 

5 ‘‘(1) DATABASE.— 

6 ‘‘(A) IN GENERAL.—Using appropriate as7 sessments of projects funded under the congestion 

8 mitigation and air quality program and results 

9 from other research, the Secretary shall maintain 

10 and disseminate a cumulative database describ11 ing the impacts of the projects, including specific 

12 information about each project, such as the 

13 project name, location, sponsor, cost, and, to the 

14 extent already measured by the project sponsor, 

15 cost-effectiveness, based on reductions in conges16 tion and emissions. 

17 ‘‘(B) AVAILABILITY.—The database shall be 

18 published or otherwise made readily available by 

19 the Secretary in electronically accessible format 

20 and means, such as the Internet, for public re21 view. 

22 ‘‘(2) COST EFFECTIVENESS.— 

23 ‘‘(A) IN GENERAL.—The Secretary, in con24 sultation with the Administrator of the Environ25 mental Protection Agency, shall evaluate projects 
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1 on a periodic basis and develop a table or other 

2 similar medium that illustrates the cost-effective3 ness of a range of project types eligible for fund4 ing under this section as to how the projects 

5 mitigate congestion and improve air quality. 

6 ‘‘(B) CONTENTS.—The table described in 

7 subparagraph (A) shall show measures of cost-ef8 fectiveness, such as dollars per ton of emissions 

9 reduced, and assess those measures over a variety 

10 of timeframes to capture impacts on the plan11 ning timeframes outlined in section 134. 

12 ‘‘(C) USE OF TABLE.—States and metro13 politan planning organizations shall consider the 

14 information in the table when selecting projects 

15 or developing performance plans under sub16 section (k). 

17 ‘‘(i) OPTIONAL PROGRAMMATIC ELIGIBILITY.— 

18 ‘‘(1) IN GENERAL.—At the discretion of a metro19 politan planning organization, a technical assessment 

20 of a selected program of projects may be conducted 

21 through modeling or other means to demonstrate the 

22 emissions reduction projection required under this 

23 section. 

24 ‘‘(2) APPLICABILITY.—If an assessment described 

25 in paragraph (1) successfully demonstrates an emis-
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1 sions reduction, all projects included in such assess2 ment shall be eligible for obligation under this section 

3 without further demonstration of emissions reduction 

4 of individual projects included in such assessment. 

5 ‘‘(j) SUBALLOCATION TO NONATTAINMENT AND MAIN6 TENANCE AREAS.— 

7 ‘‘(1) IN GENERAL.—An amount equal to 50 per8 cent of the amount of funds apportioned to each State 

9 under section 104(b)(4) (excluding the amount of 

10 funds reserved under subsection (l)) shall be suballo11 cated for projects within each area designated as non12 attainment or maintenance for the pollutants de13 scribed in subsection (b). 

14 ‘‘(2) DISTRIBUTION OF FUNDS.—The distribution 

15 within any State of funds required to be suballocated 

16 under paragraph (1) to each nonattainment or main17 tenance area shall be in accordance with a formula 

18 developed by each State and approved by the Sec19 retary, which shall consider the population of each 

20 such nonattainment or maintenance area and shall be 

21 weighted by the severity of pollution in the manner 

22 described in paragraph (6). 

23 ‘‘(3) PROJECT SELECTION.—Projects under this 

24 subsection shall be selected by a State and shall be 
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1 consistent with the requirements of sections 134 and 

2 135. 

3 ‘‘(4) PRIORITY FOR USE OF SUBALLOCATED

4 FUNDS IN PM2.5 AREAS.— 

5 ‘‘(A) IN GENERAL.—An amount equal to 50 

6 percent of the funds suballocated under para7 graph (1) for a nonattainment or maintenance 

8 area that are based all or in part on the weight9 ed population of such area in fine particulate 

10 matter nonattainment shall be obligated to 

11 projects that reduce such fine particulate matter 

12 emissions in such area, including diesel retrofits. 

13 ‘‘(B) CONSTRUCTION EQUIPMENT.—An 

14 amount equal to 30 percent of the funds required 

15 to be set aside under subparagraph (A) shall be 

16 obligated to carry out the objectives of section 

17 330. 

18 ‘‘(C) OBLIGATION PROCESS.— 

19 ‘‘(i) IN GENERAL.—Each State or met20 ropolitan planning organization required to 

21 obligate funds in accordance with this para22 graph shall develop a process to provide 

23 funding directly to eligible entities (as de24 fined under section 330) in order to achieve 

25 the objectives of such section and ensure that 
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1 the bid proceeding and award of the con2 tract for any covered highway construction 

3 project carried out under that section will 

4 be— 

5 ‘‘(I) made without regard to the 

6 particulate matter emission levels of 

7 the fleet of the eligible entity; and 

8 ‘‘(II) consistent with existing re9 quirements for full and open competi10 tion under section 112. 

11 ‘‘(ii) OBLIGATION.—A State may obli12 gate suballocated funds designated under 

13 this paragraph without regard to any proc14 ess or other requirement established under 

15 this section. 

16 ‘‘(5) FUNDS NOT SUBALLOCATED.—Except as 

17 provided in subsection (c), funds apportioned to a 

18 State under section 104(b)(4) (excluding the amount 

19 of funds reserved under subsection (l)) and not sub20 allocated under paragraph (1) shall be made available 

21 to such State for programming in any nonattainment 

22 or maintenance area in the State. 

23 ‘‘(6) FACTORS FOR CALCULATION OF SUBALLOCA24 TION.— 
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1 ‘‘(A) IN GENERAL.—For the purposes of 

2 paragraph (2), each State shall weight the popu3 lation of each such nonattainment or mainte4 nance area by a factor of— 

5 ‘‘(i) 1.0 if, at the time of the appor6 tionment, the area is a maintenance area 

7 for ozone or carbon monoxide; 

8 ‘‘(ii) 1.0 if, at the time of the appor9 tionment, the area is classified as a mar10 ginal ozone nonattainment area under sub11 part 2 of part D of title I of the Clean Air 

12 Act (42 U.S.C. 7511 et seq.); 

13 ‘‘(iii) 1.1 if, at the time of the appor14 tionment, the area is classified as a mod15 erate ozone nonattainment area under sub16 part 2 of part D of title I of the Clean Air 

17 Act (42 U.S.C. 7511 et seq.); 

18 ‘‘(iv) 1.2 if, at the time of the appor19 tionment, the area is classified as a serious 

20 ozone nonattainment area under subpart 2 

21 of part D of title I of the Clean Air Act (42 

22 U.S.C. 7511 et seq.); 

23 ‘‘(v) 1.3 if, at the time of the appor24 tionment, the area is classified as a severe 

25 ozone nonattainment area under subpart 2 
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1 of part D of title I of the Clean Air Act (42 

2 U.S.C. 7511 et seq.); 

3 ‘‘(vi) 1.5 if, at the time of the appor4 tionment, the area is classified as an ex5 treme ozone nonattainment area under sub6 part 2 of part D of title I of the Clean Air 

7 Act (42 U.S.C. 7511 et seq.); 

8 ‘‘(vii) 1.0 if, at the time of the appor9 tionment, the area is not a nonattainment 

10 or maintenance area for ozone as described 

11 in section 149(b), but is designated under 

12 section 107 of the Clean Air Act (42 U.S.C. 

13 7407) as a nonattainment area for carbon 

14 monoxide; 

15 ‘‘(viii) 1.0 if, at the time of the appor16 tionment, the area is designated as non17 attainment for ozone under section 107 of 

18 the Clean Air Act (42 U.S.C. 7407); or 

19 ‘‘(ix) 1.2 if, at the time of the appor20 tionment, the area is not a nonattainment 

21 or maintenance area as described in section 

22 149(b) for ozone, but is designated as a non23 attainment or maintenance area for fine 

24 particulate matter, 2.5 micrometers or less, 
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1 under section 107 of the Clean Air Act (42 

2 U.S.C. 7407). 

3 ‘‘(B) OTHER FACTORS.—If, in addition to 

4 being designated as a nonattainment or mainte5 nance area for ozone as described in section 

6 149(b), any county within the area was also des7 ignated under section 107 of the Clean Air Act 

8 (42 U.S.C. 7407) as a nonattainment or mainte9 nance area for carbon monoxide, or was des10 ignated under section 107 of the Clean Air Act 

11 (42 U.S.C. 7407) as a nonattainment or mainte12 nance area for particulate matter, 2.5 microm13 eters or less, or both, the weighted nonattainment 

14 or maintenance area population of the county, 

15 as determined under clauses (i) through (vi), or 

16 clause (viii), of subparagraph (A), shall be fur17 ther multiplied by a factor of 1.2, or a second 

18 further factor of 1.2 if the area is designated as 

19 a nonattainment or maintenance area for both 

20 carbon monoxide and particulate matter, 2.5 mi21 crometers or less. 

22 ‘‘(7) EXCEPTIONS FOR CERTAIN STATES.— 

23 ‘‘(A) A State without a nonattainment or 

24 maintenance area shall not be subject to the re25 quirements of this subsection. 
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1 ‘‘(B) The amount of funds required to be set 

2 aside under paragraph (1) in a State that re3 ceived a minimum apportionment for fiscal year 

4 2009 under section 104(b)(2)(D), as in effect on 

5 the day before the date of enactment of the MAP– 

6 21, shall be based on the amount of funds such 

7 State would otherwise have been apportioned 

8 under section 104(b)(4) (excluding the amount of 

9 funds reserved under subsection (l)) but for the 

10 minimum apportionment in fiscal year 2009. 

11 ‘‘(k) PERFORMANCE PLAN.— 

12 ‘‘(1) IN GENERAL.—Each tier I metropolitan 

13 planning organization (as defined in section 134) 

14 representing a nonattainment or maintenance area 

15 shall develop a performance plan that— 

16 ‘‘(A) includes an area baseline level for traf17 fic congestion and on-road mobile source emis18 sions for which the area is in nonattainment or 

19 maintenance; 

20 ‘‘(B) identifies air quality and traffic con21 gestion target levels based on measures estab22 lished by the Secretary; and 

23 ‘‘(C) includes a description of projects iden24 tified for funding under this section and a de25 scription of how such projects will contribute to 
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1 achieving emission and traffic congestion reduc2 tion targets. 

3 ‘‘(2) UPDATED PLANS.— 

4 ‘‘(A) IN GENERAL.—Performance plans 

5 shall be updated on the schedule required under 

6 paragraph (3). 

7 ‘‘(B) CONTENTS.—An updated plan shall 

8 include a separate report that assesses the 

9 progress of the program of projects under the 

10 previous plan in achieving the air quality and 

11 traffic congestion targets of the previous plan. 

12 ‘‘(3) RULEMAKING.—Not later than 18 months 

13 after the date of enactment of the MAP–21, the Sec14 retary shall promulgate regulations to implement this 

15 subsection that identify performance measures for 

16 traffic congestion and on-road mobile source emis17 sions, timelines for performance plans, and require18 ments under this section for assessing the implemen19 tation of projects carried out under this section. 

20 ‘‘(l) ADDITIONAL ACTIVITIES.— 

21 ‘‘(1) RESERVATION OF FUNDS.—Of the funds ap22 portioned to a State under section 104(b)(4), a State 

23 shall reserve the amount of funds attributable to the 

24 inclusion of the 10 percent of surface transportation 

25 program funds apportioned to such State for fiscal 
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1 year 2009 in the formula under section 104(b)(4) for 

2 projects under this subsection. 

3 ‘‘(2) ELIGIBLE PROJECTS.—A State may obli4 gate the funds reserved under this subsection for any 

5 of the following projects or activities: 

6 ‘‘(A) Transportation enhancements, as de7 fined in section 101. 

8 ‘‘(B) The recreational trails program under 

9 section 206. 

10 ‘‘(C) The safe routes to school program 

11 under section 1404 of the SAFETEA–LU (23 

12 U.S.C. 402 note; Public Law 109–59). 

13 ‘‘(D) Planning, designing, or constructing 

14 boulevards and other roadways largely in the 

15 right-of-way of former Interstate System routes 

16 or other divided highways. 

17 ‘‘(3) ALLOCATIONS OF FUNDS.— 

18 ‘‘(A) CALCULATION.—Of the funds reserved 

19 in a State under this subsection— 

20 ‘‘(i) 50 percent for a fiscal year shall 

21 be obligated under this subsection to any el22 igible entity in proportion to their relative 

23 shares of the population of the State— 
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1 ‘‘(I) in urbanized areas of the 

2 State with an urbanized area popu3 lation of over 200,000; 

4 ‘‘(II) in areas of the State other 

5 than urban areas with a population 

6 greater than 5,000; and 

7 ‘‘(III) in other areas of the State; 

8 and 

9 ‘‘(ii) 50 percent shall be obligated in 

10 any area of the State. 

11 ‘‘(B) METROPOLITAN AREAS.—Funds at12 tributed to an urbanized area under subpara13 graph (A)(i)(I) may be obligated in the metro14 politan area established under section 134 that 

15 encompasses the urbanized area. 

16 ‘‘(C) DISTRIBUTION AMONG URBANIZED

17 AREAS OF OVER 200,000 POPULATION.— 

18 ‘‘(i) IN GENERAL.—Except as provided 

19 in subparagraph (A)(ii), the amount of 

20 funds that a State is required to obligate 

21 under subparagraph (A)(i)(I) shall be obli22 gated in urbanized areas described in sub23 paragraph (A)(i)(I) based on the relative 

24 population of the areas. 
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1 ‘‘(ii) OTHER FACTORS.—The State 

2 may obligate the funds described in clause 

3 (i) based on other factors if the State and 

4 the relevant metropolitan planning organi5 zations jointly apply to the Secretary for 

6 the permission to base the obligation on 

7 other factors and the Secretary grants the 

8 request. 

9 ‘‘(D) ACCESS TO FUNDS.— 

10 ‘‘(i) IN GENERAL.—Each State or met11 ropolitan planning organization required to 

12 obligate funds in accordance with subpara13 graph (A) shall develop a competitive proc14 ess to allow eligible entities to submit 

15 projects for funding that achieve the objec16 tives of this subsection. 

17 ‘‘(ii) DEFINITION OF ELIGIBLE ENTI18 TY.—In this subsection, the term ‘eligible 

19 entity’ means— 

20 ‘‘(I) a local government; 

21 ‘‘(II) a regional transportation 

22 authority; 

23 ‘‘(III) a transit agency; 

24 ‘‘(IV) a natural resource or public 

25 land agency; 
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1 ‘‘(V) a school district, local edu2 cation agency, or school; 

3 ‘‘(VI) a tribal government; and 

4 ‘‘(VII) any other local or regional 

5 governmental entity with responsibility 

6 for or oversight of transportation or 

7 recreational trails (other than a tier I 

8 metropolitan planning organization or 

9 a State agency) that the State deter10 mines to be eligible, consistent with the 

11 goals of this subsection. 

12 ‘‘(E) SELECTION OF PROJECTS.—Each tier 

13 I and tier II metropolitan planning organiza14 tion shall select projects carried out within the 

15 boundaries of the applicable metropolitan plan16 ning area, in consultation with the relevant 

17 State, for funds reserved in a State under this 

18 subsection and suballocated to the metropolitan 

19 planning area under subparagraph (A)(i). 

20 ‘‘(4) FLEXIBILITY OF EXCESS RESERVED FUND21 ING.—Beginning in the second fiscal year after the 

22 date of enactment of the MAP–21, if on August 1 of 

23 that fiscal year the unobligated balance of available 

24 funds apportioned to a State under section 104(b)(4) 

25 and reserved by a State under this subsection exceeds 
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1 150 percent of such reserved amount in such fiscal 

2 year, the State may thereafter obligate the amount of 

3 excess funds for any activity— 

4 ‘‘(A) that is eligible to receive funding 

5 under this subsection; or 

6 ‘‘(B) for which the Secretary has approved 

7 the obligation of funds for any State under this 

8 section. 

9 ‘‘(5) PROVISION OF ADEQUATE DATA, MODELING, 

10 AND SUPPORT.—In any case in which a State re11 quests reasonable technical support or otherwise re12 quests data (including planning models and other 

13 modeling), clarification, or guidance regarding the 

14 content of any final rule or applicable regulation ma15 terial to State actions under this section, the Sec16 retary and any other agency shall provide that sup17 port, clarification, or guidance in a timely manner. 

18 ‘‘(6) TREATMENT OF PROJECTS.—Notwith19 standing any other provision of law, projects funded 

20 under this subsection shall be treated as projects on 

21 a Federal-aid highway under this chapter. 

22 ‘‘(7) CONTINUATION OF CERTAIN RECREATIONAL

23 TRAILS PROJECTS.—Each State that does not opt out 

24 of this paragraph shall— 
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1 ‘‘(A) obligate an amount of funds reserved 

2 under this section equal to the amount of the 

3 funds apportioned to the State for fiscal year 

4 2009 under section 104(h)(2) for projects relating 

5 to recreational trails under section 206; 

6 ‘‘(B) return 1 percent of those funds to the 

7 Secretary for the administration of that pro8 gram; and 

9 ‘‘(C) comply with the provisions of the ad10 ministration of the recreational trails program 

11 under section 206, including the use of appor12 tioned funds described under subsection (d)(3)(A) 

13 of that section. 

14 ‘‘(8) STATE FLEXIBILITY.—A State may opt out 

15 of the recreational trails program under paragraph 

16 (7) if the Governor of the State notifies the Secretary 

17 not later than 30 days prior to apportionments being 

18 made for any fiscal year.’’. 

19 SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PRO20 GRAM. 

21 (a) IN GENERAL.—Section 165 of title 23, United 

22 States Code, is amended to read as follows: 
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1 ‘‘§ 165. Territorial and Puerto Rico highway program 

2 ‘‘(a) DIVISION OF FUNDS.—Of funds made available 

3 in a fiscal year for the territorial and Puerto Rico highway 

4 program— 

5 ‘‘(1) 75 percent shall be for the Puerto Rico high6 way program under subsection (b); and 

7 ‘‘(2) 25 percent shall be for the territorial high8 way program under subsection (c). 

9 ‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall allocate 

11 funds made available to carry out this subsection to 

12 the Commonwealth of Puerto Rico to carry out a 

13 highway program in the Commonwealth. 

14 ‘‘(2) TREATMENT OF FUNDS.—Amounts made 

15 available to carry out this subsection for a fiscal year 

16 shall be administered as follows: 

17 ‘‘(A) APPORTIONMENT.— 

18 ‘‘(i) IN GENERAL.—For the purpose of 

19 imposing any penalty under this title or 

20 title 49, the amounts shall be treated as 

21 being apportioned to Puerto Rico under sec22 tions 104(b) and 144 (as in effect for fiscal 

23 year 1997) for each program funded under 

24 those sections in an amount determined by 

25 multiplying— 
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1 ‘‘(I) the aggregate of the amounts 

2 for the fiscal year; by 

3 ‘‘(II) the proportion that— 

4 ‘‘(aa) the amount of funds 

5 apportioned to Puerto Rico for 

6 each such program for fiscal year 

7 1997; bears to 

8 ‘‘(bb) the total amount of 

9 funds apportioned to Puerto Rico 

10 for all such programs for fiscal 

11 year 1997. 

12 ‘‘(ii) EXCEPTION.—Funds identified 

13 under clause (i) as having been apportioned 

14 for the national highway system, the surface 

15 transportation program, and the Interstate 

16 maintenance program shall be deemed to 

17 have been apportioned 50 percent for the 

18 national highway performance program 

19 and 50 percent for the transportation mo20 bility program for purposes of imposing 

21 such penalties. 

22 ‘‘(B) PENALTY.—The amounts treated as 

23 being apportioned to Puerto Rico under each sec24 tion referred to in subparagraph (A) shall be 

25 deemed to be required to be apportioned to Puer-
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1 to Rico under that section for purposes of the im2 position of any penalty under this title or title 

3 49. 

4 ‘‘(C) ELIGIBLE USES OF FUNDS.—Of 

5 amounts allocated to Puerto Rico for the Puerto 

6 Rico Highway Program for a fiscal year— 

7 ‘‘(i) at least 50 percent shall be avail8 able only for purposes eligible under section 

9 119; 

10 ‘‘(ii) at least 25 percent shall be avail11 able only for purposes eligible under section 

12 148; and 

13 ‘‘(iii) any remaining funds may be ob14 ligated for activities eligible under chapter 

15 1. 

16 ‘‘(3) EFFECT ON APPORTIONMENTS.—Except as 

17 otherwise specifically provided, Puerto Rico shall not 

18 be eligible to receive funds apportioned to States 

19 under this title. 

20 ‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— 

21 ‘‘(1) TERRITORY DEFINED.—In this subsection, 

22 the term ‘territory’ means any of the following terri23 tories of the United States: 

24 ‘‘(A) American Samoa. 
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1 ‘‘(B) The Commonwealth of the Northern 

2 Mariana Islands. 

3 ‘‘(C) Guam. 

4 ‘‘(D) The United States Virgin Islands. 

5 ‘‘(2) PROGRAM.— 

6 ‘‘(A) IN GENERAL.—Recognizing the mutual 

7 benefits that will accrue to the territories and the 

8 United States from the improvement of highways 

9 in the territories, the Secretary may carry out a 

10 program to assist each government of a territory 

11 in the construction and improvement of a system 

12 of arterial and collector highways, and necessary 

13 inter-island connectors, that is— 

14 ‘‘(i) designated by the Governor or 

15 chief executive officer of each territory; and 

16 ‘‘(ii) approved by the Secretary. 

17 ‘‘(B) FEDERAL SHARE.—The Federal share 

18 of Federal financial assistance provided to terri19 tories under this subsection shall be in accord20 ance with section 120(g). 

21 ‘‘(3) TECHNICAL ASSISTANCE.— 

22 ‘‘(A) IN GENERAL.—To continue a long23 range highway development program, the Sec24 retary may provide technical assistance to the 
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1 governments of the territories to enable the terri2 tories, on a continuing basis— 

3 ‘‘(i) to engage in highway planning; 

4 ‘‘(ii) to conduct environmental evalua5 tions; 

6 ‘‘(iii) to administer right-of-way ac7 quisition and relocation assistance pro8 grams; and 

9 ‘‘(iv) to design, construct, operate, and 

10 maintain a system of arterial and collector 

11 highways, including necessary inter-island 

12 connectors. 

13 ‘‘(B) FORM AND TERMS OF ASSISTANCE.— 

14 Technical assistance provided under subpara15 graph (A), and the terms for the sharing of in16 formation among territories receiving the tech17 nical assistance, shall be included in the agree18 ment required by paragraph (5). 

19 ‘‘(4) NONAPPLICABILITY OF CERTAIN PROVI20 SIONS.— 

21 ‘‘(A) IN GENERAL.—Except to the extent 

22 that provisions of this chapter are determined by 

23 the Secretary to be inconsistent with the needs of 

24 the territories and the intent of this subsection, 

25 this chapter (other than provisions of this chap-
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1 ter relating to the apportionment and allocation 

2 of funds) shall apply to funds made available 

3 under this subsection. 

4 ‘‘(B) APPLICABLE PROVISIONS.—The agree5 ment required by paragraph (5) for each terri6 tory shall identify the sections of this chapter 

7 that are applicable to that territory and the ex8 tent of the applicability of those sections. 

9 ‘‘(5) AGREEMENT.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (D), none of the funds made avail12 able under this subsection shall be available for 

13 obligation or expenditure with respect to any ter14 ritory until the chief executive officer of the terri15 tory has entered into an agreement (including 

16 an agreement entered into under section 215 as 

17 in effect on the day before the enactment of this 

18 section) with the Secretary providing that the 

19 government of the territory shall— 

20 ‘‘(i) implement the program in accord21 ance with applicable provisions of this 

22 chapter and paragraph (4); 

23 ‘‘(ii) design and construct a system of 

24 arterial and collector highways, including 
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1 necessary inter-island connectors, in accord2 ance with standards that are— 

3 ‘‘(I) appropriate for each terri4 tory; and 

5 ‘‘(II) approved by the Secretary; 

6 ‘‘(iii) provide for the maintenance of 

7 facilities constructed or operated under this 

8 subsection in a condition to adequately 

9 serve the needs of present and future traffic; 

10 and 

11 ‘‘(iv) implement standards for traffic 

12 operations and uniform traffic control de13 vices that are approved by the Secretary. 

14 ‘‘(B) TECHNICAL ASSISTANCE.—The agree15 ment required by subparagraph (A) shall— 

16 ‘‘(i) specify the kind of technical assist17 ance to be provided under the program; 

18 ‘‘(ii) include appropriate provisions 

19 regarding information sharing among the 

20 territories; and 

21 ‘‘(iii) delineate the oversight role and 

22 responsibilities of the territories and the 

23 Secretary. 

24 ‘‘(C) REVIEW AND REVISION OF AGREE25 MENT.—The agreement entered into under sub-
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1 paragraph (A) shall be reevaluated and, as nec2 essary, revised, at least every 2 years. 

3 ‘‘(D) EXISTING AGREEMENTS.—With respect 

4 to an agreement under this subsection or an 

5 agreement entered into under section 215 of this 

6 title as in effect on the day before the date of en7 actment of this subsection— 

8 ‘‘(i) the agreement shall continue in 

9 force until replaced by an agreement entered 

10 into in accordance with subparagraph (A); 

11 and 

12 ‘‘(ii) amounts made available under 

13 this subsection under the existing agreement 

14 shall be available for obligation or expendi15 ture so long as the agreement, or the exist16 ing agreement entered into under subpara17 graph (A), is in effect. 

18 ‘‘(6) ELIGIBLE USES OF FUNDS.— 

19 ‘‘(A) IN GENERAL.—Funds made available 

20 under this subsection may be used only for the 

21 following projects and activities carried out in a 

22 territory: 

23 ‘‘(i) Eligible transportation mobility 

24 program projects described in section 

25 133(c). 
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1 ‘‘(ii) Cost-effective, preventive mainte2 nance consistent with section 116(d). 

3 ‘‘(iii) Ferry boats, terminal facilities, 

4 and approaches, in accordance with sub5 sections (b) and (c) of section 129. 

6 ‘‘(iv) Engineering and economic sur7 veys and investigations for the planning, 

8 and the financing, of future highway pro9 grams. 

10 ‘‘(v) Studies of the economy, safety, 

11 and convenience of highway use. 

12 ‘‘(vi) The regulation and equitable tax13 ation of highway use. 

14 ‘‘(vii) Such research and development 

15 as are necessary in connection with the 

16 planning, design, and maintenance of the 

17 highway system. 

18 ‘‘(B) PROHIBITION ON USE OF FUNDS FOR

19 ROUTINE MAINTENANCE.—None of the funds 

20 made available under this subsection shall be ob21 ligated or expended for routine maintenance. 

22 ‘‘(7) LOCATION OF PROJECTS.—Territorial high23 way program projects (other than those described in 

24 paragraphs (2), (4), (7), (8), (14), and (19) of section 
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1 133(c)) may not be undertaken on roads functionally 

2 classified as local.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) CLERICAL AMENDMENT.—The analysis for 

5 chapter 1 of title 23, United States Code, is amended 

6 by striking the item relating to section 165 and in7 serting the following: 

‘‘165. Territorial and Puerto Rico highway program.’’. 

8 (2) OBSOLETE TEXT.—Section 215 of that title, 

9 and the item relating to that section in the analysis 

10 for chapter 2, are repealed. 

11 SEC. 1115. NATIONAL FREIGHT PROGRAM. 

12 (a) IN GENERAL.—Chapter 1 of title 23, United States 

13 Code, is amended by adding at the end the following: 

14 ‘‘§ 167. National freight program 

15 ‘‘(a) NATIONAL FREIGHT PROGRAM.—It is the policy 

16 of the United States to improve the condition and perform17 ance of the national freight network to ensure that the na18 tional freight network provides the foundation for the 

19 United States to compete in the global economy and achieve 

20 each goal described in subsection (b). 

21 ‘‘(b) GOALS.—The goals of the national freight pro22 gram are— 

23 ‘‘(1) to invest in infrastructure improvements 

24 and to implement operational improvements that— 
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1 ‘‘(A) strengthen the contribution of the na2 tional freight network to the economic competi3 tiveness of the United States; 

4 ‘‘(B) reduce congestion; and 

5 ‘‘(C) increase productivity, particularly for 

6 domestic industries and businesses that create 

7 high-value jobs; 

8 ‘‘(2) to reduce the environmental impacts of 

9 freight movement on the national freight network; 

10 ‘‘(3) to improve the safety, security, and resil11 ience of freight transportation; 

12 ‘‘(4) to improve the state of good repair of the 

13 national freight network; 

14 ‘‘(5) to use advanced technology to improve the 

15 safety and efficiency of the national freight network; 

16 ‘‘(6) to incorporate concepts of performance, in17 novation, competition, and accountability into the op18 eration and maintenance of the national freight net19 work; and 

20 ‘‘(7) to improve the economic efficiency of the 

21 national freight network. 

22 ‘‘(c) ESTABLISHMENT OF PROGRAM.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall establish 

24 and implement a national freight program in accord25 ance with this section to strategically direct Federal 
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1 resources toward improved system performance for ef2 ficient movement of freight on highways, including 

3 national highway system freight intermodal connec4 tors and aerotropolis transportation systems. 

5 ‘‘(2) NETWORK COMPONENTS.—The national 

6 freight network shall consist of— 

7 ‘‘(A) the primary freight network, as des8 ignated by the Secretary under subsection (f) (re9 ferred to in this section as the ‘primary freight 

10 network’) as most critical to the movement of 

11 freight; 

12 ‘‘(B) the portions of the Interstate System 

13 not designated as part of the primary freight 

14 network; and 

15 ‘‘(C) critical rural freight corridors estab16 lished under subsection (g). 

17 ‘‘(d) USE OF APPORTIONED FUNDS.— 

18 ‘‘(1) PROJECTS ON THE NATIONAL FREIGHT NET19 WORK.—At a minimum, following designation of the 

20 primary freight network under subsection (f), a State 

21 shall obligate funds apportioned under section 

22 104(b)(5) to improve the movement of freight on the 

23 national freight network. 
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1 ‘‘(2) LOCATION OF PROJECTS.—A project carried 

2 out using funds apportioned under paragraph (1) 

3 shall be located— 

4 ‘‘(A) on the primary freight network as de5 scribed under subsection (f); 

6 ‘‘(B) on a portion of the Interstate System 

7 not designated as primary freight network; 

8 ‘‘(C) on roads off of the Interstate System or 

9 primary freight network, if that use of funds will 

10 provide— 

11 ‘‘(i) a more significant improvement to 

12 freight movement on the Interstate System 

13 or the primary freight network; 

14 ‘‘(ii) critical freight access to the Inter15 state System or the primary freight net16 work; or 

17 ‘‘(iii) mitigation of the congestion im18 pacts from freight movement; 

19 ‘‘(D) on a national highway system freight 

20 intermodal connector; 

21 ‘‘(E) on critical rural freight corridors, as 

22 designated under subsection (g) (except that not 

23 more than 20 percent of the total anticipated ap24 portionment of a State under section 104(b)(5) 
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1 during fiscal years 2012 and 2013 may be used 

2 for projects on critical rural freight corridors); or 

3 ‘‘(F) within the boundaries of public and 

4 private intermodal facilities, but shall only in5 clude surface infrastructure necessary to facili6 tate direct intermodal interchange, transfer, and 

7 access into and out of the facility. 

8 ‘‘(3) PRIMARY FREIGHT NETWORK FUNDING.— 

9 Beginning for each fiscal year after the Secretary des10 ignates the primary freight network, a State shall ob11 ligate from funds apportioned under section 104(b)(5) 

12 for the primary freight network the lesser of— 

13 ‘‘(A) an amount equal to the product ob14 tained by multiplying— 

15 ‘‘(i) an amount equal to 110 percent of 

16 the apportionment of the State for the fiscal 

17 year under section 104(b)(5); and 

18 ‘‘(ii) the proportion that— 

19 ‘‘(I) the total designated primary 

20 freight network mileage of the State; 

21 bears to 

22 ‘‘(II) the sum of the designated 

23 primary freight network mileage of the 

24 State and the total Interstate system 

25 mileage of the State that is not des-
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1 ignated as part of the primary freight 

2 network; or 

3 ‘‘(B) an amount equal to the total appor4 tionment of the State under section 104(b)(5). 

5 ‘‘(e) ELIGIBILITY.— 

6 ‘‘(1) ELIGIBLE PROJECTS.—To be eligible for 

7 funding under this section, a project shall dem8 onstrate the improvement made by the project to the 

9 efficient movement of freight on the national freight 

10 network. 

11 ‘‘(2) FREIGHT RAIL AND MARITIME PROJECTS.— 

12 ‘‘(A) IN GENERAL.—A State may obligate 

13 an amount equal to not more than 10 percent of 

14 the total apportionment to the State under sec15 tion 104(b)(5) over the period of fiscal years 

16 2012 and 2013 for public or private freight rail 

17 or maritime projects. 

18 ‘‘(B) ELIGIBILITY.—For a State to be eligi19 ble to obligate funds in the manner described in 

20 subparagraph (A), the Secretary shall concur 

21 with the State that— 

22 ‘‘(i) the project for which the State 

23 seeks to obligate funds under this paragraph 

24 would make freight rail improvements to 

25 enhance cross-border commerce within 5 
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1 miles of the international border between 

2 the United States and Canada or Mexico or 

3 make significant improvement to freight 

4 movements on the national freight network; 

5 and 

6 ‘‘(ii) the public benefit of the project— 

7 ‘‘(I) exceeds the Federal invest8 ment; and 

9 ‘‘(II) provides a better return 

10 than a highway project on a segment 

11 of the primary freight network. 

12 ‘‘(3) ELIGIBLE PROJECT COSTS.—A State may 

13 obligate funds apportioned to the State under section 

14 104(b)(5) for the national freight program for any of 

15 the following costs of an eligible project: 

16 ‘‘(A) Development phase activities, includ17 ing planning, feasibility analysis, revenue fore18 casting, environmental review, preliminary engi19 neering and design work, and other 

20 preconstruction activities. 

21 ‘‘(B) Construction, reconstruction, rehabili22 tation, acquisition of real property (including 

23 land relating to the project and improvements to 

24 land), construction contingencies, acquisition of 

25 equipment, and operational improvements di-
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1 rectly relating to improving system performance, 

2 including but not limited to any segment of the 

3 primary freight network that falls below the 

4 minimum level established pursuant to section 

5 119(f). 

6 ‘‘(C) Intelligent transportation systems and 

7 other technology to improve the flow of freight. 

8 ‘‘(D) Efforts to reduce the environmental 

9 impacts of freight movement on the national 

10 freight network. 

11 ‘‘(E) Environmental mitigation. 

12 ‘‘(F) Railway-highway grade separation. 

13 ‘‘(G) Geometric improvements to inter14 changes and ramps. 

15 ‘‘(H) Truck-only lanes. 

16 ‘‘(I) Climbing and runaway truck lanes. 

17 ‘‘(J) Adding or widening of shoulders. 

18 ‘‘(K) Truck parking facilities eligible for 

19 funding under section 1401 of the MAP–21. 

20 ‘‘(L) Real-time traffic, truck parking, road21 way condition, and multimodal transportation 

22 information systems. 

23 ‘‘(M) Electronic screening and credentialing 

24 systems for vehicles, including weigh-in-motion 

25 truck inspection technologies. 
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1 ‘‘(N) Traffic signal optimization including 

2 synchronized and adaptive signals. 

3 ‘‘(O) Work zone management and informa4 tion systems. 

5 ‘‘(P) Highway ramp metering. 

6 ‘‘(Q) Electronic cargo and border security 

7 technologies that improve truck freight move8 ment. 

9 ‘‘(R) Intelligent transportation systems that 

10 would increase truck freight efficiencies inside 

11 the boundaries of intermodal facilities. 

12 ‘‘(S) Any other activities to improve the 

13 flow of freight on the national freight network. 

14 ‘‘(4) OTHER ELIGIBLE COSTS.—In addition to 

15 eligible project costs, a State may use funds appor16 tioned under section 104(b)(5) for— 

17 ‘‘(A) carrying out diesel retrofit or alter18 native fuel projects defined in section 149 for 

19 class 8 vehicles; or 

20 ‘‘(B) the necessary costs of— 

21 ‘‘(i) conducting analyses and data col22 lection; 

23 ‘‘(ii) developing and updating perform24 ance targets to carry out this section; or 
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1 ‘‘(iii) reporting to the Secretary to 

2 comply with subsection (i). 

3 ‘‘(5) ELIGIBLE PROJECT COSTS PRIOR TO DES4 IGNATION OF THE PRIMARY FREIGHT NETWORK.— 

5 Prior to the date of designation of the primary freight 

6 network, a State may obligate funds apportioned to 

7 the State under section 104(b)(5) to improve freight 

8 movement on the Interstate System for— 

9 ‘‘(A) construction, reconstruction, resur10 facing, restoration, and rehabilitation of seg11 ments of the Interstate System; 

12 ‘‘(B) operational improvements for segments 

13 of the Interstate System; 

14 ‘‘(C) construction of, and operational im15 provements for, a Federal-aid highway not on 

16 the Interstate System, and construction of a 

17 transit project eligible for assistance under chap18 ter 53 of title 49, United States Code, if— 

19 ‘‘(i) the highway or transit project is 

20 in the same corridor as, and in proximity 

21 to a highway designated as a part of, the 

22 Interstate System; 

23 ‘‘(ii) the construction or improvements 

24 would improve the level of service on the 

25 Interstate System described in subpara-
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1 graph (A) and improve freight traffic flow; 

2 and 

3 ‘‘(iii) the construction or improvements 

4 are more cost-effective for freight movement 

5 than an improvement to the Interstate Sys6 tem described in subparagraph (A); 

7 ‘‘(D) highway safety improvements for seg8 ments of the Interstate System; 

9 ‘‘(E) transportation planning in accordance 

10 with sections 134 and 135; 

11 ‘‘(F) the costs of conducting analysis and 

12 data collection to comply with this section; 

13 ‘‘(G) truck parking facilities eligible for 

14 funding under section 1401 of the MAP–21; 

15 ‘‘(H) infrastructure-based intelligent trans16 portation systems capital improvements; 

17 ‘‘(I) environmental restoration and pollu18 tion abatement in accordance with section 328; 

19 and 

20 ‘‘(J) in accordance with all applicable Fed21 eral law (including regulations), participation 

22 in natural habitat and wetlands mitigation ef23 forts relating to projects funded under this title, 

24 which may include participation in natural 

25 habitat and wetlands mitigation banks, contribu-
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1 tions to statewide and regional efforts to con2 serve, restore, enhance, and create natural habi3 tats and wetlands, and development of statewide 

4 and regional natural habitat and wetlands con5 servation and mitigation plans, including any 

6 such banks, efforts, and plans developed in ac7 cordance with applicable Federal law (including 

8 regulations), on the conditions that— 

9 ‘‘(i) contributions to those mitigation 

10 efforts may— 

11 ‘‘(I) take place concurrent with or 

12 in advance of project construction; and 

13 ‘‘(II) occur in advance of project 

14 construction only if the efforts are con15 sistent with all applicable requirements 

16 of Federal law (including regulations) 

17 and State transportation planning 

18 processes; and 

19 ‘‘(ii) with respect to participation in a 

20 natural habitat or wetland mitigation effort 

21 relating to a project funded under this title 

22 that has an impact that occurs within the 

23 service area of a mitigation bank, preference 

24 is given, to the maximum extent prac25 ticable, to the use of the mitigation bank if 
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1 the bank contains sufficient available cred2 its to offset the impact and the bank is ap3 proved in accordance with applicable Fed4 eral law (including regulations). 

5 ‘‘(f) DESIGNATION OF PRIMARY FREIGHT NETWORK.— 

6 ‘‘(1) INITIAL DESIGNATION OF PRIMARY FREIGHT

7 NETWORK.— 

8 ‘‘(A) DESIGNATION.—Not later than 1 year 

9 after the date of enactment of this section, the 

10 Secretary shall designate a primary freight net11 work— 

12 ‘‘(i) based on an inventory of national 

13 freight volume conducted by the Adminis14 trator of the Federal Highway Administra15 tion, in consultation with stakeholders, in16 cluding system users, transport providers, 

17 and States; and 

18 ‘‘(ii) that shall be comprised of not 

19 more than 27,000 centerline miles of exist20 ing roadways that are most critical to the 

21 movement of freight. 

22 ‘‘(B) FACTORS FOR DESIGNATION.—In des23 ignating the primary freight network, the Sec24 retary shall consider— 
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1 ‘‘(i) the origins and destinations of 

2 freight movement in the United States; 

3 ‘‘(ii) the total freight tonnage and 

4 value of freight moved by all modes of 

5 transportation; 

6 ‘‘(iii) the percentage of annual average 

7 daily truck traffic in the annual average 

8 daily traffic on principal arterials; 

9 ‘‘(iv) the annual average daily truck 

10 traffic on principal arterials; 

11 ‘‘(v) land and maritime ports of entry; 

12 ‘‘(vi) population centers; and 

13 ‘‘(vii) network connectivity. 

14 ‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT

15 NETWORK.—In addition to the miles initially des16 ignated under paragraph (1), the Secretary may in17 crease the number of miles designated as part of the 

18 primary freight network by not more than 3,000 ad19 ditional centerline miles of roadways (which may in20 clude existing or planned roads) critical to future effi21 cient movement of goods on the primary freight net22 work. 

23 ‘‘(3) REDESIGNATION OF PRIMARY FREIGHT NET24 WORK.—During calendar year 2015 and every 10 

25 years thereafter, using the designation factors de-
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1 scribed in paragraph (1), the Secretary shall redesig2 nate the primary freight network (including addi3 tional mileage described in subsection (f)(2)). 

4 ‘‘(g) CRITICAL RURAL FREIGHT CORRIDORS.—A State 

5 may designate a road within the borders of the State as 

6 a critical rural freight corridor if the road— 

7 ‘‘(1) is a rural principal arterial roadway and 

8 has a minimum of 25 percent of the annual average 

9 daily traffic of the road measured in passenger vehicle 

10 equivalent units from trucks (FHWA vehicle class 8 

11 to 13); or 

12 ‘‘(2) connects the primary freight network, a 

13 roadway described in paragraph (1), or Interstate 

14 System to facilities that handle more than— 

15 ‘‘(A) 50,000 20-foot equivalent units per 

16 year; or 

17 ‘‘(B) 500,000 tons per year of bulk commod18 ities. 

19 ‘‘(h) NATIONAL FREIGHT STRATEGIC PLAN.— 

20 ‘‘(1) INITIAL DEVELOPMENT OF NATIONAL

21 FREIGHT STRATEGIC PLAN.—Not later than 3 years 

22 after the date of enactment of this section, the Sec23 retary shall, in consultation with appropriate public 

24 and private transportation stakeholders, develop and 

25 post on the Department of Transportation public 
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1 website a national freight strategic plan that shall in2 clude— 

3 ‘‘(A) an assessment of the condition and 

4 performance of the national freight network; 

5 ‘‘(B) an identification of highway bottle6 necks on the national freight network that create 

7 significant freight congestion problems, based on 

8 a quantitative methodology developed by the Sec9 retary, which shall, at a minimum, include in10 formation from the Freight Analysis Network of 

11 the Federal Highway Administration; 

12 ‘‘(C) forecasts of freight volumes for the 20- 

13 year period beginning in the year during which 

14 the plan is issued; 

15 ‘‘(D) an identification of major trade gate16 ways and national freight corridors that connect 

17 major population centers, trade gateways, and 

18 other major freight generators for current and 

19 forecasted traffic and freight volumes, the identi20 fication of which shall be revised, as appropriate, 

21 in subsequent plans; 

22 ‘‘(E) an assessment of statutory, regulatory, 

23 technological, institutional, financial, and other 

24 barriers to improved freight transportation per-
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1 formance (including opportunities for over2 coming the barriers); 

3 ‘‘(F) best practices for improving the per4 formance of the national freight network; 

5 ‘‘(G) best practices to mitigate the impacts 

6 of freight movement on communities; 

7 ‘‘(H) a process for addressing multistate 

8 projects and encouraging jurisdictions to collabo9 rate; and 

10 ‘‘(I) strategies to improve maritime, freight 

11 rail, and freight intermodal connectivity. 

12 ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA13 TEGIC PLAN.—Not later than 5 years after the date of 

14 completion of the first national freight strategic plan 

15 under paragraph (1), and every 5 years thereafter, 

16 the Secretary shall update and repost on the Depart17 ment of Transportation public website a revised na18 tional freight strategic plan. 

19 ‘‘(i) FREIGHT PERFORMANCE TARGETS.— 

20 ‘‘(1) RULEMAKING.—Not later than 2 years after 

21 the date of enactment of this section, the Secretary, in 

22 consultation with State departments of transportation 

23 and other appropriate public and private transpor24 tation stakeholders, shall publish a rulemaking that 
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1 establishes performance measures for freight move2 ment on the primary freight network. 

3 ‘‘(2) STATE TARGETS AND REPORTING.—Not 

4 later than 1 year after the date on which the Sec5 retary publishes the rulemaking under paragraph (1), 

6 each State shall— 

7 ‘‘(A) develop and periodically update State 

8 performance targets for freight movement on the 

9 primary freight network— 

10 ‘‘(i) in consultation with appropriate 

11 public and private stakeholders; and 

12 ‘‘(ii) using measures determined by the 

13 Secretary; and 

14 ‘‘(B) for every 2-year period, submit to the 

15 Secretary a report that contains a description 

16 of— 

17 ‘‘(i) the progress of the State toward 

18 meeting the targets; and 

19 ‘‘(ii) the ways in which the State is 

20 addressing congestion at freight bottlenecks 

21 within the State. 

22 ‘‘(3) COMPLIANCE.— 

23 ‘‘(A) PERFORMANCE TARGETS.—To obligate 

24 funding apportioned under section 104(b)(5), 
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1 each State shall develop performance targets in 

2 accordance with paragraph (2). 

3 ‘‘(B) DETERMINATION OF SECRETARY.—If 

4 the Secretary determines that a State has not 

5 met or made significant progress toward meeting 

6 the performance targets of the State by the date 

7 that is 2 years after the date of establishment of 

8 the performance targets, until the date on which 

9 the Secretary determines that the State has met 

10 (or has made significant progress towards meet11 ing) the State performance targets, the State 

12 shall submit to the Secretary, on a biennial 

13 basis, a freight performance improvement plan 

14 that includes— 

15 ‘‘(i) an identification of significant 

16 freight system trends, needs, and issues 

17 within the State; 

18 ‘‘(ii) a description of the freight poli19 cies and strategies that will guide the 

20 freight-related transportation investments of 

21 the State; 

22 ‘‘(iii) an inventory of freight bottle23 necks within the State and a description of 

24 the ways in which the State is allocating 

25 funds to improve those bottlenecks; and 
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1 ‘‘(iv) a description of the actions the 

2 State will undertake to meet the perform3 ance targets of the State. 

4 ‘‘(j) FREIGHT TRANSPORTATION CONDITIONS AND

5 PERFORMANCE REPORTS.—Not later than 2 years after the 

6 date of enactment of this section, and biennially thereafter, 

7 the Secretary shall prepare a report that contains a descrip8 tion of the conditions and performance of the national 

9 freight network in the United States. 

10 ‘‘(k) TRANSPORTATION INVESTMENT DATA AND PLAN11 NING TOOLS.— 

12 ‘‘(1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this section, the Secretary 

14 shall— 

15 ‘‘(A) begin development of new tools and 

16 improvement of existing tools or improve exist17 ing tools to support an outcome-oriented, per18 formance-based approach to evaluate proposed 

19 freight-related and other transportation projects, 

20 including— 

21 ‘‘(i) methodologies for systematic anal22 ysis of benefits and costs; 

23 ‘‘(ii) tools for ensuring that the evalua24 tion of freight-related and other transpor25 tation projects could consider safety, eco-
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1 nomic competitiveness, environmental sus2 tainability, and system condition in the 

3 project selection process; and 

4 ‘‘(iii) other elements to assist in effec5 tive transportation planning; 

6 ‘‘(B) identify transportation-related model 

7 data elements to support a broad range of eval8 uation methods and techniques to assist in mak9 ing transportation investment decisions; and 

10 ‘‘(C) at a minimum, in consultation with 

11 other relevant Federal agencies, consider any im12 provements to existing freight flow data collec13 tion efforts that could reduce identified freight 

14 data gaps and deficiencies and help improve 

15 forecasts of freight transportation demand. 

16 ‘‘(2) CONSULTATION.—The Secretary shall con17 sult with Federal, State, and other stakeholders to de18 velop, improve, and implement the tools and collect 

19 the data in paragraph (1). 

20 ‘‘(l) DEFINITION OF AEROTROPOLIS TRANSPORTATION

21 SYSTEM.—For the purposes of this section, the term 

22 ‘aerotropolis transportation system’ means a planned and 

23 coordinated multimodal freight and passenger transpor24 tation network that, as determined by the Secretary, pro25 vides efficient, cost-effective, sustainable, and intermodal 
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1 connectivity to a defined region of economic significance 

2 centered around a major airport. 

3 ‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding 

4 any other provision of law, projects funded under this sec5 tion shall be treated as projects on a Federal-aid highway 

6 under this chapter.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 chapter 1 of title 23, United States Code, is amended by 

9 adding at the end the following: 

‘‘167. National freight program.’’. 

10 SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION 

11 PROGRAMS. 

12 (a) IN GENERAL.—Chapter 2 of title 23, United States 

13 Code, is amended by striking sections 201 through 204 and 

14 inserting the following: 

15 ‘‘§ 201. Federal lands and tribal transportation pro16 grams 

17 ‘‘(a) PURPOSE.—Recognizing the need for all public 

18 Federal and tribal transportation facilities to be treated 

19 under uniform policies similar to the policies that apply 

20 to Federal-aid highways and other public transportation fa21 cilities, the Secretary of Transportation, in collaboration 

22 with the Secretaries of the appropriate Federal land man23 agement agencies, shall coordinate a uniform policy for all 

24 public Federal and tribal transportation facilities that shall 

25 apply to Federal lands transportation facilities, tribal 
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1 transportation facilities, and Federal lands access transpor2 tation facilities. 

3 ‘‘(b) AVAILABILITY OF FUNDS.— 

4 ‘‘(1) AVAILABILITY.—Funds authorized for the 

5 tribal transportation program, the Federal lands 

6 transportation program, and the Federal lands access 

7 program shall be available for contract upon appor8 tionment, or on October 1 of the fiscal year for which 

9 the funds were authorized if no apportionment is re10 quired. 

11 ‘‘(2) AMOUNT REMAINING.—Any amount re12 maining unexpended for a period of 3 years after the 

13 close of the fiscal year for which the funds were au14 thorized shall lapse. 

15 ‘‘(3) OBLIGATIONS.—The Secretary of the de16 partment responsible for the administration of funds 

17 under this subsection may incur obligations, approve 

18 projects, and enter into contracts under such author19 izations, which shall be considered to be contractual 

20 obligations of the United States for the payment of 

21 the cost thereof, the funds of which shall be considered 

22 to have been expended when obligated. 

23 ‘‘(4) EXPENDITURE.— 

24 ‘‘(A) IN GENERAL.—Any funds authorized 

25 for any fiscal year after the date of enactment of 
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1 this section under the Federal lands transpor2 tation program, the Federal lands access pro3 gram, and the tribal transportation program 

4 shall be considered to have been expended if a 

5 sum equal to the total of the sums authorized for 

6 the fiscal year and previous fiscal years have 

7 been obligated. 

8 ‘‘(B) CREDITED FUNDS.—Any funds de9 scribed in subparagraph (A) that are released by 

10 payment of final voucher or modification of 

11 project authorizations shall be— 

12 ‘‘(i) credited to the balance of unobli13 gated authorizations; and 

14 ‘‘(ii) immediately available for expend15 iture. 

16 ‘‘(5) APPLICABILITY.—This section shall not 

17 apply to funds authorized before the date of enactment 

18 of this paragraph. 

19 ‘‘(6) CONTRACTUAL OBLIGATION.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of law (including regulations), 

22 the authorization by the Secretary, or the Sec23 retary of the appropriate Federal land manage24 ment agency if the agency is the contracting of25 fice, of engineering and related work for the de-
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1 velopment, design, and acquisition associated 

2 with a construction project, whether performed 

3 by contract or agreement authorized by law, or 

4 the approval by the Secretary of plans, specifica5 tions, and estimates for construction of a project, 

6 shall be considered to constitute a contractual ob7 ligation of the Federal Government to pay the 

8 total eligible cost of— 

9 ‘‘(i) any project funded under this 

10 title; and 

11 ‘‘(ii) any project funded pursuant to 

12 agreements authorized by this title or any 

13 other title. 

14 ‘‘(B) EFFECT.—Nothing in this para15 graph— 

16 ‘‘(i) affects the application of the Fed17 eral share associated with the project being 

18 undertaken under this section; or 

19 ‘‘(ii) modifies the point of obligation 

20 associated with Federal salaries and ex21 penses. 

22 ‘‘(7) FEDERAL SHARE.— 

23 ‘‘(A) TRIBAL AND FEDERAL LANDS TRANS24 PORTATION PROGRAM.—The Federal share of the 

25 cost of a project carried out under the Federal 
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1 lands transportation program or the tribal 

2 transportation program shall be 100 percent. 

3 ‘‘(B) FEDERAL LANDS ACCESS PROGRAM.— 

4 The Federal share of the cost of a project carried 

5 out under the Federal lands access program shall 

6 be determined in accordance with section 120. 

7 ‘‘(c) TRANSPORTATION PLANNING.— 

8 ‘‘(1) TRANSPORTATION PLANNING PROCE9 DURES.—In consultation with the Secretary of each 

10 appropriate Federal land management agency, the 

11 Secretary shall implement transportation planning 

12 procedures for Federal lands and tribal transpor13 tation facilities that are consistent with the planning 

14 processes required under sections 134 and 135. 

15 ‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE16 MENT PROGRAM.—The transportation improvement 

17 program developed as a part of the transportation 

18 planning process under this section shall be approved 

19 by the Secretary. 

20 ‘‘(3) INCLUSION IN OTHER PLANS.—Each region21 ally significant tribal transportation program, Fed22 eral lands transportation program, and Federal lands 

23 access program project shall be— 

24 ‘‘(A) developed in cooperation with State 

25 and metropolitan planning organizations; and 
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1 ‘‘(B) included in appropriate tribal trans2 portation program plans, Federal lands trans3 portation program plans, Federal lands access 

4 program plans, State and metropolitan plans, 

5 and transportation improvement programs. 

6 ‘‘(4) INCLUSION IN STATE PROGRAMS.—The ap7 proved tribal transportation program, Federal lands 

8 transportation program, and Federal lands access 

9 program transportation improvement programs shall 

10 be included in appropriate State and metropolitan 

11 planning organization plans and programs without 

12 further action on the transportation improvement 

13 program. 

14 ‘‘(5) ASSET MANAGEMENT.—The Secretary and 

15 the Secretary of each appropriate Federal land man16 agement agency shall, to the extent appropriate, im17 plement safety, bridge, pavement, and congestion 

18 management systems for facilities funded under the 

19 tribal transportation program and the Federal lands 

20 transportation program in support of asset manage21 ment. 

22 ‘‘(6) DATA COLLECTION.— 

23 ‘‘(A) DATA COLLECTION.—The Secretaries 

24 of the appropriate Federal land management 

25 agencies shall collect and report data necessary 
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1 to implement the Federal lands transportation 

2 program, the Federal lands access program, and 

3 the tribal transportation program, including— 

4 ‘‘(i) inventory and condition informa5 tion on Federal lands transportation facili6 ties and tribal transportation facilities; and 

7 ‘‘(ii) bridge inspection and inventory 

8 information on any Federal bridge open to 

9 the public. 

10 ‘‘(B) STANDARDS.—The Secretary, in co11 ordination with the Secretaries of the appro12 priate Federal land management agencies, shall 

13 define the collection and reporting data stand14 ards. 

15 ‘‘(7) ADMINISTRATIVE EXPENSES.—To imple16 ment the activities described in this subsection, in17 cluding direct support of transportation planning ac18 tivities among Federal land management agencies, the 

19 Secretary may use not more than 5 percent for each 

20 fiscal year of the funds authorized for programs under 

21 sections 203 and 204. 

22 ‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out 

23 work under reimbursable agreements with any State, local, 

24 or tribal government under this title, the Secretary— 
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1 ‘‘(1) may, without regard to any other provision 

2 of law (including regulations), record obligations 

3 against accounts receivable from the entity; and 

4 ‘‘(2) shall credit amounts received from the enti5 ty to the appropriate account, which shall occur not 

6 later than 90 days after the date of the original re7 quest by the Secretary for payment. 

8 ‘‘(e) TRANSFERS.— 

9 ‘‘(1) IN GENERAL.—To enable the efficient use of 

10 funds made available for the Federal lands transpor11 tation program and the Federal lands access pro12 gram, the funds may be transferred by the Secretary 

13 within and between each program with the concur14 rence of, as appropriate— 

15 ‘‘(A) the Secretary; 

16 ‘‘(B) the affected Secretaries of the respec17 tive Federal land management agencies; 

18 ‘‘(C) State departments of transportation; 

19 and 

20 ‘‘(D) local government agencies. 

21 ‘‘(2) CREDIT.—The funds described in paragraph 

22 (1) shall be credited back to the loaning entity with 

23 funds that are currently available for obligation at 

24 the time of the credit. 
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1 ‘‘§ 202. Tribal transportation program 

2 ‘‘(a) USE OF FUNDS.— 

3 ‘‘(1) IN GENERAL.—Funds made available under 

4 the tribal transportation program shall be used by the 

5 Secretary of Transportation and the Secretary of the 

6 Interior to pay the costs of— 

7 ‘‘(A)(i) transportation planning, research, 

8 maintenance, engineering, rehabilitation, res9 toration, construction, and reconstruction of trib10 al transportation facilities; 

11 ‘‘(ii) adjacent vehicular parking areas; 

12 ‘‘(iii) interpretive signage; 

13 ‘‘(iv) acquisition of necessary scenic ease14 ments and scenic or historic sites; 

15 ‘‘(v) provisions for pedestrians and bicycles; 

16 ‘‘(vi) environmental mitigation in or adja17 cent to tribal land— 

18 ‘‘(I) to improve public safety and re19 duce vehicle-caused wildlife mortality while 

20 maintaining habitat connectivity; and 

21 ‘‘(II) to mitigate the damage to wild22 life, aquatic organism passage, habitat, and 

23 ecosystem connectivity, including the costs 

24 of constructing, maintaining, replacing, or 

25 removing culverts and bridges, as appro26 priate; 
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1 ‘‘(vii) construction and reconstruction of 

2 roadside rest areas, including sanitary and 

3 water facilities; and 

4 ‘‘(viii) other appropriate public road facili5 ties as determined by the Secretary; 

6 ‘‘(B) operation and maintenance of transit 

7 programs and facilities that are located on, or 

8 provide access to, tribal land, or are adminis9 tered by a tribal government; and 

10 ‘‘(C) any transportation project eligible for 

11 assistance under this title that is located within, 

12 or that provides access to, tribal land, or is asso13 ciated with a tribal government. 

14 ‘‘(2) CONTRACT.—In connection with an activity 

15 described in paragraph (1), the Secretary and the 

16 Secretary of the Interior may enter into a contract or 

17 other appropriate agreement with respect to the activ18 ity with— 

19 ‘‘(A) a State (including a political subdivi20 sion of a State); or 

21 ‘‘(B) an Indian tribe. 

22 ‘‘(3) INDIAN LABOR.—Indian labor may be em23 ployed, in accordance with such rules and regulations 

24 as may be promulgated by the Secretary of the Inte-
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1 rior, to carry out any construction or other activity 

2 described in paragraph (1). 

3 ‘‘(4) FEDERAL EMPLOYMENT.—No maximum 

4 limitation on Federal employment shall be applicable 

5 to the construction or improvement of tribal transpor6 tation facilities. 

7 ‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVE8 MENT.—All funds made available for the construction 

9 and improvement of tribal transportation facilities 

10 shall be administered in conformity with regulations 

11 and agreements jointly approved by the Secretary 

12 and the Secretary of the Interior. 

13 ‘‘(6) TRIBAL TECHNICAL ASSISTANCE CEN14 TERS.—The Secretary of the Interior may reserve 

15 amounts from administrative funds of the Bureau of 

16 Indian Affairs that are associated with the tribal 

17 transportation program to fund tribal technical as18 sistance centers under section 504(b). 

19 ‘‘(7) MAINTENANCE.— 

20 ‘‘(A) USE OF FUNDS.—Notwithstanding 

21 any other provision of this title, of the amount 

22 of funds allocated to an Indian tribe from the 

23 tribal transportation program, for the purpose of 

24 maintenance (excluding road sealing, which shall 

25 not be subject to any limitation), the Secretary 
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1 shall not use an amount more than the greater 

2 of— 

3 ‘‘(i) an amount equal to 25 percent; or 

4 ‘‘(ii) $500,000. 

5 ‘‘(B) RESPONSIBILITY OF BUREAU OF IN6 DIAN AFFAIRS AND SECRETARY OF THE INTE7 RIOR.— 

8 ‘‘(i) BUREAU OF INDIAN AFFAIRS.— 

9 The Bureau of Indian Affairs shall retain 

10 primary responsibility, including annual 

11 funding request responsibility, for Bureau 

12 of Indian Affairs road maintenance pro13 grams on Indian reservations. 

14 ‘‘(ii) SECRETARY OF THE INTERIOR.— 

15 The Secretary of the Interior shall ensure 

16 that funding made available under this sub17 section for maintenance of tribal transpor18 tation facilities for each fiscal year is sup19 plementary to, and not in lieu of, any obli20 gation of funds by the Bureau of Indian Af21 fairs for road maintenance programs on In22 dian reservations. 

23 ‘‘(C) TRIBAL-STATE ROAD MAINTENANCE

24 AGREEMENTS.— 
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1 ‘‘(i) IN GENERAL.—An Indian tribe 

2 and a State may enter into a road mainte3 nance agreement under which an Indian 

4 tribe shall assume the responsibility of the 

5 State for— 

6 ‘‘(I) tribal transportation facili7 ties; and 

8 ‘‘(II) roads providing access to 

9 tribal transportation facilities. 

10 ‘‘(ii) REQUIREMENTS.—Agreements en11 tered into under clause (i) shall— 

12 ‘‘(I) be negotiated between the 

13 State and the Indian tribe; and 

14 ‘‘(II) not require the approval of 

15 the Secretary. 

16 ‘‘(8) COOPERATION.— 

17 ‘‘(A) IN GENERAL.—The cooperation of 

18 States, counties, or other local subdivisions may 

19 be accepted in construction and improvement. 

20 ‘‘(B) FUNDS RECEIVED.—Any funds re21 ceived from a State, county, or local subdivision 

22 shall be credited to appropriations available for 

23 the tribal transportation program. 

24 ‘‘(9) COMPETITIVE BIDDING.— 

25 ‘‘(A) CONSTRUCTION.— 
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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (ii) and subparagraph (B), construction of 

3 each project shall be performed by contract 

4 awarded by competitive bidding. 

5 ‘‘(ii) EXCEPTION.—Clause (i) shall not 

6 apply if the Secretary or the Secretary of 

7 the Interior affirmatively finds that, under 

8 the circumstances relating to the project, a 

9 different method is in the public interest. 

10 ‘‘(B) APPLICABILITY.—Notwithstanding 

11 subparagraph (A), section 23 of the Act of June 

12 25, 1910 (25 U.S.C. 47) and section 7(b) of the 

13 Indian Self-Determination and Education As14 sistance Act (25 U.S.C. 450e(b)) shall apply to 

15 all funds administered by the Secretary of the 

16 Interior that are appropriated for the construc17 tion and improvement of tribal transportation 

18 facilities. 

19 ‘‘(b) FUNDS DISTRIBUTION.— 

20 ‘‘(1) NATIONAL TRIBAL TRANSPORTATION FACIL21 ITY INVENTORY.— 

22 ‘‘(A) IN GENERAL.—The Secretary of the 

23 Interior, in cooperation with the Secretary, shall 

24 maintain a comprehensive national inventory of 

25 tribal transportation facilities that are eligible 
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1 for assistance under the tribal transportation 

2 program. 

3 ‘‘(B) TRANSPORTATION FACILITIES IN4 CLUDED IN THE INVENTORY.—For purposes of 

5 identifying the tribal transportation system and 

6 determining the relative transportation needs 

7 among Indian tribes, the Secretary shall include, 

8 at a minimum, transportation facilities that are 

9 eligible for assistance under the tribal transpor10 tation program that an Indian tribe has re11 quested, including facilities that— 

12 ‘‘(i) were included in the Bureau of In13 dian Affairs system inventory prior to Octo14 ber 1, 2004; 

15 ‘‘(ii) are owned by an Indian tribal 

16 government; 

17 ‘‘(iii) are owned by the Bureau of In18 dian Affairs; 

19 ‘‘(iv) were constructed or reconstructed 

20 with funds from the Highway Account of 

21 the Transportation Trust Fund under the 

22 Indian reservation roads program since 

23 1983; 

24 ‘‘(v) are public roads or bridges within 

25 the exterior boundary of Indian reserva-
217 

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1 tions, Alaska Native villages, and other rec2 ognized Indian communities (including 

3 communities in former Indian reservations 

4 in the State of Oklahoma) in which the ma5 jority of residents are American Indians or 

6 Alaska Natives; 

7 ‘‘(vi) are public roads within or pro8 viding access to an Indian reservation or 

9 Indian trust land or restricted Indian land 

10 that is not subject to fee title alienation 

11 without the approval of the Federal Govern12 ment, or Indian or Alaska Native villages, 

13 groups, or communities in which Indians 

14 and Alaska Natives reside, whom the Sec15 retary of the Interior has determined are el16 igible for services generally available to In17 dians under Federal laws specifically appli18 cable to Indians; or 

19 ‘‘(vii) are primary access routes pro20 posed by tribal governments, including 

21 roads between villages, roads to landfills, 

22 roads to drinking water sources, roads to 

23 natural resources identified for economic de24 velopment, and roads that provide access to 
218 

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1 intermodal terminals, such as airports, har2 bors, or boat landings. 

3 ‘‘(C) LIMITATION ON PRIMARY ACCESS

4 ROUTES.—For purposes of this paragraph, a 

5 proposed primary access route is the shortest 

6 practicable route connecting 2 points of the pro7 posed route. 

8 ‘‘(D) ADDITIONAL FACILITIES.—Nothing in 

9 this paragraph precludes the Secretary from in10 cluding additional transportation facilities that 

11 are eligible for funding under the tribal trans12 portation program in the inventory used for the 

13 national funding allocation if such additional 

14 facilities are included in the inventory in a uni15 form and consistent manner nationally. 

16 ‘‘(E) BRIDGES.—All bridges in the inven17 tory shall be recorded in the national bridge in18 ventory administered by the Secretary under sec19 tion 144. 

20 ‘‘(2) REGULATIONS.—Notwithstanding sections 

21 563(a) and 565(a) of title 5, the Secretary of the Inte22 rior shall maintain any regulations governing the 

23 tribal transportation program. 

24 ‘‘(3) BASIS FOR FUNDING FORMULA.— 

25 ‘‘(A) BASIS.— 
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† HR 4348 EAS 

1 ‘‘(i) IN GENERAL.—After making the 

2 set asides authorized under subsections (c), 

3 (d), and (e) on October 1 of each fiscal year, 

4 the Secretary shall distribute the remainder 

5 authorized to be appropriated for the tribal 

6 transportation program under this section 

7 among Indian tribes as follows: 

8 ‘‘(I) For fiscal year 2012— 

9 ‘‘(aa) for each Indian tribe, 

10 80 percent of the total relative 

11 need distribution factor and popu12 lation adjustment factor for the 

13 fiscal year 2011 funding amount 

14 made available to that Indian 

15 tribe; and 

16 ‘‘(bb) the remainder using 

17 tribal shares as described in sub18 paragraphs (B) and (C). 

19 ‘‘(II) For fiscal year 2013— 

20 ‘‘(aa) for each Indian tribe, 

21 60 percent of the total relative 

22 need distribution factor and popu23 lation adjustment factor for the 

24 fiscal year 2011 funding amount 
220 

† HR 4348 EAS 

1 made available to that Indian 

2 tribe; and 

3 ‘‘(bb) the remainder using 

4 tribal shares as described in sub5 paragraphs (B) and (C). 

6 ‘‘(III) For fiscal year 2014— 

7 ‘‘(aa) for each Indian tribe, 

8 40 percent of the total relative 

9 need distribution factor and popu10 lation adjustment factor for the 

11 fiscal year 2011 funding amount 

12 made available to that Indian 

13 tribe; and 

14 ‘‘(bb) the remainder using 

15 tribal shares as described in sub16 paragraphs (B) and (C). 

17 ‘‘(IV) For fiscal year 2015— 

18 ‘‘(aa) for each Indian tribe, 

19 20 percent of the total relative 

20 need distribution factor and popu21 lation adjustment factor for the 

22 fiscal year 2011 funding amount 

23 made available to that Indian 

24 tribe; and 
221 

† HR 4348 EAS 

1 ‘‘(bb) the remainder using 

2 tribal shares as described in sub3 paragraphs (B) and (C). 

4 ‘‘(V) For fiscal year 2016 and 

5 thereafter, using tribal shares as de6 scribed in subparagraphs (B) and (C). 

7 ‘‘(ii) TRIBAL HIGH PRIORITY

8 PROJECTS.—The High Priority Projects 

9 program as included in the Tribal Trans10 portation Allocation Methodology of part 

11 170 of title 25, Code of Federal Regulations 

12 (as in effect on the date of enactment of the 

13 MAP–21), shall not continue in effect. 

14 ‘‘(B) TRIBAL SHARES.—Tribal shares under 

15 this program shall be determined using the na16 tional tribal transportation facility inventory as 

17 calculated for fiscal year 2012, and the most re18 cent data on American Indian and Alaska Na19 tive population within each Indian tribe’s Amer20 ican Indian/Alaska Native Reservation or Statis21 tical Area, as computed under the Native Amer22 ican Housing Assistance and Self-Determination 

23 Act of 1996 (25 U.S.C. 4101 et seq.), in the fol24 lowing manner: 
222 

† HR 4348 EAS 

1 ‘‘(i) 30 percent in the ratio that the 

2 total eligible lane mileage in each tribe 

3 bears to the total eligible lane mileage of all 

4 American Indians and Alaskan Natives. 

5 For the purposes of this calculation— 

6 ‘‘(I) eligible lane mileage shall be 

7 computed based on the inventory de8 scribed in paragraph (1), using only 

9 facilities included in the inventory de10 scribed in clause (i), (ii), or (iii) of 

11 paragraph (1)(B); and 

12 ‘‘(II) paved roads and gravel sur13 faced roads are deemed to equal 2 lane 

14 miles per mile of inventory, and earth 

15 surfaced roads and unimproved roads 

16 shall be deemed to equal 1 lane mile 

17 per mile of inventory. 

18 ‘‘(ii) 35 percent in the ratio that the 

19 total population in each tribe bears to the 

20 total population of all American Indians 

21 and Alaskan Natives. 

22 ‘‘(iii) 35 percent shall be divided 

23 equally among each Bureau of Indian Af24 fairs region for distribution of tribal shares 

25 as follows: 
223 

† HR 4348 EAS 

‘‘(I) 1 1 ⁄4 of 1 percent shall be dis2 tributed equally among Indian tribes 

3 with populations of 1 to 25. 

‘‘(II) 3 4 ⁄4 of 1 percent shall be dis5 tributed equally among Indian tribes 

6 with populations of 26 to 100. 

‘‘(III) 33 7 ⁄4 percent shall be distrib8 uted equally among Indian tribes with 

9 populations of 101 to 1,000. 

10 ‘‘(IV) 20 percent shall be distrib11 uted equally among Indian tribes with 

12 populations of 1,001 to 10,000. 

‘‘(V) 743 13 ⁄4 percent shall be distrib14 uted equally among Indian tribes with 

15 populations of 10,001 to 60,000 where 

16 3 or more Indian tribes occupy this 

17 category in a single Bureau of Indian 

18 Affairs region, and Bureau of Indian 

19 Affairs regions containing less than 3 

20 Indian tribes in this category shall re21 ceive funding in accordance with sub22 clause (IV) and clause (iv). 

‘‘(VI) 1 23 ⁄2 of 1 percent shall be dis24 tributed equally among Indian tribes 

25 with populations of 60,001 or more. 
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† HR 4348 EAS 

1 ‘‘(iv) For a Bureau of Indian Affairs 

2 region that has no Indian tribes meeting the 

3 population criteria under 1 or more of sub4 clauses (I) through (VI) of clause (iii), the 

5 region shall redistribute any funds subject 

6 to such clause or clauses among any such 

7 clauses for which the region has Indian 

8 tribes meeting such criteria proportionally 

9 in accordance with the percentages listed in 

10 such clauses until such funds are completely 

11 distributed. 

12 ‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— 

13 ‘‘(i) TRIBAL SUPPLEMENTAL FUNDING

14 AMOUNT.—Of funds made available for each 

15 fiscal year for the tribal transportation pro16 gram, the Secretary shall set aside the fol17 lowing amount for a tribal supplemental 

18 program: 

19 ‘‘(I) If the amount made available 

20 for the tribal transportation program 

21 is less than or equal to $275,000,000, 

22 30 percent of such amount. 

23 ‘‘(II) If the amount made avail24 able for the tribal transportation pro25 gram exceeds $275,000,000— 
225 

† HR 4348 EAS 

1 ‘‘(aa) $82,500,000; plus 

2 ‘‘(bb) 12.5 percent of the 

3 amount made available for the 

4 tribal transportation program in 

5 excess of $275,000,000. 

6 ‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCA7 TION.—The Secretary shall distribute tribal 

8 supplemental funds as follows: 

9 ‘‘(I) DISTRIBUTION AMONG RE10 GIONS.—Of the amounts set aside 

11 under clause (i), the Secretary shall 

12 distribute to each region of the Bureau 

13 of Indian Affairs a share of tribal sup14 plemental funds in proportion to the 

15 regional total of tribal shares based on 

16 the cumulative tribal shares of all In17 dian tribes within such region under 

18 subparagraph (B). 

19 ‘‘(II) DISTRIBUTION WITHIN A RE20 GION.—Of the amount that a region re21 ceives under subclause (I), the Sec22 retary shall distribute tribal supple23 mental funding among Indian tribes 

24 within such region as follows: 
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† HR 4348 EAS 

1 ‘‘(aa) TRIBAL SUPPLE2 MENTAL AMOUNTS.—The Sec3 retary shall determine— 

4 ‘‘(AA) which such In5 dian tribes would be entitled 

6 under subparagraph (A) to 

7 receive in a fiscal year less 

8 funding than they would re9 ceive in fiscal year 2011 pur10 suant to the Tribal Trans11 portation Allocation Method12 ology described in subpart C 

13 of part 170 of title 25, Code 

14 of Federal Regulations (as in 

15 effect on the date of enact16 ment of the MAP–21); and 

17 ‘‘(BB) the combined 

18 amount that such Indian 

19 tribes would be entitled to re20 ceive in fiscal year 2011 pur21 suant to such Tribal Trans22 portation Allocation Method23 ology in excess of the amount 

24 that they would be entitled to 
227 

† HR 4348 EAS 

1 receive in the fiscal year 

2 under subparagraph (B); and 

3 ‘‘(bb) Subject to subclause 

4 (III), distribute to each Indian 

5 tribe that meets the criteria de6 scribed in item (aa)(AA) a share 

7 of funding under this subpara8 graph in proportion to the share 

9 of the combined amount deter10 mined under item (aa)(BB) at11 tributable to such Indian tribe. 

12 ‘‘(III) CEILING.—An Indian tribe 

13 may not receive under subclause (II) 

14 and based on its tribal share under 

15 subparagraph (A) a combined amount 

16 that exceeds the amount that such In17 dian tribe would be entitled to receive 

18 in fiscal year 2011 pursuant to the 

19 Tribal Transportation Allocation 

20 Methodology described in subpart C of 

21 part 170 of title 25, Code of Federal 

22 Regulations (as in effect on the date of 

23 enactment of the MAP–21). 

24 ‘‘(IV) OTHER AMOUNTS.—If the 

25 amount made available for a region 
228 

† HR 4348 EAS 

1 under subclause (I) exceeds the amount 

2 distributed among Indian tribes within 

3 that region under subclause (II), the 

4 Secretary shall distribute the remain5 der of such region’s funding under such 

6 subclause among all Indian tribes in 

7 that region in proportion to the com8 bined amount that each such Indian 

9 tribe received under subparagraph (A) 

10 and subclauses (I), (II), and (III). 

11 ‘‘(4) TRANSFERRED FUNDS.— 

12 ‘‘(A) IN GENERAL.—Not later than 30 days 

13 after the date on which funds are made available 

14 to the Secretary of the Interior under this para15 graph, the funds shall be distributed to, and 

16 made available for immediate use by, eligible In17 dian tribes, in accordance with the formula for 

18 distribution of funds under the tribal transpor19 tation program. 

20 ‘‘(B) USE OF FUNDS.—Notwithstanding 

21 any other provision of this section, funds made 

22 available to Indian tribes for tribal transpor23 tation facilities shall be expended on projects 

24 identified in a transportation improvement pro25 gram approved by the Secretary. 
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† HR 4348 EAS 

1 ‘‘(5) HEALTH AND SAFETY ASSURANCES.—Not2 withstanding any other provision of law, an Indian 

3 tribal government may approve plans, specifications, 

4 and estimates and commence road and bridge con5 struction with funds made available from the tribal 

6 transportation program through a contract or agree7 ment under Indian Self-Determination and Edu8 cation Assistance Act (25 U.S.C. 450 et seq.), if the 

9 Indian tribal government— 

10 ‘‘(A) provides assurances in the contract or 

11 agreement that the construction will meet or ex12 ceed applicable health and safety standards; 

13 ‘‘(B) obtains the advance review of the 

14 plans and specifications from a State-licensed 

15 civil engineer that has certified that the plans 

16 and specifications meet or exceed the applicable 

17 health and safety standards; and 

18 ‘‘(C) provides a copy of the certification 

19 under subparagraph (A) to the Deputy Assistant 

20 Secretary for Tribal Government Affairs, De21 partment of Transportation, or the Assistant 

22 Secretary for Indian Affairs, Department of the 

23 Interior, as appropriate. 

24 ‘‘(6) CONTRACTS AND AGREEMENTS WITH INDIAN

25 TRIBES.— 
230 

† HR 4348 EAS 

1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of law or any interagency agree3 ment, program guideline, manual, or policy di4 rective, all funds made available through the Sec5 retary of the Interior under this chapter and sec6 tion 125(e) for tribal transportation facilities to 

7 pay for the costs of programs, services, functions, 

8 and activities, or portions of programs, services, 

9 functions, or activities, that are specifically or 

10 functionally related to the cost of planning, re11 search, engineering, and construction of any 

12 tribal transportation facility shall be made 

13 available, upon request of the Indian tribal gov14 ernment, to the Indian tribal government for 

15 contracts and agreements for such planning, re16 search, engineering, and construction in accord17 ance with Indian Self-Determination and Edu18 cation Assistance Act (25 U.S.C. 450 et seq.). 

19 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA20 TION.—All funds, including contract support 

21 costs, for programs, functions, services, or activi22 ties, or portions of programs, services, functions, 

23 or activities, including supportive administra24 tive functions that are otherwise contractible to 

25 which subparagraph (A) applies, shall be paid in 
231 

† HR 4348 EAS 

1 accordance with subparagraph (A), without re2 gard to the organizational level at which the De3 partment of the Interior has previously carried 

4 out such programs, functions, services, or activi5 ties. 

6 ‘‘(7) CONTRACTS AND AGREEMENTS WITH INDIAN

7 TRIBES.— 

8 ‘‘(A) IN GENERAL.—Notwithstanding any 

9 other provision of law or any interagency agree10 ment, program guideline, manual, or policy di11 rective, all funds made available through the Sec12 retary of the Interior to an Indian tribal govern13 ment under this chapter for a tribal transpor14 tation facility program or project shall be made 

15 available, on the request of the Indian tribal gov16 ernment, to the Indian tribal government for use 

17 in carrying out, in accordance with the Indian 

18 Self-Determination and Education Assistance 

19 Act (25 U.S.C. 450 et seq.), contracts and agree20 ments for the planning, research, design, engi21 neering, construction, and maintenance relating 

22 to the program or project. 

23 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA24 TION.—In accordance with subparagraph (A), 

25 all funds, including contract support costs, for a 
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1 program or project to which subparagraph (A) 

2 applies shall be paid to the Indian tribal govern3 ment without regard to the organizational level 

4 at which the Department of the Interior has pre5 viously carried out, or the Department of Trans6 portation has previously carried out under the 

7 tribal transportation program, the programs, 

8 functions, services, or activities involved. 

9 ‘‘(C) CONSORTIA.—Two or more Indian 

10 tribes that are otherwise eligible to participate in 

11 a program or project to which this chapter ap12 plies may form a consortium to be considered as 

13 a single Indian tribe for the purpose of partici14 pating in the project under this section. 

15 ‘‘(D) SECRETARY AS SIGNATORY.—Notwith16 standing any other provision of law, the Sec17 retary is authorized to enter into a funding 

18 agreement with an Indian tribal government to 

19 carry out a tribal transportation facility pro20 gram or project under subparagraph (A) that is 

21 located on an Indian reservation or provides ac22 cess to the reservation or a community of the In23 dian tribe. 

24 ‘‘(E) FUNDING.—The amount an Indian 

25 tribal government receives for a program or 
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1 project under subparagraph (A) shall equal the 

2 sum of the funding that the Indian tribal gov3 ernment would otherwise receive for the program 

4 or project in accordance with the funding for5 mula established under this subsection and such 

6 additional amounts as the Secretary determines 

7 equal the amounts that would have been withheld 

8 for the costs of the Bureau of Indian Affairs for 

9 administration of the program or project. 

10 ‘‘(F) ELIGIBILITY.— 

11 ‘‘(i) IN GENERAL.—Subject to clause 

12 (ii) and the approval of the Secretary, 

13 funds may be made available under sub14 paragraph (A) to an Indian tribal govern15 ment for a program or project in a fiscal 

16 year only if the Indian tribal government 

17 requesting such funds demonstrates to the 

18 satisfaction of the Secretary financial sta19 bility and financial management capability 

20 during the 3 fiscal years immediately pre21 ceding the fiscal year for which the request 

22 is being made. 

23 ‘‘(ii) CONSIDERATIONS.—An Indian 

24 tribal government that had no uncorrected 

25 significant and material audit exceptions in 
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1 the required annual audit of the contracts 

2 or self-governance funding agreements made 

3 by the Indian tribe with any Federal agen4 cy under the Indian Self-Determination 

5 and Education Assistance Act (25 U.S.C. 

6 450 et seq.) during the 3-fiscal year period 

7 referred in clause (i) shall be conclusive evi8 dence of the financial stability and finan9 cial management capability of the Indian 

10 tribe for purposes of clause (i). 

11 ‘‘(G) ASSUMPTION OF FUNCTIONS AND DU12 TIES.—An Indian tribal government receiving 

13 funding under subparagraph (A) for a program 

14 or project shall assume all functions and duties 

15 that the Secretary of the Interior would have 

16 performed with respect to a program or project 

17 under this chapter, other than those functions 

18 and duties that inherently cannot be legally 

19 transferred under the Indian Self-Determination 

20 and Education Assistance Act (25 U.S.C. 450 et 

21 seq.). 

22 ‘‘(H) POWERS.—An Indian tribal govern23 ment receiving funding under subparagraph (A) 

24 for a program or project shall have all powers 

25 that the Secretary of the Interior would have ex-
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1 ercised in administering the funds transferred to 

2 the Indian tribal government for such program 

3 or project under this section if the funds had not 

4 been transferred, except to the extent that such 

5 powers are powers that inherently cannot be le6 gally transferred under the Indian Self-Deter7 mination and Education Assistance Act (25 

8 U.S.C. 450 et seq.). 

9 ‘‘(I) DISPUTE RESOLUTION.—In the event of 

10 a disagreement between the Secretary or the Sec11 retary of the Interior and an Indian tribe over 

12 whether a particular function, duty, or power 

13 may be lawfully transferred to the Indian tribe 

14 under the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 450 et seq.), the 

16 Indian tribe shall have the right to pursue all al17 ternative dispute resolution and appeal proce18 dures authorized by that Act, including regula19 tions issued to carry out the Act. 

20 ‘‘(J) TERMINATION OF CONTRACT OR

21 AGREEMENT.—On the date of the termination of 

22 a contract or agreement under this section by an 

23 Indian tribal government, the Secretary shall 

24 transfer all funds that would have been allocated 

25 to the Indian tribal government under the con-
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1 tract or agreement to the Secretary of the Inte2 rior to provide continued transportation services 

3 in accordance with applicable law. 

4 ‘‘(c) PLANNING.— 

5 ‘‘(1) IN GENERAL.—For each fiscal year, not 

6 more than 2 percent of the funds made available for 

7 the tribal transportation program shall be allocated 

8 among Indian tribal governments that apply for 

9 transportation planning pursuant to the Indian Self10 Determination and Education Assistance Act (25 

11 U.S.C. 450 et seq.). 

12 ‘‘(2) REQUIREMENT.—An Indian tribal govern13 ment, in cooperation with the Secretary of the Inte14 rior and, as appropriate, with a State, local govern15 ment, or metropolitan planning organization, shall 

16 carry out a transportation planning process in ac17 cordance with section 201(c). 

18 ‘‘(3) SELECTION AND APPROVAL OF PROJECTS.— 

19 A project funded under this section shall be— 

20 ‘‘(A) selected by the Indian tribal govern21 ment from the transportation improvement pro22 gram; and 

23 ‘‘(B) subject to the approval of the Secretary 

24 of the Interior and the Secretary. 

25 ‘‘(d) TRIBAL TRANSPORTATION FACILITY BRIDGES.— 
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1 ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The Sec2 retary shall maintain a nationwide priority program 

3 for improving deficient bridges eligible for the tribal 

4 transportation program. 

5 ‘‘(2) FUNDING.—Before making any distribution 

6 under subsection (b), the Secretary shall set aside not 

7 more than 2 percent of the funds made available 

8 under the tribal transportation program for each fis9 cal year to be allocated— 

10 ‘‘(A) to carry out any planning, design, en11 gineering, preconstruction, construction, and in12 spection of a project to replace, rehabilitate, seis13 mically retrofit, paint, apply calcium magne14 sium acetate, sodium acetate/formate, or other 

15 environmentally acceptable, minimally corrosive 

16 anti-icing and deicing composition; or 

17 ‘‘(B) to implement any countermeasure for 

18 deficient tribal transportation facility bridges, 

19 including multiple-pipe culverts. 

20 ‘‘(3) ELIGIBLE BRIDGES.—To be eligible to re21 ceive funding under this subsection, a bridge described 

22 in paragraph (1) shall— 

23 ‘‘(A) have an opening of not less than 20 

24 feet; 
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1 ‘‘(B) be classified as a tribal transportation 

2 facility; and 

3 ‘‘(C) be structurally deficient or function4 ally obsolete. 

5 ‘‘(4) APPROVAL REQUIREMENT.—The Secretary 

6 may make funds available under this subsection for 

7 preliminary engineering, construction, and construc8 tion engineering activities after approval of required 

9 documentation and verification of eligibility in ac10 cordance with this title. 

11 ‘‘(e) SAFETY.— 

12 ‘‘(1) FUNDING.—Before making any distribution 

13 under subsection (b), the Secretary shall set aside not 

14 more than 2 percent of the funds made available 

15 under the tribal transportation program for each fis16 cal year to be allocated based on an identification 

17 and analysis of highway safety issues and opportuni18 ties on tribal land, as determined by the Secretary, 

19 on application of the Indian tribal governments for 

20 eligible projects described in section 148(a)(4). 

21 ‘‘(2) PROJECT SELECTION.—An Indian tribal 

22 government, in cooperation with the Secretary of the 

23 Interior and, as appropriate, with a State, local gov24 ernment, or metropolitan planning organization, 

25 shall select projects from the transportation improve-
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1 ment program, subject to the approval of the Sec2 retary and the Secretary of the Interior. 

3 ‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before ap4 proving as a project on a tribal transportation facility any 

5 project eligible for funds apportioned under section 104 in 

6 a State, the Secretary shall, for projects on tribal transpor7 tation facilities, determine that the obligation of funds for 

8 the project is supplementary to and not in lieu of the obliga9 tion of a fair and equitable share of funds apportioned to 

10 the State under section 104. 

11 ‘‘§ 203. Federal lands transportation program 

12 ‘‘(a) USE OF FUNDS.— 

13 ‘‘(1) IN GENERAL.—Funds made available under 

14 the Federal lands transportation program shall be 

15 used by the Secretary of Transportation and the Sec16 retary of the appropriate Federal land management 

17 agency to pay the costs of— 

18 ‘‘(A) program administration, transpor19 tation planning, research, preventive mainte20 nance, engineering, rehabilitation, restoration, 

21 construction, and reconstruction of Federal lands 

22 transportation facilities, and— 

23 ‘‘(i) adjacent vehicular parking areas; 

24 ‘‘(ii) acquisition of necessary scenic 

25 easements and scenic or historic sites; 
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1 ‘‘(iii) provision for pedestrians and bi2 cycles; 

3 ‘‘(iv) environmental mitigation in or 

4 adjacent to Federal land open to the pub5 lic— 

6 ‘‘(I) to improve public safety and 

7 reduce vehicle-caused wildlife mortality 

8 while maintaining habitat 

9 connectivity; and 

10 ‘‘(II) to mitigate the damage to 

11 wildlife, aquatic organism passage, 

12 habitat, and ecosystem connectivity, 

13 including the costs of constructing, 

14 maintaining, replacing, or removing 

15 culverts and bridges, as appropriate; 

16 ‘‘(v) construction and reconstruction of 

17 roadside rest areas, including sanitary and 

18 water facilities; 

19 ‘‘(vi) congestion mitigation; and 

20 ‘‘(vii) other appropriate public road 

21 facilities, as determined by the Secretary; 

22 ‘‘(B) operation and maintenance of transit 

23 facilities; and 

24 ‘‘(C) any transportation project eligible for 

25 assistance under this title that is on a public 
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1 road within or adjacent to, or that provides ac2 cess to, Federal lands open to the public. 

3 ‘‘(2) CONTRACT.—In connection with an activity 

4 described in paragraph (1), the Secretary and the 

5 Secretary of the appropriate Federal land manage6 ment agency may enter into a contract or other ap7 propriate agreement with respect to the activity 

8 with— 

9 ‘‘(A) a State (including a political subdivi10 sion of a State); or 

11 ‘‘(B) an Indian tribe. 

12 ‘‘(3) ADMINISTRATION.—All appropriations for 

13 the construction and improvement of Federal lands 

14 transportation facilities shall be administered in con15 formity with regulations and agreements jointly ap16 proved by the Secretary and the Secretary of the ap17 propriate Federal land managing agency. 

18 ‘‘(4) COOPERATION.— 

19 ‘‘(A) IN GENERAL.—The cooperation of 

20 States, counties, or other local subdivisions may 

21 be accepted in construction and improvement. 

22 ‘‘(B) FUNDS RECEIVED.—Any funds re23 ceived from a State, county, or local subdivision 

24 shall be credited to appropriations available for 
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1 the class of Federal lands transportation facili2 ties to which the funds were contributed. 

3 ‘‘(5) COMPETITIVE BIDDING.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), construction of each project shall be 

6 performed by contract awarded by competitive 

7 bidding. 

8 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

9 not apply if the Secretary or the Secretary of the 

10 appropriate Federal land management agency 

11 affirmatively finds that, under the circumstances 

12 relating to the project, a different method is in 

13 the public interest. 

14 ‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— 

15 ‘‘(1) IN GENERAL.—On October 1, 2011, and on 

16 October 1 of each fiscal year thereafter, the Secretary 

17 shall allocate the sums authorized to be appropriated 

18 for the fiscal year for the Federal lands transpor19 tation program on the basis of applications of need, 

20 as determined by the Secretary— 

21 ‘‘(A) in consultation with the Secretaries of 

22 the applicable Federal land management agen23 cies; and 
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1 ‘‘(B) in coordination with the transpor2 tation plans required under section 201 of the re3 spective transportation systems of— 

4 ‘‘(i) the National Park Service; 

5 ‘‘(ii) the Forest Service; 

6 ‘‘(iii) the United States Fish and 

7 Wildlife Service; 

8 ‘‘(iv) the Corps of Engineers; and 

9 ‘‘(v) the Bureau of Land Management. 

10 ‘‘(2) APPLICATIONS.— 

11 ‘‘(A) REQUIREMENTS.—Each application 

12 submitted by a Federal land management agency 

13 shall include proposed programs at various po14 tential funding levels, as defined by the Sec15 retary following collaborative discussions with 

16 applicable Federal land management agencies. 

17 ‘‘(B) CONSIDERATION BY SECRETARY.—In 

18 evaluating an application submitted under sub19 paragraph (A), the Secretary shall consider the 

20 extent to which the programs support— 

21 ‘‘(i) the transportation goals of— 

22 ‘‘(I) a state of good repair of 

23 transportation facilities; 

24 ‘‘(II) a reduction of bridge defi25 ciencies, and 
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1 ‘‘(III) an improvement of safety; 

2 ‘‘(ii) high-use Federal recreational sites 

3 or Federal economic generators; and 

4 ‘‘(iii) the resource and asset manage5 ment goals of the Secretary of the respective 

6 Federal land management agency. 

7 ‘‘(C) PERMISSIVE CONTENTS.—Applications 

8 may include proposed programs the duration of 

9 which extend over a multiple-year period to sup10 port long-term transportation planning and re11 source management initiatives. 

12 ‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION

13 FACILITY INVENTORY.— 

14 ‘‘(1) IN GENERAL.—The Secretaries of the appro15 priate Federal land management agencies, in co16 operation with the Secretary, shall maintain a com17 prehensive national inventory of public Federal lands 

18 transportation facilities. 

19 ‘‘(2) TRANSPORTATION FACILITIES INCLUDED IN

20 THE INVENTORIES.—To identify the Federal lands 

21 transportation system and determine the relative 

22 transportation needs among Federal land manage23 ment agencies, the inventories shall include, at a min24 imum, facilities that— 
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1 ‘‘(A) provide access to high-use Federal 

2 recreation sites or Federal economic generators, 

3 as determined by the Secretary in coordination 

4 with the respective Secretaries of the appropriate 

5 Federal land management agencies; and 

6 ‘‘(B) are owned by 1 of the following agen7 cies: 

8 ‘‘(i) The National Park Service. 

9 ‘‘(ii) The Forest Service. 

10 ‘‘(iii) The United States Fish and 

11 Wildlife Service. 

12 ‘‘(iv) The Bureau of Land Manage13 ment. 

14 ‘‘(v) The Corps of Engineers. 

15 ‘‘(3) AVAILABILITY.—The inventories shall be 

16 made available to the Secretary. 

17 ‘‘(4) UPDATES.—The Secretaries of the appro18 priate Federal land management agencies shall up19 date the inventories of the appropriate Federal land 

20 management agencies, as determined by the Secretary 

21 after collaborative discussions with the Secretaries of 

22 the appropriate Federal land management agencies. 

23 ‘‘(5) REVIEW.—A decision to add or remove a fa24 cility from the inventory shall not be considered a 

25 Federal action for purposes of review under the Na-
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1 tional Environmental Policy Act of 1969 (42 U.S.C. 

2 4321 et seq.). 

3 ‘‘(d) BICYCLE SAFETY.—The Secretary of the appro4 priate Federal land management agency shall prohibit the 

5 use of bicycles on each federally owned road that has a speed 

6 limit of 30 miles per hour or greater and an adjacent paved 

7 path for use by bicycles within 100 yards of the road unless 

8 the Secretary determines that the bicycle level of service on 

9 that roadway is rated B or higher. 

10 ‘‘§ 204. Federal lands access program 

11 ‘‘(a) USE OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—Funds made available under 

13 the Federal lands access program shall be used by the 

14 Secretary of Transportation and the Secretary of the 

15 appropriate Federal land management agency to pay 

16 the cost of— 

17 ‘‘(A) transportation planning, research, en18 gineering, preventive maintenance, rehabilita19 tion, restoration, construction, and reconstruc20 tion of Federal lands access transportation fa21 cilities located on or adjacent to, or that provide 

22 access to, Federal land, and— 

23 ‘‘(i) adjacent vehicular parking areas; 

24 ‘‘(ii) acquisition of necessary scenic 

25 easements and scenic or historic sites; 
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1 ‘‘(iii) provisions for pedestrians and 

2 bicycles; 

3 ‘‘(iv) environmental mitigation in or 

4 adjacent to Federal land— 

5 ‘‘(I) to improve public safety and 

6 reduce vehicle-caused wildlife mortality 

7 while maintaining habitat 

8 connectivity; and 

9 ‘‘(II) to mitigate the damage to 

10 wildlife, aquatic organism passage, 

11 habitat, and ecosystem connectivity, 

12 including the costs of constructing, 

13 maintaining, replacing, or removing 

14 culverts and bridges, as appropriate; 

15 ‘‘(v) construction and reconstruction of 

16 roadside rest areas, including sanitary and 

17 water facilities; and 

18 ‘‘(vi) other appropriate public road fa19 cilities, as determined by the Secretary; 

20 ‘‘(B) operation and maintenance of transit 

21 facilities; and 

22 ‘‘(C) any transportation project eligible for 

23 assistance under this title that is within or adja24 cent to, or that provides access to, Federal land. 
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1 ‘‘(2) CONTRACT.—In connection with an activity 

2 described in paragraph (1), the Secretary and the 

3 Secretary of the appropriate Federal land manage4 ment agency may enter into a contract or other ap5 propriate agreement with respect to the activity 

6 with— 

7 ‘‘(A) a State (including a political subdivi8 sion of a State); or 

9 ‘‘(B) an Indian tribe. 

10 ‘‘(3) ADMINISTRATION.—All appropriations for 

11 the construction and improvement of Federal lands 

12 access transportation facilities shall be administered 

13 in conformity with regulations and agreements ap14 proved by the Secretary. 

15 ‘‘(4) COOPERATION.— 

16 ‘‘(A) IN GENERAL.—The cooperation of 

17 States, counties, or other local subdivisions may 

18 be accepted in construction and improvement. 

19 ‘‘(B) FUNDS RECEIVED.—Any funds re20 ceived from a State, county, or local subdivision 

21 for a Federal lands access transportation facility 

22 project shall be credited to appropriations avail23 able under the Federal lands access program. 

24 ‘‘(5) COMPETITIVE BIDDING.— 
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), construction of each project shall be 

3 performed by contract awarded by competitive 

4 bidding. 

5 ‘‘(B) EXCEPTION.—Subparagraph (A) shall 

6 not apply if the Secretary or the Secretary of the 

7 appropriate Federal land management agency 

8 affirmatively finds that, under the circumstances 

9 relating to the project, a different method is in 

10 the public interest. 

11 ‘‘(b) PROGRAM DISTRIBUTIONS.— 

12 ‘‘(1) IN GENERAL.—Funding made available to 

13 carry out the Federal lands access program shall be 

14 allocated among those States that have Federal land, 

15 in accordance with the following formula: 

16 ‘‘(A) 80 percent of the available funding for 

use in those States that contain at least 1 1 17 ⁄2

18 percent of the total public land in the United 

19 States managed by the agencies described in 

20 paragraph (2), to be distributed as follows: 

21 ‘‘(i) 30 percent in the ratio that— 

22 ‘‘(I) recreational visitation within 

23 each such State; bears to 

24 ‘‘(II) the recreational visitation 

25 within all such States. 
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1 ‘‘(ii) 5 percent in the ratio that— 

2 ‘‘(I) the Federal land area within 

3 each such State; bears to 

4 ‘‘(II) the Federal land area in all 

5 such States. 

6 ‘‘(iii) 55 percent in the ratio that— 

7 ‘‘(I) the Federal public road miles 

8 within each such State; bears to 

9 ‘‘(II) the Federal public road 

10 miles in all such States. 

11 ‘‘(iv) 10 percent in the ratio that— 

12 ‘‘(I) the number of Federal public 

13 bridges within each such State; bears 

14 to 

15 ‘‘(II) the number of Federal public 

16 bridges in all such States. 

17 ‘‘(B) 20 percent of the available funding for 

18 use in those States that do not contain at least 

11 19 ⁄2 percent of the total public land in the 

20 United States managed by the agencies described 

21 in paragraph (2), to be distributed as follows: 

22 ‘‘(i) 30 percent in the ratio that— 

23 ‘‘(I) recreational visitation within 

24 each such State; bears to 
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1 ‘‘(II) the recreational visitation 

2 within all such States. 

3 ‘‘(ii) 5 percent in the ratio that— 

4 ‘‘(I) the Federal land area within 

5 each such State; bears to 

6 ‘‘(II) the Federal land area in all 

7 such States. 

8 ‘‘(iii) 55 percent in the ratio that— 

9 ‘‘(I) the Federal public road miles 

10 within each such State; bears to 

11 ‘‘(II) the Federal public road 

12 miles in all such States. 

13 ‘‘(iv) 10 percent in the ratio that— 

14 ‘‘(I) the number of Federal public 

15 bridges within each such State; bears 

16 to 

17 ‘‘(II) the number of Federal public 

18 bridges in all such States. 

19 ‘‘(2) DATA SOURCE.—Data necessary to dis20 tribute funding under paragraph (1) shall be pro21 vided by the following Federal land management 

22 agencies: 

23 ‘‘(A) The National Park Service. 

24 ‘‘(B) The Forest Service. 
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1 ‘‘(C) The United States Fish and Wildlife 

2 Service. 

3 ‘‘(D) The Bureau of Land Management. 

4 ‘‘(E) The Corps of Engineers. 

5 ‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— 

6 ‘‘(1) IN GENERAL.—Programming decisions shall 

7 be made within each State by a committee comprised 

8 of— 

9 ‘‘(A) a representative of the Federal High10 way Administration; 

11 ‘‘(B) a representative of the State Depart12 ment of Transportation; and 

13 ‘‘(C) a representative of any appropriate 

14 political subdivision of the State. 

15 ‘‘(2) CONSULTATION REQUIREMENT.—The com16 mittee described in paragraph (1) shall consult with 

17 each applicable Federal agency in each State before 

18 any joint discussion or final programming decision. 

19 ‘‘(3) PROJECT PREFERENCE.—In making a pro20 gramming decision under paragraph (1), the com21 mittee shall give preference to projects that provide 

22 access to, are adjacent to, or are located within high23 use Federal recreation sites or Federal economic gen24 erators, as identified by the Secretaries of the appro25 priate Federal land management agencies.’’. 
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1 (b) PUBLIC LANDS DEVELOPMENT ROADS AND

2 TRAILS.—Section 214 of title 23, United States Code, is 

3 repealed. 

4 (c) CONFORMING AMENDMENTS.— 

5 (1) CHAPTER 2 ANALYSIS.—The analysis for 

6 chapter 2 of title 23, United States Code, is amended: 

7 (A) By striking the items relating to sec8 tions 201 through 204 and inserting the fol9 lowing: 

‘‘201. Federal lands and tribal transportation programs. 

‘‘202. Tribal transportation program. 

‘‘203. Federal lands transportation program. 

‘‘204. Federal lands access program.’’. 

10 (B) By striking the item relating to section 

11 214. 

12 (2) DEFINITION.—Section 138(a) of title 23, 

13 United States Code, is amended in the third sentence 

14 by striking ‘‘park road or parkway under section 204 

15 of this title’’ and inserting ‘‘Federal lands transpor16 tation facility’’. 

17 (3) RULES, REGULATIONS, AND RECOMMENDA18 TIONS.—Section 315 of title 23, United States Code, 

19 is amended by striking ‘‘204(f)’’ and inserting 

20 ‘‘202(a)(5), 203(a)(3),’’. 

21 SEC. 1117. ALASKA HIGHWAY. 

22 Section 218 of title 23, United States Code, is amended 

23 to read as follows: 
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1 ‘‘§ 218. Alaska Highway 

2 ‘‘(a) DEFINITION OF ALASKA MARINE HIGHWAY SYS3 TEM.—In this section, the term ‘Alaska Marine Highway 

4 System’ includes each existing or planned transportation 

5 facility and equipment in the State of Alaska relating to 

6 the ferry system of the State, including the lease, purchase, 

7 or construction of vessels, terminals, docks, floats, ramps, 

8 staging areas, parking lots, bridges, and approaches thereto, 

9 and necessary roads. 

10 ‘‘(b) AUTHORIZATION OF SECRETARY.— 

11 ‘‘(1) IN GENERAL.—Recognizing the benefits that 

12 will accrue to the State of Alaska and to the United 

13 States from the reconstruction of the Alaska Highway 

14 from the Alaskan border to Haines Junction in Can15 ada and the Haines Cutoff Highway from Haines 

16 Junction in Canada to Haines, the Secretary is au17 thorized, upon agreement with the State of Alaska, to 

18 expend on such highway or the Alaska Marine High19 way System any Federal-aid highway funds appor20 tioned to the State of Alaska under this title to pro21 vide for necessary reconstruction of such highway. 

22 ‘‘(2) LIMITATION.—No expenditures shall be 

23 made for the construction of the portion of the high24 ways that are in located in Canada until the date on 

25 which an agreement has been reached by the Govern26 ment of Canada and the Government of the United 
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1 States, which shall provide in part, that the Cana2 dian Government— 

3 ‘‘(A) will provide, without participation of 

4 funds authorized under this title, all necessary 

5 right-of-way for the construction of the highways; 

6 ‘‘(B) will not impose any highway toll, or 

7 permit any toll to be charged for the use of the 

8 highways by vehicles or persons; 

9 ‘‘(C) will not levy or assess, directly or in10 directly, any fee, tax, or other charge for the use 

11 of the highways by vehicles or persons from the 

12 United States that does not apply equally to ve13 hicles or persons of Canada; 

14 ‘‘(D) will continue to grant reciprocal rec15 ognition of vehicle registration and drivers’ li16 censes in accordance with agreements between the 

17 United States and Canada; and 

18 ‘‘(E) will maintain the highways after the 

19 date of completion of the highways in proper 

20 condition adequately to serve the needs of present 

21 and future traffic. 

22 ‘‘(c) SUPERVISION OF SECRETARY.—The survey and 

23 construction work undertaken in Canada pursuant to this 

24 section shall be under the general supervision of the Sec25 retary.’’. 
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1 SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIG2 NIFICANCE. 

3 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

4 shall establish a program in accordance with this section 

5 to provide grants for projects of national and regional sig6 nificance. 

7 (b) PURPOSE OF PROGRAM.—The purpose of the 

8 projects of national and regional significance program shall 

9 be to fund critical high-cost surface transportation infra10 structure projects that are difficult to complete with existing 

11 Federal, State, local, and private funds and that will— 

12 (1) generate national and regional economic ben13 efits and increase global economic competitiveness; 

14 (2) reduce congestion and its impacts; 

15 (3) improve roadways vital to national energy 

16 security; 

17 (4) improve movement of freight and people; and 

18 (5) improve transportation safety. 

19 (c) DEFINITIONS.—In this section: 

20 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

21 applicant’’ means a State department of transpor22 tation or a group of State departments of transpor23 tation, a local government, a tribal government or 

24 consortium of tribal governments, a transit agency, a 

25 port authority, a metropolitan planning organiza26 tion, other political subdivisions of State or local gov-
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† HR 4348 EAS 

1 ernments, or a multi-State or multi-jurisdictional 

2 group of the aforementioned entities. 

3 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

4 project’’ means a surface transportation project or a 

5 program of integrated surface transportation projects 

6 closely related in the function they perform that— 

7 (A) is a capital project or projects— 

8 (i) eligible for Federal financial assist9 ance under title 23, United States Code, or 

10 under chapter 53 of title 49, United States 

11 Code; or 

12 (ii) for surface transportation infra13 structure to facilitate intermodal inter14 change, transfer, and access into and out of 

15 intermodal facilities, including ports; and 

16 (B) has eligible project costs that are rea17 sonably anticipated to equal or exceed the lesser 

18 of— 

19 (i) $500,000,000; 

20 (ii) for a project located in a single 

21 State, 30 percent of the amount of Federal22 aid highway funds apportioned for the most 

23 recently completed fiscal year to the State; 

24 or 
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1 (iii) for a project located in more than 

2 1 State, 75 percent of the amount of Fed3 eral-aid highway funds apportioned for the 

4 most recently completed fiscal year to the 

5 State in which the project is located that 

6 has the largest apportionment. 

7 (3) ELIGIBLE PROJECT COSTS.—The term ‘‘eligi8 ble project costs’’ means the costs of— 

9 (A) development phase activities, including 

10 planning, feasibility analysis, revenue fore11 casting, environmental review, preliminary engi12 neering and design work, and other 

13 preconstruction activities; 

14 (B) construction, reconstruction, rehabilita15 tion, and acquisition of real property (including 

16 land related to the project and improvements to 

17 land), environmental mitigation, construction 

18 contingencies, acquisition of equipment directly 

19 related to improving system performance, and 

20 operational improvements; and 

21 (C) all financing costs, including subsidy 

22 costs under the Transportation Infrastructure 

23 Finance and Innovation Act program. 

24 (d) SOLICITATIONS AND APPLICATIONS.— 
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1 (1) GRANT SOLICITATIONS.—The Secretary shall 

2 establish criteria for project evaluation and conduct a 

3 transparent and competitive national solicitation 

4 process to select projects for funding to carry out the 

5 purposes of this section. 

6 (2) APPLICATIONS.— 

7 (A) IN GENERAL.—An eligible applicant 

8 seeking a grant under this section for an eligible 

9 project shall submit an application to the Sec10 retary in such form and in accordance with such 

11 requirements as the Secretary shall establish. 

12 (B) CONTENTS.—An application under this 

13 subsection shall, at a minimum, include data on 

14 current system performance and estimated sys15 tem improvements that will result from comple16 tion of the eligible project, including projections 

17 for 2, 7, and 15 years after completion. 

18 (C) RESUBMISSION OF APPLICATIONS.—An 

19 eligible applicant whose project is not selected by 

20 the Secretary may resubmit an application in 

21 any subsequent solicitation. 

22 (e) CRITERIA FOR PROJECT EVALUATION AND SELEC23 TION.— 
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1 (1) IN GENERAL.—The Secretary may select a 

2 project only if the Secretary determines that the 

3 project— 

4 (A) will significantly improve the perform5 ance of the national surface transportation net6 work, nationally or regionally; 

7 (B) is based on the results of preliminary 

8 engineering; 

9 (C) cannot be readily and efficiently com10 pleted without Federal support from this pro11 gram; 

12 (D) is justified based on the ability of the 

13 project— 

14 (i) to generate national economic bene15 fits that reasonably exceed its costs, includ16 ing increased access to jobs, labor, and other 

17 critical economic inputs; 

18 (ii) to reduce long-term congestion, in19 cluding impacts in the State, region, and 

20 Nation, and increase speed, reliability, and 

21 accessibility of the movement of people or 

22 freight; and 

23 (iii) to improve transportation safety, 

24 including reducing transportation acci-
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1 dents, and serious injuries and fatalities; 

2 and 

3 (E) is supported by an acceptable degree of 

4 non-Federal financial commitments, including 

5 evidence of stable and dependable financing 

6 sources to construct, maintain, and operate the 

7 infrastructure facility. 

8 (2) ADDITIONAL CONSIDERATIONS.—In evalu9 ating a project under this section, in addition to the 

10 criteria in paragraph (1), the Secretary shall consider 

11 the extent to which the project— 

12 (A) leverages Federal investment by encour13 aging non-Federal contributions to the project, 

14 including contributions from public-private 

15 partnerships; 

16 (B) is able to begin construction within 18 

17 months of being selected; 

18 (C) incorporates innovative project delivery 

19 and financing where practical; 

20 (D) stimulates collaboration between States 

21 and among State and local governments; 

22 (E) helps maintain or protect the environ23 ment; 

24 (F) improves roadways vital to national en25 ergy security; 
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1 (G) uses innovative technologies, including 

2 intelligent transportation systems, that enhance 

3 the efficiency of the project; and 

4 (H) contributes to an equitable geographic 

5 distribution of funds under this section and an 

6 appropriate balance in addressing the needs of 

7 urban and rural communities. 

8 (f) GRANT REQUIREMENTS.— 

9 (1) IN GENERAL.—A grant for a project under 

10 this section shall be subject to the following require11 ments: 

12 (A) A qualifying highway project eligible 

13 for funding under title 23, United States Code, 

14 or public transportation project eligible under 

15 chapter 53 of title 49, United States Code, shall 

16 comply with all applicable requirements of such 

17 title or chapter except that, if the project con18 tains elements or activities that are not eligible 

19 for funding under such title or chapter but are 

20 eligible for funding under this section, the ele21 ments or activities shall comply with the require22 ments described in subparagraph (B). 

23 (B) A qualifying surface transportation 

24 project not eligible under title 23, United States 

25 Code, or chapter 53 of title 49, United States 
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1 Code, shall comply with the requirements of sub2 chapter IV of chapter 31 of title 40, United 

3 States Code, section 10a–d of title 41, United 

4 States Code, and such other terms, conditions, 

5 and requirements as the Secretary determines 

6 are necessary and appropriate for the type of 

7 project. 

8 (2) DETERMINATION OF APPLICABLE MODAL RE9 QUIREMENTS.—In the event that a project has cross10 modal components, the Secretary shall have the dis11 cretion to designate the requirements that shall apply 

12 to the project based on predominant components. 

13 (3) OTHER TERMS AND CONDITIONS.—The Sec14 retary shall require that all grants under this section 

15 be subject to all terms, conditions, and requirements 

16 that the Secretary decides are necessary or appro17 priate for purposes of this section, including require18 ments for the disposition of net increases in value of 

19 real property resulting from the project assisted under 

20 this section. 

21 (g) FEDERAL SHARE OF PROJECT COST.— 

22 (1) IN GENERAL.—If a project funded under this 

23 section is to construct or improve a privately owned 

24 facility or would primarily benefit a private entity, 

25 the Federal share shall be the lesser of 50 percent of 
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1 the total project cost or the quantified public benefit 

2 of the project. For all other projects funded under this 

3 section— 

4 (A) the Federal share of funds under this 

5 section shall be up to 50 percent of the project 

6 cost; and 

7 (B) the project sponsor may use other eligi8 ble Federal transportation funds to cover up to 

9 an additional 30 percent of the project costs. 

10 (2) PRE-APPROVAL COSTS.—The Secretary may 

11 allow costs incurred prior to project approval to be 

12 used as a credit toward the non-Federal share of the 

13 cost of the project. Such costs must be adequately doc14 umented, necessary, reasonable, and allocable to the 

15 current phase of the project and such costs may not 

16 be included as a cost or used to meet cost-sharing or 

17 matching requirements of any other federally-financed 

18 project. 

19 (h) REPORT TO THE SECRETARY.—For each project 

20 funded under this section, the project sponsor shall reassess 

21 system performance and report to the Secretary 2, 7, and 

22 15 years after completion of the project to assess if the 

23 project outcomes have met pre-construction projections. 

24 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated to carry out this section, to 
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1 remain available until expended, $1,000,000,000 for fiscal 

2 year 2013. 

3 (j) TREATMENT OF PROJECTS.—Notwithstanding any 

4 other provision of law, projects funded under this section 

5 shall be treated as projects on a Federal-aid highway under 

6 chapter 1 of title 23, United States Code. 

7 (k) REPORTS.— 

8 (1) SECRETARY.— 

9 (A) IN GENERAL.—Not later than 30 days 

10 after the date on which the Secretary selects a 

11 project for funding under this section, the Sec12 retary shall submit to the Committee on Envi13 ronment and Public Works of the Senate and the 

14 Committee on Transportation and Infrastructure 

15 of the House of Representatives a report that de16 scribes the reasons for selecting the project, based 

17 on the criteria described in subsection (e). 

18 (B) INCLUSIONS.—The report submitted 

19 under subparagraph (A) shall specify each cri20 teria described in subsection (e) that the project 

21 meets. 

22 (C) AVAILABILITY.—The Secretary shall 

23 make available on the website of the Department 

24 the report submitted under subparagraph (A). 

25 (2) COMPTROLLER GENERAL.— 
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1 (A) ASSESSMENT.—The Comptroller Gen2 eral of the United States shall conduct an assess3 ment of the establishment, solicitation, selection, 

4 and justification process with respect to the 

5 funding of projects under this section. 

6 (B) REPORT.—Not later than 3 years after 

7 the date of enactment of this Act, the Comptroller 

8 General of the United States shall submit to the 

9 Committee on Environment and Public Works of 

10 the Senate and the Committee on Transportation 

11 and Infrastructure of the House of Representa12 tives a report that describes— 

13 (i) the process by which each project 

14 was selected; 

15 (ii) the factors that went into the selec16 tion of each project; and 

17 (iii) the justification for the selection of 

18 each project based on the criteria described 

19 in subsection (e). 

20 (3) INSPECTOR GENERAL.— 

21 (A) ASSESSMENT.—The Inspector General 

22 of the Department shall conduct an assessment of 

23 the establishment, solicitation, selection, and jus24 tification process with respect to the funding of 

25 projects under this section. 
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1 (B) INITIAL REPORT.—Not later than 2 

2 years after the date of enactment of this Act, the 

3 Inspector General of the Department shall sub4 mit to the Committee on Environment and Pub5 lic Works of the Senate and the Committee on 

6 Transportation and Infrastructure of the House 

7 of Representatives a report that describes the ini8 tial results of the assessment conducted under 

9 subparagraph (A). 

10 (C) FINAL REPORT.—Not later than 4 years 

11 after the date of enactment of this Act, the In12 spector General of the Department shall submit 

13 to the Committee on Environment and Public 

14 Works of the Senate and the Committee on 

15 Transportation and Infrastructure of the House 

16 of Representatives a final report that describes 

17 the findings of the Inspector General of the De18 partment with respect to the assessment con19 ducted under subparagraph (A). 

20 (l) REGULATIONS.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this Act, the Secretary shall 

23 promulgate final regulations implementing the pro24 gram authorized under this section. 
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1 (2) INTERIM PROVISIONS.—Until the date on 

2 which the Secretary promulgates final regulations 

3 under paragraph (1), any amounts made available 

4 under subsection (i) to carry out this section shall be 

5 distributed in accordance with— 

6 (A) the guidance and policies developed for 

7 the distribution of grants under the program 

8 using the notice of funding availability entitled 

9 ‘‘Notice of Funding Availability for the Depart10 ment of Transportation’s National Infrastructure 

11 Investments Under the Full-Year Continuing Ap12 propriations, 2012; and Request for Comments’’ 

13 (77 Fed. Reg. 4863 (January 31, 2012)); or 

14 (B) such guidance and policies as subse15 quently revised and updated. 

16 SEC. 1119. CONSTRUCTION OF FERRY BOATS AND FERRY 

17 TERMINAL FACILITIES. 

18 (a) CONSTRUCTION OF FERRY BOATS AND FERRY

19 TERMINAL FACILITIES.—Section 147 of title 23, United 

20 States Code, is amended— 

21 (1) by striking subsections (c), (d), and (e); 

22 (2) by redesignating subsection (f) as subsection 

23 (g); and 

24 (3) by inserting after subsection (b) the fol25 lowing: 
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1 ‘‘(c) DISTRIBUTION OF FUNDS.—Of the amounts made 

2 available to ferry systems and public entities responsible for 

3 developing ferries under this section for a fiscal year, 100 

4 percent shall be allocated in accordance with the formula 

5 set forth in subsection (d). 

6 ‘‘(d) FORMULA.—Of the amounts allocated pursuant 

7 to subsection (c)— 

8 ‘‘(1) 20 percent shall be allocated among eligible 

9 entities in the proportion that— 

10 ‘‘(A) the number of ferry passengers carried 

11 by each ferry system in the most recent fiscal 

12 year; bears to 

13 ‘‘(B) the number of ferry passengers carried 

14 by all ferry systems in the most recent fiscal 

15 year; 

16 ‘‘(2) 50 percent shall be allocated among eligible 

17 entities in the proportion that— 

18 ‘‘(A) the number of vehicles carried by each 

19 ferry system in the most recent fiscal year; bears 

20 to 

21 ‘‘(B) the number of vehicles carried by all 

22 ferry systems in the most recent fiscal year; and 

23 ‘‘(3) 30 percent shall be allocated among eligible 

24 entities in the proportion that— 
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1 ‘‘(A) the total route miles serviced by each 

2 ferry system; bears to 

3 ‘‘(B) the total route miles serviced by all 

4 ferry systems. 

5 ‘‘(e) FERRY BOAT COORDINATION TEAM.— 

6 ‘‘(1) ESTABLISHMENT.—The Secretary shall es7 tablish within the Federal Highway Administration a 

8 Ferry Boat Coordination Team to carry out para9 graph (2). 

10 ‘‘(2) PURPOSES.—The purposes of the ferry boat 

11 coordination team shall be— 

12 ‘‘(A) to coordinate Federal programs affect13 ing ferry and ferry facility construction, mainte14 nance, operations, and security; and 

15 ‘‘(B) to promote transportation by ferry as 

16 a component of the United States transportation 

17 system. 

18 ‘‘(3) FUNCTIONS.—The ferry boat coordination 

19 team shall— 

20 ‘‘(A) coordinate programs relating to ferry 

21 transportation carried out by— 

22 ‘‘(i) the Department of Transportation, 

23 including programs carried out by the Fed24 eral Highway Administration, the Federal 

25 Transit Administration, the Maritime Ad-
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1 ministration, and the Research and Innova2 tive Technology Administration; 

3 ‘‘(ii) the Department of Homeland Se4 curity; and 

5 ‘‘(iii) other Federal and State agencies, 

6 as appropriate; 

7 ‘‘(B) ensure resource accountability for pro8 grams carried out by the Secretary relating to 

9 ferry transportation; 

10 ‘‘(C) provide strategic leadership for re11 search, development, testing, and deployment of 

12 technologies relating to ferry transportation; and 

13 ‘‘(D) promote ferry transportation as a 

14 means to reduce costs associated with traffic con15 gestion. 

16 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to carry out this section 

18 $67,000,000 for each of fiscal years 2012 and 2013.’’. 

19 (b) NATIONAL FERRY DATABASE.—Section 1801(e) of 

20 the SAFETEA–LU (23 U.S.C. 129 note; Public Law 109– 

21 59) is amended— 

22 (1) in paragraph (2), by inserting ‘‘, including 

23 any Federal, State, and local government funding 

24 sources,’’ after ‘‘sources’’; and 

25 (2) in paragraph (4)— 
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1 (A) in subparagraph (B), by striking ‘‘and’’ 

2 at the end; 

3 (B) by redesignating subparagraph (C) as 

4 subparagraph (D); 

5 (C) by inserting after subparagraph (B), 

6 the following: 

7 ‘‘(C) ensure that the database is consistent 

8 with the national transit database maintained 

9 by the Federal Transit Administration; and’’; 

10 and 

11 (D) in subparagraph (D) (as redesignated 

12 by subparagraph (B)), by striking ‘‘2009’’ and 

13 inserting ‘‘2013’’. 

14 Subtitle B—Performance 

15 Management 

16 SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

17 Section 134 of title 23, United States Code, is amended 

18 to read as follows: 

19 ‘‘§ 134. Metropolitan transportation planning 

20 ‘‘(a) POLICY.—It is in the national interest— 

21 ‘‘(1) to encourage and promote the safe, cost-ef22 fective, and efficient management, operation, and de23 velopment of surface transportation systems that will 

24 serve efficiently the mobility needs of individuals and 

25 freight, reduce transportation-related fatalities and 
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1 serious injuries, and foster economic growth and de2 velopment within and between States and urbanized 

3 areas, while fitting the needs and complexity of indi4 vidual communities, maximizing value for taxpayers, 

5 leveraging cooperative investments, and minimizing 

6 transportation-related fuel consumption and air pol7 lution through the metropolitan and statewide trans8 portation planning processes identified in this title; 

9 ‘‘(2) to encourage the continued improvement, 

10 evolution, and coordination of the metropolitan and 

11 statewide transportation planning processes by and 

12 among metropolitan planning organizations, State 

13 departments of transportation, regional planning or14 ganizations, interstate partnerships, and public 

15 transportation and intercity service operators as 

16 guided by the planning factors identified in sub17 section (h) of this section and section 135(d); 

18 ‘‘(3) to encourage and promote transportation 

19 needs and decisions that are integrated with other 

20 planning needs and priorities; and 

21 ‘‘(4) to maximize the effectiveness of transpor22 tation investments. 

23 ‘‘(b) DEFINITIONS.—In this section and section 135, 

24 the following definitions shall apply: 
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1 ‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 

2 means a metropolitan planning organization that 

3 was designated as a metropolitan planning organiza4 tion on the day before the date of enactment of the 

5 MAP–21. 

6 ‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 

7 means any elected or appointed official of general 

8 purpose local government with responsibility for 

9 transportation in a designated area. 

10 ‘‘(3) MAINTENANCE AREA.—The term ‘mainte11 nance area’ means an area that was designated as an 

12 air quality nonattainment area, but was later redes13 ignated by the Administrator of the Environmental 

14 Protection Agency as an air quality attainment area, 

15 under section 107(d) of the Clean Air Act (42 U.S.C. 

16 7407(d)). 

17 ‘‘(4) METROPOLITAN PLANNING AREA.—The term 

18 ‘metropolitan planning area’ means a geographical 

19 area determined by agreement between the metropoli20 tan planning organization for the area and the appli21 cable Governor under subsection (c). 

22 ‘‘(5) METROPOLITAN PLANNING ORGANIZA23 TION.—The term ‘metropolitan planning organiza24 tion’ means the policy board of an organization estab25 lished pursuant to subsection (c). 
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1 ‘‘(6) METROPOLITAN TRANSPORTATION PLAN.— 

2 The term ‘metropolitan transportation plan’ means a 

3 plan developed by a metropolitan planning organiza4 tion under subsection (i). 

5 ‘‘(7) NONATTAINMENT AREA.—The term ‘non6 attainment area’ has the meaning given the term in 

7 section 171 of the Clean Air Act (42 U.S.C. 7501). 

8 ‘‘(8) NONMETROPOLITAN AREA.— 

9 ‘‘(A) IN GENERAL.—The term ‘nonmetro10 politan area’ means a geographical area outside 

11 the boundaries of a designated metropolitan 

12 planning area. 

13 ‘‘(B) INCLUSIONS.—The term ‘nonmetro14 politan area’ includes— 

15 ‘‘(i) a small urbanized area with a 

16 population of more than 50,000, but fewer 

17 than 200,000, individuals, as calculated ac18 cording to the most recent decennial census; 

19 and 

20 ‘‘(ii) a nonurbanized area. 

21 ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA22 TION.—The term ‘nonmetropolitan planning organi23 zation’ means an organization that— 
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1 ‘‘(A) was designated as a metropolitan 

2 planning organization as of the day before the 

3 date of enactment of the MAP–21; and 

4 ‘‘(B) is not designated as a tier I MPO or 

5 tier II MPO. 

6 ‘‘(10) REGIONALLY SIGNIFICANT.—The term ‘re7 gionally significant’, with respect to a transportation 

8 project, program, service, or strategy, means a project, 

9 program, service, or strategy that— 

10 ‘‘(A) serves regional transportation needs 

11 (such as access to and from the area outside of 

12 the region, major activity centers in the region, 

13 and major planned developments); and 

14 ‘‘(B) would normally be included in the 

15 modeling of a transportation network of a metro16 politan area. 

17 ‘‘(11) RURAL PLANNING ORGANIZATION.—The 

18 term ‘rural planning organization’ means an organi19 zation that— 

20 ‘‘(A) is responsible for the planning, coordi21 nation, and implementation of statewide trans22 portation plans and programs outside of a met23 ropolitan area, with an emphasis on addressing 

24 the needs of rural areas of the State; and 
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1 ‘‘(B) is not designated as a tier I or tier II 

2 metropolitan planning organization or a non3 metropolitan planning organization. 

4 ‘‘(12) STATEWIDE TRANSPORTATION IMPROVE5 MENT PROGRAM.—The term ‘statewide transportation 

6 improvement program’ means a statewide transpor7 tation improvement program developed by a State 

8 under section 135(g). 

9 ‘‘(13) STATEWIDE TRANSPORTATION PLAN.—The 

10 term ‘statewide transportation plan’ means a plan 

11 developed by a State under section 135(f). 

12 ‘‘(14) TIER I MPO.—The term ‘tier I MPO’ 

13 means a metropolitan planning organization des14 ignated as a tier I MPO under subsection (e)(4)(A). 

15 ‘‘(15) TIER II MPO.—The term ‘tier II MPO’ 

16 means a metropolitan planning organization des17 ignated as a tier I MPO under subsection (e)(4)(B). 

18 ‘‘(16) TRANSPORTATION IMPROVEMENT PRO19 GRAM.—The term ‘transportation improvement pro20 gram’ means a program developed by a metropolitan 

21 planning organization under subsection (j). 

22 ‘‘(17) URBANIZED AREA.—The term ‘urbanized 

23 area’ means a geographical area with a population of 

24 50,000 or more individuals, as calculated according 

25 to the most recent decennial census. 
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1 ‘‘(c) DESIGNATION OF METROPOLITAN PLANNING OR2 GANIZATIONS.— 

3 ‘‘(1) IN GENERAL.—To carry out the metropoli4 tan transportation planning process under this sec5 tion, a metropolitan planning organization shall be 

6 designated for each urbanized area with a population 

7 of 200,000 or more individuals, as calculated accord8 ing to the most recent decennial census— 

9 ‘‘(A) by agreement between the applicable 

10 Governor and local officials that, in the aggre11 gate, represent at least 75 percent of the affected 

12 population (including the largest incorporated 

13 city (based on population), as calculated accord14 ing to the most recent decennial census); or 

15 ‘‘(B) in accordance with procedures estab16 lished by applicable State or local law. 

17 ‘‘(2) SMALL URBANIZED AREAS.—To carry out 

18 the metropolitan transportation planning process 

19 under this section, a metropolitan planning organiza20 tion may be designated for any urbanized area with 

21 a population of 50,000 or more individuals, but fewer 

22 than 200,000 individuals, as calculated according to 

23 the most recent decennial census— 

24 ‘‘(A) by agreement between the applicable 

25 Governor and local officials that, in the aggre-
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1 gate, represent at least 75 percent of the affected 

2 population (including the largest incorporated 

3 city (based on population), as calculated accord4 ing to the most recent decennial census); and 

5 ‘‘(B) with the consent of the Secretary, 

6 based on a finding that the resulting metropoli7 tan planning organization has met the min8 imum requirements under subsection (e)(4)(B). 

9 ‘‘(3) STRUCTURE.—Not later than 1 year after 

10 the date of enactment of the MAP–21, a metropolitan 

11 planning organization shall consist of— 

12 ‘‘(A) elected local officials in the relevant 

13 metropolitan area; 

14 ‘‘(B) officials of public agencies that admin15 ister or operate major modes of transportation in 

16 the relevant metropolitan area, including pro17 viders of public transportation; and 

18 ‘‘(C) appropriate State officials. 

19 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

20 subsection interferes with any authority under any 

21 State law in effect on December 18, 1991, of a public 

22 agency with multimodal transportation responsibil23 ities— 

24 ‘‘(A) to develop the metropolitan transpor25 tation plans and transportation improvement 
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1 programs for adoption by a metropolitan plan2 ning organization; or 

3 ‘‘(B) to develop capital plans, coordinate 

4 public transportation services and projects, or 

5 carry out other activities pursuant to State law. 

6 ‘‘(5) CONTINUING DESIGNATION.— 

7 ‘‘(A) POPULATION OF 200,000 OR MORE.—A 

8 designation of an existing MPO for an urbanized 

9 area with a population of 200,000 or more indi10 viduals, as calculated according to the most re11 cent decennial census, shall remain in effect— 

12 ‘‘(i) for the period during which the 

13 structure of the existing MPO complies with 

14 the requirements of paragraph (1); or 

15 ‘‘(ii) until the date on which the exist16 ing MPO is redesignated under paragraph 

17 (6); and 

18 ‘‘(B) POPULATION OF FEWER THAN

19 200,000.— 

20 ‘‘(i) IN GENERAL.—A designation of an 

21 existing MPO for an urbanized area with a 

22 population of fewer than 200,000 individ23 uals, as calculated according to the most re24 cent decennial census, shall remain in effect 
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1 until the date on which the existing MPO is 

2 redesignated under paragraph (6) unless— 

3 ‘‘(I) the existing MPO requests 

4 that its planning responsibilities be 

5 transferred to the State or to another 

6 planning organization designated by 

7 the State; or 

8 ‘‘(II) the Secretary determines 3 

9 years after the date on which the Sec10 retary issues a rule pursuant to sub11 section (e)(4)(B)(i), that the existing 

12 MPO is not meeting the minimum re13 quirements established by the rule. 

14 ‘‘(ii) JUSTIFICATION.—The Secretary 

15 shall, in a timely manner, provide a sub16 stantive written justification to each metro17 politan planning organization that is the 

18 subject of a negative determination of the 

19 Secretary under clause (i)(II). 

20 ‘‘(C) EXTENSION.—If a metropolitan plan21 ning organization for an urbanized area with a 

22 population of less than 200,000 that would other23 wise be terminated under subparagraph (B), re24 quests a probationary continuation before the 
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1 termination of the metropolitan planning orga2 nization, the Secretary shall— 

3 ‘‘(i) delay the termination of the met4 ropolitan planning organization under sub5 paragraph (B) for a period of 1 year; 

6 ‘‘(ii) provide additional technical as7 sistance to all metropolitan planning orga8 nizations provided an extension under this 

9 paragraph to assist the metropolitan plan10 ning organization in meeting the minimum 

11 requirements under subsection (e)(4)(B)(i); 

12 and 

13 ‘‘(iii) make a determination not later 

14 than 1 year after the date on which the Sec15 retary issues an extension, regardless of 

16 whether the metropolitan planning organi17 zation has met the minimum requirements 

18 established under subsection (e)(4)(B)(ii). 

19 ‘‘(D) DESIGNATION AS TIER II MPO.—If the 

20 Secretary determines that the existing MPO has 

21 met the minimum requirements under the rule 

22 issued under subsection (e)(4)(B)(i), the Sec23 retary shall designate the existing MPO as a tier 

24 II MPO. 

25 ‘‘(6) REDESIGNATION.— 
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1 ‘‘(A) IN GENERAL.—The designation of a 

2 metropolitan planning organization under this 

3 subsection shall remain in effect until the date 

4 on which the metropolitan planning organiza5 tion is redesignated, as appropriate, in accord6 ance with the requirements of this subsection 

7 pursuant to an agreement between— 

8 ‘‘(i) the applicable Governor; and 

9 ‘‘(ii) affected local officials who, in the 

10 aggregate, represent at least 75 percent of 

11 the existing metropolitan planning area 

12 population (including the largest incor13 porated city (based on population), as cal14 culated according to the most recent decen15 nial census). 

16 ‘‘(B) RESTRUCTURING.—A metropolitan 

17 planning organization may be restructured to 

18 meet the requirements of paragraph (3) without 

19 undertaking a redesignation. 

20 ‘‘(7) ABSENCE OF DESIGNATION.— 

21 ‘‘(A) IN GENERAL.—A metropolitan plan22 ning organization that is the subject of a nega23 tive determination of the Secretary under para24 graph (5)(B)(ii) shall submit to the State in 

25 which the metropolitan planning organization is 
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1 located, or to a planning organization designated 

2 by the State, by not later than 180 days after the 

3 date on which a notice of the negative deter4 mination is received, a 6-month plan that in5 cludes a description of a method— 

6 ‘‘(i) to transfer the responsibilities of 

7 the metropolitan planning organization to 

8 the State; and 

9 ‘‘(ii) to dissolve the metropolitan plan10 ning organization. 

11 ‘‘(B) ACTION ON DISSOLUTION.—On sub12 mission of a plan under subparagraph (A), the 

13 metropolitan planning area served by the appli14 cable metropolitan planning organization 

15 shall— 

16 ‘‘(i) continue to receive metropolitan 

17 transportation planning funds until the 

18 earlier of— 

19 ‘‘(I) the date of dissolution of the 

20 metropolitan planning organization; 

21 and 

22 ‘‘(II) the date that is 4 years after 

23 the date of enactment of the MAP–21; 

24 and 
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1 ‘‘(ii) be treated by the State as a non2 metropolitan area for purposes of this title. 

3 ‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 

4 ‘‘(A) IN GENERAL.—More than 1 metropoli5 tan planning organization may be designated 

6 within an existing metropolitan planning area 

7 only if the applicable Governor and an existing 

8 MPO determine that the size and complexity of 

9 the existing metropolitan planning area make 

10 the designation of more than 1 metropolitan 

11 planning organization for the metropolitan plan12 ning area appropriate. 

13 ‘‘(B) SERVICE JURISDICTIONS.—If more 

14 than 1 metropolitan planning organization is 

15 designated for an existing metropolitan planning 

16 area under subparagraph (A), the existing met17 ropolitan planning area shall be split into mul18 tiple metropolitan planning areas, each of which 

19 shall be served by the existing MPO or a new 

20 metropolitan planning organization. 

21 ‘‘(C) TIER DESIGNATION.—The tier designa22 tion of each metropolitan planning organization 

23 subject to a designation under this paragraph 

24 shall be determined based on the size of each re-
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1 spective metropolitan planning area, in accord2 ance with subsection (e)(4). 

3 ‘‘(d) METROPOLITAN PLANNING AREA BOUNDARIES.— 

4 ‘‘(1) IN GENERAL.—For purposes of this section, 

5 the boundaries of a metropolitan planning area shall 

6 be determined by agreement between the applicable 

7 metropolitan planning organization and the Governor 

8 of the State in which the metropolitan planning area 

9 is located. 

10 ‘‘(2) INCLUDED AREA.—Each metropolitan plan11 ning area— 

12 ‘‘(A) shall encompass at least the relevant 

13 existing urbanized area and any contiguous area 

14 expected to become urbanized within a 20-year 

15 forecast period under the applicable metropolitan 

16 transportation plan; and 

17 ‘‘(B) may encompass the entire relevant 

18 metropolitan statistical area, as defined by the 

19 Office of Management and Budget. 

20 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

21 AREAS.—The designation by the Bureau of the Census 

22 of a new urbanized area within the boundaries of an 

23 existing metropolitan planning area shall not require 

24 the redesignation of the relevant existing MPO. 
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1 ‘‘(4) NONATTAINMENT AND MAINTENANCE

2 AREAS.— 

3 ‘‘(A) EXISTING METROPOLITAN PLANNING

4 AREAS.— 

5 ‘‘(i) IN GENERAL.—Except as provided 

6 in clause (ii), notwithstanding paragraph 

7 (2), in the case of an urbanized area des8 ignated as a nonattainment area or mainte9 nance area as of the date of enactment of 

10 the MAP–21, the boundaries of the existing 

11 metropolitan planning area as of that date 

12 of enactment shall remain in force and ef13 fect. 

14 ‘‘(ii) EXCEPTION.—Notwithstanding 

15 clause (i), the boundaries of an existing 

16 metropolitan planning area described in 

17 that clause may be adjusted by agreement of 

18 the applicable Governor and the affected 

19 metropolitan planning organizations in ac20 cordance with paragraph (1). 

21 ‘‘(B) NEW METROPOLITAN PLANNING

22 AREAS.—In the case of an urbanized area des23 ignated as a nonattainment area or maintenance 

24 area after the date of enactment of the MAP–21, 
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1 the boundaries of the applicable metropolitan 

2 planning area— 

3 ‘‘(i) shall be established in accordance 

4 with subsection (c)(1); 

5 ‘‘(ii) shall encompass the areas de6 scribed in paragraph (2)(A); 

7 ‘‘(iii) may encompass the areas de8 scribed in paragraph (2)(B); and 

9 ‘‘(iv) may address any appropriate 

10 nonattainment area or maintenance area. 

11 ‘‘(e) REQUIREMENTS.— 

12 ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To 

13 accomplish the policy objectives described in sub14 section (a), each metropolitan planning organization, 

15 in cooperation with the applicable State and public 

16 transportation operators, shall develop metropolitan 

17 transportation plans and transportation improvement 

18 programs for metropolitan planning areas of the 

19 State through a performance-driven, outcome-based 

20 approach to metropolitan transportation planning 

21 consistent with subsection (h). 

22 ‘‘(2) CONTENTS.—The metropolitan transpor23 tation plans and transportation improvement pro24 grams for each metropolitan area shall provide for the 

25 development and integrated management and oper-
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1 ation of transportation systems and facilities (includ2 ing accessible pedestrian walkways, bicycle transpor3 tation facilities, and intermodal facilities that sup4 port intercity transportation) that will function as— 

5 ‘‘(A) an intermodal transportation system 

6 for the metropolitan planning area; and 

7 ‘‘(B) an integral part of an intermodal 

8 transportation system for the applicable State 

9 and the United States. 

10 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

11 for developing metropolitan transportation plans and 

12 transportation improvement programs shall— 

13 ‘‘(A) provide for consideration of all modes 

14 of transportation; and 

15 ‘‘(B) be continuing, cooperative, and com16 prehensive to the degree appropriate, based on 

17 the complexity of the transportation needs to be 

18 addressed. 

19 ‘‘(4) TIERING.— 

20 ‘‘(A) TIER I MPOS.— 

21 ‘‘(i) IN GENERAL.—A metropolitan 

22 planning organization shall be designated 

23 as a tier I MPO if— 

24 ‘‘(I) as certified by the Governor 

25 of each applicable State, the metropoli-
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1 tan planning organization operates 

2 within, and primarily serves, a metro3 politan planning area with a popu4 lation of 1,000,000 or more individ5 uals, as calculated according to the 

6 most recent decennial census; and 

7 ‘‘(II) the Secretary determines the 

8 metropolitan planning organization— 

9 ‘‘(aa) meets the minimum 

10 technical requirements under 

11 clause (iv); and 

12 ‘‘(bb) not later than 2 years 

13 after the date of enactment of the 

14 MAP–21, will fully implement the 

15 processes described in subsections 

16 (h) though (j). 

17 ‘‘(ii) ABSENCE OF DESIGNATION.—In 

18 the absence of designation as a tier I MPO 

19 under clause (i), a metropolitan planning 

20 organization shall operate as a tier II MPO 

21 until the date on which the Secretary deter22 mines the metropolitan planning organiza23 tion can meet the minimum technical re24 quirements under clause (iv). 
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1 ‘‘(iii) REDESIGNATION AS TIER I.—A 

2 metropolitan planning organization oper3 ating within a metropolitan planning area 

4 with a population of 200,000 or more and 

5 fewer than 1,000,000 individuals and pri6 marily within urbanized areas with popu7 lations of 200,000 or more individuals, as 

8 calculated according to the most recent de9 cennial census, that is designated as a tier 

10 II MPO under subparagraph (B) may re11 quest, with the support of the applicable 

12 Governor, a redesignation as a tier I MPO 

13 on a determination by the Secretary that 

14 the metropolitan planning organization has 

15 met the minimum technical requirements 

16 under clause (iv). 

17 ‘‘(iv) MINIMUM TECHNICAL REQUIRE18 MENTS.—Not later than 1 year after the 

19 date of enactment of the MAP–21, the Sec20 retary shall issue a rule that establishes the 

21 minimum technical requirements necessary 

22 for a metropolitan planning organization to 

23 be designated as a tier I MPO, including, at 

24 a minimum, modeling, data, staffing, and 

25 other technical requirements. 
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1 ‘‘(B) TIER II MPOS.— 

2 ‘‘(i) IN GENERAL.—Not later than 1 

3 year after the date of enactment of the 

4 MAP–21, the Secretary shall issue a rule 

5 that establishes minimum requirements nec6 essary for a metropolitan planning organi7 zation to be designated as a tier II MPO. 

8 ‘‘(ii) REQUIREMENTS.—The minimum 

9 requirements established under clause (i) 

10 shall— 

11 ‘‘(I) be limited to ensuring that 

12 each metropolitan planning organiza13 tion has the capabilities necessary to 

14 develop the metropolitan transpor15 tation plan and transportation im16 provement program under this section; 

17 and 

18 ‘‘(II) include— 

19 ‘‘(aa) only the staffing capa20 bilities necessary to operate the 

21 metropolitan planning organiza22 tion; and 

23 ‘‘(bb) a requirement that the 

24 metropolitan planning organiza25 tion has the technical capacity to 
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1 conduct the travel demand model 

2 and forecasting necessary, as ap3 propriate based on the size and 

4 resources of the metropolitan 

5 planning organization, to fulfill 

6 the requirements of this section, 

7 except that in cases in which a 

8 metropolitan planning organiza9 tion has a formal agreement with 

10 a State to conduct the modeling 

11 on behalf of the metropolitan 

12 planning organization, the metro13 politan planning organization 

14 shall be exempt from the technical 

15 capacity requirement. 

16 ‘‘(iii) LIMITATION.—The rule issued 

17 pursuant to this subparagraph shall only 

18 include the minimum requirements estab19 lished under clause (ii). 

20 ‘‘(iv) INCLUSION.—A metropolitan 

21 planning organization operating primarily 

22 within an urbanized area with a popu23 lation of 200,000 or more individuals, as 

24 calculated according to the most recent de25 cennial census, and that does not qualify as 
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1 a tier I MPO under subparagraph (A)(i), 

2 shall— 

3 ‘‘(I) be designated as a tier II 

4 MPO; and 

5 ‘‘(II) follow the processes under 

6 subsection (k). 

7 ‘‘(C) CONSOLIDATION.— 

8 ‘‘(i) IN GENERAL.—Metropolitan plan9 ning organizations operating within contig10 uous, adjacent, or geographically linked ur11 banized areas may elect to consolidate in 

12 order to meet the population thresholds re13 quired to achieve designation as a tier I or 

14 tier II MPO under this paragraph. 

15 ‘‘(ii) EFFECT OF SUBSECTION.—Noth16 ing in this subsection requires or prevents 

17 consolidation among multiple metropolitan 

18 planning organizations located within a 

19 single urbanized area. 

20 ‘‘(f) COORDINATION IN MULTISTATE AREAS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall encour22 age each Governor with responsibility for a portion of 

23 a multistate metropolitan area and the appropriate 

24 metropolitan planning organizations to provide co-
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1 ordinated transportation planning for the entire met2 ropolitan area. 

3 ‘‘(2) COORDINATION ALONG DESIGNATED TRANS4 PORTATION CORRIDORS.—The Secretary shall encour5 age each Governor with responsibility for a portion of 

6 a multistate metropolitan area and the appropriate 

7 metropolitan planning organizations to provide co8 ordinated transportation planning for the entire des9 ignated transportation corridor. 

10 ‘‘(3) COORDINATION WITH INTERSTATE COM11 PACTS.—The Secretary shall encourage metropolitan 

12 planning organizations to take into consideration, 

13 during the development of metropolitan transpor14 tation plans and transportation improvement pro15 grams, any relevant transportation studies concerning 

16 planning for regional transportation (including high17 speed and intercity rail corridor studies, commuter 

18 rail corridor studies, intermodal terminals, and inter19 state highways) in support of freight, intercity, or 

20 multistate area projects and services that have been 

21 developed pursuant to interstate compacts or agree22 ments, or by organizations established under section 

23 135. 

24 ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANSPOR25 TATION PLAN AND TIP DEVELOPMENT.— 
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1 ‘‘(1) NONATTAINMENT AND MAINTENANCE

2 AREAS.—If more than 1 metropolitan planning orga3 nization has authority within a metropolitan area, 

4 nonattainment area, or maintenance area, each met5 ropolitan planning organization shall consult with all 

6 other metropolitan planning organizations designated 

7 for the metropolitan area, nonattainment area, or 

8 maintenance area and the State in the development 

9 of metropolitan transportation plans and transpor10 tation improvement programs under this section. 

11 ‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED

12 IN MULTIPLE METROPOLITAN PLANNING AREAS.—If a 

13 transportation improvement project funded under this 

14 title or chapter 53 of title 49 is located within the 

15 boundaries of more than 1 metropolitan planning 

16 area, the affected metropolitan planning organiza17 tions shall coordinate metropolitan transportation 

18 plans and transportation improvement programs re19 garding the project. 

20 ‘‘(3) COORDINATION OF ADJACENT PLANNING OR21 GANIZATIONS.— 

22 ‘‘(A) IN GENERAL.—A metropolitan plan23 ning organization that is adjacent or located in 

24 reasonably close proximity to another metropoli25 tan planning organization shall coordinate with 
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1 that metropolitan planning organization with 

2 respect to planning processes, including prepara3 tion of metropolitan transportation plans and 

4 transportation improvement programs, to the 

5 maximum extent practicable. 

6 ‘‘(B) NONMETROPOLITAN PLANNING ORGANI7 ZATIONS.—A metropolitan planning organiza8 tion that is adjacent or located in reasonably 

9 close proximity to a nonmetropolitan planning 

10 organization shall consult with that nonmetro11 politan planning organization with respect to 

12 planning processes, to the maximum extent prac13 ticable. 

14 ‘‘(4) RELATIONSHIP WITH OTHER PLANNING OF15 FICIALS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall en17 courage each metropolitan planning organiza18 tion to cooperate with Federal, tribal, State, and 

19 local officers and entities responsible for other 

20 types of planning activities that are affected by 

21 transportation in the relevant area (including 

22 planned growth, economic development, infra23 structure services, housing, other public services, 

24 nonmotorized users, environmental protection, 

25 airport operations, high-speed and intercity pas-
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1 senger rail, freight rail, port access, and freight 

2 movements), to the maximum extent practicable, 

3 to ensure that the metropolitan transportation 

4 planning process, metropolitan transportation 

5 plans, and transportation improvement pro6 grams are developed in cooperation with other 

7 related planning activities in the area. 

8 ‘‘(B) INCLUSION.—Cooperation under sub9 paragraph (A) shall include the design and de10 livery of transportation services within the met11 ropolitan area that are provided by— 

12 ‘‘(i) recipients of assistance under sec13 tions 202, 203, and 204; 

14 ‘‘(ii) recipients of assistance under 

15 chapter 53 of title 49; 

16 ‘‘(iii) government agencies and non17 profit organizations (including representa18 tives of the agencies and organizations) that 

19 receive Federal assistance from a source 

20 other than the Department of Transpor21 tation to provide nonemergency transpor22 tation services; and 

23 ‘‘(iv) sponsors of regionally significant 

24 programs, projects, and services that are re-
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1 lated to transportation and receive assist2 ance from any public or private source. 

3 ‘‘(5) COORDINATION OF OTHER FEDERALLY RE4 QUIRED PLANNING PROGRAMS.—The Secretary shall 

5 encourage each metropolitan planning organization to 

6 coordinate, to the maximum extent practicable, the 

7 development of metropolitan transportation plans and 

8 transportation improvement programs with other rel9 evant federally required planning programs. 

10 ‘‘(h) SCOPE OF PLANNING PROCESS.— 

11 ‘‘(1) IN GENERAL.—The metropolitan transpor12 tation planning process for a metropolitan planning 

13 area under this section shall provide for consideration 

14 of projects and strategies that will— 

15 ‘‘(A) support the economic vitality of the 

16 metropolitan area, especially by enabling global 

17 competitiveness, travel and tourism (where ap18 plicable), productivity, and efficiency; 

19 ‘‘(B) increase the safety of the transpor20 tation system for motorized and nonmotorized 

21 users; 

22 ‘‘(C) increase the security of the transpor23 tation system for motorized and nonmotorized 

24 users; 
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1 ‘‘(D) increase the accessibility and mobility 

2 of individuals and freight; 

3 ‘‘(E) protect and enhance the environment, 

4 promote energy conservation, improve the qual5 ity of life, and promote consistency between 

6 transportation improvements and State and 

7 local planned growth and economic development 

8 patterns; 

9 ‘‘(F) enhance the integration and 

10 connectivity of the transportation system, across 

11 and between modes, for individuals and freight; 

12 ‘‘(G) increase efficient system management 

13 and operation; and 

14 ‘‘(H) emphasize the preservation of the ex15 isting transportation system. 

16 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

17 ‘‘(A) IN GENERAL.—The metropolitan 

18 transportation planning process shall provide for 

19 the establishment and use of a performance-based 

20 approach to transportation decisionmaking to 

21 support the national goals described in section 

22 150(b) of this title and in section 5301(c) of title 

23 49. 

24 ‘‘(B) PERFORMANCE TARGETS.— 
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1 ‘‘(i) SURFACE TRANSPORTATION PER2 FORMANCE TARGETS.— 

3 ‘‘(I) IN GENERAL.—Each metro4 politan planning organization shall es5 tablish performance targets that ad6 dress the performance measures de7 scribed in sections 119(f), 148(h), 

8 149(k), where applicable, and 167(i) to 

9 use in tracking attainment of critical 

10 outcomes for the region of the metro11 politan planning organization. 

12 ‘‘(II) COORDINATION.—Selection 

13 of performance targets by a metropoli14 tan planning organization shall be co15 ordinated with the relevant State to 

16 ensure consistency, to the maximum 

17 extent practicable. 

18 ‘‘(ii) PUBLIC TRANSPORTATION PER19 FORMANCE TARGETS.—Each metropolitan 

20 planning organization shall adopt the per21 formance targets identified by providers of 

22 public transportation pursuant to sections 

23 5326(c) and 5329(d) of title 49, for use in 

24 tracking attainment of critical outcomes for 
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1 the region of the metropolitan planning or2 ganization. 

3 ‘‘(C) TIMING.—Each metropolitan planning 

4 organization shall establish the performance tar5 gets under subparagraph (B) not later than 90 

6 days after the date on which the relevant State 

7 or provider of public transportation establishes 

8 the performance targets. 

9 ‘‘(D) INTEGRATION OF OTHER PERFORM10 ANCE-BASED PLANS.—A metropolitan planning 

11 organization shall integrate in the metropolitan 

12 transportation planning process, directly or by 

13 reference, the goals, objectives, performance meas14 ures, and targets described in other State plans 

15 and processes, as well as asset management and 

16 safety plans developed by providers of public 

17 transportation, required as part of a perform18 ance-based program, including plans such as— 

19 ‘‘(i) the State National Highway Sys20 tem asset management plan; 

21 ‘‘(ii) asset management plans devel22 oped by providers of public transportation; 

23 ‘‘(iii) the State strategic highway safe24 ty plan; 
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1 ‘‘(iv) safety plans developed by pro2 viders of public transportation; 

3 ‘‘(v) the congestion mitigation and air 

4 quality performance plan, where applicable; 

5 ‘‘(vi) the national freight strategic 

6 plan; and 

7 ‘‘(vii) the statewide transportation 

8 plan. 

9 ‘‘(E) USE OF PERFORMANCE MEASURES

10 AND TARGETS.—The performance measures and 

11 targets established under this paragraph shall be 

12 used, at a minimum, by the relevant metropoli13 tan planning organization as the basis for devel14 opment of policies, programs, and investment 

15 priorities reflected in the metropolitan transpor16 tation plan and transportation improvement 

17 program. 

18 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail19 ure to take into consideration 1 or more of the factors 

20 specified in paragraphs (1) and (2) shall not be sub21 ject to review by any court under this title, chapter 

22 53 of title 49, subchapter II of chapter 5 of title 5, 

23 or chapter 7 of title 5 in any matter affecting a met24 ropolitan transportation plan, a transportation im-
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1 provement program, a project or strategy, or the cer2 tification of a planning process. 

3 ‘‘(4) PARTICIPATION BY INTERESTED PARTIES.— 

4 ‘‘(A) IN GENERAL.—Each metropolitan 

5 planning organization shall provide to affected 

6 individuals, public agencies, and other interested 

7 parties (including State representatives of non8 motorized users) notice and a reasonable oppor9 tunity to comment on the metropolitan transpor10 tation plan and transportation improvement 

11 program and any relevant scenarios. 

12 ‘‘(B) CONTENTS OF PARTICIPATION PLAN.— 

13 Each metropolitan planning organization shall 

14 establish a participation plan that— 

15 ‘‘(i) is developed in consultation with 

16 interested parties and local officials; and 

17 ‘‘(ii) provides that interested parties 

18 and local officials shall have reasonable op19 portunities to comment on the contents of 

20 the metropolitan transportation plan of the 

21 metropolitan planning organization. 

22 ‘‘(C) METHODS.—In carrying out subpara23 graph (A), the metropolitan planning organiza24 tion shall, to the maximum extent practicable— 
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1 ‘‘(i) develop the metropolitan transpor2 tation plan and transportation improve3 ment program in consultation with inter4 ested parties, as appropriate, including by 

5 the formation of advisory groups represent6 ative of the community and interested par7 ties (including State representatives of non8 motorized users) that participate in the de9 velopment of the metropolitan transpor10 tation plan and transportation improve11 ment program; 

12 ‘‘(ii) hold any public meetings at times 

13 and locations that are, as applicable— 

14 ‘‘(I) convenient; and 

15 ‘‘(II) in compliance with the 

16 Americans with Disabilities Act of 

17 1990 (42 U.S.C. 12101 et seq.); 

18 ‘‘(iii) employ visualization techniques 

19 to describe metropolitan transportation 

20 plans and transportation improvement pro21 grams; and 

22 ‘‘(iv) make public information avail23 able in appropriate electronically accessible 

24 formats and means, such as the Internet, to 

25 afford reasonable opportunity for consider-
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1 ation of public information under subpara2 graph (A). 

3 ‘‘(i) DEVELOPMENT OF METROPOLITAN TRANSPOR4 TATION PLAN.— 

5 ‘‘(1) DEVELOPMENT.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), not later than 5 years after 

8 the date of enactment of the MAP–21, and not 

9 less frequently than once every 5 years thereafter, 

10 each metropolitan planning organization shall 

11 prepare and update, respectively, a metropolitan 

12 transportation plan for the relevant metropolitan 

13 planning area in accordance with this section. 

14 ‘‘(B) EXCEPTIONS.—A metropolitan plan15 ning organization shall prepare or update, as 

16 appropriate, the metropolitan transportation 

17 plan not less frequently than once every 4 years 

18 if the metropolitan planning organization is op19 erating within— 

20 ‘‘(i) a nonattainment area; or 

21 ‘‘(ii) a maintenance area. 

22 ‘‘(2) OTHER REQUIREMENTS.—A metropolitan 

23 transportation plan under this section shall— 

24 ‘‘(A) be in a form that the Secretary deter25 mines to be appropriate; 
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1 ‘‘(B) have a term of not less than 20 years; 

2 and 

3 ‘‘(C) contain, at a minimum— 

4 ‘‘(i) an identification of the existing 

5 transportation infrastructure, including 

6 highways, local streets and roads, bicycle 

7 and pedestrian facilities, public transpor8 tation facilities and services, commuter rail 

9 facilities and services, high-speed and inter10 city passenger rail facilities and services, 

11 freight facilities (including freight railroad 

12 and port facilities), multimodal and inter13 modal facilities, and intermodal connectors 

14 that, evaluated in the aggregate, function as 

15 an integrated metropolitan transportation 

16 system; 

17 ‘‘(ii) a description of the performance 

18 measures and performance targets used in 

19 assessing the existing and future perform20 ance of the transportation system in accord21 ance with subsection (h)(2); 

22 ‘‘(iii) a description of the current and 

23 projected future usage of the transportation 

24 system, including a projection based on a 

25 preferred scenario, and further including, to 
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1 the extent practicable, an identification of 

2 existing or planned transportation rights-of3 way, corridors, facilities, and related real 

4 properties; 

5 ‘‘(iv) a system performance report eval6 uating the existing and future condition 

7 and performance of the transportation sys8 tem with respect to the performance targets 

9 described in subsection (h)(2) and updates 

10 in subsequent system performance reports, 

11 including— 

12 ‘‘(I) progress achieved by the met13 ropolitan planning organization in 

14 meeting the performance targets in 

15 comparison with system performance 

16 recorded in previous reports; 

17 ‘‘(II) an accounting of the per18 formance of the metropolitan planning 

19 organization on outlay of obligated 

20 project funds and delivery of projects 

21 that have reached substantial comple22 tion in relation to— 

23 ‘‘(aa) the projects included in 

24 the transportation improvement 

25 program; and 
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1 ‘‘(bb) the projects that have 

2 been removed from the previous 

3 transportation improvement pro4 gram; and 

5 ‘‘(III) when appropriate, an anal6 ysis of how the preferred scenario has 

7 improved the conditions and perform8 ance of the transportation system and 

9 how changes in local policies, invest10 ments, and growth have impacted the 

11 costs necessary to achieve the identified 

12 performance targets; 

13 ‘‘(v) recommended strategies and in14 vestments for improving system perform15 ance over the planning horizon, including 

16 transportation systems management and 

17 operations strategies, maintenance strate18 gies, demand management strategies, asset 

19 management strategies, capacity and en20 hancement investments, State and local eco21 nomic development and land use improve22 ments, intelligent transportation systems 

23 deployment, and technology adoption strate24 gies, as determined by the projected support 
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1 of the performance targets described in sub2 section (h)(2); 

3 ‘‘(vi) recommended strategies and in4 vestments to improve and integrate dis5 ability-related access to transportation in6 frastructure, including strategies and in7 vestments based on a preferred scenario, 

8 when appropriate; 

9 ‘‘(vii) investment priorities for using 

10 projected available and proposed revenues 

11 over the short- and long-term stages of the 

12 planning horizon, in accordance with the fi13 nancial plan required under paragraph (4); 

14 ‘‘(viii) a description of interstate com15 pacts entered into in order to promote co16 ordinated transportation planning in 

17 multistate areas, if applicable; 

18 ‘‘(ix) an optional illustrative list of 

19 projects containing investments that— 

20 ‘‘(I) are not included in the met21 ropolitan transportation plan; but 

22 ‘‘(II) would be so included if re23 sources in addition to the resources 

24 identified in the financial plan under 

25 paragraph (4) were available; 
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1 ‘‘(x) a discussion (developed in con2 sultation with Federal, State, and tribal 

3 wildlife, land management, and regulatory 

4 agencies) of types of potential environ5 mental and stormwater mitigation activi6 ties and potential areas to carry out those 

7 activities, including activities that may 

8 have the greatest potential to restore and 

9 maintain the environmental functions af10 fected by the metropolitan transportation 

11 plan; and 

12 ‘‘(xi) recommended strategies and in13 vestments, including those developed by the 

14 State as part of interstate compacts, agree15 ments, or organizations, that support inter16 city transportation. 

17 ‘‘(3) SCENARIO DEVELOPMENT.— 

18 ‘‘(A) IN GENERAL.—When preparing the 

19 metropolitan transportation plan, the metropoli20 tan planning organization may, while fitting the 

21 needs and complexity of its community, develop 

22 multiple scenarios for consideration as a part of 

23 the development of the metropolitan transpor24 tation plan, in accordance with subparagraph 

25 (B). 
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1 ‘‘(B) COMPONENTS OF SCENARIOS.—The 

2 scenarios— 

3 ‘‘(i) shall include potential regional in4 vestment strategies for the planning horizon; 

5 ‘‘(ii) shall include assumed distribu6 tion of population and employment; 

7 ‘‘(iii) may include a scenario that, to 

8 the maximum extent practicable, maintains 

9 baseline conditions for the performance 

10 measures identified in subsection (h)(2); 

11 ‘‘(iv) may include a scenario that im12 proves the baseline conditions for as many 

13 of the performance measures identified in 

14 subsection (h)(2) as possible; 

15 ‘‘(v) shall be revenue constrained based 

16 on the total revenues expected to be avail17 able over the forecast period of the plan; 

18 and 

19 ‘‘(vi) may include estimated costs and 

20 potential revenues available to support each 

21 scenario. 

22 ‘‘(C) METRICS.—In addition to the per23 formance measures identified in subsection 

24 (h)(2), scenarios developed under this paragraph 
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† HR 4348 EAS 

1 may be evaluated using locally-developed metrics 

2 for the following categories: 

3 ‘‘(i) Congestion and mobility, includ4 ing transportation use by mode. 

5 ‘‘(ii) Freight movement. 

6 ‘‘(iii) Safety. 

7 ‘‘(iv) Efficiency and costs to taxpayers. 

8 ‘‘(4) FINANCIAL PLAN.—A financial plan re9 ferred to in paragraph (2)(C)(vii) shall— 

10 ‘‘(A) be prepared by each metropolitan 

11 planning organization to support the metropoli12 tan transportation plan; and 

13 ‘‘(B) contain a description of each of the 

14 following: 

15 ‘‘(i) Projected resource requirements for 

16 implementing projects, strategies, and serv17 ices recommended in the metropolitan 

18 transportation plan, including existing and 

19 projected system operating and mainte20 nance needs, proposed enhancement and ex21 pansions to the system, projected available 

22 revenue from Federal, State, local, and pri23 vate sources, and innovative financing tech24 niques to finance projects and programs. 
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1 ‘‘(ii) The projected difference between 

2 costs and revenues, and strategies for secur3 ing additional new revenue (such as by cap4 ture of some of the economic value created 

5 by any new investment). 

6 ‘‘(iii) Estimates of future funds, to be 

7 developed cooperatively by the metropolitan 

8 planning organization, any public trans9 portation agency, and the State, that are 

10 reasonably expected to be available to sup11 port the investment priorities recommended 

12 in the metropolitan transportation plan. 

13 ‘‘(iv) Each applicable project only if 

14 full funding can reasonably be anticipated 

15 to be available for the project within the 

16 time period contemplated for completion of 

17 the project. 

18 ‘‘(5) COORDINATION WITH CLEAN AIR ACT AGEN19 CIES.—The metropolitan planning organization for 

20 any metropolitan area that is a nonattainment area 

21 or maintenance area shall coordinate the development 

22 of a transportation plan with the process for develop23 ment of the transportation control measures of the 

24 State implementation plan required by the Clean Air 

25 Act (42 U.S.C. 7401 et seq.). 
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1 ‘‘(6) PUBLICATION.—On approval by the rel2 evant metropolitan planning organization, a metro3 politan transportation plan involving Federal par4 ticipation shall be, at such times and in such manner 

5 as the Secretary shall require— 

6 ‘‘(A) published or otherwise made readily 

7 available by the metropolitan planning organiza8 tion for public review, including (to the max9 imum extent practicable) in electronically acces10 sible formats and means, such as the Internet; 

11 and 

12 ‘‘(B) submitted for informational purposes 

13 to the applicable Governor. 

14 ‘‘(7) CONSULTATION.— 

15 ‘‘(A) IN GENERAL.—In each metropolitan 

16 area, the metropolitan planning organization 

17 shall consult, as appropriate, with Federal, trib18 al, State, and local agencies responsible for land 

19 use management, natural resources, environ20 mental protection, conservation, and historic 

21 preservation concerning the development of a 

22 metropolitan transportation plan. 

23 ‘‘(B) ISSUES.—The consultation under sub24 paragraph (A) shall involve, as available, consid25 eration of— 
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1 ‘‘(i) metropolitan transportation plans 

2 with Federal, tribal, State, and local con3 servation plans or maps; and 

4 ‘‘(ii) inventories of natural or historic 

5 resources. 

6 ‘‘(8) SELECTION OF PROJECTS FROM ILLUS7 TRATIVE LIST.—Notwithstanding paragraph (4), a 

8 State or metropolitan planning organization shall not 

9 be required to select any project from the illustrative 

10 list of additional projects included in the metropoli11 tan transportation plan under paragraph (2)(C)(ix). 

12 ‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 

13 ‘‘(1) DEVELOPMENT.— 

14 ‘‘(A) IN GENERAL.—In cooperation with the 

15 applicable State and any affected public trans16 portation operator, the metropolitan planning 

17 organization designated for a metropolitan area 

18 shall develop a transportation improvement pro19 gram for the metropolitan planning area that— 

20 ‘‘(i) contains projects consistent with 

21 the current metropolitan transportation 

22 plan; 

23 ‘‘(ii) reflects the investment priorities 

24 established in the current metropolitan 

25 transportation plan; and 
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1 ‘‘(iii) once implemented, will make sig2 nificant progress toward achieving the per3 formance targets established under sub4 section (h)(2). 

5 ‘‘(B) OPPORTUNITY FOR PARTICIPATION.— 

6 In developing the transportation improvement 

7 program, the metropolitan planning organiza8 tion, in cooperation with the State and any af9 fected public transportation operator, shall pro10 vide an opportunity for participation by inter11 ested parties, in accordance with subsection 

12 (h)(4). 

13 ‘‘(C) UPDATING AND APPROVAL.—The 

14 transportation improvement program shall be— 

15 ‘‘(i) updated not less frequently than 

16 once every 4 years, on a cycle compatible 

17 with the development of the relevant state18 wide transportation improvement program 

19 under section 135; and 

20 ‘‘(ii) approved by the applicable Gov21 ernor. 

22 ‘‘(2) CONTENTS.— 

23 ‘‘(A) PRIORITY LIST.—The transportation 

24 improvement program shall include a priority 

25 list of proposed federally supported projects and 
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1 strategies to be carried out during the 4-year pe2 riod beginning on the date of adoption of the 

3 transportation improvement program, and each 

4 4-year period thereafter, using existing and rea5 sonably available revenues in accordance with 

6 the financial plan under paragraph (3). 

7 ‘‘(B) DESCRIPTIONS.—Each project de8 scribed in the transportation improvement pro9 gram shall include sufficient descriptive material 

10 (such as type of work, termini, length, and other 

11 similar factors) to identify the project or phase 

12 of the project and the effect that the project or 

13 project phase will have in addressing the targets 

14 described in subsection (h)(2). 

15 ‘‘(C) PERFORMANCE TARGET ACHIEVE16 MENT.—The transportation improvement pro17 gram shall include, to the maximum extent prac18 ticable, a description of the anticipated effect of 

19 the transportation improvement program on at20 tainment of the performance targets established 

21 in the metropolitan transportation plan, linking 

22 investment priorities to those performance tar23 gets. 

24 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—In 

25 developing a transportation improvement pro-
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1 gram, an optional illustrative list of projects 

2 may be prepared containing additional invest3 ment priorities that— 

4 ‘‘(i) are not included in the transpor5 tation improvement program; but 

6 ‘‘(ii) would be so included if resources 

7 in addition to the resources identified in the 

8 financial plan under paragraph (3) were 

9 available. 

10 ‘‘(3) FINANCIAL PLAN.—A financial plan re11 ferred to in paragraph (2)(D)(ii) shall— 

12 ‘‘(A) be prepared by each metropolitan 

13 planning organization to support the transpor14 tation improvement program; and 

15 ‘‘(B) contain a description of each of the 

16 following: 

17 ‘‘(i) Projected resource requirements for 

18 implementing projects, strategies, and serv19 ices recommended in the transportation im20 provement program, including existing and 

21 projected system operating and mainte22 nance needs, proposed enhancement and ex23 pansions to the system, projected available 

24 revenue from Federal, State, local, and pri-
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1 vate sources, and innovative financing tech2 niques to finance projects and programs. 

3 ‘‘(ii) The projected difference between 

4 costs and revenues, and strategies for secur5 ing additional new revenue (such as by cap6 ture of some of the economic value created 

7 by any new investment). 

8 ‘‘(iii) Estimates of future funds, to be 

9 developed cooperatively by the metropolitan 

10 planning organization, any public trans11 portation agency, and the State, that are 

12 reasonably expected to be available to sup13 port the investment priorities recommended 

14 in the transportation improvement pro15 gram. 

16 ‘‘(iv) Each applicable project, only if 

17 full funding can reasonably be anticipated 

18 to be available for the project within the 

19 time period contemplated for completion of 

20 the project. 

21 ‘‘(4) INCLUDED PROJECTS.— 

22 ‘‘(A) PROJECTS UNDER THIS TITLE AND

23 CHAPTER 53 OF TITLE 49.—A transportation im24 provement program developed under this sub25 section for a metropolitan area shall include a 
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1 description of the projects within the area that 

2 are proposed for funding under chapter 1 of this 

3 title and chapter 53 of title 49. 

4 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

5 ‘‘(i) REGIONALLY SIGNIFICANT.—Each 

6 regionally significant project proposed for 

7 funding under chapter 2 shall be identified 

8 individually in the transportation improve9 ment program. 

10 ‘‘(ii) NONREGIONALLY SIGNIFICANT.— 

11 A description of each project proposed for 

12 funding under chapter 2 that is not deter13 mined to be regionally significant shall be 

14 contained in 1 line item or identified indi15 vidually in the transportation improvement 

16 program. 

17 ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Before 

18 approving a transportation improvement program, a 

19 metropolitan planning organization, in cooperation 

20 with the State and any affected public transportation 

21 operator, shall provide an opportunity for participa22 tion by interested parties in the development of the 

23 transportation improvement program, in accordance 

24 with subsection (h)(4). 

25 ‘‘(6) SELECTION OF PROJECTS.— 
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1 ‘‘(A) IN GENERAL.—Each tier I MPO and 

2 tier II MPO shall select projects carried out 

3 within the boundaries of the applicable metro4 politan planning area from the transportation 

5 improvement program, in consultation with the 

6 relevant State and on concurrence of the affected 

7 facility owner, for funds apportioned to the State 

8 under section 104(b)(2) and suballocated to the 

9 metropolitan planning area under section 

10 133(d). 

11 ‘‘(B) PROJECTS UNDER CHAPTER 53 OF

12 TITLE 49.—In the case of projects under chapter 

13 53 of title 49, the selection of federally funded 

14 projects in metropolitan areas shall be carried 

15 out, from the approved transportation improve16 ment program, by the designated recipients of 

17 public transportation funding in cooperation 

18 with the metropolitan planning organization. 

19 ‘‘(C) CMAQ PROJECTS.—Each tier I MPO 

20 shall select projects carried out within the bound21 aries of the applicable metropolitan planning 

22 area from the transportation improvement pro23 gram, in consultation with the relevant State 

24 and on concurrence of the affected facility owner, 

25 for funds apportioned to the State under section 
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1 104(b)(4) and suballocated to the metropolitan 

2 planning area under section 149(j). 

3 ‘‘(D) MODIFICATIONS TO PROJECT PRI4 ORITY.—Notwithstanding any other provision of 

5 law, approval by the Secretary shall not be re6 quired to carry out a project included in a 

7 transportation improvement program in place of 

8 another project in the transportation improve9 ment program. 

10 ‘‘(7) PUBLICATION.— 

11 ‘‘(A) IN GENERAL.—A transportation im12 provement program shall be published or other13 wise made readily available by the applicable 

14 metropolitan planning organization for public 

15 review in electronically accessible formats and 

16 means, such as the Internet. 

17 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an18 nual list of projects, including investments in pe19 destrian walkways, bicycle transportation facili20 ties, and intermodal facilities that support inter21 city transportation, for which Federal funds 

22 have been obligated during the preceding fiscal 

23 year shall be published or otherwise made avail24 able by the cooperative effort of the State, public 

25 transportation operator, and metropolitan plan-
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1 ning organization in electronically accessible for2 mats and means, such as the Internet, in a man3 ner that is consistent with the categories identi4 fied in the relevant transportation improvement 

5 program. 

6 ‘‘(k) PLANNING REQUIREMENTS FOR TIER II MPOS.— 

7 ‘‘(1) IN GENERAL.—The Secretary may provide 

8 for the performance-based development of a metropoli9 tan transportation plan and transportation improve10 ment program for the metropolitan planning area of 

11 a tier II MPO, as the Secretary determines to be ap12 propriate, taking into account— 

13 ‘‘(A) the complexity of transportation needs 

14 in the area; and 

15 ‘‘(B) the technical capacity of the metropoli16 tan planning organization. 

17 ‘‘(2) EVALUATION OF PERFORMANCE-BASED

18 PLANNING.—In reviewing a tier II MPO under sub19 section (m), the Secretary shall take into consider20 ation the effectiveness of the tier II MPO in imple21 menting and maintaining a performance-based plan22 ning process that— 

23 ‘‘(A) addresses the performance targets de24 scribed in subsection (h)(2); and 
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1 ‘‘(B) demonstrates progress on the achieve2 ment of those performance targets. 

3 ‘‘(l) CERTIFICATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall— 

5 ‘‘(A) ensure that the metropolitan transpor6 tation planning process of a metropolitan plan7 ning organization is being carried out in accord8 ance with applicable Federal law; and 

9 ‘‘(B) subject to paragraph (2), certify, not 

10 less frequently than once every 4 years, that the 

11 requirements of subparagraph (A) are met with 

12 respect to the metropolitan transportation plan13 ning process. 

14 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.—The 

15 Secretary may make a certification under paragraph 

16 (1)(B) if— 

17 ‘‘(A) the metropolitan transportation plan18 ning process complies with the requirements of 

19 this section and other applicable Federal law; 

20 ‘‘(B) representation on the metropolitan 

21 planning organization board includes officials of 

22 public agencies that administer or operate major 

23 modes of transportation in the relevant metro24 politan area, including providers of public 

25 transportation; and 
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1 ‘‘(C) a transportation improvement pro2 gram for the metropolitan planning area has 

3 been approved by the relevant metropolitan plan4 ning organization and applicable Governor. 

5 ‘‘(3) DELEGATION OF AUTHORITY.—The Sec6 retary may— 

7 ‘‘(A) delegate to the appropriate State fact8 finding authority regarding the certification of a 

9 tier II MPO under this subsection; and 

10 ‘‘(B) make the certification under para11 graph (1) in consultation with the State. 

12 ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 

13 ‘‘(A) WITHHOLDING OF PROJECT FUNDS.— 

14 If a metropolitan transportation planning proc15 ess of a metropolitan planning organization is 

16 not certified under paragraph (1), the Secretary 

17 may withhold up to 20 percent of the funds at18 tributable to the metropolitan planning area of 

19 the metropolitan planning organization for 

20 projects funded under this title and chapter 53 

21 of title 49. 

22 ‘‘(B) RESTORATION OF WITHHELD

23 FUNDS.—Any funds withheld under subpara24 graph (A) shall be restored to the metropolitan 

25 planning area on the date of certification of the 
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1 metropolitan transportation planning process by 

2 the Secretary. 

3 ‘‘(5) PUBLIC INVOLVEMENT.—In making a deter4 mination regarding certification under this sub5 section, the Secretary shall provide for public involve6 ment appropriate to the metropolitan planning area 

7 under review. 

8 ‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES

9 EVALUATION.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall establish 

11 criteria to evaluate the effectiveness of the perform12 ance-based planning processes of metropolitan plan13 ning organizations under this section, taking into 

14 consideration the following: 

15 ‘‘(A) The extent to which the metropolitan 

16 planning organization has achieved, or is cur17 rently making substantial progress toward 

18 achieving, the performance targets specified in 

19 subsection (h)(2), taking into account whether 

20 the metropolitan planning organization devel21 oped meaningful performance targets. 

22 ‘‘(B) The extent to which the metropolitan 

23 planning organization has used proven best 

24 practices that help ensure transportation invest25 ment that is efficient and cost-effective. 
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1 ‘‘(C) The extent to which the metropolitan 

2 planning organization— 

3 ‘‘(i) has developed an investment proc4 ess that relies on public input and aware5 ness to ensure that investments are trans6 parent and accountable; and 

7 ‘‘(ii) provides regular reports allowing 

8 the public to access the information being 

9 collected in a format that allows the public 

10 to meaningfully assess the performance of 

11 the metropolitan planning organization. 

12 ‘‘(2) REPORT.— 

13 ‘‘(A) IN GENERAL.—Not later than 5 years 

14 after the date of enactment of the MAP–21, the 

15 Secretary shall submit to Congress a report eval16 uating— 

17 ‘‘(i) the overall effectiveness of perform18 ance-based planning as a tool for guiding 

19 transportation investments; and 

20 ‘‘(ii) the effectiveness of the perform21 ance-based planning process of each metro22 politan planning organization under this 

23 section. 

24 ‘‘(B) PUBLICATION.—The report under sub25 paragraph (A) shall be published or otherwise 
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1 made available in electronically accessible for2 mats and means, including on the Internet. 

3 ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NON4 ATTAINMENT AREAS.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of this title or chapter 53 of title 49, Fed7 eral funds may not be advanced in any metropolitan 

8 planning area classified as a nonattainment area or 

9 maintenance area for any highway project that will 

10 result in a significant increase in the carrying capac11 ity for single-occupant vehicles, unless the owner or 

12 operator of the project demonstrates that the project 

13 will achieve or make substantial progress toward 

14 achieving the performance targets described in sub15 section (h)(2). 

16 ‘‘(2) APPLICABILITY.—This subsection applies to 

17 any nonattainment area or maintenance area within 

18 the boundaries of a metropolitan planning area, as 

19 determined under subsection (c). 

20 ‘‘(o) EFFECT OF SECTION.—Nothing in this section 

21 provides to any metropolitan planning organization the au22 thority to impose any legal requirement on any transpor23 tation facility, provider, or project not subject to the re24 quirements of this title or chapter 53 of title 49. 
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1 ‘‘(p) FUNDING.—Funds apportioned under section 

2 104(b)(6) of this title and set aside under section 5305(g) 

3 of title 49 shall be available to carry out this section. 

4 ‘‘(q) CONTINUATION OF CURRENT REVIEW PRAC5 TICE.— 

6 ‘‘(1) IN GENERAL.—In consideration of the fac7 tors described in paragraph (2), any decision by the 

8 Secretary concerning a metropolitan transportation 

9 plan or transportation improvement program shall 

10 not be considered to be a Federal action subject to re11 view under the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.). 

13 ‘‘(2) DESCRIPTION OF FACTORS.—The factors re14 ferred to in paragraph (1) are that— 

15 ‘‘(A) metropolitan transportation plans and 

16 transportation improvement programs are sub17 ject to a reasonable opportunity for public com18 ment; 

19 ‘‘(B) the projects included in metropolitan 

20 transportation plans and transportation im21 provement programs are subject to review under 

22 the National Environmental Policy Act of 1969 

23 (42 U.S.C. 4321 et seq.); and 

24 ‘‘(C) decisions by the Secretary concerning 

25 metropolitan transportation plans and transpor-
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1 tation improvement programs have not been re2 viewed under the National Environmental Policy 

3 Act of 1969 (42 U.S.C. 4321 et seq.) as of Janu4 ary 1, 1997. 

5 ‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The Sec6 retary shall issue guidance on a schedule for implementa7 tion of the changes made by this section, taking into consid8 eration the established planning update cycle for metropoli9 tan planning organizations. The Secretary shall not require 

10 a metropolitan planning organization to deviate from its 

11 established planning update cycle to implement changes 

12 made by this section. Metropolitan planning organizations 

13 shall reflect changes made to their transportation plan or 

14 transportation improvement program updates by not later 

15 than 2 years after the date of issuance of guidance by the 

16 Secretary.’’. 

17 SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS18 PORTATION PLANNING. 

19 (a) IN GENERAL.—Section 135 of title 23, United 

20 States Code, is amended to read as follows: 

21 ‘‘§ 135. Statewide and nonmetropolitan transportation 

22 planning 

23 ‘‘(a) STATEWIDE TRANSPORTATION PLANS AND

24 STIPS.— 

25 ‘‘(1) DEVELOPMENT.— 
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1 ‘‘(A) IN GENERAL.—To accomplish the pol2 icy objectives described in section 134(a), each 

3 State shall develop a statewide transportation 

4 plan and a statewide transportation improve5 ment program for all areas of the State in ac6 cordance with this section. 

7 ‘‘(B) INCORPORATION OF METROPOLITAN

8 TRANSPORTATION PLANS AND TIPS.—Each State 

9 shall incorporate in the statewide transportation 

10 plan and statewide transportation improvement 

11 program, without change or by reference, the 

12 metropolitan transportation plans and transpor13 tation improvement programs, respectively, for 

14 each metropolitan planning area in the State. 

15 ‘‘(C) NONMETROPOLITAN AREAS.—Each 

16 State shall consult with local officials in small 

17 urbanized areas with a population of 50,000 or 

18 more individuals, but fewer than 200,000 indi19 viduals, as calculated according to the most re20 cent decennial census, and nonurbanized areas of 

21 the State in preparing the nonmetropolitan por22 tions of statewide transportation plans and 

23 statewide transportation improvement programs. 

24 ‘‘(2) CONTENTS.—The statewide transportation 

25 plan and statewide transportation improvement pro-
333 

† HR 4348 EAS 

1 gram developed for each State shall provide for the 

2 development and integrated management and oper3 ation of transportation systems and facilities (includ4 ing accessible pedestrian walkways, bicycle transpor5 tation facilities, and intermodal facilities that sup6 port intercity transportation) that will function as— 

7 ‘‘(A) an intermodal transportation system 

8 for the State; and 

9 ‘‘(B) an integral part of an intermodal 

10 transportation system for the United States. 

11 ‘‘(3) PROCESS.—The process for developing the 

12 statewide transportation plan and statewide trans13 portation improvement program shall— 

14 ‘‘(A) provide for consideration of all modes 

15 of transportation; and 

16 ‘‘(B) be continuing, cooperative, and com17 prehensive to the degree appropriate, based on 

18 the complexity of the transportation needs to be 

19 addressed. 

20 ‘‘(b) COORDINATION AND CONSULTATION.— 

21 ‘‘(1) IN GENERAL.—Each State shall— 

22 ‘‘(A) coordinate planning carried out under 

23 this section with— 
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1 ‘‘(i) the transportation planning ac2 tivities carried out under section 134 for 

3 metropolitan areas of the State; and 

4 ‘‘(ii) statewide trade and economic de5 velopment planning activities and related 

6 multistate planning efforts; 

7 ‘‘(B) coordinate planning carried out under 

8 this section with the transportation planning ac9 tivities carried out by each nonmetropolitan 

10 planning organization in the State, as applica11 ble; 

12 ‘‘(C) consult on planning carried out under 

13 this section with the transportation planning ac14 tivities carried out by each rural planning orga15 nization in the State, as applicable; and 

16 ‘‘(D) develop the transportation portion of 

17 the State implementation plan as required by 

18 the Clean Air Act (42 U.S.C. 7401 et seq.). 

19 ‘‘(2) MULTISTATE AREAS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall en21 courage each Governor with responsibility for a 

22 portion of a multistate metropolitan planning 

23 area and the appropriate metropolitan planning 

24 organizations to provide coordinated transpor25 tation planning for the entire metropolitan area. 
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1 ‘‘(B) COORDINATION ALONG DESIGNATED

2 TRANSPORTATION CORRIDORS.—The Secretary 

3 shall encourage each Governor with responsi4 bility for a portion of a multistate transpor5 tation corridor to provide coordinated transpor6 tation planning for the entire designated cor7 ridor. 

8 ‘‘(C) INTERSTATE COMPACTS.—For pur9 poses of this section, any 2 or more States— 

10 ‘‘(i) may enter into compacts, agree11 ments, or organizations not in conflict with 

12 any Federal law for cooperative efforts and 

13 mutual assistance in support of activities 

14 authorized under this section, as the activi15 ties relate to interstate areas and localities 

16 within the States; 

17 ‘‘(ii) may establish such agencies (joint 

18 or otherwise) as the States determine to be 

19 appropriate for ensuring the effectiveness of 

20 the agreements and compacts; and 

21 ‘‘(iii) are encouraged to enter into such 

22 compacts, agreements, or organizations as 

23 are appropriate to develop planning docu24 ments in support of intercity or multistate 

25 area projects, facilities, and services, the rel-
336 

† HR 4348 EAS 

1 evant components of which shall be reflected 

2 in statewide transportation improvement 

3 programs and statewide transportation 

4 plans. 

5 ‘‘(D) RESERVATION OF RIGHTS.—The right 

6 to alter, amend, or repeal any interstate compact 

7 or agreement entered into under this subsection 

8 is expressly reserved. 

9 ‘‘(c) RELATIONSHIP WITH OTHER PLANNING OFFI10 CIALS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall encour12 age each State to cooperate with Federal, tribal, 

13 State, and local officers and entities responsible for 

14 other types of planning activities that are affected by 

15 transportation in the relevant area (including 

16 planned growth, economic development, infrastructure 

17 services, housing, other public services, environmental 

18 protection, airport operations, high-speed and inter19 city passenger rail, freight rail, port access, and 

20 freight movements), to the maximum extent prac21 ticable, to ensure that the statewide and nonmetro22 politan planning process, statewide transportation 

23 plans, and statewide transportation improvement 

24 programs are developed with due consideration for 

25 other related planning activities in the State. 
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1 ‘‘(2) INCLUSION.—Cooperation under paragraph 

2 (1) shall include the design and delivery of transpor3 tation services within the State that are provided 

4 by— 

5 ‘‘(A) recipients of assistance under sections 

6 202, 203, and 204; 

7 ‘‘(B) recipients of assistance under chapter 

8 53 of title 49; 

9 ‘‘(C) government agencies and nonprofit or10 ganizations (including representatives of the 

11 agencies and organizations) that receive Federal 

12 assistance from a source other than the Depart13 ment of Transportation to provide nonemergency 

14 transportation services; and 

15 ‘‘(D) sponsors of regionally significant pro16 grams, projects, and services that are related to 

17 transportation and receive assistance from any 

18 public or private source. 

19 ‘‘(d) SCOPE OF PLANNING PROCESS.— 

20 ‘‘(1) IN GENERAL.—The statewide transportation 

21 planning process for a State under this section shall 

22 provide for consideration of projects, strategies, and 

23 services that will— 

24 ‘‘(A) support the economic vitality of the 

25 United States, the State, nonmetropolitan areas, 
338 

† HR 4348 EAS 

1 and metropolitan areas, especially by enabling 

2 global competitiveness, travel and tourism (where 

3 applicable), productivity, and efficiency; 

4 ‘‘(B) increase the safety of the transpor5 tation system for motorized and nonmotorized 

6 users; 

7 ‘‘(C) increase the security of the transpor8 tation system for motorized and nonmotorized 

9 users; 

10 ‘‘(D) increase the accessibility and mobility 

11 of individuals and freight; 

12 ‘‘(E) protect and enhance the environment, 

13 promote energy conservation, improve the qual14 ity of life, and promote consistency between 

15 transportation improvements and State and 

16 local planned growth and economic development 

17 patterns; 

18 ‘‘(F) enhance the integration and 

19 connectivity of the transportation system, across 

20 and between modes, for individuals and freight; 

21 ‘‘(G) increase efficient system management 

22 and operation; and 

23 ‘‘(H) emphasize the preservation of the ex24 isting transportation system. 

25 ‘‘(2) PERFORMANCE-BASED APPROACH.— 
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† HR 4348 EAS 

1 ‘‘(A) IN GENERAL.—The statewide transpor2 tation planning process shall provide for the es3 tablishment and use of a performance-based ap4 proach to transportation decisionmaking to sup5 port the national goals described in section 

6 150(b) of this title and section 5301(c) of title 

7 49. 

8 ‘‘(B) SURFACE TRANSPORTATION PERFORM9 ANCE TARGETS.— 

10 ‘‘(i) IN GENERAL.—Each State shall 

11 establish performance targets that address 

12 the performance measures described in sec13 tions 119(f), 148(h), and 167(i) to use in 

14 tracking attainment of critical outcomes for 

15 the region of the State. 

16 ‘‘(ii) COORDINATION.—Selection of per17 formance targets by a State shall be coordi18 nated with relevant metropolitan planning 

19 organizations to ensure consistency, to the 

20 maximum extent practicable. 

21 ‘‘(C) PUBLIC TRANSPORTATION PERFORM22 ANCE TARGETS.—For providers of public trans23 portation operating in urbanized areas with a 

24 population of fewer than 200,000 individuals, as 

25 calculated according to the most recent decennial 
340 

† HR 4348 EAS 

1 census, and not represented by a metropolitan 

2 planning organization, each State shall adopt 

3 the performance targets identified by such pro4 viders of public transportation pursuant to sec5 tions 5326(c) and 5329(d) of title 49 for use in 

6 tracking attainment of critical outcomes for the 

7 region of the metropolitan planning organiza8 tion. 

9 ‘‘(D) INTEGRATION OF OTHER PERFORM10 ANCE-BASED PLANS.—A State shall integrate 

11 into the statewide transportation planning proc12 ess, directly or by reference, the goals, objectives, 

13 performance measures, and performance targets 

14 described in this paragraph in other State plans 

15 and processes, and asset management and safety 

16 plans developed by providers of public transpor17 tation in urbanized areas with a population of 

18 fewer than 200,000 individuals, as calculated ac19 cording to the most recent decennial census, and 

20 not represented by a metropolitan planning or21 ganization, required as part of a performance22 based program, including plans such as— 

23 ‘‘(i) the State National Highway Sys24 tem asset management plan; 
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† HR 4348 EAS 

1 ‘‘(ii) asset management plans devel2 oped by providers of public transportation; 

3 ‘‘(iii) the State strategic highway safe4 ty plan; 

5 ‘‘(iv) a congestion mitigation and air 

6 quality performance plan developed under 

7 section 149(k) by a tier I metropolitan 

8 planning organization (as defined in sec9 tion 134) representing a nonattainment or 

10 maintenance area; 

11 ‘‘(v) safety plans developed by pro12 viders of public transportation; and 

13 ‘‘(vi) the national freight strategic 

14 plan. 

15 ‘‘(E) USE OF PERFORMANCE MEASURES

16 AND TARGETS.—The performance measures and 

17 targets established under this paragraph shall be 

18 used, at a minimum, by a State as the basis for 

19 development of policies, programs, and invest20 ment priorities reflected in the statewide trans21 portation plan and statewide transportation im22 provement program. 

23 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail24 ure to take into consideration 1 or more of the factors 

25 specified in paragraphs (1) and (2) shall not be sub-
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† HR 4348 EAS 

1 ject to review by any court under this title, chapter 

2 53 of title 49, subchapter II of chapter 5 of title 5, 

3 or chapter 7 of title 5 in any matter affecting a state4 wide transportation plan, a statewide transportation 

5 improvement program, a project or strategy, or the 

6 certification of a planning process. 

7 ‘‘(4) PARTICIPATION BY INTERESTED PARTIES.— 

8 ‘‘(A) IN GENERAL.—Each State shall pro9 vide to— 

10 ‘‘(i) nonmetropolitan local elected offi11 cials an opportunity to participate in ac12 cordance with subparagraph (B)(i); and 

13 ‘‘(ii) affected individuals, public agen14 cies, and other interested parties notice and 

15 a reasonable opportunity to comment on the 

16 statewide transportation plan and statewide 

17 transportation improvement program. 

18 ‘‘(B) METHODS.—In carrying out this 

19 paragraph, the State shall— 

20 ‘‘(i) develop and document a consult21 ative process to carry out subparagraph 

22 (A)(i) that is separate and discrete from the 

23 public involvement process developed under 

24 clause (ii); 
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1 ‘‘(ii) develop the statewide transpor2 tation plan and statewide transportation 

3 improvement program in consultation with 

4 interested parties, as appropriate, including 

5 by the formation of advisory groups rep6 resentative of the State and interested par7 ties that participate in the development of 

8 the statewide transportation plan and state9 wide transportation improvement program; 

10 ‘‘(iii) hold any public meetings at 

11 times and locations that are, as applica12 ble— 

13 ‘‘(I) convenient; and 

14 ‘‘(II) in compliance with the 

15 Americans with Disabilities Act of 

16 1990 (42 U.S.C. 12101 et seq.); 

17 ‘‘(iv) employ visualization techniques 

18 to describe statewide transportation plans 

19 and statewide transportation improvement 

20 programs; and 

21 ‘‘(v) make public information available 

22 in appropriate electronically accessible for23 mats and means, such as the Internet, to af24 ford reasonable opportunity for consider-
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† HR 4348 EAS 

1 ation of public information under subpara2 graph (A). 

3 ‘‘(e) COORDINATION AND CONSULTATION.— 

4 ‘‘(1) METROPOLITAN AREAS.— 

5 ‘‘(A) IN GENERAL.—Each State shall de6 velop a statewide transportation plan and state7 wide transportation improvement program for 

8 each metropolitan area in the State by incor9 porating, without change or by reference, at a 

10 minimum, as prepared by each metropolitan 

11 planning organization designated for the metro12 politan area under section 134— 

13 ‘‘(i) all regionally significant projects 

14 to be carried out during the 10-year period 

15 beginning on the effective date of the rel16 evant existing metropolitan transportation 

17 plan; and 

18 ‘‘(ii) all projects to be carried out dur19 ing the 4-year period beginning on the effec20 tive date of the relevant transportation im21 provement program. 

22 ‘‘(B) PROJECTED COSTS.—Each metropoli23 tan planning organization shall provide to each 

24 applicable State a description of the projected 

25 costs of implementing the projects included in 
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1 the metropolitan transportation plan of the met2 ropolitan planning organization for purposes of 

3 metropolitan financial planning and fiscal con4 straint. 

5 ‘‘(2) NONMETROPOLITAN AREAS.—With respect 

6 to nonmetropolitan areas in a State, the statewide 

7 transportation plan and statewide transportation im8 provement program of the State shall be developed in 

9 consultation with affected nonmetropolitan local offi10 cials with responsibility for transportation, including 

11 providers of public transportation. 

12 ‘‘(3) INDIAN TRIBAL AREAS.—With respect to 

13 each area of a State under the jurisdiction of an In14 dian tribe, the statewide transportation plan and 

15 statewide transportation improvement program of the 

16 State shall be developed in consultation with— 

17 ‘‘(A) the tribal government; and 

18 ‘‘(B) the Secretary of the Interior. 

19 ‘‘(4) FEDERAL LAND MANAGEMENT AGENCIES.— 

20 With respect to each area of a State under the juris21 diction of a Federal land management agency, the 

22 statewide transportation plan and statewide trans23 portation improvement program of the State shall be 

24 developed in consultation with the relevant Federal 

25 land management agency. 
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1 ‘‘(5) CONSULTATION, COMPARISON, AND CONSID2 ERATION.— 

3 ‘‘(A) IN GENERAL.—A statewide transpor4 tation plan shall be developed, as appropriate, in 

5 consultation with Federal, tribal, State, and 

6 local agencies responsible for land use manage7 ment, natural resources, infrastructure permit8 ting, environmental protection, conservation, and 

9 historic preservation. 

10 ‘‘(B) COMPARISON AND CONSIDERATION.— 

11 Consultation under subparagraph (A) shall in12 volve the comparison of statewide transportation 

13 plans to, as available— 

14 ‘‘(i) Federal, tribal, State, and local 

15 conservation plans or maps; and 

16 ‘‘(ii) inventories of natural or historic 

17 resources. 

18 ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 

19 ‘‘(1) DEVELOPMENT.— 

20 ‘‘(A) IN GENERAL.—Each State shall de21 velop a statewide transportation plan, the fore22 cast period of which shall be not less than 20 

23 years for all areas of the State, that provides for 

24 the development and implementation of the 

25 intermodal transportation system of the State. 
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1 ‘‘(B) INITIAL PERIOD.—A statewide trans2 portation plan shall include, at a minimum, for 

3 the first 10-year period of the statewide trans4 portation plan, the identification of existing and 

5 future transportation facilities that will function 

6 as an integrated statewide transportation sys7 tem, giving emphasis to those facilities that serve 

8 important national, statewide, and regional 

9 transportation functions. 

10 ‘‘(C) SUBSEQUENT PERIOD.—For the second 

11 10-year period of the statewide transportation 

12 plan (referred to in this subsection as the ‘outer 

13 years period’), a statewide transportation 

14 plan— 

15 ‘‘(i) may include identification of fu16 ture transportation facilities; and 

17 ‘‘(ii) shall describe the policies and 

18 strategies that provide for the development 

19 and implementation of the intermodal 

20 transportation system of the State. 

21 ‘‘(D) OTHER REQUIREMENTS.—A statewide 

22 transportation plan shall— 

23 ‘‘(i) include, for the 20-year period 

24 covered by the statewide transportation 

25 plan, a description of— 
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1 ‘‘(I) the projected aggregate cost of 

2 projects anticipated by a State to be 

3 implemented; and 

4 ‘‘(II) the revenues necessary to 

5 support the projects; 

6 ‘‘(ii) include, in such form as the Sec7 retary determines to be appropriate, a de8 scription of— 

9 ‘‘(I) the existing transportation 

10 infrastructure, including an identifica11 tion of highways, local streets and 

12 roads, bicycle and pedestrian facilities, 

13 public transportation facilities and 

14 services, commuter rail facilities and 

15 services, high-speed and intercity pas16 senger rail facilities and services, 

17 freight facilities (including freight rail18 road and port facilities), multimodal 

19 and intermodal facilities, and inter20 modal connectors that, evaluated in the 

21 aggregate, function as an integrated 

22 transportation system; 

23 ‘‘(II) the performance measures 

24 and performance targets used in assess25 ing the existing and future perform-
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1 ance of the transportation system de2 scribed in subsection (d)(2); 

3 ‘‘(III) the current and projected 

4 future usage of the transportation sys5 tem, including, to the maximum extent 

6 practicable, an identification of exist7 ing or planned transportation rights8 of-way, corridors, facilities, and related 

9 real properties; 

10 ‘‘(IV) a system performance report 

11 evaluating the existing and future con12 dition and performance of the trans13 portation system with respect to the 

14 performance targets described in sub15 section (d)(2) and updates to subse16 quent system performance reports, in17 cluding— 

18 ‘‘(aa) progress achieved by 

19 the State in meeting performance 

20 targets, as compared to system 

21 performance recorded in previous 

22 reports; and 

23 ‘‘(bb) an accounting of the 

24 performance by the State on out25 lay of obligated project funds and 
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1 delivery of projects that have 

2 reached substantial completion, in 

3 relation to the projects currently 

4 on the statewide transportation 

5 improvement program and those 

6 projects that have been removed 

7 from the previous statewide trans8 portation improvement program; 

9 ‘‘(V) recommended strategies and 

10 investments for improving system per11 formance over the planning horizon, 

12 including transportation systems man13 agement and operations strategies, 

14 maintenance strategies, demand man15 agement strategies, asset management 

16 strategies, capacity and enhancement 

17 investments, land use improvements, 

18 intelligent transportation systems de19 ployment and technology adoption 

20 strategies as determined by the pro21 jected support of performance targets 

22 described in subsection (d)(2); 

23 ‘‘(VI) recommended strategies and 

24 investments to improve and integrate 
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1 disability-related access to transpor2 tation infrastructure; 

3 ‘‘(VII) investment priorities for 

4 using projected available and proposed 

5 revenues over the short- and long-term 

6 stages of the planning horizon, in ac7 cordance with the financial plan re8 quired under paragraph (2); 

9 ‘‘(VIII) a description of interstate 

10 compacts entered into in order to pro11 mote coordinated transportation plan12 ning in multistate areas, if applicable; 

13 ‘‘(IX) an optional illustrative list 

14 of projects containing investments 

15 that— 

16 ‘‘(aa) are not included in the 

17 statewide transportation plan; but 

18 ‘‘(bb) would be so included if 

19 resources in addition to the re20 sources identified in the financial 

21 plan under paragraph (2) were 

22 available; 

23 ‘‘(X) a discussion (developed in 

24 consultation with Federal, State, and 

25 tribal wildlife, land management, and 
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1 regulatory agencies) of types of poten2 tial environmental and stormwater 

3 mitigation activities and potential 

4 areas to carry out those activities, in5 cluding activities that may have the 

6 greatest potential to restore and main7 tain the environmental functions af8 fected by the statewide transportation 

9 plan; and 

10 ‘‘(XI) recommended strategies and 

11 investments, including those developed 

12 by the State as part of interstate com13 pacts, agreements, or organizations, 

14 that support intercity transportation; 

15 and 

16 ‘‘(iii) be updated by the State not less 

17 frequently than once every 5 years. 

18 ‘‘(2) FINANCIAL PLAN.—A financial plan re19 ferred to in paragraph (1)(D)(ii)(VII) shall— 

20 ‘‘(A) be prepared by each State to support 

21 the statewide transportation plan; and 

22 ‘‘(B) contain a description of each of the 

23 following: 

24 ‘‘(i) Projected resource requirements 

25 during the 20-year planning horizon for 
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1 implementing projects, strategies, and serv2 ices recommended in the statewide transpor3 tation plan, including existing and pro4 jected system operating and maintenance 

5 needs, proposed enhancement and expan6 sions to the system, projected available rev7 enue from Federal, State, local, and private 

8 sources, and innovative financing tech9 niques to finance projects and programs. 

10 ‘‘(ii) The projected difference between 

11 costs and revenues, and strategies for secur12 ing additional new revenue (such as by cap13 ture of some of the economic value created 

14 by any new investment). 

15 ‘‘(iii) Estimates of future funds, to be 

16 developed cooperatively by the State, any 

17 public transportation agency, and relevant 

18 metropolitan planning organizations, that 

19 are reasonably expected to be available to 

20 support the investment priorities rec21 ommended in the statewide transportation 

22 plan. 

23 ‘‘(iv) Each applicable project, only if 

24 full funding can reasonably be anticipated 

25 to be available for the project within the 
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1 time period contemplated for completion of 

2 the project. 

3 ‘‘(v) For the outer years period of the 

4 statewide transportation plan, a description 

5 of the aggregate cost ranges or bands, sub6 ject to the condition that any future fund7 ing source shall be reasonably expected to be 

8 available to support the projected cost 

9 ranges or bands. 

10 ‘‘(3) COORDINATION WITH CLEAN AIR ACT AGEN11 CIES.—For any nonmetropolitan area that is a non12 attainment area or maintenance area, the State shall 

13 coordinate the development of the statewide transpor14 tation plan with the process for development of the 

15 transportation control measures of the State imple16 mentation plan required by the Clean Air Act (42 

17 U.S.C. 7401 et seq.). 

18 ‘‘(4) PUBLICATION.—A statewide transportation 

19 plan involving Federal and non-Federal participation 

20 programs, projects, and strategies shall be published 

21 or otherwise made readily available by the State for 

22 public review, including (to the maximum extent 

23 practicable) in electronically accessible formats and 

24 means, such as the Internet, in such manner as the 

25 Secretary shall require. 
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1 ‘‘(5) SELECTION OF PROJECTS FROM ILLUS2 TRATIVE LIST.—Notwithstanding paragraph (2), a 

3 State shall not be required to select any project from 

4 the illustrative list of additional projects included in 

5 the statewide transportation plan under paragraph 

6 (1)(D)(ii)(IX). 

7 ‘‘(6) USE OF POLICY PLANS.—Notwithstanding 

8 any other provision of this section, a State that has 

9 in effect, as of the date of enactment of the MAP–21, 

10 a statewide transportation plan that follows a policy 

11 plan approach— 

12 ‘‘(A) may, for 4 years after the date of en13 actment of the MAP–21, continue to use a policy 

14 plan approach to the statewide transportation 

15 plan; and 

16 ‘‘(B) shall be subject to the requirements of 

17 this subsection only to the extent that such re18 quirements were applicable under this section (as 

19 in effect on the day before the date of enactment 

20 of the MAP–21). 

21 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

22 PROGRAMS.— 

23 ‘‘(1) DEVELOPMENT.— 

24 ‘‘(A) IN GENERAL.—In consultation with 

25 nonmetropolitan officials with responsibility for 
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1 transportation and affected public transpor2 tation operators, the State shall develop a state3 wide transportation improvement program for 

4 the State that— 

5 ‘‘(i) includes projects consistent with 

6 the statewide transportation plan; 

7 ‘‘(ii) reflects the investment priorities 

8 established in the statewide transportation 

9 plan; and 

10 ‘‘(iii) once implemented, makes signifi11 cant progress toward achieving the perform12 ance targets described in subsection (d)(2). 

13 ‘‘(B) OPPORTUNITY FOR PARTICIPATION.— 

14 In developing a statewide transportation im15 provement program, the State, in cooperation 

16 with affected public transportation operators, 

17 shall provide an opportunity for participation 

18 by interested parties (including State representa19 tives of nonmotorized users) in the development 

20 of the statewide transportation improvement pro21 gram, in accordance with subsection (e). 

22 ‘‘(C) OTHER REQUIREMENTS.— 

23 ‘‘(i) IN GENERAL.—A statewide trans24 portation improvement program shall— 
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1 ‘‘(I) cover a period of not less 

2 than 4 years; and 

3 ‘‘(II) be updated not less fre4 quently than once every 4 years, or 

5 more frequently, as the Governor deter6 mines to be appropriate. 

7 ‘‘(ii) INCORPORATION OF TIPS.—A 

8 statewide transportation improvement pro9 gram shall incorporate any relevant trans10 portation improvement program developed 

11 by a metropolitan planning organization 

12 under section 134, without change. 

13 ‘‘(iii) PROJECTS.—Each project in14 cluded in a statewide transportation im15 provement program shall be— 

16 ‘‘(I) consistent with the statewide 

17 transportation plan developed under 

18 this section for the State; 

19 ‘‘(II) identical to a project or 

20 phase of a project described in a rel21 evant transportation improvement pro22 gram; and 

23 ‘‘(III) for any project located in a 

24 nonattainment area or maintenance 

25 area, carried out in accordance with 
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1 the applicable State air quality imple2 mentation plan developed under the 

3 Clean Air Act (42 U.S.C. 7401 et seq.). 

4 ‘‘(2) CONTENTS.— 

5 ‘‘(A) PRIORITY LIST.—A statewide trans6 portation improvement program shall include a 

7 priority list of proposed federally supported 

8 projects and strategies, to be carried out during 

9 the 4-year period beginning on the date of adop10 tion of the statewide transportation improvement 

11 program, and during each 4-year period there12 after, using existing and reasonably available 

13 revenues in accordance with the financial plan 

14 under paragraph (3). 

15 ‘‘(B) DESCRIPTIONS.—Each project or 

16 phase of a project included in a statewide trans17 portation improvement program shall include 

18 sufficient descriptive material (such as type of 

19 work, termini, length, estimated completion date, 

20 and other similar factors) to identify— 

21 ‘‘(i) the project or project phase; and 

22 ‘‘(ii) the effect that the project or 

23 project phase will have in addressing the 

24 performance targets described in subsection 

25 (d)(2). 
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1 ‘‘(C) PERFORMANCE TARGET ACHIEVE2 MENT.—A statewide transportation improvement 

3 program shall include, to the maximum extent 

4 practicable, a discussion of the anticipated effect 

5 of the statewide transportation improvement pro6 gram toward achieving the performance targets 

7 established in the statewide transportation plan, 

8 linking investment priorities to those perform9 ance targets. 

10 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

11 An optional illustrative list of projects may be 

12 prepared containing additional investment pri13 orities that— 

14 ‘‘(i) are not included in the statewide 

15 transportation improvement program; but 

16 ‘‘(ii) would be so included if resources 

17 in addition to the resources identified in the 

18 financial plan under paragraph (3) were 

19 available. 

20 ‘‘(3) FINANCIAL PLAN.—A financial plan re21 ferred to in paragraph (2)(D)(ii) shall— 

22 ‘‘(A) be prepared by each State to support 

23 the statewide transportation improvement pro24 gram; and 
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1 ‘‘(B) contain a description of each of the 

2 following: 

3 ‘‘(i) Projected resource requirements for 

4 implementing projects, strategies, and serv5 ices recommended in the statewide transpor6 tation improvement program, including ex7 isting and projected system operating and 

8 maintenance needs, proposed enhancement 

9 and expansions to the system, projected 

10 available revenue from Federal, State, local, 

11 and private sources, and innovative financ12 ing techniques to finance projects and pro13 grams. 

14 ‘‘(ii) The projected difference between 

15 costs and revenues, and strategies for secur16 ing additional new revenue (such as by cap17 ture of some of the economic value created 

18 by any new investment). 

19 ‘‘(iii) Estimates of future funds, to be 

20 developed cooperatively by the State and 

21 relevant metropolitan planning organiza22 tions and public transportation agencies, 

23 that are reasonably expected to be available 

24 to support the investment priorities rec-
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1 ommended in the statewide transportation 

2 improvement program. 

3 ‘‘(iv) Each applicable project, only if 

4 full funding can reasonably be anticipated 

5 to be available for the project within the 

6 time period contemplated for completion of 

7 the project. 

8 ‘‘(4) INCLUDED PROJECTS.— 

9 ‘‘(A) PROJECTS UNDER THIS TITLE AND

10 CHAPTER 53 OF TITLE 49.—A statewide transpor11 tation improvement program developed under 

12 this subsection for a State shall include the 

13 projects within the State that are proposed for 

14 funding under chapter 1 of this title and chapter 

15 53 of title 49. 

16 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

17 ‘‘(i) REGIONALLY SIGNIFICANT.—Each 

18 regionally significant project proposed for 

19 funding under chapter 2 shall be identified 

20 individually in the statewide transportation 

21 improvement program. 

22 ‘‘(ii) NONREGIONALLY SIGNIFICANT.— 

23 A description of each project proposed for 

24 funding under chapter 2 that is not deter25 mined to be regionally significant shall be 
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1 contained in 1 line item or identified indi2 vidually in the statewide transportation im3 provement program. 

4 ‘‘(5) PUBLICATION.— 

5 ‘‘(A) IN GENERAL.—A statewide transpor6 tation improvement program shall be published 

7 or otherwise made readily available by the State 

8 for public review in electronically accessible for9 mats and means, such as the Internet. 

10 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an11 nual list of projects, including investments in pe12 destrian walkways, bicycle transportation facili13 ties, and intermodal facilities that support inter14 city transportation, for which Federal funds 

15 have been obligated during the preceding fiscal 

16 year shall be published or otherwise made avail17 able by the cooperative effort of the State, public 

18 transportation operator, and relevant metropoli19 tan planning organizations in electronically ac20 cessible formats and means, such as the Internet, 

21 in a manner that is consistent with the cat22 egories identified in the relevant statewide trans23 portation improvement program. 

24 ‘‘(6) PROJECT SELECTION FOR URBANIZED

25 AREAS WITH POPULATIONS OF FEWER THAN 200,000
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1 NOT REPRESENTED BY DESIGNATED MPOS.—Projects 

2 carried out in urbanized areas with populations of 

3 fewer than 200,000 individuals, as calculated accord4 ing to the most recent decennial census, and that are 

5 not represented by designated metropolitan planning 

6 organizations, shall be selected, from the approved 

7 statewide transportation improvement program (in8 cluding projects carried out on the National Highway 

9 System and other projects carried out under this title 

10 or under sections 5310 and 5311 of title 49) by the 

11 State, in cooperation with the affected nonmetropoli12 tan planning organization, if any exists, and in con13 sultation with the affected nonmetropolitan area local 

14 officials with responsibility for transportation. 

15 ‘‘(7) APPROVAL BY SECRETARY.— 

16 ‘‘(A) IN GENERAL.—Not less frequently than 

17 once every 4 years, a statewide transportation 

18 improvement program developed under this sub19 section shall be reviewed and approved by the 

20 Secretary, based on the current planning finding 

21 of the Secretary under subparagraph (B). 

22 ‘‘(B) PLANNING FINDING.—The Secretary 

23 shall make a planning finding referred to in sub24 paragraph (A) not less frequently than once 

25 every 5 years regarding whether the transpor-
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1 tation planning process through which statewide 

2 transportation plans and statewide transpor3 tation improvement programs are developed is 

4 consistent with this section and section 134. 

5 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 

6 Notwithstanding any other provision of law, approval 

7 by the Secretary shall not be required to carry out a 

8 project included in an approved statewide transpor9 tation improvement program in place of another 

10 project in the statewide transportation improvement 

11 program. 

12 ‘‘(h) CERTIFICATION.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall— 

14 ‘‘(A) ensure that the statewide transpor15 tation planning process of a State is being car16 ried out in accordance with this section and ap17 plicable Federal law (including rules and regula18 tions); and 

19 ‘‘(B) subject to paragraph (2), certify, not 

20 later than 180 days after the date of enactment 

21 of the MAP–21 and not less frequently than once 

22 every 5 years thereafter, that the requirements of 

23 subparagraph (A) are met with respect to the 

24 statewide transportation planning process. 
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1 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.—The 

2 Secretary may make a certification under paragraph 

3 (1)(B) if— 

4 ‘‘(A) the statewide transportation planning 

5 process complies with the requirements of this 

6 section and other applicable Federal law; and 

7 ‘‘(B) a statewide transportation improve8 ment program for the State has been approved 

9 by the Governor of the State. 

10 ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 

11 ‘‘(A) WITHHOLDING OF PROJECT FUNDS.— 

12 If a statewide transportation planning process of 

13 a State is not certified under paragraph (1), the 

14 Secretary may withhold up to 20 percent of the 

15 funds attributable to the State for projects fund16 ed under this title and chapter 53 of title 49. 

17 ‘‘(B) RESTORATION OF WITHHELD

18 FUNDS.—Any funds withheld under subpara19 graph (A) shall be restored to the State on the 

20 date of certification of the statewide transpor21 tation planning process by the Secretary. 

22 ‘‘(4) PUBLIC INVOLVEMENT.—In making a deter23 mination regarding certification under this sub24 section, the Secretary shall provide for public involve25 ment appropriate to the State under review. 
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1 ‘‘(i) PERFORMANCE-BASED PLANNING PROCESSES

2 EVALUATION.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall establish 

4 criteria to evaluate the effectiveness of the perform5 ance-based planning processes of States, taking into 

6 consideration the following: 

7 ‘‘(A) The extent to which the State has 

8 achieved, or is currently making substantial 

9 progress toward achieving, the performance tar10 gets described in subsection (d)(2), taking into 

11 account whether the State developed meaningful 

12 performance targets. 

13 ‘‘(B) The extent to which the State has used 

14 proven best practices that help ensure transpor15 tation investment that is efficient and cost-effec16 tive. 

17 ‘‘(C) The extent to which the State— 

18 ‘‘(i) has developed an investment proc19 ess that relies on public input and aware20 ness to ensure that investments are trans21 parent and accountable; and 

22 ‘‘(ii) provides regular reports allowing 

23 the public to access the information being 

24 collected in a format that allows the public 
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1 to meaningfully assess the performance of 

2 the State. 

3 ‘‘(2) REPORT.— 

4 ‘‘(A) IN GENERAL.—Not later than 5 years 

5 after the date of enactment of the MAP–21, the 

6 Secretary shall submit to Congress a report eval7 uating— 

8 ‘‘(i) the overall effectiveness of perform9 ance-based planning as a tool for guiding 

10 transportation investments; and 

11 ‘‘(ii) the effectiveness of the perform12 ance-based planning process of each State. 

13 ‘‘(B) PUBLICATION.—The report under sub14 paragraph (A) shall be published or otherwise 

15 made available in electronically accessible for16 mats and means, including on the Internet. 

17 ‘‘(j) FUNDING.—Funds apportioned under section 

18 104(b)(6) of this title and set aside under section 5305(g) 

19 of title 49 shall be available to carry out this section. 

20 ‘‘(k) CONTINUATION OF CURRENT REVIEW PRAC21 TICE.— 

22 ‘‘(1) IN GENERAL.—In consideration of the fac23 tors described in paragraph (2), any decision by the 

24 Secretary concerning a statewide transportation plan 

25 or statewide transportation improvement program 
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1 shall not be considered to be a Federal action subject 

2 to review under the National Environmental Policy 

3 Act of 1969 (42 U.S.C. 4321 et seq.). 

4 ‘‘(2) DESCRIPTION OF FACTORS.—The factors re5 ferred to in paragraph (1) are that— 

6 ‘‘(A) statewide transportation plans and 

7 statewide transportation improvement programs 

8 are subject to a reasonable opportunity for public 

9 comment; 

10 ‘‘(B) the projects included in statewide 

11 transportation plans and statewide transpor12 tation improvement programs are subject to re13 view under the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.); and 

15 ‘‘(C) decisions by the Secretary concerning 

16 statewide transportation plans and statewide 

17 transportation improvement programs have not 

18 been reviewed under the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4321 et seq.) as 

20 of January 1, 1997. 

21 ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Sec22 retary shall issue guidance on a schedule for implementa23 tion of the changes made by this section, taking into consid24 eration the established planning update cycle for States. 

25 The Secretary shall not require a State to deviate from its 
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1 established planning update cycle to implement changes 

2 made by this section. States shall reflect changes made to 

3 their transportation plan or transportation improvement 

4 program updates not later than 2 years after the date of 

5 issuance of guidance by the Secretary under this sub6 section.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 chapter 1 of title 23, United States Code, is amended by 

9 striking the item relating to section 135 and inserting the 

10 following: 

‘‘135. Statewide and nonmetropolitan transportation planning.’’. 

11 SEC. 1203. NATIONAL GOALS. 

12 (a) IN GENERAL.—Section 150 of title 23, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 150. National goals 

15 ‘‘(a) DECLARATION OF POLICY.—Performance man16 agement will transform the Federal-aid highway program 

17 and provide a means to the most efficient investment of 

18 Federal transportation funds by refocusing on national 

19 transportation goals, increasing the accountability and 

20 transparency of the Federal-aid highway program, and im21 proving project decisionmaking through performance-based 

22 planning and programming. 

23 ‘‘(b) NATIONAL GOALS.—It is in the interest of the 

24 United States to focus the Federal-aid highway program on 

25 the following national goals: 
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1 ‘‘(1) SAFETY.—To achieve a significant reduc2 tion in traffic fatalities and serious injuries on all 

3 public roads. 

4 ‘‘(2) INFRASTRUCTURE CONDITION.—To main5 tain the highway infrastructure asset system in a 

6 state of good repair. 

7 ‘‘(3) SYSTEM RELIABILITY.—To improve the effi8 ciency of the surface transportation system. 

9 ‘‘(4) FREIGHT MOVEMENT AND ECONOMIC VITAL10 ITY.—To improve the national freight network, 

11 strengthen the ability of rural communities to access 

12 national and international trade markets, and sup13 port regional economic development. 

14 ‘‘(5) ENVIRONMENTAL SUSTAINABILITY.—To en15 hance the performance of the transportation system 

16 while protecting and enhancing the natural environ17 ment. 

18 ‘‘(6) REDUCED PROJECT DELIVERY DELAYS.—To 

19 reduce project costs, promote jobs and the economy, 

20 and expedite the movement of people and goods by ac21 celerating project completion through eliminating 

22 delays in the project development and delivery proc23 ess, including reducing regulatory burdens and im24 proving agencies’ work practices.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 1 of title 23, United States Code, is amended by 

3 striking the item relating to section 150 and inserting the 

4 following: 

‘‘150. National goals.’’. 

5 Subtitle C—Acceleration of Project 

6 Delivery 

7 SEC. 1301. PROJECT DELIVERY INITIATIVE. 

8 (a) DECLARATION OF POLICY.—It is the policy of the 

9 United States that— 

10 (1) it is in the national interest for the Depart11 ment, State departments of transportation, transit 

12 agencies, and all other recipients of Federal transpor13 tation funds— 

14 (A) to accelerate project delivery and reduce 

15 costs; and 

16 (B) to ensure that the planning, design, en17 gineering, construction, and financing of trans18 portation projects is done in an efficient and ef19 fective manner, promoting accountability for 

20 public investments and encouraging greater pri21 vate sector involvement in project financing and 

22 delivery while enhancing safety and protecting 

23 the environment; 

24 (2) delay in the delivery of transportation 

25 projects increases project costs, harms the economy of 
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1 the United States, and impedes the travel of the peo2 ple of the United States and the shipment of goods for 

3 the conduct of commerce; and 

4 (3) the Secretary shall identify and promote the 

5 deployment of innovation aimed at reducing the time 

6 and money required to deliver transportation projects 

7 while enhancing safety and protecting the environ8 ment. 

9 (b) ESTABLISHMENT OF INITIATIVE.— 

10 (1) IN GENERAL.—To advance the policy de11 scribed in subsection (a), the Secretary shall carry out 

12 a project delivery initiative under this section. 

13 (2) PURPOSES.—The purposes of the project de14 livery initiative shall be— 

15 (A) to develop and advance the use of best 

16 practices to accelerate project delivery and re17 duce costs across all modes of transportation and 

18 expedite the deployment of technology and inno19 vation; 

20 (B) to implement provisions of law designed 

21 to accelerate project delivery; and 

22 (C) to select eligible projects for applying 

23 experimental features to test innovative project 

24 delivery techniques. 

25 (3) ADVANCING THE USE OF BEST PRACTICES.— 
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1 (A) IN GENERAL.—In carrying out the ini2 tiative under this section, the Secretary shall 

3 identify and advance best practices to reduce de4 livery time and project costs, from planning 

5 through construction, for transportation projects 

6 and programs of projects regardless of mode and 

7 project size. 

8 (B) ADMINISTRATION.—To advance the use 

9 of best practices, the Secretary shall— 

10 (i) engage interested parties, affected 

11 communities, resource agencies, and other 

12 stakeholders to gather information regard13 ing opportunities for accelerating project 

14 delivery and reducing costs; 

15 (ii) establish a clearinghouse for the 

16 collection, documentation, and advancement 

17 of existing and new innovative approaches 

18 and best practices; 

19 (iii) disseminate information through 

20 a variety of means to transportation stake21 holders on new innovative approaches and 

22 best practices; and 

23 (iv) provide technical assistance to as24 sist transportation stakeholders in the use of 
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1 flexibility authority to resolve project delays 

2 and accelerate project delivery if feasible. 

3 (4) IMPLEMENTATION OF ACCELERATED PROJECT

4 DELIVERY.—The Secretary shall ensure that the pro5 visions of this subtitle designed to accelerate project 

6 delivery are fully implemented, including— 

7 (A) expanding eligibility of early acquisi8 tion of property prior to completion of environ9 mental review under the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.); 

12 (B) allowing the use of the construction 

13 manager or general contractor method of con14 tracting in the Federal-aid highway system; and 

15 (C) establishing a demonstration program 

16 to streamline the relocation process by permit17 ting a lump-sum payment for acquisition and 

18 relocation if elected by the displaced occupant. 

19 SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY ACQUISI20 TION ACTIVITIES PRIOR TO COMPLETION OF 

21 NEPA REVIEW. 

22 (a) IN GENERAL.—The acquisition of real property in 

23 anticipation of a federally assisted or approved surface 

24 transportation project that may use the property shall not 

25 be prohibited prior to the completion of reviews of the sur-
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1 face transportation project under the National Environ2 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 

3 acquisition does not— 

4 (1) have an adverse environmental effect; or 

5 (2)(A) limit the choice of reasonable alternatives 

6 for the proposed project; or 

7 (B) prevent the lead agency from making an im8 partial decision as to whether to select an alternative 

9 that is being considered during the environmental re10 view process. 

11 (b) EARLY ACQUISITION OF REAL PROPERTY INTER12 ESTS FOR HIGHWAYS.—Section 108 of title 23, United 

13 States Code, is amended— 

14 (1) in the section heading by inserting ‘‘inter15 ests’’ after ‘‘real property’’; 

16 (2) in subsection (a) by inserting ‘‘interests’’ 

17 after ‘‘real property’’ each place it appears; and 

18 (3) in subsection (c)— 

19 (A) in the subsection heading by striking 

20 ‘‘RIGHTS-OF-WAY’’ and inserting ‘‘REAL PROP21 ERTY INTERESTS’’; 

22 (B) in paragraph (1)— 

23 (i) in the matter preceding subpara24 graph (A) by inserting ‘‘at any time’’ after 

25 ‘‘may be used’’; and 
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1 (ii) in subparagraph (A)— 

2 (I) by striking ‘‘rights-of-way’’ the 

3 first place it appears and inserting 

4 ‘‘real property interests’’; and 

5 (II) by striking ‘‘, if the rights-of6 way are subsequently incorporated into 

7 a project eligible for surface transpor8 tation program funds’’; and 

9 (C) by striking paragraph (2) and inserting 

10 the following: 

11 ‘‘(2) TERMS AND CONDITIONS.— 

12 ‘‘(A) ACQUISITION OF REAL PROPERTY IN13 TERESTS.— 

14 ‘‘(i) IN GENERAL.—Subject to the other 

15 provisions of this section, prior to comple16 tion of the review process for the project re17 quired by the National Environmental Pol18 icy Act of 1969 (42 U.S.C. 4321 et seq.), a 

19 public authority may carry out acquisition 

20 of real property interests that may be used 

21 for a project. 

22 ‘‘(ii) REQUIREMENTS.—An acquisition 

23 under clause (i) may be authorized by 

24 project agreement and is eligible for Fed-
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1 eral-aid reimbursement as a project expense 

2 if the Secretary finds that the acquisition— 

3 ‘‘(I) will not cause any significant 

4 adverse environmental impact; 

5 ‘‘(II) will not limit the choice of 

6 reasonable alternatives for the project 

7 or otherwise influence the decision of 

8 the Secretary on any approval re9 quired for the project; 

10 ‘‘(III) does not prevent the lead 

11 agency from making an impartial de12 cision as to whether to accept an alter13 native that is being considered in the 

14 environmental review process; 

15 ‘‘(IV) is consistent with the State 

16 transportation planning process under 

17 section 135; 

18 ‘‘(V) complies with other applica19 ble Federal laws (including regula20 tions); 

21 ‘‘(VI) will be acquired through ne22 gotiation, without the threat of con23 demnation; and 

24 ‘‘(VII) will not result in a reduc25 tion or elimination of benefits or as-
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1 sistance to a displaced person required 

2 by the Uniform Relocation Assistance 

3 and Real Property Acquisition Policies 

4 Act of 1970 (42 U.S.C. 4601 et seq.) 

5 and title VI of the Civil Rights Act of 

6 1964 (42 U.S.C. 2000d et seq.). 

7 ‘‘(B) DEVELOPMENT.—Real property inter8 ests acquired under this subsection may not be 

9 developed in anticipation of a project until all 

10 required environmental reviews for the project 

11 have been completed. 

12 ‘‘(C) REIMBURSEMENT.—If Federal-aid re13 imbursement is made for real property interests 

14 acquired early under this section and the real 

15 property interests are not subsequently incor16 porated into a project eligible for surface trans17 portation funds within the time allowed by sub18 section (a)(2), the Secretary shall offset the 

19 amount reimbursed against funds apportioned to 

20 the State. 

21 ‘‘(D) OTHER CONDITIONS.—The Secretary 

22 may establish such other conditions or restric23 tions on acquisitions as the Secretary determines 

24 to be appropriate.’’. 
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1 SEC. 1303. EFFICIENCIES IN CONTRACTING. 

2 (a) AUTHORITY.—Section 112(b) of title 23, United 

3 States Code, is amended by adding at the end the following: 

4 ‘‘(4) CONSTRUCTION MANAGER; GENERAL CON5 TRACTOR.— 

6 ‘‘(A) PROCEDURE.— 

7 ‘‘(i) IN GENERAL.—A contracting 

8 agency may award a 2-phase contract to a 

9 construction manager or general contractor 

10 for preconstruction and construction serv11 ices. 

12 ‘‘(ii) PRECONSTRUCTION PHASE.—In 

13 the preconstruction phase of a contract 

14 under this subparagraph, the construction 

15 manager shall provide the contracting agen16 cy with advice relating to scheduling, work 

17 sequencing, cost engineering, 

18 constructability, cost estimating, and risk 

19 identification. 

20 ‘‘(iii) AGREEMENT TO PRICE.— 

21 ‘‘(I) IN GENERAL.—Prior to the 

22 start of the second phase of a contract 

23 under this subparagraph, the owner 

24 and the construction manager may 

25 agree to a price for the construction of 

26 the project or a portion of the project. 
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1 ‘‘(II) RESULT.—If an agreement 

2 is reached, the construction manager 

3 shall become the general contractor for 

4 the construction of the project at the 

5 negotiated schedule and price. 

6 ‘‘(B) SELECTION.—A contract shall be 

7 awarded to a construction manager or general 

8 contractor under this paragraph using a com9 petitive selection process under which the con10 tract is awarded on the basis of— 

11 ‘‘(i) qualifications; 

12 ‘‘(ii) experience; 

13 ‘‘(iii) best value; or 

14 ‘‘(iv) any other combination of factors 

15 considered appropriate by the contracting 

16 agency. 

17 ‘‘(C) TIMING.— 

18 ‘‘(i) IN GENERAL.—Prior to the com19 pletion of the environmental review process 

20 required under section 102 of the National 

21 Environmental Policy Act of 1969 (42 

22 U.S.C. 4332), a contracting agency may 

23 issue requests for proposals, proceed with 

24 the award of the first phase of construction 

25 manager or general contractor contract, and 
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1 issue notices to proceed with preliminary 

2 design, to the extent that those actions do 

3 not limit any reasonable range of alter4 natives. 

5 ‘‘(ii) NEPA PROCESS.— 

6 ‘‘(I) IN GENERAL.—A contracting 

7 agency shall not proceed with the 

8 award of the second phase, and shall 

9 not proceed, or permit any consultant 

10 or contractor to proceed, with final de11 sign or construction until completion 

12 of the environmental review process re13 quired under section 102 of the Na14 tional Environmental Policy Act of 

15 1969 (42 U.S.C. 4332). 

16 ‘‘(II) REQUIREMENT.—The Sec17 retary shall require that a contract in18 clude appropriate provisions to ensure 

19 achievement of the objectives of section 

20 102 of the National Environmental 

21 Policy Act of 1969 (42 U.S.C. 4332) 

22 and compliance with other applicable 

23 Federal laws and regulations occurs. 
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1 ‘‘(iii) SECRETARIAL APPROVAL.—Prior 

2 to authorizing construction activities, the 

3 Secretary shall approve— 

4 ‘‘(I) the estimate of the con5 tracting agency for the entire project; 

6 and 

7 ‘‘(II) any price agreement with 

8 the general contractor for the project or 

9 a portion of the project. 

10 ‘‘(iv) TERMINATION PROVISION.—The 

11 Secretary shall require a contract to include 

12 an appropriate termination provision in 

13 the event that a no-build alternative is se14 lected.’’. 

15 (b) REGULATIONS.—The Secretary shall promulgate 

16 such regulations as are necessary to carry out the amend17 ment made by subsection (a). 

18 (c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing 

19 in this section or the amendment made by this section af20 fects the authority to carry out, or any project carried out 

21 under, any experimental program concerning construction 

22 manager risk that is being carried out by the Secretary as 

23 of the date of enactment of this Act. 

24 SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS. 

25 (a) DECLARATION OF POLICY.— 
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1 (1) IN GENERAL.—Congress declares that it is in 

2 the national interest to promote the use of innovative 

3 technologies and practices that increase the efficiency 

4 of construction of, improve the safety of, and extend 

5 the service life of highways and bridges. 

6 (2) INCLUSIONS.—The innovative technologies 

7 and practices described in paragraph (1) include 

8 state-of-the-art intelligent transportation system tech9 nologies, elevated performance standards, and new 

10 highway construction business practices that improve 

11 highway safety and quality, accelerate project deliv12 ery, and reduce congestion related to highway con13 struction. 

14 (b) FEDERAL SHARE.—Section 120(c) of title 23, 

15 United States Code, is amended by adding at the end the 

16 following: 

17 ‘‘(3) INNOVATIVE PROJECT DELIVERY.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (C), the Federal share payable on 

20 account of a project or activity carried out with 

21 funds apportioned under paragraph (1), (2), or 

22 (5) of section 104(b) may, at the discretion of the 

23 State, be up to 100 percent for any such project, 

24 program, or activity that the Secretary deter25 mines— 
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1 ‘‘(i) contains innovative project deliv2 ery methods that improve work zone safety 

3 for motorists or workers and the quality of 

4 the facility; 

5 ‘‘(ii) contains innovative technologies, 

6 manufacturing processes, financing, or con7 tracting methods that improve the quality, 

8 extend the service life, or decrease the long9 term costs of maintaining highways and 

10 bridges; 

11 ‘‘(iii) accelerates project delivery while 

12 complying with other applicable Federal 

13 laws (including regulations) and not caus14 ing any significant adverse environmental 

15 impact; or 

16 ‘‘(iv) reduces congestion related to 

17 highway construction. 

18 ‘‘(B) EXAMPLES.—Projects, programs, and 

19 activities described in subparagraph (A) may in20 clude the use of— 

21 ‘‘(i) prefabricated bridge elements and 

22 systems and other technologies to reduce 

23 bridge construction time; 

24 ‘‘(ii) innovative construction equip25 ment, materials, or techniques, including 
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1 the use of in-place recycling technology and 

2 digital 3-dimensional modeling technologies; 

3 ‘‘(iii) innovative contracting methods, 

4 including the design-build and the construc5 tion manager-general contractor contracting 

6 methods; 

7 ‘‘(iv) intelligent compaction equip8 ment; or 

9 ‘‘(v) contractual provisions that offer a 

10 contractor an incentive payment for early 

11 completion of the project, program, or activ12 ity, subject to the condition that the incen13 tives are accounted for in the financial plan 

14 of the project, when applicable. 

15 ‘‘(C) LIMITATIONS.— 

16 ‘‘(i) IN GENERAL.—In each fiscal year, 

17 a State may use the authority under sub18 paragraph (A) for up to 10 percent of the 

19 combined apportionments of the State under 

20 paragraphs (1), (2), and (5) of section 

21 104(b). 

22 ‘‘(ii) FEDERAL SHARE INCREASE.—The 

23 Federal share payable on account of a 

24 project or activity described in subpara-
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1 graph (A) may be increased by up to 5 per2 cent of the total project cost.’’. 

3 SEC. 1305. ASSISTANCE TO AFFECTED STATE AND FEDERAL 

4 AGENCIES. 

5 Section 139(j) of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(6) MEMORANDUM OF UNDERSTANDING.—Prior 

8 to providing funds approved by the Secretary for 

9 dedicated staffing at an affected Federal agency under 

10 paragraphs (1) and (2), the affected Federal agency 

11 and the State agency shall enter into a memorandum 

12 of understanding that establishes the projects and pri13 orities to be addressed by the use of the funds.’’. 

14 SEC. 1306. APPLICATION OF CATEGORICAL EXCLUSIONS 

15 FOR MULTIMODAL PROJECTS. 

16 (a) IN GENERAL.—Section 304 of title 49, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 304. Application of categorical exclusions for 

19 multimodal projects 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) COOPERATING AUTHORITY.—The term ‘co22 operating authority’ means a Department of Trans23 portation operating authority that is not the lead au24 thority. 
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1 ‘‘(2) LEAD AUTHORITY.—The term ‘lead author2 ity’ means a Department of Transportation operating 

3 administration or secretarial office that— 

4 ‘‘(A) is the lead authority over a proposed 

5 multimodal project; and 

6 ‘‘(B) has determined that the components of 

7 the project that fall under the modal expertise of 

8 the lead authority— 

9 ‘‘(i) satisfy the conditions for a cat10 egorical exclusion under the National Envi11 ronmental Policy Act of 1969 (42 U.S.C. 

12 4321 et seq.) implementing regulations or 

13 procedures of the lead authority; and 

14 ‘‘(ii) do not require the preparation of 

15 an environmental assessment or an environ16 mental impact statement under that Act. 

17 ‘‘(3) MULTIMODAL PROJECT.—The term 

18 ‘multimodal project’ has the meaning given the term 

19 in section 139(a) of title 23. 

20 ‘‘(b) EXERCISE OF AUTHORITIES.—The authorities 

21 granted in this section may be exercised for a multimodal 

22 project, class of projects, or program of projects that are 

23 carried out under this title. 

24 ‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS FOR

25 MULTIMODAL PROJECTS.—When considering the environ-
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1 mental impacts of a proposed multimodal project, a lead 

2 authority may apply a categorical exclusion designated 

3 under the implementing regulations or procedures of a co4 operating authority for other components of the project, on 

5 the conditions that— 

6 ‘‘(1) the multimodal project is funded under 1 

7 grant agreement administered by the lead authority; 

8 ‘‘(2) the multimodal project has components that 

9 require the expertise of a cooperating authority to as10 sess the environmental impacts of the components; 

11 ‘‘(3) the component of the project to be covered 

12 by the categorical exclusion of the cooperating author13 ity has independent utility; 

14 ‘‘(4) the cooperating authority, in consultation 

15 with the lead authority, follows National Environ16 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

17 implementing regulations or procedures and deter18 mines that a categorical exclusion under that Act ap19 plies to the components; and 

20 ‘‘(5) the lead authority has determined that— 

21 ‘‘(A) the project, using the categorical exclu22 sions of the lead and cooperating authorities, 

23 does not individually or cumulatively have a sig24 nificant impact on the environment; and 
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1 ‘‘(B) extraordinary circumstances do not 

2 exist that merit further analysis and documenta3 tion in an environmental impact statement or 

4 environmental assessment required under the Na5 tional Environmental Policy Act of 1969 (42 

6 U.S.C. 4321 et seq.). 

7 ‘‘(d) MODAL COOPERATION.— 

8 ‘‘(1) IN GENERAL.—A cooperating authority 

9 shall provide modal expertise to a lead authority with 

10 administrative authority over a multimodal project 

11 on such aspects of the project in which the cooperating 

12 authority has expertise. 

13 ‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a 

14 case described in paragraph (1), the 1 or more cat15 egorical exclusions of a cooperating authority may be 

16 applied by the lead authority once the cooperating 

17 authority reviews the project on behalf of the lead au18 thority and determines the project satisfies the condi19 tions for a categorical exclusion under the National 

20 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

21 seq.) implementing regulations or procedures of the 

22 cooperating authority and this section.’’. 

23 (b) CONFORMING AMENDMENT.—The item relating to 

24 section 304 in the analysis for title 49, United States Code, 

25 is amended to read as follows: 

‘‘304. Application of categorical exclusions for multimodal projects.’’. 
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1 SEC. 1307. STATE ASSUMPTION OF RESPONSIBILITIES FOR 

2 CATEGORICAL EXCLUSIONS. 

3 Section 326 of title 23, United States Code, is amend4 ed— 

5 (1) by striking subsection (d) and inserting the 

6 following: 

7 ‘‘(d) TERMINATION.— 

8 ‘‘(1) TERMINATION BY THE SECRETARY.—The 

9 Secretary may terminate any assumption of responsi10 bility under a memorandum of understanding on a 

11 determination that the State is not adequately car12 rying out the responsibilities assigned to the State. 

13 ‘‘(2) TERMINATION BY THE STATE.—The State 

14 may terminate the participation of the State in the 

15 program at any time by providing to the Secretary 

16 a notice by not later than the date that is 90 days 

17 before the date of termination, and subject to such 

18 terms and conditions as the Secretary may provide.’’; 

19 and 

20 (2) by adding at the end the following: 

21 ‘‘(f) LEGAL FEES.—A State assuming the responsibil22 ities of the Secretary under this section for a specific project 

23 may use funds apportioned to the State under section 

24 104(b)(2) for attorneys fees directly attributable to eligible 

25 activities associated with the project.’’. 
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1 SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY 

2 PROGRAM. 

3 (a) IN GENERAL.—Section 327 of title 23, United 

4 States Code, is amended— 

5 (1) in the section heading by striking ‘‘PILOT’’; 

6 (2) in subsection (a)— 

7 (A) in paragraph (1) by striking ‘‘pilot’’; 

8 and 

9 (B) in paragraph (2)— 

10 ‘‘(i) in subparagraph (B)— 

11 ‘‘(I) in clause (i), by striking 

12 ‘but’; and 

13 ‘‘(II) by striking clause (ii) and 

14 inserting the following: 

15 ‘‘(ii) at the request of the State, the 

16 Secretary may also assign to the State, and 

17 the State may assume, the responsibilities of 

18 the Secretary with respect to 1 or more rail19 road, public transportation, or multimodal 

20 projects within the State under the National 

21 Environmental Policy Act of 1969 (42 

22 U.S.C. 4321 et seq.); 

23 ‘‘(iii) in a State that has assumed the 

24 responsibilities of the Secretary under 

25 clause (ii), a recipient of assistance under 

26 chapter 53 of title 49 may request that the 
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1 Secretary maintain the responsibilities of 

2 the Secretary with respect to 1 or more pub3 lic transportation projects within the State 

4 under the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 13 4321 et seq.); but 

6 ‘‘(iv) the Secretary may not assign— 

7 ‘‘(I) any responsibility imposed 

8 on the Secretary by section 134 or 135; 

9 or 

10 ‘‘(II) responsibility for any con11 formity determination required under 

12 section 176 of the Clean Air Act (42 

13 U.S.C. 7506).’’; and 

14 (i) by adding at the end the following: 

15 ‘‘(F) LEGAL FEES.—A State assuming the 

16 responsibilities of the Secretary under this sec17 tion for a specific project may use funds appor18 tioned to the State under section 104(b)(2) for 

19 attorneys fees directly attributable to eligible ac20 tivities associated with the project.’’; 

21 (3) in subsection (b)— 

22 (A) by striking paragraph (1); 

23 (B) by redesignating paragraphs (2) 

24 through (5) as paragraphs (1) through (4), re25 spectively; and 
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1 (C) in subparagraph (A) of paragraph (3) 

2 (as so redesignated) by striking ‘‘(2)’’ and insert3 ing ‘‘(1)’’; 

4 (4) in subsection (c)— 

5 (A) in paragraph (3)(D) by striking the pe6 riod at the end and inserting a semicolon; and 

7 (B) by adding at the end the following: 

8 ‘‘(4) require the State to provide to the Secretary 

9 any information the Secretary considers necessary to 

10 ensure that the State is adequately carrying out the 

11 responsibilities assigned to the State; 

12 ‘‘(5) require the Secretary— 

13 ‘‘(A) after a period of 5 years, to evaluate 

14 the ability of the State to carry out the responsi15 bility assumed under this section; 

16 ‘‘(B) if the Secretary determines that the 

17 State is not ready to effectively carry out the re18 sponsibilities the State has assumed, to reevalu19 ate the readiness of the State every 3 years, or 

20 at such other frequency as the Secretary con21 siders appropriate, after the initial 5-year eval22 uation, until the State is ready to assume the re23 sponsibilities on a permanent basis; and 

24 ‘‘(C) once the Secretary determines that the 

25 State is ready to permanently assume the re-
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1 sponsibilities of the Secretary, not to require any 

2 further evaluations; and 

3 ‘‘(6) require the State to provide the Secretary 

4 with any information, including regular written re5 ports, as the Secretary may require in conducting 

6 evaluations under paragraph (5).’’; 

7 (5) by striking subsection (g); 

8 (6) by redesignating subsections (h) and (i) as 

9 subsections (g) and (h), respectively; and 

10 (7) in subsection (h) (as so redesignated)— 

11 (A) by striking paragraph (1); 

12 (B) by redesignating paragraph (2) as 

13 paragraph (1); and 

14 (C) by inserting after paragraph (1) (as so 

15 redesignated) the following: 

16 ‘‘(2) TERMINATION BY THE STATE.—The State 

17 may terminate the participation of the State in the 

18 program at any time by providing to the Secretary 

19 a notice by not later than the date that is 90 days 

20 before the date of termination, and subject to such 

21 terms and conditions as the Secretary may provide.’’. 

22 (b) CONFORMING AMENDMENT.—The item relating to 

23 section 327 in the analysis of title 23, United States Code, 

24 is amended to read as follows: 

‘‘327. Surface transportation project delivery program.’’. 
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1 SEC. 1309. CATEGORICAL EXCLUSION FOR PROJECTS WITH2 IN THE RIGHT-OF-WAY. 

3 (a) IN GENERAL.—Not later than 30 days after the 

4 date of enactment of this Act, the Secretary shall publish 

5 a notice of proposed rulemaking for a categorical exclusion 

6 that meets the definitions (as in effect on that date) of sec7 tion 1508.4 of title 40, Code of Federal Regulations, and 

8 section 771.117 of title 23, Code of Federal Regulations, for 

9 a project (as defined in section 101(a) of title 23, United 

10 States Code)— 

11 (1) that is located solely within the right-of-way 

12 of an existing highway, such as new turn lanes and 

13 bus pull-offs; 

14 (2) that does not include the addition of a 

15 through lane or new interchange; and 

16 (3) for which the project sponsor demonstrates 

17 that the project— 

18 (A) is intended to improve safety, alleviate 

19 congestion, or improve air quality; or 

20 (B) would improve or maintain pavement 

21 or structural conditions or achieve a state of 

22 good repair. 

23 (b) NOTICE.—Not later than 60 days after the date of 

24 enactment of this Act, the Secretary shall publish a notice 

25 of proposed rulemaking to further define and implement 

26 subsection (a) within subsection (c) or (d) of section 771.117 
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1 of title 23, Code of Federal Regulations (as in effect on the 

2 date of enactment of the MAP–21). 

3 SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDITIONAL 

4 CATEGORICAL EXCLUSIONS. 

5 (a) IN GENERAL.—Not later than 60 days after the 

6 date of enactment of this Act, the Secretary shall— 

7 (1) survey the use by the Department of Trans8 portation of categorical exclusions in transportation 

9 projects since 2005; 

10 (2) publish a review of the survey that includes 

11 a description of— 

12 (A) the types of actions categorically ex13 cluded; and 

14 (B) any requests previously received by the 

15 Secretary for new categorical exclusions; and 

16 (3) solicit requests from State departments of 

17 transportation, transit authorities, metropolitan 

18 planning organizations, or other government agencies 

19 for new categorical exclusions. 

20 (b) NEW CATEGORICAL EXCLUSIONS.—Not later than 

21 120 days after the date of enactment of this Act, the Sec22 retary shall publish a notice of proposed rulemaking to pro23 pose new categorical exclusions received by the Secretary 

24 under subsection (a), to the extent that the categorical exclu25 sions meet the criteria for a categorical exclusion under sec-
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1 tion 1508.4 of title 40, Code of Federal Regulations and 

2 section 771.117(a) of title 23, Code of Federal Regulations 

3 (as those regulations are in effect on the date of the notice). 

4 (c) ADDITIONAL ACTIONS.—The Secretary shall issue 

5 a proposed rulemaking to move the following types of ac6 tions from subsection (d) of section 771.117 of title 23, Code 

7 of Federal Regulations (as in effect on the date of enactment 

8 of this Act), to subsection (c) of that section, to the extent 

9 that such movement complies with the criteria for a categor10 ical exclusion under section 1508.4 of title 40, Code of Fed11 eral Regulations (as in effect on the date of enactment of 

12 this Act): 

13 (1) Modernization of a highway by resurfacing, 

14 restoration, rehabilitation, reconstruction, adding 

15 shoulders, or adding auxiliary lanes (including park16 ing, weaving, turning, and climbing). 

17 (2) Highway safety or traffic operations im18 provement projects, including the installation of ramp 

19 metering control devices and lighting. 

20 (3) Bridge rehabilitation, reconstruction, or re21 placement or the construction of grade separation to 

22 replace existing at-grade railroad crossings. 

23 (d) PROGRAMMATIC AGREEMENTS.— 

24 (1) IN GENERAL.—The Secretary shall seek op25 portunities to enter into programmatic agreements 
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1 with the States that establish efficient administrative 

2 procedures for carrying out environmental and other 

3 required project reviews. 

4 (2) INCLUSIONS.—Programmatic agreements au5 thorized under paragraph (1) may include agreements 

6 that allow a State to determine on behalf of the Fed7 eral Highway Administration whether a project is 

8 categorically excluded from the preparation of an en9 vironmental assessment or environmental impact 

10 statement under the National Environmental Policy 

11 Act of 1969 (42 U.S.C. 4321 et seq.). 

12 (3) DETERMINATIONS.—An agreement described 

13 in paragraph (2) may include determinations by the 

14 Secretary of the types of projects categorically ex15 cluded (consistent with section 1508.4 of title 40, Code 

16 of Federal Regulations) in the State in addition to 

17 the types listed in subsections (c) and (d) of section 

18 771.117 of title 23, Code of Federal Regulations (as 

19 in effect on the date of enactment of this Act). 

20 SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRON21 MENTAL REVIEWS. 

22 (a) IN GENERAL.—When preparing a final environ23 mental impact statement under the National Environ24 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the 

25 lead agency makes changes in response to comments that 
399 

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1 are minor and are confined to factual corrections or expla2 nations of why the comments do not warrant further agency 

3 response, the lead agency may write on errata sheets at4 tached to the statement instead of rewriting the draft state5 ment, on the condition that the errata sheets— 

6 (1) cite the sources, authorities, or reasons that 

7 support the position of the agency; and 

8 (2) if appropriate, indicate the circumstances 

9 that would trigger agency reappraisal or further re10 sponse. 

11 (b) INCORPORATION.—To the maximum extent prac12 ticable, the lead agency shall expeditiously develop a single 

13 document that consists of a final environmental impact 

14 statement and a record of decision unless— 

15 (1) the final environmental impact statement 

16 makes substantial changes to the proposed action that 

17 are relevant to environmental or safety concerns; or 

18 (2) there are significant new circumstances or 

19 information relevant to environmental concerns and 

20 that bear on the proposed action or the impacts of the 

21 proposed action. 

22 SEC. 1312. MEMORANDA OF AGENCY AGREEMENTS FOR 

23 EARLY COORDINATION. 

24 (a) IN GENERAL.—It is the sense of Congress that— 
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1 (1) the Secretary and other Federal agencies 

2 with relevant jurisdiction in the environmental re3 view process should cooperate with each other and 

4 other agencies on environmental review and project 

5 delivery activities at the earliest practicable time to 

6 avoid delays and duplication of effort later in the 

7 process, head off potential conflicts, and ensure that 

8 planning and project development decisions reflect en9 vironmental values; and 

10 (2) such cooperation should include the develop11 ment of policies and the designation of staff that ad12 vise planning agencies or project sponsors of studies 

13 or other information foreseeably required for later 

14 Federal action and early consultation with appro15 priate State and local agencies and Indian tribes. 

16 (b) TECHNICAL ASSISTANCE.—If requested at any time 

17 by a State or local planning agency, the Secretary and 

18 other Federal agencies with relevant jurisdiction in the en19 vironmental review process, shall, to the extent practicable 

20 and appropriate, as determined by the agencies, provide 

21 technical assistance to the State or local planning agency 

22 on accomplishing the early coordination activities described 

23 in subsection (d). 

24 (c) MEMORANDUM OF AGENCY AGREEMENT.—If re25 quested at any time by a State or local planning agency, 
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1 the lead agency, in consultation with other Federal agencies 

2 with relevant jurisdiction in the environmental review proc3 ess, may establish memoranda of agreement with the project 

4 sponsor, State, and local governments and other appro5 priate entities to accomplish the early coordination activi6 ties described in subsection (d). 

7 (d) EARLY COORDINATION ACTIVITIES.—Early coordi8 nation activities shall include, to the maximum extent prac9 ticable, the following: 

10 (1) Technical assistance on identifying potential 

11 impacts and mitigation issues in an integrated fash12 ion. 

13 (2) The potential appropriateness of using plan14 ning products and decisions in later environmental 

15 reviews. 

16 (3) The identification and elimination from de17 tailed study in the environmental review process of 

18 the issues that are not significant or that have been 

19 covered by prior environmental reviews. 

20 (4) The identification of other environmental re21 view and consultation requirements so that the lead 

22 and cooperating agencies may prepare, as appro23 priate, other required analyses and studies concur24 rently with planning activities. 
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1 (5) The identification by agencies with jurisdic2 tion over any permits related to the project of any 

3 and all relevant information that will reasonably be 

4 required for the project. 

5 (6) The reduction of duplication between require6 ments under the National Environmental Policy Act 

7 of 1969 (42 U.S.C. 4321 et seq.) and State and local 

8 planning and environmental review requirements, un9 less the agencies are specifically barred from doing so 

10 by applicable law. 

11 (7) Timelines for the completion of agency ac12 tions during the planning and environmental review 

13 processes. 

14 (8) Other appropriate factors. 

15 SEC. 1313. ACCELERATED DECISIONMAKING. 

16 Section 139(h) of title 23, United States Code, is 

17 amended by striking paragraph (4) and inserting the fol18 lowing: 

19 ‘‘(4) INTERIM DECISION ON ACHIEVING ACCELER20 ATED DECISIONMAKING.— 

21 ‘‘(A) IN GENERAL.—Not later than 30 days 

22 after the close of the public comment period on 

23 a draft environmental impact statement, the Sec24 retary may convene a meeting with the project 

25 sponsor, lead agency, resource agencies, and any 
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1 relevant State agencies to ensure that all parties 

2 are on schedule to meet deadlines for decisions to 

3 be made regarding the project. 

4 ‘‘(B) DEADLINES.—The deadlines referred 

5 to in subparagraph (A) shall be those established 

6 under subsection (g), or any other deadlines es7 tablished by the lead agency, in consultation 

8 with the project sponsor and other relevant agen9 cies. 

10 ‘‘(C) FAILURE TO ASSURE.—If the relevant 

11 agencies cannot provide reasonable assurances 

12 that the deadlines described in subparagraph (B) 

13 will be met, the Secretary may initiate the issue 

14 resolution and referral process described under 

15 paragraph (5) and before the completion of the 

16 record of decision. 

17 ‘‘(5) ACCELERATED ISSUE RESOLUTION AND RE18 FERRAL.— 

19 ‘‘(A) AGENCY ISSUE RESOLUTION MEET20 ING.— 

21 ‘‘(i) IN GENERAL.—A Federal agency 

22 of jurisdiction, project sponsor, or the Gov23 ernor of a State in which a project is lo24 cated may request an issue resolution meet25 ing to be conducted by the lead agency. 
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1 ‘‘(ii) ACTION BY LEAD AGENCY.—The 

2 lead agency shall convene an issue resolu3 tion meeting under clause (i) with the rel4 evant participating agencies and the project 

5 sponsor, including the Governor only if the 

6 meeting was requested by the Governor, to 

7 resolve issues that could— 

8 ‘‘(I) delay completion of the envi9 ronmental review process; or 

10 ‘‘(II) result in denial of any ap11 provals required for the project under 

12 applicable laws. 

13 ‘‘(iii) DATE.—A meeting requested 

14 under this subparagraph shall be held by 

15 not later than 21 days after the date of re16 ceipt of the request for the meeting, unless 

17 the lead agency determines that there is 

18 good cause to extend the time for the meet19 ing. 

20 ‘‘(iv) NOTIFICATION.—On receipt of a 

21 request for a meeting under this subpara22 graph, the lead agency shall notify all rel23 evant participating agencies of the request, 

24 including the issue to be resolved, and the 

25 date for the meeting. 
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1 ‘‘(v) DISPUTES.—If a relevant partici2 pating agency with jurisdiction over an ap3 proval required for a project under applica4 ble law determines that the relevant infor5 mation necessary to resolve the issue has not 

6 been obtained and could not have been ob7 tained within a reasonable time, but the 

8 lead agency disagrees, the resolution of the 

9 dispute shall be forwarded to the heads of 

10 the relevant agencies for resolution. 

11 ‘‘(vi) CONVENTION BY LEAD AGENCY.— 

12 A lead agency may convene an issue resolu13 tion meeting under this subsection at any 

14 time without the request of the Federal 

15 agency of jurisdiction, project sponsor, or 

16 the Governor of a State. 

17 ‘‘(B) ELEVATION OF ISSUE RESOLUTION.— 

18 ‘‘(i) IN GENERAL.—If issue resolution 

19 is not achieved by not later than 30 days 

20 after the date of a relevant meeting under 

21 subparagraph (A), the Secretary shall no22 tify the lead agency, the heads of the rel23 evant participating agencies, and the 

24 project sponsor (including the Governor 

25 only if the initial issue resolution meeting 
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1 request came from the Governor) that an 

2 issue resolution meeting will be convened. 

3 ‘‘(ii) REQUIREMENTS.—The Secretary 

4 shall identify the issues to be addressed at 

5 the meeting and convene the meeting not 

6 later than 30 days after the date of issuance 

7 of the notice. 

8 ‘‘(C) REFERRAL OF ISSUE RESOLUTION.— 

9 ‘‘(i) REFERRAL TO COUNCIL ON ENVI10 RONMENTAL QUALITY.— 

11 ‘‘(I) IN GENERAL.—If resolution 

12 is not achieved by not later than 30 

13 days after the date of an issue resolu14 tion meeting under subparagraph (B), 

15 the Secretary shall refer the matter to 

16 the Council on Environmental Quality. 

17 ‘‘(II) MEETING.—Not later than 

18 30 days after the date of receipt of a 

19 referral from the Secretary under sub20 clause (I), the Council on Environ21 mental Quality shall hold an issue res22 olution meeting with the lead agency, 

23 the heads of relevant participating 

24 agencies, and the project sponsor (in25 cluding the Governor only if an initial 
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1 request for an issue resolution meeting 

2 came from the Governor). 

3 ‘‘(ii) REFERRAL TO THE PRESIDENT.— 

4 If a resolution is not achieved by not later 

5 than 30 days after the date of the meeting 

6 convened by the Council on Environmental 

7 Quality under clause (i)(II), the Secretary 

8 shall refer the matter directly to the Presi9 dent. 

10 ‘‘(6) FINANCIAL TRANSFER PROVISIONS.— 

11 ‘‘(A) IN GENERAL.—A Federal agency of ju12 risdiction over an approval required for a 

13 project under applicable laws shall complete any 

14 required approval on an expeditious basis using 

15 the shortest existing applicable process. 

16 ‘‘(B) FAILURE TO DECIDE.— 

17 ‘‘(i) IN GENERAL.—If an agency de18 scribed in subparagraph (A) fails to render 

19 a decision under any Federal law relating 

20 to a project that requires the preparation of 

21 an environmental impact statement or envi22 ronmental assessment, including the 

23 issuance or denial of a permit, license, or 

24 other approval by the date described in 

25 clause (ii), the agency shall transfer from 
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1 the applicable office of the head of the agen2 cy, or equivalent office to which the author3 ity for rendering the decision has been dele4 gated by law, to the agency or division 

5 charged with rendering a decision regarding 

6 the application, by not later than 1 day 

7 after the applicable date under clause (ii), 

8 and once each week thereafter until a final 

9 decision is rendered, subject to subpara10 graph (C)— 

11 ‘‘(I) $20,000 for any project for 

12 which an annual financial plan under 

13 section 106(i) is required; or 

14 ‘‘(II) $10,000 for any other 

15 project requiring preparation of an en16 vironmental assessment or environ17 mental impact statement. 

18 ‘‘(ii) DESCRIPTION OF DATE.—The 

19 date referred to in clause (i) is the later 

20 of— 

21 ‘‘(I) the date that is 180 days 

22 after the date on which an application 

23 for the permit, license, or approval is 

24 complete; and 
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1 ‘‘(II) the date that is 180 days 

2 after the date on which the Federal 

3 lead agency issues a decision on the 

4 project under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.). 

7 ‘‘(C) LIMITATIONS.— 

8 ‘‘(i) IN GENERAL.—No transfer of 

9 funds under subparagraph (B) relating to 

10 an individual project shall exceed, in any 

11 fiscal year, an amount equal to 1 percent of 

12 the funds made available for the applicable 

13 agency office. 

14 ‘‘(ii) FAILURE TO DECIDE.—The total 

15 amount transferred in a fiscal year as a re16 sult of a failure by an agency to make a de17 cision by an applicable deadline shall not 

18 exceed an amount equal to 5 percent of the 

19 funds made available for the applicable 

20 agency office for that fiscal year. 

21 ‘‘(D) TREATMENT.—The transferred funds 

22 shall only be available to the agency or division 

23 charged with rendering the decision as addi24 tional resources, pursuant to subparagraph (F). 
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1 ‘‘(E) NO FAULT OF AGENCY.—A transfer of 

2 funds under this paragraph shall not be made if 

3 the agency responsible for rendering the decision 

4 certifies that— 

5 ‘‘(i) the agency has not received nec6 essary information or approvals from an7 other entity, such as the project sponsor, in 

8 a manner that affects the ability of the 

9 agency to meet any requirements under 

10 State, local, or Federal law; or 

11 ‘‘(ii) significant new information or 

12 circumstances, including a major modifica13 tion to an aspect of the project, requires ad14 ditional analysis for the agency to make a 

15 decision on the project application. 

16 ‘‘(F) TREATMENT OF FUNDS.— 

17 ‘‘(i) IN GENERAL.—Funds transferred 

18 under this paragraph shall supplement re19 sources available to the agency or division 

20 charged with making a decision for the pur21 pose of expediting permit reviews. 

22 ‘‘(ii) AVAILABILITY.—Funds trans23 ferred under this paragraph shall be avail24 able for use or obligation for the same pe25 riod that the funds were originally author-
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1 ized or appropriated, plus 1 additional fis2 cal year. 

3 ‘‘(iii) LIMITATION.—The Federal agen4 cy with jurisdiction for the decision that 

5 has transferred the funds pursuant to this 

6 paragraph shall not reprogram funds to the 

7 office of the head of the agency, or equiva8 lent office, to reimburse that office for the 

9 loss of the funds. 

10 ‘‘(G) AUDITS.—In any fiscal year in which 

11 any Federal agency transfers funds pursuant to 

12 this paragraph, the Inspector General of that 

13 agency shall— 

14 ‘‘(i) conduct an audit to assess compli15 ance with the requirements of this para16 graph; and 

17 ‘‘(ii) not later than 120 days after the 

18 end of the fiscal year during which the 

19 transfer occurred, submit to the Committee 

20 on Environment and Public Works of the 

21 Senate and any other appropriate congres22 sional committees a report describing the 

23 reasons why the transfers were levied, in24 cluding allocations of resources. 
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1 ‘‘(H) EFFECT OF PARAGRAPH.—Nothing in 

2 this paragraph affects or limits the application 

3 of, or obligation to comply with, any Federal, 

4 State, local, or tribal law. 

5 ‘‘(I) AUTHORITY FOR INTRA-AGENCY TRANS6 FER OF FUNDS.—The requirement provided 

7 under this paragraph for a Federal agency to 

8 transfer or reallocate funds of the Federal agency 

9 in accordance with subparagraph (B)(i)— 

10 ‘‘(i) shall be treated by the Federal 

11 agency as a requirement and authority con12 sistent with any applicable original law es13 tablishing and authorizing the agency; but 

14 ‘‘(ii) does not provide to the Federal 

15 agency the authority to require or determine 

16 the intra-agency transfer or reallocation of 

17 funds that are provided to or are within 

18 any other Federal agency. 

19 ‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.—To 

20 ensure that Federal environmental decisions and re21 views are expeditiously made— 

22 ‘‘(A) adequate resources made available 

23 under this title shall be devoted to ensuring that 

24 applicable environmental reviews under the Na25 tional Environmental Policy Act of 1969 (42 
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1 U.S.C. 4321 et seq.) are completed on an expedi2 tious basis and that the shortest existing applica3 ble process under that Act is implemented; and 

4 ‘‘(B) the President shall submit to the Com5 mittee on Transportation and Infrastructure of 

6 the House of Representatives and the Committee 

7 on Environment and Public Works of the Senate, 

8 not less frequently than once every 120 days 

9 after the date of enactment of the MAP–21, a re10 port on the status and progress of the following 

11 projects and activities funded under this title 

12 with respect to compliance with applicable re13 quirements under the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4321 et seq.): 

15 ‘‘(i) Projects and activities required to 

16 prepare an annual financial plan under 

17 section 106(i). 

18 ‘‘(ii) A sample of not less than 5 per19 cent of the projects requiring preparation of 

20 an environmental impact statement or envi21 ronmental assessment in each State.’’. 

22 SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE. 

23 (a) ESTABLISHMENT.—For grant programs under 

24 which funds are distributed by formula by the Department 

25 of Transportation, the Secretary shall establish an initia-
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1 tive to review and develop consistent procedures for environ2 mental permitting and procurement requirements. 

3 (b) REPORT.—The Secretary shall publish the results 

4 of the initiative described in subsection (a) in an electroni5 cally accessible format. 

6 SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEM7 ONSTRATION PROGRAM. 

8 (a) PAYMENT DEMONSTRATION PROGRAM.— 

9 (1) IN GENERAL.—Except as otherwise provided 

10 in this section, for the purpose of identifying improve11 ments in the timeliness of providing relocation assist12 ance to persons displaced by Federal or federally as13 sisted programs and projects, the Secretary may allow 

14 not more than 5 States to participate in an alter15 native relocation payment demonstration program 

16 under which payments to displaced persons eligible 

17 for relocation assistance pursuant to the Uniform Re18 location Assistance and Real Property Acquisition 

19 Policies Act of 1970 (42 U.S.C. 4601 et seq.) (includ20 ing implementing regulations), are calculated based 

21 on reasonable estimates and paid in advance of the 

22 physical displacement of the displaced person. 

23 (2) TIMING OF PAYMENTS.—Relocation assist24 ance payments for projects carried out under an ap25 proved State demonstration program may be provided 
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1 to the displaced person at the same time as payments 

2 of just compensation for real property acquired for 

3 the program or project of the State. 

4 (3) COMBINING OF PAYMENTS.—Payments for re5 location and just compensation may be combined into 

6 a single unallocated amount. 

7 (b) CRITERIA.— 

8 (1) IN GENERAL.—After public notice and an op9 portunity to comment, the Secretary shall adopt cri10 teria for carrying out the alternative relocation pay11 ment demonstration program. 

12 (2) CONDITIONS.— 

13 (A) IN GENERAL.—Conditions for State 

14 participation in the demonstration program 

15 shall include the conditions described in sub16 paragraphs (B) through (E). 

17 (B) MEMORANDUM OF AGREEMENT.—A 

18 State wishing to participate in the demonstra19 tion program shall be required to enter into a 

20 memorandum of agreement with the Secretary 

21 that includes provisions relating to— 

22 (i) the selection of projects or programs 

23 within the State to which the alternative re24 location payment process will be applied; 
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1 (ii) program and project-level moni2 toring; 

3 (iii) performance measurement; 

4 (iv) reporting; and 

5 (v) the circumstances under which the 

6 Secretary may terminate the demonstration 

7 program of the State before the end of the 

8 program term. 

9 (C) TERM OF DEMONSTRATION PROGRAM.— 

10 Except as provided in subparagraph (B)(v), the 

11 demonstration program of the State may con12 tinue for up to 3 years after the date on which 

13 the Secretary executes the memorandum of agree14 ment. 

15 (D) DISPLACED PERSONS.— 

16 (i) IN GENERAL.—Displaced persons 

17 affected by a project included in the dem18 onstration program of the State shall be in19 formed in writing in a format that is clear 

20 and easily understandable that the reloca21 tion payments that the displaced persons re22 ceive under the demonstration program may 

23 be higher or lower than the amount that the 

24 displaced persons would receive under the 

25 standard relocation assistance process. 
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1 (ii) ALTERNATIVE PROCESS.—Dis2 placed persons shall be informed— 

3 (I) of the right of the displaced 

4 persons not to participate in the dem5 onstration program; and 

6 (II) that the alternative relocation 

7 payment process can be used only if 

8 the displaced person agrees in writing. 

9 (iii) ASSISTANCE.—The displacing 

10 agency shall provide any displaced person 

11 who elects not to participate in the dem12 onstration program with relocation assist13 ance in accordance with the Uniform Relo14 cation Assistance and Real Property Acqui15 sition Policies Act of 1970 (42 U.S.C. 4601 

16 et seq.) (including implementing regula17 tions). 

18 (E) OTHER DISPLACEMENTS.— 

19 (i) IN GENERAL.—If other Federal 

20 agencies plan displacements in or adjacent 

21 to a demonstration program project area 

22 within the same time period as the project 

23 acquisition and relocation actions of the 

24 demonstration program, the Secretary shall 
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1 adopt measures to protect against incon2 sistent treatment of displaced persons. 

3 (ii) INCLUSION.—Measures described 

4 in clause (i) may include a determination 

5 that the demonstration program authority 

6 may not be used on a particular project. 

7 (c) REPORT.— 

8 (1) IN GENERAL.—The Secretary shall submit to 

9 Congress— 

10 (A) at least every 18 months after the date 

11 of enactment of this Act, a report on the progress 

12 and results of the demonstration program; and 

13 (B) not later than 1 year after all State 

14 demonstration programs have ended, a final re15 port. 

16 (2) REQUIREMENTS.—The final report shall in17 clude an evaluation by the Secretary of the merits of 

18 the alternative relocation payment demonstration 

19 program, including the effects of the demonstration 

20 program on— 

21 (A) displaced persons and the protections 

22 afforded to displaced persons by the Uniform Re23 location Assistance and Real Property Acquisi24 tion Policies Act of 1970 (42 U.S.C. 4601 et 

25 seq.); 
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1 (B) the efficiency of the delivery of Federal2 aid highway projects and overall effects on the 

3 Federal-aid highway program; and 

4 (C) the achievement of the purposes of the 

5 Uniform Relocation Assistance and Real Prop6 erty Acquisition Policies Act of 1970 (42 U.S.C. 

7 4601 et seq.). 

8 (d) LIMITATION.—The authority of this section may 

9 be used only on projects funded under title 23, United 

10 States Code, in cases in which the funds are administered 

11 by the Federal Highway Administration. 

12 (e) AUTHORITY.—The authority of the Secretary to ap13 prove an alternate relocation payment demonstration pro14 gram for a State terminates on the date that is 3 years 

15 after the date of enactment of this Act 

16 SEC. 1316. REVIEW OF FEDERAL PROJECT AND PROGRAM 

17 DELIVERY. 

18 (a) COMPLETION TIME ASSESSMENTS AND RE19 PORTS.— 

20 (1) IN GENERAL.—For projects funded under 

21 title 23, United States Code, the Secretary shall com22 pare— 

23 (A)(i) the completion times of categorical 

24 exclusions, environmental assessments, and envi-
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1 ronmental impact statements initiated after cal2 endar year 2005; to 

3 (ii) the completion times of categorical ex4 clusions, environmental assessments, and envi5 ronmental impact statements initiated during a 

6 period prior to calendar year 2005; and 

7 (B)(i) the completion times of categorical 

8 exclusions, environmental assessments, and envi9 ronmental impact statements initiated during 

10 the period beginning on January 1, 2005, and 

11 ending on the date of enactment of this Act; to 

12 (ii) the completion times of categorical ex13 clusions, environmental assessments, and envi14 ronmental impact statements initiated after the 

15 date of enactment of this Act. 

16 (2) REPORT.—The Secretary shall submit to the 

17 Committee on Transportation and Infrastructure of 

18 the House of Representatives and the Committee on 

19 Environment and Public Works of the Senate a re20 port— 

21 (A) not later than 1 year after the date of 

22 enactment of this Act that— 

23 (i) describes the results of the review 

24 conducted under paragraph (1)(A); and 
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1 (ii) identifies any change in the timing 

2 for completions, including the reasons for 

3 any such change and the reasons for delays 

4 in excess of 5 years; and 

5 (B) not later than 5 years after the date of 

6 enactment of this Act that— 

7 (i) describes the results of the review 

8 conducted under paragraph (1)(B); and 

9 (ii) identifies any change in the timing 

10 for completions, including the reasons for 

11 any such change and the reasons for delays 

12 in excess of 5 years. 

13 (b) ADDITIONAL REPORT.—Not later than 2 years 

14 after the date of enactment of this Act, the Secretary shall 

15 submit to the Committee on Transportation and Infrastruc16 ture of the House of Representatives and the Committee on 

17 Environment and Public Works of the Senate a report on 

18 the types and justification for the additional categorical ex19 clusions granted under the authority provided under sec20 tions 1309 and 1310. 

21 (c) GAO REPORT.—The Comptroller General of the 

22 United States shall— 

23 (1) assess the reforms carried out under sections 

24 1301 through 1315 (including the amendments made 

25 by those sections); and 
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1 (2) not later than 5 years after the date of enact2 ment of this Act, submit to the Committee on Trans3 portation and Infrastructure of the House of Rep4 resentatives and the Committee on Environment and 

5 Public Works of the Senate a report that describes the 

6 results of the assessment. 

7 (d) INSPECTOR GENERAL REPORT.—The Inspector 

8 General of the Department of Transportation shall— 

9 (1) assess the reforms carried out under sections 

10 1301 through 1315 (including the amendments made 

11 by those sections); and 

12 (2) submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives 

14 and the Committee on Environment and Public 

15 Works of the Senate— 

16 (A) not later than 2 years after the date of 

17 enactment of this Act, an initial report of the 

18 findings of the Inspector General; and 

19 (B) not later than 4 years after the date of 

20 enactment of this Act, a final report of the find21 ings. 

22 Subtitle D—Highway Safety 

23 SEC. 1401. JASON’S LAW. 

24 (a) IN GENERAL.—It is the sense of Congress that it 

25 is a national priority to address projects under this section 
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1 for the shortage of long-term parking for commercial motor 

2 vehicles on the National Highway System to improve the 

3 safety of motorized and nonmotorized users and for com4 mercial motor vehicle operators. 

5 (b) ELIGIBLE PROJECTS.—Eligible projects under this 

6 section are those that— 

7 (1) serve the National Highway System; and 

8 (2) may include the following: 

9 (A) Constructing safety rest areas (as de10 fined in section 120(c) of title 23, United States 

11 Code) that include parking for commercial motor 

12 vehicles. 

13 (B) Constructing commercial motor vehicle 

14 parking facilities adjacent to commercial truck 

15 stops and travel plazas. 

16 (C) Opening existing facilities to commer17 cial motor vehicle parking, including inspection 

18 and weigh stations and park-and-ride facilities. 

19 (D) Promoting the availability of publicly 

20 or privately provided commercial motor vehicle 

21 parking on the National Highway System using 

22 intelligent transportation systems and other 

23 means. 
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1 (E) Constructing turnouts along the Na2 tional Highway System for commercial motor 

3 vehicles. 

4 (F) Making capital improvements to public 

5 commercial motor vehicle parking facilities cur6 rently closed on a seasonal basis to allow the fa7 cilities to remain open year-round. 

8 (G) Improving the geometric design of 

9 interchanges on the National Highway System to 

10 improve access to commercial motor vehicle 

11 parking facilities. 

12 (c) SURVEY AND COMPARATIVE ASSESSMENT.— 

13 (1) IN GENERAL.—The Secretary, in consultation 

14 with relevant State motor carrier safety personnel, 

15 shall conduct a survey regarding the availability of 

16 parking facilities within each State— 

17 (A) to evaluate the capability of the State 

18 to provide adequate parking and rest facilities 

19 for motor carriers engaged in interstate motor 

20 carrier service; 

21 (B) to assess the volume of motor carrier 

22 traffic through the State; and 

23 (C) to develop a system of metrics to meas24 ure the adequacy of parking facilities in the 

25 State. 
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1 (2) RESULTS.—The results of the survey under 

2 paragraph (1) shall be made available to the public 

3 on the website of the Department of Transportation. 

4 (3) PERIODIC UPDATES.—The Secretary shall 

5 periodically update the survey under this subsection. 

6 (d) TREATMENT OF PROJECTS.—Notwithstanding any 

7 other provision of law, projects funded through the author8 ity provided under this section shall be treated as projects 

9 on a Federal-aid highway under chapter 1 of title 23, 

10 United States Code. 

11 SEC. 1402. OPEN CONTAINER REQUIREMENTS. 

12 Section 154(c) of title 23, United States Code, is 

13 amended— 

14 (1) by striking paragraph (2) and inserting the 

15 following: 

16 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

17 ‘‘(A) RESERVATION OF FUNDS.—On October 

18 1, 2011, and each October 1 thereafter, if a State 

19 has not enacted or is not enforcing an open con20 tainer law described in subsection (b), the Sec21 retary shall reserve an amount equal to 2.5 per22 cent of the funds to be apportioned to the State 

23 on that date under each of paragraphs (1) and 

24 (2) of section 104(b) until the State certifies to 

25 the Secretary the means by which the State will 
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1 use those reserved funds in accordance with sub2 paragraphs (A) and (B) of paragraph (1) and 

3 paragraph (3). 

4 ‘‘(B) TRANSFER OF FUNDS.—As soon as 

5 practicable after the date of receipt of a certifi6 cation from a State under subparagraph (A), the 

7 Secretary shall— 

8 ‘‘(i) transfer the reserved funds identi9 fied by the State for use as described in sub10 paragraphs (A) and (B) of paragraph (1) to 

11 the apportionment of the State under sec12 tion 402; and 

13 ‘‘(ii) release the reserved funds identi14 fied by the State as described in paragraph 

15 (3).’’; 

16 (2) by striking paragraph (3) and inserting the 

17 following: 

18 ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT

19 PROGRAM.— 

20 ‘‘(A) IN GENERAL.—A State may elect to 

21 use all or a portion of the funds transferred 

22 under paragraph (2) for activities eligible under 

23 section 148. 

24 ‘‘(B) STATE DEPARTMENTS OF TRANSPOR25 TATION.—If the State makes an election under 
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1 subparagraph (A), the funds shall be transferred 

2 to the department of transportation of the State, 

3 which shall be responsible for the administration 

4 of the funds.’’; and 

5 (3) by striking paragraph (5) and inserting the 

6 following: 

7 ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS8 FERRED.—The amount to be transferred under para9 graph (2) may be derived from the following: 

10 ‘‘(A) The apportionment of the State under 

11 section 104(b)(l). 

12 ‘‘(B) The apportionment of the State under 

13 section 104(b)(2).’’. 

14 SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

15 FOR DRIVING WHILE INTOXICATED OR DRIV16 ING UNDER THE INFLUENCE. 

17 (a) DEFINITIONS.—Section 164(a) of title 23, United 

18 States Code, is amended— 

19 (1) by striking paragraph (3); 

20 (2) by redesignating paragraphs (4) and (5) as 

21 paragraphs (3) and (4), respectively; and 

22 (3) in paragraph (4) (as so redesignated) by 

23 striking subparagraph (A) and inserting the fol24 lowing: 

25 ‘‘(A) receive— 
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1 ‘‘(i) a suspension of all driving privi2 leges for not less than 1 year; or 

3 ‘‘(ii) a suspension of unlimited driving 

4 privileges for 1 year, allowing for the rein5 statement of limited driving privileges sub6 ject to restrictions and limited exemptions 

7 as established by State law, if an ignition 

8 interlock device is installed for not less than 

9 1 year on each of the motor vehicles owned 

10 or operated, or both, by the individual;’’. 

11 (b) TRANSFER OF FUNDS.—Section 164(b) of title 23, 

12 United States Code, is amended— 

13 (1) by striking paragraph (2) and inserting the 

14 following: 

15 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

16 ‘‘(A) RESERVATION OF FUNDS.—On October 

17 1, 2011, and each October 1 thereafter, if a State 

18 has not enacted or is not enforcing a repeat in19 toxicated driver law, the Secretary shall reserve 

20 an amount equal to 2.5 percent of the funds to 

21 be apportioned to the State on that date under 

22 each of paragraphs (1) and (2) of section 104(b) 

23 until the State certifies to the Secretary the 

24 means by which the States will use those reserved 

25 funds among the uses authorized under subpara-
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1 graphs (A) and (B) of paragraph (1), and para2 graph (3). 

3 ‘‘(B) TRANSFER OF FUNDS.—As soon as 

4 practicable after the date of receipt of a certifi5 cation from a State under subparagraph (A), the 

6 Secretary shall— 

7 ‘‘(i) transfer the reserved funds identi8 fied by the State for use as described in sub9 paragraphs (A) and (B) of paragraph (1) to 

10 the apportionment of the State under sec11 tion 402; and 

12 ‘‘(ii) release the reserved funds identi13 fied by the State as described in paragraph 

14 (3).’’; 

15 (2) by striking paragraph (3) and inserting the 

16 following: 

17 ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT

18 PROGRAM.— 

19 ‘‘(A) IN GENERAL.—A State may elect to 

20 use all or a portion of the funds transferred 

21 under paragraph (2) for activities eligible under 

22 section 148. 

23 ‘‘(B) STATE DEPARTMENTS OF TRANSPOR24 TATION.—If the State makes an election under 

25 subparagraph (A), the funds shall be transferred 
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1 to the department of transportation of the State, 

2 which shall be responsible for the administration 

3 of the funds.’’; and 

4 (3) by striking paragraph (5) and inserting the 

5 following: 

6 ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS7 FERRED.—The amount to be transferred under para8 graph (2) may be derived from the following: 

9 ‘‘(A) The apportionment of the State under 

10 section 104(b)(1). 

11 ‘‘(B) The apportionment of the State under 

12 section 104(b)(2).’’. 

13 SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS. 

14 (a) VEHICLE WEIGHT LIMITATIONS.—Section 

15 127(a)(1) of title 23, United States Code, is amended by 

16 striking ‘‘No funds shall be apportioned in any fiscal year 

17 under section 104(b)(1) of this title to any State which’’ 

18 and inserting ‘‘The Secretary shall withhold 50 percent of 

19 the apportionment of a State under section 104(b)(1) in 

20 any fiscal year in which the State’’. 

21 (b) CONTROL OF JUNKYARDS.—Section 136 of title 23, 

22 United States Code, is amended— 

23 (1) in subsection (b), in the first sentence— 

24 (A) by striking ‘‘10 per centum’’ and insert25 ing ‘‘7 percent’’; and 
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1 (B) by striking ‘‘section 104 of this title’’ 

2 and inserting ‘‘paragraphs (1) through (5) of 

3 section 104(b)’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(n) For purposes of this section, the terms ‘primary 

6 system’ and ‘Federal-aid primary system’ mean any high7 way that is on the National Highway System, which in8 cludes the Interstate Highway System.’’. 

9 (c) ENFORCEMENT OF VEHICLE SIZE AND WEIGHT

10 LAWS.—Section 141(b)(2) of title 23, United States Code, 

11 is amended— 

12 (1) by striking ‘‘10 per centum’’ and inserting 

13 ‘‘7 percent’’; and 

14 (2) by striking ‘‘section 104 of this title’’ and in15 serting ‘‘paragraphs (1) through (5) of section 

16 104(b)’’. 

17 (d) PROOF OF PAYMENT OF THE HEAVY VEHICLE USE

18 TAX.—Section 141(c) of title 23, United States Code, is 

19 amended— 

20 (1) by striking ‘‘section 104(b)(4)’’ each place it 

21 appears and inserting ‘‘section 104(b)(1)’’; and 

22 (2) in the first sentence by striking ‘‘25 per cen23 tum’’ and inserting ‘‘ 8 percent’’. 

24 (e) USE OF SAFETY BELTS.—Section 153(h) of title 

25 23, United States Code, is amended— 
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1 (1) by striking paragraph (1); 

2 (2) by redesignating paragraph (2) as para3 graph (1); 

4 (3) in paragraph (1) (as so redesignated)— 

5 (A) by striking the paragraph heading and 

6 inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 

7 (B) by inserting ‘‘and before October 1, 

8 2011,’’ after ‘‘September 30, 1994,’’; and 

9 (4) by inserting after paragraph (1) (as so redes10 ignated) the following: 

11 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, 

12 at any time in a fiscal year beginning after Sep13 tember 30, 2011, a State does not have in effect a law 

14 described in subsection (a)(2), the Secretary shall 

15 transfer an amount equal to 2 percent of the funds 

16 apportioned to the State for the succeeding fiscal year 

17 under each of paragraphs (1) through (3) of section 

18 104(b) to the apportionment of the State under sec19 tion 402.’’. 

20 (f) NATIONAL MINIMUM DRINKING AGE.—Section 

21 158(a)(1) of title 23, United States Code, is amended— 

22 (1) by striking ‘‘The Secretary’’ and inserting 

23 the following: 

24 ‘‘(A) FISCAL YEARS BEFORE 2012.—The Sec25 retary’’; and 
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1 (2) by adding at the end the following: 

2 ‘‘(B) FISCAL YEAR 2012 AND THERE3 AFTER.—For fiscal year 2012 and each fiscal 

4 year thereafter, the amount to be withheld under 

5 this section shall be an amount equal to 8 per6 cent of the amount apportioned to the non7 compliant State, as described in subparagraph 

8 (A), under paragraphs (1) and (2) of section 

9 104(b).’’. 

10 (g) DRUG OFFENDERS.—Section 159 of title 23, 

11 United States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) by striking paragraph (1); 

14 (B) by redesignating paragraph (2) as 

15 paragraph (1); 

16 (C) in paragraph (1) (as so redesignated) 

17 by striking ‘‘(including any amounts withheld 

18 under paragraph (1))’’; and 

19 (D) by inserting after paragraph (1) (as so 

20 redesignated) the following: 

21 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The 

22 Secretary shall withhold an amount equal to 8 per23 cent of the amount required to be apportioned to any 

24 State under each of paragraphs (1) and (2) of section 

25 104(b) on the first day of each fiscal year beginning 
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1 after September 30, 2011, if the State fails to meet the 

2 requirements of paragraph (3) on the first day of the 

3 fiscal year.’’; and 

4 (2) by striking subsection (b) and inserting the 

5 following: 

6 ‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds withheld 

7 under this section from apportionments to any State shall 

8 be available for apportionment to that State.’’. 

9 (h) ZERO TOLERANCE BLOOD ALCOHOL CONCENTRA10 TION FOR MINORS.—Section 161(a) of title 23, United 

11 States Code, is amended— 

12 (1) by striking paragraph (1); 

13 (2) by redesignating paragraph (2) as para14 graph (1); 

15 (3) in paragraph (1) (as so redesignated)— 

16 (A) by striking the paragraph heading and 

17 inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 

18 (B) by inserting ‘‘through fiscal year 2011’’ 

19 after ‘‘each fiscal year thereafter’’; and 

20 (4) by inserting after paragraph (1) (as so redes21 ignated) the following: 

22 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—The 

23 Secretary shall withhold an amount equal to 8 per24 cent of the amount required to be apportioned to any 

25 State under each of paragraphs (1) and (2) of section 
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1 104(b) on October 1, 2011, and on October 1 of each 

2 fiscal year thereafter, if the State does not meet the 

3 requirement of paragraph (3) on that date.’’. 

4 (i) OPERATION OF MOTOR VEHICLES BY INTOXICATED

5 PERSONS.—Section 163(e) of title 23, United States Code, 

6 is amended by striking paragraphs (1) and (2) and insert7 ing the following: 

8 ‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On Oc9 tober 1, 2006, and October 1 of each fiscal year there10 after through fiscal year 2011, if a State has not en11 acted or is not enforcing a law described in subsection 

12 (a), the Secretary shall withhold an amount equal to 

13 8 percent of the amounts to be apportioned to the 

14 State on that date under each of paragraphs (1), (3), 

15 and (4) of section 104(b). 

16 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On 

17 October 1, 2011, and October 1 of each fiscal year 

18 thereafter, if a State has not enacted or is not enforc19 ing a law described in subsection (a), the Secretary 

20 shall withhold an amount equal to 6 percent of the 

21 amounts to be apportioned to the State on that date 

22 under each of paragraphs (1) and (2) of section 

23 104(b).’’. 

24 (j) COMMERCIAL DRIVER’S LICENSE.—Section 31314 

25 of title 49, United States Code, is amended— 
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1 (1) by redesignating subsection (c) as subsection 

2 (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 AND

6 THEREAFTER.—Effective beginning on October 1, 2011— 

7 ‘‘(1) the penalty for the first instance of non8 compliance by a State under this section shall be not 

9 more than an amount equal to 4 percent of funds re10 quired to be apportioned to the noncompliant State 

11 under paragraphs (1) and (2) of section 104(b) of 

12 title 23; and 

13 ‘‘(2) the penalty for subsequent instances of non14 compliance shall be not more than an amount equal 

15 to 8 percent of funds required to be apportioned to the 

16 noncompliant State under paragraphs (1) and (2) of 

17 section 104(b) of title 23.’’. 

18 SEC. 1405. HIGHWAY WORKER SAFETY. 

19 Not later than 60 days after the date of enactment of 

20 this Act, the Secretary shall modify section 630.1108(a) of 

21 title 23, Code of Federal Regulations (as in effect on the 

22 date of enactment of this Act), to ensure that— 

23 (1) at a minimum, positive protective measures 

24 are used to separate workers on highway construction 

25 projects from motorized traffic in all work zones con-
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1 ducted under traffic in areas that offer workers no 

2 means of escape (such as tunnels and bridges), unless 

3 an engineering study determines otherwise; 

4 (2) temporary longitudinal traffic barriers are 

5 used to protect workers on highway construction 

6 projects in long-duration stationary work zones when 

7 the project design speed is anticipated to be high and 

8 the nature of the work requires workers to be within 

9 1 lane-width from the edge of a live travel lane, un10 less— 

11 (A) an analysis by the project sponsor de12 termines otherwise; or 

13 (B) the project is outside of an urbanized 

14 area and the annual average daily traffic load 

15 of the applicable road is less than 100 vehicles 

16 per hour; and 

17 (3) when positive protective devices are necessary 

18 for highway construction projects, those devices are 

19 paid for on a unit-pay basis, unless doing so would 

20 create a conflict with innovative contracting ap21 proaches, such as design-build or some performance22 based contracts under which the contractor is paid to 

23 assume a certain risk allocation and payment is gen24 erally made on a lump-sum basis. 
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1 Subtitle E—Miscellaneous 

2 SEC. 1501. PROGRAM EFFICIENCIES. 

3 The first sentence of section 102(b) of title 23, United 

4 States Code, is amended by striking ‘‘made available for 

5 such engineering’’ and inserting ‘‘reimbursed for the pre6 liminary engineering’’. 

7 SEC. 1502. PROJECT APPROVAL AND OVERSIGHT. 

8 Section 106 of title 23, United States Code, is amend9 ed— 

10 (1) in subsection (a)(2) by inserting ‘‘recipient’’ 

11 before ‘‘formalizing’’; 

12 (2) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) in the heading, by striking ‘‘NON15 INTERSTATE’’; and 

16 (ii) by striking ‘‘but not on the Inter17 state System’’; and 

18 (B) by striking paragraph (4) and inserting 

19 the following: 

20 ‘‘(4) LIMITATION ON INTERSTATE PROJECTS.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall not 

22 assign any responsibilities to a State for projects 

23 the Secretary determines to be in a high risk cat24 egory, as defined under subparagraph (B). 
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1 ‘‘(B) HIGH RISK CATEGORIES.—The Sec2 retary may define the high risk categories under 

3 this subparagraph on a national basis, a State4 by-State basis, or a national and State-by-State 

5 basis, as determined to be appropriate by the 

6 Secretary.’’; 

7 (3) in subsection (e)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (A)— 

10 (I) in the matter preceding clause 

11 (i)— 

12 (aa) by striking ‘‘concept’’ 

13 and inserting ‘‘planning’’; and 

14 (bb) by striking ‘‘multidis15 ciplined’’ and inserting ‘‘multi16 disciplinary’’; and 

17 (II) by striking clause (i) and in18 serting the following: 

19 ‘‘(i) providing the needed functions 

20 and achieving the established commitments 

21 (including environmental, community, and 

22 agency commitments) safely, reliably, and 

23 at the lowest overall lifecycle cost;’’; and 

24 (ii) in subparagraph (B) by striking 

25 clause (ii) and inserting the following: 
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1 ‘‘(ii) refining or redesigning, as appro2 priate, the project using different tech3 nologies, materials, or methods so as to ac4 complish the purpose, functions, and estab5 lished commitments (including environ6 mental, community, and agency commit7 ments) of the project.’’; 

8 (B) in paragraph (2)— 

9 (i) in the matter preceding subpara10 graph (A) by striking ‘‘or other cost-reduc11 tion analysis’’; 

12 (ii) in subparagraph (A) by striking 

13 ‘‘Federal-aid system’’ and inserting ‘‘Na14 tional Highway System receiving Federal 

15 assistance’’; and 

16 (iii) in subparagraph (B) by inserting 

17 ‘‘on the National Highway System receiving 

18 Federal assistance’’ after ‘‘a bridge project’’; 

19 and 

20 (C) by striking paragraph (4) and inserting 

21 the following: 

22 ‘‘(4) REQUIREMENTS.— 

23 ‘‘(A) VALUE ENGINEERING PROGRAM.—The 

24 State shall develop and carry out a value engi25 neering program that— 
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1 ‘‘(i) establishes and documents value 

2 engineering program policies and proce3 dures; 

4 ‘‘(ii) ensures that the required value 

5 engineering analysis is conducted before 

6 completing the final design of a project; 

7 ‘‘(iii) ensures that the value engineer8 ing analysis that is conducted, and the rec9 ommendations developed and implemented 

10 for each project, are documented in a final 

11 value engineering report; and 

12 ‘‘(iv) monitors, evaluates, and annu13 ally submits to the Secretary a report that 

14 describes the results of the value analyses 

15 that are conducted and the recommenda16 tions implemented for each of the projects 

17 described in paragraph (2) that are com18 pleted in the State. 

19 ‘‘(B) BRIDGE PROJECTS.—The value engi20 neering analysis for a bridge project under para21 graph (2) shall— 

22 ‘‘(i) include bridge superstructure and 

23 substructure requirements based on con24 struction material; and 

25 ‘‘(ii) be evaluated by the State— 
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1 ‘‘(I) on engineering and economic 

2 bases, taking into consideration accept3 able designs for bridges; and 

4 ‘‘(II) using an analysis of lifecycle 

5 costs and duration of project construc6 tion.’’; 

7 (4) in subsection (g)(4) by adding at the end the 

8 following: 

9 ‘‘(C) FUNDING.— 

10 ‘‘(i) IN GENERAL.—Subject to project 

11 approval by the Secretary, a State may ob12 ligate funds apportioned to the State under 

13 section 104(b)(2) for carrying out the re14 sponsibilities of the State under subpara15 graph (A). 

16 ‘‘(ii) ELIGIBLE ACTIVITIES.—Activities 

17 eligible for assistance under this subpara18 graph include— 

19 ‘‘(I) State administration of sub20 grants; and 

21 ‘‘(II) State oversight of subrecipi22 ents. 

23 ‘‘(iii) ANNUAL WORK PLAN.—To re24 ceive the funding flexibility made available 

25 under this subparagraph, the State shall 
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1 submit to the Secretary an annual work 

2 plan identifying activities to be carried out 

3 under this subparagraph during the appli4 cable year. 

5 ‘‘(iv) FEDERAL SHARE.—The Federal 

6 share of the cost of activities carried out 

7 under this subparagraph shall be 100 per8 cent.’’; and 

9 (5) in subsection (h)— 

10 (A) in paragraph (1)(B) by inserting ‘‘, in11 cluding a phasing plan when applicable’’ after 

12 ‘‘financial plan’’; and 

13 (B) by striking paragraph (3) and inserting 

14 the following: 

15 ‘‘(3) FINANCIAL PLAN.—A financial plan— 

16 ‘‘(A) shall be based on detailed estimates of 

17 the cost to complete the project; 

18 ‘‘(B) shall provide for the annual submis19 sion of updates to the Secretary that are based 

20 on reasonable assumptions, as determined by the 

21 Secretary, of future increases in the cost to com22 plete the project; and 

23 ‘‘(C) may include a phasing plan that iden24 tifies fundable incremental improvements or 

25 phases that will address the purpose and the 
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1 need of the project in the short term in the event 

2 there are insufficient financial resources to com3 plete the entire project. If a phasing plan is 

4 adopted for a project pursuant to this section, 

5 the project shall be deemed to satisfy the fiscal 

6 constraint requirements in the statewide and 

7 metropolitan planning requirements in sections 

8 134 and 135.’’. 

9 SEC. 1503. STANDARDS. 

10 (a) PRACTICAL DESIGN.—Section 109 of title 23, 

11 United States Code, is amended— 

12 (1) in subsection (a)— 

13 (A) in paragraph (1) by striking ‘‘and’’ at 

14 the end; 

15 (B) in paragraph (2) by striking the period 

16 at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(3) utilize, when appropriate, practical design 

19 solutions, as defined in this section, to ensure that 

20 transportation needs are met and that funds available 

21 for transportation projects are used efficiently.’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (1), in the matter pre24 ceding subparagraph (A)— 
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1 (i) by striking ‘‘, reconstruction, resur2 facing (except for maintenance resurfacing), 

3 restoration, or rehabilitation’’ and inserting 

4 ‘‘or reconstruction’’; and 

5 (ii) by striking ‘‘may take into ac6 count’’ and inserting ‘‘shall consider’’; 

7 (B) in paragraph (2)— 

8 (i) in the first sentence of the matter 

9 preceding subparagraph (A) by striking 

10 ‘‘may’’ and inserting ‘‘shall’’; 

11 (ii) in subparagraph (C) by striking 

12 ‘‘and’’ at the end; 

13 (iii) by redesignating subparagraph 

14 (D) as subparagraph (F); and 

15 (iv) by inserting after subparagraph 

16 (C) the following: 

17 ‘‘(D) the publication entitled ‘Highway 

18 Safety Manual’ of the American Association of 

19 State Highway and Transportation Officials; 

20 ‘‘(E) the publication entitled ‘A Guide for 

21 Achieving Flexibility in Highway Design, 1st 

22 Edition’, published by the American Association 

23 of State Highway and Transportation Officials; 

24 and’’; 
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1 (3) in subsection (f) by inserting ‘‘pedestrian 

2 walkways,’’ after ‘‘bikeways,’’; 

3 (4) in subsection (m) by inserting ‘‘, safe, and 

4 continuous’’ after ‘‘for a reasonable’’; 

5 (5) in subsection (q) by striking ‘‘consistent with 

6 the operative safety management system established in 

7 accordance with section 303 or in accordance with’’ 

8 inserting ‘‘that is in accordance with a State’s stra9 tegic highway safety plan and included on’’; and 

10 (6) by adding at the end the following: 

11 ‘‘(r) DEFINITION.—In this section, the term ‘practical 

12 design solution’ means a collaborative interdisciplinary ap13 proach that results in a transportation project that fits its 

14 physical setting, preserves safety, and balances costs with 

15 the necessary scope and project delivery needs of the project, 

16 as well as with scenic, aesthetic, historic, and environ17 mental resources.’’. 

18 (b) ADDITIONAL STANDARDS.—Section 109 of title 23, 

19 United States Code (as amended by subsection (a)(6)), is 

20 amended by adding at the end the following: 

21 ‘‘(s) PAVEMENT MARKINGS.—The Secretary shall not 

22 approve any pavement markings project that includes the 

23 use of glass beads containing more than 200 parts per mil24 lion of arsenic or lead, as determined in accordance with 
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1 Environmental Protection Agency testing methods 3052, 

2 6010B, or 6010C.’’. 

3 SEC. 1504. CONSTRUCTION. 

4 Section 114 of title 23, United States Code, is amend5 ed— 

6 (1) in subsection (b)— 

7 (A) by striking paragraph (1) and inserting 

8 the following: 

9 ‘‘(1) LIMITATION ON CONVICT LABOR.—Convict 

10 labor shall not be used in construction of Federal-aid 

11 highways or portions of Federal-aid highways unless 

12 the labor is performed by convicts who are on parole, 

13 supervised release, or probation.’’; and 

14 (B) in paragraph (3) by inserting ‘‘in exist15 ence during that period’’ after ‘‘located on a Fed16 eral-aid system’’; and 

17 (2) in subsection (c)— 

18 (A) by striking paragraph (1) and inserting 

19 the following: 

20 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

21 that a worker who is employed on a remote project for 

22 the construction of a Federal-aid highway or portion 

23 of a Federal-aid highway in the State of Alaska and 

24 who is not a domiciled resident of the locality shall 

25 receive meals and lodging.’’; and 
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1 (B) in paragraph (3)(C) by striking ‘‘high2 way or portion of a highway located on a Fed3 eral-aid system’’ and inserting ‘‘Federal-aid 

4 highway or portion of a Federal-aid highway’’. 

5 SEC. 1505. MAINTENANCE. 

6 Section 116 of title 23, United States Code, is amend7 ed— 

8 (1) in subsection (a)— 

9 (A) in the first sentence, by inserting ‘‘or 

10 other direct recipient’’ before ‘‘to maintain’’; and 

11 (B) by striking the second sentence; 

12 (2) by striking subsection (b) and inserting the 

13 following: 

14 ‘‘(b) AGREEMENT.—In any State in which the State 

15 transportation department or other direct recipient is with16 out legal authority to maintain a project described in sub17 section (a), the transportation department or direct recipi18 ent shall enter into a formal agreement with the appro19 priate officials of the county or municipality in which the 

20 project is located providing for the maintenance of the 

21 project.’’; and 

22 (3) in the first sentence of subsection (c) by in23 serting ‘‘or other direct recipient’’ after ‘‘State trans24 portation department’’. 
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1 SEC. 1506. FEDERAL SHARE PAYABLE. 

2 Section 120 of title 23, United States Code, is amend3 ed— 

4 (1) in the first sentence of subsection (c)(1)— 

5 (A) by inserting ‘‘maintaining minimum 

6 levels of retroreflectivity of highway signs or 

7 pavement markings,’’ after ‘‘traffic control sig8 nalization,’’; 

9 (B) by inserting ‘‘shoulder and centerline 

10 rumble strips and stripes,’’ after ‘‘pavement 

11 marking,’’; and 

12 (C) by striking ‘‘Federal-aid systems’’ and 

13 inserting ‘‘Federal-aid programs’’; 

14 (2) by striking subsection (e) and inserting the 

15 following: 

16 ‘‘(e) EMERGENCY RELIEF.—The Federal share payable 

17 for any repair or reconstruction provided for by funds made 

18 available under section 125 for any project on a Federal19 aid highway, including the Interstate System, shall not ex20 ceed the Federal share payable on a project on the system 

21 as provided in subsections (a) and (b), except that— 

22 ‘‘(1) the Federal share payable for eligible emer23 gency repairs to minimize damage, protect facilities, 

24 or restore essential traffic accomplished within 180 

25 days after the actual occurrence of the natural dis-
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1 aster or catastrophic failure may amount to 100 per2 cent of the cost of the repairs; 

3 ‘‘(2) the Federal share payable for any repair or 

4 reconstruction of Federal land transportation facili5 ties, Federal land access transportation facilities, and 

6 tribal transportation facilities may amount to 100 

7 percent of the cost of the repair or reconstruction; 

8 ‘‘(3) the Secretary shall extend the time period 

9 in paragraph (1) taking into consideration any delay 

10 in the ability of the State to access damaged facilities 

11 to evaluate damage and the cost of repair; and 

12 ‘‘(4) the Federal share payable for eligible per13 manent repairs to restore damaged facilities to 

14 predisaster condition may amount to 100 percent of 

15 the cost of the repairs if the eligible expenses incurred 

16 by the State due to natural disasters or catastrophic 

17 failures in a Federal fiscal year exceeds the annual 

18 apportionment of the State under section 104 for the 

19 fiscal year in which the disasters or failures oc20 curred.’’; 

21 (3) by striking subsection (g) and redesignating 

22 subsections (h) through (l) as subsections (g) through 

23 (k), respectively; 

24 (4) in subsection (i)(1)(A) (as redesignated by 

25 paragraph (3)) by striking ‘‘and the Appalachian de-
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1 velopment highway system program under section 

2 14501 of title 40’’; and 

3 (5) by striking subsections (j) and (k) (as redes4 ignated by paragraph (3)) and inserting the fol5 lowing: 

6 ‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Notwith7 standing any other provision of law, any Federal funds 

8 other than those made available under this title and title 

9 49, United States Code, may be used to pay the non-Federal 

10 share of the cost of any transportation project that is with11 in, adjacent to, or provides access to Federal land, the Fed12 eral share of which is funded under this title or chapter 

13 53 of title 49. 

14 ‘‘(k) USE OF FEDERAL LAND AND TRIBAL TRANSPOR15 TATION FUNDS.—Notwithstanding any other provision of 

16 law, the funds authorized to be appropriated to carry out 

17 the tribal transportation program under section 202 and 

18 the Federal lands transportation program under section 

19 203 may be used to pay the non-Federal share of the cost 

20 of any project that is funded under this title or chapter 

21 53 of title 49 and that provides access to or within Federal 

22 or tribal land.’’. 
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1 SEC. 1507. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

2 FUNDS. 

3 (a) IN GENERAL.—Section 126 of title 23, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 126. Transferability of Federal-aid highway funds 

6 ‘‘(a) IN GENERAL.—Notwithstanding any other provi7 sion of law, subject to subsection (b), a State may transfer 

8 from an apportionment under section 104(b) not to exceed 

9 20 percent of the amount apportioned for the fiscal year 

10 to any other apportionment of the State under that section. 

11 ‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—Funds 

12 that are subject to sections 104(d) and 133(d) shall not be 

13 transferred under this section. The maximum amount that 

14 a State may transfer under this section of the State’s set15 aside under section 149(l) for a fiscal year may not exceed 

16 25 percent of (1) the amount of such set-aside, less (2) the 

17 amount of the State’s set-aside under section 133(d)(2), as 

18 in effect on the day before the date of enactment of the 

19 MAP–21, for fiscal year 1997.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 1 of title 23, United States Code, is amended by 

22 striking the item relating to section 126 and inserting the 

23 following: 

‘‘126. Transferability of Federal-aid highway funds.’’. 
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1 SEC. 1508. SPECIAL PERMITS DURING PERIODS OF NA2 TIONAL EMERGENCY. 

3 Section 127 of title 23, United States Code, is amended 

4 by inserting at the end the following: 

5 ‘‘(i) SPECIAL PERMITS DURING PERIODS OF NA6 TIONAL EMERGENCY.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of this section, a State may issue special 

9 permits during an emergency to overweight vehicles 

10 and loads that can easily be dismantled or divided 

11 if— 

12 ‘‘(A) the President has declared the emer13 gency to be a major disaster under the Robert T. 

14 Stafford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5121 et seq.); 

16 ‘‘(B) the permits are issued in accordance 

17 with State law; and 

18 ‘‘(C) the permits are issued exclusively to 

19 vehicles and loads that are delivering relief sup20 plies. 

21 ‘‘(2) EXPIRATION.—A permit issued under para22 graph (1) shall expire not later than 120 days after 

23 the date of the declaration of emergency under sub24 paragraph (A) of that paragraph.’’. 
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1 SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS. 

2 (a) FRINGE AND CORRIDOR PARKING FACILITIES.— 

3 Section 137 of title 23, United States Code, is amended— 

4 (1) in subsection (a) by inserting after the second 

5 sentence the following: ‘‘The addition of electric vehi6 cle charging stations to new or previously funded 

7 parking facilities shall be eligible for funding under 

8 this section.’’; and 

9 (2) in subsection (f)(1)— 

10 (A) by striking ‘‘104(b)(4)’’ and inserting 

11 ‘‘104(b)(1)’’; and 

12 (B) by inserting ‘‘including the addition of 

13 electric vehicle charging stations,’’ after ‘‘new fa14 cilities,’’. 

15 (b) PUBLIC TRANSPORTATION.—Section 142(a)(1) of 

16 title 23, United States Code, is amended by inserting 

17 ‘‘(which may include electric vehicle charging stations)’’ 

18 after ‘‘corridor parking facilities’’. 

19 SEC. 1510. HOV FACILITIES. 

20 Section 166 of title 23, United States Code, is amend21 ed— 

22 (1) in subsection (b)(5)— 

23 (A) in subparagraph (A) by striking ‘‘Be24 fore September 30, 2009, the’’ and inserting 

25 ‘‘The’’; and 
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1 (B) in subparagraph (B) by striking ‘‘Be2 fore September 30, 2009, the’’ and inserting 

3 ‘‘The’’; and 

4 (2) in subsection (d)(1)— 

5 (A) in the matter preceding subparagraph 

6 (A)— 

7 (i) by striking ‘‘in a fiscal year shall 

8 certify’’ and inserting ‘‘shall submit to the 

9 Secretary a report demonstrating that the 

10 facility is not already degraded, and that 

11 the presence of the vehicles will not cause 

12 the facility to become degraded, and cer13 tify’’; and 

14 (ii) by striking ‘‘in the fiscal year’’; 

15 (B) in subparagraph (A) by inserting ‘‘and 

16 submitting to the Secretary annual reports of 

17 those impacts’’ after ‘‘adjacent highways’’; 

18 (C) in subparagraph (C) by striking ‘‘if the 

19 presence of the vehicles has degraded the oper20 ation of the facility’’ and inserting ‘‘whenever 

21 the operation of the facility is degraded’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(D) MAINTENANCE OF OPERATING PER24 FORMANCE.—A facility that has become degraded 

25 shall be brought back into compliance with the 
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1 minimum average operating speed performance 

2 standard by not later than 180 days after the 

3 date on which the degradation is identified 

4 through changes to operation, including the fol5 lowing: 

6 ‘‘(i) Increase the occupancy require7 ment for HOVs. 

8 ‘‘(ii) Increase the toll charged for vehi9 cles allowed under subsection (b) to reduce 

10 demand. 

11 ‘‘(iii) Charge tolls to any class of vehi12 cle allowed under subsection (b) that is not 

13 already subject to a toll. 

14 ‘‘(iv) Limit or discontinue allowing ve15 hicles under subsection (b). 

16 ‘‘(v) Increase the available capacity of 

17 the HOV facility. 

18 ‘‘(E) COMPLIANCE.—If the State fails to 

19 bring a facility into compliance under subpara20 graph (D), the Secretary shall subject the State 

21 to appropriate program sanctions under section 

22 1.36 of title 23, Code of Federal Regulations (or 

23 successor regulations), until the performance is 

24 no longer degraded.’’. 
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1 SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES. 

2 (a) IN GENERAL.—Chapter 3 of title 23, United States 

3 Code, is amended by adding at the end the following: 

4 ‘‘SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES. 

5 ‘‘(a) IN GENERAL.—In accordance with the obligation 

6 process established pursuant to section 149(j)(4), a State 

7 shall expend amounts required to be obligated for this sec8 tion to install diesel emission control technology on covered 

9 equipment, with an engine that does not meet current model 

10 year new engine standards for particulate matter for the 

11 applicable engine power group issued by the Environmental 

12 Protection Agency, on a covered highway construction 

13 project within a PM2.5 nonattainment or maintenance 

14 area. Covered equipment repowered or retrofit with diesel 

15 exhaust control technology installed during the 6-year pe16 riod ending on the date on which the prime contract was 

17 awarded for the covered highway construction project and 

18 equipment that meets the Environmental Protection Agency 

19 Tier 4 emission standards may be exempt from the require20 ments of this section. 

21 ‘‘(b) DEFINITIONS.—In this section, the following defi22 nitions apply: 

23 ‘‘(1) COVERED EQUIPMENT.—The term ‘covered 

24 equipment’ means any nonroad diesel equipment or 

25 on-road diesel equipment that is operated on a cov-
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1 ered highway construction project for not less than 80 

2 hours over the life of the project. 

3 ‘‘(2) COVERED HIGHWAY CONSTRUCTION

4 PROJECT.— 

5 ‘‘(A) IN GENERAL.—The term ‘covered high6 way construction project’ means a highway con7 struction project carried out under this title or 

8 any other Federal law which is funded in whole 

9 or in part with Federal funds. 

10 ‘‘(B) EXCLUSIONS.—Any project with a 

11 total budgeted cost not to exceed $5,000,000 may 

12 be excluded from the requirements of this section 

13 by an applicable State or metropolitan planning 

14 organization. 

15 ‘‘(3) DIESEL EMISSION CONTROL TECH16 NOLOGY.—The term ‘diesel emission control tech17 nology’ means a technology that— 

18 ‘‘(A) is— 

19 ‘‘(i) a diesel exhaust control technology; 

20 ‘‘(ii) a diesel engine upgrade; 

21 ‘‘(iii) a diesel engine repower; 

22 ‘‘(iv) an idle reduction control tech23 nology; or 

24 ‘‘(v) any combination of the tech25 nologies listed in clauses (i) through (iv); 
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1 ‘‘(B) reduces particulate matter emission 

2 from covered equipment by— 

3 ‘‘(i) not less than 85 percent control of 

4 any emission of particulate matter; or 

5 ‘‘(ii) the maximum achievable reduc6 tion of any emission of particulate matter, 

7 taking cost and safety into account; and 

8 ‘‘(C) is installed on and operated with the 

9 covered equipment while the equipment is oper10 ated on a covered highway construction project 

11 and that remains operational on the covered 

12 equipment for the useful life of the control tech13 nology or equipment. 

14 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible enti15 ty’ means an entity (including a subcontractor of the 

16 entity) that has entered into a prime contract or 

17 agreement with a State to carry out a covered high18 way construction project. 

19 ‘‘(5) NONROAD DIESEL EQUIPMENT.— 

20 ‘‘(A) IN GENERAL.—The term ‘nonroad die21 sel equipment’ means a vehicle, including covered 

22 equipment, that is— 

23 ‘‘(i) powered by a nonroad diesel en24 gine of not less than 50 horsepower; and 

25 ‘‘(ii) not intended for highway use. 
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1 ‘‘(B) INCLUSIONS.—The term ‘nonroad die2 sel equipment’ includes a backhoe, bulldozer, 

3 compressor, crane, excavator, generator, and 

4 similar equipment. 

5 ‘‘(C) EXCLUSIONS.—The term ‘nonroad die6 sel equipment’ does not include a locomotive or 

7 marine vessel. 

8 ‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term 

9 ‘on-road diesel equipment’ means any self-propelled 

10 vehicle that— 

11 ‘‘(A) operates on diesel fuel; 

12 ‘‘(B) is designed to transport persons or 

13 property on a street or highway; and 

14 ‘‘(C) has a gross vehicle weight rating of at 

15 least 14,000 pounds. 

16 ‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE

17 AREA.—The term ‘PM2.5 nonattainment or mainte18 nance area’ means a nonattainment or maintenance 

19 area designated under section 107(d)(6) of the Clean 

20 Air Act (42 U.S.C. 7407(d)(6)). 

21 ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For purposes 

22 of subsection (b)(3)(A): 

23 ‘‘(1) DIESEL EXHAUST CONTROL TECHNOLOGY.— 

24 For a diesel exhaust control technology, the technology 

25 shall be— 
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1 ‘‘(A) installed on a diesel engine or vehicle; 

2 ‘‘(B) a verified technology (as defined in 

3 section 791 of the Energy Policy Act of 2005 (42 

4 U.S.C. 16131)), for nonroad vehicles and 

5 nonroad engines (as defined in section 216 of the 

6 Clean Air Act (42 U.S.C. 7550)); and 

7 ‘‘(C) certified by the installer as having 

8 been installed in accordance with the specifica9 tions included on the list published pursuant to 

10 section 149(f)(2), as in effect on the day before 

11 the date of enactment of the MAP–21, for achiev12 ing a reduction in particulate matter. 

13 ‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel 

14 engine upgrade, the upgrade shall be performed on an 

15 engine that is— 

16 ‘‘(A) rebuilt using new or manufactured 

17 components that collectively qualify as verified 

18 technologies (as defined in section 791 of the En19 ergy Policy Act of 2005 (42 U.S.C. 16131)), for 

20 nonroad vehicles and nonroad engines (as de21 fined in section 216 of the Clean Air Act (42 

22 U.S.C. 7550)); and 

23 ‘‘(B) certified by the installer to have been 

24 installed in accordance with the specifications 

25 included on the list published pursuant to section 
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1 149(f)(2), as in effect on the day before the date 

2 of enactment of the MAP–21, for achieving a re3 duction in particulate matter. 

4 ‘‘(3) DIESEL ENGINE REPOWER.—For a diesel 

5 engine repower, the repower shall be conducted using 

6 a new or remanufactured diesel engine that is— 

7 ‘‘(A) installed as a replacement for an en8 gine used in the existing equipment, subject to 

9 the condition that the replaced engine is returned 

10 to the supplier for remanufacturing to a more 

11 stringent set of engine emissions standards or for 

12 use as scrap; and 

13 ‘‘(B) meeting a more stringent engine par14 ticulate matter emission standard for the appli15 cable engine power group established by the En16 vironmental Protection Agency than the engine 

17 particulate matter emission standard applicable 

18 to the replaced engine. 

19 ‘‘(4) IDLE REDUCTION CONTROL TECHNOLOGY.— 

20 For an idle reduction control technology, the tech21 nology shall be— 

22 ‘‘(A) installed on a diesel engine or vehicle; 

23 ‘‘(B) a verified technology (as defined in 

24 section 791 of the Energy Policy Act of 2005 (42 

25 U.S.C. 16131)), for nonroad vehicles and 
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1 nonroad engines (as defined in section 216 of the 

2 Clean Air Act (42 U.S.C. 7550)); and 

3 ‘‘(C) certified by the installer as having 

4 been installed in accordance with the specifica5 tions included on the list published pursuant to 

6 section 149(f)(2), as in effect on the day before 

7 the date of enactment of the MAP–21, for achiev8 ing a reduction in particulate matter. 

9 ‘‘(d) ELIGIBILITY FOR CREDITS.— 

10 ‘‘(1) IN GENERAL.—A State may take credit in 

11 a State implementation plan for national ambient 

12 air quality standards for any emission reductions 

13 that result from the implementation of this section. 

14 ‘‘(2) CREDITING.—An emission reduction de15 scribed in paragraph (1) may be credited toward 

16 demonstrating conformity of State implementation 

17 plans and transportation plans.’’. 

18 (b) SAVINGS CLAUSE.—Nothing in this section modi19 fies or otherwise affects any authority or restrictions estab20 lished under the Clean Air Act (42 U.S.C. 7401 et seq.). 

21 (c) REPORT TO CONGRESS.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, the Secretary of 

24 Transportation shall submit to the Committee on 

25 Transportation and Infrastructure of the House of 
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1 Representatives and the Committee on Environment 

2 and Public Works of the Senate a report that de3 scribes the manners in which section 330 of title 23, 

4 United States Code (as added by subsection (a)) has 

5 been implemented, including the quantity of covered 

6 equipment serviced under those sections and the costs 

7 associated with servicing the covered equipment. 

8 (2) INFORMATION FROM STATES.—The Secretary 

9 shall require States and recipients, as a condition of 

10 receiving amounts under this Act or under the provi11 sions of any amendments made by this Act, to submit 

12 to the Secretary any information that the Secretary 

13 determines necessary to complete the report under 

14 paragraph (1). 

15 (d) TECHNICAL AMENDMENT.—The analysis for chap16 ter 3 of title 23, United States Code, is amended by adding 

17 at the end the following: 

‘‘330. Construction equipment and vehicles.’’. 

18 SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES 

19 AND OVERPASSES. 

20 Section 1805(a) of the SAFETEA–LU (23 U.S.C. 144 

21 note; 119 Stat. 1459) is amended by striking ‘‘highway 

22 bridge replacement and rehabilitation program under sec23 tion 144’’ and inserting ‘‘national highway performance 

24 program under section 119’’. 
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1 SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EX2 EMPTION FROM AXLE WEIGHT RESTRIC3 TIONS. 

4 Section 1023(h) of the Intermodal Surface Transpor5 tation Efficiency Act of 1991 (23 U.S.C. 127 note; Public 

6 Law 102–388) is amended— 

7 (1) in the heading of paragraph (1) by striking 

8 ‘‘TEMPORARY EXEMPTION’’ and inserting ‘‘EXEMP9 TION’’; 

10 (2) in paragraph (1) by striking ‘‘, for the pe11 riod beginning on October 6, 1992, and ending on Oc12 tober 1, 2009,’’; and 

13 (3) in paragraph (2)(A) by striking ‘‘For the pe14 riod beginning on the date of enactment of this sub15 paragraph and ending on September 30, 2009, a’’ 

16 and inserting ‘‘A’’. 

17 SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT AMEND18 MENTS. 

19 (a) MOVING AND RELATED EXPENSES.—Section 202 

20 of the Uniform Relocation Assistance and Real Property 

21 Acquisition Policies Act of 1970 (42 U.S.C. 4622) is amend22 ed— 

23 (1) in subsection (a)(4) by striking ‘‘$10,000’’ 

24 and inserting ‘‘$25,000, as adjusted by regulation, in 

25 accordance with section 213(d)’’; and 
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1 (2) in the second sentence of subsection (c) by 

2 striking ‘‘$20,000’’ and inserting ‘‘$40,000, as ad3 justed by regulation, in accordance with section 

4 213(d)’’. 

5 (b) REPLACEMENT HOUSING FOR HOMEOWNERS.— 

6 The first sentence of section 203(a)(1) of the Uniform Relo7 cation Assistance and Real Property Acquisition Policies 

8 Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— 

9 (1) by striking ‘‘$22,500’’ and inserting 

10 ‘‘$31,000, as adjusted by regulation, in accordance 

11 with 213(d),’’; and 

12 (2) by striking ‘‘one hundred and eighty days 

13 prior to’’ and inserting ‘‘90 days before’’. 

14 (c) REPLACEMENT HOUSING FOR TENANTS AND CER15 TAIN OTHERS.—Section 204 of the Uniform Relocation As16 sistance and Real Property Acquisition Policies Act of 1970 

17 (42 U.S.C. 4624) is amended— 

18 (1) in the second sentence of subsection (a) by 

19 striking ‘‘$5,250’’ and inserting ‘‘$7,200, as adjusted 

20 by regulation, in accordance with section 213(d)’’; 

21 and 

22 (2) in the second sentence of subsection (b) by 

23 striking ‘‘, except’’ and all that follows through the 

24 end of the subsection and inserting a period. 
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1 (d) DUTIES OF LEAD AGENCY.—Section 213 of the 

2 Uniform Relocation Assistance and Real Property Acquisi3 tion Policies Act of 1970 (42 U.S.C. 4633) is amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (2) by striking ‘‘and’’ at 

6 the end; 

7 (B) in paragraph (3) by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following: 

10 ‘‘(4) that each Federal agency that has programs 

11 or projects requiring the acquisition of real property 

12 or causing a displacement from real property subject 

13 to the provisions of this Act shall provide to the lead 

14 agency an annual summary report the describes the 

15 activities conducted by the Federal agency.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 

18 lead agency may adjust, by regulation, the amounts of relo19 cation payments provided under sections 202(a)(4), 202(c), 

20 203(a), and 204(a) if the head of the lead agency determines 

21 that cost of living, inflation, or other factors indicate that 

22 the payments should be adjusted to meet the policy objec23 tives of this Act.’’. 

24 (e) AGENCY COORDINATION.—Title II of the Uniform 

25 Relocation Assistance and Real Property Acquisition Poli-
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1 cies Act of 1970 is amended by inserting after section 213 

2 (42 U.S.C. 4633) the following: 

3 ‘‘SEC. 214. AGENCY COORDINATION. 

4 ‘‘(a) AGENCY CAPACITY.—Each Federal agency re5 sponsible for funding or carrying out relocation and acqui6 sition activities shall have adequately trained personnel 

7 and such other resources as are necessary to manage and 

8 oversee the relocation and acquisition program of the Fed9 eral agency in accordance with this Act. 

10 ‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 

11 year after the date of enactment of this section, each Federal 

12 agency responsible for funding relocation and acquisition 

13 activities (other than the agency serving as the lead agency) 

14 shall enter into a memorandum of understanding with the 

15 lead agency that— 

16 ‘‘(1) provides for periodic training of the per17 sonnel of the Federal agency, which in the case of a 

18 Federal agency that provides Federal financial assist19 ance, may include personnel of any displacing agency 

20 that receives Federal financial assistance; 

21 ‘‘(2) addresses ways in which the lead agency 

22 may provide assistance and coordination to the Fed23 eral agency relating to compliance with the Act on a 

24 program or project basis; and 
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1 ‘‘(3) addresses the funding of the training, assist2 ance, and coordination activities provided by the lead 

3 agency, in accordance with subsection (c). 

4 ‘‘(c) INTERAGENCY PAYMENTS.— 

5 ‘‘(1) IN GENERAL.—For the fiscal year that be6 gins 1 year after the date of enactment of this section, 

7 and each fiscal year thereafter, each Federal agency 

8 responsible for funding relocation and acquisition ac9 tivities (other than the agency serving as the lead 

10 agency) shall transfer to the lead agency for the fiscal 

11 year, such funds as are necessary, but not less than 

12 $35,000, to support the training, assistance, and co13 ordination activities of the lead agency described in 

14 subsection (b). 

15 ‘‘(2) INCLUDED COSTS.—The cost to a Federal 

16 agency of providing the funds described in paragraph 

17 (1) shall be included as part of the cost of 1 or more 

18 programs or projects undertaken by the Federal agen19 cy or with Federal financial assistance that result in 

20 the displacement of persons or the acquisition of real 

21 property.’’. 

22 (f) COOPERATION WITH FEDERAL AGENCIES.—Sec23 tion 308 of title 23, United States Code, is amended by 

24 striking subsection (a) and inserting the following: 

25 ‘‘(a) AUTHORIZED ACTIVITIES.— 
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1 ‘‘(1) IN GENERAL.—The Secretary may perform, 

2 by contract or otherwise, authorized engineering or 

3 other services in connection with the survey, construc4 tion, maintenance, or improvement of highways for 

5 other Federal agencies, cooperating foreign countries, 

6 and State cooperating agencies. 

7 ‘‘(2) INCLUSIONS.—Services authorized under 

8 paragraph (1) may include activities authorized 

9 under section 214 of the Uniform Relocation Assist10 ance and Real Property Acquisition Policies Act of 

11 1970. 

12 ‘‘(3) REIMBURSEMENT.—Reimbursement for 

13 services carried out under this subsection (including 

14 depreciation on engineering and road-building equip15 ment) shall be credited to the applicable appropria16 tion.’’. 

17 (g) EFFECTIVE DATES.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), the amendments made by this section shall 

20 take effect on the date of enactment of this Act. 

21 (2) EXCEPTION.—The amendments made by sub22 sections (a) through (c) shall take effect 2 years after 

23 the date of enactment of this Act. 
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1 SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION 

2 CORPS. 

3 (a) IN GENERAL.—The Secretary shall encourage the 

4 States and regional transportation planning agencies to 

5 enter into contracts and cooperative agreements with quali6 fied youth service or conservation corps, as defined in sec7 tions 122(a)(2) of Public Law 101–610 (42 U.S.C. 

8 12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 

9 U.S.C. 12656(c)(3)) to perform— 

10 (1) appropriate projects eligible under sections 

11 162, 206, and 217 of title 23, United States Code; 

12 (2) appropriate transportation enhancement ac13 tivities, as defined under section 101(a) of such title; 

14 (3) appropriate byway, trail, or bicycle and pe15 destrian projects under sections 202, 203, and 204 of 

16 such title; and 

17 (4) appropriate safe routes to school projects 

18 under section 1404 of the SAFETEA–LU (119 Stat. 

19 1228). 

20 (b) REQUIREMENTS.—Under any contract or coopera21 tive agreement entered into with a qualified youth service 

22 or conservation corps under this section, the Secretary 

23 shall— 

24 (1) set the amount of a living allowance or rate 

25 of pay for each participant in such corps at— 
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1 (A) such amount or rate as required under 

2 State law in a State with such requirements; or 

3 (B) for corps in States not described in sub4 paragraph (A), at such amount or rate as deter5 mined by the Secretary, not to exceed the max6 imum living allowance authorized by section 140 

7 of Public Law 101–610 (42 U.S.C. 12594); and 

8 (2) not subject such corps to the requirements of 

9 section 112 of title 23, United States Code. 

10 SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OB11 SOLETE PROVISIONS. 

12 (a) CONSOLIDATION OF PROGRAMS.—From adminis13 trative funds made available under section 104(a) of title 

14 23, United States Code, not less than $15,000,000 for each 

15 of fiscal years 2012 and 2013 shall be made available for 

16 the following activities: 

17 (1) To carry out the operation lifesaver pro18 gram— 

19 (A) to provide public information and edu20 cation programs to help prevent and reduce 

21 motor vehicle accidents, injuries, and fatalities; 

22 and 

23 (B) to improve driver performance at rail24 way-highway crossings. 
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1 (2) To operate the national work zone safety in2 formation clearinghouse authorized by section 

3 358(b)(2) of the National Highway System Designa4 tion Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625) 

5 (3) To operate a public road safety clearinghouse 

6 in accordance with section 1411(a) of the SAFETEA– 

7 LU (23 U.S.C. 402 note; 119 Stat. 1234). 

8 (4) To operate a bicycle and pedestrian safety 

9 clearinghouse in accordance with section 1411(b) of 

10 the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

11 1234). 

12 (5) To operate a national safe routes to school 

13 clearinghouse in accordance with section 1404(g) of 

14 the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

15 1229). 

16 (6) To provide work zone safety grants in ac17 cordance with subsections (a) and (b) of section 1409 

18 of the SAFETEA–LU (23 U.S.C. 401 note; 119 Stat. 

19 1232). 

20 (7) To provide grants to prohibit racial profiling 

21 in accordance with section 1906 of the SAFETEA– 

22 LU (23 U.S.C. 402 note; 119 Stat. 1468). 

23 (b) REPEALS.—Sections 105, 110, 117, 124, 151, 155, 

24 160, and 303 of title 23, United States Code, are repealed. 

25 (c) CONFORMING AMENDMENTS.— 
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1 (1) TITLE ANALYSIS.—The analysis for title 23, 

2 United States Code, is amended by striking the items 

3 relating to sections 105, 110, 117, 124, 151, 155, 160, 

4 and 303 of that title. 

5 (2) SECTION 118.—Section 118 of such title is 

6 amended— 

7 (A) in subsection (b)— 

8 (i) by striking paragraph (1) and all 

9 that follows through the heading of para10 graph (2); and 

11 (ii) by striking ‘‘(other than for Inter12 state construction)’’; 

13 (B) by striking subsection (c); and 

14 (C) by redesignating subsections (d) and (e) 

15 as subsections (c) and (d), respectively. 

16 (3) SECTION 130.—Section 130 of such title is 

17 amended— 

18 (A) by striking subsections (e) through (h); 

19 (B) by redesignating subsection (i) as sub20 section (e); 

21 (C) by striking subsections (j) and (k); 

22 (D) by redesignating subsection (l) as sub23 section (f); 
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1 (E) in subsection (e) (as so redesignated) by 

2 striking ‘‘this section’’the second place it appears 

3 and inserting ‘‘section 104(b)(3)’’; and 

4 (F) in subsection (f) (as so redesignated) by 

5 striking paragraphs (3) and (4). 

6 (4) SECTION 142.—Section 142 of title 23, 

7 United States Code, is amended— 

8 (A) in subsection (a)— 

9 (i) in paragraph (1)— 

10 (I) by striking ‘‘motor vehicles 

11 (other than rail)’’ and inserting 

12 ‘‘buses’’; 

13 (II) by striking ‘‘(hereafter in this 

14 section referred to as ‘buses’)’’; 

15 (III) by striking ‘‘Federal-aid sys16 tems’’ and inserting ‘‘Federal-aid high17 ways’’; and 

18 (IV) by striking ‘‘Federal-aid sys19 tem’’ and inserting ‘‘Federal-aid high20 way’’; and 

21 (ii) in paragraph (2)— 

22 (I) by striking ‘‘as a project on 

23 the the surface transportation program 

24 for’’; and 
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1 (II) by striking ‘‘section 

2 104(b)(3)’’ and inserting ‘‘section 

3 104(b)(2); 

4 (B) in subsection (b) by striking 

5 ‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’; 

6 (C) in subsection (c)— 

7 (i) by striking ‘‘system’’ in each place 

8 it appears and inserting ‘‘highway’’; and 

9 (ii) by striking ‘‘highway facilities’’ 

10 and inserting ‘‘highways eligible under the 

11 program that is the source of the funds’’; 

12 (D) in subsection (e)(2)— 

13 (i) by striking ‘‘Notwithstanding sec14 tion 209(f)(1) of the Highway Revenue Act 

15 of 1956, the Highway Trust Fund shall be 

16 available for making expenditures to meet 

17 obligations resulting from projects author18 ized by subsection (a)(2) of this section and 

19 such projects’’ and inserting ‘‘Projects au20 thorized by subsection (a)(2)’’; and 

21 (ii) striking ‘‘on the surface transpor22 tation program’’ and inserting ‘‘under the 

23 transportation mobility program’’; and 

24 (E) in subsection (f) by striking ‘‘exits’’ and 

25 inserting ‘‘exists’’. 
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1 (5) SECTION 145.—Section 145(b) of title 23, 

2 United States Code, is amended by striking ‘‘section 

3 117 of this title,’’. 

4 (6) SECTION 322.—Section 322(h)(3) of title 23, 

5 United States Code, is amended by striking ‘‘surface 

6 transportation program’’ and inserting ‘‘the transpor7 tation mobility program’’. 

8 (d) CERTAIN ALLOCATIONS.—Notwithstanding any 

9 other provision of law, any unobligated balances of amounts 

10 required to be allocated to a State by section 1307(d)(1) 

11 of the SAFETEA–LU (23 U.S.C. 322 note; 119 Stat. 1217; 

12 122 Stat. 1577) shall instead be made available to such 

13 State for any purpose eligible under section 133(c) of title 

14 23, United States Code. 

15 SEC. 1517. RESCISSIONS. 

16 (a) FISCAL YEAR 2012.— 

17 (1) Not later than 30 days after the date of en18 actment of this Act, of the unobligated balances avail19 able under sections 144(f) and 320 of title 23, United 

20 States Code, section 147 of Public Law 95–599 (23 

21 U.S.C. 144 note; 92 Stat. 2714), section 9(c) of Public 

22 Law 97–134 (95 Stat. 1702), section 149 of Public 

23 Law 100–17 (101 Stat. 181), sections 1006, 1069, 

24 1103, 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 

25 6023 of Public Law 102–240 (105 Stat. 1914), section 
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1 1602 of Public Law 105–178 (112 Stat. 256), sections 

2 1301, 1302, 1702, and 1934 of Public Law 109–59 

3 (119 Stat. 1144), and of other funds apportioned to 

4 each State under chapter 1 of title 23, United States 

5 Code, prior to the date of enactment of this Act, 

6 $2,391,000,000 are permanently rescinded. 

7 (2) In administering the rescission required 

8 under this subsection, the Secretary shall allow each 

9 State to determine the amount of the required rescis10 sion to be drawn from the programs to which the re11 scission applies. 

12 (b) FISCAL YEAR 2013.— 

13 (1) On October 1, 2012, of the unobligated bal14 ances of funds apportioned or allocated on or before 

15 that date to each State under chapter 1 of title 23, 

16 United States Code, $3,054,000,000 are permanently 

17 rescinded. 

18 (2) Notwithstanding section 1132 of the Energy 

19 Independence and Security Act of 2007 (Public Law 

20 110–140; 121 Stat. 1763), in administering the re21 scission required under this subsection, the Secretary 

22 shall allow each State to determine the amount of the 

23 required rescission to be drawn from the programs to 

24 which the rescission applies. 
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1 SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELEC2 TION. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary shall modify section 635.411 of 

5 title 23, Code of Federal Regulations (as in effect on the 

6 date of enactment of this Act), to ensure that States shall 

7 have the autonomy to determine culvert and storm sewer 

8 material types to be included in the construction of a 

9 project on a Federal-aid highway. 

10 SEC. 1519. EFFECTIVE AND SIGNIFICANT PERFORMANCE 

11 MEASURES. 

12 (a) LIMITED NUMBER OF PERFORMANCE MEAS13 URES.—In implementing provisions of this Act (including 

14 the amendments made by this Act) and title 23, United 

15 States Code (other than chapter 4 of that title), that author16 ize the Secretary to develop performance measures, the Sec17 retary shall limit the number of performance measures es18 tablished to the most significant and effective measures. 

19 (b) DIFFERENT APPROACHES FOR URBAN AND RURAL

20 AREAS.—In the development and implementation of any 

21 performance target, a State may, as appropriate, provide 

22 for different performance targets for urbanized and rural 

23 areas. 

24 SEC. 1520. REQUIREMENTS FOR ELIGIBLE BRIDGE 

25 PROJECTS. 

26 (a) DEFINITIONS.—In this section: 
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1 (1) ELIGIBLE BRIDGE PROJECT.—The term ‘‘eli2 gible bridge project’’ means a project for construction, 

3 alteration, or repair work on a bridge or overpass 

4 funded directly by, or provided other assistance 

5 through, the Federal Government. 

6 (2) QUALIFIED TRAINING PROGRAM.—The term 

7 ‘‘qualified training program’’ means a training pro8 gram that— 

9 (A)(i) is certified by the Secretary of Labor; 

10 and 

11 (ii) with respect to an eligible bridge project 

12 located in an area in which the Secretary of 

13 Labor determines that a training program does 

14 not exist, is registered with— 

15 (I) the Department of Labor; or 

16 (II) a State agency recognized by the 

17 Department of Labor for purposes of a Fed18 eral training program; or 

19 (B) is a corrosion control, mitigation and 

20 prevention personnel training program that is 

21 offered by an organization whose standards are 

22 recognized and adopted in other Federal or State 

23 Departments of Transportation. 

24 (3) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of Transportation. 
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1 (b) ELIGIBILITY REQUIREMENTS.— 

2 (1) IN GENERAL.—Each contractor and subcon3 tractor that carries out any aspect of an eligible 

4 bridge project described in paragraph (2) shall— 

5 (A) before entering into the applicable con6 tract, be certified by the Secretary or a State, in 

7 accordance with paragraph (4), as meeting the 

8 eligibility requirements described in paragraph 

9 (3); and 

10 (B) remain certified as described in sub11 paragraph (A) while carrying out the applicable 

12 aspect of the eligible bridge project. 

13 (2) DESCRIPTION OF ASPECTS OF ELIGIBLE

14 BRIDGE PROJECTS.—An aspect of an eligible bridge 

15 project referred to in paragraph (1) is— 

16 (A) surface preparation or coating applica17 tion on bridge steel of an eligible bridge project; 

18 (B) removal of a lead-based or other haz19 ardous coating from bridge steel of an existing 

20 eligible bridge project; 

21 (C) shop painting of structural steel fab22 ricated for installation on bridge steel of an eli23 gible bridge project; and 
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1 (D) the design, application, installation, 

2 and maintenance of a cathodic protection sys3 tem. 

4 (3) REQUIREMENTS.—The eligibility require5 ments referred to in paragraph (1) are that a con6 tractor or subcontractor shall— 

7 (A) as determined by the Secretary— 

8 (i) use corrosion mitigation and pre9 vention methods to preserve relevant bridges 

10 and overpasses, taking into account— 

11 (I) material selection; 

12 (II) coating considerations; 

13 (III) cathodic protection consider14 ations; 

15 (IV) design considerations for cor16 rosion; and 

17 (V) trained applicators; 

18 (ii) use best practices— 

19 (I) to prevent environmental deg20 radation; and 

21 (II) to ensure careful handling of 

22 all hazardous materials; and 

23 (iii) demonstrate a history of employ24 ing industry-respected inspectors to ensure 
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1 funds are used in the interest of affected 

2 taxpayers; and 

3 (B) demonstrate a history of compliance 

4 with applicable requirements of the Occupational 

5 Safety and Health Administration, as deter6 mined by the Secretary of Labor. 

7 (4) STATE CONSULTATION.—In determining 

8 whether to certify a contractor or subcontractor under 

9 paragraph (1)(A), a State shall consult with engi10 neers and other experts trained in accordance with 

11 subsection (a)(2) specializing in corrosion control, 

12 mitigation, and prevention methods. 

13 (c) OPTIONAL TRAINING PROGRAM.—As a condition of 

14 entering into a contract for an eligible bridge project, each 

15 contractor and subcontractor that performs construction, al16 teration, or repair work on a bridge or overpass for the eli17 gible bridge project may provide, or make available, train18 ing, through a qualified training program, for each appli19 cable craft or trade classification of employees that the con20 tractor or subcontractor intends to employ to carry out as21 pects of eligible bridge projects as described in subsection 

22 (b)(2). 

23 SEC. 1521. IDLE REDUCTION TECHNOLOGY. 

24 Section 127(a)(12) of title 23, United States Code, is 

25 amended— 
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1 (1) in subparagraph (B), by striking ‘‘400’’ and 

2 inserting ‘‘550’’; and 

3 (2) in subparagraph (C)(ii), by striking ‘‘400- 

4 pound’’ and inserting ‘‘550-pound’’. 

5 SEC. 1522. REPORT ON HIGHWAY TRUST FUND EXPENDI6 TURES. 

7 (a) INITIAL REPORT.—Not later than 150 days after 

8 the date of enactment of this Act, the Comptroller General 

9 of the United States shall submit to Congress a report de10 scribing the activities funded from the Highway Trust 

11 Fund during each of fiscal years 2009 through 2011, includ12 ing for purposes other than construction and maintenance 

13 of highways and bridges. 

14 (b) UPDATES.—Not later than 5 years after the date 

15 on which the report is submitted under subsection (a) and 

16 every 5 years thereafter, the Comptroller General of the 

17 United States shall submit to Congress a report that up18 dates the information provided in the report under that sub19 section for the applicable 5-year period. 

20 (c) INCLUSIONS.—A report submitted under subsection 

21 (a) or (b) shall include information similar to the informa22 tion included in the report of the Government Account23 ability Office numbered ‘‘GAO–09–729R’’ and entitled 

24 ‘‘Highway Trust Fund Expenditures on Purposes Other 
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1 Than Construction and Maintenance of Highways and 

2 Bridges During Fiscal Years 2004–2008’’. 

3 SEC. 1523. EVACUATION ROUTES. 

4 Each State shall give adequate consideration to the 

5 needs of evacuation routes in the State, including such 

6 routes serving or adjacent to facilities operated by the 

7 Armed Forces, when allocating funds apportioned to the 

8 State under title 23, United States Code, for the construc9 tion of Federal-aid highways. 

10 SEC. 1524. DEFENSE ACCESS ROAD PROGRAM ENHANCE11 MENTS TO ADDRESS TRANSPORTATION IN12 FRASTRUCTURE IN THE VICINITY OF MILI13 TARY INSTALLATIONS. 

14 The second sentence of section 210(a)(2) of title 23, 

15 United States Code, is amended by inserting ‘‘, in consulta16 tion with the Secretary of Transportation,’’ before ‘‘shall 

17 determine’’. 

18 SEC. 1525. EXPRESS LANES DEMONSTRATION PROGRAM. 

19 Section 1604(b) of the SAFETEA–LU (23 U.S.C. 129 

20 note; Public Law 109–59) is amended— 

21 (1) in paragraph (1)(A)— 

22 (A) in clause (ii), by inserting ‘‘and’’ after 

23 the semicolon; 

24 (B) by striking clause (iii); and 
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1 (C) by redesignating clause (iv) as clause 

2 (iii); and 

3 (2) in paragraph (2), by striking ‘‘2009’’ and in4 serting ‘‘2013’’. 

5 SEC. 1526. TREATMENT OF HISTORIC SIGNS. 

6 The Secretary shall, not later than 180 days after the 

7 date of enactment of this Act, initiate a rulemaking to ex8 empt locally identified historic street name signs or replicas 

9 of historic signs from complying with all or part of section 

10 2D.43 of the Manual on Uniform Traffic Control Devices. 

11 SEC. 1527. CONSOLIDATION OF GRANTS. 

12 (a) DEFINITIONS.—In this section, the term ‘‘recipi13 ent’’ means— 

14 (1) a State, local, or tribal government, includ15 ing— 

16 (A) a territory of the United States; 

17 (B) a transit agency; 

18 (C) a port authority; 

19 (D) a metropolitan planning organization; 

20 or 

21 (E) any other political subdivision of a 

22 State or local government; 

23 (2) a multistate or multijurisdictional group, if 

24 each member of the group is an entity described in 

25 paragraph (1); and 
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1 (3) a public-private partnership, if both parties 

2 are engaged in building the project. 

3 (b) CONSOLIDATION.— 

4 (1) IN GENERAL.—A recipient that receives mul5 tiple grant awards from the Department to support 1 

6 multimodal project may request that the Secretary 

7 designate 1 modal administration in the Department 

8 to be the lead administering authority for the overall 

9 project. 

10 (2) NEW STARTS.—Any project that includes 

11 funds awarded under section 5309 of title 49, United 

12 States Code, shall be exempt from consolidation under 

13 this section unless the grant recipient requests the 

14 Federal Transit Administration to be the lead admin15 istering authority. 

16 (3) REVIEW.— 

17 (A) IN GENERAL.—Not later than 30 days 

18 after the date on which a request under para19 graph (1) is made, the Secretary shall review the 

20 request and approve or deny the designation of 

21 a single modal administration as the lead ad22 ministering authority and point of contact for 

23 the Department. 

24 (B) NOTIFICATION.— 
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1 (i) IN GENERAL.—The Secretary shall 

2 notify the requestor of the decision of the 

3 Secretary under subparagraph (A) in such 

4 form and at such time as the Secretary and 

5 the requestor agree. 

6 (ii) DENIAL.—If a request is denied, 

7 the Secretary shall provide the requestor 

8 with a detailed explanation of the reasoning 

9 of the Secretary with the notification under 

10 clause (i). 

11 (c) DUTIES.— 

12 (1) IN GENERAL.—A modal administration des13 ignated as a lead administering authority under this 

14 section shall— 

15 (A) be responsible for leading and coordi16 nating the integrated project management team, 

17 which shall consist of all of the other modal ad18 ministrations in the Department relating to the 

19 multimodal project; and 

20 (B) to the extent feasible during the first 30 

21 days of carrying out the multimodal project, 

22 identify overlapping or duplicative regulatory 

23 requirements that exist for the project and pro24 pose a single, streamlined approach to meeting 
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1 all of the applicable regulatory requirements 

2 through the activities described in subsection (d). 

3 (2) ADMINISTRATION.— 

4 (A) IN GENERAL.—The Secretary shall 

5 transfer all amounts that have been awarded for 

6 the multimodal project to the modal administra7 tion designated as the lead administering au8 thority. 

9 (B) OPTION.— 

10 (i) IN GENERAL.—Participation under 

11 this section shall be optional for recipients, 

12 and no recipient shall be required to par13 ticipate. 

14 (ii) SECRETARIAL DUTIES.—The Sec15 retary is not required to identify every re16 cipient that may be eligible to participate 

17 under this section. 

18 (d) COOPERATION.— 

19 (1) IN GENERAL.—The Secretary and modal ad20 ministrations with relevant jurisdiction over a 

21 multimodal project should cooperate on project review 

22 and delivery activities at the earliest practicable time. 

23 (2) PURPOSES.—The purposes of the cooperation 

24 under paragraph (1) are— 
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1 (A) to avoid delays and duplication of effort 

2 later in the process; 

3 (B) to prevent potential conflicts; and 

4 (C) to ensure that planning and project de5 velopment decisions are made in a streamlined 

6 manner and consistent with applicable law. 

7 (e) APPLICABILITY.—Nothing in this section shall— 

8 (1) supersede, amend, or modify the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.) or any other Federal environmental law; or 

11 (2) affect the responsibility of any Federal officer 

12 to comply with or enforce any law described in para13 graph (1). 

14 SEC. 1528. BUY AMERICA PROVISIONS. 

15 Section 313 of title 23, United States Code, is amended 

16 by adding at the end the following: 

17 ‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.—The re18 quirements under this section shall apply to all contracts 

19 eligible for assistance under this chapter for a project car20 ried out within the scope of the applicable finding, deter21 mination, or decision under the National Environmental 

22 Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 

23 the funding source of such contracts, if at least 1 contract 

24 for the project is funded with amounts made available to 

25 carry out this title.’’. 
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1 SEC. 1529. EXEMPTIONS FROM REQUIREMENTS FOR CER2 TAIN FARM VEHICLES. 

3 (a) FEDERAL REQUIREMENTS.—A covered farm vehi4 cle, including the individual operating that vehicle, shall 

5 be exempt from the following: 

6 (1) Any requirement relating to commercial 

7 driver’s licenses established under chapter 313 of title 

8 49, United States Code. 

9 (2) Any requirement relating to medical certifi10 cates established under— 

11 (A) subchapter III of chapter 311 of title 

12 49, United States Code; or 

13 (B) chapter 313 of title 49, United States 

14 Code. 

15 (3) Any requirement relating to hours of service 

16 established under— 

17 (A) subchapter III of chapter 311 of title 

18 49, United States Code; or 

19 (B) chapter 315 of title 49, United States 

20 Code. 

21 (4) Any requirement relating to vehicle inspec22 tion, repair, and maintenance established under— 

23 (A) subchapter III of chapter 311 of title 

24 49, United States Code; or 

25 (B) chapter 315 of title 49, United States 

26 Code. 
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1 (b) STATE REQUIREMENTS.— 

2 (1) IN GENERAL.—Federal transportation fund3 ing to a State may not be terminated, limited, or oth4 erwise interfered with as a result of the State exempt5 ing a covered farm vehicle, including the individual 

6 operating that vehicle, from any State requirement 

7 relating to the operation of that vehicle. 

8 (2) EXCEPTION.—Paragraph (1) does not apply 

9 with respect to a covered farm vehicle transporting 

10 hazardous materials that require a placard. 

11 (3) STATE REQUIREMENTS.—Notwithstanding 

12 section (a) or any other provision of law, a State may 

13 enact and enforce safety requirements related to cov14 ered farm vehicles. 

15 (c) COVERED FARM VEHICLE DEFINED.— 

16 (1) IN GENERAL.—In this section, the term ‘‘cov17 ered farm vehicle’’ means a motor vehicle (including 

18 an articulated motor vehicle)— 

19 (A) that— 

20 (i) is traveling in the State in which 

21 the vehicle is registered or another State; 

22 (ii) is operated by— 

23 (I) a farm owner or operator; 

24 (II) a ranch owner or operator; or 
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1 (III) an employee or family mem2 ber of an individual specified in sub3 clause (I) or (II); 

4 (iii) is transporting to or from a farm 

5 or ranch— 

6 (I) agricultural commodities; 

7 (II) livestock; or 

8 (III) machinery or supplies; 

9 (iv) except as provided in paragraph 

10 (2), is not used in the operations of a for11 hire motor carrier; and 

12 (v) is equipped with a special license 

13 plate or other designation by the State in 

14 which the vehicle is registered to allow for 

15 identification of the vehicle as a farm vehi16 cle by law enforcement personnel; and 

17 (B) that has a gross vehicle weight rating or 

18 gross vehicle weight, whichever is greater, that 

19 is— 

20 (i) 26,001 pounds or less; or 

21 (ii) greater than 26,001 pounds and 

22 traveling within the State or within 150 air 

23 miles of the farm or ranch with respect to 

24 which the vehicle is being operated. 
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1 (2) INCLUSION.—In this section, the term ‘‘cov2 ered farm vehicle’’ includes a motor vehicle that meets 

3 the requirements of paragraph (1) (other than para4 graph (1)(A)(iv)) and is— 

5 (A) operated pursuant to a crop share farm 

6 lease agreement; 

7 (B) owned by a tenant with respect to that 

8 agreement; and 

9 (C) transporting the landlord’s portion of 

10 the crops under that agreement. 

11 (d) SAFETY STUDY.—The Secretary shall conduct a 

12 study of the exemption required by section (a) as follows— 

13 (1) Data and analysis of covered farm vehicles 

14 shall include: 

15 (A) the number of vehicles that are operated 

16 subject to each of the regulatory exemptions per17 mitted under section (a); 

18 (B) the number of drivers that operate cov19 ered farm vehicles subject to each of the regu20 latory exemptions permitted under section (a); 

21 (C) the number of crashes involving covered 

22 farm vehicles; 

23 (D) the number of occupants and non-occu24 pants injured in crashes involving covered farm 

25 vehicles; 
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1 (E) the number of fatalities of occupants 

2 and non-occupants killed in crashes involving 

3 farm vehicles; 

4 (F) crash investigations and accident recon5 struction investigations of all fatalities in crash6 es involving covered farm vehicles; 

7 (G) overall operating mileage of covered 

8 farm vehicles; 

9 (H) numbers of covered farm vehicles that 

10 operate in neighboring states; and 

11 (I) any other data the Secretary deems nec12 essary to analyze and include. 

13 (2) A listing of state regulations issued and 

14 maintained in each state that are identical to the fed15 eral regulations that are subject to exemption in sec16 tion (a). 

17 (3) The Secretary shall report the findings of the 

18 study to the appropriate committees of the Congress 

19 not later than 18 months after enactment of MAP–21. 

20 SEC. 1530. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. 

21 (a) SENSE OF THE SENATE.—It is the Sense of the 

22 Senate that the timely completion of the Appalachian devel23 opment highway system is a transportation priority in the 

24 national interest. 
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1 (b) MODIFIED FEDERAL SHARE FOR PROJECTS ON

2 ADHS.—For fiscal years 2012 through 2021, the Federal 

3 share payable for the cost of constructing highways and ac4 cess roads on the Appalachian development highway system 

5 under section 14501 of title 40, United States Code, with 

6 funds made available to a State for fiscal year 2012 or a 

7 previous fiscal year for the Appalachian development high8 way system program, or with funds made available for fis9 cal year 2012 or a previous fiscal year for a specific project, 

10 route, or corridor on that system, shall be 95 percent. 

11 (c) FEDERAL SHARE FOR OTHER FUNDS USED ON

12 ADHS.—For fiscal years 2012 through 2021, the Federal 

13 share payable for the cost of constructing highways and ac14 cess roads on the Appalachian development highway system 

15 under section 14501 of title 40, United States Code, with 

16 Federal funds apportioned to a State for a program other 

17 than the Appalachian development highway system pro18 gram shall be 95 percent. 

19 (d) COMPLETION PLAN.—Not later than 1 year after 

20 the date of enactment of the MAP–21, each State rep21 resented on the Appalachian Regional Commission shall es22 tablish a plan for the completion of the designated corridors 

23 of the Appalachian development highway system within the 

24 State, including annual performance targets, with a target 

25 completion date. 
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1 SEC. 1531. DENALI COMMISSION. 

2 The Denali Commission Act of 1998 (42 U.S.C. 3121 

3 note) is amended— 

4 (1) in section 305, by striking subsection (c) and 

5 inserting the following: 

6 ‘‘(c) GIFTS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), the Commission, on behalf of the United 

9 States, may accept use, and dispose of gifts or dona10 tions of services, property, or money for purposes of 

11 carrying out this Act. 

12 ‘‘(2) CONDITIONAL.—With respect to conditional 

13 gifts— 

14 ‘‘(A)(i) the Commission, on behalf of the 

15 United States, may accept conditional gifts for 

16 purposes of carrying out this Act, if approved by 

17 the Federal Cochairperson; and 

18 ‘‘(ii) the principal of and income from any 

19 such conditional gift shall be held, invested, rein20 vested, and used in accordance with the condi21 tion applicable to the gift; but 

22 ‘‘(B) no gift shall be accepted that is condi23 tioned on any expenditure not to be funded from 

24 the gift or from the income generated by the gift 

25 unless the expenditure has been approved by Act 

26 of Congress.’’; and 
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1 (2) by adding at the end the following: 

2 ‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL 

3 AGENCIES. 

4 ‘‘(a) IN GENERAL.—Subject to subsection (c), for pur5 poses of this Act, the Commission may accept transfers of 

6 funds from other Federal agencies. 

7 ‘‘(b) TRANSFERS.—Any Federal agency authorized to 

8 carry out an activity that is within the authority of the 

9 Commission may transfer to the Commission any appro10 priated funds for the activity. 

11 ‘‘(c) TREATMENT.—Any funds transferred to the Com12 mission under this subsection— 

13 ‘‘(1) shall remain available until expended; and 

14 ‘‘(2) may, to the extent necessary to carry out 

15 this Act, be transferred to, and merged with, the 

16 amounts made available by appropriations Acts for 

17 the Commission by the Federal Cochairperson.’’. 

18 SEC. 1532. UPDATED CORROSION CONTROL AND PREVEN19 TION REPORT. 

20 Not later than 30 months after the date of enactment 

21 of this Act, the Secretary shall submit to Congress an up22 dated report on the costs and benefits of the prevention and 

23 control of corrosion on the surface transportation infra24 structure of the United States. 
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1 SEC. 1533. HARBOR MAINTENANCE TRUST FUND. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) there are 926 coastal, Great Lakes, and in4 land harbors maintained by the Corps of Engineers; 

5 (2) according to the Bureau of Transportation 

6 Statistics— 

7 (A) in 2009, the ports and waterways of the 

8 United States handled more than 2,200,000,000 

9 short tons of imports, exports, and domestic ship10 ments; and 

11 (B) in 2010, United States ports were re12 sponsible for more than $1,400,000,000,000 in 

13 waterborne imports and exports; 

14 (3) according to the Congressional Research 

15 Service, full channel dimensions are, on average, 

available approximately 1 16 ⁄3 of the time at the 59 har17 bors of the United States with the highest use rates; 

18 (4) insufficient maintenance dredging of the 

19 navigation channels of the United States results in 

20 inefficient water transportation and causes harmful 

21 economic consequences; 

22 (5) in 1986, Congress created the Harbor Main23 tenance Trust Fund to provide funds for the oper24 ation and maintenance of the navigation channels of 

25 the United States; 
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1 (6) in fiscal year 2012, the Harbor Maintenance 

2 Trust Fund is expected to grow from $6,280,000,000 

3 to $7,011,000,000, an increase of approximately 13 

4 percent; 

5 (7) despite the growth of the Harbor Mainte6 nance Trust Fund, expenditures from the Fund have 

7 not equaled revenues, and the Fund is not being fully 

8 used for the intended purpose of the Fund; and 

9 (8) inadequate investment in dredging needs is 

10 restricting access to the ports of the United States for 

11 domestic shipping, imports, and exports and therefore 

12 threatening the economic competitiveness of the 

13 United States. 

14 (b) SENSE OF THE SENATE.—It is the sense of the Sen15 ate that— 

16 (1) the Administration should request full use of 

17 the Harbor Maintenance Trust Fund for operating 

18 and maintaining the navigation channels of the 

19 United States; 

20 (2) the amounts in the Harbor Maintenance 

21 Trust Fund should be fully expended to operate and 

22 maintain the navigation channels of the United 

23 States; and 

24 (3) Congress should ensure that other programs, 

25 projects, and activities of the Civil Works Program of 
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1 the Corps of Engineers, especially those programs, 

2 projects, and activities relating to inland navigation 

3 and flood control, are not adversely impacted. 

4 SEC. 1534. ENRICHMENT TECHNOLOGY AND INTELLECTUAL 

5 PROPERTY. 

6 (a) In addition to any other transfer authority, the 

7 Secretary may transfer, not earlier than thirty days after 

8 certification to the Committees on Appropriations of the 

9 House of Representatives and the Senate that such transfer 

10 is needed for national security reasons, and after Congres11 sional notification and approval of the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate, up to $150,000,000 made available in prior Appropria14 tions Acts to further the development and demonstration of 

15 national security-related enrichment technologies. No 

16 amounts may be transferred under this section from 

17 amounts that were designated by the Congress as an emer18 gency requirement pursuant to the Concurrent Resolution 

19 on the Budget or the Balanced Budget and Emergency Def20 icit Control Act of 1985, as amended. 

21 (b) The Secretary shall provide, directly or indirectly, 

22 Federal funds, resources, or other benefit for the research, 

23 development, or deployment of domestic enrichment tech24 nology under this section— 

25 (1) using merit selection procedures; and 
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1 (2) only if the Secretary shall execute an agree2 ment with the recipient (or any affiliate, successor, or 

3 assignee) of such funds, resources, or other benefit 

4 (hereinafter referred to as the ‘‘recipient’’), which 

5 shall require, at a minimum— 

6 (A) the achievement of specific technical cri7 teria by the recipient by specific dates no later 

8 than June 30, 2014; 

9 (B) that the recipient shall— 

10 (i) immediately upon execution of the 

11 agreement, grant to the United States for 

12 use by or on behalf of the United States, 

13 through the Secretary, a royalty-free, non14 exclusive license in all enrichment-related 

15 intellectual property and associated tech16 nical data owned, licensed or otherwise con17 trolled by the recipient as of the date of en18 actment of this Act, or thereafter developed 

19 or acquired to meet the requirements of the 

20 agreement; 

21 (ii) amend any existing agreement be22 tween the Secretary and the recipient to 

23 permit the Secretary to practice or permit 

24 third parties on behalf of the Secretary to 

25 practice intellectual property and associated 
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1 technical data related to the award of funds, 

2 resources, or other benefit royalty-free for 

3 government purposes, including completing 

4 or operating enrichment technologies and 

5 using them for national defense purposes, 

6 such as providing nuclear material to oper7 ate commercial nuclear power reactors for 

8 tritium production; and 

9 (iii) as soon as practicable, deliver to 

10 the Secretary all technical information and 

11 other documentation in its possession or 

12 control necessary to permit the Secretary to 

13 use and practice all intellectual property re14 lated to domestic enrichment technologies; 

15 and 

16 (C) any other condition or restriction the 

17 Secretary determines is necessary to protect the 

18 interests of the United States. 

19 (c) If the Secretary determines that a recipient has not 

20 achieved the technical criteria under the agreement pursu21 ant to subsection (b), either by the dates specified in the 

22 original agreement or by June 30, 2014, whichever is ear23 lier, the recipient shall, as soon as practicable, surrender 

24 custody, possession and control, or return, as appropriate, 

25 any real or personal property owned or leased by the recipi-
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1 ent, to the Secretary in connection with the deployment of 

2 enrichment technology, along with all capital improve3 ments, equipment, fixtures, appurtenances, and other im4 provements thereto, and any further obligation by the Sec5 retary under any such lease shall terminate. 

6 (d)(1) The limitations in this section shall apply to 

7 funds made available in this Act, prior Appropriations 

8 Acts, and any future Appropriations Acts. 

9 (2) This section shall not apply with regard to 

10 the issuance of any loan guarantee pursuant to sec11 tion 1703 of the Energy Policy Act of 2005 (42 

12 U.S.C. 16513). 

13 (e) For purpose of this section, the term ‘‘Secretary’’ 

14 shall mean the Secretary of the Department of Energy. 

15 SEC. 1535. SENSE OF SENATE CONCERNING EXPEDITIOUS 

16 COMPLETION OF ENVIRONMENTAL REVIEWS, 

17 APPROVALS, LICENSING, AND PERMIT RE18 QUIREMENTS. 

19 It is the sense of the Senate that Federal agencies 

20 should— 

21 (1) ensure that all applicable environmental re22 views, approvals, licensing, and permit requirements 

23 under Federal law are completed on an expeditious 

24 basis following any disaster or emergency declared 

25 under Federal law, including— 
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1 (A) a major disaster declared by the Presi2 dent under section 401 of the Robert T. Stafford 

3 Disaster Relief and Emergency Assistance Act 

4 (42 U.S.C. 5170); and 

5 (B) an emergency declared by the President 

6 under section 501 of the Robert T. Stafford Dis7 aster Relief and Emergency Assistance Act (42 

8 U.S.C. 5191); and 

9 (2) use the shortest existing applicable process 

10 under Federal law to complete each review, approval, 

11 licensing, and permit requirement described in para12 graph (1) following a disaster or emergency described 

13 in that paragraph. 

14 Subtitle F—Gulf Coast Restoration 

15 SEC. 1601. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Resources and Eco17 systems Sustainability, Tourist Opportunities, and Revived 

18 Economies of the Gulf Coast States Act of 2012’’. 

19 SEC. 1602. GULF COAST RESTORATION TRUST FUND. 

20 (a) ESTABLISHMENT.—There is established in the 

21 Treasury of the United States a trust fund to be known 

22 as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 

23 in this section as the ‘‘Trust Fund’’), consisting of such 

24 amounts as are deposited in the Trust Fund under this sub25 title or any other provision of law. 
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1 (b) TRANSFERS.—The Secretary of the Treasury shall 

2 deposit in the Trust Fund an amount equal to 80 percent 

3 of all administrative and civil penalties paid by responsible 

4 parties after the date of enactment of this Act in connection 

5 with the explosion on, and sinking of, the mobile offshore 

6 drilling unit Deepwater Horizon pursuant to a court order, 

7 negotiated settlement, or other instrument in accordance 

8 with section 311 of the Federal Water Pollution Control Act 

9 (33 U.S.C. 1321). 

10 (c) EXPENDITURES.—Amounts in the Trust Fund, in11 cluding interest earned on advances to the Trust Fund and 

12 proceeds from investment under subsection (d), shall— 

13 (1) be available for expenditure, without further 

14 appropriation, solely for the purpose and eligible ac15 tivities of this subtitle; and 

16 (2) remain available until expended, without fis17 cal year limitation. 

18 (d) INVESTMENT.—Amounts in the Trust Fund shall 

19 be invested in accordance with section 9702 of title 31, 

20 United States Code, and any interest on, and proceeds from, 

21 any such investment shall be available for expenditure in 

22 accordance with this subtitle and the amendments made by 

23 this subtitle. 

24 (e) ADMINISTRATION.—Not later than 180 days after 

25 the date of enactment of this Act, after providing notice and 
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1 an opportunity for public comment, the Secretary of the 

2 Treasury, in consultation with the Secretary of the Interior 

3 and the Secretary of Commerce, shall establish such proce4 dures as the Secretary determines to be necessary to deposit 

5 amounts in, and expend amounts from, the Trust Fund 

6 pursuant to this subtitle, including— 

7 (1) procedures to assess whether the programs 

8 and activities carried out under this subtitle and the 

9 amendments made by this subtitle achieve compliance 

10 with applicable requirements, including procedures by 

11 which the Secretary of the Treasury may determine 

12 whether an expenditure by a Gulf Coast State or 

13 coastal political subdivision (as those terms are de14 fined in section 311 of the Federal Water Pollution 

15 Control Act (33 U.S.C. 1321)) pursuant to such a 

16 program or activity achieves compliance; 

17 (2) auditing requirements to ensure that 

18 amounts in the Trust Fund are expended as intended; 

19 and 

20 (3) procedures for identification and allocation 

21 of funds available to the Secretary under other provi22 sions of law that may be necessary to pay the admin23 istrative expenses directly attributable to the manage24 ment of the Trust Fund. 
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1 SEC. 1603. GULF COAST NATURAL RESOURCES RESTORA2 TION AND ECONOMIC RECOVERY. 

3 Section 311 of the Federal Water Pollution Control Act 

4 (33 U.S.C. 1321) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (25)(B), by striking 

7 ‘‘and’’ at the end; 

8 (B) in paragraph (26)(D), by striking the 

9 period at the end and inserting a semicolon; and 

10 (C) by adding at the end the following: 

11 ‘‘(27) the term ‘Chairperson’ means the Chair12 person of the Council; 

13 ‘‘(28) the term ‘coastal political subdivision’ 

14 means any local political jurisdiction that is imme15 diately below the State level of government, including 

16 a county, parish, or borough, with a coastline that is 

17 contiguous with any portion of the United States Gulf 

18 of Mexico; 

19 ‘‘(29) the term ‘Comprehensive Plan’ means the 

20 comprehensive plan developed by the Council pursu21 ant to subsection (t); 

22 ‘‘(30) the term ‘Council’ means the Gulf Coast 

23 Ecosystem Restoration Council established pursuant 

24 to subsection (t); 

25 ‘‘(31) the term ‘Deepwater Horizon oil spill’ 

26 means the blowout and explosion of the mobile off-
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1 shore drilling unit Deepwater Horizon that occurred 

2 on April 20, 2010, and resulting hydrocarbon releases 

3 into the environment; 

4 ‘‘(32) the term ‘Gulf Coast ecosystem’ means— 

5 ‘‘(A) in the Gulf Coast States, the coastal 

6 zones (as that term is defined in section 304 of 

7 the Coastal Zone Management Act of 1972 (16 

8 U.S.C. 1453), except that, in this section, the 

9 term ‘coastal zones’ includes land within the 

10 coastal zones that is held in trust by, or the use 

11 of which is by law subject solely to the discretion 

12 of, the Federal Government or officers or agents 

13 of the Federal Government) that border the Gulf 

14 of Mexico; 

15 ‘‘(B) any adjacent land, water, and water16 sheds, that are within 25 miles of the coastal 

17 zones described in subparagraph (A) of the Gulf 

18 Coast States; and 

19 ‘‘(C) all Federal waters in the Gulf of Mex20 ico; 

21 ‘‘(33) the term ‘Gulf Coast State’ means any of 

22 the States of Alabama, Florida, Louisiana, Mis23 sissippi, and Texas; and 

24 ‘‘(34) the term ‘Trust Fund’ means the Gulf 

25 Coast Restoration Trust Fund established pursuant to 
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1 section 1602 of the Resources and Ecosystems Sus2 tainability, Tourist Opportunities, and Revived 

3 Economies of the Gulf Coast States Act of 2012.’’; 

4 (2) in subsection (s), by inserting ‘‘except as pro5 vided in subsection (t)’’ before the period at the end; 

6 and 

7 (3) by adding at the end the following: 

8 ‘‘(t) GULF COAST RESTORATION AND RECOVERY.— 

9 ‘‘(1) STATE ALLOCATION AND EXPENDITURES.— 

10 ‘‘(A) IN GENERAL.—Of the total amounts 

11 made available in any fiscal year from the Trust 

12 Fund, 35 percent shall be available, in accord13 ance with the requirements of this section, to the 

14 Gulf Coast States in equal shares for expenditure 

15 for ecological and economic restoration of the 

16 Gulf Coast ecosystem in accordance with this 

17 subsection. 

18 ‘‘(B) USE OF FUNDS.— 

19 ‘‘(i) ELIGIBLE ACTIVITIES.—Amounts 

20 provided to the Gulf States under this sub21 section may only be used to carry out 1 or 

22 more of the following activities: 

23 ‘‘(I) Coastal restoration projects 

24 and activities, including conservation 

25 and coastal land acquisition. 
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1 ‘‘(II) Mitigation of damage to, 

2 and restoration of, fish, wildlife, or 

3 natural resources. 

4 ‘‘(III) Implementation of a feder5 ally approved marine, coastal, or com6 prehensive conservation management 

7 plan, including fisheries monitoring. 

8 ‘‘(IV) Programs to promote tour9 ism in a Gulf Coast State, including 

10 recreational fishing. 

11 ‘‘(V) Programs to promote the 

12 consumption of seafood produced from 

13 the Gulf Coast ecosystem. 

14 ‘‘(VI) Programs to promote edu15 cation regarding the natural resources 

16 of the Gulf Coast ecosystem. 

17 ‘‘(VII) Planning assistance. 

18 ‘‘(VIII) Workforce development 

19 and job creation. 

20 ‘‘(IX) Improvements to or upon 

21 State parks located in coastal areas af22 fected by the Deepwater Horizon oil 

23 spill. 

24 ‘‘(X) Mitigation of the ecological 

25 and economic impact of outer Conti-
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1 nental Shelf activities and the impacts 

2 of the Deepwater Horizon oil spill or 

3 promotion of the long-term ecological 

4 or economic recovery of the Gulf Coast 

5 ecosystem through the funding of infra6 structure projects. 

7 ‘‘(XI) Coastal flood protection and 

8 infrastructure directly affected by 

9 coastal wetland losses, beach erosion, or 

10 the impacts of the Deepwater Horizon 

11 oil spill. 

12 ‘‘(XII) Administrative costs of 

13 complying with this subsection. 

14 ‘‘(ii) LIMITATION.— 

15 ‘‘(I) IN GENERAL.—Of the 

16 amounts received by a Gulf State 

17 under this subsection not more than 3 

18 percent may be used for administrative 

19 costs eligible under clause (i)(XII). 

20 ‘‘(II) PROHIBITION ON USE FOR

21 IMPORTED SEAFOOD.—None of the 

22 funds made available under this sub23 section shall be used for any program 

24 to support or promote imported seafood 
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1 or any seafood product that is not har2 vested from the Gulf Coast ecosystem. 

3 ‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— 

4 ‘‘(i) IN GENERAL.—In the case of a 

5 State where the coastal zone includes the en6 tire State— 

7 ‘‘(I) 75 percent of funding shall be 

8 provided to the 8 disproportionally af9 fected counties impacted by the Deep10 water Horizon Oil Spill; and 

11 ‘‘(II) 25 percent shall be provided 

12 to nondisproportionately impacted 

13 counties within the State. 

14 ‘‘(ii) FLORIDA.— 

15 ‘‘(I) DISPROPORTIONALLY AF16 FECTED COUNTIES.—Of the total 

17 amounts made available to counties in 

18 the State of Florida under clause 

19 (i)(I)— 

20 ‘‘(aa) 10 percent shall be dis21 tributed equally among the 8 dis22 proportionately affected counties; 

23 and 

24 ‘‘(bb) 90 percent shall be dis25 tributed to the 8 disproportion-
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1 ately affected counties in accord2 ance with the following weighted 

3 formula: 

4 ‘‘(AA) 30 percent based 

5 on the weighted average of 

6 the county shoreline oiled. 

7 ‘‘(BB) 30 percent based 

8 on the weighted average of 

9 the county per capita sales 

10 tax collections estimated for 

11 the fiscal year ending Sep12 tember 30, 2012. 

13 ‘‘(CC) 20 percent based 

14 on the weighted average of 

15 the population of the county. 

16 ‘‘(DD) 20 percent based 

17 on the inverse proportion of 

18 the weighted average distance 

19 from the Deepwater Horizon 

20 oil rig to each of the nearest 

21 and farthest points of the 

22 shoreline. 

23 ‘‘(II) NONDISPROPORTIONATELY

24 IMPACTED COUNTIES.—The total 

25 amounts made available to coastal po-
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1 litical subdivisions in the State of 

2 Florida under clause (i)(II) shall be 

3 distributed according to the following 

4 weighted formula: 

5 ‘‘(aa) 34 percent based on the 

6 weighted average of the popu7 lation of the county. 

8 ‘‘(bb) 33 percent based on the 

9 weighted average of the county per 

10 capita sales tax collections esti11 mated for the fiscal year ending 

12 September 30, 2012. 

13 ‘‘(cc) 33 percent based on the 

14 inverse proportion of the weighted 

15 average distance from the Deep16 water Horizon oil rig to each of 

17 the nearest and farthest points of 

18 the shoreline. 

19 ‘‘(iii) LOUISIANA.—Of the total 

20 amounts made available to the State of 

21 Louisiana under this paragraph: 

22 ‘‘(I) 70 percent shall be provided 

23 directly to the State in accordance 

24 with this subsection. 
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1 ‘‘(II) 30 percent shall be provided 

2 directly to parishes in the coastal zone 

3 (as defined in section 304 of the Coast4 al Zone Management Act of 1972 (16 

5 U.S.C. 1453)) of the State of Louisiana 

6 according to the following weighted for7 mula: 

8 ‘‘(aa) 40 percent based on the 

9 weighted average of miles of the 

10 parish shoreline oiled. 

11 ‘‘(bb) 40 percent based on the 

12 weighted average of the popu13 lation of the parish. 

14 ‘‘(cc) 20 percent based on the 

15 weighted average of the land mass 

16 of the parish. 

17 ‘‘(iv) CONDITIONS.— 

18 ‘‘(I) LAND USE PLAN.—As a con19 dition of receiving amounts allocated 

20 under clause (iii), the chief executive of 

21 the eligible parish shall certify to the 

22 Governor of the State that the parish 

23 has completed a comprehensive land 

24 use plan. 
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1 ‘‘(II) OTHER CONDITIONS.—A 

2 coastal political subdivision receiving 

3 funding under this subsection shall 

4 meet all of the conditions in subpara5 graph (D). 

6 ‘‘(D) CONDITIONS.—As a condition of re7 ceiving amounts from the Trust Fund, a Gulf 

8 Coast State, including the entities described in 

9 subparagraph (E), or a coastal political subdivi10 sion shall— 

11 ‘‘(i) agree to meet such conditions, in12 cluding audit requirements, as the Sec13 retary of the Treasury determines necessary 

14 to ensure that amounts disbursed from the 

15 Trust Fund will be used in accordance with 

16 this subsection; 

17 ‘‘(ii) certify in such form and in such 

18 manner as the Secretary of the Treasury de19 termines necessary that the project or pro20 gram for which the Gulf Coast State or 

21 coastal political subdivision is requesting 

22 amounts— 

23 ‘‘(I) is designed to restore and 

24 protect the natural resources, eco25 systems, fisheries, marine and wildlife 
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1 habitats, beaches, coastal wetlands, or 

2 economy of the Gulf Coast; 

3 ‘‘(II) carries out 1 or more of the 

4 activities described in subparagraph 

5 (B)(i); 

6 ‘‘(III) was selected based on 

7 meaningful input from the public, in8 cluding broad-based participation from 

9 individuals, businesses, and nonprofit 

10 organizations; and 

11 ‘‘(IV) in the case of a natural re12 source protection or restoration project, 

13 is based on the best available science; 

14 ‘‘(iii) certify that the project or pro15 gram and the awarding of a contract for the 

16 expenditure of amounts received under this 

17 subsection are consistent with the standard 

18 procurement rules and regulations gov19 erning a comparable project or program in 

20 that State, including all applicable competi21 tive bidding and audit requirements; and 

22 ‘‘(iv) develop and submit a multiyear 

23 implementation plan for use of those funds. 

24 ‘‘(E) APPROVAL BY STATE ENTITY, TASK

25 FORCE, OR AGENCY.—The following Gulf Coast 
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1 State entities, task forces, or agencies shall carry 

2 out the duties of a Gulf Coast State pursuant to 

3 this paragraph: 

4 ‘‘(i) ALABAMA.— 

5 ‘‘(I) IN GENERAL.—In the State of 

6 Alabama, the Alabama Gulf Coast Re7 covery Council, which shall be com8 prised of only the following: 

9 ‘‘(aa) The Governor of Ala10 bama, who shall also serve as 

11 Chairperson and preside over the 

12 meetings of the Alabama Gulf 

13 Coast Recovery Council. 

14 ‘‘(bb) The Director of the 

15 Alabama State Port Authority, 

16 who shall also serve as Vice 

17 Chairperson and preside over the 

18 meetings of the Alabama Gulf 

19 Coast Recovery Council in the ab20 sence of the Chairperson. 

21 ‘‘(cc) The Chairman of the 

22 Baldwin County Commission. 

23 ‘‘(dd) The President of the 

24 Mobile County Commission. 
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1 ‘‘(ee) The Mayor of the city 

2 of Bayou La Batre. 

3 ‘‘(ff) The Mayor of the town 

4 of Dauphin Island. 

5 ‘‘(gg) The Mayor of the city 

6 of Fairhope. 

7 ‘‘(hh) The Mayor of the city 

8 of Gulf Shores. 

9 ‘‘(ii) The Mayor of the city of 

10 Mobile. 

11 ‘‘(jj) The Mayor of the city of 

12 Orange Beach. 

13 ‘‘(II) VOTE.—Each member of the 

14 Alabama Gulf Coast Recovery Council 

15 shall be entitled to 1 vote. 

16 ‘‘(III) MAJORITY VOTE.—All deci17 sions of the Alabama Gulf Coast Recov18 ery Council shall be made by majority 

19 vote. 

20 ‘‘(ii) LOUISIANA.—In the State of Lou21 isiana, the Coastal Protection and Restora22 tion Authority of Louisiana. 

23 ‘‘(iii) MISSISSIPPI.—In the State of 

24 Mississippi, the Mississippi Department of 

25 Environmental Quality. 
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1 ‘‘(F) COMPLIANCE WITH ELIGIBLE ACTIVI2 TIES.—If the Secretary of the Treasury deter3 mines that an expenditure by a Gulf Coast State 

4 or coastal political subdivision of amounts made 

5 available under this subsection does not meet 1 

6 of the activities described in subparagraph 

7 (B)(i), the Secretary shall make no additional 

8 amounts from the Trust Fund available to that 

9 Gulf Coast State or coastal political subdivision 

10 until such time as an amount equal to the 

11 amount expended for the unauthorized use— 

12 ‘‘(i) has been deposited by the Gulf 

13 Coast State or coastal political subdivision 

14 in the Trust Fund; or 

15 ‘‘(ii) has been authorized by the Sec16 retary of the Treasury for expenditure by 

17 the Gulf Coast State or coastal political 

18 subdivision for a project or program that 

19 meets the requirements of this subsection. 

20 ‘‘(G) COMPLIANCE WITH CONDITIONS.—If 

21 the Secretary of the Treasury determines that a 

22 Gulf Coast State or coastal political subdivision 

23 does not meet the requirements of this subsection, 

24 including the conditions of subparagraph (D), 

25 where applicable, the Secretary of the Treasury 
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1 shall make no amounts from the Trust Fund 

2 available to that Gulf Coast State or coastal po3 litical subdivision until all conditions of this 

4 subsection are met. 

5 ‘‘(H) PUBLIC INPUT.—In meeting any con6 dition of this subsection, a Gulf Coast State may 

7 use an appropriate procedure for public con8 sultation in that Gulf Coast State, including 

9 consulting with 1 or more established task forces 

10 or other entities, to develop recommendations for 

11 proposed projects and programs that would re12 store and protect the natural resources, eco13 systems, fisheries, marine and wildlife habitats, 

14 beaches, coastal wetlands, and economy of the 

15 Gulf Coast. 

16 ‘‘(I) PREVIOUSLY APPROVED PROJECTS AND

17 PROGRAMS.—A Gulf Coast State or coastal polit18 ical subdivision shall be considered to have met 

19 the conditions of subparagraph (D) for a specific 

20 project or program if, before the date of enact21 ment of the Resources and Ecosystems Sustain22 ability, Tourist Opportunities, and Revived 

23 Economies of the Gulf Coast States Act of 

24 2012— 
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† HR 4348 EAS 

1 ‘‘(i) the Gulf Coast State or coastal po2 litical subdivision has established conditions 

3 for carrying out projects and programs that 

4 are substantively the same as the conditions 

5 described in subparagraph (D); and 

6 ‘‘(ii) the applicable project or program 

7 carries out 1 or more of the activities de8 scribed in subparagraph (B)(ii). 

9 ‘‘(J) CONSULTATION WITH COUNCIL.—In 

10 carrying out this subsection, each Gulf Coast 

11 State shall seek the input of the Chairperson of 

12 the Council to identify large-scale projects that 

13 may be jointly supported by that Gulf Coast 

14 State and by the Council pursuant to the Com15 prehensive Plan with amounts provided under 

16 this subsection. 

17 ‘‘(K) NON-FEDERAL MATCHING FUNDS.— 

18 ‘‘(i) IN GENERAL.—A Gulf Coast State 

19 or coastal political subdivision may use, in 

20 whole or in part, amounts made available 

21 to that Gulf Coast State from the Trust 

22 Fund to satisfy the non-Federal share of the 

23 cost of any project or program authorized 

24 by Federal law that meets the eligible use 

25 requirements under subparagraph (B)(i). 
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1 ‘‘(ii) EFFECT ON OTHER FUNDS.—The 

2 use of funds made available from the Trust 

3 Fund to satisfy the non-Federal share of the 

4 cost of a project or program that meets the 

5 requirements of clause (i) shall not affect 

6 the priority in which other Federal funds 

7 are allocated or awarded. 

8 ‘‘(L) LOCAL PREFERENCE.—In awarding 

9 contracts to carry out a project or program 

10 under this subsection, a Gulf Coast State or 

11 coastal political subdivision may give a pref12 erence to individuals and companies that reside 

13 in, are headquartered in, or are principally en14 gaged in business in, a Gulf Coast State. 

15 ‘‘(M) UNUSED FUNDS.—Any Funds not 

16 identified in an implementation plan by a State 

17 or coastal political subdivision in accordance 

18 with subparagraph (D)(iv) shall remain in the 

19 Trust Fund until such time as the State or 

20 coastal political subdivision to which the funds 

21 have been allocated develops and submits a plan 

22 identifying uses for those funds in accordance 

23 with subparagraph (D)(iv). 

24 ‘‘(N) JUDICIAL REVIEW.—If the Secretary of 

25 the Treasury determines that a Gulf Coast State 
525 

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1 or coastal political subdivision does not meet the 

2 requirements of this subsection, including the 

3 conditions of subparagraph (D), the Gulf Coast 

4 State or coastal political subdivision may obtain 

5 expedited judicial review within 90 days of that 

6 decision in a district court of the United States, 

7 of appropriate jurisdiction and venue, that is lo8 cated within the State seeking such review. 

9 ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA10 TION.— 

11 ‘‘(A) IN GENERAL.—Of the total amount 

12 made available in any fiscal year from the Trust 

13 Fund, 60 percent shall be disbursed to the Coun14 cil to carry out the Comprehensive Plan. 

15 ‘‘(B) COUNCIL EXPENDITURES.— 

16 ‘‘(i) IN GENERAL.—In accordance with 

17 this paragraph, the Council shall expend 

18 funds made available from the Trust Fund 

19 to undertake projects and programs that 

20 would restore and protect the natural re21 sources, ecosystems, fisheries, marine and 

22 wildlife habitats, beaches, coastal wetlands, 

23 and economy of the Gulf Coast. 

24 ‘‘(ii) ALLOCATION AND EXPENDITURE

25 PROCEDURES.—The Secretary of the Treas-
526 

† HR 4348 EAS 

1 ury shall develop such conditions, including 

2 audit requirements, as the Secretary of the 

3 Treasury determines necessary to ensure 

4 that amounts disbursed from the Trust 

5 Fund to the Council to implement the Com6 prehensive Plan will be used in accordance 

7 with this paragraph. 

8 ‘‘(iii) ADMINISTRATIVE EXPENSES.—Of 

9 the amounts received by the Council under 

10 this subsection, not more than 3 percent 

11 may be used for administrative expenses, 

12 including staff. 

13 ‘‘(C) GULF COAST ECOSYSTEM RESTORA14 TION COUNCIL.— 

15 ‘‘(i) ESTABLISHMENT.—There is estab16 lished as an independent entity in the Fed17 eral Government a council to be known as 

18 the ‘Gulf Coast Ecosystem Restoration 

19 Council’. 

20 ‘‘(ii) MEMBERSHIP.—The Council shall 

21 consist of the following members, or in the 

22 case of a Federal agency, a designee at the 

23 level of the Assistant Secretary or the equiv24 alent: 
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† HR 4348 EAS 

1 ‘‘(I) The Chair of the Council on 

2 Environmental Quality. 

3 ‘‘(II) The Secretary of the Inte4 rior. 

5 ‘‘(III) The Secretary of the Army. 

6 ‘‘(IV) The Secretary of Commerce. 

7 ‘‘(V) The Administrator of the 

8 Environmental Protection Agency. 

9 ‘‘(VI) The Secretary of Agri10 culture. 

11 ‘‘(VII) The head of the department 

12 in which the Coast Guard is operating. 

13 ‘‘(VIII) The Governor of the State 

14 of Alabama. 

15 ‘‘(IX) The Governor of the State of 

16 Florida. 

17 ‘‘(X) The Governor of the State of 

18 Louisiana. 

19 ‘‘(XI) The Governor of the State of 

20 Mississippi. 

21 ‘‘(XII) The Governor of the State 

22 of Texas. 

23 ‘‘(iii) ALTERNATE.—A Governor ap24 pointed to the Council by the President may 

25 designate an alternate to represent the Gov-
528 

† HR 4348 EAS 

1 ernor on the Council and vote on behalf of 

2 the Governor. 

3 ‘‘(iv) CHAIRPERSON.—From among the 

4 Federal agency members of the Council, the 

5 representatives of States on the Council 

6 shall select, and the President shall appoint, 

7 1 Federal member to serve as Chairperson 

8 of the Council. 

9 ‘‘(v) PRESIDENTIAL APPOINTMENT.— 

10 All Council members shall be appointed by 

11 the President. 

12 ‘‘(vi) COUNCIL ACTIONS.— 

13 ‘‘(I) IN GENERAL.—Subject to 

14 subclause (IV), significant actions by 

15 the Council shall require the affirma16 tive vote of the Federal Chairperson 

17 and a majority of the State members to 

18 be effective. 

19 ‘‘(II) INCLUSIONS.—Significant 

20 actions include but are not limited 

21 to— 

22 ‘‘(aa) approval of a Com23 prehensive Plan and future revi24 sions to a Comprehensive Plan; 
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1 ‘‘(bb) approval of State plans 

2 pursuant to paragraph (3)(B)(iv); 

3 and 

4 ‘‘(cc) approval of reports to 

5 Congress pursuant to clause 

6 (vii)(X). 

7 ‘‘(III) QUORUM.—A quorum of 

8 State members shall be required to be 

9 present for the Council to take any sig10 nificant action. 

11 ‘‘(IV) AFFIRMATIVE VOTE RE12 QUIREMENT DEEMED MET.—For ap13 proval of State plans pursuant to 

14 paragraph (3)(B)(iv), the certification 

15 by a State member of the Council that 

16 the plan satisfies all requirements of 

17 clauses (i) and (ii) of paragraphs 

18 (3)(B), when joined by an affirmative 

19 vote of the Federal Chairperson of the 

20 Council, is deemed to satisfy the re21 quirements for affirmative votes under 

22 subclause (I). 

23 ‘‘(V) PUBLIC TRANSPARENCY.— 

24 Appropriate actions of the Council, in25 cluding votes on significant actions 
530 

† HR 4348 EAS 

1 and associated deliberations, shall be 

2 made available to the public. 

3 ‘‘(vii) DUTIES OF COUNCIL.—The 

4 Council shall— 

5 ‘‘(I) develop the Comprehensive 

6 Plan, and future revisions to the Com7 prehensive Plan; 

8 ‘‘(II) identify as soon as prac9 ticable the projects that— 

10 ‘‘(aa) have been authorized 

11 prior to the date of enactment of 

12 this subsection but not yet com13 menced; and 

14 ‘‘(bb) if implemented quickly, 

15 would restore and protect the nat16 ural resources, ecosystems, fish17 eries, marine and wildlife habi18 tats, beaches, barrier islands, 

19 dunes, and coastal wetlands of the 

20 Gulf Coast ecosystem; 

21 ‘‘(III) coordinate the development 

22 of consistent policies, strategies, plans, 

23 and activities by Federal agencies, 

24 State and local governments, and pri25 vate sector entities for addressing the 
531 

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1 restoration and protection of the Gulf 

2 Coast ecosystem; 

3 ‘‘(IV) establish such other advi4 sory committee or committees as may 

5 be necessary to assist the Council, in6 cluding a scientific advisory committee 

7 and a committee to advise the Council 

8 on public policy issues; 

9 ‘‘(V) coordinate scientific and 

10 other research associated with restora11 tion of the Gulf Coast ecosystem, in12 cluding research, observation, and 

13 monitoring carried out pursuant to 

14 section 1604 of the Resources and Eco15 systems Sustainability, Tourist Oppor16 tunities, and Revived Economies of the 

17 Gulf Coast States Act of 2012; 

18 ‘‘(VI) seek to ensure that all poli19 cies, strategies, plans, and activities for 

20 addressing the restoration of the Gulf 

21 Coast ecosystem are based on the best 

22 available physical, ecological, and eco23 nomic data; 

24 ‘‘(VII) make recommendations to 

25 address the particular needs of espe-
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1 cially economically and socially vul2 nerable populations; 

3 ‘‘(VIII) develop standard terms to 

4 include in contracts for projects and 

5 programs awarded pursuant to the 

6 Comprehensive Plan that provide a 

7 preference to individuals and compa8 nies that reside in, are headquartered 

9 in, or are principally engaged in busi10 ness in, a Gulf Coast State; 

11 ‘‘(IX) prepare an integrated fi12 nancial plan and recommendations for 

13 coordinated budget requests for the 

14 amounts proposed to be expended by 

15 the Federal agencies represented on the 

16 Council for projects and programs in 

17 the Gulf Coast States; 

18 ‘‘(X) submit to Congress an an19 nual report that— 

20 ‘‘(aa) summarizes the poli21 cies, strategies, plans, and activi22 ties for addressing the restoration 

23 and protection of the Gulf Coast 

24 ecosystem; 
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1 ‘‘(bb) describes the projects 

2 and programs being implemented 

3 to restore and protect the Gulf 

4 Coast ecosystem; and 

5 ‘‘(cc) makes such rec6 ommendations to Congress for 

7 modifications of existing laws as 

8 the Council determines necessary 

9 to implement the Comprehensive 

10 Plan; and 

11 ‘‘(XI) submit to Congress a final 

12 report on the date on which all funds 

13 made available to the Council are ex14 pended. 

15 ‘‘(viii) APPLICATION OF FEDERAL AD16 VISORY COMMITTEE ACT.—The Council, or 

17 any other advisory committee established 

18 under this subsection, shall not be consid19 ered an advisory committee under the Fed20 eral Advisory Committee Act (5 U.S.C. 

21 App.). 

22 ‘‘(D) COMPREHENSIVE PLAN.— 

23 ‘‘(i) PROPOSED PLAN.— 

24 ‘‘(I) IN GENERAL.—Not later than 

25 180 days after the date of enactment of 
534 

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1 the Resources and Ecosystems Sustain2 ability, Tourist Opportunities, and Re3 vived Economies of the Gulf Coast 

4 States Act of 2012, the Chairperson, on 

5 behalf of the Council, shall publish a 

6 proposed plan to restore and protect 

7 the natural resources, ecosystems, fish8 eries, marine and wildlife habitats, 

9 beaches, and coastal wetlands of the 

10 Gulf Coast ecosystem. 

11 ‘‘(II) CONTENTS.—The proposed 

12 plan described in subclause (I) shall 

13 include and incorporate the findings 

14 and information prepared by the 

15 President’s Gulf Coast Restoration 

16 Task Force. 

17 ‘‘(ii) PUBLICATION.— 

18 ‘‘(I) INITIAL PLAN.—Not later 

19 than 1 year after date of enactment of 

20 the Resources and Ecosystems Sustain21 ability, Tourist Opportunities, and Re22 vived Economies of the Gulf Coast 

23 States Act of 2012 and after notice and 

24 opportunity for public comment, the 

25 Chairperson, on behalf of the Council 
535 

† HR 4348 EAS 

1 and after approval by the Council, 

2 shall publish in the Federal Register 

3 the initial Comprehensive Plan to re4 store and protect the natural resources, 

5 ecosystems, fisheries, marine and wild6 life habitats, beaches, and coastal wet7 lands of the Gulf Coast ecosystem. 

8 ‘‘(II) COOPERATION WITH GULF

9 COAST RESTORATION TASK FORCE.— 

10 The Council shall develop the initial 

11 Comprehensive Plan in close coordina12 tion with the President’s Gulf Coast 

13 Restoration Task Force. 

14 ‘‘(III) CONSIDERATIONS.—In de15 veloping the initial Comprehensive 

16 Plan and subsequent updates, the 

17 Council shall consider all relevant 

18 findings, reports, or research prepared 

19 or funded by a center of excellence or 

20 the Gulf Fisheries and Ecosystem En21 dowment established pursuant to the 

22 Gulf Coast Ecosystem Restoration 

23 Science, Monitoring, and Technology 

24 Program under section 1604 of the Re25 sources and Ecosystems Sustainability, 
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† HR 4348 EAS 

1 Tourist Opportunities, and Revived 

2 Economies of the Gulf Coast States Act 

3 of 2012. 

4 ‘‘(IV) CONTENTS.—The initial 

5 Comprehensive Plan shall include— 

6 ‘‘(aa) such provisions as are 

7 necessary to fully incorporate in 

8 the Comprehensive Plan the strat9 egy, projects, and programs rec10 ommended by the President’s Gulf 

11 Coast Restoration Task Force; 

12 ‘‘(bb) a list of any project or 

13 program authorized prior to the 

14 date of enactment of this sub15 section but not yet commenced, 

16 the completion of which would 

17 further the purposes and goals of 

18 this subsection and of the Re19 sources and Ecosystems Sustain20 ability, Tourist Opportunities, 

21 and Revived Economies of the 

22 Gulf Coast States Act of 2012; 

23 ‘‘(cc) a description of the 

24 manner in which amounts from 

25 the Trust Fund projected to be 
537 

† HR 4348 EAS 

1 made available to the Council for 

2 the succeeding 10 years will be al3 located; and 

4 ‘‘(dd) subject to available 

5 funding in accordance with clause 

6 (iii), a prioritized list of specific 

7 projects and programs to be fund8 ed and carried out during the 3- 

9 year period immediately following 

10 the date of publication of the ini11 tial Comprehensive Plan, includ12 ing a table that illustrates the dis13 tribution of projects and programs 

14 by Gulf Coast State. 

15 ‘‘(V) PLAN UPDATES.—The Coun16 cil shall update— 

17 ‘‘(aa) the Comprehensive 

18 Plan every 5 years in a manner 

19 comparable to the manner estab20 lished in this subsection for each 

21 5-year period for which amounts 

22 are expected to be made available 

23 to the Gulf Coast States from the 

24 Trust Fund; and 
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1 ‘‘(bb) the 3-year list of 

2 projects and programs described 

3 in subclause (IV)(dd) annually. 

4 ‘‘(iii) RESTORATION PRIORITIES.—Ex5 cept for projects and programs described in 

6 subclause (IV)(bb), in selecting projects and 

7 programs to include on the 3-year list de8 scribed in subclause (IV)(dd), based on the 

9 best available science, the Council shall give 

10 highest priority to projects that address 1 or 

11 more of the following criteria: 

12 ‘‘(I) Projects that are projected to 

13 make the greatest contribution to re14 storing and protecting the natural re15 sources, ecosystems, fisheries, marine 

16 and wildlife habitats, beaches, and 

17 coastal wetlands of the Gulf Coast eco18 system, without regard to geographic 

19 location. 

20 ‘‘(II) Large-scale projects and pro21 grams that are projected to substan22 tially contribute to restoring and pro23 tecting the natural resources, eco24 systems, fisheries, marine and wildlife 
539 

† HR 4348 EAS 

1 habitats, beaches, and coastal wetlands 

2 of the Gulf Coast ecosystem. 

3 ‘‘(III) Projects contained in exist4 ing Gulf Coast State comprehensive 

5 plans for the restoration and protection 

6 of natural resources, ecosystems, fish7 eries, marine and wildlife habitats, 

8 beaches, and coastal wetlands of the 

9 Gulf Coast ecosystem. 

10 ‘‘(IV) Projects that restore long11 term resiliency of the natural re12 sources, ecosystems, fisheries, marine 

13 and wildlife habitats, beaches, and 

14 coastal wetlands most impacted by the 

15 Deepwater Horizon oil spill. 

16 ‘‘(E) IMPLEMENTATION.— 

17 ‘‘(i) IN GENERAL.—The Council, acting 

18 through the member agencies and Gulf 

19 Coast States, shall expend funds made 

20 available from the Trust Fund to carry out 

21 projects and programs adopted in the Com22 prehensive Plan. 

23 ‘‘(ii) ADMINISTRATIVE RESPONSI24 BILITY.— 
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1 ‘‘(I) IN GENERAL.—Primary au2 thority and responsibility for each 

3 project and program included in the 

4 Comprehensive Plan shall be assigned 

5 by the Council to a Gulf Coast State 

6 represented on the Council or a Federal 

7 agency. 

8 ‘‘(II) TRANSFER OF AMOUNTS.— 

9 Amounts necessary to carry out each 

10 project or program included in the 

11 Comprehensive Plan shall be trans12 ferred by the Secretary of the Treasury 

13 from the Trust Fund to that Federal 

14 agency or Gulf Coast State as the 

15 project or program is implemented, 

16 subject to such conditions as the Sec17 retary of the Treasury, in consultation 

18 with the Secretary of the Interior and 

19 the Secretary of Commerce, established 

20 pursuant to section 1602 of the Re21 sources and Ecosystems Sustainability, 

22 Tourist Opportunities, and Revived 

23 Economies of the Gulf Coast States Act 

24 of 2012. 

25 ‘‘(iii) COST SHARING.— 
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1 ‘‘(I) IN GENERAL.—A Gulf Coast 

2 State or coastal political subdivision 

3 may use, in whole or in part, amounts 

4 made available to that Gulf Coast 

5 State or coastal political subdivision 

6 from the Trust Fund to satisfy the 

7 non-Federal share of the cost of car8 rying a project or program that— 

9 ‘‘(aa) is authorized by other 

10 Federal law; and 

11 ‘‘(bb) meets the criteria of 

12 subparagraph (D). 

13 ‘‘(II) INCLUSION IN COMPREHEN14 SIVE PLAN.—A project or program de15 scribed in subclause (I) that meets the 

16 criteria for inclusion in the Com17 prehensive Plan described in subpara18 graph (D) shall be selected and adopted 

19 by the Council as part of the Com20 prehensive Plan in the manner de21 scribed in subparagraph (D). 

22 ‘‘(F) COORDINATION.—The Council and the 

23 Federal members of the Council may develop 

24 Memorandums of Understanding establishing in-
542 

† HR 4348 EAS 

1 tegrated funding and implementation plans 

2 among the member agencies and authorities. 

3 ‘‘(G) TERMINATION.—The Council shall ter4 minate on the date on which the report described 

5 in subparagraph (C)(vii)(XI) is submitted to 

6 Congress. 

7 ‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA8 TION.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 paragraph (4), of the total amount made avail11 able to the Council under paragraph (2) in any 

12 fiscal year from the Trust Fund, 50 percent shall 

13 be disbursed by the Council as follows: 

14 ‘‘(i) FORMULA.—Subject to subpara15 graph (B), for each Gulf Coast State, the 

16 amount disbursed under this paragraph 

17 shall be based on a formula established by 

18 the Council by regulation that is based on 

19 a weighted average of the following criteria: 

20 ‘‘(I) 40 percent based on the pro21 portionate number of miles of shoreline 

22 in each Gulf Coast State that experi23 enced oiling as of April 10, 2011, com24 pared to the total number of miles of 

25 shoreline that experienced oiling as a 
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1 result of the Deepwater Horizon oil 

2 spill. 

3 ‘‘(II) 40 percent based on the in4 verse proportion of the average dis5 tance from the Deepwater Horizon oil 

6 rig to the nearest and farthest point of 

7 the shoreline that experienced oiling of 

8 each Gulf Coast State. 

9 ‘‘(III) 20 percent based on the av10 erage population in the 2010 decennial 

11 census of coastal counties bordering the 

12 Gulf of Mexico within each Gulf Coast 

13 State. 

14 ‘‘(ii) MINIMUM ALLOCATION.—The 

15 amount disbursed to a Gulf Coast State for 

16 each fiscal year under clause (i) shall be at 

17 least 5 percent of the total amounts made 

18 available under this paragraph. 

19 ‘‘(B) APPROVAL OF PROJECTS AND PRO20 GRAMS.— 

21 ‘‘(i) IN GENERAL.—The Council shall 

22 disburse amounts to the respective Gulf 

23 Coast States in accordance with the formula 

24 developed under subparagraph (A) for 

25 projects, programs, and activities that will 
544 

† HR 4348 EAS 

1 improve the ecosystems or economy of the 

2 Gulf Coast, subject to the condition that 

3 each Gulf Coast State submits a plan for 

4 the expenditure of amounts disbursed under 

5 this paragraph which meet the following 

6 criteria: 

7 ‘‘(I) All projects, programs, and 

8 activities included in that plan are eli9 gible activities pursuant to paragraph 

10 (1)(B)(i). 

11 ‘‘(II) The projects, programs, and 

12 activities included in that plan con13 tribute to the overall economic and eco14 logical recovery of the Gulf Coast. 

15 ‘‘(III) The plan takes into consid16 eration the Comprehensive Plan and is 

17 consistent with its goals and objectives, 

18 as described in paragraph (2)(B)(i). 

19 ‘‘(ii) FUNDING.— 

20 ‘‘(I) IN GENERAL.—Except as pro21 vided in subclause (II), the plan de22 scribed in clause (i) may use not more 

23 than 25 percent of the funding made 

24 available for infrastructure projects eli-
545 

† HR 4348 EAS 

1 gible under subclauses (X) and (XI) of 

2 paragraph (1)(B)(i). 

3 ‘‘(II) EXCEPTION.—The plan de4 scribed in clause (i) may propose to 

5 use more than 25 percent of the fund6 ing made available for infrastructure 

7 projects eligible under subclauses (X) 

8 and (XI) of paragraph (1)(B)(i) if the 

9 plan certifies that— 

10 ‘‘(aa) ecosystem restoration 

11 needs in the State will be ad12 dressed by the projects in the pro13 posed plan; and 

14 ‘‘(bb) additional investment 

15 in infrastructure is required to 

16 mitigate the impacts of the Deep17 water Horizon Oil Spill to the 

18 ecosystem or economy. 

19 ‘‘(iii) DEVELOPMENT.—The plan de20 scribed in clause (i) shall be developed by— 

21 ‘‘(I) in the State of Alabama, the 

22 Alabama Gulf Coast Recovery Council 

23 established under paragraph (1)(E)(i); 

24 ‘‘(II) in the State of Florida, a 

25 consortia of local political subdivisions 
546 

† HR 4348 EAS 

1 that includes at least 1 representative 

2 of each disproportionally affected coun3 ty; 

4 ‘‘(III) in the State of Louisiana, 

5 the Coastal Protection and Restoration 

6 Authority of Louisiana; 

7 ‘‘(IV) in the State of Mississippi, 

8 the Office of the Governor or an ap9 pointee of the Office of the Governor; 

10 and 

11 ‘‘(V) in the State of Texas, the Of12 fice of the Governor or an appointee of 

13 the Office of the Governor. 

14 ‘‘(iv) APPROVAL.—Not later than 60 

15 days after the date on which a plan is sub16 mitted under clause (i), the Council shall 

17 approve or disapprove the plan based on the 

18 conditions of clause (i). 

19 ‘‘(C) DISAPPROVAL.—If the Council dis20 approves a plan pursuant to subparagraph 

21 (B)(iv), the Council shall— 

22 ‘‘(i) provide the reasons for dis23 approval in writing; and 
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† HR 4348 EAS 

1 ‘‘(ii) consult with the State to address 

2 any identified deficiencies with the State 

3 plan. 

4 ‘‘(D) FAILURE TO SUBMIT ADEQUATE

5 PLAN.—If a State fails to submit an adequate 

6 plan under this subsection, any funds made 

7 available under this subsection shall remain in 

8 the Trust Fund until such date as a plan is sub9 mitted and approved pursuant to this subsection. 

10 ‘‘(E) JUDICIAL REVIEW.—If the Council 

11 fails to approve or take action within 60 days on 

12 a plan described in subparagraph (B)(iv), the 

13 State may obtain expedited judicial review with14 in 90 days of that decision in a district court of 

15 the United States, of appropriate jurisdiction 

16 and venue, that is located within the State seek17 ing such review. 

18 ‘‘(4) AUTHORIZATION OF INTEREST TRANS19 FERS.— 

20 ‘‘(A) IN GENERAL.—Of the total amount 

21 made available in any fiscal year from the Trust 

22 Fund, an amount equal to the interest earned by 

23 the Trust Fund and proceeds from investments 

24 made by the Trust Fund in the preceding fiscal 

25 year— 
548 

† HR 4348 EAS 

1 ‘‘(i) 50 percent shall be transferred to 

2 the National Endowment for Oceans in sub3 paragraph (B); and 

4 ‘‘(ii) 50 percent shall be transferred to 

5 the Gulf of Mexico Research Endowment in 

6 subparagraph (C). 

7 ‘‘(B) NATIONAL ENDOWMENT FOR THE

8 OCEANS.— 

9 ‘‘(i) ESTABLISHMENT.— 

10 ‘‘(I) IN GENERAL.—There is estab11 lished in the Treasury of the United 

12 States a trust fund to be known as the 

13 ‘National Endowment for the Oceans’, 

14 consisting of such amounts as may be 

15 appropriated or credited to the Na16 tional Endowment for the Oceans. 

17 ‘‘(II) INVESTMENT.—Amounts in 

18 the National Endowment for the 

19 Oceans shall be invested in accordance 

20 with section 9602 of the Internal Rev21 enue Code of 1986, and any interest 

22 on, and proceeds from, any such in23 vestment shall be available for expendi24 ture in accordance with this subpara25 graph. 
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† HR 4348 EAS 

1 ‘‘(ii) TRUSTEE.—The trustee for the 

2 National Endowment for the Oceans shall 

3 be the Secretary of Commerce. 

4 ‘‘(iii) ALLOCATION OF FUNDS.— 

5 ‘‘(I) IN GENERAL.—Each fiscal 

6 year, the Secretary shall allocate, at a 

7 minimum, an amount equal to the in8 terest earned by the National Endow9 ment for the Oceans in the preceding 

10 fiscal year, and may distribute an 

11 amount equal to up to 10 percent of 

12 the total amounts in the National En13 dowment for the Oceans— 

14 ‘‘(aa) to allocate funding to 

15 coastal states (as defined in sec16 tion 304 of the Marine Resources 

17 and Engineering Development Act 

18 of 1966 (16 U.S.C. 1453)) and af19 fected Indian tribes; 

20 ‘‘(bb) to make grants to re21 gional ocean and coastal planning 

22 bodies; and 

23 ‘‘(cc) to develop and imple24 ment a National Grant Program 

25 for Oceans and Coastal Waters. 
550 

† HR 4348 EAS 

1 ‘‘(II) PROGRAM ADJUSTMENTS.— 

2 Each fiscal year where the amount de3 scribed in subparagraph (A)(i) does 

4 not exceed $100,000,000, the Secretary 

5 may elect to fund only the grant pro6 gram established in subclause (I)(cc). 

7 ‘‘(iv) ELIGIBLE ACTIVITIES.—Funds 

8 deposited in the National Endowment for 

9 the Oceans may be allocated by the Sec10 retary only to fund grants for programs 

11 and activities intended to restore, protect, 

12 maintain, or understand living marine re13 sources and their habitats and resources in 

14 ocean and coastal waters (as defined in sec15 tion 304 of the Marine Resources and Engi16 neering Development Act of 1966 (16 U.S.C. 

17 1453)), including baseline scientific re18 search, ocean observing, and other programs 

19 and activities carried out in coordination 

20 with Federal and State departments or 

21 agencies, that are consistent with Federal 

22 environmental laws and that avoid environ23 mental degradation. 

24 ‘‘(v) APPLICATION.—To be eligible to 

25 receive a grant under clause (iii)(I), an en-
551 

† HR 4348 EAS 

1 tity shall submit to the Secretary an appli2 cation at such time, in such manner, and 

3 containing such information as the Sec4 retary determines to be appropriate. 

5 ‘‘(vi) FUNDING FOR COASTAL

6 STATES.—The Secretary shall allocate fund7 ing among States as follows: 

8 ‘‘(I) 50 percent of the funds shall 

9 be allocated equally among coastal 

10 States. 

11 ‘‘(II) 25 percent of the funds shall 

12 be allocated based on tidal shoreline 

13 miles. 

14 ‘‘(III) 25 percent of the funds 

15 shall be allocated based on the coastal 

16 population density of a coastal State. 

17 ‘‘(IV) No State shall be allocated 

18 more than 10 percent of the total 

19 amount of funds available for alloca20 tion among coastal States for any fis21 cal year. 

22 ‘‘(V) No territory shall be allo23 cated more than 1 percent of the total 

24 amount of funds available for alloca-
552 

† HR 4348 EAS 

1 tion among coastal States for any fis2 cal year. 

3 ‘‘(C) GULF OF MEXICO RESEARCH ENDOW4 MENT.— 

5 ‘‘(i) IN GENERAL.—There is established 

6 in the Treasury of the United States a trust 

7 fund to be known as the ‘Gulf of Mexico Re8 search Endowment’, to be administered by 

9 the Secretary of Commerce, solely for use in 

10 providing long-term funding in accordance 

11 with section 1604 of the Resources and Eco12 systems Sustainability, Tourist Opportuni13 ties, and Revived Economies of the Gulf 

14 Coast States Act of 2012. 

15 ‘‘(ii) INVESTMENT.—Amounts in the 

16 Gulf of Mexico Research Endowment shall 

17 be invested in accordance with section 9602 

18 of the Internal Revenue Code of 1986, and, 

19 after adjustment for inflation so as to 

20 maintain the value of the principal, any in21 terest on, and proceeds from, any such in22 vestment shall be available for expenditure 

23 and shall be allocated in equal portions to 

24 the Gulf Coast Ecosystem Restoration 

25 Science, Monitoring, and Technology Pro-
553 

† HR 4348 EAS 

1 gram and Fisheries Endowment established 

2 in section 1604 of the Resources and Eco3 systems Sustainability, Tourist Opportuni4 ties, and Revived Economies of the Gulf 

5 Coast States Act of 2012.’’. 

6 SEC. 1604. GULF COAST ECOSYSTEM RESTORATION 

7 SCIENCE, OBSERVATION, MONITORING, AND 

8 TECHNOLOGY PROGRAM. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the National Oce12 anic and Atmospheric Administration. 

13 (2) FISHERIES AND ECOSYSTEM ENDOWMENT.— 

14 The term ‘‘Fisheries and Ecosystem Endowment’’ 

15 means the endowment established by subsection (d). 

16 (3) PROGRAM.—The term ‘‘Program’’ means the 

17 Gulf Coast Ecosystem Restoration Science, Observa18 tion, Monitoring, and Technology Program estab19 lished by subsection (b). 

20 (b) ESTABLISHMENT OF PROGRAM.—There is estab21 lished within the National Oceanic and Atmospheric Ad22 ministration a program to be known as the ‘‘Gulf Coast 

23 Ecosystem Restoration Science, Observation, Monitoring, 

24 and Technology Program’’, to be carried out by the Admin25 istrator. 
554 

† HR 4348 EAS 

1 (c) CENTERS OF EXCELLENCE.— 

2 (1) IN GENERAL.—In carrying out the Program, 

3 the Administrator, in consultation with other Federal 

4 agencies with expertise in the discipline of a center of 

5 excellence, shall make grants in accordance with 

6 paragraph (2) to establish and operate 5 centers of ex7 cellence, 1 of which shall be located in each of the 

8 States of Alabama, Florida, Louisiana, Mississippi, 

9 and Texas. 

10 (2) GRANTS.— 

11 (A) IN GENERAL.—The Administrator shall 

12 use the amounts made available to carry out this 

13 section to award competitive grants to non14 governmental entities and consortia in the Gulf 

15 Coast region (including public and private insti16 tutions of higher education) for the establishment 

17 of centers of excellence as described in paragraph 

18 (1). 

19 (B) APPLICATION.—To be eligible to receive 

20 a grant under this paragraph, an entity or con21 sortium described in subparagraph (A) shall sub22 mit to the Administrator an application at such 

23 time, in such manner, and containing such in24 formation as the Administrator determines to be 

25 appropriate. 
555 

† HR 4348 EAS 

1 (C) PRIORITY.—In awarding grants under 

2 this paragraph, the Administrator shall give pri3 ority to entities and consortia that demonstrate 

4 the ability to establish the broadest cross-section 

5 of participants with interest and expertise in 

6 any discipline described in paragraph (3) on 

7 which the proposal of the center of excellence will 

8 be focused. 

9 (3) DISCIPLINES.—Each center of excellence shall 

10 focus on science, technology, and monitoring in at 

11 least 1 of the following disciplines: 

12 (A) Coastal and deltaic sustainability, res13 toration and protection; including solutions and 

14 technology that allow citizens to live safely and 

15 sustainably in a coastal delta. 

16 (B) Coastal fisheries and wildlife ecosystem 

17 research and monitoring. 

18 (C) Offshore energy development, including 

19 research and technology to improve the sustain20 able and safe development of energy resources. 

21 (D) Sustainable and resilient growth, eco22 nomic and commercial development in the Gulf 

23 Coast. 

24 (E) Comprehensive observation, monitoring, 

25 and mapping of the Gulf of Mexico. 
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† HR 4348 EAS 

1 (4) COORDINATION WITH OTHER PROGRAMS.— 

2 The Administrator shall develop a plan for the coordi3 nation of projects and activities between the Program 

4 and other existing Federal and State science and tech5 nology programs in the States of Alabama, Florida, 

6 Louisiana, Mississippi, and Texas, as well as between 

7 the centers of excellence. 

8 (d) ESTABLISHMENT OF FISHERIES AND ECOSYSTEM

9 ENDOWMENT.— 

10 (1) IN GENERAL.—Not later than 180 days after 

11 the date of enactment of this Act, the Council shall es12 tablish a fishery and ecosystem endowment to ensure, 

13 to the maximum extent practicable, the long-term sus14 tainability of the ecosystem, fish stocks, fish habitat 

15 and the recreational, commercial, and charter fishing 

16 industry in the Gulf of Mexico. 

17 (2) EXPENDITURE OF FUNDS.—For each fiscal 

18 year, amounts made available to carry out this sub19 section may be expended for, with respect to the Gulf 

20 of Mexico— 

21 (A) marine and estuarine research; 

22 (B) marine and estuarine ecosystem moni23 toring and ocean observation; 

24 (C) data collection and stock assessments; 

25 (D) pilot programs for— 
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† HR 4348 EAS 

1 (i) fishery independent data; and 

2 (ii) reduction of exploitation of spawn3 ing aggregations; and 

4 (E) cooperative research. 

5 (3) ADMINISTRATION AND IMPLEMENTATION.— 

6 The Fisheries and Ecosystem Endowment shall be ad7 ministered by the Administrator of the National Oce8 anic and Atmospheric Administration, in consulta9 tion with the Director of the United States Fish and 

10 Wildlife Service, with guidance provided by the Re11 gional Gulf of Mexico Fishery Management Council. 

12 (4) SPECIES INCLUDED.—The Fisheries and Eco13 system Endowment will include all marine, estuarine, 

14 aquaculture, and fish and wildlife species in State 

15 and Federal waters of the Gulf of Mexico. 

16 (5) RESEARCH PRIORITIES.—In distributing 

17 funding under this subsection, priority shall be given 

18 to integrated, long-term projects that— 

19 (A) build on, or are coordinated with, re20 lated research activities; and 

21 (B) address current or anticipated marine 

22 ecosystem, fishery, or wildlife management infor23 mation needs. 

24 (6) DUPLICATION AND COORDINATION.—In car25 rying out this subsection, the Administrator shall seek 
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† HR 4348 EAS 

1 to avoid duplication of other research and monitoring 

2 activities and coordinate with existing research and 

3 monitoring programs, including the Integrated Coast4 al and Ocean Observation System Act of 2009 (33 

5 U.S.C. 3601 et seq.). 

6 (e) FUNDING.— 

7 (1) IN GENERAL.—Except as provided in sub8 section (t)(4) of section 311 of the Federal Water Pol9 lution Control Act (33 U.S.C. 1321), of the total 

10 amount made available for each fiscal year for the 

11 Gulf Coast Restoration Trust Fund established under 

12 section 1602, 5 percent shall be allocated in equal 

13 portions to the Program and Fisheries and Ecosystem 

14 Endowment established by this section. 

15 (2) ADMINISTRATIVE EXPENSES.—Of the 

16 amounts received by the National Oceanic and Atmos17 pheric Administration to carry out this section, not 

18 more than 3 percent may be used for administrative 

19 expenses. 

20 SEC. 1605. EFFECT. 

21 (a) IN GENERAL.—Nothing in this subtitle or any 

22 amendment made by this subtitle— 

23 (1) supersedes or otherwise affects any provision 

24 of Federal law, including, in particular, laws pro25 viding recovery for injury to natural resources under 
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† HR 4348 EAS 

1 the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) 

2 and laws for the protection of public health and the 

3 environment; or 

4 (2) applies to any fine collected under section 

5 311 of the Federal Water Pollution Control Act (33 

6 U.S.C. 1321) for any incident other than the Deep7 water Horizon oil spill. 

8 (b) USE OF FUNDS.—Funds made available under this 

9 subtitle may be used only for eligible activities specifically 

10 authorized by this subtitle. 

11 Subtitle G—Land and Water 

12 Conservation Fund 

13 SEC. 1701. LAND AND WATER CONSERVATION FUND. 

14 (a) AUTHORIZATION.—Section 2 of the Land and 

15 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5) 

16 is amended— 

17 (1) in the matter preceding subsection (a), by 

18 striking ‘‘September 30, 2015’’ and inserting ‘‘Sep19 tember 30, 2022’’; and 

20 (2) in subsection (c)(1), by striking ‘‘through 

21 September 30, 2015’’ and inserting ‘‘September 30, 

22 2022’’. 

23 (b) FUNDING.—Section 3 of the Land and Water Con24 servation Fund Act of 1965 (16 U.S.C. 460l-6) is amended 

25 to read as follows: 
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† HR 4348 EAS 

1 ‘‘SEC. 3. AVAILABILITY OF FUNDS. 

2 ‘‘(a) FUNDING.— 

3 ‘‘(1) FISCAL YEARS 2013 AND 2014.—For each of 

4 fiscal years 2013 and 2014— 

5 ‘‘(A) $700,000,000 of amounts covered into 

6 the fund under section 2 shall be available for ex7 penditure, without further appropriation or fis8 cal year limitation, to carry out the purposes of 

9 this Act; and 

10 ‘‘(B) the remainder of amounts covered into 

11 the fund shall be available subject to appropria12 tions, which may be made without fiscal year 

13 limitation. 

14 ‘‘(2) FISCAL YEARS 2015 THROUGH 2022.—For 

15 each of fiscal years 2015 through 2022, amounts cov16 ered into the fund under section 2 shall be available 

17 for expenditure to carry out the purposes of this Act 

18 subject to appropriations, which may be made with19 out fiscal year limitation. 

20 ‘‘(b) USES.—Amounts made available for obligation or 

21 expenditure from the fund may be obligated or expended 

22 only as provided in this Act. 

23 ‘‘(c) WILLING SELLERS.—In using amounts made 

24 available under subsection (a)(1)(A), the Secretary shall 

25 only acquire land or interests in land by purchase, ex26 change, or donation from a willing seller. 
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1 ‘‘(d) ADDITIONAL AMOUNTS.—Amounts made avail2 able under subsection (a)(1)(A) shall be in addition to 

3 amounts made available to the fund under section 105 of 

4 the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 

5 1331 note; Public Law 109–432). 

6 ‘‘(e) ALLOCATION AUTHORITY.—Appropriation Acts 

7 may provide for the allocation of amounts covered into the 

8 fund under section 2.’’. 

9 (c) ALLOCATION OF FUNDS.—Section 5 of the Land 

10 and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

11 7) is amended— 

12 (1) in the first sentence, by inserting ‘‘or expend13 itures’’ after ‘‘appropriations’’; 

14 (2) in the second sentence— 

15 (A) by inserting ‘‘or expenditures’’ after 

16 ‘‘appropriations’’; and 

17 (B) by inserting before the period at the end 

18 the following: ‘‘, including the amounts to be al19 located from the fund for Federal and State pur20 poses’’; and 

21 (3) by striking ‘‘Those appropriations from’’ and 

22 all that follows through the end of the section. 

23 (d) CONFORMING AMENDMENTS.—Section 6(b) of the 

24 Land and Water Conservation Fund Act of 1965 (16 U.S.C. 

25 460l–8(b)) is amended— 
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1 (1) in the matter preceding paragraph (1), by 

2 inserting ‘‘or expended’’ after ‘‘appropriated’’; 

3 (2) in paragraph (1)— 

4 (A) by inserting ‘‘or expenditures’’ after 

5 ‘‘appropriations’’; and 

6 (B) by striking ‘‘; and’’ and inserting a pe7 riod; and 

8 (3) in the first sentence of paragraph (2), by in9 serting ‘‘or expenditure’’ after ‘‘appropriation’’. 

10 (e) PUBLIC ACCESS.—Section 7 of the Land and Water 

11 Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is 

12 amended— 

13 (1) in subsection (a)— 

14 (A) in the matter preceding paragraph (1), 

15 by inserting ‘‘or expended’’ after ‘‘appropriated’’; 

16 and 

17 (B) in paragraph (3), by inserting ‘‘or ex18 penditures’’ after ‘‘such appropriations’’; 

19 (2) in subsection (b)— 

20 (A) in the first sentence, by inserting ‘‘or 

21 expenditures’’ after ‘‘Appropriations’’; and 

22 (B) in the proviso, by inserting ‘‘or expend23 itures’’ after ‘‘appropriations’’; 

24 (3) in the first sentence of subsection (c)(1)— 
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1 (A) by inserting ‘‘or expended’’ after ‘‘ap2 propriated’’; and 

3 (B) by inserting ‘‘or expenditures’’ after 

4 ‘‘appropriations’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(d) PUBLIC ACCESS.—Not less than 1.5 percent of the 

7 annual authorized funding amount shall be made available 

8 each year for projects that secure recreational public access 

9 to existing Federal public land for hunting, fishing, and 

10 other recreational purposes.’’. 

11 Subtitle H—Offsets 

12 SEC. 1801. DELAY IN APPLICATION OF WORLDWIDE INTER13 EST. 

14 (a) IN GENERAL.—Paragraphs (5)(D) and (6) of sec15 tion 864(f) of the Internal Revenue Code of 1986 are each 

16 amended by striking ‘‘December 31, 2020’’ and inserting 

17 ‘‘December 31, 2021.’’ 

18 (b) EFFECTIVE DATE.—The amendments made by this 

19 section shall take effect on the date of the enactment of this 

20 Act. 
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1 TITLE II—AMERICA FAST FOR2 WARD FINANCING INNOVA3 TION 

4 SEC. 2001. SHORT TITLE. 

5 This title may be cited as the ‘‘America Fast Forward 

6 Financing Innovation Act of 2011’’. 

7 SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE 

8 AND INNOVATION ACT AMENDMENTS. 

9 Sections 601 through 609 of title 23, United States 

10 Code, are amended to read as follows: 

11 ‘‘§ 601. Generally applicable provisions 

12 ‘‘(a) DEFINITIONS.—In this chapter, the following 

13 definitions apply: 

14 ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli15 gible project costs’ means amounts substantially all of 

16 which are paid by, or for the account of, an obligor 

17 in connection with a project, including the cost of— 

18 ‘‘(A) development phase activities, including 

19 planning, feasibility analysis, revenue fore20 casting, environmental review, permitting, pre21 liminary engineering and design work, and other 

22 preconstruction activities; 

23 ‘‘(B) construction, reconstruction, rehabili24 tation, replacement, and acquisition of real 

25 property (including land relating to the project 
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1 and improvements to land), environmental miti2 gation, construction contingencies, and acquisi3 tion of equipment; and 

4 ‘‘(C) capitalized interest necessary to meet 

5 market requirements, reasonably required reserve 

6 funds, capital issuance expenses, and other car7 rying costs during construction. 

8 ‘‘(2) FEDERAL CREDIT INSTRUMENT.—The term 

9 ‘Federal credit instrument’ means a secured loan, 

10 loan guarantee, or line of credit authorized to be 

11 made available under this chapter with respect to a 

12 project. 

13 ‘‘(3) INVESTMENT-GRADE RATING.—The term 

14 ‘investment-grade rating’ means a rating of BBB 

15 minus, Baa3, bbb minus, BBB (low), or higher as16 signed by a rating agency to project obligations. 

17 ‘‘(4) LENDER.—The term ‘lender’ means any 

18 non-Federal qualified institutional buyer (as defined 

19 in section 230.144A(a) of title 17, Code of Federal 

20 Regulations (or any successor regulation), known as 

21 Rule 144A(a) of the Securities and Exchange Com22 mission and issued under the Securities Act of 1933 

23 (15 U.S.C. 77a et seq.)), including— 

24 ‘‘(A) a qualified retirement plan (as defined 

25 in section 4974(c) of the Internal Revenue Code 
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1 of 1986) that is a qualified institutional buyer; 

2 and 

3 ‘‘(B) a governmental plan (as defined in 

4 section 414(d) of the Internal Revenue Code of 

5 1986) that is a qualified institutional buyer. 

6 ‘‘(5) LETTER OF INTEREST.—The term ‘letter of 

7 interest’ means a letter submitted by a potential ap8 plicant prior to an application for credit assistance 

9 in a format prescribed by the Secretary on the website 

10 of the TIFIA program, which— 

11 ‘‘(A) describes the project and the location, 

12 purpose, and cost of the project; 

13 ‘‘(B) outlines the proposed financial plan, 

14 including the requested credit assistance and the 

15 proposed obligor; 

16 ‘‘(C) provides a status of environmental re17 view; and 

18 ‘‘(D) provides information regarding satis19 faction of other eligibility requirements of the 

20 TIFIA program. 

21 ‘‘(6) LINE OF CREDIT.—The term ‘‘ ‘line of cred22 it’ ’’ means an agreement entered into by the Sec23 retary with an obligor under section 604 to provide 

24 a direct loan at a future date upon the occurrence of 

25 certain events. 
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1 ‘‘(7) LIMITED BUYDOWN.—The term ‘limited 

2 buydown’ means, subject to the conditions described 

3 in section 603(b)(4)(C), a buydown of the interest 

4 rate by the Secretary and by the obligor if the interest 

5 rate has increased between— 

6 ‘‘(A)(i) the date on which a project applica7 tion acceptable to the Secretary is submitted; or 

8 ‘‘(ii) the date on which the Secretary en9 tered into a master credit agreement; and 

10 ‘‘(B) the date on which the Secretary exe11 cutes the Federal credit instrument. 

12 ‘‘(8) LOAN GUARANTEE.—The term ‘loan guar13 antee’ means any guarantee or other pledge by the 

14 Secretary to pay all or part of the principal of and 

15 interest on a loan or other debt obligation issued by 

16 an obligor and funded by a lender. 

17 ‘‘(9) MASTER CREDIT AGREEMENT.—The term 

18 ‘master credit agreement’ means an agreement to ex19 tend credit assistance for a program of projects se20 cured by a common security pledge (which shall re21 ceive an investment grade rating from a rating agen22 cy), or for a single project covered under section 

23 602(b)(2) that would— 

24 ‘‘(A) make contingent commitments of 1 or 

25 more secured loans or other Federal credit in-
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1 struments at future dates, subject to the avail2 ability of future funds being made available to 

3 carry out this chapter; 

4 ‘‘(B) establish the maximum amounts and 

5 general terms and conditions of the secured loans 

6 or other Federal credit instruments; 

7 ‘‘(C) identify the 1 or more dedicated non8 Federal revenue sources that will secure the re9 payment of the secured loans or secured Federal 

10 credit instruments; 

11 ‘‘(D) provide for the obligation of funds for 

12 the secured loans or secured Federal credit in13 struments after all requirements have been met 

14 for the projects subject to the master credit agree15 ment, including— 

16 ‘‘(i) completion of an environmental 

17 impact statement or similar analysis re18 quired under the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

20 ‘‘(ii) compliance with such other re21 quirements as are specified in section 

22 602(c); and 

23 ‘‘(iii) the availability of funds to carry 

24 out this chapter; and 
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1 ‘‘(E) require that contingent commitments 

2 result in a financial close and obligation of cred3 it assistance not later than 3 years after the date 

4 of entry into the master credit agreement, or re5 lease of the commitment, unless otherwise ex6 tended by the Secretary. 

7 ‘‘(10) OBLIGOR.—The term ‘obligor’ means a 

8 party that— 

9 ‘‘(A) is primarily liable for payment of the 

10 principal of or interest on a Federal credit in11 strument; and 

12 ‘‘(B) may be a corporation, partnership, 

13 joint venture, trust, or governmental entity, 

14 agency, or instrumentality. 

15 ‘‘(11) PROJECT.—The term ‘project’ means— 

16 ‘‘(A) any surface transportation project eli17 gible for Federal assistance under this title or 

18 chapter 53 of title 49; 

19 ‘‘(B) a project for an international bridge 

20 or tunnel for which an international entity au21 thorized under Federal or State law is respon22 sible; 

23 ‘‘(C) a project for intercity passenger bus or 

24 rail facilities and vehicles, including facilities 

25 and vehicles owned by the National Railroad 
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1 Passenger Corporation and components of mag2 netic levitation transportation systems; and 

3 ‘‘(D) a project that— 

4 ‘‘(i) is a project— 

5 ‘‘(I) for a public freight rail facil6 ity or a private facility providing pub7 lic benefit for highway users by way of 

8 direct freight interchange between high9 way and rail carriers; 

10 ‘‘(II) for an intermodal freight 

11 transfer facility; 

12 ‘‘(III) for a means of access to a 

13 facility described in subclause (I) or 

14 (II); 

15 ‘‘(IV) for a service improvement 

16 for a facility described in subclause (I) 

17 or (II) (including a capital investment 

18 for an intelligent transportation sys19 tem); or 

20 ‘‘(V) that comprises a series of 

21 projects described in subclauses (I) 

22 through (IV) with the common objective 

23 of improving the flow of goods; 

24 ‘‘(ii) may involve the combining of pri25 vate and public sector funds, including in-
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1 vestment of public funds in private sector 

2 facility improvements; 

3 ‘‘(iii) if located within the boundaries 

4 of a port terminal, includes only such sur5 face transportation infrastructure modifica6 tions as are necessary to facilitate direct 

7 intermodal interchange, transfer, and access 

8 into and out of the port; and 

9 ‘‘(iv) is composed of related highway, 

10 surface transportation, transit, rail, or 

11 intermodal capital improvement projects el12 igible for assistance under this subsection in 

13 order to meet the eligible project cost thresh14 old under section 602, by grouping related 

15 projects together for that purpose, on the 

16 condition that the credit assistance for the 

17 projects is secured by a common pledge. 

18 ‘‘(12) PROJECT OBLIGATION.—The term ‘project 

19 obligation’ means any note, bond, debenture, or other 

20 debt obligation issued by an obligor in connection 

21 with the financing of a project, other than a Federal 

22 credit instrument. 

23 ‘‘(13) RATING AGENCY.—The term ‘rating agen24 cy’ means a credit rating agency registered with the 

25 Securities and Exchange Commission as a nationally 
572 

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1 recognized statistical rating organization (as that 

2 term is defined in section 3(a) of the Securities Ex3 change Act of 1934 (15 U.S.C. 78c(a))). 

4 ‘‘(14) RURAL INFRASTRUCTURE PROJECT.—The 

5 term ‘rural infrastructure project’ means a surface 

6 transportation infrastructure project either— 

7 ‘‘(A) located in any area other than an ur8 banized area that has a population of greater 

9 than 250,000 inhabitants; or 

10 ‘‘(B) connects a rural area to a city with a 

11 population of less than 250,000 inhabitants 

12 within the city limits. 

13 ‘‘(15) SECURED LOAN.—The term ‘secured loan’ 

14 means a direct loan or other debt obligation issued by 

15 an obligor and funded by the Secretary in connection 

16 with the financing of a project under section 603. 

17 ‘‘(16) STATE.—The term ‘State’ has the meaning 

18 given the term in section 101. 

19 ‘‘(17) SUBSIDY AMOUNT.—The term ‘subsidy 

20 amount’ means the amount of budget authority suffi21 cient to cover the estimated long-term cost to the Fed22 eral Government of a Federal credit instrument, cal23 culated on a net present value basis, excluding ad24 ministrative costs and any incidental effects on gov25 ernmental receipts or outlays in accordance with the 
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1 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et 

2 seq.). 

3 ‘‘(18) SUBSTANTIAL COMPLETION.—The term 

4 ‘substantial completion’ means— 

5 ‘‘(A) the opening of a project to vehicular or 

6 passenger traffic; or 

7 ‘‘(B) a comparable event, as determined by 

8 the Secretary and specified in the credit agree9 ment. 

10 ‘‘(19) TIFIA PROGRAM.—The term ‘TIFIA pro11 gram’ means the transportation infrastructure fi12 nance and innovation program of the Department. 

13 ‘‘(20) CONTINGENT COMMITMENT.—The term 

14 ‘contingent commitment’ means a commitment to ob15 ligate an amount from future available budget au16 thority that is— 

17 ‘‘(A) contingent upon those funds being 

18 made available in law at a future date; and 

19 ‘‘(B) not an obligation of the Federal Gov20 ernment. 

21 ‘‘(b) TREATMENT OF CHAPTER.—For purposes of this 

22 title, this chapter shall be treated as being part of chapter 

23 1. 
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1 ‘‘§ 602. Determination of eligibility and project selec2 tion 

3 ‘‘(a) ELIGIBILITY.—A project shall be eligible to receive 

4 credit assistance under this chapter if the entity proposing 

5 to carry out the project submits a letter of interest prior 

6 to submission of a formal application for the project, and 

7 the project meets the following criteria: 

8 ‘‘(1) CREDITWORTHINESS.— 

9 ‘‘(A) IN GENERAL.—The project shall satisfy 

10 applicable creditworthiness standards, which, at 

11 a minimum, includes— 

12 ‘‘(i) a rate covenant, if applicable; 

13 ‘‘(ii) adequate coverage requirements to 

14 ensure repayment; 

15 ‘‘(iii) an investment grade rating from 

16 at least 2 rating agencies on debt senior to 

17 the Federal credit instrument; and 

18 ‘‘(iv) a rating from at least 2 rating 

19 agencies on the Federal credit instrument, 

20 subject to the condition that, with respect to 

21 clause (iii), if the senior debt and Federal 

22 credit instrument is for an amount less 

23 than $75,000,000 or for a rural infrastruc24 ture project or intelligent transportation 

25 systems project, 1 rating agency opinion for 
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1 each of the senior debt and Federal credit 

2 instrument shall be sufficient. 

3 ‘‘(B) SENIOR DEBT.—Notwithstanding sub4 paragraph (A), in a case in which the Federal 

5 credit instrument is the senior debt, the Federal 

6 credit instrument shall be required to receive an 

7 investment grade rating from at least 2 rating 

8 agencies, unless the credit instrument is for a 

9 rural infrastructure project or intelligent trans10 portation systems project, in which case 1 rating 

11 agency opinion shall be sufficient. 

12 ‘‘(2) INCLUSION IN TRANSPORTATION PLANS AND

13 PROGRAMS.—The project shall satisfy the applicable 

14 planning and programming requirements of sections 

15 134 and 135 at such time as an agreement to make 

16 available a Federal credit instrument is entered into 

17 under this chapter. 

18 ‘‘(3) APPLICATION.—A State, local government, 

19 public authority, public-private partnership, or any 

20 other legal entity undertaking the project and author21 ized by the Secretary, shall submit a project applica22 tion acceptable to the Secretary. 

23 ‘‘(4) ELIGIBLE PROJECT COSTS.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), to be eligible for assistance 
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1 under this chapter, a project shall have eligible 

2 project costs that are reasonably anticipated to 

3 equal or exceed the lesser of— 

4 ‘‘(i)(I) $50,000,000; or 

5 ‘‘(II) in the case of a rural infrastruc6 ture project, $25,000,000; or 

‘‘(ii) 331 7 ⁄3 percent of the amount of 

8 Federal highway assistance funds appor9 tioned for the most recently completed fiscal 

10 year to the State in which the project is lo11 cated. 

12 ‘‘(B) INTELLIGENT TRANSPORTATION SYS13 TEM PROJECTS.—In the case of a project prin14 cipally involving the installation of an intel15 ligent transportation system, eligible project costs 

16 shall be reasonably anticipated to equal or exceed 

17 $15,000,000. 

18 ‘‘(5) DEDICATED REVENUE SOURCES.—The Fed19 eral credit instrument shall be repayable, in whole or 

20 in part, from tolls, user fees, or other dedicated rev21 enue sources that also secure the project obligations. 

22 ‘‘(6) PUBLIC SPONSORSHIP OF PRIVATE ENTI23 TIES.—In the case of a project that is undertaken by 

24 an entity that is not a State or local government or 

25 an agency or instrumentality of a State or local gov-
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1 ernment, the project that the entity is undertaking 

2 shall be publicly sponsored as provided in paragraph 

3 (2). 

4 ‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.— 

5 ‘‘(1) ESTABLISHMENT.—The Secretary shall es6 tablish a rolling application process in which projects 

7 that are eligible to receive credit assistance under sub8 section (a) shall receive credit assistance on terms ac9 ceptable to the Secretary, if adequate funds are avail10 able to cover the subsidy costs associated with the 

11 Federal credit instrument. 

12 ‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.— 

13 ‘‘If the Secretary fully obligates funding to 

14 eligible projects in a given fiscal year, and ade15 quate funding is not available to fund a credit 

16 instrument, a project sponsor of an eligible 

17 project may elect to enter into a master credit 

18 agreement and wait until the following fiscal 

19 year or until additional funds are available to 

20 receive credit assistance. 

21 ‘‘(3) PRELIMINARY RATING OPINION LETTER.— 

22 The Secretary shall require each project applicant to 

23 provide a preliminary rating opinion letter from at 

24 least 1 rating agency— 
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1 ‘‘(A) indicating that the senior obligations 

2 of the project, which may be the Federal credit 

3 instrument, have the potential to achieve an in4 vestment-grade rating; and 

5 ‘‘(B) including a preliminary rating opin6 ion on the Federal credit instrument. 

7 ‘‘(c) FEDERAL REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—In addition to the require9 ments of this title for highway projects, chapter 53 of 

10 title 49 for transit projects, and section 5333(a) of 

11 title 49 for rail projects, the following provisions of 

12 law shall apply to funds made available under this 

13 chapter and projects assisted with the funds: 

14 ‘‘(A) Title VI of the Civil Rights Act of 

15 1964 (42 U.S.C. 2000d et seq.). 

16 ‘‘(B) The National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et seq.). 

18 ‘‘(C) The Uniform Relocation Assistance 

19 and Real Property Acquisition Policies Act of 

20 1970 (42 U.S.C. 4601 et seq.). 

21 ‘‘(2) NEPA.—No funding shall be obligated for 

22 a project that has not received an environmental Cat23 egorical Exclusion, Finding of No Significant Im24 pact, or Record of Decision under the National Envi-
579 

† HR 4348 EAS 

1 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.). 

3 ‘‘§ 603. Secured loans 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 

6 through (4), the Secretary may enter into agreements 

7 with 1 or more obligors to make secured loans, the 

8 proceeds of which shall be used— 

9 ‘‘(A) to finance eligible project costs of any 

10 project selected under section 602; 

11 ‘‘(B) to refinance interim construction fi12 nancing of eligible project costs of any project se13 lected under section 602; 

14 ‘‘(C) to refinance existing loan agreements 

15 for rural infrastructure projects; or 

16 ‘‘(D) to refinance long-term project obliga17 tions or Federal credit instruments if the refi18 nancing provides additional funding capacity 

19 for the completion, enhancement, or expansion of 

20 any project that— 

21 ‘‘(i) is selected under section 602; or 

22 ‘‘(ii) otherwise meets the requirements 

23 of section 602. 

24 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

25 CONSTRUCTION FINANCING.—A loan under paragraph 
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† HR 4348 EAS 

1 (1) shall not refinance interim construction financing 

2 under paragraph (1)(B) later than 1 year after the 

3 date of substantial completion of the project. 

4 ‘‘(3) RISK ASSESSMENT.—Before entering into 

5 an agreement under this subsection, the Secretary, in 

6 consultation with the Director of the Office of Man7 agement and Budget, shall determine an appropriate 

8 capital reserve subsidy amount for each secured loan, 

9 taking into account each rating letter provided by an 

10 agency under section 602(b)(3)(B). 

11 ‘‘(b) TERMS AND LIMITATIONS.— 

12 ‘‘(1) IN GENERAL.—A secured loan under this 

13 section with respect to a project shall be on such terms 

14 and conditions and contain such covenants, represen15 tations, warranties, and requirements (including re16 quirements for audits) as the Secretary determines 

17 appropriate. 

18 ‘‘(2) MAXIMUM AMOUNT.—The amount of the se19 cured loan shall not exceed the lesser of 49 percent of 

20 the reasonably anticipated eligible project costs or, if 

21 the secured loan does not receive an investment grade 

22 rating, the amount of the senior project obligations. 

23 ‘‘(3) PAYMENT.—The secured loan— 

24 ‘‘(A) shall— 
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1 ‘‘(i) be payable, in whole or in part, 

2 from tolls, user fees, or other dedicated rev3 enue sources that also secure the senior 

4 project obligations; and 

5 ‘‘(ii) include a rate covenant, coverage 

6 requirement, or similar security feature 

7 supporting the project obligations; and 

8 ‘‘(B) may have a lien on revenues described 

9 in subparagraph (A) subject to any lien securing 

10 project obligations. 

11 ‘‘(4) INTEREST RATE.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraphs (B) and (C), the interest rate on 

14 the secured loan shall be not less than the yield 

15 on United States Treasury securities of a similar 

16 maturity to the maturity of the secured loan on 

17 the date of execution of the loan agreement. 

18 ‘‘(B) RURAL INFRASTRUCTURE

19 PROJECTS.—A loan offered to a rural infrastructure project under this chapter shall be at 1 20 ⁄2 of 

21 the Treasury Rate. 

22 ‘‘(C) LIMITED BUYDOWNS.—A limited 

23 buydown is subject to the following conditions: 
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1 ‘‘(i) The interest rate under the agree2 ment may not be lowered by more than the 

3 lower of— 

‘‘(I) 11 4 ⁄2 percentage points (150 

5 basis points); or 

6 ‘‘(II) the amount of the increase 

7 in the interest rate. 

8 ‘‘(ii) The Secretary may pay up to 50 

9 percent of the cost of the limited buydown, 

10 and the obligor shall pay the balance of the 

11 cost of the limited buydown. 

12 ‘‘(iii) Not more than 5 percent of the 

13 funding made available annually to carry 

14 out this chapter may be used to carry out 

15 limited buydowns. 

16 ‘‘(5) MATURITY DATE.—The final maturity date 

17 of the secured loan shall be the lesser of— 

18 ‘‘(A) 35 years after the date of substantial 

19 completion of the project; or 

20 ‘‘(B) if the useful life of the capital asset 

21 being financed is of a lesser period, the useful life 

22 of the asset. 

23 ‘‘(6) NONSUBORDINATION.— 

24 ‘‘(A) IN GENERAL.—Except as provided in 

25 subparagraph (B), the secured loan shall not be 
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† HR 4348 EAS 

1 subordinated to the claims of any holder of 

2 project obligations in the event of bankruptcy, 

3 insolvency, or liquidation of the obligor. 

4 ‘‘(B) PRE-EXISTING INDENTURE.— 

5 ‘‘(i) IN GENERAL.—The Secretary shall 

6 waive subparagraph (A) for public agency 

7 borrowers that are financing ongoing cap8 ital programs and have outstanding senior 

9 bonds under a pre-existing indenture, if— 

10 ‘‘(I) the secured loan is rated in 

11 the A-category or higher; 

12 ‘‘(II) the secured loan is secured 

13 and payable from pledged revenues not 

14 affected by project performance, such 

15 as a tax-backed revenue pledge or a 

16 system-backed pledge of project reve17 nues; and 

18 ‘‘(III) the TIFIA program share 

19 of eligible project costs is 33 percent or 

20 less. 

21 ‘‘(ii) LIMITATION.—If the Secretary 

22 waives the nonsubordination requirement 

23 under this subparagraph— 

24 ‘‘(I) the maximum credit subsidy 

25 that will be paid by the Federal Gov-
584 

† HR 4348 EAS 

1 ernment shall be limited to 10 percent 

2 of the principal amount of the secured 

3 loan; and 

4 ‘‘(II) the obligor shall be respon5 sible for paying the remainder of the 

6 subsidy cost. 

7 ‘‘(7) FEES.—The Secretary may establish fees at 

8 a level sufficient to cover all or a portion of the costs 

9 to the Federal Government of making a secured loan 

10 under this section. 

11 ‘‘(8) NON-FEDERAL SHARE.—The proceeds of a 

12 secured loan under this chapter may be used for any 

13 non-Federal share of project costs required under this 

14 title or chapter 53 of title 49, if the loan is repayable 

15 from non-Federal funds. 

16 ‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The 

17 total Federal assistance provided on a project receiv18 ing a loan under this chapter shall not exceed 80 per19 cent of the total project cost. 

20 ‘‘(c) REPAYMENT.— 

21 ‘‘(1) SCHEDULE.—The Secretary shall establish 

22 a repayment schedule for each secured loan under this 

23 section based on the projected cash flow from project 

24 revenues and other repayment sources, and the useful 

25 life of the project. 
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1 ‘‘(2) COMMENCEMENT.—Scheduled loan repay2 ments of principal or interest on a secured loan under 

3 this section shall commence not later than 5 years 

4 after the date of substantial completion of the project. 

5 ‘‘(3) DEFERRED PAYMENTS.— 

6 ‘‘(A) AUTHORIZATION.—If, at any time 

7 after the date of substantial completion of the 

8 project, the project is unable to generate suffi9 cient revenues to pay the scheduled loan repay10 ments of principal and interest on the secured 

11 loan, the Secretary may, subject to subparagraph 

12 (C), allow the obligor to add unpaid principal 

13 and interest to the outstanding balance of the se14 cured loan. 

15 ‘‘(B) INTEREST.—Any payment deferred 

16 under subparagraph (A) shall— 

17 ‘‘(i) continue to accrue interest in ac18 cordance with subsection (b)(4) until fully 

19 repaid; and 

20 ‘‘(ii) be scheduled to be amortized over 

21 the remaining term of the loan. 

22 ‘‘(C) CRITERIA.— 

23 ‘‘(i) IN GENERAL.—Any payment de24 ferral under subparagraph (A) shall be con-
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† HR 4348 EAS 

1 tingent on the project meeting criteria es2 tablished by the Secretary. 

3 ‘‘(ii) REPAYMENT STANDARDS.—The 

4 criteria established under clause (i) shall 

5 include standards for reasonable assurance 

6 of repayment. 

7 ‘‘(4) PREPAYMENT.— 

8 ‘‘(A) USE OF EXCESS REVENUES.—Any ex9 cess revenues that remain after satisfying sched10 uled debt service requirements on the project obli11 gations and secured loan and all deposit require12 ments under the terms of any trust agreement, 

13 bond resolution, or similar agreement securing 

14 project obligations may be applied annually to 

15 prepay the secured loan without penalty. 

16 ‘‘(B) USE OF PROCEEDS OF REFI17 NANCING.—The secured loan may be prepaid at 

18 any time without penalty from the proceeds of 

19 refinancing from non-Federal funding sources. 

20 ‘‘(d) SALE OF SECURED LOANS.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), as 

22 soon as practicable after substantial completion of a 

23 project and after notifying the obligor, the Secretary 

24 may sell to another entity or reoffer into the capital 

25 markets a secured loan for the project if the Secretary 
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1 determines that the sale or reoffering can be made on 

2 favorable terms. 

3 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

4 or reoffering under paragraph (1), the Secretary may 

5 not change the original terms and conditions of the 

6 secured loan without the written consent of the obli7 gor. 

8 ‘‘(e) LOAN GUARANTEES.— 

9 ‘‘(1) IN GENERAL.—The Secretary may provide 

10 a loan guarantee to a lender in lieu of making a se11 cured loan if the Secretary determines that the budg12 etary cost of the loan guarantee is substantially the 

13 same as that of a secured loan. 

14 ‘‘(2) TERMS.—The terms of a guaranteed loan 

15 shall be consistent with the terms set forth in this sec16 tion for a secured loan, except that the rate on the 

17 guaranteed loan and any prepayment features shall 

18 be negotiated between the obligor and the lender, with 

19 the consent of the Secretary. 

20 ‘‘§ 604. Lines of credit 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 

23 through (4), the Secretary may enter into agreements 

24 to make available lines of credit to 1 or more obligors 

25 in the form of direct loans to be made by the Sec-
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1 retary at future dates on the occurrence of certain 

2 events for any project selected under section 602. 

3 ‘‘(2) USE OF PROCEEDS.—The proceeds of a line 

4 of credit made available under this section shall be 

5 available to pay debt service on project obligations 

6 issued to finance eligible project costs, extraordinary 

7 repair and replacement costs, operation and mainte8 nance expenses, and costs associated with unexpected 

9 Federal or State environmental restrictions. 

10 ‘‘(3) RISK ASSESSMENT.—Before entering into 

11 an agreement under this subsection, the Secretary, in 

12 consultation with the Director of the Office of Man13 agement and Budget and each rating agency pro14 viding a preliminary rating opinion letter under sec15 tion 602(b)(3), shall determine an appropriate cap16 ital reserve subsidy amount for each line of credit, 

17 taking into account the rating opinion letter. 

18 ‘‘(4) INVESTMENT-GRADE RATING REQUIRE19 MENT.—The funding of a line of credit under this sec20 tion shall be contingent on the senior obligations of 

21 the project receiving an investment-grade rating from 

22 2 rating agencies. 

23 ‘‘(b) TERMS AND LIMITATIONS.— 

24 ‘‘(1) IN GENERAL.—A line of credit under this 

25 section with respect to a project shall be on such terms 
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1 and conditions and contain such covenants, represen2 tations, warranties, and requirements (including re3 quirements for audits) as the Secretary determines 

4 appropriate. 

5 ‘‘(2) MAXIMUM AMOUNTS.—The total amount of 

6 the line of credit shall not exceed 33 percent of the 

7 reasonably anticipated eligible project costs. 

8 ‘‘(3) DRAWS.—Any draw on the line of credit 

9 shall represent a direct loan and shall be made only 

10 if net revenues from the project (including capitalized 

11 interest but not including reasonably required financ12 ing reserves) are insufficient to pay the costs specified 

13 in subsection (a)(2). 

14 ‘‘(4) INTEREST RATE.—Except as otherwise pro15 vided in subparagraphs (B) and (C) of section 

16 603(b)(4), the interest rate on a direct loan resulting 

17 from a draw on the line of credit shall be not less 

18 than the yield on 30-year United States Treasury se19 curities as of the date of execution of the line of credit 

20 agreement. 

21 ‘‘(5) SECURITY.—The line of credit— 

22 ‘‘(A) shall— 

23 ‘‘(i) be payable, in whole or in part, 

24 from tolls, user fees, or other dedicated rev-
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1 enue sources that also secure the senior 

2 project obligations; and 

3 ‘‘(ii) include a rate covenant, coverage 

4 requirement, or similar security feature 

5 supporting the project obligations; and 

6 ‘‘(B) may have a lien on revenues described 

7 in subparagraph (A) subject to any lien securing 

8 project obligations. 

9 ‘‘(6) PERIOD OF AVAILABILITY.—The full amount 

10 of the line of credit, to the extent not drawn upon, 

11 shall be available during the period beginning on the 

12 date of substantial completion of the project and end13 ing not later than 10 years after that date. 

14 ‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— 

15 ‘‘(A) AGAINST FEDERAL GOVERNMENT.—A 

16 third-party creditor of the obligor shall not have 

17 any right against the Federal Government with 

18 respect to any draw on the line of credit. 

19 ‘‘(B) ASSIGNMENT.—An obligor may assign 

20 the line of credit to 1 or more lenders or to a 

21 trustee on the behalf of the lenders. 

22 ‘‘(8) NONSUBORDINATION.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraphs (B) and (C), a direct loan under 

25 this section shall not be subordinated to the 
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1 claims of any holder of project obligations in the 

2 event of bankruptcy, insolvency, or liquidation of 

3 the obligor. 

4 ‘‘(B) PRE-EXISTING INDENTURE.— 

5 ‘‘(i) IN GENERAL.—The Secretary shall 

6 waive subparagraph (A) for public agency 

7 borrowers that are financing ongoing cap8 ital programs and have outstanding senior 

9 bonds under a pre-existing indenture, if— 

10 ‘‘(I) the line of credit is rated in 

11 the A-category or higher; 

12 ‘‘(II) the TIFIA program loan re13 sulting from a draw on the line of 

14 credit is payable from pledged revenues 

15 not affected by project performance, 

16 such as a tax-backed revenue pledge or 

17 a system-backed pledge of project reve18 nues; and 

19 ‘‘(III) the TIFIA program share 

20 of eligible project costs is 33 percent or 

21 less. 

22 ‘‘(ii) LIMITATION.—If the Secretary 

23 waives the nonsubordination requirement 

24 under this subparagraph— 
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1 ‘‘(I) the maximum credit subsidy 

2 that will be paid by the Federal Gov3 ernment shall be limited to 10 percent 

4 of the principal amount of the secured 

5 loan; and 

6 ‘‘(II) the obligor shall be respon7 sible for paying the remainder of the 

8 subsidy cost. 

9 ‘‘(9) FEES.—The Secretary may establish fees at 

10 a level sufficient to cover all or a portion of the costs 

11 to the Federal Government of providing a line of cred12 it under this section. 

13 ‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRU14 MENTS.—A project that receives a line of credit under 

15 this section shall not also receive a secured loan or 

16 loan guarantee under section 603 in an amount that, 

17 combined with the amount of the line of credit, ex18 ceeds 49 percent of eligible project costs. 

19 ‘‘(c) REPAYMENT.— 

20 ‘‘(1) TERMS AND CONDITIONS.—The Secretary 

21 shall establish repayment terms and conditions for 

22 each direct loan under this section based on the pro23 jected cash flow from project revenues and other re24 payment sources, and the useful life of the asset being 

25 financed. 
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1 ‘‘(2) TIMING.—All repayments of principal or 

2 interest on a direct loan under this section shall be 

3 scheduled to commence not later than 5 years after 

4 the end of the period of availability specified in sub5 section (b)(6) and to conclude, with full repayment of 

6 principal and interest, by the date that is 25 years 

7 after the end of the period of availability specified in 

8 subsection (b)(6). 

9 ‘‘§ 605. Program administration 

10 ‘‘(a) REQUIREMENT.—The Secretary shall establish a 

11 uniform system to service the Federal credit instruments 

12 made available under this chapter. 

13 ‘‘(b) FEES.—The Secretary may collect and spend fees, 

14 contingent upon authority being provided in appropria15 tions Acts, at a level that is sufficient to cover— 

16 ‘‘(1) the costs of services of expert firms retained 

17 pursuant to subsection (d); and 

18 ‘‘(2) all or a portion of the costs to the Federal 

19 Government of servicing the Federal credit instru20 ments. 

21 ‘‘(c) SERVICER.— 

22 ‘‘(1) IN GENERAL.—The Secretary may appoint 

23 a financial entity to assist the Secretary in servicing 

24 the Federal credit instruments. 
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1 ‘‘(2) DUTIES.—The servicer shall act as the 

2 agent for the Secretary. 

3 ‘‘(3) FEE.—The servicer shall receive a servicing 

4 fee, subject to approval by the Secretary. 

5 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec6 retary may retain the services of expert firms, including 

7 counsel, in the field of municipal and project finance to 

8 assist in the underwriting and servicing of Federal credit 

9 instruments. 

10 ‘‘§ 606. State and local permits 

11 ‘‘The provision of credit assistance under this chapter 

12 with respect to a project shall not— 

13 ‘‘(1) relieve any recipient of the assistance of any 

14 obligation to obtain any required State or local per15 mit or approval with respect to the project; 

16 ‘‘(2) limit the right of any unit of State or local 

17 government to approve or regulate any rate of return 

18 on private equity invested in the project; or 

19 ‘‘(3) otherwise supersede any State or local law 

20 (including any regulation) applicable to the construc21 tion or operation of the project. 

22 ‘‘§ 607. Regulations 

23 ‘‘The Secretary may promulgate such regulations as 

24 the Secretary determines appropriate to carry out this 

25 chapter. 
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1 ‘‘§ 608. Funding 

2 ‘‘(a) FUNDING.— 

3 ‘‘(1) SPENDING AND BORROWING AUTHORITY.— 

4 Spending and borrowing authority for a fiscal year 

5 to enter into Federal credit instruments shall be 

6 promptly apportioned to the Secretary on a fiscal 

7 year basis. 

8 ‘‘(2) REESTIMATES.—When the estimated cost of 

9 a loan or loans is reestimated, the cost of the reesti10 mate shall be borne by or benefit the general fund of 

11 the Treasury, consistent with section 661c(f) of title 

12 2, United States Code. 

13 ‘‘(3) RURAL SET-ASIDE.— 

14 ‘‘(A) IN GENERAL.—Of the total amount of 

15 funds made available to carry out this chapter 

16 for each fiscal year, 10 percent shall be set aside 

17 for rural infrastructure projects. 

18 ‘‘(B) REOBLIGATION.—Any amounts set 

19 aside under subparagraph (A) that remain unob20 ligated by June 1 of the fiscal year for which the 

21 amounts were set aside shall be available for ob22 ligation by the Secretary on projects other than 

23 rural infrastructure projects. 

24 ‘‘(4) REDISTRIBUTION OF AUTHORIZED FUND25 ING.— 
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1 ‘‘(A) IN GENERAL.—Beginning in the sec2 ond fiscal year after the date of enactment of this 

3 paragraph, on August 1 of that fiscal year, and 

4 each fiscal year thereafter, if the unobligated and 

5 uncommitted balance of funding available ex6 ceeds 150 percent of the amount made available 

7 to carry out this chapter for that fiscal year, the 

8 Secretary shall distribute to the States the 

9 amount of funds and associated obligation au10 thority in excess of that amount. 

11 ‘‘(B) DISTRIBUTION.—The amounts and ob12 ligation authority distributed under this para13 graph shall be distributed, in the same manner 

14 as obligation authority is distributed to the 

15 States for the fiscal year, based on the propor16 tion that— 

17 ‘‘(i) the relative share of each State of 

18 obligation authority for the fiscal year; 

19 bears to 

20 ‘‘(ii) the total amount of obligation au21 thority distributed to all States for the fis22 cal year. 

23 ‘‘(C) PURPOSE.—Funds distributed under 

24 subparagraph (B) shall be available for any pur25 pose described in section 133(c). 
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1 ‘‘(5) AVAILABILITY.—Amounts made available to 

2 carry out this chapter shall remain available until ex3 pended. 

4 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

5 made available to carry out this chapter, the Sec6 retary may use not more than 1 percent for each fis7 cal year for the administration of this chapter. 

8 ‘‘(b) CONTRACT AUTHORITY.— 

9 ‘‘(1) IN GENERAL.—Notwithstanding any other 

10 provision of law, execution of a term sheet by the Sec11 retary of a Federal credit instrument that uses 

12 amounts made available under this chapter shall im13 pose on the United States a contractual obligation to 

14 fund the Federal credit investment. 

15 ‘‘(2) AVAILABILITY.—Amounts made available to 

16 carry out this chapter for a fiscal year shall be avail17 able for obligation on October 1 of the fiscal year. 

18 ‘‘§ 609. Reports to Congress 

19 ‘‘On June 1, 2012, and every 2 years thereafter, the 

20 Secretary shall submit to Congress a report summarizing 

21 the financial performance of the projects that are receiving, 

22 or have received, assistance under this chapter (other than 

23 section 610), including a recommendation as to whether the 

24 objectives of this chapter (other than section 610) are best 

25 served— 
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1 ‘‘(1) by continuing the program under the au2 thority of the Secretary; 

3 ‘‘(2) by establishing a Federal corporation or 

4 federally sponsored enterprise to administer the pro5 gram; or 

6 ‘‘(3) by phasing out the program and relying on 

7 the capital markets to fund the types of infrastructure 

8 investments assisted by this chapter (other than sec9 tion 610) without Federal participation.’’. 

10 SEC. 2003. STATE INFRASTRUCTURE BANKS. 

11 Section 610(d)(1)(A) of title 23, United States Code, 

12 is amended by striking ‘‘sections 104(b)(1)’’ and all that 

13 follows though the semicolon and inserting ‘‘paragraphs (1) 

14 and (2) of section 104(b)’’. 

15 TITLE III—HIGHWAY SPENDING 

16 CONTROLS 

17 SEC. 3001. HIGHWAY SPENDING CONTROLS. 

18 (a) IN GENERAL.—Title 23, United States Code, is 

19 amended by adding at the end the following: 

CHAPTER 7—HIGHWAY SPENDING CONTROLS

Sec. 

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

20 ‘‘SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGH21 WAY TRUST FUND. 

22 ‘‘(a) SOLVENCY CALCULATION FOR FISCAL YEAR

23 2012.— 
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1 ‘‘(1) ADJUSTMENT OF OBLIGATION LIMITA2 TION.—Not later than 60 days after the date of enact3 ment of the MAP–21, the Secretary, in consultation 

4 with the Secretary of Treasury, shall: 

5 ‘‘(A) Estimate the balance of the Highway 

6 Trust Fund (other than the Mass Transit Ac7 count) at the end of fiscal years 2012 and 2013. 

8 For purposes of which estimation, the Secretary 

9 shall assume that the obligation limitation on 

10 Federal-aid highways and highway safety con11 struction programs will be equal to the obliga12 tion limitations enacted for those fiscal years in 

13 the MAP–21. 

14 ‘‘(B) Determine if the estimated balance of 

15 the Highway Trust Fund (other than the Mass 

16 Transit Account) would fall below— 

17 ‘‘(i) $2,000,000,000 at the end of fiscal 

18 year 2012; or 

19 ‘‘(ii) $1,000,000,000 at the end of fiscal 

20 year 2013. 

21 ‘‘(C) If either of the conditions in subpara22 graph (B) would occur, calculate the amount by 

23 which the fiscal year 2012 obligation limitation 

24 must be reduced to prevent such occurrence. For 

25 purposes of this calculation, the Secretary shall 
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1 assume that the obligation limitation on Fed2 eral-aid highways and highway safety construc3 tion programs for the fiscal year 2013 will be 

4 equal to the obligation limitation for fiscal year 

5 2012, as reduced pursuant to this subparagraph. 

6 ‘‘(D) Adjust the distribution of the fiscal 

7 year 2012 obligation limitation to reflect any re8 duction determined under subparagraph (C). 

9 ‘‘(2) LAPSE AND RESCISSION.— 

10 ‘‘(A) LAPSE OF OBLIGATION LIMITATION.— 

11 Any obligation limitation that is withdrawn by 

12 the Secretary pursuant to paragraph (1)(D) 

13 shall lapse immediately following the adjustment 

14 of obligation limitation under such paragraph. 

15 ‘‘(B) RESCISSION OF CONTRACT AUTHOR16 ITY.—Upon the lapse of any obligation limita17 tion under subparagraph (A), the Secretary shall 

18 reduce proportionately the amount authorized to 

19 be appropriated from the Highway Trust Fund 

20 (other than the Mass Transit Account) for fiscal 

21 year 2012 to carry out each of the Federal-aid 

22 highway and highway safety construction pro23 grams (other than emergency relief and funds 

24 under the national highway performance pro25 gram that are exempt from the fiscal year 2012 
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1 obligation limitation) by an aggregate amount 

2 equal to the amount of adjustment determined 

3 pursuant to paragraph (1)(D). The amounts 

4 withdrawn pursuant to this subparagraph are 

5 permanently rescinded. 

6 ‘‘(b) SOLVENCY CALCULATION FOR FISCAL YEAR 2013 

7 AND FISCAL YEARS THEREAFTER.— 

8 ‘‘(1) ADJUSTMENT OF OBLIGATION LIMITA9 TION.—Except as provided in paragraph (2), in dis10 tributing the obligation limitation on Federal-aid 

11 highways and highway safety construction programs 

12 for fiscal year 2013 and each fiscal year thereafter, 

13 the Secretary shall— 

14 ‘‘(A) estimate the balance of the Highway 

15 Trust Fund (other than the Mass Transit Ac16 count) at the end of such fiscal year and the end 

17 of the next fiscal year, for purposes of which esti18 mation, the Secretary shall assume that the obli19 gation limitation on Federal-aid highways and 

20 highway safety construction programs for the 

21 next fiscal year will be equal to the obligation 

22 limitation enacted for the fiscal year for which 

23 the limitation is being distributed; 

24 ‘‘(B) determine whether the estimated bal25 ance of the Highway Trust Fund (other than the 
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1 Mass Transit Account) would fall below 

2 $2,000,000,000 at the end of the fiscal year for 

3 which the obligation limitation is being distrib4 uted; 

5 ‘‘(C) if the condition in subparagraph (B) 

6 would occur, calculate the amount by which the 

7 obligation limitation in the fiscal year for which 

8 the obligation limitation is being distributed 

9 must be reduced to prevent that occurrence; and 

10 ‘‘(D) distribute such obligation limitation 

11 less any amount determined under subparagraph 

12 (C). 

13 ‘‘(2) LAPSE AND RESCISSION.— 

14 ‘‘(A) OBLIGATION LIMITATION.— 

15 ‘‘(i) RECALCULATION.—In a fiscal 

16 year in which the Secretary withholds obli17 gation limitation based on the calculation 

18 under paragraph (1), the Secretary shall, 

19 on March 1 of such fiscal year, repeat the 

20 calculations under subparagraphs (A) 

21 through (C) of such paragraph. Based on 

22 the results of those calculations, the Sec23 retary shall— 

24 ‘‘(I) if the Secretary determines 

25 that either of the conditions in para-
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1 graph (1)(B) would occur, withdraw 

2 an additional amount of obligation 

3 limitation necessary to prevent such 

4 occurrence; or 

5 ‘‘(II) distribute as much of the 

6 withheld obligation limitation as may 

7 be distributed without causing either of 

8 the conditions specified in paragraph 

9 (1)(B) to occur. 

10 ‘‘(ii) LAPSE.—Any obligation limita11 tion that is enacted for a fiscal year, with12 held from distribution pursuant to para13 graph (1)(D) (or withdrawn under clause 

14 (i)(I)), and not subsequently distributed 

15 under clause (i)(II) shall lapse immediately 

16 following the distribution of obligation limi17 tation under such clause. 

18 ‘‘(B) CONTRACT AUTHORITY.— 

19 ‘‘(i) IN GENERAL.—Upon the lapse of 

20 any obligation limitation under subpara21 graph (A)(ii), an equal amount of the unob22 ligated balances of funds apportioned 

23 among the States under chapter 1 and sec24 tions 1116, 1303, and 1404 of the 

25 SAFETEA–LU (119 Stat. 1177, 1207, and 
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1 1228) are permanently rescinded. In ad2 ministering the rescission required under 

3 this clause, the Secretary shall allow each 

4 State to determine the amount of the re5 quired rescission to be drawn from the pro6 grams to which the rescission applies, except 

7 as provided in clause (ii). 

8 ‘‘(ii) RESCISSION OF FUNDS APPOR9 TIONED IN FISCAL YEAR 2013 AND FISCAL

10 YEARS THEREAFTER.—If a State determines 

11 that it will meet any of its required rescis12 sion amount from funds apportioned to 

13 such State on or subsequent to October 1, 

14 2012, the Secretary shall determine the 

15 amount to be rescinded from each of the 

16 programs subject to the rescission for which 

17 the State was apportioned funds on or sub18 sequent to October 1, 2012, in proportion to 

19 the cumulative amount of apportionments 

20 that the State received for each such pro21 gram on or subsequent to October 1, 2012. 

22 ‘‘(3) OTHER ACTIONS TO PREVENT INSOL23 VENCY.—The Secretary shall issue a regulation to es24 tablish any actions in addition to those described in 

25 subsection (a) and paragraph (1) that may be taken 
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1 by the Secretary if it becomes apparent that the 

2 Highway Trust Fund (other than the Mass Transit 

3 Account) will become insolvent, including the denial 

4 of further obligations. 

5 ‘‘(4) APPLICABLE ONLY TO FULL-YEAR LIMITA6 TION.—The requirements of paragraph (1) apply only 

7 to the distribution of a full-year obligation limitation 

8 and do not apply to partial-year limitations under 

9 continuing appropriations Acts.’’. 

10 (b) TABLE OF CHAPTERS.—The table of chapters for 

11 title 23, United States Code, is amended by inserting after 

12 the item relating to chapter 6 the following: 

‘‘7. Highway Spending Controls .................................................................... 701’’. 

13 DIVISION B—PUBLIC 

14 TRANSPORTATION 

15 SEC. 20001. SHORT TITLE. 

16 This division may be cited as the ‘‘Federal Public 

17 Transportation Act of 2012’’. 

18 SEC. 20002. REPEALS. 

19 (a) CHAPTER 53.—Chapter 53 of title 49, United 

20 States Code, is amended by striking sections 5316, 5317, 

21 5321, 5324, 5328, and 5339. 

22 (b) TRANSPORTATION EQUITY ACT FOR THE 21ST

23 CENTURY.—Section 3038 of the Transportation Equity Act 

24 for the 21st Century (49 U.S.C. 5310 note) is repealed. 
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1 (c) SAFETEA–LU.—The following provisions are re2 pealed: 

3 (1) Section 3009(i) of SAFETEA–LU (Public 

4 Law 109–59; 119 Stat. 1572). 

5 (2) Section 3011(c) of SAFETEA–LU (49 

6 U.S.C. 5309 note). 

7 (3) Section 3012(b) of SAFETEA–LU (49 

8 U.S.C. 5310 note). 

9 (4) Section 3045 of SAFETEA–LU (49 U.S.C. 

10 5308 note). 

11 (5) Section 3046 of SAFETEA–LU (49 U.S.C. 

12 5338 note). 

13 SEC. 20003. POLICIES, PURPOSES, AND GOALS. 

14 Section 5301 of title 49, United States Code, is amend15 ed to read as follows: 

16 ‘‘§ 5301. Policies, purposes, and goals 

17 ‘‘(a) DECLARATION OF POLICY.—It is in the interest 

18 of the United States, including the economic interest of the 

19 United States, to foster the development and revitalization 

20 of public transportation systems. 

21 ‘‘(b) GENERAL PURPOSES.—The purposes of this chap22 ter are to— 

23 ‘‘(1) provide funding to support public transpor24 tation; 
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1 ‘‘(2) improve the development and delivery of 

2 capital projects; 

3 ‘‘(3) initiate a new framework for improving the 

4 safety of public transportation systems; 

5 ‘‘(4) establish standards for the state of good re6 pair of public transportation infrastructure and vehi7 cles; 

8 ‘‘(5) promote continuing, cooperative, and com9 prehensive planning that improves the performance of 

10 the transportation network; 

11 ‘‘(6) establish a technical assistance program to 

12 assist recipients under this chapter to more effectively 

13 and efficiently provide public transportation service; 

14 ‘‘(7) continue Federal support for public trans15 portation providers to deliver high quality service to 

16 all users, including individuals with disabilities, sen17 iors, and individuals who depend on public transpor18 tation; 

19 ‘‘(8) support research, development, demonstra20 tion, and deployment projects dedicated to assisting 

21 in the delivery of efficient and effective public trans22 portation service; and 

23 ‘‘(9) promote the development of the public trans24 portation workforce. 
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1 ‘‘(c) NATIONAL GOALS.—The goals of this chapter are 

2 to— 

3 ‘‘(1) increase the availability and accessibility of 

4 public transportation across a balanced, multimodal 

5 transportation network; 

6 ‘‘(2) promote the environmental benefits of public 

7 transportation, including reduced reliance on fossil 

8 fuels, fewer harmful emissions, and lower public 

9 health expenditures; 

10 ‘‘(3) improve the safety of public transportation 

11 systems; 

12 ‘‘(4) achieve and maintain a state of good repair 

13 of public transportation infrastructure and vehicles; 

14 ‘‘(5) provide an efficient and reliable alternative 

15 to congested roadways; 

16 ‘‘(6) increase the affordability of transportation 

17 for all users; and 

18 ‘‘(7) maximize economic development opportuni19 ties by— 

20 ‘‘(A) connecting workers to jobs; 

21 ‘‘(B) encouraging mixed-use, transit-ori22 ented development; and 

23 ‘‘(C) leveraging private investment and 

24 joint development.’’. 
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1 SEC. 20004. DEFINITIONS. 

2 Section 5302 of title 49, United States Code, is amend3 ed to read as follows: 

4 ‘‘§ 5302. Definitions 

5 ‘‘Except as otherwise specifically provided, in this 

6 chapter the following definitions apply: 

7 ‘‘(1) ASSOCIATED TRANSIT IMPROVEMENT.—The 

8 term ‘associated transit improvement’ means, with re9 spect to any project or an area to be served by a 

10 project, projects that are designed to enhance public 

11 transportation service or use and that are physically 

12 or functionally related to transit facilities. Eligible 

13 projects are— 

14 ‘‘(A) historic preservation, rehabilitation, 

15 and operation of historic public transportation 

16 buildings, structures, and facilities (including 

17 historic bus and railroad facilities) intended for 

18 use in public transportation service; 

19 ‘‘(B) bus shelters; 

20 ‘‘(C) landscaping and streetscaping, includ21 ing benches, trash receptacles, and street lights; 

22 ‘‘(D) pedestrian access and walkways; 

23 ‘‘(E) bicycle access, including bicycle stor24 age facilities and installing equipment for trans25 porting bicycles on public transportation vehi26 cles; 
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1 ‘‘(F) signage; or 

2 ‘‘(G) enhanced access for persons with dis3 abilities to public transportation. 

4 ‘‘(2) BUS RAPID TRANSIT SYSTEM.—The term 

5 ‘bus rapid transit system’ means a bus transit sys6 tem— 

7 ‘‘(A) in which the majority of each line op8 erates in a separated right-of-way dedicated for 

9 public transportation use during peak periods; 

10 and 

11 ‘‘(B) that includes features that emulate the 

12 services provided by rail fixed guideway public 

13 transportation systems, including— 

14 ‘‘(i) defined stations; 

15 ‘‘(ii) traffic signal priority for public 

16 transportation vehicles; 

17 ‘‘(iii) short headway bidirectional serv18 ices for a substantial part of weekdays and 

19 weekend days; and 

20 ‘‘(iv) any other features the Secretary 

21 may determine are necessary to produce 

22 high-quality public transportation services 

23 that emulate the services provided by rail 

24 fixed guideway public transportation sys25 tems. 
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1 ‘‘(3) CAPITAL PROJECT.—The term ‘capital 

2 project’ means a project for— 

3 ‘‘(A) acquiring, constructing, supervising, 

4 or inspecting equipment or a facility for use in 

5 public transportation, expenses incidental to the 

6 acquisition or construction (including designing, 

7 engineering, location surveying, mapping, and 

8 acquiring rights-of-way), payments for the cap9 ital portions of rail trackage rights agreements, 

10 transit-related intelligent transportation systems, 

11 relocation assistance, acquiring replacement 

12 housing sites, and acquiring, constructing, relo13 cating, and rehabilitating replacement housing; 

14 ‘‘(B) rehabilitating a bus; 

15 ‘‘(C) remanufacturing a bus; 

16 ‘‘(D) overhauling rail rolling stock; 

17 ‘‘(E) preventive maintenance; 

18 ‘‘(F) leasing equipment or a facility for use 

19 in public transportation, subject to regulations 

20 that the Secretary prescribes limiting the leasing 

21 arrangements to those that are more cost-effective 

22 than purchase or construction; 

23 ‘‘(G) a joint development improvement 

24 that— 
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1 ‘‘(i) enhances economic development or 

2 incorporates private investment, such as 

3 commercial and residential development; 

4 ‘‘(ii)(I) enhances the effectiveness of 

5 public transportation and is related phys6 ically or functionally to public transpor7 tation; or 

8 ‘‘(II) establishes new or enhanced co9 ordination between public transportation 

10 and other transportation; 

11 ‘‘(iii) provides a fair share of revenue 

12 that will be used for public transportation; 

13 ‘‘(iv) provides that a person making an 

14 agreement to occupy space in a facility con15 structed under this paragraph shall pay a 

16 fair share of the costs of the facility through 

17 rental payments and other means; 

18 ‘‘(v) may include— 

19 ‘‘(I) property acquisition; 

20 ‘‘(II) demolition of existing struc21 tures; 

22 ‘‘(III) site preparation; 

23 ‘‘(IV) utilities; 

24 ‘‘(V) building foundations; 

25 ‘‘(VI) walkways; 
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1 ‘‘(VII) pedestrian and bicycle ac2 cess to a public transportation facility; 

3 ‘‘(VIII) construction, renovation, 

4 and improvement of intercity bus and 

5 intercity rail stations and terminals; 

6 ‘‘(IX) renovation and improve7 ment of historic transportation facili8 ties; 

9 ‘‘(X) open space; 

10 ‘‘(XI) safety and security equip11 ment and facilities (including lighting, 

12 surveillance, and related intelligent 

13 transportation system applications); 

14 ‘‘(XII) facilities that incorporate 

15 community services such as daycare or 

16 health care; 

17 ‘‘(XIII) a capital project for, and 

18 improving, equipment or a facility for 

19 an intermodal transfer facility or 

20 transportation mall; and 

21 ‘‘(XIV) construction of space for 

22 commercial uses; and 

23 ‘‘(vi) does not include outfitting of 

24 commercial space (other than an intercity 

25 bus or rail station or terminal) or a part 
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1 of a public facility not related to public 

2 transportation; 

3 ‘‘(H) the introduction of new technology, 

4 through innovative and improved products, into 

5 public transportation; 

6 ‘‘(I) the provision of nonfixed route para7 transit transportation services in accordance 

8 with section 223 of the Americans with Disabil9 ities Act of 1990 (42 U.S.C. 12143), but only for 

10 grant recipients that are in compliance with ap11 plicable requirements of that Act, including both 

12 fixed route and demand responsive service, and 

13 only for amounts not to exceed 10 percent of such 

14 recipient’s annual formula apportionment under 

15 sections 5307 and 5311; 

16 ‘‘(J) establishing a debt service reserve, 

17 made up of deposits with a bondholder’s trustee, 

18 to ensure the timely payment of principal and 

19 interest on bonds issued by a grant recipient to 

20 finance an eligible project under this chapter; 

21 ‘‘(K) mobility management— 

22 ‘‘(i) consisting of short-range planning 

23 and management activities and projects for 

24 improving coordination among public 

25 transportation and other transportation 
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1 service providers carried out by a recipient 

2 or subrecipient through an agreement en3 tered into with a person, including a gov4 ernmental entity, under this chapter (other 

5 than section 5309); but 

6 ‘‘(ii) excluding operating public trans7 portation services; or 

8 ‘‘(L) associated capital maintenance, in9 cluding— 

10 ‘‘(i) equipment, tires, tubes, and mate11 rial, each costing at least .5 percent of the 

12 current fair market value of rolling stock 

13 comparable to the rolling stock for which the 

14 equipment, tires, tubes, and material are to 

15 be used; and 

16 ‘‘(ii) reconstruction of equipment and 

17 material, each of which after reconstruction 

18 will have a fair market value of at least .5 

19 percent of the current fair market value of 

20 rolling stock comparable to the rolling stock 

21 for which the equipment and material will 

22 be used. 

23 ‘‘(4) DESIGNATED RECIPIENT.—The term ‘des24 ignated recipient’ means— 
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1 ‘‘(A) an entity designated, in accordance 

2 with the planning process under sections 5303 

3 and 5304, by the Governor of a State, responsible 

4 local officials, and publicly owned operators of 

5 public transportation, to receive and apportion 

6 amounts under section 5336 to urbanized areas 

7 of 200,000 or more in population; or 

8 ‘‘(B) a State or regional authority, if the 

9 authority is responsible under the laws of a 

10 State for a capital project and for financing and 

11 directly providing public transportation. 

12 ‘‘(5) DISABILITY.—The term ‘disability’ has the 

13 same meaning as in section 3(1) of the Americans 

14 with Disabilities Act of 1990 (42 U.S.C. 12102). 

15 ‘‘(6) EMERGENCY REGULATION.—The term 

16 ‘emergency regulation’ means a regulation— 

17 ‘‘(A) that is effective temporarily before the 

18 expiration of the otherwise specified periods of 

19 time for public notice and comment under sec20 tion 5334(c); and 

21 ‘‘(B) prescribed by the Secretary as the re22 sult of a finding that a delay in the effective date 

23 of the regulation— 

24 ‘‘(i) would injure seriously an impor25 tant public interest; 
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1 ‘‘(ii) would frustrate substantially leg2 islative policy and intent; or 

3 ‘‘(iii) would damage seriously a person 

4 or class without serving an important pub5 lic interest. 

6 ‘‘(7) FIXED GUIDEWAY.—The term ‘fixed guide7 way’ means a public transportation facility— 

8 ‘‘(A) using and occupying a separate right9 of-way for the exclusive use of public transpor10 tation; 

11 ‘‘(B) using rail; 

12 ‘‘(C) using a fixed catenary system; 

13 ‘‘(D) for a passenger ferry system; or 

14 ‘‘(E) for a bus rapid transit system. 

15 ‘‘(8) GOVERNOR.—The term ‘Governor’— 

16 ‘‘(A) means the Governor of a State, the 

17 mayor of the District of Columbia, and the chief 

18 executive officer of a territory of the United 

19 States; and 

20 ‘‘(B) includes the designee of the Governor. 

21 ‘‘(9) LOCAL GOVERNMENTAL AUTHORITY.—The 

22 term ‘local governmental authority’ includes— 

23 ‘‘(A) a political subdivision of a State; 

24 ‘‘(B) an authority of at least 1 State or po25 litical subdivision of a State; 
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1 ‘‘(C) an Indian tribe; and 

2 ‘‘(D) a public corporation, board, or com3 mission established under the laws of a State. 

4 ‘‘(10) LOW-INCOME INDIVIDUAL.—The term ‘low5 income individual’ means an individual whose family 

6 income is at or below 150 percent of the poverty line, 

7 as that term is defined in section 673(2) of the Com8 munity Services Block Grant Act (42 U.S.C. 

9 9902(2)), including any revision required by that sec10 tion, for a family of the size involved. 

11 ‘‘(11) NET PROJECT COST.—The term ‘net 

12 project cost’ means the part of a project that reason13 ably cannot be financed from revenues. 

14 ‘‘(12) NEW BUS MODEL.—The term ‘new bus 

15 model’ means a bus model (including a model using 

16 alternative fuel)— 

17 ‘‘(A) that has not been used in public trans18 portation in the United States before the date of 

19 production of the model; or 

20 ‘‘(B) used in public transportation in the 

21 United States, but being produced with a major 

22 change in configuration or components. 

23 ‘‘(13) PUBLIC TRANSPORTATION.—The term 

24 ‘public transportation’— 
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1 ‘‘(A) means regular, continuing shared-ride 

2 surface transportation services that are open to 

3 the general public or open to a segment of the 

4 general public defined by age, disability, or low 

5 income; and 

6 ‘‘(B) does not include— 

7 ‘‘(i) intercity passenger rail transpor8 tation provided by the entity described in 

9 chapter 243 (or a successor to such entity); 

10 ‘‘(ii) intercity bus service; 

11 ‘‘(iii) charter bus service; 

12 ‘‘(iv) school bus service; 

13 ‘‘(v) sightseeing service; 

14 ‘‘(vi) courtesy shuttle service for pa15 trons of one or more specific establishments; 

16 or 

17 ‘‘(vii) intra-terminal or intra-facility 

18 shuttle services. 

19 ‘‘(14) REGULATION.—The term ‘regulation’ 

20 means any part of a statement of general or par21 ticular applicability of the Secretary designed to 

22 carry out, interpret, or prescribe law or policy in car23 rying out this chapter. 

24 ‘‘(15) SECRETARY.—The term ‘Secretary’ means 

25 the Secretary of Transportation. 
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1 ‘‘(16) SENIOR.—The term ‘senior’ means an in2 dividual who is 65 years of age or older. 

3 ‘‘(17) STATE.—The term ‘State’ means a State 

4 of the United States, the District of Columbia, Puerto 

5 Rico, the Northern Mariana Islands, Guam, Amer6 ican Samoa, and the Virgin Islands. 

7 ‘‘(18) STATE OF GOOD REPAIR.—The term ‘state 

8 of good repair’ has the meaning given that term by 

9 the Secretary, by rule, under section 5326(b). 

10 ‘‘(19) TRANSIT.—The term ‘transit’ means pub11 lic transportation. 

12 ‘‘(20) URBAN AREA.—The term ‘urban area’ 

13 means an area that includes a municipality or other 

14 built-up place that the Secretary, after considering 

15 local patterns and trends of urban growth, decides is 

16 appropriate for a local public transportation system 

17 to serve individuals in the locality. 

18 ‘‘(21) URBANIZED AREA.—The term ‘urbanized 

19 area’ means an area encompassing a population of 

20 not less than 50,000 people that has been defined and 

21 designated in the most recent decennial census as an 

22 ‘urbanized area’ by the Secretary of Commerce.’’. 

23 SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING. 

24 (a) IN GENERAL.—Section 5303 of title 49, United 

25 States Code, is amended to read as follows: 
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1 ‘‘§ 5303. Metropolitan transportation planning 

2 ‘‘(a) POLICY.—It is in the national interest— 

3 ‘‘(1) to encourage and promote the safe, cost-ef4 fective, and efficient management, operation, and de5 velopment of surface transportation systems that will 

6 serve efficiently the mobility needs of individuals and 

7 freight, reduce transportation-related fatalities and 

8 serious injuries, and foster economic growth and de9 velopment within and between States and urbanized 

10 areas, while fitting the needs and complexity of indi11 vidual communities, maximizing value for taxpayers, 

12 leveraging cooperative investments, and minimizing 

13 transportation-related fuel consumption and air pol14 lution through the metropolitan and statewide trans15 portation planning processes identified in this chap16 ter; 

17 ‘‘(2) to encourage the continued improvement, 

18 evolution, and coordination of the metropolitan and 

19 statewide transportation planning processes by and 

20 among metropolitan planning organizations, State 

21 departments of transportation, regional planning or22 ganizations, interstate partnerships, and public 

23 transportation and intercity service operators as 

24 guided by the planning factors identified in sub25 section (h) of this section and section 5304(d); 
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1 ‘‘(3) to encourage and promote transportation 

2 needs and decisions that are integrated with other 

3 planning needs and priorities; and 

4 ‘‘(4) to maximize the effectiveness of transpor5 tation investments. 

6 ‘‘(b) DEFINITIONS.—In this section and section 5304, 

7 the following definitions shall apply: 

8 ‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 

9 means a metropolitan planning organization that 

10 was designated as a metropolitan planning organiza11 tion on the day before the date of enactment of the 

12 Federal Public Transportation Act of 2012. 

13 ‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 

14 means any elected or appointed official of general 

15 purpose local government with responsibility for 

16 transportation in a designated area. 

17 ‘‘(3) MAINTENANCE AREA.—The term ‘mainte18 nance area’ means an area that was designated as an 

19 air quality nonattainment area, but was later redes20 ignated by the Administrator of the Environmental 

21 Protection Agency as an air quality attainment area, 

22 under section 107(d) of the Clean Air Act (42 U.S.C. 

23 7407(d)). 

24 ‘‘(4) METROPOLITAN PLANNING AREA.—The term 

25 ‘metropolitan planning area’ means a geographical 
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1 area determined by agreement between the metropoli2 tan planning organization for the area and the appli3 cable Governor under subsection (c). 

4 ‘‘(5) METROPOLITAN PLANNING ORGANIZA5 TION.—The term ‘metropolitan planning organiza6 tion’ means the policy board of an organization estab7 lished pursuant to subsection (c). 

8 ‘‘(6) METROPOLITAN TRANSPORTATION PLAN.— 

9 The term ‘metropolitan transportation plan’ means a 

10 plan developed by a metropolitan planning organiza11 tion under subsection (i). 

12 ‘‘(7) NONATTAINMENT AREA.—The term ‘non13 attainment area’ has the meaning given the term in 

14 section 171 of the Clean Air Act (42 U.S.C. 7501). 

15 ‘‘(8) NONMETROPOLITAN AREA.— 

16 ‘‘(A) IN GENERAL.—The term ‘nonmetro17 politan area’ means a geographical area outside 

18 the boundaries of a designated metropolitan 

19 planning area. 

20 ‘‘(B) INCLUSIONS.—The term ‘nonmetro21 politan area’ includes— 

22 ‘‘(i) a small urbanized area with a 

23 population of more than 50,000, but fewer 

24 than 200,000 individuals, as calculated ac-
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1 cording to the most recent decennial census; 

2 and 

3 ‘‘(ii) a nonurbanized area. 

4 ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA5 TION.—The term ‘nonmetropolitan planning organi6 zation’ means an organization that— 

7 ‘‘(A) was designated as a metropolitan 

8 planning organization as of the day before the 

9 date of enactment of the Federal Public Trans10 portation Act of 2012; and 

11 ‘‘(B) is not designated as a tier I MPO or 

12 tier II MPO. 

13 ‘‘(10) REGIONALLY SIGNIFICANT.—The term ‘re14 gionally significant’, with respect to a transportation 

15 project, program, service, or strategy, means a project, 

16 program, service, or strategy that— 

17 ‘‘(A) serves regional transportation needs 

18 (such as access to and from the area outside of 

19 the region, major activity centers in the region, 

20 and major planned developments); and 

21 ‘‘(B) would normally be included in the 

22 modeling of a transportation network of a metro23 politan area. 
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1 ‘‘(11) RURAL PLANNING ORGANIZATION.—The 

2 term ‘rural planning organization’ means an organi3 zation that— 

4 ‘‘(A) is responsible for the planning, coordi5 nation, and implementation of statewide trans6 portation plans and programs outside of metro7 politan areas, with an emphasis on addressing 

8 the needs of rural areas of a State; 

9 ‘‘(B) is not designated as a tier I MPO, a 

10 tier II MPO, or a nonmetropolitan planning or11 ganization. 

12 ‘‘(12) STATEWIDE TRANSPORTATION IMPROVE13 MENT PROGRAM.—The term ‘statewide transportation 

14 improvement program’ means a statewide transpor15 tation improvement program developed by a State 

16 under section 5304(g). 

17 ‘‘(13) STATEWIDE TRANSPORTATION PLAN.—The 

18 term ‘statewide transportation plan’ means a plan 

19 developed by a State under section 5304(f). 

20 ‘‘(14) TIER I MPO.—The term ‘tier I MPO’ 

21 means a metropolitan planning organization des22 ignated as a tier I MPO under subsection (e)(4)(A). 

23 ‘‘(15) TIER II MPO.—The term ‘tier II MPO’ 

24 means a metropolitan planning organization des25 ignated as a tier II MPO under subsection (e)(4)(B). 
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1 ‘‘(16) TRANSPORTATION IMPROVEMENT PRO2 GRAM.—The term ‘transportation improvement pro3 gram’ means a program developed by a metropolitan 

4 planning organization under subsection (j). 

5 ‘‘(17) URBANIZED AREA.—The term ‘urbanized 

6 area’ means a geographical area with a population of 

7 50,000 or more individuals, as calculated according 

8 to the most recent decennial census. 

9 ‘‘(c) DESIGNATION OF METROPOLITAN PLANNING OR10 GANIZATIONS.— 

11 ‘‘(1) IN GENERAL.—To carry out the metropoli12 tan transportation planning process under this sec13 tion, a metropolitan planning organization shall be 

14 designated for each urbanized area with a population 

15 of 200,000 or more individuals, as calculated accord16 ing to the most recent decennial census— 

17 ‘‘(A) by agreement between the applicable 

18 Governor and local officials that, in the aggre19 gate, represent at least 75 percent of the affected 

20 population (including the largest incorporated 

21 city (based on population), as calculated accord22 ing to the most recent decennial census); or 

23 ‘‘(B) in accordance with procedures estab24 lished by applicable State or local law. 
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1 ‘‘(2) SMALL URBANIZED AREAS.—To carry out 

2 the metropolitan transportation planning process 

3 under this section, a metropolitan planning organiza4 tion may be designated for any urbanized area with 

5 a population of 50,000 or more individuals, but fewer 

6 than 200,000 individuals, as calculated according to 

7 the most recent decennial census— 

8 ‘‘(A) by agreement between the applicable 

9 Governor and local officials that, in the aggre10 gate, represent at least 75 percent of the affected 

11 population (including the largest incorporated 

12 city (based on population), as calculated accord13 ing to the most recent decennial census); and 

14 ‘‘(B) with the consent of the Secretary, 

15 based on a finding that the resulting metropoli16 tan planning organization has met the min17 imum requirements under subsection (e)(4)(B). 

18 ‘‘(3) STRUCTURE.—Not later than 1 year after 

19 the date of enactment of the Federal Public Transpor20 tation Act of 2012, a metropolitan planning organi21 zation shall consist of— 

22 ‘‘(A) elected local officials in the relevant 

23 metropolitan area; 

24 ‘‘(B) officials of public agencies that admin25 ister or operate major modes of transportation in 
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† HR 4348 EAS 

1 the relevant metropolitan area, including pro2 viders of public transportation; and 

3 ‘‘(C) appropriate State officials. 

4 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

5 subsection interferes with any authority under any 

6 State law in effect on December 18, 1991, of a public 

7 agency with multimodal transportation responsibil8 ities— 

9 ‘‘(A) to develop the metropolitan transpor10 tation plans and transportation improvement 

11 programs for adoption by a metropolitan plan12 ning organization; or 

13 ‘‘(B) to develop capital plans, coordinate 

14 public transportation services and projects, or 

15 carry out other activities pursuant to State law. 

16 ‘‘(5) CONTINUING DESIGNATION.— 

17 ‘‘(A) POPULATION OF 200,000 OR MORE.—A 

18 designation of an existing MPO for an urbanized 

19 area with a population of 200,000 or more indi20 viduals, as calculated according to the most re21 cent decennial census, shall remain in effect— 

22 ‘‘(i) for the period during which the 

23 structure of the existing MPO complies with 

24 the requirements of paragraph (1); or 
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† HR 4348 EAS 

1 ‘‘(ii) until the date on which the exist2 ing MPO is redesignated under paragraph 

3 (6). 

4 ‘‘(B) POPULATION OF FEWER THAN

5 200,000.— 

6 ‘‘(i) IN GENERAL.—A designation of an 

7 existing MPO for an urbanized area with a 

8 population of fewer than 200,000 individ9 uals, as calculated according to the most re10 cent decennial census, shall remain in effect 

11 until the date on which the existing MPO is 

12 redesignated under paragraph (6) unless— 

13 ‘‘(I) the existing MPO requests 

14 that its planning responsibilities be 

15 transferred to the State or to another 

16 planning organization designated by 

17 the State; or 

18 ‘‘(II)(aa) the Secretary determines 

19 3 years after the date on which the 

20 Secretary issues a rule pursuant to 

21 subsection (e)(4)(B)(i), that the exist22 ing MPO is not meeting the minimum 

23 requirements established by the rule; 

24 and 
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† HR 4348 EAS 

1 ‘‘(bb) the Secretary approves the 

2 Governor’s determination. 

3 ‘‘(ii) WRITTEN JUSTIFICATION.—The 

4 Secretary shall in a timely manner provide 

5 a substantive written justification to each 

6 metropolitan planning organization that is 

7 the subject of a negative determination of 

8 the Secretary under clause (i)(II). 

9 ‘‘(C) EXTENSION.—If a metropolitan plan10 ning organization for an urbanized area with a 

11 population of less than 200,000 that would other12 wise be terminated under subparagraph (B), re13 quests a probationary continuation before the 

14 termination of the metropolitan planning orga15 nization, the Secretary shall— 

16 ‘‘(i) delay the termination of the met17 ropolitan planning organization under sub18 paragraph (B) for a period of 1 year; 

19 ‘‘(ii) provide additional technical as20 sistance to all metropolitan planning orga21 nizations provided an extension under this 

22 paragraph to assist the metropolitan plan23 ning organization in meeting the minimum 

24 requirements under subsection (e)(4)(B)(i); 

25 and 
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† HR 4348 EAS 

1 ‘‘(iii) make a determination 1 year 

2 after the date on which the Secretary issues 

3 an extension, whether the MPO has meet the 

4 minimum requirements established under 

5 subsection (e)(4)(B)(i). 

6 ‘‘(D) DESIGNATION AS TIER II MPO.—If the 

7 Secretary determines the existing MPO has met 

8 the minimum requirements under the rule issued 

9 under subsection (e)(4)(B)(i), the Secretary shall 

10 designate the existing MPO as a tier II MPO. 

11 ‘‘(6) REDESIGNATION.— 

12 ‘‘(A) IN GENERAL.—The designation of a 

13 metropolitan planning organization under this 

14 subsection shall remain in effect until the date 

15 on which the metropolitan planning organiza16 tion is redesignated, as appropriate, in accord17 ance with the requirements of this subsection 

18 pursuant to an agreement between— 

19 ‘‘(i) the applicable Governor; and 

20 ‘‘(ii) affected local officials who, in the 

21 aggregate, represent at least 75 percent of 

22 the existing metropolitan planning area 

23 population (including the largest incor24 porated city (based on population), as cal-
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† HR 4348 EAS 

1 culated according to the most recent decen2 nial census). 

3 ‘‘(B) RESTRUCTURING.—A metropolitan 

4 planning organization may be restructured to 

5 meet the requirements of paragraph (3) without 

6 undertaking a redesignation. 

7 ‘‘(7) ABSENCE OF DESIGNATION.— 

8 ‘‘(A) IN GENERAL.—A metropolitan plan9 ning organization that is the subject of a nega10 tive determination of the Secretary under para11 graph (5)(B)(i)(II) shall submit to the State in 

12 which the metropolitan planning organization is 

13 located, or to a planning organization designated 

14 by the State, by not later than 180 days after the 

15 date on which a notice of the negative deter16 mination is received, a 6-month plan that in17 cludes a description of a method— 

18 ‘‘(i) to transfer the responsibilities of 

19 the metropolitan planning organization to 

20 the State; and 

21 ‘‘(ii) to dissolve the metropolitan plan22 ning organization. 

23 ‘‘(B) ACTION ON DISSOLUTION.—On sub24 mission of a plan under subparagraph (A), the 

25 metropolitan planning area served by the appli-
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† HR 4348 EAS 

1 cable metropolitan planning organization 

2 shall— 

3 ‘‘(i) continue to receive metropolitan 

4 transportation planning funds until the 

5 earlier of— 

6 ‘‘(I) the date of dissolution of the 

7 metropolitan planning organization; 

8 and 

9 ‘‘(II) the date that is 4 years after 

10 the date of enactment of the Federal 

11 Public Transportation Act of 2012; 

12 and 

13 ‘‘(ii) be treated by the State as a non14 metropolitan area for purposes of this chap15 ter. 

16 ‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 

17 ‘‘(A) IN GENERAL.—More than 1 metropoli18 tan planning organization may be designated 

19 within an existing metropolitan planning area 

20 only if the applicable Governor and an existing 

21 MPO determine that the size and complexity of 

22 the existing metropolitan planning area make 

23 the designation of more than 1 metropolitan 

24 planning organization for the metropolitan plan25 ning area appropriate. 
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1 ‘‘(B) SERVICE JURISDICTIONS.—If more 

2 than 1 metropolitan planning organization is 

3 designated for an existing metropolitan planning 

4 area under subparagraph (A), the existing met5 ropolitan planning area shall be split into mul6 tiple metropolitan planning areas, each of which 

7 shall be served by the existing MPO or a new 

8 metropolitan planning organization. 

9 ‘‘(C) TIER DESIGNATION.—The tier designa10 tion of each metropolitan planning organization 

11 subject to a designation under this paragraph 

12 shall be determined based on the size of each re13 spective metropolitan planning area, in accord14 ance with subsection (e)(4). 

15 ‘‘(d) METROPOLITAN PLANNING AREA BOUNDARIES.— 

16 ‘‘(1) IN GENERAL.—For purposes of this section, 

17 the boundaries of a metropolitan planning area shall 

18 be determined by agreement between the applicable 

19 metropolitan planning organization and the Governor 

20 of the State in which the metropolitan planning area 

21 is located. 

22 ‘‘(2) INCLUDED AREA.—Each metropolitan plan23 ning area— 

24 ‘‘(A) shall encompass at least the relevant 

25 existing urbanized area and any contiguous area 
635 

† HR 4348 EAS 

1 expected to become urbanized within a 20-year 

2 forecast period under the applicable metropolitan 

3 transportation plan; and 

4 ‘‘(B) may encompass the entire relevant 

5 metropolitan statistical area, as defined by the 

6 Office of Management and Budget. 

7 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

8 AREAS.—The designation by the Bureau of the Census 

9 of a new urbanized area within the boundaries of an 

10 existing metropolitan planning area shall not require 

11 the redesignation of the relevant existing MPO. 

12 ‘‘(4) NONATTAINMENT AND MAINTENANCE

13 AREAS.— 

14 ‘‘(A) EXISTING METROPOLITAN PLANNING

15 AREAS.— 

16 ‘‘(i) IN GENERAL.—Except as provided 

17 in clause (ii), notwithstanding paragraph 

18 (2), in the case of an urbanized area des19 ignated as a nonattainment area or mainte20 nance area as of the date of enactment of 

21 the Federal Public Transportation Act of 

22 2012, the boundaries of the existing metro23 politan planning area as of that date of en24 actment shall remain in force and effect. 
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† HR 4348 EAS 

1 ‘‘(ii) EXCEPTION.—Notwithstanding 

2 clause (i), the boundaries of an existing 

3 metropolitan planning area described in 

4 that clause may be adjusted by agreement of 

5 the applicable Governor and the affected 

6 metropolitan planning organizations in ac7 cordance with paragraph (1). 

8 ‘‘(B) NEW METROPOLITAN PLANNING

9 AREAS.—In the case of an urbanized area des10 ignated as a nonattainment area or maintenance 

11 area after the date of enactment of the Federal 

12 Public Transportation Act of 2012, the bound13 aries of the applicable metropolitan planning 

14 area— 

15 ‘‘(i) shall be established in accordance 

16 with subsection (c)(1); 

17 ‘‘(ii) shall encompass the areas de18 scribed in paragraph (2)(A); 

19 ‘‘(iii) may encompass the areas de20 scribed in paragraph (2)(B); and 

21 ‘‘(iv) may address any appropriate 

22 nonattainment area or maintenance area. 

23 ‘‘(e) REQUIREMENTS.— 

24 ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To 

25 accomplish the policy objectives described in sub-
637 

† HR 4348 EAS 

1 section (a), each metropolitan planning organization, 

2 in cooperation with the applicable State and public 

3 transportation operators, shall develop metropolitan 

4 transportation plans and transportation improvement 

5 programs for metropolitan planning areas of the 

6 State through a performance-driven, outcome-based 

7 approach to metropolitan transportation planning 

8 consistent with subsection (h). 

9 ‘‘(2) CONTENTS.—The metropolitan transpor10 tation plans and transportation improvement pro11 grams for each metropolitan area shall provide for the 

12 development and integrated management and oper13 ation of transportation systems and facilities (includ14 ing accessible pedestrian walkways, bicycle transpor15 tation facilities, and intermodal facilities that sup16 port intercity transportation) that will function as— 

17 ‘‘(A) an intermodal transportation system 

18 for the metropolitan planning area; and 

19 ‘‘(B) an integral part of an intermodal 

20 transportation system for the applicable State 

21 and the United States. 

22 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

23 for developing metropolitan transportation plans and 

24 transportation improvement programs shall— 
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† HR 4348 EAS 

1 ‘‘(A) provide for consideration of all modes 

2 of transportation; and 

3 ‘‘(B) be continuing, cooperative, and com4 prehensive to the degree appropriate, based on 

5 the complexity of the transportation needs to be 

6 addressed. 

7 ‘‘(4) TIERING.— 

8 ‘‘(A) TIER I MPOS.— 

9 ‘‘(i) IN GENERAL.—A metropolitan 

10 planning organization shall be designated 

11 as a tier I MPO if— 

12 ‘‘(I) as certified by the Governor 

13 of each applicable State, the metropoli14 tan planning organization operates 

15 within, and primarily serves, a metro16 politan planning area with a popu17 lation of 1,000,000 or more individ18 uals, as calculated according to the 

19 most recent decennial census; and 

20 ‘‘(II) the Secretary determines the 

21 metropolitan planning organization— 

22 ‘‘(aa) meets the minimum 

23 technical requirements under 

24 clause (iv); and 
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1 ‘‘(bb) not later than 2 years 

2 after the date of enactment of the 

3 Federal Public Transportation 

4 Act of 2012, will fully implement 

5 the processes described in sub6 sections (h) though (j). 

7 ‘‘(ii) ABSENCE OF DESIGNATION.—In 

8 the absence of designation as a tier I MPO 

9 under clause (i), a metropolitan planning 

10 organization shall operate as a tier II MPO 

11 until the date on which the Secretary deter12 mines the metropolitan planning organiza13 tion can meet the minimum technical re14 quirements under clause (iv). 

15 ‘‘(iii) REDESIGNATION AS TIER I.—A 

16 metropolitan planning organization oper17 ating within a metropolitan planning area 

18 with a population of 200,000 or more and 

19 fewer than 1,000,000 individuals and pri20 marily within urbanized areas with popu21 lations of 200,000 or more individuals, as 

22 calculated according to the most recent de23 cennial census, that is designated as a tier 

24 II MPO under subparagraph (B) may re25 quest, with the support of the applicable 
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1 Governor, a redesignation as a tier I MPO 

2 on a determination by the Secretary that 

3 the metropolitan planning organization has 

4 met the minimum technical requirements 

5 under clause (iv). 

6 ‘‘(iv) MINIMUM TECHNICAL REQUIRE7 MENTS.—Not later than 1 year after the 

8 date of enactment of the Federal Public 

9 Transportation Act of 2012, the Secretary 

10 shall issue a rule that establishes the min11 imum technical requirements necessary for 

12 a metropolitan planning organization to be 

13 designated as a tier I MPO, including, at 

14 a minimum, modeling, data, staffing, and 

15 other technical requirements. 

16 ‘‘(B) TIER II MPOS.— 

17 ‘‘(i) IN GENERAL.—Not later than 1 

18 year after the date of enactment of the Fed19 eral Public Transportation Act of 2012, the 

20 Secretary shall issue a rule that establishes 

21 minimum requirements necessary for a met22 ropolitan planning organization to be des23 ignated as a tier II MPO. 
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1 ‘‘(ii) REQUIREMENTS.—The minimum 

2 requirements established under clause (i) 

3 shall— 

4 ‘‘(I) be limited to ensuring that 

5 each metropolitan planning organiza6 tion has the capabilities necessary to 

7 develop the metropolitan transpor8 tation plan and transportation im9 provement program under this section; 

10 and 

11 ‘‘(II) include— 

12 ‘‘(aa) only the staffing capa13 bilities necessary to operate the 

14 metropolitan planning organiza15 tion; and 

16 ‘‘(bb) a requirement that the 

17 metropolitan planning organiza18 tion has the technical capacity to 

19 conduct the travel demand model 

20 and forecasting necessary, as ap21 propriate to the size and resources 

22 of the metropolitan planning or23 ganization, to fulfill the require24 ments of this section, except that 

25 in cases in which a metropolitan 
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† HR 4348 EAS 

1 planning organization has a for2 mal agreement with a State to 

3 conduct the modeling on behalf of 

4 the metropolitan planning organi5 zation, the metropolitan planning 

6 organization shall be exempt from 

7 the technical capacity require8 ment. 

9 ‘‘(iii) LIMITATION.—The rule issued 

10 pursuant to this subparagraph shall only 

11 include the minimum requirements estab12 lished in clause (ii). 

13 ‘‘(iv) INCLUSION.—A metropolitan 

14 planning organization operating primarily 

15 within an urbanized area with a popu16 lation of 200,000 or more individuals, as 

17 calculated according to the most recent de18 cennial census, and that does not qualify as 

19 a tier I MPO under subparagraph (A)(i), 

20 shall— 

21 ‘‘(I) be designated as a tier II 

22 MPO; and 

23 ‘‘(II) follow the processes under 

24 subsection (k). 

25 ‘‘(C) CONSOLIDATION.— 
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1 ‘‘(i) IN GENERAL.—Metropolitan plan2 ning organizations operating within contig3 uous or adjacent urbanized areas may elect 

4 to consolidate in order to meet the popu5 lation thresholds required to achieve des6 ignation as a tier I or tier II MPO under 

7 this paragraph. 

8 ‘‘(ii) EFFECT OF SUBSECTION.—Noth9 ing in this subsection requires or prevents 

10 consolidation among multiple metropolitan 

11 planning organizations located within a 

12 single urbanized area. 

13 ‘‘(f) COORDINATION IN MULTISTATE AREAS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall encour15 age each Governor with responsibility for a portion of 

16 a multistate metropolitan area and the appropriate 

17 metropolitan planning organizations to provide co18 ordinated transportation planning for the entire met19 ropolitan area. 

20 ‘‘(2) COORDINATION ALONG DESIGNATED TRANS21 PORTATION CORRIDORS.—The Secretary shall encour22 age each Governor with responsibility for a portion of 

23 a multistate metropolitan area and the appropriate 

24 metropolitan planning organizations to provide co-
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† HR 4348 EAS 

1 ordinated transportation planning for the entire des2 ignated transportation corridor. 

3 ‘‘(3) COORDINATION WITH INTERSTATE COM4 PACTS.—The Secretary shall encourage metropolitan 

5 planning organizations to take into consideration, 

6 during the development of metropolitan transpor7 tation plans and transportation improvement pro8 grams, any relevant transportation studies concerning 

9 planning for regional transportation (including high10 speed and intercity rail corridor studies, commuter 

11 rail corridor studies, intermodal terminals, and inter12 state highways) in support of freight, intercity, or 

13 multistate area projects and services that have been 

14 developed pursuant to interstate compacts or agree15 ments, or by organizations established under section 

16 5304. 

17 ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANSPOR18 TATION PLAN AND TIP DEVELOPMENT.— 

19 ‘‘(1) NONATTAINMENT AND MAINTENANCE

20 AREAS.—If more than 1 metropolitan planning orga21 nization has authority within a metropolitan area, 

22 nonattainment area, or maintenance area, each met23 ropolitan planning organization shall consult with all 

24 other metropolitan planning organizations designated 

25 for the metropolitan area, nonattainment area, or 
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1 maintenance area and the State in the development 

2 of metropolitan transportation plans and transpor3 tation improvement programs under this section. 

4 ‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED

5 IN MULTIPLE METROPOLITAN PLANNING AREAS.—If a 

6 transportation improvement project funded under this 

7 chapter or title 23 is located within the boundaries of 

8 more than 1 metropolitan planning area, the affected 

9 metropolitan planning organizations shall coordinate 

10 metropolitan transportation plans and transportation 

11 improvement programs regarding the project. 

12 ‘‘(3) COORDINATION OF ADJACENT PLANNING OR13 GANIZATIONS.— 

14 ‘‘(A) IN GENERAL.—A metropolitan plan15 ning organization that is adjacent or located in 

16 reasonably close proximity to another metropoli17 tan planning organization shall coordinate with 

18 that metropolitan planning organization with 

19 respect to planning processes, including prepara20 tion of metropolitan transportation plans and 

21 transportation improvement programs, to the 

22 maximum extent practicable. 

23 ‘‘(B) NONMETROPOLITAN PLANNING ORGANI24 ZATIONS.—A metropolitan planning organiza25 tion that is adjacent or located in reasonably 
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† HR 4348 EAS 

1 close proximity to a nonmetropolitan planning 

2 organization shall consult with that nonmetro3 politan planning organization with respect to 

4 planning processes, to the maximum extent prac5 ticable. 

6 ‘‘(4) RELATIONSHIP WITH OTHER PLANNING OF7 FICIALS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall en9 courage each metropolitan planning organiza10 tion to cooperate with Federal, State, tribal, and 

11 local officers and entities responsible for other 

12 types of planning activities that are affected by 

13 transportation in the relevant area (including 

14 planned growth, economic development, infra15 structure services, housing, other public services, 

16 environmental protection, airport operations, 

17 high-speed and intercity passenger rail, freight 

18 rail, port access, and freight movements), to the 

19 maximum extent practicable, to ensure that the 

20 metropolitan transportation planning process, 

21 metropolitan transportation plans, and trans22 portation improvement programs are developed 

23 in cooperation with other related planning ac24 tivities in the area. 
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1 ‘‘(B) INCLUSION.—Cooperation under sub2 paragraph (A) shall include the design and de3 livery of transportation services within the met4 ropolitan area that are provided by— 

5 ‘‘(i) recipients of assistance under sec6 tions 202, 203, and 204 of title 23; 

7 ‘‘(ii) recipients of assistance under this 

8 title; 

9 ‘‘(iii) government agencies and non10 profit organizations (including representa11 tives of the agencies and organizations) that 

12 receive Federal assistance from a source 

13 other than the Department of Transpor14 tation to provide nonemergency transpor15 tation services; and 

16 ‘‘(iv) sponsors of regionally significant 

17 programs, projects, and services that are re18 lated to transportation and receive assist19 ance from any public or private source. 

20 ‘‘(5) COORDINATION OF OTHER FEDERALLY RE21 QUIRED PLANNING PROGRAMS.—The Secretary shall 

22 encourage each metropolitan planning organization to 

23 coordinate, to the maximum extent practicable, the 

24 development of metropolitan transportation plans and 
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1 transportation improvement programs with other rel2 evant federally required planning programs. 

3 ‘‘(h) SCOPE OF PLANNING PROCESS.— 

4 ‘‘(1) IN GENERAL.—The metropolitan transpor5 tation planning process for a metropolitan planning 

6 area under this section shall provide for consideration 

7 of projects and strategies that will— 

8 ‘‘(A) support the economic vitality of the 

9 metropolitan area, especially by enabling global 

10 competitiveness, travel and tourism (where ap11 plicable), productivity, and efficiency; 

12 ‘‘(B) increase the safety of the transpor13 tation system for motorized and nonmotorized 

14 users; 

15 ‘‘(C) increase the security of the transpor16 tation system for motorized and nonmotorized 

17 users; 

18 ‘‘(D) increase the accessibility and mobility 

19 of individuals and freight; 

20 ‘‘(E) protect and enhance the environment, 

21 promote energy conservation, improve the qual22 ity of life, and promote consistency between 

23 transportation improvements and State and 

24 local planned growth and economic development 

25 patterns; 
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1 ‘‘(F) enhance the integration and 

2 connectivity of the transportation system, across 

3 and between modes, for individuals and freight; 

4 ‘‘(G) increase efficient system management 

5 and operation; and 

6 ‘‘(H) emphasize the preservation of the ex7 isting transportation system. 

8 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

9 ‘‘(A) IN GENERAL.—The metropolitan 

10 transportation planning process shall provide for 

11 the establishment and use of a performance-based 

12 approach to transportation decisionmaking to 

13 support the national goals described in section 

14 5301(c) of this title and in section 150(b) of title 

15 23. 

16 ‘‘(B) PERFORMANCE TARGETS.— 

17 ‘‘(i) SURFACE TRANSPORTATION PER18 FORMANCE TARGETS.— 

19 ‘‘(I) IN GENERAL.—Each metro20 politan planning organization shall es21 tablish performance targets that ad22 dress the performance measures de23 scribed in sections 119(f), 148(h), 

24 149(k) (where applicable), and 167(i) 

25 of title 23, to use in tracking attain-
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1 ment of critical outcomes for the region 

2 of the metropolitan planning organiza3 tion. 

4 ‘‘(II) COORDINATION.—Selection 

5 of performance targets by a metropoli6 tan planning organization shall be co7 ordinated with the relevant State to 

8 ensure consistency, to the maximum 

9 extent practicable. 

10 ‘‘(ii) PUBLIC TRANSPORTATION PER11 FORMANCE TARGETS.—Each metropolitan 

12 planning organization shall adopt the per13 formance targets identified by providers of 

14 public transportation pursuant to sections 

15 5326(c) and 5329(d), for use in tracking at16 tainment of critical outcomes for the region 

17 of the metropolitan planning organization. 

18 ‘‘(C) TIMING.—Each metropolitan planning 

19 organization shall establish the performance tar20 gets under subparagraph (B) not later than 90 

21 days after the date on which the relevant State 

22 or provider of public transportation establishes 

23 the performance targets. 

24 ‘‘(D) INTEGRATION OF OTHER PERFORM25 ANCE-BASED PLANS.—A metropolitan planning 
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1 organization shall integrate in the metropolitan 

2 transportation planning process, directly or by 

3 reference, the goals, objectives, performance meas4 ures, and targets described in other State plans 

5 and processes, as well as asset management and 

6 safety plans developed by providers of public 

7 transportation, required as part of a perform8 ance-based program, including plans such as— 

9 ‘‘(i) the State National Highway Sys10 tem asset management plan; 

11 ‘‘(ii) asset management plans devel12 oped by providers of public transportation; 

13 ‘‘(iii) the State strategic highway safe14 ty plan; 

15 ‘‘(iv) a congestion mitigation and air 

16 quality performance plan developed under 

17 section 149(k) of title 23 by a tier I MPO 

18 representing a nonattainment or mainte19 nance area; 

20 ‘‘(v) safety plans developed by pro21 viders of public transportation; and 

22 ‘‘(vi) the national freight strategic 

23 plan. 

24 ‘‘(E) USE OF PERFORMANCE MEASURES

25 AND TARGETS.—The performance measures and 
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1 targets established under this paragraph shall be 

2 used, at a minimum, by the relevant metropoli3 tan planning organization as the basis for devel4 opment of policies, programs, and investment 

5 priorities reflected in the metropolitan transpor6 tation plan and transportation improvement 

7 program. 

8 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail9 ure to take into consideration 1 or more of the factors 

10 specified in paragraphs (1) and (2) shall not be sub11 ject to review by any court under this chapter, title 

12 23, subchapter II of chapter 5 of title 5, or chapter 

13 7 of title 5 in any matter affecting a metropolitan 

14 transportation plan, a transportation improvement 

15 program, a project or strategy, or the certification of 

16 a planning process. 

17 ‘‘(4) PARTICIPATION BY INTERESTED PARTIES.— 

18 ‘‘(A) IN GENERAL.—Each metropolitan 

19 planning organization shall provide to affected 

20 individuals, public agencies, and other interested 

21 parties (including State representatives of non22 motorized users) notice and a reasonable oppor23 tunity to comment on the metropolitan transpor24 tation plan and transportation improvement 

25 program and any relevant scenarios. 
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† HR 4348 EAS 

1 ‘‘(B) CONTENTS OF PARTICIPATION PLAN.— 

2 Each metropolitan planning organization shall 

3 establish a participation plan that— 

4 ‘‘(i) is developed in consultation with 

5 interested parties and local officials; and 

6 ‘‘(ii) provides that interested parties 

7 and local officials have reasonable opportu8 nities to comment on the contents of the 

9 metropolitan transportation plan of the 

10 metropolitan planning organization. 

11 ‘‘(C) METHODS.—In carrying out subpara12 graph (A), the metropolitan planning organiza13 tion shall, to the maximum extent practicable— 

14 ‘‘(i) develop the metropolitan transpor15 tation plan and transportation improve16 ment program in consultation with inter17 ested parties (including State representa18 tives of nonmotorized users), as appro19 priate, including by the formation of advi20 sory groups representative of the community 

21 and interested parties that participate in 

22 the development of the metropolitan trans23 portation plan and transportation improve24 ment program; 
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† HR 4348 EAS 

1 ‘‘(ii) hold any public meetings at times 

2 and locations that are, as applicable— 

3 ‘‘(I) convenient; and 

4 ‘‘(II) in compliance with the 

5 Americans with Disabilities Act of 

6 1990 (42 U.S.C. 12101 et seq.); 

7 ‘‘(iii) employ visualization techniques 

8 to describe metropolitan transportation 

9 plans and transportation improvement pro10 grams; and 

11 ‘‘(iv) make public information avail12 able in appropriate electronically accessible 

13 formats and means, such as the Internet, to 

14 afford reasonable opportunity for consider15 ation of public information under subpara16 graph (A). 

17 ‘‘(i) DEVELOPMENT OF METROPOLITAN TRANSPOR18 TATION PLAN.— 

19 ‘‘(1) DEVELOPMENT.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), not later than 5 years after 

22 the date of enactment of the Federal Public 

23 Transportation Act of 2012, and not less fre24 quently than once every 5 years thereafter, each 

25 metropolitan planning organization shall pre-
655 

† HR 4348 EAS 

1 pare and update, respectively, a metropolitan 

2 transportation plan for the relevant metropolitan 

3 planning area in accordance with this section. 

4 ‘‘(B) EXCEPTIONS.—A metropolitan plan5 ning organization shall prepare or update, as 

6 appropriate, the metropolitan transportation 

7 plan not less frequently than once every 4 years 

8 if the metropolitan planning organization is op9 erating within— 

10 ‘‘(i) a nonattainment area; or 

11 ‘‘(ii) a maintenance area. 

12 ‘‘(2) OTHER REQUIREMENTS.—A metropolitan 

13 transportation plan under this section shall— 

14 ‘‘(A) be in a form that the Secretary deter15 mines to be appropriate; 

16 ‘‘(B) have a term of not less than 20 years; 

17 and 

18 ‘‘(C) contain, at a minimum— 

19 ‘‘(i) an identification of the existing 

20 transportation infrastructure, including 

21 highways, local streets and roads, bicycle 

22 and pedestrian facilities, public transpor23 tation facilities and services, commuter rail 

24 facilities and services, high-speed and inter25 city passenger rail facilities and services, 
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† HR 4348 EAS 

1 freight facilities (including freight railroad 

2 and port facilities), multimodal and inter3 modal facilities, and intermodal connectors 

4 that, evaluated in the aggregate, function as 

5 an integrated metropolitan transportation 

6 system; 

7 ‘‘(ii) a description of the performance 

8 measures and performance targets used in 

9 assessing the existing and future perform10 ance of the transportation system in accord11 ance with subsection (h)(2); 

12 ‘‘(iii) a description of the current and 

13 projected future usage of the transportation 

14 system, including a projection based on a 

15 preferred scenario, and further including, to 

16 the extent practicable, an identification of 

17 existing or planned transportation rights-of18 way, corridors, facilities, and related real 

19 properties; 

20 ‘‘(iv) a system performance report eval21 uating the existing and future condition 

22 and performance of the transportation sys23 tem with respect to the performance targets 

24 described in subsection (h)(2) and updates 
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† HR 4348 EAS 

1 in subsequent system performance reports, 

2 including— 

3 ‘‘(I) progress achieved by the met4 ropolitan planning organization in 

5 meeting the performance targets in 

6 comparison with system performance 

7 recorded in previous reports; 

8 ‘‘(II) an accounting of the per9 formance of the metropolitan planning 

10 organization on outlay of obligated 

11 project funds and delivery of projects 

12 that have reached substantial comple13 tion in relation to— 

14 ‘‘(aa) the projects included in 

15 the transportation improvement 

16 program; and 

17 ‘‘(bb) the projects that have 

18 been removed from the previous 

19 transportation improvement pro20 gram; and 

21 ‘‘(III) when appropriate, an anal22 ysis of how the preferred scenario has 

23 improved the conditions and perform24 ance of the transportation system and 

25 how changes in local policies, invest-
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1 ments, and growth have impacted the 

2 costs necessary to achieve the identified 

3 performance targets; 

4 ‘‘(v) recommended strategies and in5 vestments for improving system perform6 ance over the planning horizon, including 

7 transportation systems management and 

8 operations strategies, maintenance strate9 gies, demand management strategies, asset 

10 management strategies, capacity and en11 hancement investments, State and local eco12 nomic development and land use improve13 ments, intelligent transportation systems 

14 deployment, and technology adoption strate15 gies, as determined by the projected support 

16 of the performance targets described in sub17 section (h)(2); 

18 ‘‘(vi) recommended strategies and in19 vestments to improve and integrate dis20 ability-related access to transportation in21 frastructure, including strategies and in22 vestments based on a preferred scenario, 

23 when appropriate; 

24 ‘‘(vii) investment priorities for using 

25 projected available and proposed revenues 
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† HR 4348 EAS 

1 over the short- and long-term stages of the 

2 planning horizon, in accordance with the fi3 nancial plan required under paragraph (4); 

4 ‘‘(viii) a description of interstate com5 pacts entered into in order to promote co6 ordinated transportation planning in 

7 multistate areas, if applicable; 

8 ‘‘(ix) an optional illustrative list of 

9 projects containing investments that— 

10 ‘‘(I) are not included in the met11 ropolitan transportation plan; but 

12 ‘‘(II) would be so included if re13 sources in addition to the resources 

14 identified in the financial plan under 

15 paragraph (4) were available; 

16 ‘‘(x) a discussion (developed in con17 sultation with Federal, State, and tribal 

18 wildlife, land management, and regulatory 

19 agencies) of types of potential environ20 mental and stormwater mitigation activi21 ties and potential areas to carry out those 

22 activities, including activities that may 

23 have the greatest potential to restore and 

24 maintain the environmental functions af-
660 

† HR 4348 EAS 

1 fected by the metropolitan transportation 

2 plan; and 

3 ‘‘(xi) recommended strategies and in4 vestments, including those developed by the 

5 State as part of interstate compacts, agree6 ments, or organizations, that support inter7 city transportation. 

8 ‘‘(3) SCENARIO DEVELOPMENT.— 

9 ‘‘(A) IN GENERAL.—When preparing the 

10 metropolitan transportation plan, the metropoli11 tan planning organization may, while fitting the 

12 needs and complexity of their community, de13 velop multiple scenarios for consideration as a 

14 part of the development of the metropolitan 

15 transportation plan, in accordance with sub16 paragraph (B). 

17 ‘‘(B) COMPONENTS OF SCENARIOS.—The 

18 scenarios— 

19 ‘‘(i) shall include potential regional in20 vestment strategies for the planning horizon; 

21 ‘‘(ii) shall include assumed distribu22 tion of population and employment; 

23 ‘‘(iii) may include a scenario that, to 

24 the maximum extent practicable, maintains 
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† HR 4348 EAS 

1 baseline conditions for the performance 

2 measures identified in subsection (h)(2); 

3 ‘‘(iv) may include a scenario that im4 proves the baseline conditions for as many 

5 of the performance measures under sub6 section (h)(2) as possible; 

7 ‘‘(v) shall be revenue constrained based 

8 on the total revenues expected to be avail9 able over the forecast period of the plan; 

10 and 

11 ‘‘(vi) may include estimated costs and 

12 potential revenues available to support each 

13 scenario. 

14 ‘‘(C) METRICS.—In addition to the per15 formance measures identified in subsection 

16 (h)(2), scenarios developed under this paragraph 

17 may be evaluated using locally developed metrics 

18 for the following categories: 

19 ‘‘(i) Congestion and mobility, includ20 ing transportation use by mode. 

21 ‘‘(ii) Freight movement. 

22 ‘‘(iii) Safety. 

23 ‘‘(iv) Efficiency and costs to taxpayers. 

24 ‘‘(4) FINANCIAL PLAN.—A financial plan re25 ferred to in paragraph (2)(C)(vii) shall— 
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† HR 4348 EAS 

1 ‘‘(A) be prepared by each metropolitan 

2 planning organization to support the metropoli3 tan transportation plan; and 

4 ‘‘(B) contain a description of the following: 

5 ‘‘(i) Projected resource requirements for 

6 implementing projects, strategies, and serv7 ices recommended in the metropolitan 

8 transportation plan, including existing and 

9 projected system operating and mainte10 nance needs, proposed enhancement and ex11 pansions to the system, projected available 

12 revenue from Federal, State, local, and pri13 vate sources, and innovative financing tech14 niques to finance projects and programs. 

15 ‘‘(ii) The projected difference between 

16 costs and revenues, and strategies for secur17 ing additional new revenue (such as by cap18 ture of some of the economic value created 

19 by any new investment). 

20 ‘‘(iii) Estimates of future funds, to be 

21 developed cooperatively by the metropolitan 

22 planning organization, any public trans23 portation agency, and the State, that are 

24 reasonably expected to be available to sup-
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† HR 4348 EAS 

1 port the investment priorities recommended 

2 in the metropolitan transportation plan. 

3 ‘‘(iv) Each applicable project only if 

4 full funding can reasonably be anticipated 

5 to be available for the project within the 

6 time period contemplated for completion of 

7 the project. 

8 ‘‘(5) COORDINATION WITH CLEAN AIR ACT AGEN9 CIES.—The metropolitan planning organization for 

10 any metropolitan area that is a nonattainment area 

11 or maintenance area shall coordinate the development 

12 of a transportation plan with the process for develop13 ment of the transportation control measures of the 

14 State implementation plan required by the Clean Air 

15 Act (42 U.S.C. 7401 et seq.). 

16 ‘‘(6) PUBLICATION.—On approval by the rel17 evant metropolitan planning organization, a metro18 politan transportation plan involving Federal par19 ticipation shall be, at such times and in such manner 

20 as the Secretary shall require— 

21 ‘‘(A) published or otherwise made readily 

22 available by the metropolitan planning organiza23 tion for public review, including (to the max24 imum extent practicable) in electronically acces-
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† HR 4348 EAS 

1 sible formats and means, such as the Internet; 

2 and 

3 ‘‘(B) submitted for informational purposes 

4 to the applicable Governor. 

5 ‘‘(7) CONSULTATION.— 

6 ‘‘(A) IN GENERAL.—In each metropolitan 

7 area, the metropolitan planning organization 

8 shall consult, as appropriate, with Federal, 

9 State, tribal, and local agencies responsible for 

10 land use management, natural resources, envi11 ronmental protection, conservation, and historic 

12 preservation concerning the development of a 

13 metropolitan transportation plan. 

14 ‘‘(B) ISSUES.—The consultation under sub15 paragraph (A) shall involve, as available, consid16 eration of— 

17 ‘‘(i) metropolitan transportation plans 

18 with Federal, State, tribal, and local con19 servation plans or maps; and 

20 ‘‘(ii) inventories of natural or historic 

21 resources. 

22 ‘‘(8) SELECTION OF PROJECTS FROM ILLUS23 TRATIVE LIST.—Notwithstanding paragraph (4), a 

24 State or metropolitan planning organization shall not 

25 be required to select any project from the illustrative 
665 

† HR 4348 EAS 

1 list of additional projects included in the metropoli2 tan transportation plan under paragraph (2)(C)(ix). 

3 ‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 

4 ‘‘(1) DEVELOPMENT.— 

5 ‘‘(A) IN GENERAL.—In cooperation with the 

6 applicable State and any affected public trans7 portation operator, the metropolitan planning 

8 organization designated for a metropolitan area 

9 shall develop a transportation improvement pro10 gram for the metropolitan planning area that— 

11 ‘‘(i) contains projects consistent with 

12 the current metropolitan transportation 

13 plan; 

14 ‘‘(ii) reflects the investment priorities 

15 established in the current metropolitan 

16 transportation plan; and 

17 ‘‘(iii) once implemented, will make sig18 nificant progress toward achieving the per19 formance targets established under sub20 section (h)(2). 

21 ‘‘(B) OPPORTUNITY FOR PARTICIPATION.— 

22 In developing the transportation improvement 

23 program, the metropolitan planning organiza24 tion, in cooperation with the State and any af25 fected public transportation operator, shall pro-
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† HR 4348 EAS 

1 vide an opportunity for participation by inter2 ested parties, in accordance with subsection 

3 (h)(4). 

4 ‘‘(C) UPDATING AND APPROVAL.—The 

5 transportation improvement program shall be— 

6 ‘‘(i) updated not less frequently than 

7 once every 4 years, on a cycle compatible 

8 with the development of the relevant state9 wide transportation improvement program 

10 under section 5304; and 

11 ‘‘(ii) approved by the applicable Gov12 ernor. 

13 ‘‘(2) CONTENTS.— 

14 ‘‘(A) PRIORITY LIST.—The transportation 

15 improvement program shall include a priority 

16 list of proposed federally supported projects and 

17 strategies to be carried out during the 4-year pe18 riod beginning on the date of adoption of the 

19 transportation improvement program, and each 

20 4-year period thereafter, using existing and rea21 sonably available revenues in accordance with 

22 the financial plan under paragraph (3). 

23 ‘‘(B) DESCRIPTIONS.—Each project de24 scribed in the transportation improvement pro25 gram shall include sufficient descriptive material 
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† HR 4348 EAS 

1 (such as type of work, termini, length, and other 

2 similar factors) to identify the project or phase 

3 of the project and the effect that the project or 

4 project phase will have in addressing the targets 

5 described in subsection (h)(2). 

6 ‘‘(C) PERFORMANCE TARGET ACHIEVE7 MENT.—The transportation improvement pro8 gram shall include, to the maximum extent prac9 ticable, a description of the anticipated effect of 

10 the transportation improvement program on at11 tainment of the performance targets established 

12 in the metropolitan transportation plan, linking 

13 investment priorities to those performance tar14 gets. 

15 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.—In 

16 developing a transportation improvement pro17 gram, an optional illustrative list of projects 

18 may be prepared containing additional invest19 ment priorities that— 

20 ‘‘(i) are not included in the transpor21 tation improvement program; but 

22 ‘‘(ii) would be so included if resources 

23 in addition to the resources identified in the 

24 financial plan under paragraph (3) were 

25 available. 
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† HR 4348 EAS 

1 ‘‘(3) FINANCIAL PLAN.—A financial plan re2 ferred to in paragraph (2)(D)(ii) shall— 

3 ‘‘(A) be prepared by each metropolitan 

4 planning organization to support the transpor5 tation improvement program; and 

6 ‘‘(B) contain a description of the following: 

7 ‘‘(i) Projected resource requirements for 

8 implementing projects, strategies, and serv9 ices recommended in the transportation im10 provement program, including existing and 

11 projected system operating and mainte12 nance needs, proposed enhancement and ex13 pansions to the system, projected available 

14 revenue from Federal, State, local, and pri15 vate sources, and innovative financing tech16 niques to finance projects and programs. 

17 ‘‘(ii) The projected difference between 

18 costs and revenues, and strategies for secur19 ing additional new revenue (such as by cap20 ture of some of the economic value created 

21 by any new investment). 

22 ‘‘(iii) Estimates of future funds, to be 

23 developed cooperatively by the metropolitan 

24 planning organization, any public trans25 portation agency, and the State, that are 
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† HR 4348 EAS 

1 reasonably expected to be available to sup2 port the investment priorities recommended 

3 in the transportation improvement pro4 gram. 

5 ‘‘(iv) Each applicable project, only if 

6 full funding can reasonably be anticipated 

7 to be available for the project within the 

8 time period contemplated for completion of 

9 the project. 

10 ‘‘(4) INCLUDED PROJECTS.— 

11 ‘‘(A) PROJECTS UNDER THIS CHAPTER AND

12 TITLE 23.—A transportation improvement pro13 gram developed under this subsection for a met14 ropolitan area shall include a description of the 

15 projects within the area that are proposed for 

16 funding under this chapter and chapter 1 of title 

17 23. 

18 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

19 ‘‘(i) REGIONALLY SIGNIFICANT.—Each 

20 regionally significant project proposed for 

21 funding under chapter 2 of title 23 shall be 

22 identified individually in the transpor23 tation improvement program. 

24 ‘‘(ii) NONREGIONALLY SIGNIFICANT.— 

25 A description of each project proposed for 
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1 funding under chapter 2 of title 23 that is 

2 not determined to be regionally significant 

3 shall be contained in 1 line item or identi4 fied individually in the transportation im5 provement program. 

6 ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Before 

7 approving a transportation improvement program, a 

8 metropolitan planning organization, in cooperation 

9 with the State and any affected public transportation 

10 operator, shall provide an opportunity for participa11 tion by interested parties in the development of the 

12 transportation improvement program, in accordance 

13 with subsection (h)(4). 

14 ‘‘(6) SELECTION OF PROJECTS.— 

15 ‘‘(A) IN GENERAL.—Each tier I MPO and 

16 tier II MPO shall select projects carried out 

17 within the boundaries of the applicable metro18 politan planning area from the transportation 

19 improvement program, in consultation with the 

20 relevant State and on concurrence of the affected 

21 facility owner, for funds apportioned to the State 

22 under section 104(b)(2) of title 23 and suballo23 cated to the metropolitan planning area under 

24 section 133(d) of title 23. 
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1 ‘‘(B) PROJECTS UNDER CHAPTER 53.—In 

2 the case of projects under this chapter, the selec3 tion of federally funded projects in metropolitan 

4 areas shall be carried out, from the approved 

5 transportation improvement program, by the 

6 designated recipients of public transportation 

7 funding in cooperation with the metropolitan 

8 planning organization. 

9 ‘‘(C) CONGESTION MITIGATION AND AIR

10 QUALITY PROJECTS.—Each tier I MPO shall se11 lect projects carried out within the boundaries of 

12 the applicable metropolitan planning area from 

13 the transportation improvement program, in 

14 consultation with the relevant State and on con15 currence of the affected facility owner, for funds 

16 apportioned to the State under section 104(b)(4) 

17 of title 23 and suballocated to the metropolitan 

18 planning area under section 149(j) of title 23. 

19 ‘‘(D) MODIFICATIONS TO PROJECT PRI20 ORITY.—Notwithstanding any other provision of 

21 law, approval by the Secretary shall not be re22 quired to carry out a project included in a 

23 transportation improvement program in place of 

24 another project in the transportation improve25 ment program. 
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1 ‘‘(7) PUBLICATION.— 

2 ‘‘(A) IN GENERAL.—A transportation im3 provement program shall be published or other4 wise made readily available by the applicable 

5 metropolitan planning organization for public 

6 review in electronically accessible formats and 

7 means, such as the Internet. 

8 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an9 nual list of projects, including investments in pe10 destrian walkways, bicycle transportation facili11 ties, and intermodal facilities that support inter12 city transportation, for which Federal funds 

13 have been obligated during the preceding fiscal 

14 year shall be published or otherwise made avail15 able by the cooperative effort of the State, public 

16 transportation operator, and metropolitan plan17 ning organization in electronically accessible for18 mats and means, such as the Internet, in a man19 ner that is consistent with the categories identi20 fied in the relevant transportation improvement 

21 program. 

22 ‘‘(k) PLANNING REQUIREMENTS FOR TIER II MPOS.— 

23 ‘‘(1) IN GENERAL.—The Secretary may provide 

24 for the performance-based development of a metropoli25 tan transportation plan and transportation improve-
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1 ment program for the metropolitan planning area of 

2 a tier II MPO, as the Secretary determines to be ap3 propriate, taking into account— 

4 ‘‘(A) the complexity of transportation needs 

5 in the area; and 

6 ‘‘(B) the technical capacity of the metropoli7 tan planning organization. 

8 ‘‘(2) EVALUATION OF PERFORMANCE-BASED

9 PLANNING.—In reviewing a tier II MPO under sub10 section (m), the Secretary shall take into consider11 ation the effectiveness of the tier II MPO in imple12 menting and maintaining a performance-based plan13 ning process that— 

14 ‘‘(A) addresses the performance targets de15 scribed in subsection (h)(2); and 

16 ‘‘(B) demonstrates progress on the achieve17 ment of those performance targets. 

18 ‘‘(l) CERTIFICATION.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall— 

20 ‘‘(A) ensure that the metropolitan transpor21 tation planning process of a metropolitan plan22 ning organization is being carried out in accord23 ance with applicable Federal law; and 

24 ‘‘(B) subject to paragraph (2), certify, not 

25 less frequently than once every 4 years, that the 
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1 requirements of subparagraph (A) are met with 

2 respect to the metropolitan transportation plan3 ning process. 

4 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.—The 

5 Secretary may make a certification under paragraph 

6 (1)(B) if— 

7 ‘‘(A) the metropolitan transportation plan8 ning process complies with the requirements of 

9 this section and other applicable Federal law; 

10 ‘‘(B) representation on the metropolitan 

11 planning organization board includes officials of 

12 public agencies that administer or operate major 

13 modes of transportation in the relevant metro14 politan area, including providers of public 

15 transportation; and 

16 ‘‘(C) a transportation improvement pro17 gram for the metropolitan planning area has 

18 been approved by the relevant metropolitan plan19 ning organization and applicable Governor. 

20 ‘‘(3) DELEGATION OF AUTHORITY.—The Sec21 retary may— 

22 ‘‘(A) delegate to the appropriate State fact23 finding authority regarding the certification of a 

24 tier II MPO under this subsection; and 
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1 ‘‘(B) make the certification under para2 graph (1) in consultation with the State. 

3 ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 

4 ‘‘(A) WITHHOLDING OF PROJECT FUNDS.— 

5 If a metropolitan transportation planning proc6 ess of a metropolitan planning organization is 

7 not certified under paragraph (1), the Secretary 

8 may withhold up to 20 percent of the funds at9 tributable to the metropolitan planning area of 

10 the metropolitan planning organization for 

11 projects funded under this chapter and title 23. 

12 ‘‘(B) RESTORATION OF WITHHELD

13 FUNDS.—Any funds withheld under subpara14 graph (A) shall be restored to the metropolitan 

15 planning area on the date of certification of the 

16 metropolitan transportation planning process by 

17 the Secretary. 

18 ‘‘(5) PUBLIC INVOLVEMENT.—In making a deter19 mination regarding certification under this sub20 section, the Secretary shall provide for public involve21 ment appropriate to the metropolitan planning area 

22 under review. 

23 ‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES

24 EVALUATION.— 
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1 ‘‘(1) IN GENERAL.—The Secretary shall establish 

2 criteria to evaluate the effectiveness of the perform3 ance-based planning processes of metropolitan plan4 ning organizations under this section, taking into 

5 consideration the following: 

6 ‘‘(A) The extent to which the metropolitan 

7 planning organization has achieved, or is cur8 rently making substantial progress toward 

9 achieving, the performance targets specified in 

10 subsection (h)(2), taking into account whether 

11 the metropolitan planning organization devel12 oped meaningful performance targets. 

13 ‘‘(B) The extent to which the metropolitan 

14 planning organization has used proven best 

15 practices that help ensure transportation invest16 ment that is efficient and cost-effective. 

17 ‘‘(C) The extent to which the metropolitan 

18 planning organization— 

19 ‘‘(i) has developed an investment proc20 ess that relies on public input and aware21 ness to ensure that investments are trans22 parent and accountable; and 

23 ‘‘(ii) provides regular reports allowing 

24 the public to access the information being 

25 collected in a format that allows the public 
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1 to meaningfully assess the performance of 

2 the metropolitan planning organization. 

3 ‘‘(2) REPORT.— 

4 ‘‘(A) IN GENERAL.—Not later than 5 years 

5 after the date of enactment of the Federal Public 

6 Transportation Act of 2012, the Secretary shall 

7 submit to Congress a report evaluating— 

8 ‘‘(i) the overall effectiveness of perform9 ance-based planning as a tool for guiding 

10 transportation investments; and 

11 ‘‘(ii) the effectiveness of the perform12 ance-based planning process of each metro13 politan planning organization under this 

14 section. 

15 ‘‘(B) PUBLICATION.—The report under sub16 paragraph (A) shall be published or otherwise 

17 made available in electronically accessible for18 mats and means, including on the Internet. 

19 ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NON20 ATTAINMENT AREAS.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of this chapter or title 23, Federal funds 

23 may not be advanced in any metropolitan planning 

24 area classified as a nonattainment area or mainte25 nance area for any highway project that will result 
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1 in a significant increase in the carrying capacity for 

2 single-occupant vehicles, unless the owner or operator 

3 of the project demonstrates that the project will 

4 achieve or make substantial progress toward achieving 

5 the performance targets described in subsection (h)(2). 

6 ‘‘(2) APPLICABILITY.—This subsection applies to 

7 any nonattainment area or maintenance area within 

8 the boundaries of a metropolitan planning area, as 

9 determined under subsection (c). 

10 ‘‘(o) EFFECT OF SECTION.—Nothing in this section 

11 provides to any metropolitan planning organization the au12 thority to impose any legal requirement on any transpor13 tation facility, provider, or project not subject to the re14 quirements of this chapter or title 23. 

15 ‘‘(p) FUNDING.—Funds apportioned under section 

16 104(b)(6) of title 23 and set aside under section 5305(g) 

17 of this title shall be available to carry out this section. 

18 ‘‘(q) CONTINUATION OF CURRENT REVIEW PRAC19 TICE.— 

20 ‘‘(1) IN GENERAL.—In consideration of the fac21 tors described in paragraph (2), any decision by the 

22 Secretary concerning a metropolitan transportation 

23 plan or transportation improvement program shall 

24 not be considered to be a Federal action subject to re-
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1 view under the National Environmental Policy Act of 

2 1969 (42 U.S.C. 4321 et seq.). 

3 ‘‘(2) DESCRIPTION OF FACTORS.—The factors re4 ferred to in paragraph (1) are that— 

5 ‘‘(A) metropolitan transportation plans and 

6 transportation improvement programs are sub7 ject to a reasonable opportunity for public com8 ment; 

9 ‘‘(B) the projects included in metropolitan 

10 transportation plans and transportation im11 provement programs are subject to review under 

12 the National Environmental Policy Act of 1969 

13 (42 U.S.C. 4321 et seq.); and 

14 ‘‘(C) decisions by the Secretary concerning 

15 metropolitan transportation plans and transpor16 tation improvement programs have not been re17 viewed under the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4321 et seq.) as of Janu19 ary 1, 1997. 

20 ‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The Sec21 retary shall issue guidance on a schedule for implementa22 tion of the changes made by this section, taking into consid23 eration the established planning update cycle for metropoli24 tan planning organizations. The Secretary shall not require 

25 a metropolitan planning organization to deviate from its 
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1 established planning update cycle to implement changes 

2 made by this section. Metropolitan planning organizations 

3 shall reflect changes made to their transportation plan or 

4 transportation improvement program updates not later 

5 than 2 years after the date of issuance of guidance by the 

6 Secretary.’’. 

7 (b) PILOT PROGRAM FOR TRANSIT-ORIENTED DEVEL8 OPMENT PLANNING.— 

9 (1) DEFINITIONS.—In this subsection the fol10 lowing definitions shall apply: 

11 (A) ELIGIBLE PROJECT.—The term ‘‘eligible 

12 project’’ means a new fixed guideway capital 

13 project or a core capacity improvement project, 

14 as those terms are defined in section 5309 of title 

15 49, United States Code, as amended by this divi16 sion. 

17 (B) SECRETARY.—The term ‘‘Secretary’’ 

18 means the Secretary of Transportation. 

19 (2) GENERAL AUTHORITY.—The Secretary may 

20 make grants under this subsection to a State or local 

21 governmental authority to assist in financing com22 prehensive planning associated with an eligible 

23 project that seeks to— 
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1 (A) enhance economic development, rider2 ship, and other goals established during the 

3 project development and engineering processes; 

4 (B) facilitate multimodal connectivity and 

5 accessibility; 

6 (C) increase access to transit hubs for pedes7 trian and bicycle traffic; 

8 (D) enable mixed-use development; 

9 (E) identify infrastructure needs associated 

10 with the eligible project; and 

11 (F) include private sector participation. 

12 (3) ELIGIBILITY.—A State or local governmental 

13 authority that desires to participate in the program 

14 under this subsection shall submit to the Secretary an 

15 application that contains, at a minimum— 

16 (A) identification of an eligible project; 

17 (B) a schedule and process for the develop18 ment of a comprehensive plan; 

19 (C) a description of how the eligible project 

20 and the proposed comprehensive plan advance 

21 the metropolitan transportation plan of the met22 ropolitan planning organization; 

23 (D) proposed performance criteria for the 

24 development and implementation of the com25 prehensive plan; and 
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1 (E) identification of— 

2 (i) partners; 

3 (ii) availability of and authority for 

4 funding; and 

5 (iii) potential State, local or other im6 pediments to the implementation of the 

7 comprehensive plan. 

8 SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANS9 PORTATION PLANNING. 

10 Section 5304 of title 49, United States Code, is amend11 ed to read as follows: 

12 ‘‘§ 5304. Statewide and nonmetropolitan transpor13 tation planning 

14 ‘‘(a) STATEWIDE TRANSPORTATION PLANS AND

15 STIPS.— 

16 ‘‘(1) DEVELOPMENT.— 

17 ‘‘(A) IN GENERAL.—To accomplish the pol18 icy objectives described in section 5303(a), each 

19 State shall develop a statewide transportation 

20 plan and a statewide transportation improve21 ment program for all areas of the State in ac22 cordance with this section. 

23 ‘‘(B) INCORPORATION OF METROPOLITAN

24 TRANSPORTATION PLANS AND TIPS.—Each State 

25 shall incorporate in the statewide transportation 
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1 plan and statewide transportation improvement 

2 program, without change or by reference, the 

3 metropolitan transportation plans and transpor4 tation improvement programs, respectively, for 

5 each metropolitan planning area in the State. 

6 ‘‘(C) NONMETROPOLITAN AREAS.—Each 

7 State shall consult with local officials in small 

8 urbanized areas with a population of 50,000 or 

9 more individuals, but fewer than 200,000 indi10 viduals, as calculated according to the most re11 cent decennial census, and nonurbanized areas of 

12 the State in preparing the nonmetropolitan por13 tions of statewide transportation plans and 

14 statewide transportation improvement programs. 

15 ‘‘(2) CONTENTS.—The statewide transportation 

16 plan and statewide transportation improvement pro17 gram developed for each State shall provide for the 

18 development and integrated management and oper19 ation of transportation systems and facilities (includ20 ing accessible pedestrian walkways, bicycle transpor21 tation facilities, and intermodal facilities that sup22 port intercity transportation) that will function as— 

23 ‘‘(A) an intermodal transportation system 

24 for the State; and 
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1 ‘‘(B) an integral part of an intermodal 

2 transportation system for the United States. 

3 ‘‘(3) PROCESS.—The process for developing the 

4 statewide transportation plan and statewide trans5 portation improvement program shall— 

6 ‘‘(A) provide for consideration of all modes 

7 of transportation; and 

8 ‘‘(B) be continuing, cooperative, and com9 prehensive to the degree appropriate, based on 

10 the complexity of the transportation needs to be 

11 addressed. 

12 ‘‘(b) COORDINATION AND CONSULTATION.— 

13 ‘‘(1) IN GENERAL.—Each State shall— 

14 ‘‘(A) coordinate planning carried out under 

15 this section with— 

16 ‘‘(i) the transportation planning ac17 tivities carried out under section 5303 for 

18 metropolitan areas of the State; and 

19 ‘‘(ii) statewide trade and economic de20 velopment planning activities and related 

21 multistate planning efforts; 

22 ‘‘(B) coordinate planning carried out under 

23 this section with the transportation planning ac24 tivities carried out by each nonmetropolitan 
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1 planning organization in the State, as applica2 ble; 

3 ‘‘(C) consult on planning carried out under 

4 this section with the transportation planning ac5 tivities carried out by each rural planning orga6 nization in the State, as applicable; and 

7 ‘‘(D) develop the transportation portion of 

8 the State implementation plan as required by 

9 the Clean Air Act (42 U.S.C. 7401 et seq.). 

10 ‘‘(2) MULTISTATE AREAS.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall en12 courage each Governor with responsibility for a 

13 portion of a multistate metropolitan planning 

14 area and the appropriate metropolitan planning 

15 organizations to provide coordinated transpor16 tation planning for the entire metropolitan area. 

17 ‘‘(B) COORDINATION ALONG DESIGNATED

18 TRANSPORTATION CORRIDORS.—The Secretary 

19 shall encourage each Governor with responsi20 bility for a portion of a multistate transpor21 tation corridor to provide coordinated transpor22 tation planning for the entire designated cor23 ridor. 

24 ‘‘(C) INTERSTATE COMPACTS.—For pur25 poses of this section, any 2 or more States— 
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1 ‘‘(i) may enter into compacts, agree2 ments, or organizations not in conflict with 

3 any Federal law for cooperative efforts and 

4 mutual assistance in support of activities 

5 authorized under this section, as the activi6 ties relate to interstate areas and localities 

7 within the States; 

8 ‘‘(ii) may establish such agencies (joint 

9 or otherwise) as the States determine to be 

10 appropriate for ensuring the effectiveness of 

11 the agreements and compacts; and 

12 ‘‘(iii) are encouraged to enter into such 

13 compacts, agreements, or organizations as 

14 are appropriate to develop planning docu15 ments in support of intercity or multistate 

16 area projects, facilities, and services, the rel17 evant components of which shall be reflected 

18 in statewide transportation improvement 

19 programs and statewide transportation 

20 plans. 

21 ‘‘(D) RESERVATION OF RIGHTS.—The right 

22 to alter, amend, or repeal any interstate compact 

23 or agreement entered into under this subsection 

24 is expressly reserved. 
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1 ‘‘(c) RELATIONSHIP WITH OTHER PLANNING OFFI2 CIALS.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall encour4 age each State to cooperate with Federal, State, trib5 al, and local officers and entities responsible for other 

6 types of planning activities that are affected by trans7 portation in the relevant area (including planned 

8 growth, economic development, infrastructure services, 

9 housing, other public services, environmental protec10 tion, airport operations, high-speed and intercity pas11 senger rail, freight rail, port access, and freight move12 ments), to the maximum extent practicable, to ensure 

13 that the statewide and nonmetropolitan planning 

14 process, statewide transportation plans, and statewide 

15 transportation improvement programs are developed 

16 with due consideration for other related planning ac17 tivities in the State. 

18 ‘‘(2) INCLUSION.—Cooperation under paragraph 

19 (1) shall include the design and delivery of transpor20 tation services within the State that are provided 

21 by— 

22 ‘‘(A) recipients of assistance under sections 

23 202, 203, and 204 of title 23; 

24 ‘‘(B) recipients of assistance under this 

25 chapter; 
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1 ‘‘(C) government agencies and nonprofit or2 ganizations (including representatives of the 

3 agencies and organizations) that receive Federal 

4 assistance from a source other than the Depart5 ment of Transportation to provide nonemergency 

6 transportation services; and 

7 ‘‘(D) sponsors of regionally significant pro8 grams, projects, and services that are related to 

9 transportation and receive assistance from any 

10 public or private source. 

11 ‘‘(d) SCOPE OF PLANNING PROCESS.— 

12 ‘‘(1) IN GENERAL.—The statewide transportation 

13 planning process for a State under this section shall 

14 provide for consideration of projects, strategies, and 

15 services that will— 

16 ‘‘(A) support the economic vitality of the 

17 United States, the State, nonmetropolitan areas, 

18 and metropolitan areas, especially by enabling 

19 global competitiveness, travel and tourism (where 

20 applicable), productivity, and efficiency; 

21 ‘‘(B) increase the safety of the transpor22 tation system for motorized and nonmotorized 

23 users; 
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1 ‘‘(C) increase the security of the transpor2 tation system for motorized and nonmotorized 

3 users; 

4 ‘‘(D) increase the accessibility and mobility 

5 of individuals and freight; 

6 ‘‘(E) protect and enhance the environment, 

7 promote energy conservation, improve the qual8 ity of life, and promote consistency between 

9 transportation improvements and State and 

10 local planned growth and economic development 

11 patterns; 

12 ‘‘(F) enhance the integration and 

13 connectivity of the transportation system, across 

14 and between modes, for individuals and freight; 

15 ‘‘(G) increase efficient system management 

16 and operation; and 

17 ‘‘(H) emphasize the preservation of the ex18 isting transportation system. 

19 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

20 ‘‘(A) IN GENERAL.—The statewide transpor21 tation planning process shall provide for the es22 tablishment and use of a performance-based ap23 proach to transportation decisionmaking to sup24 port the national goals described in section 
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1 5301(c) of this title and in section 150(b) of title 

2 23. 

3 ‘‘(B) SURFACE TRANSPORTATION PERFORM4 ANCE TARGETS.— 

5 ‘‘(i) IN GENERAL.—Each State shall 

6 establish performance targets that address 

7 the performance measures described in sec8 tions 119(f), 148(h), and 167(i) of title 23 

9 to use in tracking attainment of critical 

10 outcomes for the region of the State. 

11 ‘‘(ii) COORDINATION.—Selection of per12 formance targets by a State shall be coordi13 nated with relevant metropolitan planning 

14 organizations to ensure consistency, to the 

15 maximum extent practicable. 

16 ‘‘(C) PUBLIC TRANSPORTATION PERFORM17 ANCE TARGETS.—For providers of public trans18 portation operating in urbanized areas with a 

19 population of fewer than 200,000 individuals, as 

20 calculated according to the most recent decennial 

21 census, and not represented by a metropolitan 

22 planning organization, each State shall adopt 

23 the performance targets identified by such pro24 viders of public transportation pursuant to sec25 tions 5326(c) and 5329(d), for use in tracking 
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1 attainment of critical outcomes for the region of 

2 the metropolitan planning organization. 

3 ‘‘(D) INTEGRATION OF OTHER PERFORM4 ANCE-BASED PLANS.—A State shall integrate 

5 into the statewide transportation planning proc6 ess, directly or by reference, the goals, objectives, 

7 performance measures, and performance targets 

8 described in this paragraph in other State plans 

9 and processes, and asset management and safety 

10 plans developed by providers of public transpor11 tation in urbanized areas with a population of 

12 fewer than 200,000 individuals, as calculated ac13 cording to the most recent decennial census, and 

14 not represented by a metropolitan planning or15 ganization, required as part of a performance16 based program, including plans such as— 

17 ‘‘(i) the State National Highway Sys18 tem asset management plan; 

19 ‘‘(ii) asset management plans devel20 oped by providers of public transportation; 

21 ‘‘(iii) the State strategic highway safe22 ty plan; 

23 ‘‘(iv) safety plans developed by pro24 viders of public transportation; and 

25 ‘‘(v) the national freight strategic plan. 
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1 ‘‘(E) USE OF PERFORMANCE MEASURES

2 AND TARGETS.—The performance measures and 

3 targets established under this paragraph shall be 

4 used, at a minimum, by a State as the basis for 

5 development of policies, programs, and invest6 ment priorities reflected in the statewide trans7 portation plan and statewide transportation im8 provement program. 

9 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail10 ure to take into consideration 1 or more of the factors 

11 specified in paragraphs (1) and (2) shall not be sub12 ject to review by any court under this chapter, title 

13 23, subchapter II of chapter 5 of title 5, or chapter 

14 7 of title 5 in any matter affecting a statewide trans15 portation plan, a statewide transportation improve16 ment program, a project or strategy, or the certifi17 cation of a planning process. 

18 ‘‘(4) PARTICIPATION BY INTERESTED PARTIES.— 

19 ‘‘(A) IN GENERAL.—Each State shall pro20 vide to— 

21 ‘‘(i) nonmetropolitan local elected offi22 cials an opportunity to participate in ac23 cordance with subparagraph (B)(i); and 

24 ‘‘(ii) affected individuals, public agen25 cies, and other interested parties notice and 
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1 a reasonable opportunity to comment on the 

2 statewide transportation plan and statewide 

3 transportation improvement program. 

4 ‘‘(B) METHODS.—In carrying out this 

5 paragraph, the State shall— 

6 ‘‘(i) develop and document a consult7 ative process to carry out subparagraph 

8 (A)(i) that is separate and discrete from the 

9 public involvement process developed under 

10 clause (ii); 

11 ‘‘(ii) develop the statewide transpor12 tation plan and statewide transportation 

13 improvement program in consultation with 

14 interested parties, as appropriate, including 

15 by the formation of advisory groups rep16 resentative of the State and interested par17 ties that participate in the development of 

18 the statewide transportation plan and state19 wide transportation improvement program; 

20 ‘‘(iii) hold any public meetings at 

21 times and locations that are, as applica22 ble— 

23 ‘‘(I) convenient; and 
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1 ‘‘(II) in compliance with the 

2 Americans with Disabilities Act of 

3 1990 (42 U.S.C. 12101 et seq.); 

4 ‘‘(iv) employ visualization techniques 

5 to describe statewide transportation plans 

6 and statewide transportation improvement 

7 programs; and 

8 ‘‘(v) make public information available 

9 in appropriate electronically accessible for10 mats and means, such as the Internet, to af11 ford reasonable opportunity for consider12 ation of public information under subpara13 graph (A). 

14 ‘‘(e) COORDINATION AND CONSULTATION.— 

15 ‘‘(1) METROPOLITAN AREAS.— 

16 ‘‘(A) IN GENERAL.—Each State shall de17 velop a statewide transportation plan and state18 wide transportation improvement program for 

19 each metropolitan area in the State by incor20 porating, without change or by reference, at a 

21 minimum, as prepared by each metropolitan 

22 planning organization designated for the metro23 politan area under section 5303— 

24 ‘‘(i) all regionally significant projects 

25 to be carried out during the 10-year period 
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1 beginning on the effective date of the rel2 evant existing metropolitan transportation 

3 plan; and 

4 ‘‘(ii) all projects to be carried out dur5 ing the 4-year period beginning on the effec6 tive date of the relevant transportation im7 provement program. 

8 ‘‘(B) PROJECTED COSTS.—Each metropoli9 tan planning organization shall provide to each 

10 applicable State a description of the projected 

11 costs of implementing the projects included in 

12 the metropolitan transportation plan of the met13 ropolitan planning organization for purposes of 

14 metropolitan financial planning and fiscal con15 straint. 

16 ‘‘(2) NONMETROPOLITAN AREAS.—With respect 

17 to nonmetropolitan areas in a State, the statewide 

18 transportation plan and statewide transportation im19 provement program of the State shall be developed in 

20 consultation with affected nonmetropolitan local offi21 cials with responsibility for transportation, including 

22 providers of public transportation. 

23 ‘‘(3) INDIAN TRIBAL AREAS.—With respect to 

24 each area of a State under the jurisdiction of an In25 dian tribe, the statewide transportation plan and 
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1 statewide transportation improvement program of the 

2 State shall be developed in consultation with— 

3 ‘‘(A) the tribal government; and 

4 ‘‘(B) the Secretary of the Interior. 

5 ‘‘(4) FEDERAL LAND MANAGEMENT AGENCIES.— 

6 With respect to each area of a State under the juris7 diction of a Federal land management agency, the 

8 statewide transportation plan and statewide trans9 portation improvement program of the State shall be 

10 developed in consultation with the relevant Federal 

11 land management agency. 

12 ‘‘(5) CONSULTATION, COMPARISON, AND CONSID13 ERATION.— 

14 ‘‘(A) IN GENERAL.—A statewide transpor15 tation plan shall be developed, as appropriate, in 

16 consultation with Federal, State, tribal, and 

17 local agencies responsible for land use manage18 ment, natural resources, infrastructure permit19 ting, environmental protection, conservation, and 

20 historic preservation. 

21 ‘‘(B) COMPARISON AND CONSIDERATION.— 

22 Consultation under subparagraph (A) shall in23 volve the comparison of statewide transportation 

24 plans to, as available— 
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1 ‘‘(i) Federal, State, tribal, and local 

2 conservation plans or maps; and 

3 ‘‘(ii) inventories of natural or historic 

4 resources. 

5 ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 

6 ‘‘(1) DEVELOPMENT.— 

7 ‘‘(A) IN GENERAL.—Each State shall de8 velop a statewide transportation plan, the fore9 cast period of which shall be not less than 20 

10 years for all areas of the State, that provides for 

11 the development and implementation of the 

12 intermodal transportation system of the State. 

13 ‘‘(B) INITIAL PERIOD.—A statewide trans14 portation plan shall include, at a minimum, for 

15 the first 10-year period of the statewide trans16 portation plan, the identification of existing and 

17 future transportation facilities that will function 

18 as an integrated statewide transportation sys19 tem, giving emphasis to those facilities that serve 

20 important national, statewide, and regional 

21 transportation functions. 

22 ‘‘(C) SUBSEQUENT PERIOD.—For the second 

23 10-year period of the statewide transportation 

24 plan (referred to in this subsection as the ‘outer 
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1 years period’), a statewide transportation 

2 plan— 

3 ‘‘(i) may include identification of fu4 ture transportation facilities; and 

5 ‘‘(ii) shall describe the policies and 

6 strategies that provide for the development 

7 and implementation of the intermodal 

8 transportation system of the State. 

9 ‘‘(D) OTHER REQUIREMENTS.—A statewide 

10 transportation plan shall— 

11 ‘‘(i) include, for the 20-year period 

12 covered by the statewide transportation 

13 plan, a description of— 

14 ‘‘(I) the projected aggregate cost of 

15 projects anticipated by a State to be 

16 implemented; and 

17 ‘‘(II) the revenues necessary to 

18 support the projects; 

19 ‘‘(ii) include, in such form as the Sec20 retary determines to be appropriate, a de21 scription of— 

22 ‘‘(I) the existing transportation 

23 infrastructure, including an identifica24 tion of highways, local streets and 

25 roads, bicycle and pedestrian facilities, 
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1 public transportation facilities and 

2 services, commuter rail facilities and 

3 services, high-speed and intercity pas4 senger rail facilities and services, 

5 freight facilities (including freight rail6 road and port facilities), multimodal 

7 and intermodal facilities, and inter8 modal connectors that, evaluated in the 

9 aggregate, function as an integrated 

10 transportation system; 

11 ‘‘(II) the performance measures 

12 and performance targets used in assess13 ing the existing and future perform14 ance of the transportation system de15 scribed in subsection (d)(2); 

16 ‘‘(III) the current and projected 

17 future usage of the transportation sys18 tem, including, to the maximum extent 

19 practicable, an identification of exist20 ing or planned transportation rights21 of-way, corridors, facilities, and related 

22 real properties; 

23 ‘‘(IV) a system performance report 

24 evaluating the existing and future con25 dition and performance of the trans-
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1 portation system with respect to the 

2 performance targets described in sub3 section (d)(2) and updates to subse4 quent system performance reports, in5 cluding— 

6 ‘‘(aa) progress achieved by 

7 the State in meeting performance 

8 targets, as compared to system 

9 performance recorded in previous 

10 reports; and 

11 ‘‘(bb) an accounting of the 

12 performance by the State on out13 lay of obligated project funds and 

14 delivery of projects that have 

15 reached substantial completion, in 

16 relation to the projects currently 

17 on the statewide transportation 

18 improvement program and those 

19 projects that have been removed 

20 from the previous statewide trans21 portation improvement program; 

22 ‘‘(V) recommended strategies and 

23 investments for improving system per24 formance over the planning horizon, 

25 including transportation systems man-
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1 agement and operations strategies, 

2 maintenance strategies, demand man3 agement strategies, asset management 

4 strategies, capacity and enhancement 

5 investments, land use improvements, 

6 intelligent transportation systems de7 ployment and technology adoption 

8 strategies as determined by the pro9 jected support of performance targets 

10 described in subsection (d)(2); 

11 ‘‘(VI) recommended strategies and 

12 investments to improve and integrate 

13 disability-related access to transpor14 tation infrastructure; 

15 ‘‘(VII) investment priorities for 

16 using projected available and proposed 

17 revenues over the short- and long-term 

18 stages of the planning horizon, in ac19 cordance with the financial plan re20 quired under paragraph (2); 

21 ‘‘(VIII) a description of interstate 

22 compacts entered into in order to pro23 mote coordinated transportation plan24 ning in multistate areas, if applicable; 
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1 ‘‘(IX) an optional illustrative list 

2 of projects containing investments 

3 that— 

4 ‘‘(aa) are not included in the 

5 statewide transportation plan; but 

6 ‘‘(bb) would be so included if 

7 resources in addition to the re8 sources identified in the financial 

9 plan under paragraph (2) were 

10 available; 

11 ‘‘(X) a discussion (developed in 

12 consultation with Federal, State, and 

13 tribal wildlife, land management, and 

14 regulatory agencies) of types of poten15 tial environmental and stormwater 

16 mitigation activities and potential 

17 areas to carry out those activities, in18 cluding activities that may have the 

19 greatest potential to restore and main20 tain the environmental functions af21 fected by the statewide transportation 

22 plan; and 

23 ‘‘(XI) recommended strategies and 

24 investments, including those developed 

25 by the State as part of interstate com-
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1 pacts, agreements, or organizations, 

2 that support intercity transportation; 

3 and 

4 ‘‘(iii) be updated by the State not less 

5 frequently than once every 5 years. 

6 ‘‘(2) FINANCIAL PLAN.—A financial plan re7 ferred to in paragraph (1)(D)(ii)(VII) shall— 

8 ‘‘(A) be prepared by each State to support 

9 the statewide transportation plan; and 

10 ‘‘(B) contain a description of the following: 

11 ‘‘(i) Projected resource requirements 

12 during the 20-year planning horizon for 

13 implementing projects, strategies, and serv14 ices recommended in the statewide transpor15 tation plan, including existing and pro16 jected system operating and maintenance 

17 needs, proposed enhancement and expan18 sions to the system, projected available rev19 enue from Federal, State, local, and private 

20 sources, and innovative financing tech21 niques to finance projects and programs. 

22 ‘‘(ii) The projected difference between 

23 costs and revenues, and strategies for secur24 ing additional new revenue (such as by cap-
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1 ture of some of the economic value created 

2 by any new investment). 

3 ‘‘(iii) Estimates of future funds, to be 

4 developed cooperatively by the State, any 

5 public transportation agency, and relevant 

6 metropolitan planning organizations, that 

7 are reasonably expected to be available to 

8 support the investment priorities rec9 ommended in the statewide transportation 

10 plan. 

11 ‘‘(iv) Each applicable project, only if 

12 full funding can reasonably be anticipated 

13 to be available for the project within the 

14 time period contemplated for completion of 

15 the project. 

16 ‘‘(v) For the outer years period of the 

17 statewide transportation plan, a description 

18 of the aggregate cost ranges or bands, sub19 ject to the condition that any future fund20 ing source shall be reasonably expected to be 

21 available to support the projected cost 

22 ranges or bands. 

23 ‘‘(3) COORDINATION WITH CLEAN AIR ACT AGEN24 CIES.—For any nonmetropolitan area that is a non25 attainment area or maintenance area, the State shall 
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1 coordinate the development of the statewide transpor2 tation plan with the process for development of the 

3 transportation control measures of the State imple4 mentation plan required by the Clean Air Act (42 

5 U.S.C. 7401 et seq.). 

6 ‘‘(4) PUBLICATION.—A statewide transportation 

7 plan involving Federal and non-Federal participation 

8 programs, projects, and strategies shall be published 

9 or otherwise made readily available by the State for 

10 public review, including (to the maximum extent 

11 practicable) in electronically accessible formats and 

12 means, such as the Internet, in such manner as the 

13 Secretary shall require. 

14 ‘‘(5) SELECTION OF PROJECTS FROM ILLUS15 TRATIVE LIST.—Notwithstanding paragraph (2), a 

16 State shall not be required to select any project from 

17 the illustrative list of additional projects included in 

18 the statewide transportation plan under paragraph 

19 (1)(D)(ii)(IX). 

20 ‘‘(6) USE OF POLICY PLANS.—Notwithstanding 

21 any other provision of this section, a State that has 

22 in effect, as of the date of enactment of the Federal 

23 Public Transportation Act of 2012, a statewide trans24 portation plan that follows a policy plan approach— 
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1 ‘‘(A) may, for 4 years after the date of en2 actment of the Federal Public Transportation 

3 Act of 2012, continue to use a policy plan ap4 proach to the statewide transportation plan; and 

5 ‘‘(B) shall be subject to the requirements of 

6 this subsection only to the extent that such re7 quirements were applicable under this section (as 

8 in effect on the day before the date of enactment 

9 of the Federal Public Transportation Act of 

10 2012). 

11 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

12 PROGRAMS.— 

13 ‘‘(1) DEVELOPMENT.— 

14 ‘‘(A) IN GENERAL.—In consultation with 

15 nonmetropolitan officials with responsibility for 

16 transportation and affected public transpor17 tation operators, the State shall develop a state18 wide transportation improvement program for 

19 the State that— 

20 ‘‘(i) includes projects consistent with 

21 the statewide transportation plan; 

22 ‘‘(ii) reflects the investment priorities 

23 established in the statewide transportation 

24 plan; and 
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1 ‘‘(iii) once implemented, makes signifi2 cant progress toward achieving the perform3 ance targets described in subsection (d)(2). 

4 ‘‘(B) OPPORTUNITY FOR PARTICIPATION.— 

5 In developing a statewide transportation im6 provement program, the State, in cooperation 

7 with affected public transportation operators, 

8 shall provide an opportunity for participation 

9 by interested parties (including State representa10 tives of nonmotorized users) in the development 

11 of the statewide transportation improvement pro12 gram, in accordance with subsection (e). 

13 ‘‘(C) OTHER REQUIREMENTS.— 

14 ‘‘(i) IN GENERAL.—A statewide trans15 portation improvement program shall— 

16 ‘‘(I) cover a period of not less 

17 than 4 years; and 

18 ‘‘(II) be updated not less fre19 quently than once every 4 years, or 

20 more frequently, as the Governor deter21 mines to be appropriate. 

22 ‘‘(ii) INCORPORATION OF TIPS.—A 

23 statewide transportation improvement pro24 gram shall incorporate any relevant trans25 portation improvement program developed 
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1 by a metropolitan planning organization 

2 under section 5303, without change. 

3 ‘‘(iii) PROJECTS.—Each project in4 cluded in a statewide transportation im5 provement program shall be— 

6 ‘‘(I) consistent with the statewide 

7 transportation plan developed under 

8 this section for the State; 

9 ‘‘(II) identical to a project or 

10 phase of a project described in a rel11 evant transportation improvement pro12 gram; and 

13 ‘‘(III) for any project located in a 

14 nonattainment area or maintenance 

15 area, carried out in accordance with 

16 the applicable State air quality imple17 mentation plan developed under the 

18 Clean Air Act (42 U.S.C. 7401 et seq.). 

19 ‘‘(2) CONTENTS.— 

20 ‘‘(A) PRIORITY LIST.—A statewide trans21 portation improvement program shall include a 

22 priority list of proposed federally supported 

23 projects and strategies, to be carried out during 

24 the 4-year period beginning on the date of adop25 tion of the statewide transportation improvement 
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† HR 4348 EAS 

1 program, and during each 4-year period there2 after, using existing and reasonably available 

3 revenues in accordance with the financial plan 

4 under paragraph (3). 

5 ‘‘(B) DESCRIPTIONS.—Each project or 

6 phase of a project included in a statewide trans7 portation improvement program shall include 

8 sufficient descriptive material (such as type of 

9 work, termini, length, estimated completion date, 

10 and other similar factors) to identify— 

11 ‘‘(i) the project or project phase; and 

12 ‘‘(ii) the effect that the project or 

13 project phase will have in addressing the 

14 performance targets described in subsection 

15 (d)(2). 

16 ‘‘(C) PERFORMANCE TARGET ACHIEVE17 MENT.—A statewide transportation improvement 

18 program shall include, to the maximum extent 

19 practicable, a discussion of the anticipated effect 

20 of the statewide transportation improvement pro21 gram toward achieving the performance targets 

22 established in the statewide transportation plan, 

23 linking investment priorities to those perform24 ance targets. 
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1 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

2 An optional illustrative list of projects may be 

3 prepared containing additional investment pri4 orities that— 

5 ‘‘(i) are not included in the statewide 

6 transportation improvement program; but 

7 ‘‘(ii) would be so included if resources 

8 in addition to the resources identified in the 

9 financial plan under paragraph (3) were 

10 available. 

11 ‘‘(3) FINANCIAL PLAN.—A financial plan re12 ferred to in paragraph (2)(D)(ii) shall— 

13 ‘‘(A) be prepared by each State to support 

14 the statewide transportation improvement pro15 gram; and 

16 ‘‘(B) contain a description of the following: 

17 ‘‘(i) Projected resource requirements for 

18 implementing projects, strategies, and serv19 ices recommended in the statewide transpor20 tation improvement program, including ex21 isting and projected system operating and 

22 maintenance needs, proposed enhancement 

23 and expansions to the system, projected 

24 available revenue from Federal, State, local, 

25 and private sources, and innovative financ-
711 

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1 ing techniques to finance projects and pro2 grams. 

3 ‘‘(ii) The projected difference between 

4 costs and revenues, and strategies for secur5 ing additional new revenue (such as by cap6 ture of some of the economic value created 

7 by any new investment). 

8 ‘‘(iii) Estimates of future funds, to be 

9 developed cooperatively by the State and 

10 relevant metropolitan planning organiza11 tions and public transportation agencies, 

12 that are reasonably expected to be available 

13 to support the investment priorities rec14 ommended in the statewide transportation 

15 improvement program. 

16 ‘‘(iv) Each applicable project, only if 

17 full funding can reasonably be anticipated 

18 to be available for the project within the 

19 time period contemplated for completion of 

20 the project. 

21 ‘‘(4) INCLUDED PROJECTS.— 

22 ‘‘(A) PROJECTS UNDER THIS CHAPTER AND

23 TITLE 23.—A statewide transportation improve24 ment program developed under this subsection 

25 for a State shall include the projects within the 
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1 State that are proposed for funding under this 

2 chapter and chapter 1 of title 23. 

3 ‘‘(B) PROJECTS UNDER THIS CHAPTER AND

4 CHAPTER 2.— 

5 ‘‘(i) REGIONALLY SIGNIFICANT.—Each 

6 regionally significant project proposed for 

7 funding under this chapter and chapter 2 of 

8 title 23 shall be identified individually in 

9 the statewide transportation improvement 

10 program. 

11 ‘‘(ii) NONREGIONALLY SIGNIFICANT.— 

12 A description of each project proposed for 

13 funding under this chapter and chapter 2 of 

14 title 23 that is not determined to be region15 ally significant shall be contained in 1 line 

16 item or identified individually in the state17 wide transportation improvement program. 

18 ‘‘(5) PUBLICATION.— 

19 ‘‘(A) IN GENERAL.—A statewide transpor20 tation improvement program shall be published 

21 or otherwise made readily available by the State 

22 for public review in electronically accessible for23 mats and means, such as the Internet. 

24 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an25 nual list of projects, including investments in pe-
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1 destrian walkways, bicycle transportation facili2 ties, and intermodal facilities that support inter3 city transportation, for which Federal funds 

4 have been obligated during the preceding fiscal 

5 year shall be published or otherwise made avail6 able by the cooperative effort of the State, public 

7 transportation operator, and relevant metropoli8 tan planning organizations in electronically ac9 cessible formats and means, such as the Internet, 

10 in a manner that is consistent with the cat11 egories identified in the relevant statewide trans12 portation improvement program. 

13 ‘‘(6) PROJECT SELECTION FOR URBANIZED

14 AREAS WITH POPULATIONS OF FEWER THAN 200,000

15 NOT REPRESENTED BY DESIGNATED MPOS.—Projects 

16 carried out in urbanized areas with populations of 

17 fewer than 200,000 individuals, as calculated accord18 ing to the most recent decennial census, and that are 

19 not represented by designated metropolitan planning 

20 organizations, shall be selected from the approved 

21 statewide transportation improvement program (in22 cluding projects carried out under this chapter and 

23 projects carried out on the National Highway Sys24 tem) by the State, in cooperation with the affected 

25 nonmetropolitan planning organization, if any exists, 
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1 and in consultation with the affected nonmetropolitan 

2 area local officials with responsibility for transpor3 tation. 

4 ‘‘(7) APPROVAL BY SECRETARY.— 

5 ‘‘(A) IN GENERAL.—Not less frequently than 

6 once every 4 years, a statewide transportation 

7 improvement program developed under this sub8 section shall be reviewed and approved by the 

9 Secretary, based on the current planning finding 

10 of the Secretary under subparagraph (B). 

11 ‘‘(B) PLANNING FINDING.—The Secretary 

12 shall make a planning finding referred to in sub13 paragraph (A) not less frequently than once 

14 every 5 years regarding whether the transpor15 tation planning process through which statewide 

16 transportation plans and statewide transpor17 tation improvement programs are developed is 

18 consistent with this section and section 5303. 

19 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 

20 Notwithstanding any other provision of law, approval 

21 by the Secretary shall not be required to carry out a 

22 project included in an approved statewide transpor23 tation improvement program in place of another 

24 project in the statewide transportation improvement 

25 program. 
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1 ‘‘(h) CERTIFICATION.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall— 

3 ‘‘(A) ensure that the statewide transpor4 tation planning process of a State is being car5 ried out in accordance with this section and ap6 plicable Federal law (including rules and regula7 tions); and 

8 ‘‘(B) subject to paragraph (2), certify, not 

9 later than 180 days after the date of enactment 

10 of the Federal Public Transportation Act of 2012 

11 and not less frequently than once every 5 years 

12 thereafter, that the requirements of subparagraph 

13 (A) are met with respect to the statewide trans14 portation planning process. 

15 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.—The 

16 Secretary may make a certification under paragraph 

17 (1)(B) if— 

18 ‘‘(A) the statewide transportation planning 

19 process complies with the requirements of this 

20 section and other applicable Federal law; and 

21 ‘‘(B) a statewide transportation improve22 ment program for the State has been approved 

23 by the Governor of the State. 

24 ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 
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1 ‘‘(A) WITHHOLDING OF PROJECT FUNDS.— 

2 If a statewide transportation planning process of 

3 a State is not certified under paragraph (1), the 

4 Secretary may withhold up to 20 percent of the 

5 funds attributable to the State for projects fund6 ed under this chapter and title 23. 

7 ‘‘(B) RESTORATION OF WITHHELD

8 FUNDS.—Any funds withheld under subpara9 graph (A) shall be restored to the State on the 

10 date of certification of the statewide transpor11 tation planning process by the Secretary. 

12 ‘‘(4) PUBLIC INVOLVEMENT.—In making a deter13 mination regarding certification under this sub14 section, the Secretary shall provide for public involve15 ment appropriate to the State under review. 

16 ‘‘(i) PERFORMANCE-BASED PLANNING PROCESSES

17 EVALUATION.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall establish 

19 criteria to evaluate the effectiveness of the perform20 ance-based planning processes of States, taking into 

21 consideration the following: 

22 ‘‘(A) The extent to which the State has 

23 achieved, or is currently making substantial 

24 progress toward achieving, the performance tar25 gets described in subsection (d)(2), taking into 
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† HR 4348 EAS 

1 account whether the State developed meaningful 

2 performance targets. 

3 ‘‘(B) The extent to which the State has used 

4 proven best practices that help ensure transpor5 tation investment that is efficient and cost-effec6 tive. 

7 ‘‘(C) The extent to which the State— 

8 ‘‘(i) has developed an investment proc9 ess that relies on public input and aware10 ness to ensure that investments are trans11 parent and accountable; and 

12 ‘‘(ii) provides regular reports allowing 

13 the public to access the information being 

14 collected in a format that allows the public 

15 to meaningfully assess the performance of 

16 the State. 

17 ‘‘(2) REPORT.— 

18 ‘‘(A) IN GENERAL.—Not later than 5 years 

19 after the date of enactment of the Federal Public 

20 Transportation Act of 2012, the Secretary shall 

21 submit to Congress a report evaluating— 

22 ‘‘(i) the overall effectiveness of perform23 ance-based planning as a tool for guiding 

24 transportation investments; and 
718 

† HR 4348 EAS 

1 ‘‘(ii) the effectiveness of the perform2 ance-based planning process of each State. 

3 ‘‘(B) PUBLICATION.—The report under sub4 paragraph (A) shall be published or otherwise 

5 made available in electronically accessible for6 mats and means, including on the Internet. 

7 ‘‘(j) FUNDING.—Funds apportioned under section 

8 104(b)(6) of title 23 and set aside under section 5305(g) 

9 shall be available to carry out this section. 

10 ‘‘(k) CONTINUATION OF CURRENT REVIEW PRAC11 TICE.— 

12 ‘‘(1) IN GENERAL.—In consideration of the fac13 tors described in paragraph (2), any decision by the 

14 Secretary concerning a statewide transportation plan 

15 or statewide transportation improvement program 

16 shall not be considered to be a Federal action subject 

17 to review under the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4321 et seq.). 

19 ‘‘(2) DESCRIPTION OF FACTORS.—The factors re20 ferred to in paragraph (1) are that— 

21 ‘‘(A) statewide transportation plans and 

22 statewide transportation improvement programs 

23 are subject to a reasonable opportunity for public 

24 comment; 
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† HR 4348 EAS 

1 ‘‘(B) the projects included in statewide 

2 transportation plans and statewide transpor3 tation improvement programs are subject to re4 view under the National Environmental Policy 

5 Act of 1969 (42 U.S.C. 4321 et seq.); and 

6 ‘‘(C) decisions by the Secretary concerning 

7 statewide transportation plans and statewide 

8 transportation improvement programs have not 

9 been reviewed under the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4321 et seq.) as 

11 of January 1, 1997. 

12 ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Sec13 retary shall issue guidance on a schedule for implementa14 tion of the changes made by this section, taking into consid15 eration the established planning update cycle for States. 

16 The Secretary shall not require a State to deviate from its 

17 established planning update cycle to implement changes 

18 made by this section. States shall reflect changes made to 

19 their transportation plan or transportation improvement 

20 program updates not later than 2 years after the date of 

21 issuance of guidance by the Secretary under this sub22 section.’’. 
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† HR 4348 EAS 

1 SEC. 20007. PUBLIC TRANSPORTATION EMERGENCY RELIEF 

2 PROGRAM. 

3 (a) IN GENERAL.—Section 5306 of title 49, United 

4 States Code, is amended to read as follows: 

5 ‘‘§ 5306. Public transportation emergency relief pro6 gram 

7 ‘‘(a) DEFINITION.—In this section the following defini8 tions shall apply: 

9 ‘‘(1) ELIGIBLE OPERATING COSTS.—The term ‘el10 igible operating costs’ means costs relating to— 

11 ‘‘(A) evacuation services; 

12 ‘‘(B) rescue operations; 

13 ‘‘(C) temporary public transportation serv14 ice; or 

15 ‘‘(D) reestablishing, expanding, or relo16 cating public transportation route service before, 

17 during, or after an emergency. 

18 ‘‘(2) EMERGENCY.—The term ‘emergency’ means 

19 a natural disaster affecting a wide area (such as a 

20 flood, hurricane, tidal wave, earthquake, severe storm, 

21 or landslide) or a catastrophic failure from any exter22 nal cause, as a result of which— 

23 ‘‘(A) the Governor of a State has declared 

24 an emergency and the Secretary has concurred; 

25 or 
721 

† HR 4348 EAS 

1 ‘‘(B) the President has declared a major 

2 disaster under section 401 of the Robert T. Staf3 ford Disaster Relief and Emergency Assistance 

4 Act (42 U.S.C. 5170). 

5 ‘‘(b) GENERAL AUTHORITY.—The Secretary may make 

6 grants and enter into contracts and other agreements (in7 cluding agreements with departments, agencies, and instru8 mentalities of the Government) for— 

9 ‘‘(1) capital projects to protect, repair, recon10 struct, or replace equipment and facilities of a public 

11 transportation system operating in the United States 

12 or on an Indian reservation that the Secretary deter13 mines is in danger of suffering serious damage, or has 

14 suffered serious damage, as a result of an emergency; 

15 and 

16 ‘‘(2) eligible operating costs of public transpor17 tation equipment and facilities in an area directly af18 fected by an emergency during— 

19 ‘‘(A) the 1-year period beginning on the 

20 date of a declaration described in subsection 

21 (a)(2); or 

22 ‘‘(B) if the Secretary determines there is a 

23 compelling need, the 2-year period beginning on 

24 the date of a declaration described in subsection 

25 (a)(2). 
722 

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1 ‘‘(c) COORDINATION OF EMERGENCY FUNDS.— 

2 ‘‘(1) USE OF FUNDS.—Funds appropriated to 

3 carry out this section shall be in addition to any 

4 other funds available under this chapter. 

5 ‘‘(2) NO EFFECT ON OTHER GOVERNMENT ACTIV6 ITY.—The provision of funds under this section shall 

7 not affect the ability of any other agency of the Gov8 ernment, including the Federal Emergency Manage9 ment Agency, or a State agency, a local governmental 

10 entity, organization, or person, to provide any other 

11 funds otherwise authorized by law. 

12 ‘‘(3) NOTIFICATION.—The Secretary shall notify 

13 the Secretary of Homeland Security of the purpose 

14 and amount of any grant made or contract or other 

15 agreement entered into under this section. 

16 ‘‘(d) GRANT REQUIREMENTS.—A grant awarded 

17 under this section or under section 5307 or 5311 that is 

18 made to address an emergency defined under subsection 

19 (a)(2) shall be— 

20 ‘‘(1) subject to the terms and conditions the Sec21 retary determines are necessary; and 

22 ‘‘(2) made only for expenses that are not reim23 bursed under the Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act (42 U.S.C. 5121 et 

25 seq.). 
723 

† HR 4348 EAS 

1 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

2 ‘‘(1) CAPITAL PROJECTS AND OPERATING ASSIST3 ANCE.—A grant, contract, or other agreement for a 

4 capital project or eligible operating costs under this 

5 section shall be, at the option of the recipient, for not 

6 more than 80 percent of the net project cost, as deter7 mined by the Secretary. 

8 ‘‘(2) NON-FEDERAL SHARE.—The remainder of 

9 the net project cost may be provided from an undis10 tributed cash surplus, a replacement or depreciation 

11 cash fund or reserve, or new capital. 

12 ‘‘(3) WAIVER.—The Secretary may waive, in 

13 whole or part, the non-Federal share required 

14 under— 

15 ‘‘(A) paragraph (2); or 

16 ‘‘(B) section 5307 or 5311, in the case of a 

17 grant made available under section 5307 or 

18 5311, respectively, to address an emergency.’’. 

19 (b) MEMORANDUM OF AGREEMENT.— 

20 (1) PURPOSES.—The purposes of this subsection 

21 are— 

22 (A) to improve coordination between the De23 partment of Transportation and the Department 

24 of Homeland Security; and 
724 

† HR 4348 EAS 

1 (B) to expedite the provision of Federal as2 sistance for public transportation systems for ac3 tivities relating to a major disaster or emergency 

4 declared by the President under the Robert T. 

5 Stafford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5121 et seq.) (referred to in 

7 this subsection as a ‘‘major disaster or emer8 gency’’). 

9 (2) AGREEMENT.—Not later than 180 days after 

10 the date of enactment of this Act, the Secretary of 

11 Transportation and the Secretary of Homeland Secu12 rity shall enter into a memorandum of agreement to 

13 coordinate the roles and responsibilities of the Depart14 ment of Transportation and the Department of 

15 Homeland Security in providing assistance for public 

16 transportation, including the provision of public 

17 transportation services and the repair and restoration 

18 of public transportation systems in areas for which 

19 the President has declared a major disaster or emer20 gency. 

21 (3) CONTENTS OF AGREEMENT.—The memo22 randum of agreement required under paragraph (2) 

23 shall— 

24 (A) provide for improved coordination and 

25 expeditious use of public transportation, as ap-
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† HR 4348 EAS 

1 propriate, in response to and recovery from a 

2 major disaster or emergency; 

3 (B) establish procedures to address— 

4 (i) issues that have contributed to 

5 delays in the reimbursement of eligible 

6 transportation-related expenses relating to a 

7 major disaster or emergency; 

8 (ii) any challenges identified in the re9 view under paragraph (4); and 

10 (iii) the coordination of assistance for 

11 public transportation provided under the 

12 Robert T. Stafford Disaster Relief and 

13 Emergency Assistance Act and section 5306 

14 of title 49, United States Code, as amended 

15 by this Act, as appropriate; and 

16 (C) provide for the development and dis17 tribution of clear guidelines for State, local, and 

18 tribal governments, including public transpor19 tation systems, relating to— 

20 (i) assistance available for public 

21 transportation systems for activities relat22 ing to a major disaster or emergency— 

23 (I) under the Robert T. Stafford 

24 Disaster Relief and Emergency Assist25 ance Act; 
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† HR 4348 EAS 

1 (II) under section 5306 of title 49, 

2 United States Code, as amended by 

3 this Act; and 

4 (III) from other sources, including 

5 other Federal agencies; and 

6 (ii) reimbursement procedures that 

7 speed the process of— 

8 (I) applying for assistance under 

9 the Robert T. Stafford Disaster Relief 

10 and Emergency Assistance Act and sec11 tion 5306 of title 49, United States 

12 Code, as amended by this Act; and 

13 (II) distributing assistance for 

14 public transportation systems under 

15 the Robert T. Stafford Disaster Relief 

16 and Emergency Assistance Act and sec17 tion 5306 of title 49, United States 

18 Code, as amended by this Act. 

19 (4) AFTER ACTION REVIEW.—Before entering 

20 into a memorandum of agreement under paragraph 

21 (2), the Secretary of Transportation and the Sec22 retary of Homeland Security (acting through the Ad23 ministrator of the Federal Emergency Management 

24 Agency), in consultation with State, local, and tribal 

25 governments (including public transportation sys-
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† HR 4348 EAS 

1 tems) that have experienced a major disaster or emer2 gency, shall review after action reports relating to 

3 major disasters, emergencies, and exercises, to identify 

4 areas where coordination between the Department of 

5 Transportation and the Department of Homeland Se6 curity and the provision of public transportation 

7 services should be improved. 

8 (5) FACTORS FOR DECLARATIONS OF MAJOR DIS9 ASTERS AND EMERGENCIES.—The Administrator of 

10 the Federal Emergency Management Agency shall 

11 make available to State, local, and tribal govern12 ments, including public transportation systems, a de13 scription of the factors that the President considers in 

14 declaring a major disaster or emergency, including 

15 any pre-disaster emergency declaration policies. 

16 (6) BRIEFINGS.— 

17 (A) INITIAL BRIEFING.—Not later than 180 

18 days after the date of enactment of this Act, the 

19 Secretary of Transportation and the Secretary of 

20 Homeland Security shall jointly brief the Com21 mittee on Banking, Housing, and Urban Affairs 

22 and the Committee on Homeland Security and 

23 Governmental Affairs of the Senate on the memo24 randum of agreement required under paragraph 

25 (2). 
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1 (B) QUARTERLY BRIEFINGS.—Each quarter 

2 of the 1-year period beginning on the date on 

3 which the Secretary of Transportation and the 

4 Secretary of Homeland Security enter into the 

5 memorandum of agreement required under para6 graph (2), the Secretary of Transportation and 

7 the Secretary of Homeland Security shall jointly 

8 brief the Committee on Banking, Housing, and 

9 Urban Affairs and the Committee on Homeland 

10 Security and Governmental Affairs of the Senate 

11 on the implementation of the memorandum of 

12 agreement. 

13 SEC. 20008. URBANIZED AREA FORMULA GRANTS. 

14 Section 5307 of title 49, United States Code, is amend15 ed to read as follows: 

16 ‘‘§ 5307. Urbanized area formula grants 

17 ‘‘(a) GENERAL AUTHORITY.— 

18 ‘‘(1) GRANTS.—The Secretary may make grants 

19 under this section for— 

20 ‘‘(A) capital projects; 

21 ‘‘(B) planning; and 

22 ‘‘(C) operating costs of equipment and fa23 cilities for use in public transportation in an ur24 banized area with a population of fewer than 
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1 200,000 individuals, as determined by the Bu2 reau of the Census. 

3 ‘‘(2) SPECIAL RULE.—The Secretary may make 

4 grants under this section to finance the operating cost 

5 of equipment and facilities for use in public transpor6 tation, excluding rail fixed guideway, in an urban7 ized area with a population of not fewer than 200,000 

8 individuals, as determined by the Bureau of the Cen9 sus— 

10 ‘‘(A) for public transportation systems that 

11 operate 75 or fewer buses during peak service 

12 hours, in an amount not to exceed 75 percent of 

13 the share of the apportionment which is attrib14 utable to such systems within the urbanized area, 

15 as measured by vehicle revenue hours; and 

16 ‘‘(B) for public transportation systems that 

17 operate a minimum of 76 buses and a maximum 

18 of 100 buses during peak service hours, in an 

19 amount not to exceed 50 percent of the share of 

20 the apportionment which is attributable to such 

21 systems within the urbanized area, as measured 

22 by vehicle revenue hours. 

23 ‘‘(3) TEMPORARY AND TARGETED ASSISTANCE.— 

24 ‘‘(A) ELIGIBILITY.—The Secretary may 

25 make a grant under this section to finance the 
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1 operating cost of equipment and facilities to a 

2 recipient for use in public transportation in an 

3 area that the Secretary determines has— 

4 ‘‘(i) a population of not fewer than 

5 200,000 individuals, as determined by the 

6 Bureau of the Census; and 

7 ‘‘(ii) a 3-month unemployment rate, as 

8 reported by the Bureau of Labor Statistics, 

9 that is— 

10 ‘‘(I) greater than 7 percent; and 

11 ‘‘(II) at least 2 percentage points 

12 greater than the lowest 3-month unem13 ployment rate for the area during the 

14 5-year period preceding the date of the 

15 determination. 

16 ‘‘(B) AWARD OF GRANT.— 

17 ‘‘(i) IN GENERAL.—Except as otherwise 

18 provided in this subparagraph, the Sec19 retary may make a grant under this section 

20 for not more than 2 consecutive fiscal years. 

21 ‘‘(ii) ADDITIONAL YEAR.—If, at the 

22 end of the second fiscal year following the 

23 date on which the Secretary makes a deter24 mination under subparagraph (A) with re25 spect to an area, the Secretary determines 
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1 that the 3-month unemployment rate for the 

2 area is at least 2 percentage points greater 

3 than the unemployment rate for the area at 

4 the time the Secretary made the determina5 tion under subparagraph (A), the Secretary 

6 may make a grant to a recipient in the 

7 area for 1 additional consecutive fiscal 

8 year. 

9 ‘‘(iii) EXCLUSION PERIOD.—Beginning 

10 on the last day of the last consecutive fiscal 

11 year for which a recipient receives a grant 

12 under this paragraph, the Secretary may 

13 not make a subsequent grant under this 

14 paragraph to the recipient for a number of 

15 fiscal years equal to the number of consecu16 tive fiscal years in which the recipient re17 ceived a grant under this paragraph. 

18 ‘‘(C) LIMITATION.— 

19 ‘‘(i) FIRST FISCAL YEAR.—For the first 

20 fiscal year following the date on which the 

21 Secretary makes a determination under 

22 subparagraph (A) with respect to an area, 

23 not more than 25 percent of the amount ap24 portioned to a designated recipient under 

25 section 5336 for the fiscal year shall be 
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1 available for operating assistance for the 

2 area. 

3 ‘‘(ii) SECOND AND THIRD FISCAL

4 YEARS.—For the second and third fiscal 

5 years following the date on which the Sec6 retary makes a determination under sub7 paragraph (A) with respect to an area, not 

8 more than 20 percent of the amount appor9 tioned to a designated recipient under sec10 tion 5336 for the fiscal year shall be avail11 able for operating assistance for the area. 

12 ‘‘(D) PERIOD OF AVAILABILITY FOR OPER13 ATING ASSISTANCE.—Operating assistance 

14 awarded under this paragraph shall be available 

15 for expenditure to a recipient in an area until 

16 the end of the second fiscal year following the 

17 date on which the Secretary makes a determina18 tion under subparagraph (A) with respect to the 

19 area, after which time any unexpended funds 

20 shall be available to the recipient for other eligi21 ble activities under this section. 

22 ‘‘(E) CERTIFICATION.—The Secretary may 

23 make a grant for operating assistance under this 

24 paragraph for a fiscal year only if the recipient 

25 certifies that— 
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1 ‘‘(i) the recipient will maintain public 

2 transportation service levels at or above the 

3 current service level, which shall be dem4 onstrated by providing an equal or greater 

5 number of vehicle hours of service in the fis6 cal year than the number of vehicle hours of 

7 service provided in the preceding fiscal 

8 year; 

9 ‘‘(ii) any non-Federal entity that pro10 vides funding to the recipient, including a 

11 State or local governmental entity, will 

12 maintain the tax rate or rate of allocations 

13 dedicated to public transportation at or 

14 above the rate for the preceding fiscal year; 

15 ‘‘(iii) the recipient has allocated the 

16 maximum amount of funding under this 

17 section for preventive maintenance costs eli18 gible as a capital expense necessary to 

19 maintain the level and quality of service 

20 provided in the preceding fiscal year; and 

21 ‘‘(iv) the recipient will not use funding 

22 under this section for new capital assets ex23 cept as necessary for the existing system to 

24 maintain or achieve a state of good repair, 

25 assure safety, or replace obsolete technology. 
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1 ‘‘(b) ACCESS TO JOBS PROJECTS.— 

2 ‘‘(1) IN GENERAL.—A designated recipient shall 

3 expend not less than 3 percent of the amount appor4 tioned to the designated recipient under section 5336 

5 or an amount equal to the amount apportioned to the 

6 designated recipient in fiscal year 2011 to carry out 

7 section 5316 (as in effect for fiscal year 2011), which8 ever is less, to carry out a program to develop and 

9 maintain job access projects. Eligible projects may in10 clude— 

11 ‘‘(A) a project relating to the development 

12 and maintenance of public transportation serv13 ices designed to transport eligible low-income in14 dividuals to and from jobs and activities related 

15 to their employment, including— 

16 ‘‘(i) a public transportation project to 

17 finance planning, capital, and operating 

18 costs of providing access to jobs under this 

19 chapter; 

20 ‘‘(ii) promoting public transportation 

21 by low-income workers, including the use of 

22 public transportation by workers with non23 traditional work schedules; 

24 ‘‘(iii) promoting the use of public 

25 transportation vouchers for welfare recipi-
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1 ents and eligible low-income individuals; 

2 and 

3 ‘‘(iv) promoting the use of employer4 provided transportation, including the tran5 sit pass benefit program under section 132 

6 of the Internal Revenue Code of 1986; and 

7 ‘‘(B) a transportation project designed to 

8 support the use of public transportation includ9 ing— 

10 ‘‘(i) enhancements to existing public 

11 transportation service for workers with non12 traditional hours or reverse commutes; 

13 ‘‘(ii) guaranteed ride home programs; 

14 ‘‘(iii) bicycle storage facilities; and 

15 ‘‘(iv) projects that otherwise facilitate 

16 the provision of public transportation serv17 ices to employment opportunities. 

18 ‘‘(2) PROJECT SELECTION AND PLAN DEVELOP19 MENT.—Each grant recipient under this subsection 

20 shall certify that— 

21 ‘‘(A) the projects selected were included in a 

22 locally developed, coordinated public transit23 human services transportation plan; 

24 ‘‘(B) the plan was developed and approved 

25 through a process that included individuals with 
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1 low incomes, representatives of public, private, 

2 and nonprofit transportation and human serv3 ices providers, and participation by the public; 

4 ‘‘(C) services funded under this subsection 

5 are coordinated with transportation services 

6 funded by other Federal departments and agen7 cies to the maximum extent feasible; and 

8 ‘‘(D) allocations of the grant to subrecipi9 ents, if any, are distributed on a fair and equi10 table basis. 

11 ‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO

12 SUBRECIPIENTS.— 

13 ‘‘(A) AREAWIDE SOLICITATIONS.—A recipi14 ent of funds apportioned under this subsection 

15 may conduct, in cooperation with the appro16 priate metropolitan planning organization, an 

17 areawide solicitation for applications for grants 

18 to the recipient and subrecipients under this sub19 section. 

20 ‘‘(B) APPLICATION.—If the recipient elects 

21 to engage in a competitive process, recipients 

22 and subrecipients seeking to receive a grant from 

23 apportioned funds shall submit to the recipient 

24 an application in the form and in accordance 
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1 with such requirements as the recipient shall es2 tablish. 

3 ‘‘(c) PROGRAM OF PROJECTS.—Each recipient of a 

4 grant shall— 

5 ‘‘(1) make available to the public information on 

6 amounts available to the recipient under this section; 

7 ‘‘(2) develop, in consultation with interested par8 ties, including private transportation providers, a 

9 proposed program of projects for activities to be fi10 nanced; 

11 ‘‘(3) publish a proposed program of projects in 

12 a way that affected individuals, private transpor13 tation providers, and local elected officials have the 

14 opportunity to examine the proposed program and 

15 submit comments on the proposed program and the 

16 performance of the recipient; 

17 ‘‘(4) provide an opportunity for a public hearing 

18 in which to obtain the views of individuals on the 

19 proposed program of projects; 

20 ‘‘(5) ensure that the proposed program of projects 

21 provides for the coordination of public transportation 

22 services assisted under section 5336 of this title with 

23 transportation services assisted from other United 

24 States Government sources; 
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† HR 4348 EAS 

1 ‘‘(6) consider comments and views received, espe2 cially those of private transportation providers, in 

3 preparing the final program of projects; and 

4 ‘‘(7) make the final program of projects available 

5 to the public. 

6 ‘‘(d) GRANT RECIPIENT REQUIREMENTS.—A recipient 

7 may receive a grant in a fiscal year only if— 

8 ‘‘(1) the recipient, within the time the Secretary 

9 prescribes, submits a final program of projects pre10 pared under subsection (c) of this section and a cer11 tification for that fiscal year that the recipient (in12 cluding a person receiving amounts from a Governor 

13 under this section)— 

14 ‘‘(A) has or will have the legal, financial, 

15 and technical capacity to carry out the program, 

16 including safety and security aspects of the pro17 gram; 

18 ‘‘(B) has or will have satisfactory con19 tinuing control over the use of equipment and fa20 cilities; 

21 ‘‘(C) will maintain equipment and facili22 ties; 

23 ‘‘(D) will ensure that, during non-peak 

24 hours for transportation using or involving a fa25 cility or equipment of a project financed under 
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1 this section, a fare that is not more than 50 per2 cent of the peak hour fare will be charged for 

3 any— 

4 ‘‘(i) senior; 

5 ‘‘(ii) individual who, because of illness, 

6 injury, age, congenital malfunction, or other 

7 incapacity or temporary or permanent dis8 ability (including an individual who is a 

9 wheelchair user or has semiambulatory ca10 pability), cannot use a public transpor11 tation service or a public transportation fa12 cility effectively without special facilities, 

13 planning, or design; and 

14 ‘‘(iii) individual presenting a Medicare 

15 card issued to that individual under title II 

16 or XVIII of the Social Security Act (42 

17 U.S.C. 401 et seq. and 1395 et seq.); 

18 ‘‘(E) in carrying out a procurement under 

19 this section, will comply with sections 5323 and 

20 5325; 

21 ‘‘(F) has complied with subsection (c) of 

22 this section; 

23 ‘‘(G) has available and will provide the re24 quired amounts as provided by subsection (e) of 

25 this section; 
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1 ‘‘(H) will comply with sections 5303 and 

2 5304; 

3 ‘‘(I) has a locally developed process to so4 licit and consider public comment before raising 

5 a fare or carrying out a major reduction of 

6 transportation; 

7 ‘‘(J)(i) will expend for each fiscal year for 

8 public transportation security projects, including 

9 increased lighting in or adjacent to a public 

10 transportation system (including bus stops, sub11 way stations, parking lots, and garages), in12 creased camera surveillance of an area in or ad13 jacent to that system, providing an emergency 

14 telephone line to contact law enforcement or se15 curity personnel in an area in or adjacent to 

16 that system, and any other project intended to 

17 increase the security and safety of an existing or 

18 planned public transportation system, at least 1 

19 percent of the amount the recipient receives for 

20 each fiscal year under section 5336 of this title; 

21 or 

22 ‘‘(ii) has decided that the expenditure for se23 curity projects is not necessary; 

24 ‘‘(K) in the case of a recipient for an ur25 banized area with a population of not fewer than 
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1 200,000 individuals, as determined by the Bu2 reau of the Census— 

3 ‘‘(i) will expend not less than 1 percent 

4 of the amount the recipient receives each fis5 cal year under this section for associated 

6 transit improvements, as defined in section 

7 5302; and 

8 ‘‘(ii) will submit an annual report list9 ing projects carried out in the preceding fis10 cal year with those funds; and 

11 ‘‘(L) will comply with section 5329(d); and 

12 ‘‘(2) the Secretary accepts the certification. 

13 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

14 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

15 project under this section shall be for 80 percent of the 

16 net project cost of the project. The recipient may pro17 vide additional local matching amounts. 

18 ‘‘(2) OPERATING EXPENSES.—A grant for oper19 ating expenses under this section may not exceed 50 

20 percent of the net project cost of the project. 

21 ‘‘(3) REMAINING COSTS.—Subject to paragraph 

22 (4), the remainder of the net project costs shall be pro23 vided— 
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1 ‘‘(A) in cash from non-Government sources 

2 other than revenues from providing public trans3 portation services; 

4 ‘‘(B) from revenues from the sale of adver5 tising and concessions; 

6 ‘‘(C) from an undistributed cash surplus, a 

7 replacement or depreciation cash fund or reserve, 

8 or new capital; 

9 ‘‘(D) from amounts appropriated or other10 wise made available to a department or agency 

11 of the Government (other than the Department of 

12 Transportation) that are eligible to be expended 

13 for transportation; and 

14 ‘‘(E) from amounts received under a service 

15 agreement with a State or local social service 

16 agency or private social service organization. 

17 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of 

18 subparagraphs (D) and (E) of paragraph (3), the 

19 prohibitions on the use of funds for matching require20 ments under section 403(a)(5)(C)(vii) of the Social 

21 Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not 

22 apply to Federal or State funds to be used for trans23 portation purposes. 

24 ‘‘(f) UNDERTAKING PROJECTS IN ADVANCE.— 
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1 ‘‘(1) PAYMENT.—The Secretary may pay the 

2 Government share of the net project cost to a State or 

3 local governmental authority that carries out any 

4 part of a project eligible under subparagraph (A) or 

5 (B) of subsection (a)(1) without the aid of amounts 

6 of the Government and according to all applicable 

7 procedures and requirements if— 

8 ‘‘(A) the recipient applies for the payment; 

9 ‘‘(B) the Secretary approves the payment; 

10 and 

11 ‘‘(C) before carrying out any part of the 

12 project, the Secretary approves the plans and 

13 specifications for the part in the same way as for 

14 other projects under this section. 

15 ‘‘(2) APPROVAL OF APPLICATION.—The Secretary 

16 may approve an application under paragraph (1) of 

17 this subsection only if an authorization for this sec18 tion is in effect for the fiscal year to which the appli19 cation applies. The Secretary may not approve an 

20 application if the payment will be more than— 

21 ‘‘(A) the recipient’s expected apportionment 

22 under section 5336 of this title if the total 

23 amount authorized to be appropriated for the fis24 cal year to carry out this section is appro25 priated; less 
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† HR 4348 EAS 

1 ‘‘(B) the maximum amount of the appor2 tionment that may be made available for projects 

3 for operating expenses under this section. 

4 ‘‘(3) FINANCING COSTS.— 

5 ‘‘(A) IN GENERAL.—The cost of carrying 

6 out part of a project includes the amount of in7 terest earned and payable on bonds issued by the 

8 recipient to the extent proceeds of the bonds are 

9 expended in carrying out the part. 

10 ‘‘(B) LIMITATION ON THE AMOUNT OF IN11 TEREST.—The amount of interest allowed under 

12 this paragraph may not be more than the most 

13 favorable financing terms reasonably available 

14 for the project at the time of borrowing. 

15 ‘‘(C) CERTIFICATION.—The applicant shall 

16 certify, in a manner satisfactory to the Sec17 retary, that the applicant has shown reasonable 

18 diligence in seeking the most favorable financing 

19 terms. 

20 ‘‘(g) REVIEWS, AUDITS, AND EVALUATIONS.— 

21 ‘‘(1) ANNUAL REVIEW.— 

22 ‘‘(A) IN GENERAL.—At least annually, the 

23 Secretary shall carry out, or require a recipient 

24 to have carried out independently, reviews and 
745 

† HR 4348 EAS 

1 audits the Secretary considers appropriate to es2 tablish whether the recipient has carried out— 

3 ‘‘(i) the activities proposed under sub4 section (d) of this section in a timely and 

5 effective way and can continue to do so; and 

6 ‘‘(ii) those activities and its certifi7 cations and has used amounts of the Gov8 ernment in the way required by law. 

9 ‘‘(B) AUDITING PROCEDURES.—An audit of 

10 the use of amounts of the Government shall com11 ply with the auditing procedures of the Comp12 troller General. 

13 ‘‘(2) TRIENNIAL REVIEW.—At least once every 3 

14 years, the Secretary shall review and evaluate com15 pletely the performance of a recipient in carrying out 

16 the recipient’s program, specifically referring to com17 pliance with statutory and administrative require18 ments and the extent to which actual program activi19 ties are consistent with the activities proposed under 

20 subsection (d) of this section and the planning process 

21 required under sections 5303, 5304, and 5305 of this 

22 title. To the extent practicable, the Secretary shall co23 ordinate such reviews with any related State or local 

24 reviews. 
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† HR 4348 EAS 

1 ‘‘(3) ACTIONS RESULTING FROM REVIEW, AUDIT, 

2 OR EVALUATION.—The Secretary may take appro3 priate action consistent with a review, audit, and 

4 evaluation under this subsection, including making 

5 an appropriate adjustment in the amount of a grant 

6 or withdrawing the grant. 

7 ‘‘(h) TREATMENT.—For purposes of this section, the 

8 United States Virgin Islands shall be treated as an urban9 ized area, as defined in section 5302. 

10 ‘‘(i) PASSENGER FERRY GRANT PROGRAM.— 

11 ‘‘(1) IN GENERAL.—The Secretary may make 

12 grants under this subsection to recipients for pas13 senger ferry projects that are eligible for a grant 

14 under subsection (a). 

15 ‘‘(2) GRANT REQUIREMENTS.—Except as other16 wise provided in this subsection, a grant under this 

17 subsection shall be subject to the same terms and con18 ditions as a grant under subsection (a). 

19 ‘‘(3) COMPETITIVE PROCESS.—The Secretary 

20 shall solicit grant applications and make grants for 

21 eligible projects on a competitive basis. 

22 ‘‘(4) GEOGRAPHICALLY CONSTRAINED AREAS.— 

23 Of the amounts made available to carry out this sub24 section, $10,000,000 shall be for capital grants relat25 ing to passenger ferries in areas with limited or no 
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† HR 4348 EAS 

1 access to public transportation as a result of geo2 graphical constraints.’’. 

3 SEC. 20009. CLEAN FUEL GRANT PROGRAM. 

4 Section 5308 of title 49, United States Code, is amend5 ed to read as follows: 

6 ‘‘§ 5308. Clean fuel grant program 

7 ‘‘(a) DEFINITIONS.—In this section, the following defi8 nitions shall apply: 

9 ‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel 

10 bus’ means a bus that is a clean fuel vehicle. 

11 ‘‘(2) CLEAN FUEL VEHICLE.—The term ‘clean 

12 fuel vehicle’ means— 

13 ‘‘(A) a passenger vehicle used to provide 

14 public transportation that the Administrator of 

15 the Environmental Protection Agency has cer16 tified sufficiently reduces energy consumption or 

17 reduces harmful emissions, including direct car18 bon emissions, when compared to a comparable 

19 standard vehicle; or 

20 ‘‘(B) a zero emission bus used to provide 

21 public transportation. 

22 ‘‘(3) DIRECT CARBON EMISSIONS.—The term ‘di23 rect carbon emissions’ means the quantity of direct 

24 greenhouse gas emissions from a vehicle, as deter-
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1 mined by the Administrator of the Environmental 

2 Protection Agency. 

3 ‘‘(4) ELIGIBLE AREA.—The term ‘eligible area’ 

4 means an area that is— 

5 ‘‘(A) designated as a nonattainment area 

6 for ozone or carbon monoxide under section 

7 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); 

8 or 

9 ‘‘(B) a maintenance area, as defined in sec10 tion 5303, for ozone or carbon monoxide. 

11 ‘‘(5) ELIGIBLE PROJECT.—The term ‘eligible 

12 project’ means a project or program of projects in an 

13 eligible area for— 

14 ‘‘(A) acquiring or leasing clean fuel vehicles; 

15 ‘‘(B) constructing or leasing facilities and 

16 related equipment for clean fuel vehicles; 

17 ‘‘(C) constructing new public transportation 

18 facilities to accommodate clean fuel vehicles; or 

19 ‘‘(D) rehabilitating or improving existing 

20 public transportation facilities to accommodate 

21 clean fuel vehicles. 

22 ‘‘(6) RECIPIENT.—The term ‘recipient’ means— 

23 ‘‘(A) for an eligible area that is an urban24 ized area with a population of fewer than 

25 200,000 individuals, as determined by the Bu-
749 

† HR 4348 EAS 

1 reau of the Census, the State in which the eligi2 ble area is located; and 

3 ‘‘(B) for an eligible area not described in 

4 subparagraph (A), the designated recipient for 

5 the eligible area. 

6 ‘‘(7) ZERO EMISSION BUS.—The term ‘zero emis7 sion bus’ means a clean fuel vehicle that produces no 

8 carbon or particulate matter. 

9 ‘‘(b) AUTHORITY.—The Secretary may make grants to 

10 recipients to finance eligible projects under this section. 

11 ‘‘(c) GRANT REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—A grant under this section 

13 shall be subject to the requirements of section 5307. 

14 ‘‘(2) GOVERNMENT SHARE OF COSTS FOR CER15 TAIN PROJECTS.—Section 5323(j) applies to projects 

16 carried out under this section, unless the grant recipi17 ent requests a lower grant percentage. 

18 ‘‘(3) COMBINATION OF FUNDING SOURCES.— 

19 ‘‘(A) COMBINATION PERMITTED.—A project 

20 carried out under this section may receive fund21 ing under section 5307, or any other provision 

22 of law. 

23 ‘‘(B) GOVERNMENT SHARE.—Nothing in 

24 this paragraph may be construed to alter the 
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† HR 4348 EAS 

1 Government share required under this section, 

2 section 5307, or any other provision of law. 

3 ‘‘(d) MINIMUM AMOUNTS.—Of amounts made avail4 able by or appropriated under section 5338(a)(2)(D) in 

5 each fiscal year to carry out this section— 

6 ‘‘(1) not less than 65 percent shall be made 

7 available to fund eligible projects relating to clean 

8 fuel buses; and 

9 ‘‘(2) not less than 10 percent shall be made 

10 available for eligible projects relating to facilities and 

11 related equipment for clean fuel buses. 

12 ‘‘(e) COMPETITIVE PROCESS.—The Secretary shall so13 licit grant applications and make grants for eligible 

14 projects on a competitive basis. 

15 ‘‘(f) PRIORITY CONSIDERATION.—In making grants 

16 under this section, the Secretary shall give priority to 

17 projects relating to clean fuel buses that make greater reduc18 tions in energy consumption and harmful emissions, in19 cluding direct carbon emissions, than comparable standard 

20 buses or other clean fuel buses. 

21 ‘‘(g) AVAILABILITY OF FUNDS.—Any amounts made 

22 available or appropriated to carry out this section— 

23 ‘‘(1) shall remain available to an eligible project 

24 for 2 years after the fiscal year for which the amount 

25 is made available or appropriated; and 
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† HR 4348 EAS 

1 ‘‘(2) that remain unobligated at the end of the 

2 period described in paragraph (1) shall be added to 

3 the amount made available to an eligible project in 

4 the following fiscal year.’’. 

5 SEC. 20010. FIXED GUIDEWAY CAPITAL INVESTMENT 

6 GRANTS. 

7 (a) IN GENERAL.—Section 5309 of title 49, United 

8 States Code, is amended to read as follows: 

9 ‘‘§ 5309. Fixed guideway capital investment grants 

10 ‘‘(a) DEFINITIONS.—In this section, the following defi11 nitions shall apply: 

12 ‘‘(1) APPLICANT.—The term ‘applicant’ means a 

13 State or local governmental authority that applies for 

14 a grant under this section. 

15 ‘‘(2) BUS RAPID TRANSIT PROJECT.—The term 

16 ‘bus rapid transit project’ means a single route bus 

17 capital project— 

18 ‘‘(A) if— 

19 ‘‘(i) a majority of the project operates 

20 in a separated right-of-way dedicated for 

21 public transportation use during peak peri22 ods; or 

23 ‘‘(ii) a substantial portion of the 

24 project operates in a separated right-of-way 

25 that is semi-dedicated for public transpor-
752 

† HR 4348 EAS 

1 tation use during peak periods and includes 

2 other physical elements that reduce public 

3 transportation vehicle travel time and in4 crease service reliability; 

5 ‘‘(B) that represents a substantial invest6 ment in a single route in a defined corridor or 

7 subarea; and 

8 ‘‘(C) that includes features that emulate the 

9 services provided by rail fixed guideway public 

10 transportation systems, including— 

11 ‘‘(i) defined stations; 

12 ‘‘(ii) traffic signal priority for public 

13 transportation vehicles; 

14 ‘‘(iii) short headway bidirectional serv15 ices for a substantial part of weekdays and 

16 weekend days; and 

17 ‘‘(iv) any other features the Secretary 

18 may determine are necessary to produce 

19 high-quality public transportation services 

20 that emulate the services provided by rail 

21 fixed guideway public transportation sys22 tems. 

23 ‘‘(3) CORE CAPACITY IMPROVEMENT PROJECT.— 

24 The term ‘core capacity improvement project’ means 

25 a substantial corridor-based capital investment in an 
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1 existing fixed guideway system that adds capacity 

2 and functionality. 

3 ‘‘(4) NEW FIXED GUIDEWAY CAPITAL PROJECT.— 

4 The term ‘new fixed guideway capital project’ 

5 means— 

6 ‘‘(A) a new fixed guideway project that is 

7 a minimum operable segment or extension to an 

8 existing fixed guideway system; or 

9 ‘‘(B) a bus rapid transit project that is a 

10 minimum operable segment or an extension to 

11 an existing bus rapid transit system. 

12 ‘‘(5) PROGRAM OF INTERRELATED PROJECTS.— 

13 The term ‘program of interrelated projects’ means the 

14 simultaneous development of— 

15 ‘‘(A) 2 or more new fixed guideway capital 

16 projects or core capacity improvement projects; 

17 or 

18 ‘‘(B) 1 or more new fixed guideway capital 

19 projects and 1 or more core capacity improve20 ment projects. 

21 ‘‘(b) GENERAL AUTHORITY.—The Secretary may make 

22 grants under this section to State and local governmental 

23 authorities to assist in financing— 

24 ‘‘(1) new fixed guideway capital projects, includ25 ing the acquisition of real property, the initial acqui-
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† HR 4348 EAS 

1 sition of rolling stock for the system, the acquisition 

2 of rights-of-way, and relocation, for fixed guideway 

3 corridor development for projects in the advanced 

4 stages of project development or engineering; and 

5 ‘‘(2) core capacity improvement projects, includ6 ing the acquisition of real property, the acquisition of 

7 rights-of-way, double tracking, signalization improve8 ments, electrification, expanding system platforms, 

9 acquisition of rolling stock, construction of infill sta10 tions, and such other capacity improvement projects 

11 as the Secretary determines are appropriate. 

12 ‘‘(c) GRANT REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—The Secretary may make a 

14 grant under this section for new fixed guideway cap15 ital projects or core capacity improvement projects, if 

16 the Secretary determines that— 

17 ‘‘(A) the project is part of an approved 

18 transportation plan required under sections 5303 

19 and 5304; and 

20 ‘‘(B) the applicant has, or will have— 

21 ‘‘(i) the legal, financial, and technical 

22 capacity to carry out the project, including 

23 the safety and security aspects of the 

24 project; 
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† HR 4348 EAS 

1 ‘‘(ii) satisfactory continuing control 

2 over the use of the equipment or facilities; 

3 and 

4 ‘‘(iii) the technical and financial ca5 pacity to maintain new and existing equip6 ment and facilities. 

7 ‘‘(2) CERTIFICATION.—An applicant that has 

8 submitted the certifications required under subpara9 graphs (A), (B), (C), and (H) of section 5307(d)(1) 

10 shall be deemed to have provided sufficient informa11 tion upon which the Secretary may make the deter12 minations required under this subsection. 

13 ‘‘(3) TECHNICAL CAPACITY.—The Secretary shall 

14 use an expedited technical capacity review process for 

15 applicants that have recently and successfully com16 pleted at least 1 new bus rapid transit project, new 

17 fixed guideway capital project, or core capacity im18 provement project, if— 

19 ‘‘(A) the applicant achieved budget, cost, 

20 and ridership outcomes for the project that are 

21 consistent with or better than projections; and 

22 ‘‘(B) the applicant demonstrates that the 

23 applicant continues to have the staff expertise 

24 and other resources necessary to implement a 

25 new project. 
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† HR 4348 EAS 

1 ‘‘(4) RECIPIENT REQUIREMENTS.—A recipient of 

2 a grant awarded under this section shall be subject to 

3 all terms, conditions, requirements, and provisions 

4 that the Secretary determines to be necessary or ap5 propriate for purposes of this section. 

6 ‘‘(d) NEW FIXED GUIDEWAY GRANTS.— 

7 ‘‘(1) PROJECT DEVELOPMENT PHASE.— 

8 ‘‘(A) ENTRANCE INTO PROJECT DEVELOP9 MENT PHASE.—A new fixed guideway capital 

10 project shall enter into the project development 

11 phase when— 

12 ‘‘(i) the applicant— 

13 ‘‘(I) submits a letter to the Sec14 retary describing the project and re15 questing entry into the project develop16 ment phase; and 

17 ‘‘(II) initiates activities required 

18 to be carried out under the National 

19 Environmental Policy Act of 1969 (42 

20 U.S.C. 4321 et seq.) with respect to the 

21 project; and 

22 ‘‘(ii) the Secretary responds in writing 

23 to the applicant within 45 days whether the 

24 information provided is sufficient to enter 

25 into the project development phase, includ-
757 

† HR 4348 EAS 

1 ing, when necessary, a detailed description 

2 of any information deemed insufficient. 

3 ‘‘(B) ACTIVITIES DURING PROJECT DEVEL4 OPMENT PHASE.—Concurrent with the analysis 

5 required to be made under the National Environ6 mental Policy Act of 1969 (42 U.S.C. 4321 et 

7 seq.), each applicant shall develop sufficient in8 formation to enable the Secretary to make find9 ings of project justification, policies and land use 

10 patterns that promote public transportation, and 

11 local financial commitment under this sub12 section. 

13 ‘‘(C) COMPLETION OF PROJECT DEVELOP14 MENT ACTIVITIES REQUIRED.— 

15 ‘‘(i) IN GENERAL.—Not later than 2 

16 years after the date on which a project en17 ters into the project development phase, the 

18 applicant shall complete the activities re19 quired to obtain a project rating under sub20 section (g)(2) and submit completed docu21 mentation to the Secretary. 

22 ‘‘(ii) EXTENSION OF TIME.—Upon the 

23 request of an applicant, the Secretary may 

24 extend the time period under clause (i), if 

25 the applicant submits to the Secretary— 
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† HR 4348 EAS 

1 ‘‘(I) a reasonable plan for com2 pleting the activities required under 

3 this paragraph; and 

4 ‘‘(II) an estimated time period 

5 within which the applicant will com6 plete such activities. 

7 ‘‘(2) ENGINEERING PHASE.— 

8 ‘‘(A) IN GENERAL.—A new fixed guideway 

9 capital project may advance to the engineering 

10 phase upon completion of activities required 

11 under the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.), as demonstrated 

13 by a record of decision with respect to the 

14 project, a finding that the project has no signifi15 cant impact, or a determination that the project 

16 is categorically excluded, only if the Secretary 

17 determines that the project— 

18 ‘‘(i) is selected as the locally preferred 

19 alternative at the completion of the process 

20 required under the National Environmental 

21 Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

22 ‘‘(ii) is adopted into the metropolitan 

23 transportation plan required under section 

24 5303; 
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† HR 4348 EAS 

1 ‘‘(iii) is justified based on a com2 prehensive review of the project’s mobility 

3 improvements, environmental benefits, and 

4 cost-effectiveness, as measured by cost per 

5 rider; 

6 ‘‘(iv) is supported by policies and land 

7 use patterns that promote public transpor8 tation, including plans for future land use 

9 and rezoning, and economic development 

10 around public transportation stations; and 

11 ‘‘(v) is supported by an acceptable de12 gree of local financial commitment (includ13 ing evidence of stable and dependable fi14 nancing sources), as required under sub15 section (f). 

16 ‘‘(B) DETERMINATION THAT PROJECT IS

17 JUSTIFIED.—In making a determination under 

18 subparagraph (A)(iii), the Secretary shall evalu19 ate, analyze, and consider— 

20 ‘‘(i) the reliability of the forecasting 

21 methods used to estimate costs and utiliza22 tion made by the recipient and the contrac23 tors to the recipient; and 
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† HR 4348 EAS 

1 ‘‘(ii) population density and current 

2 public transportation ridership in the 

3 transportation corridor. 

4 ‘‘(e) CORE CAPACITY IMPROVEMENT PROJECTS.— 

5 ‘‘(1) PROJECT DEVELOPMENT PHASE.— 

6 ‘‘(A) ENTRANCE INTO PROJECT DEVELOP7 MENT PHASE.—A core capacity improvement 

8 project shall be deemed to have entered into the 

9 project development phase if— 

10 ‘‘(i) the applicant— 

11 ‘‘(I) submits a letter to the Sec12 retary describing the project and re13 questing entry into the project develop14 ment phase; and 

15 ‘‘(II) initiates activities required 

16 to be carried out under the National 

17 Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.) with respect to the 

19 project; and 

20 ‘‘(ii) the Secretary responds in writing 

21 to the applicant within 45 days whether the 

22 information provided is sufficient to enter 

23 into the project development phase, includ24 ing when necessary a detailed description of 

25 any information deemed insufficient. 
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† HR 4348 EAS 

1 ‘‘(B) ACTIVITIES DURING PROJECT DEVEL2 OPMENT PHASE.—Concurrent with the analysis 

3 required to be made under the National Environ4 mental Policy Act of 1969 (42 U.S.C. 4321 et 

5 seq.), each applicant shall develop sufficient in6 formation to enable the Secretary to make find7 ings of project justification and local financial 

8 commitment under this subsection. 

9 ‘‘(C) COMPLETION OF PROJECT DEVELOP10 MENT ACTIVITIES REQUIRED.— 

11 ‘‘(i) IN GENERAL.—Not later than 2 

12 years after the date on which a project en13 ters into the project development phase, the 

14 applicant shall complete the activities re15 quired to obtain a project rating under sub16 section (g)(2) and submit completed docu17 mentation to the Secretary. 

18 ‘‘(ii) EXTENSION OF TIME.—Upon the 

19 request of an applicant, the Secretary may 

20 extend the time period under clause (i), if 

21 the applicant submits to the Secretary— 

22 ‘‘(I) a reasonable plan for com23 pleting the activities required under 

24 this paragraph; and 
762 

† HR 4348 EAS 

1 ‘‘(II) an estimated time period 

2 within which the applicant will com3 plete such activities. 

4 ‘‘(2) ENGINEERING PHASE.— 

5 ‘‘(A) IN GENERAL.—A core capacity im6 provement project may advance into the engi7 neering phase upon completion of activities re8 quired under the National Environmental Policy 

9 Act of 1969 (42 U.S.C. 4321 et seq.), as dem10 onstrated by a record of decision with respect to 

11 the project, a finding that the project has no sig12 nificant impact, or a determination that the 

13 project is categorically excluded, only if the Sec14 retary determines that the project— 

15 ‘‘(i) is selected as the locally preferred 

16 alternative at the completion of the process 

17 required under the National Environmental 

18 Policy Act of 1969; 

19 ‘‘(ii) is adopted into the metropolitan 

20 transportation plan required under section 

21 5303; 

22 ‘‘(iii) is in a corridor that is— 

23 ‘‘(I) at or over capacity; or 

24 ‘‘(II) projected to be at or over ca25 pacity within the next 5 years; 
763 

† HR 4348 EAS 

1 ‘‘(iv) is justified based on a com2 prehensive review of the project’s mobility 

3 improvements, environmental benefits, and 

4 cost-effectiveness, as measured by cost per 

5 rider; and 

6 ‘‘(v) is supported by an acceptable de7 gree of local financial commitment (includ8 ing evidence of stable and dependable fi9 nancing sources), as required under sub10 section (f). 

11 ‘‘(B) DETERMINATION THAT PROJECT IS

12 JUSTIFIED.—In making a determination under 

13 subparagraph (A)(iv), the Secretary shall evalu14 ate, analyze, and consider— 

15 ‘‘(i) the reliability of the forecasting 

16 methods used to estimate costs and utiliza17 tion made by the recipient and the contrac18 tors to the recipient; 

19 ‘‘(ii) whether the project will ade20 quately address the capacity concerns in a 

21 corridor; 

22 ‘‘(iii) whether the project will improve 

23 interconnectivity among existing systems; 

24 and 
764 

† HR 4348 EAS 

1 ‘‘(iv) whether the project will improve 

2 environmental outcomes. 

3 ‘‘(f) FINANCING SOURCES.— 

4 ‘‘(1) REQUIREMENTS.—In determining whether 

5 a project is supported by an acceptable degree of local 

6 financial commitment and shows evidence of stable 

7 and dependable financing sources for purposes of sub8 section (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary 

9 shall require that— 

10 ‘‘(A) the proposed project plan provides for 

11 the availability of contingency amounts that the 

12 Secretary determines to be reasonable to cover 

13 unanticipated cost increases or funding short14 falls; 

15 ‘‘(B) each proposed local source of capital 

16 and operating financing is stable, reliable, and 

17 available within the proposed project timetable; 

18 and 

19 ‘‘(C) local resources are available to recapi20 talize, maintain, and operate the overall existing 

21 and proposed public transportation system, in22 cluding essential feeder bus and other services 

23 necessary to achieve the projected ridership levels 

24 without requiring a reduction in existing public 
765 

† HR 4348 EAS 

1 transportation services or level of service to oper2 ate the project. 

3 ‘‘(2) CONSIDERATIONS.—In assessing the sta4 bility, reliability, and availability of proposed sources 

5 of local financing for purposes of subsection 

6 (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall con7 sider— 

8 ‘‘(A) the reliability of the forecasting meth9 ods used to estimate costs and revenues made by 

10 the recipient and the contractors to the recipient; 

11 ‘‘(B) existing grant commitments; 

12 ‘‘(C) the degree to which financing sources 

13 are dedicated to the proposed purposes; 

14 ‘‘(D) any debt obligation that exists, or is 

15 proposed by the recipient, for the proposed 

16 project or other public transportation purpose; 

17 and 

18 ‘‘(E) the extent to which the project has a 

19 local financial commitment that exceeds the re20 quired non-Government share of the cost of the 

21 project. 

22 ‘‘(g) PROJECT ADVANCEMENT AND RATINGS.— 

23 ‘‘(1) PROJECT ADVANCEMENT.—A new fixed 

24 guideway capital project or core capacity improve25 ment project proposed to be carried out using a grant 
766 

† HR 4348 EAS 

1 under this section may not advance from the project 

2 development phase to the engineering phase, or from 

3 the engineering phase to the construction phase, un4 less the Secretary determines that— 

5 ‘‘(A) the project meets the applicable re6 quirements under this section; and 

7 ‘‘(B) there is a reasonable likelihood that the 

8 project will continue to meet the requirements 

9 under this section. 

10 ‘‘(2) RATINGS.— 

11 ‘‘(A) OVERALL RATING.—In making a de12 termination under paragraph (1), the Secretary 

13 shall evaluate and rate a project as a whole on 

14 a 5-point scale (high, medium-high, medium, 

15 medium-low, or low) based on— 

16 ‘‘(i) in the case of a new fixed guide17 way capital project, the project justification 

18 criteria under subsection (d)(2)(A)(iii), the 

19 policies and land use patterns that support 

20 public transportation, and the degree of 

21 local financial commitment; and 

22 ‘‘(ii) in the case of a core capacity im23 provement project, the capacity needs of the 

24 corridor, the project justification criteria 
767 

† HR 4348 EAS 

1 under subsection (e)(2)(A)(iv), and the de2 gree of local financial commitment. 

3 ‘‘(B) INDIVIDUAL RATINGS FOR EACH CRI4 TERION.—In rating a project under this para5 graph, the Secretary shall— 

6 ‘‘(i) provide, in addition to the overall 

7 project rating under subparagraph (A), in8 dividual ratings for each of the criteria es9 tablished under subsection (d)(2)(A)(iii) or 

10 (e)(2)(A)(iv), as applicable; and 

11 ‘‘(ii) give comparable, but not nec12 essarily equal, numerical weight to each of 

13 the criteria established under subsections 

14 (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, 

15 in calculating the overall project rating 

16 under clause (i). 

17 ‘‘(C) MEDIUM RATING NOT REQUIRED.—The 

18 Secretary shall not require that any single 

19 project justification criterion meet or exceed a 

20 ‘medium’ rating in order to advance the project 

21 from one phase to another. 

22 ‘‘(3) WARRANTS.—The Secretary shall, to the 

23 maximum extent practicable, develop and use special 

24 warrants for making a project justification deter25 mination under subsection (d)(2) or (e)(2), as appli-
768 

† HR 4348 EAS 

1 cable, for a project proposed to be funded using a 

2 grant under this section, if— 

3 ‘‘(A) the share of the cost of the project to 

4 be provided under this section does not exceed— 

5 ‘‘(i) $100,000,000; or 

6 ‘‘(ii) 50 percent of the total cost of the 

7 project; 

8 ‘‘(B) the applicant requests the use of the 

9 warrants; 

10 ‘‘(C) the applicant certifies that its existing 

11 public transportation system is in a state of good 

12 repair; and 

13 ‘‘(D) the applicant meets any other require14 ments that the Secretary considers appropriate 

15 to carry out this subsection. 

16 ‘‘(4) LETTERS OF INTENT AND EARLY SYSTEMS

17 WORK AGREEMENTS.—In order to expedite a project 

18 under this subsection, the Secretary shall, to the max19 imum extent practicable, issue letters of intent and 

20 enter into early systems work agreements upon 

21 issuance of a record of decision for projects that re22 ceive an overall project rating of medium or better. 

23 ‘‘(5) POLICY GUIDANCE.—The Secretary shall 

24 issue policy guidance regarding the review and eval25 uation process and criteria— 
769 

† HR 4348 EAS 

1 ‘‘(A) not later than 180 days after the date 

2 of enactment of the Federal Public Transpor3 tation Act of 2012; and 

4 ‘‘(B) each time the Secretary makes signifi5 cant changes to the process and criteria, but not 

6 less frequently than once every 2 years. 

7 ‘‘(6) RULES.—Not later than 1 year after the 

8 date of enactment of the Federal Public Transpor9 tation Act of 2012, the Secretary shall issue rules es10 tablishing an evaluation and rating process for— 

11 ‘‘(A) new fixed guideway capital projects 

12 that is based on the results of project justifica13 tion, policies and land use patterns that promote 

14 public transportation, and local financial com15 mitment, as required under this subsection; and 

16 ‘‘(B) core capacity improvement projects 

17 that is based on the results of the capacity needs 

18 of the corridor, project justification, and local fi19 nancial commitment. 

20 ‘‘(7) APPLICABILITY.—This subsection shall not 

21 apply to a project for which the Secretary issued a 

22 letter of intent, entered into a full funding grant 

23 agreement, or entered into a project construction 

24 agreement before the date of enactment of the Federal 

25 Public Transportation Act of 2012. 
770 

† HR 4348 EAS 

1 ‘‘(h) PROGRAMS OF INTERRELATED PROJECTS.— 

2 ‘‘(1) PROJECT DEVELOPMENT PHASE.—A feder3 ally funded project in a program of interrelated 

4 projects shall advance through project development as 

5 provided in subsection (d) or (e), as applicable. 

6 ‘‘(2) ENGINEERING PHASE.—A federally funded 

7 project in a program of interrelated projects may ad8 vance into the engineering phase upon completion of 

9 activities required under the National Environmental 

10 Policy Act of 1969 (42 U.S.C. 4321 et seq.), as dem11 onstrated by a record of decision with respect to the 

12 project, a finding that the project has no significant 

13 impact, or a determination that the project is cat14 egorically excluded, only if the Secretary determines 

15 that— 

16 ‘‘(A) the project is selected as the locally 

17 preferred alternative at the completion of the 

18 process required under the National Environ19 mental Policy Act of 1969; 

20 ‘‘(B) the project is adopted into the metro21 politan transportation plan required under sec22 tion 5303; 

23 ‘‘(C) the program of interrelated projects in24 volves projects that have a logical connectivity to 

25 one another; 
771 

† HR 4348 EAS 

1 ‘‘(D) the program of interrelated projects, 

2 when evaluated as a whole, meets the require3 ments of subsection (d)(2) or (e)(2), as applica4 ble; 

5 ‘‘(E) the program of interrelated projects is 

6 supported by a program implementation plan 

7 demonstrating that construction will begin on 

8 each of the projects in the program of inter9 related projects within a reasonable time frame; 

10 and 

11 ‘‘(F) the program of interrelated projects is 

12 supported by an acceptable degree of local finan13 cial commitment, as described in subsection (f). 

14 ‘‘(3) PROJECT ADVANCEMENT AND RATINGS.— 

15 ‘‘(A) PROJECT ADVANCEMENT.—A project 

16 receiving a grant under this section that is part 

17 of a program of interrelated projects may not 

18 advance from the project development phase to 

19 the engineering phase, or from the engineering 

20 phase to the construction phase, unless the Sec21 retary determines that the program of inter22 related projects meets the applicable requirements 

23 of this section and there is a reasonable likeli24 hood that the program will continue to meet such 

25 requirements. 
772 

† HR 4348 EAS 

1 ‘‘(B) RATINGS.— 

2 ‘‘(i) OVERALL RATING.—In making a 

3 determination under subparagraph (A), the 

4 Secretary shall evaluate and rate a program 

5 of interrelated projects on a 5-point scale 

6 (high, medium-high, medium, medium-low, 

7 or low) based on the criteria described in 

8 paragraph (2). 

9 ‘‘(ii) INDIVIDUAL RATING FOR EACH

10 CRITERION.—In rating a program of inter11 related projects, the Secretary shall provide, 

12 in addition to the overall program rating, 

13 individual ratings for each of the criteria 

14 described in paragraph (2) and shall give 

15 comparable, but not necessarily equal, nu16 merical weight to each such criterion in cal17 culating the overall program rating. 

18 ‘‘(iii) MEDIUM RATING NOT RE19 QUIRED.—The Secretary shall not require 

20 that any single criterion described in para21 graph (2) meet or exceed a ‘medium’ rating 

22 in order to advance the program of inter23 related projects from one phase to another. 

24 ‘‘(4) ANNUAL REVIEW.— 
773 

† HR 4348 EAS 

1 ‘‘(A) REVIEW REQUIRED.—The Secretary 

2 shall annually review the program implementa3 tion plan required under paragraph (2)(E) to 

4 determine whether the program of interrelated 

5 projects is adhering to its schedule. 

6 ‘‘(B) EXTENSION OF TIME.—If a program 

7 of interrelated projects is not adhering to its 

8 schedule, the Secretary may, upon the request of 

9 the applicant, grant an extension of time if the 

10 applicant submits a reasonable plan that in11 cludes— 

12 ‘‘(i) evidence of continued adequate 

13 funding; and 

14 ‘‘(ii) an estimated time frame for com15 pleting the program of interrelated projects. 

16 ‘‘(C) SATISFACTORY PROGRESS RE17 QUIRED.—If the Secretary determines that a 

18 program of interrelated projects is not making 

19 satisfactory progress, no Federal funds shall be 

20 provided for a project within the program of 

21 interrelated projects. 

22 ‘‘(5) FAILURE TO CARRY OUT PROGRAM OF

23 INTERRELATED PROJECTS.— 

24 ‘‘(A) REPAYMENT REQUIRED.—If an appli25 cant does not carry out the program of inter-
774 

† HR 4348 EAS 

1 related projects within a reasonable time, for 

2 reasons within the control of the applicant, the 

3 applicant shall repay all Federal funds provided 

4 for the program, and any reasonable interest and 

5 penalty charges that the Secretary may establish. 

6 ‘‘(B) CREDITING OF FUNDS RECEIVED.— 

7 Any funds received by the Government under 

8 this paragraph, other than interest and penalty 

9 charges, shall be credited to the appropriation 

10 account from which the funds were originally de11 rived. 

12 ‘‘(6) NON-FEDERAL FUNDS.—Any non-Federal 

13 funds committed to a project in a program of inter14 related projects may be used to meet a non-Govern15 ment share requirement for any other project in the 

16 program of interrelated projects, if the Government 

17 share of the cost of each project within the program 

18 of interrelated projects does not exceed 80 percent. 

19 ‘‘(7) PRIORITY.—In making grants under this 

20 section, the Secretary may give priority to programs 

21 of interrelated projects for which the non-Government 

22 share of the cost of the projects included in the pro23 grams of interrelated projects exceeds the non-Govern24 ment share required under subsection (k). 
775 

† HR 4348 EAS 

1 ‘‘(8) NON-GOVERNMENT PROJECTS.—Including a 

2 project not financed by the Government in a program 

3 of interrelated projects does not impose Government 

4 requirements that would not otherwise apply to the 

5 project. 

6 ‘‘(i) PREVIOUSLY ISSUED LETTER OF INTENT OR

7 FULL FUNDING GRANT AGREEMENT.—Subsections (d) and 

8 (e) shall not apply to projects for which the Secretary has 

9 issued a letter of intent, entered into a full funding grant 

10 agreement, or entered into a project construction grant 

11 agreement before the date of enactment of the Federal Public 

12 Transportation Act of 2012. 

13 ‘‘(j) LETTERS OF INTENT, FULL FUNDING GRANT

14 AGREEMENTS, AND EARLY SYSTEMS WORK AGREE15 MENTS.— 

16 ‘‘(1) LETTERS OF INTENT.— 

17 ‘‘(A) AMOUNTS INTENDED TO BE OBLI18 GATED.—The Secretary may issue a letter of in19 tent to an applicant announcing an intention to 

20 obligate, for a new fixed guideway capital 

21 project or core capacity improvement project, an 

22 amount from future available budget authority 

23 specified in law that is not more than the 

24 amount stipulated as the financial participation 

25 of the Secretary in the project. When a letter is 
776 

† HR 4348 EAS 

1 issued for a capital project under this section, 

2 the amount shall be sufficient to complete at 

3 least an operable segment. 

4 ‘‘(B) TREATMENT.—The issuance of a letter 

5 under subparagraph (A) is deemed not to be an 

6 obligation under sections 1108(c), 1501, and 

7 1502(a) of title 31, United States Code, or an 

8 administrative commitment. 

9 ‘‘(2) FULL FUNDING GRANT AGREEMENTS.— 

10 ‘‘(A) IN GENERAL.—A new fixed guideway 

11 capital project or core capacity improvement 

12 project shall be carried out through a full fund13 ing grant agreement. 

14 ‘‘(B) CRITERIA.—The Secretary shall enter 

15 into a full funding grant agreement, based on the 

16 evaluations and ratings required under sub17 section (d), (e), or (h), as applicable, with each 

18 grantee receiving assistance for a new fixed 

19 guideway capital project or core capacity im20 provement project that has been rated as high, 

21 medium-high, or medium, in accordance with 

22 subsection (g)(2)(A) or (h)(3)(B), as applicable. 

23 ‘‘(C) TERMS.—A full funding grant agree24 ment shall— 
777 

† HR 4348 EAS 

1 ‘‘(i) establish the terms of participa2 tion by the Government in a new fixed 

3 guideway capital project or core capacity 

4 improvement project; 

5 ‘‘(ii) establish the maximum amount of 

6 Federal financial assistance for the project; 

7 ‘‘(iii) include the period of time for 

8 completing the project, even if that period 

9 extends beyond the period of an authoriza10 tion; and 

11 ‘‘(iv) make timely and efficient man12 agement of the project easier according to 

13 the law of the United States. 

14 ‘‘(D) SPECIAL FINANCIAL RULES.— 

15 ‘‘(i) IN GENERAL.—A full funding 

16 grant agreement under this paragraph obli17 gates an amount of available budget author18 ity specified in law and may include a 

19 commitment, contingent on amounts to be 

20 specified in law in advance for commit21 ments under this paragraph, to obligate an 

22 additional amount from future available 

23 budget authority specified in law. 

24 ‘‘(ii) STATEMENT OF CONTINGENT COM25 MITMENT.—The agreement shall state that 
778 

† HR 4348 EAS 

1 the contingent commitment is not an obli2 gation of the Government. 

3 ‘‘(iii) INTEREST AND OTHER FINANC4 ING COSTS.—Interest and other financing 

5 costs of efficiently carrying out a part of the 

6 project within a reasonable time are a cost 

7 of carrying out the project under a full 

8 funding grant agreement, except that eligi9 ble costs may not be more than the cost of 

10 the most favorable financing terms reason11 ably available for the project at the time of 

12 borrowing. The applicant shall certify, in a 

13 way satisfactory to the Secretary, that the 

14 applicant has shown reasonable diligence in 

15 seeking the most favorable financing terms. 

16 ‘‘(iv) COMPLETION OF OPERABLE SEG17 MENT.—The amount stipulated in an agree18 ment under this paragraph for a new fixed 

19 guideway capital project shall be sufficient 

20 to complete at least an operable segment. 

21 ‘‘(E) BEFORE AND AFTER STUDY.— 

22 ‘‘(i) IN GENERAL.—A full funding 

23 grant agreement under this paragraph shall 

24 require the applicant to conduct a study 

25 that— 
779 

† HR 4348 EAS 

1 ‘‘(I) describes and analyzes the 

2 impacts of the new fixed guideway 

3 capital project or core capacity im4 provement project on public transpor5 tation services and public transpor6 tation ridership; 

7 ‘‘(II) evaluates the consistency of 

8 predicted and actual project character9 istics and performance; and 

10 ‘‘(III) identifies reasons for dif11 ferences between predicted and actual 

12 outcomes. 

13 ‘‘(ii) INFORMATION COLLECTION AND

14 ANALYSIS PLAN.— 

15 ‘‘(I) SUBMISSION OF PLAN.—Ap16 plicants seeking a full funding grant 

17 agreement under this paragraph shall 

18 submit a complete plan for the collec19 tion and analysis of information to 

20 identify the impacts of the new fixed 

21 guideway capital project or core capac22 ity improvement project and the accu23 racy of the forecasts prepared during 

24 the development of the project. Prepa25 ration of this plan shall be included in 
780 

† HR 4348 EAS 

1 the full funding grant agreement as an 

2 eligible activity. 

3 ‘‘(II) CONTENTS OF PLAN.—The 

4 plan submitted under subclause (I) 

5 shall provide for— 

6 ‘‘(aa) collection of data on 

7 the current public transportation 

8 system regarding public transpor9 tation service levels and ridership 

10 patterns, including origins and 

11 destinations, access modes, trip 

12 purposes, and rider characteris13 tics; 

14 ‘‘(bb) documentation of the 

15 predicted scope, service levels, cap16 ital costs, operating costs, and 

17 ridership of the project; 

18 ‘‘(cc) collection of data on the 

19 public transportation system 2 

20 years after the opening of a new 

21 fixed guideway capital project or 

22 core capacity improvement 

23 project, including analogous infor24 mation on public transportation 

25 service levels and ridership pat-
781 

† HR 4348 EAS 

1 terns and information on the as2 built scope, capital, and financing 

3 costs of the project; and 

4 ‘‘(dd) analysis of the consist5 ency of predicted project charac6 teristics with actual outcomes. 

7 ‘‘(F) COLLECTION OF DATA ON CURRENT

8 SYSTEM.—To be eligible for a full funding grant 

9 agreement under this paragraph, recipients shall 

10 have collected data on the current system, ac11 cording to the plan required under subparagraph 

12 (E)(ii), before the beginning of construction of 

13 the proposed new fixed guideway capital project 

14 or core capacity improvement project. Collection 

15 of this data shall be included in the full funding 

16 grant agreement as an eligible activity. 

17 ‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.— 

18 ‘‘(A) CONDITIONS.—The Secretary may 

19 enter into an early systems work agreement with 

20 an applicant if a record of decision under the 

21 National Environmental Policy Act of 1969 (42 

22 U.S.C. 4321 et seq.) has been issued on the 

23 project and the Secretary finds there is reason to 

24 believe— 
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1 ‘‘(i) a full funding grant agreement for 

2 the project will be made; and 

3 ‘‘(ii) the terms of the work agreement 

4 will promote ultimate completion of the 

5 project more rapidly and at less cost. 

6 ‘‘(B) CONTENTS.— 

7 ‘‘(i) IN GENERAL.—An early systems 

8 work agreement under this paragraph obli9 gates budget authority available under this 

10 chapter and title 23 and shall provide for 

11 reimbursement of preliminary costs of car12 rying out the project, including land acqui13 sition, timely procurement of system ele14 ments for which specifications are decided, 

15 and other activities the Secretary decides 

16 are appropriate to make efficient, long-term 

17 project management easier. 

18 ‘‘(ii) CONTINGENT COMMITMENT.—An 

19 early systems work agreement may include 

20 a commitment, contingent on amounts to be 

21 specified in law in advance for commit22 ments under this paragraph, to obligate an 

23 additional amount from future available 

24 budget authority specified in law. 
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1 ‘‘(iii) PERIOD COVERED.—An early 

2 systems work agreement under this para3 graph shall cover the period of time the Sec4 retary considers appropriate. The period 

5 may extend beyond the period of current 

6 authorization. 

7 ‘‘(iv) INTEREST AND OTHER FINANCING

8 COSTS.—Interest and other financing costs 

9 of efficiently carrying out the early systems 

10 work agreement within a reasonable time 

11 are a cost of carrying out the agreement, ex12 cept that eligible costs may not be more 

13 than the cost of the most favorable financing 

14 terms reasonably available for the project at 

15 the time of borrowing. The applicant shall 

16 certify, in a way satisfactory to the Sec17 retary, that the applicant has shown rea18 sonable diligence in seeking the most favor19 able financing terms. 

20 ‘‘(v) FAILURE TO CARRY OUT

21 PROJECT.—If an applicant does not carry 

22 out the project for reasons within the con23 trol of the applicant, the applicant shall 

24 repay all Federal grant funds awarded for 

25 the project from all Federal funding sources, 
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1 for all project activities, facilities, and 

2 equipment, plus reasonable interest and 

3 penalty charges allowable by law or estab4 lished by the Secretary in the early systems 

5 work agreement. 

6 ‘‘(vi) CREDITING OF FUNDS RE7 CEIVED.—Any funds received by the Gov8 ernment under this paragraph, other than 

9 interest and penalty charges, shall be cred10 ited to the appropriation account from 

11 which the funds were originally derived. 

12 ‘‘(4) LIMITATION ON AMOUNTS.— 

13 ‘‘(A) IN GENERAL.—The Secretary may 

14 enter into full funding grant agreements under 

15 this subsection for new fixed guideway capital 

16 projects and core capacity improvement projects 

17 that contain contingent commitments to incur 

18 obligations in such amounts as the Secretary de19 termines are appropriate. 

20 ‘‘(B) APPROPRIATION REQUIRED.—An obli21 gation may be made under this subsection only 

22 when amounts are appropriated for the obliga23 tion. 

24 ‘‘(5) NOTIFICATION TO CONGRESS.—At least 30 

25 days before issuing a letter of intent, entering into a 
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1 full funding grant agreement, or entering into an 

2 early systems work agreement under this section, the 

3 Secretary shall notify, in writing, the Committee on 

4 Banking, Housing, and Urban Affairs and the Com5 mittee on Appropriations of the Senate and the Com6 mittee on Transportation and Infrastructure and the 

7 Committee on Appropriations of the House of Rep8 resentatives of the proposed letter or agreement. The 

9 Secretary shall include with the notification a copy 

10 of the proposed letter or agreement as well as the eval11 uations and ratings for the project. 

12 ‘‘(k) GOVERNMENT SHARE OF NET CAPITAL PROJECT

13 COST.— 

14 ‘‘(1) IN GENERAL.—Based on engineering stud15 ies, studies of economic feasibility, and information 

16 on the expected use of equipment or facilities, the Sec17 retary shall estimate the net capital project cost. A 

18 grant for the project shall not exceed 80 percent of the 

19 net capital project cost. 

20 ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER

21 BUDGET.—The Secretary may adjust the final net 

22 capital project cost of a new fixed guideway capital 

23 project or core capacity improvement project evalu24 ated under subsection (d), (e), or (h) to include the 

25 cost of eligible activities not included in the originally 
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1 defined project if the Secretary determines that the 

2 originally defined project has been completed at a cost 

3 that is significantly below the original estimate. 

4 ‘‘(3) MAXIMUM GOVERNMENT SHARE.—The Sec5 retary may provide a higher grant percentage than 

6 requested by the grant recipient if— 

7 ‘‘(A) the Secretary determines that the net 

8 capital project cost of the project is not more 

9 than 10 percent higher than the net capital 

10 project cost estimated at the time the project was 

11 approved for advancement into the engineering 

12 phase; and 

13 ‘‘(B) the ridership estimated for the project 

14 is not less than 90 percent of the ridership esti15 mated for the project at the time the project was 

16 approved for advancement into the engineering 

17 phase. 

18 ‘‘(4) REMAINDER OF NET CAPITAL PROJECT

19 COST.—The remainder of the net capital project cost 

20 shall be provided from an undistributed cash surplus, 

21 a replacement or depreciation cash fund or reserve, or 

22 new capital. 

23 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC24 TION.—Nothing in this section shall be construed as 

25 authorizing the Secretary to require a non-Federal fi-
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1 nancial commitment for a project that is more than 

2 20 percent of the net capital project cost. 

3 ‘‘(6) SPECIAL RULE FOR ROLLING STOCK

4 COSTS.—In addition to amounts allowed pursuant to 

5 paragraph (1), a planned extension to a fixed guide6 way system may include the cost of rolling stock pre7 viously purchased if the applicant satisfies the Sec8 retary that only amounts other than amounts pro9 vided by the Government were used and that the pur10 chase was made for use on the extension. A refund or 

11 reduction of the remainder may be made only if a re12 fund of a proportional amount of the grant of the 

13 Government is made at the same time. 

14 ‘‘(7) LIMITATION ON APPLICABILITY.—This sub15 section shall not apply to projects for which the Sec16 retary entered into a full funding grant agreement be17 fore the date of enactment of the Federal Public 

18 Transportation Act of 2012. 

19 ‘‘(l) UNDERTAKING PROJECTS IN ADVANCE.— 

20 ‘‘(1) IN GENERAL.—The Secretary may pay the 

21 Government share of the net capital project cost to a 

22 State or local governmental authority that carries out 

23 any part of a project described in this section without 

24 the aid of amounts of the Government and according 

25 to all applicable procedures and requirements if— 
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1 ‘‘(A) the State or local governmental au2 thority applies for the payment; 

3 ‘‘(B) the Secretary approves the payment; 

4 and 

5 ‘‘(C) before the State or local governmental 

6 authority carries out the part of the project, the 

7 Secretary approves the plans and specifications 

8 for the part in the same way as other projects 

9 under this section. 

10 ‘‘(2) FINANCING COSTS.— 

11 ‘‘(A) IN GENERAL.—The cost of carrying 

12 out part of a project includes the amount of in13 terest earned and payable on bonds issued by the 

14 State or local governmental authority to the ex15 tent proceeds of the bonds are expended in car16 rying out the part. 

17 ‘‘(B) LIMITATION ON AMOUNT OF INTER18 EST.—The amount of interest under this para19 graph may not be more than the most favorable 

20 interest terms reasonably available for the project 

21 at the time of borrowing. 

22 ‘‘(C) CERTIFICATION.—The applicant shall 

23 certify, in a manner satisfactory to the Sec24 retary, that the applicant has shown reasonable 
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1 diligence in seeking the most favorable financing 

2 terms. 

3 ‘‘(m) AVAILABILITY OF AMOUNTS.— 

4 ‘‘(1) IN GENERAL.—An amount made available 

5 or appropriated for a new fixed guideway capital 

6 project or core capacity improvement project shall re7 main available to that project for 5 fiscal years, in8 cluding the fiscal year in which the amount is made 

9 available or appropriated. Any amounts that are un10 obligated to the project at the end of the 5-fiscal-year 

11 period may be used by the Secretary for any purpose 

12 under this section. 

13 ‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An 

14 amount available under this section that is 

15 deobligated may be used for any purpose under this 

16 section. 

17 ‘‘(n) REPORTS ON NEW FIXED GUIDEWAY AND CORE

18 CAPACITY IMPROVEMENT PROJECTS.— 

19 ‘‘(1) ANNUAL REPORT ON FUNDING REC20 OMMENDATIONS.—Not later than the first Monday in 

21 February of each year, the Secretary shall submit to 

22 the Committee on Banking, Housing, and Urban Af23 fairs and the Committee on Appropriations of the 

24 Senate and the Committee on Transportation and In-
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1 frastructure and the Committee on Appropriations of 

2 the House of Representatives a report that includes— 

3 ‘‘(A) a proposal of allocations of amounts to 

4 be available to finance grants for projects under 

5 this section among applicants for these amounts; 

6 ‘‘(B) evaluations and ratings, as required 

7 under subsections (d), (e), and (h), for each such 

8 project that is in project development, engineer9 ing, or has received a full funding grant agree10 ment; and 

11 ‘‘(C) recommendations of such projects for 

12 funding based on the evaluations and ratings 

13 and on existing commitments and anticipated 

14 funding levels for the next 3 fiscal years based on 

15 information currently available to the Secretary. 

16 ‘‘(2) REPORTS ON BEFORE AND AFTER STUD17 IES.—Not later than the first Monday in August of 

18 each year, the Secretary shall submit to the commit19 tees described in paragraph (1) a report containing 

20 a summary of the results of any studies conducted 

21 under subsection (j)(2)(E). 

22 ‘‘(3) ANNUAL GAO REVIEW.—The Comptroller 

23 General of the United States shall— 

24 ‘‘(A) conduct an annual review of— 
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1 ‘‘(i) the processes and procedures for 

2 evaluating, rating, and recommending new 

3 fixed guideway capital projects and core ca4 pacity improvement projects; and 

5 ‘‘(ii) the Secretary’s implementation of 

6 such processes and procedures; and 

7 ‘‘(B) report to Congress on the results of 

8 such review by May 31 of each year.’’. 

9 (b) PILOT PROGRAM FOR EXPEDITED PROJECT DELIV10 ERY.— 

11 (1) DEFINITIONS.—In this subsection the fol12 lowing definitions shall apply: 

13 (A) ELIGIBLE PROJECT.—The term ‘‘eligible 

14 project’’ means a new fixed guideway capital 

15 project or a core capacity improvement project, 

16 as those terms are defined in section 5309 of title 

17 49, United States Code, as amended by this sec18 tion, that has not entered into a full funding 

19 grant agreement with the Federal Transit Ad20 ministration before the date of enactment of the 

21 Federal Public Transportation Act of 2012. 

22 (B) PROGRAM.—The term ‘‘program’’ 

23 means the pilot program for expedited project de24 livery established under this subsection. 
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1 (C) RECIPIENT.—The term ‘‘recipient’’ 

2 means a recipient of funding under chapter 53 

3 of title 49, United States Code. 

4 (D) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of Transportation. 

6 (2) ESTABLISHMENT.—The Secretary shall estab7 lish and implement a pilot program to demonstrate 

8 whether innovative project development and delivery 

9 methods or innovative financing arrangements can 

10 expedite project delivery for certain meritorious new 

11 fixed guideway capital projects and core capacity im12 provement projects. 

13 (3) LIMITATION ON NUMBER OF PROJECTS.—The 

14 Secretary shall select 3 eligible projects to participate 

15 in the program, of which— 

16 (A) at least 1 shall be an eligible project re17 questing more than $100,000,000 in Federal fi18 nancial assistance under section 5309 of title 49, 

19 United States Code; and 

20 (B) at least 1 shall be an eligible project re21 questing less than $100,000,000 in Federal fi22 nancial assistance under section 5309 of title 49, 

23 United States Code. 
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1 (4) GOVERNMENT SHARE.—The Government 

2 share of the total cost of an eligible project that par3 ticipates in the program may not exceed 50 percent. 

4 (5) ELIGIBILITY.—A recipient that desires to 

5 participate in the program shall submit to the Sec6 retary an application that contains, at a minimum— 

7 (A) identification of an eligible project; 

8 (B) a schedule and finance plan for the con9 struction and operation of the eligible project; 

10 (C) an analysis of the efficiencies of the pro11 posed project development and delivery methods 

12 or innovative financing arrangement for the eli13 gible project; and 

14 (D) a certification that the recipient’s exist15 ing public transportation system is in a state of 

16 good repair. 

17 (6) SELECTION CRITERIA.—The Secretary may 

18 award a full funding grant agreement under this sub19 section if the Secretary determines that— 

20 (A) the recipient has completed planning 

21 and the activities required under the National 

22 Environmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.); and 
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1 (B) the recipient has the necessary legal, fi2 nancial, and technical capacity to carry out the 

3 eligible project. 

4 (7) BEFORE AND AFTER STUDY AND REPORT.— 

5 (A) STUDY REQUIRED.—A full funding 

6 grant agreement under this paragraph shall re7 quire a recipient to conduct a study that— 

8 (i) describes and analyzes the impacts 

9 of the eligible project on public transpor10 tation services and public transportation 

11 ridership; 

12 (ii) describes and analyzes the consist13 ency of predicted and actual benefits and 

14 costs of the innovative project development 

15 and delivery methods or innovative financ16 ing for the eligible project; and 

17 (iii) identifies reasons for any dif18 ferences between predicted and actual out19 comes for the eligible project. 

20 (B) SUBMISSION OF REPORT.—Not later 

21 than 9 months after an eligible project selected to 

22 participate in the program begins revenue oper23 ations, the recipient shall submit to the Sec24 retary a report on the results of the study under 

25 subparagraph (A). 
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1 SEC. 20011. FORMULA GRANTS FOR THE ENHANCED MOBIL2 ITY OF SENIORS AND INDIVIDUALS WITH DIS3 ABILITIES. 

4 Section 5310 of title 49, United States Code, is amend5 ed to read as follows: 

6 ‘‘§ 5310. Formula grants for the enhanced mobility of 

7 seniors and individuals with disabilities 

8 ‘‘(a) DEFINITIONS.—In this section, the following defi9 nitions shall apply: 

10 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

11 designated recipient or a State that receives a grant 

12 under this section directly. 

13 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

14 means a State or local governmental authority, non15 profit organization, or operator of public transpor16 tation that receives a grant under this section indi17 rectly through a recipient. 

18 ‘‘(b) GENERAL AUTHORITY.— 

19 ‘‘(1) GRANTS.—The Secretary may make grants 

20 under this section to recipients for— 

21 ‘‘(A) public transportation capital projects 

22 planned, designed, and carried out to meet the 

23 special needs of seniors and individuals with dis24 abilities when public transportation is insuffi25 cient, inappropriate, or unavailable; 
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1 ‘‘(B) public transportation projects that ex2 ceed the requirements of the Americans with Dis3 abilities Act of 1990 (42 U.S.C. 12101 et seq.); 

4 ‘‘(C) public transportation projects that im5 prove access to fixed route service and decrease 

6 reliance by individuals with disabilities on com7 plementary paratransit; and 

8 ‘‘(D) alternatives to public transportation 

9 that assist seniors and individuals with disabil10 ities with transportation. 

11 ‘‘(2) LIMITATIONS FOR CAPITAL PROJECTS.— 

12 ‘‘(A) AMOUNT AVAILABLE.—The amount 

13 available for capital projects under paragraph 

14 (1)(A) shall be not less than 55 percent of the 

15 funds apportioned to the recipient under this sec16 tion. 

17 ‘‘(B) ALLOCATION TO SUBRECIPIENTS.—A 

18 recipient of a grant under paragraph (1)(A) 

19 may allocate the amounts provided under the 

20 grant to— 

21 ‘‘(i) a nonprofit organization; or 

22 ‘‘(ii) a State or local governmental au23 thority that— 
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1 ‘‘(I) is approved by a State to co2 ordinate services for seniors and indi3 viduals with disabilities; or 

4 ‘‘(II) certifies that there are no 

5 nonprofit organizations readily avail6 able in the area to provide the services 

7 described in paragraph (1)(A). 

8 ‘‘(3) ADMINISTRATIVE EXPENSES.— 

9 ‘‘(A) IN GENERAL.—A recipient may use 

10 not more than 10 percent of the amounts appor11 tioned to the recipient under this section to ad12 minister, plan, and provide technical assistance 

13 for a project funded under this section. 

14 ‘‘(B) GOVERNMENT SHARE OF COSTS.—The 

15 Government share of the costs of administering a 

16 program carried out using funds under this sec17 tion shall be 100 percent. 

18 ‘‘(4) ELIGIBLE CAPITAL EXPENSES.—The acqui19 sition of public transportation services is an eligible 

20 capital expense under this section. 

21 ‘‘(5) COORDINATION.— 

22 ‘‘(A) DEPARTMENT OF TRANSPORTATION.— 

23 To the maximum extent feasible, the Secretary 

24 shall coordinate activities under this section with 
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1 related activities under other Federal depart2 ments and agencies. 

3 ‘‘(B) OTHER FEDERAL AGENCIES AND NON4 PROFIT ORGANIZATIONS.—A State or local gov5 ernmental authority or nonprofit organization 

6 that receives assistance from Government sources 

7 (other than the Department of Transportation) 

8 for nonemergency transportation services shall— 

9 ‘‘(i) participate and coordinate with 

10 recipients of assistance under this chapter 

11 in the design and delivery of transportation 

12 services; and 

13 ‘‘(ii) participate in the planning for 

14 the transportation services described in 

15 clause (i). 

16 ‘‘(6) PROGRAM OF PROJECTS.— 

17 ‘‘(A) IN GENERAL.—Amounts made avail18 able to carry out this section may be used for 

19 transportation projects to assist in providing 

20 transportation services for seniors and individ21 uals with disabilities, if such transportation 

22 projects are included in a program of projects. 

23 ‘‘(B) SUBMISSION.—A recipient shall annu24 ally submit a program of projects to the Sec25 retary. 
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1 ‘‘(C) ASSURANCE.—The program of projects 

2 submitted under subparagraph (B) shall contain 

3 an assurance that the program provides for the 

4 maximum feasible coordination of transportation 

5 services assisted under this section with trans6 portation services assisted by other Government 

7 sources. 

8 ‘‘(7) MEAL DELIVERY FOR HOMEBOUND INDIVID9 UALS.—A public transportation service provider that 

10 receives assistance under this section or section 

11 5311(c) may coordinate and assist in regularly pro12 viding meal delivery service for homebound individ13 uals, if the delivery service does not conflict with pro14 viding public transportation service or reduce service 

15 to public transportation passengers. 

16 ‘‘(c) APPORTIONMENT AND TRANSFERS.— 

17 ‘‘(1) FORMULA.—The Secretary shall apportion 

18 amounts made available to carry out this section as 

19 follows: 

20 ‘‘(A) LARGE URBANIZED AREAS.—Sixty 

21 percent of the funds shall be apportioned among 

22 designated recipients for urbanized areas with a 

23 population of 200,000 or more individuals, as 

24 determined by the Bureau of the Census, in the 

25 ratio that— 
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1 ‘‘(i) the number of seniors and individ2 uals with disabilities in each such urban3 ized area; bears to 

4 ‘‘(ii) the number of seniors and indi5 viduals with disabilities in all such urban6 ized areas. 

7 ‘‘(B) SMALL URBANIZED AREAS.—Twenty 

8 percent of the funds shall be apportioned among 

9 the States in the ratio that— 

10 ‘‘(i) the number of seniors and individ11 uals with disabilities in urbanized areas 

12 with a population of fewer than 200,000 in13 dividuals, as determined by the Bureau of 

14 the Census, in each State; bears to 

15 ‘‘(ii) the number of seniors and indi16 viduals with disabilities in urbanized areas 

17 with a population of fewer than 200,000 in18 dividuals, as determined by the Bureau of 

19 the Census, in all States. 

20 ‘‘(C) OTHER THAN URBANIZED AREAS.— 

21 Twenty percent of the funds shall be apportioned 

22 among the States in the ratio that— 

23 ‘‘(i) the number of seniors and individ24 uals with disabilities in other than urban25 ized areas in each State; bears to 
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1 ‘‘(ii) the number of seniors and indi2 viduals with disabilities in other than ur3 banized areas in all States. 

4 ‘‘(2) AREAS SERVED BY PROJECTS.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B)— 

7 ‘‘(i) funds apportioned under para8 graph (1)(A) shall be used for projects serv9 ing urbanized areas with a population of 

10 200,000 or more individuals, as determined 

11 by the Bureau of the Census; 

12 ‘‘(ii) funds apportioned under para13 graph (1)(B) shall be used for projects serv14 ing urbanized areas with a population of 

15 fewer than 200,000 individuals, as deter16 mined by the Bureau of the Census; and 

17 ‘‘(iii) funds apportioned under para18 graph (1)(C) shall be used for projects serv19 ing other than urbanized areas. 

20 ‘‘(B) EXCEPTIONS.—A State may use funds 

21 apportioned to the State under subparagraph 

22 (B) or (C) of paragraph (1)— 

23 ‘‘(i) for a project serving an area other 

24 than an area specified in subparagraph 

25 (A)(ii) or (A)(iii), as the case may be, if the 
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† HR 4348 EAS 

1 Governor of the State certifies that all of the 

2 objectives of this section are being met in 

3 the area specified in subparagraph (A)(ii) 

4 or (A)(iii); or 

5 ‘‘(ii) for a project anywhere in the 

6 State, if the State has established a state7 wide program for meeting the objectives of 

8 this section. 

9 ‘‘(C) LIMITED TO ELIGIBLE PROJECTS.— 

10 Any funds transferred pursuant to subparagraph 

11 (B) shall be made available only for eligible 

12 projects selected under this section. 

13 ‘‘(D) CONSULTATION.—A recipient may 

14 transfer an amount under subparagraph (B) 

15 only after consulting with responsible local offi16 cials, publicly owned operators of public trans17 portation, and nonprofit providers in the area 

18 for which the amount was originally appor19 tioned. 

20 ‘‘(d) GOVERNMENT SHARE OF COSTS.— 

21 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

22 project under this section shall be in an amount equal 

23 to 80 percent of the net capital costs of the project, 

24 as determined by the Secretary. 
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1 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

2 under this section for operating assistance may not 

3 exceed an amount equal to 50 percent of the net oper4 ating costs of the project, as determined by the Sec5 retary. 

6 ‘‘(3) REMAINDER OF NET COSTS.—The remain7 der of the net costs of a project carried out under this 

8 section— 

9 ‘‘(A) may be provided from an undistrib10 uted cash surplus, a replacement or depreciation 

11 cash fund or reserve, a service agreement with a 

12 State or local social service agency or a private 

13 social service organization, or new capital; and 

14 ‘‘(B) may be derived from amounts appro15 priated or otherwise made available— 

16 ‘‘(i) to a department or agency of the 

17 Government (other than the Department of 

18 Transportation) that are eligible to be ex19 pended for transportation; or 

20 ‘‘(ii) to carry out the Federal lands 

21 highways program under section 204 of title 

22 23, United States Code. 

23 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of 

24 paragraph (3)(B)(i), the prohibition under section 

25 403(a)(5)(C)(vii) of the Social Security Act (42 
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† HR 4348 EAS 

1 U.S.C. 603(a)(5)(C)(vii)) on the use of grant funds 

2 for matching requirements shall not apply to Federal 

3 or State funds to be used for transportation purposes. 

4 ‘‘(e) GRANT REQUIREMENTS.— 

5 ‘‘(1) IN GENERAL.—A grant under this section 

6 shall be subject to the same requirements as a grant 

7 under section 5307, to the extent the Secretary deter8 mines appropriate. 

9 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

10 ‘‘(A) PROJECT SELECTION AND PLAN DE11 VELOPMENT.—Before receiving a grant under 

12 this section, each recipient shall certify that— 

13 ‘‘(i) the projects selected by the recipi14 ent are included in a locally developed, co15 ordinated public transit-human services 

16 transportation plan; 

17 ‘‘(ii) the plan described in clause (i) 

18 was developed and approved through a 

19 process that included participation by sen20 iors, individuals with disabilities, represent21 atives of public, private, and nonprofit 

22 transportation and human services pro23 viders, and other members of the public; and 

24 ‘‘(iii) to the maximum extent feasible, 

25 the services funded under this section will be 
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† HR 4348 EAS 

1 coordinated with transportation services as2 sisted by other Federal departments and 

3 agencies, including any transportation ac4 tivities carried out by a recipient of a grant 

5 from the Department of Health and Human 

6 Services. 

7 ‘‘(B) ALLOCATIONS TO SUBRECIPIENTS.—If 

8 a recipient allocates funds received under this 

9 section to subrecipients, the recipient shall cer10 tify that the funds are allocated on a fair and 

11 equitable basis. 

12 ‘‘(f) COMPETITIVE PROCESS FOR GRANTS TO SUB13 RECIPIENTS.— 

14 ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 

15 funds apportioned under subsection (c)(1)(A) may 

16 conduct, in cooperation with the appropriate metro17 politan planning organization, an areawide solicita18 tion for applications for grants under this section. 

19 ‘‘(2) STATEWIDE SOLICITATIONS.—A recipient of 

20 funds apportioned under subparagraph (B) or (C) of 

21 subsection (c)(1) may conduct a statewide solicitation 

22 for applications for grants under this section. 

23 ‘‘(3) APPLICATION.—If the recipient elects to en24 gage in a competitive process, a recipient or sub25 recipient seeking to receive a grant from funds appor-
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† HR 4348 EAS 

1 tioned under subsection (c) shall submit to the recipi2 ent making the election an application in such form 

3 and in accordance with such requirements as the re4 cipient making the election shall establish. 

5 ‘‘(g) TRANSFERS OF FACILITIES AND EQUIPMENT.— 

6 A recipient may transfer a facility or equipment acquired 

7 using a grant under this section to any other recipient eligi8 ble to receive assistance under this chapter, if— 

9 ‘‘(1) the recipient in possession of the facility or 

10 equipment consents to the transfer; and 

11 ‘‘(2) the facility or equipment will continue to be 

12 used as required under this section. 

13 ‘‘(h) PERFORMANCE MEASURES.— 

14 ‘‘(1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of the Federal Public Transpor16 tation Act of 2012, the Secretary shall issue a final 

17 rule to establish performance measures for grants 

18 under this section. 

19 ‘‘(2) MEASURES.—The performance measures es20 tablished under paragraph (1) shall require the collec21 tion of quantitative and qualitative information, as 

22 available, concerning— 

23 ‘‘(A) modifications to the geographic cov24 erage of transportation service, the quality of 

25 transportation service, or service times that in-
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† HR 4348 EAS 

1 crease the availability of transportation services 

2 for seniors and individuals with disabilities; 

3 ‘‘(B) ridership; 

4 ‘‘(C) accessibility improvements; and 

5 ‘‘(D) other measures, as the Secretary deter6 mines is appropriate. 

7 ‘‘(3) TARGETS.—Not later than 3 months after 

8 the date on which the Secretary issues a final rule 

9 under paragraph (1), and each fiscal year thereafter, 

10 each recipient that receives Federal financial assist11 ance under this section shall establish performance 

12 targets in relation to the performance measures estab13 lished by the Secretary. 

14 ‘‘(4) REPORTS.—Each recipient of Federal fi15 nancial assistance under this section shall submit to 

16 the Secretary an annual report that describes— 

17 ‘‘(A) the progress of the recipient toward 

18 meeting the performance targets established 

19 under paragraph (3) for that fiscal year; and 

20 ‘‘(B) the performance targets established by 

21 the recipient for the subsequent fiscal year.’’. 

22 SEC. 20012. FORMULA GRANTS FOR OTHER THAN URBAN23 IZED AREAS. 

24 (a) IN GENERAL.—Section 5311 of title 49, United 

25 States Code, is amended to read as follows: 
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† HR 4348 EAS 

1 ‘‘§ 5311. Formula grants for other than urbanized 

2 areas 

3 ‘‘(a) DEFINITIONS.—As used in this section, the fol4 lowing definitions shall apply: 

5 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

6 State or Indian tribe that receives a Federal transit 

7 program grant directly from the Government. 

8 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

9 means a State or local governmental authority, a 

10 nonprofit organization, or an operator of public 

11 transportation or intercity bus service that receives 

12 Federal transit program grant funds indirectly 

13 through a recipient. 

14 ‘‘(b) GENERAL AUTHORITY.— 

15 ‘‘(1) GRANTS AUTHORIZED.—Except as provided 

16 by paragraph (2), the Secretary may award grants 

17 under this section to recipients located in areas other 

18 than urbanized areas for— 

19 ‘‘(A) planning, provided that a grant under 

20 this section for planning activities shall be in 

21 addition to funding awarded to a State under 

22 section 5305 for planning activities that are di23 rected specifically at the needs of other than ur24 banized areas in the State; 

25 ‘‘(B) public transportation capital projects; 
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1 ‘‘(C) operating costs of equipment and fa2 cilities for use in public transportation; and 

3 ‘‘(D) the acquisition of public transpor4 tation services, including service agreements with 

5 private providers of public transportation serv6 ice. 

7 ‘‘(2) STATE PROGRAM.— 

8 ‘‘(A) IN GENERAL.—A project eligible for a 

9 grant under this section shall be included in a 

10 State program for public transportation service 

11 projects, including agreements with private pro12 viders of public transportation service. 

13 ‘‘(B) SUBMISSION TO SECRETARY.—Each 

14 State shall submit to the Secretary annually the 

15 program described in subparagraph (A). 

16 ‘‘(C) APPROVAL.—The Secretary may not 

17 approve the program unless the Secretary deter18 mines that— 

19 ‘‘(i) the program provides a fair dis20 tribution of amounts in the State, including 

21 Indian reservations; and 

22 ‘‘(ii) the program provides the max23 imum feasible coordination of public trans24 portation service assisted under this section 
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1 with transportation service assisted by other 

2 Federal sources. 

3 ‘‘(3) RURAL TRANSPORTATION ASSISTANCE PRO4 GRAM.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 carry out a rural transportation assistance pro7 gram in other than urbanized areas. 

8 ‘‘(B) GRANTS AND CONTRACTS.—In car9 rying out this paragraph, the Secretary may use 

10 not more than 2 percent of the amount made 

11 available under section 5338(a)(2)(F) to make 

12 grants and contracts for transportation research, 

13 technical assistance, training, and related sup14 port services in other than urbanized areas. 

15 ‘‘(C) PROJECTS OF A NATIONAL SCOPE.— 

16 Not more than 15 percent of the amounts avail17 able under subparagraph (B) may be used by the 

18 Secretary to carry out projects of a national 

19 scope, with the remaining balance provided to 

20 the States. 

21 ‘‘(4) DATA COLLECTION.—Each recipient under 

22 this section shall submit an annual report to the Sec23 retary containing information on capital investment, 

24 operations, and service provided with funds received 

25 under this section, including— 
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1 ‘‘(A) total annual revenue; 

2 ‘‘(B) sources of revenue; 

3 ‘‘(C) total annual operating costs; 

4 ‘‘(D) total annual capital costs; 

5 ‘‘(E) fleet size and type, and related facili6 ties; 

7 ‘‘(F) vehicle revenue miles; and 

8 ‘‘(G) ridership. 

9 ‘‘(c) APPORTIONMENTS.— 

10 ‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RES11 ERVATIONS.—Of the amounts made available or ap12 propriated for each fiscal year pursuant to section 

13 5338(a)(2)(F) to carry out this paragraph, the fol14 lowing amounts shall be apportioned each fiscal year 

15 for grants to Indian tribes for any purpose eligible 

16 under this section, under such terms and conditions 

17 as may be established by the Secretary: 

18 ‘‘(A) $10,000,000 shall be distributed on a 

19 competitive basis by the Secretary. 

20 ‘‘(B) $20,000,000 shall be apportioned as 

21 formula grants, as provided in subsection (k). 

22 ‘‘(2) APPALACHIAN DEVELOPMENT PUBLIC

23 TRANSPORTATION ASSISTANCE PROGRAM.— 

24 ‘‘(A) DEFINITIONS.—In this paragraph— 
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1 ‘‘(i) the term ‘Appalachian region’ has 

2 the same meaning as in section 14102 of 

3 title 40; and 

4 ‘‘(ii) the term ‘eligible recipient’ means 

5 a State that participates in a program es6 tablished under subtitle IV of title 40. 

7 ‘‘(B) IN GENERAL.—The Secretary shall 

8 carry out a public transportation assistance pro9 gram in the Appalachian region. 

10 ‘‘(C) APPORTIONMENT.—Of amounts made 

11 available or appropriated for each fiscal year 

12 under section 5338(a)(2)(F) to carry out this 

13 paragraph, the Secretary shall apportion funds 

14 to eligible recipients for any purpose eligible 

15 under this section, based on the guidelines estab16 lished under section 9.5(b) of the Appalachian 

17 Regional Commission Code. 

18 ‘‘(D) SPECIAL RULE.—An eligible recipient 

19 may use amounts that cannot be used for oper20 ating expenses under this paragraph for a high21 way project if— 

22 ‘‘(i) that use is approved, in writing, 

23 by the eligible recipient after appropriate 

24 notice and an opportunity for comment and 
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1 appeal are provided to affected public trans2 portation providers; and 

3 ‘‘(ii) the eligible recipient, in approv4 ing the use of amounts under this subpara5 graph, determines that the local transit 

6 needs are being addressed. 

7 ‘‘(3) REMAINING AMOUNTS.— 

8 ‘‘(A) IN GENERAL.—The amounts made 

9 available or appropriated for each fiscal year 

10 pursuant to section 5338(a)(2)(F) that are not 

11 apportioned under paragraph (1) or (2) shall be 

12 apportioned in accordance with this paragraph. 

13 ‘‘(B) APPORTIONMENT BASED ON LAND

14 AREA AND POPULATION IN NONURBANIZED

15 AREAS.— 

16 ‘‘(i) IN GENERAL.—83.15 percent of the 

17 amount described in subparagraph (A) shall 

18 be apportioned to the States in accordance 

19 with this subparagraph. 

20 ‘‘(ii) LAND AREA.— 

21 ‘‘(I) IN GENERAL.—Subject to 

22 subclause (II), each State shall receive 

23 an amount that is equal to 20 percent 

24 of the amount apportioned under 

25 clause (i), multiplied by the ratio of 
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1 the land area in areas other than ur2 banized areas in that State and di3 vided by the land area in all areas 

4 other than urbanized areas in the 

5 United States, as shown by the most 

6 recent decennial census of population. 

7 ‘‘(II) MAXIMUM APPORTION8 MENT.—No State shall receive more 

9 than 5 percent of the amount appor10 tioned under subclause (I). 

11 ‘‘(iii) POPULATION.—Each State shall 

12 receive an amount equal to 80 percent of the 

13 amount apportioned under clause (i), mul14 tiplied by the ratio of the population of 

15 areas other than urbanized areas in that 

16 State and divided by the population of all 

17 areas other than urbanized areas in the 

18 United States, as shown by the most recent 

19 decennial census of population. 

20 ‘‘(C) APPORTIONMENT BASED ON LAND

21 AREA, VEHICLE REVENUE MILES, AND LOW-IN22 COME INDIVIDUALS IN NONURBANIZED AREAS.— 

23 ‘‘(i) IN GENERAL.—16.85 percent of the 

24 amount described in subparagraph (A) shall 
815 

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1 be apportioned to the States in accordance 

2 with this subparagraph. 

3 ‘‘(ii) LAND AREA.—Subject to clause 

4 (v), each State shall receive an amount that 

5 is equal to 29.68 percent of the amount ap6 portioned under clause (i), multiplied by 

7 the ratio of the land area in areas other 

8 than urbanized areas in that State and di9 vided by the land area in all areas other 

10 than urbanized areas in the United States, 

11 as shown by the most recent decennial cen12 sus of population. 

13 ‘‘(iii) VEHICLE REVENUE MILES.— 

14 Subject to clause (v), each State shall re15 ceive an amount that is equal to 29.68 per16 cent of the amount apportioned under 

17 clause (i), multiplied by the ratio of vehicle 

18 revenue miles in areas other than urbanized 

19 areas in that State and divided by the vehi20 cle revenue miles in all areas other than ur21 banized areas in the United States, as de22 termined by national transit database re23 porting. 

24 ‘‘(iv) LOW-INCOME INDIVIDUALS.— 

25 Each State shall receive an amount that is 
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1 equal to 40.64 percent of the amount appor2 tioned under clause (i), multiplied by the 

3 ratio of low-income individuals in areas 

4 other than urbanized areas in that State 

5 and divided by the number of low-income 

6 individuals in all areas other than urban7 ized areas in the United States, as shown 

8 by the Bureau of the Census. 

9 ‘‘(v) MAXIMUM APPORTIONMENT.—No 

10 State shall receive— 

11 ‘‘(I) more than 5 percent of the 

12 amount apportioned under clause (ii); 

13 or 

14 ‘‘(II) more than 5 percent of the 

15 amount apportioned under clause (iii). 

16 ‘‘(d) USE FOR LOCAL TRANSPORTATION SERVICE.—A 

17 State may use an amount apportioned under this section 

18 for a project included in a program under subsection (b) 

19 of this section and eligible for assistance under this chapter 

20 if the project will provide local transportation service, as 

21 defined by the Secretary of Transportation, in an area other 

22 than an urbanized area. 

23 ‘‘(e) USE FOR ADMINISTRATION, PLANNING, AND

24 TECHNICAL ASSISTANCE.—The Secretary may allow a 

25 State to use not more than 15 percent of the amount appor-
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1 tioned under this section to administer this section and pro2 vide technical assistance to a subrecipient, including project 

3 planning, program and management development, coordi4 nation of public transportation programs, and research the 

5 State considers appropriate to promote effective delivery of 

6 public transportation to an area other than an urbanized 

7 area. 

8 ‘‘(f) INTERCITY BUS TRANSPORTATION.— 

9 ‘‘(1) IN GENERAL.—A State shall expend at least 

10 15 percent of the amount made available in each fis11 cal year to carry out a program to develop and sup12 port intercity bus transportation. Eligible activities 

13 under the program include— 

14 ‘‘(A) planning and marketing for intercity 

15 bus transportation; 

16 ‘‘(B) capital grants for intercity bus shel17 ters; 

18 ‘‘(C) joint-use stops and depots; 

19 ‘‘(D) operating grants through purchase-of20 service agreements, user-side subsidies, and dem21 onstration projects; and 

22 ‘‘(E) coordinating rural connections be23 tween small public transportation operations 

24 and intercity bus carriers. 
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1 ‘‘(2) CERTIFICATION.—A State does not have to 

2 comply with paragraph (1) of this subsection in a fis3 cal year in which the Governor of the State certifies 

4 to the Secretary, after consultation with affected 

5 intercity bus service providers, that the intercity bus 

6 service needs of the State are being met adequately. 

7 ‘‘(g) ACCESS TO JOBS PROJECTS.— 

8 ‘‘(1) IN GENERAL.—Amounts made available 

9 under section 5338(a)(2)(F) may be used to carry out 

10 a program to develop and maintain job access 

11 projects. Eligible projects may include— 

12 ‘‘(A) projects relating to the development 

13 and maintenance of public transportation serv14 ices designed to transport eligible low-income in15 dividuals to and from jobs and activities related 

16 to their employment, including— 

17 ‘‘(i) public transportation projects to 

18 finance planning, capital, and operating 

19 costs of providing access to jobs under this 

20 chapter; 

21 ‘‘(ii) promoting public transportation 

22 by low-income workers, including the use of 

23 public transportation by workers with non24 traditional work schedules; 
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1 ‘‘(iii) promoting the use of transit 

2 vouchers for welfare recipients and eligible 

3 low-income individuals; and 

4 ‘‘(iv) promoting the use of employer5 provided transportation, including the tran6 sit pass benefit program under section 132 

7 of the Internal Revenue Code of 1986; and 

8 ‘‘(B) transportation projects designed to 

9 support the use of public transportation includ10 ing— 

11 ‘‘(i) enhancements to existing public 

12 transportation service for workers with non13 traditional hours or reverse commutes; 

14 ‘‘(ii) guaranteed ride home programs; 

15 ‘‘(iii) bicycle storage facilities; and 

16 ‘‘(iv) projects that otherwise facilitate 

17 the provision of public transportation serv18 ices to employment opportunities. 

19 ‘‘(2) PROJECT SELECTION AND PLAN DEVELOP20 MENT.—Each grant recipient under this subsection 

21 shall certify that— 

22 ‘‘(A) the projects selected were included in a 

23 locally developed, coordinated public transit24 human services transportation plan; 
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1 ‘‘(B) the plan was developed and approved 

2 through a process that included participation by 

3 low-income individuals, representatives of public, 

4 private, and nonprofit transportation and 

5 human services providers, and the public; 

6 ‘‘(C) to the maximum extent feasible, serv7 ices funded under this subsection are coordinated 

8 with transportation services funded by other 

9 Federal departments and agencies; and 

10 ‘‘(D) allocations of the grant to subrecipi11 ents, if any, are distributed on a fair and equi12 table basis. 

13 ‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO

14 SUBRECIPIENTS.— 

15 ‘‘(A) STATEWIDE SOLICITATIONS.—A State 

16 may conduct a statewide solicitation for applica17 tions for grants to recipients and subrecipients 

18 under this subsection. 

19 ‘‘(B) APPLICATION.—If the State elects to 

20 engage in a competitive process, recipients and 

21 subrecipients seeking to receive a grant from ap22 portioned funds shall submit to the State an ap23 plication in the form and in accordance with 

24 such requirements as the State shall establish. 

25 ‘‘(h) GOVERNMENT SHARE OF COSTS.— 
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1 ‘‘(1) CAPITAL PROJECTS.— 

2 ‘‘(A) IN GENERAL.—Except as provided by 

3 subparagraph (B), a grant awarded under this 

4 section for a capital project or project adminis5 trative expenses shall be for 80 percent of the net 

6 costs of the project, as determined by the Sec7 retary. 

8 ‘‘(B) EXCEPTION.—A State described in sec9 tion 120(b) of title 23 shall receive a Government 

10 share of the net costs in accordance with the for11 mula under that section. 

12 ‘‘(2) OPERATING ASSISTANCE.— 

13 ‘‘(A) IN GENERAL.—Except as provided by 

14 subparagraph (B), a grant made under this sec15 tion for operating assistance may not exceed 50 

16 percent of the net operating costs of the project, 

17 as determined by the Secretary. 

18 ‘‘(B) EXCEPTION.—A State described in sec19 tion 120(b) of title 23 shall receive a Government 

20 share of the net operating costs equal to 62.5 per21 cent of the Government share provided for under 

22 paragraph (1)(B). 

23 ‘‘(3) REMAINDER.—The remainder of net project 

24 costs— 
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1 ‘‘(A) may be provided from an undistrib2 uted cash surplus, a replacement or depreciation 

3 cash fund or reserve, a service agreement with a 

4 State or local social service agency or a private 

5 social service organization, or new capital; 

6 ‘‘(B) may be derived from amounts appro7 priated or otherwise made available to a depart8 ment or agency of the Government (other than 

9 the Department of Transportation) that are eli10 gible to be expended for transportation; and 

11 ‘‘(C) notwithstanding subparagraph (B), 

12 may be derived from amounts made available to 

13 carry out the Federal lands highway program es14 tablished by section 204 of title 23. 

15 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes of 

16 paragraph (3)(B), the prohibitions on the use of funds 

17 for matching requirements under section 

18 403(a)(5)(C)(vii) of the Social Security Act (42 

19 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 

20 or State funds to be used for transportation purposes. 

21 ‘‘(5) LIMITATION ON OPERATING ASSISTANCE.— 

22 A State carrying out a program of operating assist23 ance under this section may not limit the level or ex24 tent of use of the Government grant for the payment 

25 of operating expenses. 
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1 ‘‘(i) TRANSFER OF FACILITIES AND EQUIPMENT.— 

2 With the consent of the recipient currently having a facility 

3 or equipment acquired with assistance under this section, 

4 a State may transfer the facility or equipment to any re5 cipient eligible to receive assistance under this chapter if 

6 the facility or equipment will continue to be used as re7 quired under this section. 

8 ‘‘(j) RELATIONSHIP TO OTHER LAWS.— 

9 ‘‘(1) IN GENERAL.—Section 5333(b) applies to 

10 this section if the Secretary of Labor utilizes a special 

11 warranty that provides a fair and equitable arrange12 ment to protect the interests of employees. 

13 ‘‘(2) RULE OF CONSTRUCTION.—This subsection 

14 does not affect or discharge a responsibility of the 

15 Secretary of Transportation under a law of the 

16 United States. 

17 ‘‘(k) FORMULA GRANTS FOR PUBLIC TRANSPORTATION

18 ON INDIAN RESERVATIONS.— 

19 ‘‘(1) APPORTIONMENT.— 

20 ‘‘(A) IN GENERAL.—Of the amounts de21 scribed in subsection (c)(1)(B)— 

22 ‘‘(i) 50 percent of the total amount 

23 shall be apportioned so that each Indian 

24 tribe providing public transportation serv25 ice shall receive an amount equal to the 
824 

† HR 4348 EAS 

1 total amount apportioned under this clause 

2 multiplied by the ratio of the number of ve3 hicle revenue miles provided by an Indian 

4 tribe divided by the total number of vehicle 

5 revenue miles provided by all Indian tribes, 

6 as reported to the Secretary; 

7 ‘‘(ii) 25 percent of the total amount 

8 shall be apportioned equally among each In9 dian tribe providing at least 200,000 vehicle 

10 revenue miles of public transportation serv11 ice annually, as reported to the Secretary; 

12 and 

13 ‘‘(iii) 25 percent of the total amount 

14 shall be apportioned among each Indian 

15 tribe providing public transportation on 

16 tribal lands on which more than 1,000 low17 income individuals reside (as determined by 

18 the Bureau of the Census) so that each In19 dian tribe shall receive an amount equal to 

20 the total amount apportioned under this 

21 clause multiplied by the ratio of the number 

22 of low-income individuals residing on an 

23 Indian tribe’s lands divided by the total 

24 number of low-income individuals on tribal 
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† HR 4348 EAS 

1 lands on which more than 1,000 low-income 

2 individuals reside. 

3 ‘‘(B) LIMITATION.—No recipient shall re4 ceive more than $300,000 of the amounts appor5 tioned under subparagraph (A)(iii) in a fiscal 

6 year. 

7 ‘‘(C) REMAINING AMOUNTS.—Of the 

8 amounts made available under subparagraph 

9 (A)(iii), any amounts not apportioned under 

10 that subparagraph shall be allocated among In11 dian tribes receiving less than $300,000 in a fis12 cal year according to the formula specified in 

13 that clause. 

14 ‘‘(D) LOW-INCOME INDIVIDUALS.—For pur15 poses of subparagraph (A)(iii), the term ‘low-in16 come individual’ means an individual whose 

17 family income is at or below 100 percent of the 

18 poverty line, as that term is defined in section 

19 673(2) of the Community Services Block Grant 

20 Act (42 U.S.C. 9902(2)), including any revision 

21 required by that section, for a family of the size 

22 involved. 

23 ‘‘(2) NON-TRIBAL SERVICE PROVIDERS.—A re24 cipient that is an Indian tribe may use funds appor25 tioned under this subsection to finance public trans-
826 

† HR 4348 EAS 

1 portation services provided by a non-tribal provider 

2 of public transportation that connects residents of 

3 tribal lands with surrounding communities, improves 

4 access to employment or healthcare, or otherwise ad5 dresses the mobility needs of tribal members.’’. 

6 (b) PILOT PROGRAM FOR INTERCITY BUS SERVICE.— 

7 (1) DEFINITIONS.—In this subsection, the fol8 lowing definitions shall apply: 

9 (A) ELIGIBLE PROJECT.—The term ‘‘eligible 

10 project’’ means an intercity bus project eligible 

11 under section 5311(f) of title 49, United States 

12 Code, as amended by this section, that includes 

13 both feeder service and an unsubsidized segment 

14 of the intercity bus network to which it connects. 

15 (B) FEEDER SERVICE.—The term ‘‘feeder 

16 service’’ means the provision of intercity connec17 tions to allow for the coordination of rural con18 nections between small public transportation sys19 tems and providers of intercity bus service. 

20 (C) INTERCITY BUS SERVICE.—The term 

21 ‘‘intercity bus service’’ means regularly scheduled 

22 bus service provided by private operators for the 

23 general public that operates with limited stops 

24 over fixed routes connecting two or more urban 

25 areas not in close proximity, that has the capac-
827 

† HR 4348 EAS 

1 ity for transporting baggage carried by pas2 sengers, and that makes meaningful connections 

3 with scheduled intercity bus service to more dis4 tant points, if such service is available. 

5 (D) SECRETARY.—The term ‘‘Secretary’’ 

6 means the Secretary of Transportation. 

7 (2) IN-KIND MATCH.—The Secretary shall estab8 lish a pilot program under which the Secretary may 

9 allow not more than 20 States using funding pro10 vided to carry out section 5311(f) of title 49, United 

11 States Code, as amended by this section, to support 

12 intercity bus service using the capital costs of unsub13 sidized service provided by a private operator as in14 kind match for an eligible project. 

15 (3) STUDY.—The Comptroller General of the 

16 United States shall conduct a study not later than 1 

17 year after the date of enactment of this Act to deter18 mine the efficacy of the pilot program in improving 

19 and expanding intercity bus service and the effect of 

20 the pilot program on public transportation providers 

21 and the commuting public. 

22 SEC. 20013. RESEARCH, DEVELOPMENT, DEMONSTRATION, 

23 AND DEPLOYMENT PROJECTS. 

24 Section 5312 of title 49, United States Code, is amend25 ed to read as follows: 
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1 ‘‘§ 5312. Research, development, demonstration, and 

2 deployment projects 

3 ‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRATION, 

4 AND DEPLOYMENT PROJECTS.— 

5 ‘‘(1) IN GENERAL.—The Secretary may make 

6 grants and enter into contracts, cooperative agree7 ments, and other agreements for research, develop8 ment, demonstration, and deployment projects, and 

9 evaluation of research and technology of national sig10 nificance to public transportation, that the Secretary 

11 determines will improve public transportation. 

12 ‘‘(2) AGREEMENTS.—In order to carry out para13 graph (1), the Secretary may make grants to and 

14 enter into contracts, cooperative agreements, and 

15 other agreements with— 

16 ‘‘(A) departments, agencies, and instrumen17 talities of the Government; 

18 ‘‘(B) State and local governmental entities; 

19 ‘‘(C) providers of public transportation; 

20 ‘‘(D) private or non-profit organizations; 

21 ‘‘(E) institutions of higher education; and 

22 ‘‘(F) technical and community colleges. 

23 ‘‘(3) APPLICATION.— 

24 ‘‘(A) IN GENERAL.—To receive a grant, con25 tract, cooperative agreement, or other agreement 

26 under this section, an entity described in para-
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1 graph (2) shall submit an application to the Sec2 retary. 

3 ‘‘(B) FORM AND CONTENTS.—An applica4 tion under subparagraph (A) shall be in such 

5 form and contain such information as the Sec6 retary may require, including— 

7 ‘‘(i) a statement of purpose detailing 

8 the need being addressed; 

9 ‘‘(ii) the short- and long-term goals of 

10 the project, including opportunities for fu11 ture innovation and development, the poten12 tial for deployment, and benefits to riders 

13 and public transportation; and 

14 ‘‘(iii) the short- and long-term funding 

15 requirements to complete the project and 

16 any future objectives of the project. 

17 ‘‘(b) RESEARCH.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make a 

19 grant to or enter into a contract, cooperative agree20 ment, or other agreement under this section with an 

21 entity described in subsection (a)(2) to carry out a 

22 public transportation research project that has as its 

23 ultimate goal the development and deployment of new 

24 and innovative ideas, practices, and approaches. 
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1 ‘‘(2) PROJECT ELIGIBILITY.—A public transpor2 tation research project that receives assistance under 

3 paragraph (1) shall focus on— 

4 ‘‘(A) providing more effective and efficient 

5 public transportation service, including services 

6 to— 

7 ‘‘(i) seniors; 

8 ‘‘(ii) individuals with disabilities; and 

9 ‘‘(iii) low-income individuals; 

10 ‘‘(B) mobility management and improve11 ments and travel management systems; 

12 ‘‘(C) data and communication system ad13 vancements; 

14 ‘‘(D) system capacity, including— 

15 ‘‘(i) train control; 

16 ‘‘(ii) capacity improvements; and 

17 ‘‘(iii) performance management; 

18 ‘‘(E) capital and operating efficiencies; 

19 ‘‘(F) planning and forecasting modeling 

20 and simulation; 

21 ‘‘(G) advanced vehicle design; 

22 ‘‘(H) advancements in vehicle technology; 

23 ‘‘(I) asset maintenance and repair systems 

24 advancement; 

25 ‘‘(J) construction and project management; 
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† HR 4348 EAS 

1 ‘‘(K) alternative fuels; 

2 ‘‘(L) the environment and energy efficiency; 

3 ‘‘(M) safety improvements; or 

4 ‘‘(N) any other area that the Secretary de5 termines is important to advance the interests of 

6 public transportation. 

7 ‘‘(c) INNOVATION AND DEVELOPMENT.— 

8 ‘‘(1) IN GENERAL.—The Secretary may make a 

9 grant to or enter into a contract, cooperative agree10 ment, or other agreement under this section with an 

11 entity described in subsection (a)(2) to carry out a 

12 public transportation innovation and development 

13 project that seeks to improve public transportation 

14 systems nationwide in order to provide more efficient 

15 and effective delivery of public transportation serv16 ices, including through technology and technological 

17 capacity improvements. 

18 ‘‘(2) PROJECT ELIGIBILITY.—A public transpor19 tation innovation and development project that re20 ceives assistance under paragraph (1) shall focus 

21 on— 

22 ‘‘(A) the development of public transpor23 tation research projects that received assistance 

24 under subsection (b) that the Secretary deter25 mines were successful; 
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1 ‘‘(B) planning and forecasting modeling 

2 and simulation; 

3 ‘‘(C) capital and operating efficiencies; 

4 ‘‘(D) advanced vehicle design; 

5 ‘‘(E) advancements in vehicle technology; 

6 ‘‘(F) the environment and energy efficiency; 

7 ‘‘(G) system capacity, including train con8 trol and capacity improvements; or 

9 ‘‘(H) any other area that the Secretary de10 termines is important to advance the interests of 

11 public transportation. 

12 ‘‘(d) DEMONSTRATION, DEPLOYMENT, AND EVALUA13 TION.— 

14 ‘‘(1) IN GENERAL.—The Secretary may, under 

15 terms and conditions that the Secretary prescribes, 

16 make a grant to or enter into a contract, cooperative 

17 agreement, or other agreement with an entity de18 scribed in paragraph (2) to promote the early deploy19 ment and demonstration of innovation in public 

20 transportation that has broad applicability. 

21 ‘‘(2) PARTICIPANTS.—An entity described in this 

22 paragraph is— 

23 ‘‘(A) an entity described in subsection 

24 (a)(2); or 
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† HR 4348 EAS 

1 ‘‘(B) a consortium of entities described in 

2 subsection (a)(2), including a provider of public 

3 transportation, that will share the costs, risks, 

4 and rewards of early deployment and demonstra5 tion of innovation. 

6 ‘‘(3) PROJECT ELIGIBILITY.—A project that re7 ceives assistance under paragraph (1) shall seek to 

8 build on successful research, innovation, and develop9 ment efforts to facilitate— 

10 ‘‘(A) the deployment of research and tech11 nology development resulting from private efforts 

12 or federally funded efforts; and 

13 ‘‘(B) the implementation of research and 

14 technology development to advance the interests 

15 of public transportation. 

16 ‘‘(4) EVALUATION.—Not later than 2 years after 

17 the date on which a project receives assistance under 

18 paragraph (1), the Secretary shall conduct a com19 prehensive evaluation of the success or failure of the 

20 projects funded under this subsection and any plan 

21 for broad-based implementation of the innovation 

22 promoted by successful projects. 

23 ‘‘(e) ANNUAL REPORT ON RESEARCH.—Not later than 

24 the first Monday in February of each year, the Secretary 

25 shall submit to the Committee on Banking, Housing, and 
834 

† HR 4348 EAS 

1 Urban Affairs and the Committee on Appropriations of the 

2 Senate and the Committee on Transportation and Infra3 structure and the Committee on Appropriations of the 

4 House of Representatives a report that includes— 

5 ‘‘(1) a description of each project that received 

6 assistance under this section during the preceding fis7 cal year; 

8 ‘‘(2) an evaluation of each project described in 

9 paragraph (1), including any evaluation conducted 

10 under subsection (d)(4) for the preceding fiscal year; 

11 and 

12 ‘‘(3) a proposal for allocations of amounts for as13 sistance under this section for the subsequent fiscal 

14 year. 

15 ‘‘(f) GOVERNMENT SHARE OF COSTS.— 

16 ‘‘(1) IN GENERAL.—The Government share of the 

17 cost of a project carried out under this section shall 

18 not exceed 80 percent. 

19 ‘‘(2) NON-GOVERNMENT SHARE.—The non-Gov20 ernment share of the cost of a project carried out 

21 under this section may be derived from in-kind con22 tributions. 

23 ‘‘(3) FINANCIAL BENEFIT.—If the Secretary de24 termines that there would be a clear and direct finan25 cial benefit to an entity under a grant, contract, co-
835 

† HR 4348 EAS 

1 operative agreement, or other agreement under this 

2 section, the Secretary shall establish a Government 

3 share of the costs of the project to be carried out under 

4 the grant, contract, cooperative agreement, or other 

5 agreement that is consistent with the benefit.’’. 

6 SEC. 20014. TECHNICAL ASSISTANCE AND STANDARDS DE7 VELOPMENT. 

8 Section 5314 of title 49, United States Code, is amend9 ed to read as follows: 

10 ‘‘§ 5314. Technical assistance and standards develop11 ment 

12 ‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS DE13 VELOPMENT.— 

14 ‘‘(1) IN GENERAL.—The Secretary may make 

15 grants and enter into contracts, cooperative agree16 ments, and other agreements (including agreements 

17 with departments, agencies, and instrumentalities of 

18 the Government) to carry out activities that the Sec19 retary determines will assist recipients of assistance 

20 under this chapter to— 

21 ‘‘(A) more effectively and efficiently provide 

22 public transportation service; 

23 ‘‘(B) administer funds received under this 

24 chapter in compliance with Federal law; and 

25 ‘‘(C) improve public transportation. 
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1 ‘‘(2) ELIGIBLE ACTIVITIES.—The activities car2 ried out under paragraph (1) may include— 

3 ‘‘(A) technical assistance; and 

4 ‘‘(B) the development of standards and best 

5 practices by the public transportation industry. 

6 ‘‘(b) TECHNICAL ASSISTANCE CENTERS.— 

7 ‘‘(1) DEFINITION.—In this subsection, the term 

8 ‘eligible entity’ means a nonprofit organization, an 

9 institution of higher education, or a technical or com10 munity college. 

11 ‘‘(2) IN GENERAL.—The Secretary may make 

12 grants to and enter into contracts, cooperative agree13 ments, and other agreements with eligible entities to 

14 administer centers to provide technical assistance, in15 cluding— 

16 ‘‘(A) the development of tools and guidance; 

17 and 

18 ‘‘(B) the dissemination of best practices. 

19 ‘‘(3) COMPETITIVE PROCESS.—The Secretary 

20 may make grants and enter into contracts, coopera21 tive agreements, and other agreements under para22 graph (2) through a competitive process on a biennial 

23 basis for technical assistance in each of the following 

24 categories: 
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1 ‘‘(A) Human services transportation coordi2 nation, including— 

3 ‘‘(i) transportation for seniors; 

4 ‘‘(ii) transportation for individuals 

5 with disabilities; and 

6 ‘‘(iii) coordination of local resources 

7 and programs to assist low-income individ8 uals and veterans in gaining access to 

9 training and employment opportunities. 

10 ‘‘(B) Transit-oriented development. 

11 ‘‘(C) Transportation equity with regard to 

12 the impact that transportation planning, invest13 ment, and operations have on low-income and 

14 minority individuals. 

15 ‘‘(D) Financing mechanisms, including— 

16 ‘‘(i) public-private partnerships; 

17 ‘‘(ii) bonding; and 

18 ‘‘(iii) State and local capacity build19 ing. 

20 ‘‘(E) Any other activity that the Secretary 

21 determines is important to advance the interests 

22 of public transportation. 

23 ‘‘(4) EXPERTISE OF TECHNICAL ASSISTANCE

24 CENTERS.—In selecting an eligible entity to admin-
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1 ister a center under this subsection, the Secretary 

2 shall consider— 

3 ‘‘(A) the demonstrated subject matter exper4 tise of the eligible entity; and 

5 ‘‘(B) the capacity of the eligible entity to 

6 deliver technical assistance on a regional or na7 tionwide basis. 

8 ‘‘(5) PARTNERSHIPS.—An eligible entity may 

9 partner with another eligible entity to provide tech10 nical assistance under this subsection. 

11 ‘‘(c) GOVERNMENT SHARE OF COSTS.— 

12 ‘‘(1) IN GENERAL.—The Government share of the 

13 cost of an activity under this section may not exceed 

14 80 percent. 

15 ‘‘(2) NON-GOVERNMENT SHARE.—The non-Gov16 ernment share of the cost of an activity under this 

17 section may be derived from in-kind contributions.’’. 

18 SEC. 20015. BUS TESTING FACILITIES. 

19 Section 5318 of title 49, United States Code, is amend20 ed to read as follows: 

21 ‘‘§ 5318. Bus testing facilities 

22 ‘‘(a) FACILITIES.—The Secretary shall certify not 

23 more than 4 comprehensive facilities for testing new bus 

24 models for maintainability, reliability, safety, performance 
839 

† HR 4348 EAS 

1 (including braking performance), structural integrity, fuel 

2 economy, emissions, and noise. 

3 ‘‘(b) COOPERATIVE AGREEMENT.—The Secretary shall 

4 enter into a cooperative agreement with not more than 4 

5 qualified entities to test public transportation vehicles 

6 under subsection (a). 

7 ‘‘(c) FEES.—An entity that operates and maintains 

8 a facility certified under subsection (a) shall establish and 

9 collect reasonable fees for the testing of vehicles at the facil10 ity. The Secretary must approve the fees. 

11 ‘‘(d) AVAILABILITY OF AMOUNTS TO PAY FOR TEST12 ING.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall enter 

14 into a cooperative agreement with an entity that op15 erates and maintains a facility certified under sub16 section (a), under which 80 percent of the fee for test17 ing a vehicle at the facility may be available from 

18 amounts apportioned to a recipient under section 

19 5336 or from amounts appropriated to carry out this 

20 section. 

21 ‘‘(2) PROHIBITION.—An entity that operates and 

22 maintains a facility described in subsection (a) shall 

23 not have a financial interest in the outcome of the 

24 testing carried out at the facility. 
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1 ‘‘(e) ACQUIRING NEW BUS MODELS.—Amounts appro2 priated or made available under this chapter may be obli3 gated or expended to acquire a new bus model only if— 

4 ‘‘(1) a bus of that model has been tested at a fa5 cility described in subsection (a); and 

6 ‘‘(2) the bus tested under paragraph (1) met— 

7 ‘‘(A) performance standards for maintain8 ability, reliability, performance (including brak9 ing performance), structural integrity, fuel econ10 omy, emissions, and noise, as established by the 

11 Secretary by rule; and 

12 ‘‘(B) the minimum safety performance 

13 standards established by the Secretary pursuant 

14 to section 5329(b).’’. 

15 SEC. 20016. PUBLIC TRANSPORTATION WORKFORCE DEVEL16 OPMENT AND HUMAN RESOURCE PROGRAMS. 

17 Section 5322 of title 49, United States Code, is amend18 ed to read as follows: 

19 ‘‘§ 5322. Public transportation workforce development 

20 and human resource programs 

21 ‘‘(a) IN GENERAL.—The Secretary may undertake, or 

22 make grants or enter into contracts for, activities that ad23 dress human resource needs as the needs apply to public 

24 transportation activities, including activities that— 

25 ‘‘(1) educate and train employees; 
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1 ‘‘(2) develop the public transportation workforce 

2 through career outreach and preparation; 

3 ‘‘(3) develop a curriculum for workforce develop4 ment; 

5 ‘‘(4) conduct outreach programs to increase mi6 nority and female employment in public transpor7 tation; 

8 ‘‘(5) conduct research on public transportation 

9 personnel and training needs; 

10 ‘‘(6) provide training and assistance for minor11 ity business opportunities; 

12 ‘‘(7) advance training relating to maintenance of 

13 alternative energy, energy efficiency, or zero emission 

14 vehicles and facilities used in public transportation; 

15 and 

16 ‘‘(8) address a current or projected workforce 

17 shortage in an area that requires technical expertise. 

18 ‘‘(b) FUNDING.— 

19 ‘‘(1) URBANIZED AREA FORMULA GRANTS.—A 

20 recipient or subrecipient of funding under section 

21 5307 shall expend not less than 0.5 percent of such 

22 funding for activities consistent with subsection (a). 

23 ‘‘(2) WAIVER.—The Secretary may waive the re24 quirement under paragraph (1) with respect to a re-
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† HR 4348 EAS 

1 cipient or subrecipient if the Secretary determines 

2 that the recipient or subrecipient— 

3 ‘‘(A) has an adequate workforce development 

4 program; or 

5 ‘‘(B) has partnered with a local educational 

6 institution in a manner that sufficiently pro7 motes or addresses workforce development and 

8 human resource needs. 

9 ‘‘(c) INNOVATIVE PUBLIC TRANSPORTATION WORK10 FORCE DEVELOPMENT PROGRAM.— 

11 ‘‘(1) PROGRAM ESTABLISHED.—The Secretary 

12 shall establish a competitive grant program to assist 

13 the development of innovative activities eligible for as14 sistance under subsection (a). 

15 ‘‘(2) SELECTION OF RECIPIENTS.—To the max16 imum extent feasible, the Secretary shall select recipi17 ents that— 

18 ‘‘(A) are geographically diverse; 

19 ‘‘(B) address the workforce and human re20 sources needs of large public transportation pro21 viders; 

22 ‘‘(C) address the workforce and human re23 sources needs of small public transportation pro24 viders; 
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1 ‘‘(D) address the workforce and human re2 sources needs of urban public transportation pro3 viders; 

4 ‘‘(E) address the workforce and human re5 sources needs of rural public transportation pro6 viders; 

7 ‘‘(F) advance training related to mainte8 nance of alternative energy, energy efficiency, or 

9 zero emission vehicles and facilities used in pub10 lic transportation; 

11 ‘‘(G) target areas with high rates of unem12 ployment; and 

13 ‘‘(H) address current or projected workforce 

14 shortages in areas that require technical exper15 tise. 

16 ‘‘(d) GOVERNMENT’S SHARE OF COSTS.—The Govern17 ment share of the cost of a project carried out using a grant 

18 under this section shall be 50 percent. 

19 ‘‘(e) REPORT.—Not later than 2 years after the date 

20 of enactment of the Federal Public Transportation Act of 

21 2012, the Secretary shall submit to the Committee on Bank22 ing, Housing, and Urban Affairs of the Senate and the 

23 Committee on Transportation and Infrastructure of the 

24 House of Representatives a report concerning the measur-
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1 able outcomes and impacts of the programs funded under 

2 this section.’’. 

3 SEC. 20017. GENERAL PROVISIONS. 

4 Section 5323 of title 49, United States Code, is amend5 ed to read as follows: 

6 ‘‘§ 5323. General provisions 

7 ‘‘(a) INTERESTS IN PROPERTY.— 

8 ‘‘(1) IN GENERAL.—Financial assistance pro9 vided under this chapter to a State or a local govern10 mental authority may be used to acquire an interest 

11 in, or to buy property of, a private company engaged 

12 in public transportation, for a capital project for 

13 property acquired from a private company engaged 

14 in public transportation after July 9, 1964, or to op15 erate a public transportation facility or equipment in 

16 competition with, or in addition to, transportation 

17 service provided by an existing public transportation 

18 company, only if— 

19 ‘‘(A) the Secretary determines that such fi20 nancial assistance is essential to a program of 

21 projects required under sections 5303 and 5304; 

22 ‘‘(B) the Secretary determines that the pro23 gram provides for the participation of private 

24 companies engaged in public transportation to 

25 the maximum extent feasible; and 
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1 ‘‘(C) just compensation under State or local 

2 law will be paid to the company for its franchise 

3 or property. 

4 ‘‘(2) LIMITATION.—A governmental authority 

5 may not use financial assistance of the United States 

6 Government to acquire land, equipment, or a facility 

7 used in public transportation from another govern8 mental authority in the same geographic area. 

9 ‘‘(b) RELOCATION AND REAL PROPERTY REQUIRE10 MENTS.—The Uniform Relocation Assistance and Real 

11 Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 

12 et seq.) shall apply to financial assistance for capital 

13 projects under this chapter. 

14 ‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL, AND EN15 VIRONMENTAL INTERESTS.— 

16 ‘‘(1) COOPERATION AND CONSULTATION.—In car17 rying out the goal described in section 5301(c)(2), the 

18 Secretary shall cooperate and consult with the Sec19 retary of the Interior and the Administrator of the 

20 Environmental Protection Agency on each project 

21 that may have a substantial impact on the environ22 ment. 

23 ‘‘(2) COMPLIANCE WITH NEPA.—The National 

24 Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
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† HR 4348 EAS 

1 seq.) shall apply to financial assistance for capital 

2 projects under this chapter. 

3 ‘‘(d) CORRIDOR PRESERVATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary may assist a 

5 recipient in acquiring right-of-way before the comple6 tion of the environmental reviews for any project that 

7 may use the right-of-way if the acquisition is other8 wise permitted under Federal law. The Secretary may 

9 establish restrictions on such an acquisition as the 

10 Secretary determines to be necessary and appropriate. 

11 ‘‘(2) ENVIRONMENTAL REVIEWS.—Right-of-way 

12 acquired under this subsection may not be developed 

13 in anticipation of the project until all required envi14 ronmental reviews for the project have been completed. 

15 ‘‘(e) CONDITION ON CHARTER BUS TRANSPORTATION

16 SERVICE.— 

17 ‘‘(1) AGREEMENTS.—Financial assistance under 

18 this chapter may be used to buy or operate a bus only 

19 if the applicant, governmental authority, or publicly 

20 owned operator that receives the assistance agrees 

21 that, except as provided in the agreement, the govern22 mental authority or an operator of public transpor23 tation for the governmental authority will not provide 

24 charter bus transportation service outside the urban 

25 area in which it provides regularly scheduled public 
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1 transportation service. An agreement shall provide for 

2 a fair arrangement the Secretary of Transportation 

3 considers appropriate to ensure that the assistance 

4 will not enable a governmental authority or an oper5 ator for a governmental authority to foreclose a pri6 vate operator from providing intercity charter bus 

7 service if the private operator can provide the service. 

8 ‘‘(2) VIOLATIONS.— 

9 ‘‘(A) INVESTIGATIONS.—On receiving a 

10 complaint about a violation of the agreement re11 quired under paragraph (1), the Secretary shall 

12 investigate and decide whether a violation has 

13 occurred. 

14 ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If 

15 the Secretary decides that a violation has oc16 curred, the Secretary shall correct the violation 

17 under terms of the agreement. 

18 ‘‘(C) ADDITIONAL REMEDIES.—In addition 

19 to any remedy specified in the agreement, the 

20 Secretary shall bar a recipient or an operator 

21 from receiving Federal transit assistance in an 

22 amount the Secretary considers appropriate if 

23 the Secretary finds a pattern of violations of the 

24 agreement. 

25 ‘‘(f) BOND PROCEEDS ELIGIBLE FOR LOCAL SHARE.— 
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1 ‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not2 withstanding any other provision of law, a recipient 

3 of assistance under section 5307, 5309, or 5337 may 

4 use the proceeds from the issuance of revenue bonds as 

5 part of the local matching funds for a capital project. 

6 ‘‘(2) MAINTENANCE OF EFFORT.—The Secretary 

7 shall approve of the use of the proceeds from the 

8 issuance of revenue bonds for the remainder of the net 

9 project cost only if the Secretary finds that the aggre10 gate amount of financial support for public transpor11 tation in the urbanized area provided by the State 

12 and affected local governmental authorities during the 

13 next 3 fiscal years, as programmed in the State 

14 transportation improvement program under section 

15 5304, is not less than the aggregate amount provided 

16 by the State and affected local governmental authori17 ties in the urbanized area during the preceding 3 fis18 cal years. 

19 ‘‘(3) DEBT SERVICE RESERVE.—The Secretary 

20 may reimburse an eligible recipient for deposits of 

21 bond proceeds in a debt service reserve that the recipi22 ent establishes pursuant to section 5302(3)(J) from 

23 amounts made available to the recipient under section 

24 5309. 

25 ‘‘(g) SCHOOLBUS TRANSPORTATION.— 
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1 ‘‘(1) AGREEMENTS.—Financial assistance under 

2 this chapter may be used for a capital project, or to 

3 operate public transportation equipment or a public 

4 transportation facility, only if the applicant agrees 

5 not to provide schoolbus transportation that exclu6 sively transports students and school personnel in 

7 competition with a private schoolbus operator. This 

8 subsection does not apply— 

9 ‘‘(A) to an applicant that operates a school 

10 system in the area to be served and a separate 

11 and exclusive schoolbus program for the school 

12 system; and 

13 ‘‘(B) unless a private schoolbus operator can 

14 provide adequate transportation that complies 

15 with applicable safety standards at reasonable 

16 rates. 

17 ‘‘(2) VIOLATIONS.—If the Secretary finds that an 

18 applicant, governmental authority, or publicly owned 

19 operator has violated the agreement required under 

20 paragraph (1), the Secretary shall bar a recipient or 

21 an operator from receiving Federal transit assistance 

22 in an amount the Secretary considers appropriate. 

23 ‘‘(h) BUYING BUSES UNDER OTHER LAWS.—Sub24 sections (e) and (g) of this section apply to financial assist25 ance to buy a bus under sections 133 and 142 of title 23. 
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1 ‘‘(i) GRANT AND LOAN PROHIBITIONS.—A grant or 

2 loan may not be used to— 

3 ‘‘(1) pay ordinary governmental or nonproject 

4 operating expenses; or 

5 ‘‘(2) support a procurement that uses an exclu6 sionary or discriminatory specification. 

7 ‘‘(j) GOVERNMENT SHARE OF COSTS FOR CERTAIN

8 PROJECTS.—A grant for a project to be assisted under this 

9 chapter that involves acquiring vehicle-related equipment or 

10 facilities required by the Americans with Disabilities Act 

11 of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equip12 ment or facilities (including clean fuel or alternative fuel 

13 vehicle-related equipment or facilities) for purposes of com14 plying with or maintaining compliance with the Clean Air 

15 Act, is for 90 percent of the net project cost of such equip16 ment or facilities attributable to compliance with those 

17 Acts. The Secretary shall have discretion to determine, 

18 through practicable administrative procedures, the costs of 

19 such equipment or facilities attributable to compliance with 

20 those Acts. 

21 ‘‘(k) BUY AMERICA.— 

22 ‘‘(1) IN GENERAL.—The Secretary may obligate 

23 an amount that may be appropriated to carry out 

24 this chapter for a project only if the steel, iron, and 
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1 manufactured goods used in the project are produced 

2 in the United States. 

3 ‘‘(2) WAIVER.—The Secretary may waive para4 graph (1) of this subsection if the Secretary finds 

5 that— 

6 ‘‘(A) applying paragraph (1) would be in7 consistent with the public interest; 

8 ‘‘(B) the steel, iron, and goods produced in 

9 the United States are not produced in a suffi10 cient and reasonably available amount or are 

11 not of a satisfactory quality; 

12 ‘‘(C) when procuring rolling stock (includ13 ing train control, communication, and traction 

14 power equipment) under this chapter— 

15 ‘‘(i) the cost of components and sub16 components produced in the United States 

17 is more than 60 percent of the cost of all 

18 components of the rolling stock; and 

19 ‘‘(ii) final assembly of the rolling stock 

20 has occurred in the United States; or 

21 ‘‘(D) including domestic material will in22 crease the cost of the overall project by more than 

23 25 percent. 

24 ‘‘(3) WRITTEN WAIVER DETERMINATION AND AN25 NUAL REPORT.— 
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1 ‘‘(A) WRITTEN DETERMINATION.—Before 

2 issuing a waiver under paragraph (2), the Sec3 retary shall— 

4 ‘‘(i) publish in the Federal Register 

5 and make publicly available in an easily 

6 identifiable location on the website of the 

7 Department of Transportation a detailed 

8 written explanation of the waiver deter9 mination; and 

10 ‘‘(ii) provide the public with a reason11 able period of time for notice and comment. 

12 ‘‘(B) ANNUAL REPORT.—Not later than 1 

13 year after the date of enactment of the Federal 

14 Public Transportation Act of 2012, and annu15 ally thereafter, the Secretary shall submit to the 

16 Committee on Banking, Housing, and Urban Af17 fairs of the Senate and the Committee on Trans18 portation and Infrastructure of the House of 

19 Representatives a report listing any waiver 

20 issued under paragraph (2) during the preceding 

21 year. 

22 ‘‘(4) LABOR COSTS FOR FINAL ASSEMBLY.—In 

23 this subsection, labor costs involved in final assembly 

24 are not included in calculating the cost of compo25 nents. 
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† HR 4348 EAS 

1 ‘‘(5) WAIVER PROHIBITED.—The Secretary may 

2 not make a waiver under paragraph (2) of this sub3 section for goods produced in a foreign country if the 

4 Secretary, in consultation with the United States 

5 Trade Representative, decides that the government of 

6 that foreign country— 

7 ‘‘(A) has an agreement with the United 

8 States Government under which the Secretary 

9 has waived the requirement of this subsection; 

10 and 

11 ‘‘(B) has violated the agreement by dis12 criminating against goods to which this sub13 section applies that are produced in the United 

14 States and to which the agreement applies. 

15 ‘‘(6) PENALTY FOR MISLABELING AND MISREPRE16 SENTATION.—A person is ineligible under subpart 9.4 

17 of the Federal Acquisition Regulation, or any suc18 cessor thereto, to receive a contract or subcontract 

19 made with amounts authorized under the Federal 

20 Public Transportation Act of 2012 if a court or de21 partment, agency, or instrumentality of the Govern22 ment decides the person intentionally— 

23 ‘‘(A) affixed a ‘Made in America’ label, or 

24 a label with an inscription having the same 

25 meaning, to goods sold in or shipped to the 
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† HR 4348 EAS 

1 United States that are used in a project to which 

2 this subsection applies but not produced in the 

3 United States; or 

4 ‘‘(B) represented that goods described in 

5 subparagraph (A) of this paragraph were pro6 duced in the United States. 

7 ‘‘(7) STATE REQUIREMENTS.—The Secretary 

8 may not impose any limitation on assistance pro9 vided under this chapter that restricts a State from 

10 imposing more stringent requirements than this sub11 section on the use of articles, materials, and supplies 

12 mined, produced, or manufactured in foreign coun13 tries in projects carried out with that assistance or 

14 restricts a recipient of that assistance from complying 

15 with those State-imposed requirements. 

16 ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT

17 ERROR.—The Secretary may allow a manufacturer or 

18 supplier of steel, iron, or manufactured goods to cor19 rect after bid opening any certification of noncompli20 ance or failure to properly complete the certification 

21 (but not including failure to sign the certification) 

22 under this subsection if such manufacturer or sup23 plier attests under penalty of perjury that such man24 ufacturer or supplier submitted an incorrect certifi25 cation as a result of an inadvertent or clerical error. 
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† HR 4348 EAS 

1 The burden of establishing inadvertent or clerical 

2 error is on the manufacturer or supplier. 

3 ‘‘(9) ADMINISTRATIVE REVIEW.—A party ad4 versely affected by an agency action under this sub5 section shall have the right to seek review under sec6 tion 702 of title 5. 

7 ‘‘(10) APPLICATION TO TRANSIT PROGRAMS.— 

8 The requirements under this subsection shall apply to 

9 all contracts eligible for assistance under this chapter 

10 for a project carried out within the scope of the appli11 cable finding, determination, or decision under the 

12 National Environmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.), regardless of the funding source 

14 of such contracts, if at least 1 contract for the project 

15 is funded with amounts made available to carry out 

16 this chapter. 

17 ‘‘(l) PARTICIPATION OF GOVERNMENTAL AGENCIES IN

18 DESIGN AND DELIVERY OF TRANSPORTATION SERVICES.— 

19 Governmental agencies and nonprofit organizations that re20 ceive assistance from Government sources (other than the 

21 Department of Transportation) for nonemergency transpor22 tation services shall— 

23 ‘‘(1) participate and coordinate with recipients 

24 of assistance under this chapter in the design and de25 livery of transportation services; and 
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1 ‘‘(2) be included in the planning for those serv2 ices. 

3 ‘‘(m) RELATIONSHIP TO OTHER LAWS.— 

4 ‘‘(1) FRAUD AND FALSE STATEMENTS.—Section 

5 1001 of title 18 applies to a certificate, submission, 

6 or statement provided under this chapter. The Sec7 retary may terminate financial assistance under this 

8 chapter and seek reimbursement directly, or by offset9 ting amounts, available under this chapter if the Sec10 retary determines that a recipient of such financial 

11 assistance has made a false or fraudulent statement 

12 or related act in connection with a Federal public 

13 transportation program. 

14 ‘‘(2) POLITICAL ACTIVITIES OF NONSUPERVISORY

15 EMPLOYEES.—The provision of assistance under this 

16 chapter shall not be construed to require the applica17 tion of chapter 15 of title 5 to any nonsupervisory 

18 employee of a public transportation system (or any 

19 other agency or entity performing related functions) 

20 to whom such chapter does not otherwise apply. 

21 ‘‘(n) PREAWARD AND POSTDELIVERY REVIEW OF

22 ROLLING STOCK PURCHASES.—The Secretary shall pre23 scribe regulations requiring a preaward and postdelivery 

24 review of a grant under this chapter to buy rolling stock 

25 to ensure compliance with Government motor vehicle safety 
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1 requirements, subsection (k) of this section, and bid speci2 fications requirements of grant recipients under this chap3 ter. Under this subsection, independent inspections and re4 view are required, and a manufacturer certification is not 

5 sufficient. Rolling stock procurements of 20 vehicles or fewer 

6 made for the purpose of serving other than urbanized areas 

7 and urbanized areas with populations of 200,000 or fewer 

8 shall be subject to the same requirements as established for 

9 procurements of 10 or fewer buses under the post-delivery 

10 purchaser’s requirements certification process under section 

11 663.37(c) of title 49, Code of Federal Regulations. 

12 ‘‘(o) SUBMISSION OF CERTIFICATIONS.—A certifi13 cation required under this chapter and any additional cer14 tification or assurance required by law or regulation to be 

15 submitted to the Secretary may be consolidated into a single 

16 document to be submitted annually as part of a grant ap17 plication under this chapter. The Secretary shall publish 

18 annually a list of all certifications required under this 

19 chapter with the publication required under section 

20 5336(d)(2). 

21 ‘‘(p) GRANT REQUIREMENTS.—The grant require22 ments under sections 5307, 5309, and 5337 apply to any 

23 project under this chapter that receives any assistance or 

24 other financing under chapter 6 (other than section 609) 

25 of title 23. 
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1 ‘‘(q) ALTERNATIVE FUELING FACILITIES.—A recipient 

2 of assistance under this chapter may allow the incidental 

3 use of federally funded alternative fueling facilities and 

4 equipment by nontransit public entities and private entities 

5 if— 

6 ‘‘(1) the incidental use does not interfere with the 

7 recipient’s public transportation operations; 

8 ‘‘(2) all costs related to the incidental use are 

9 fully recaptured by the recipient from the nontransit 

10 public entity or private entity; 

11 ‘‘(3) the recipient uses revenues received from the 

12 incidental use in excess of costs for planning, capital, 

13 and operating expenses that are incurred in pro14 viding public transportation; and 

15 ‘‘(4) private entities pay all applicable excise 

16 taxes on fuel. 

17 ‘‘(r) FIXED GUIDEWAY CATEGORICAL EXCLUSION.— 

18 ‘‘(1) STUDY.—Not later than 6 months after the 

19 date of enactment of the Federal Public Transpor20 tation Act of 2012, the Secretary shall conduct a 

21 study to determine the feasibility of providing a cat22 egorical exclusion for streetcar, bus rapid transit, and 

23 light rail projects located within an existing transpor24 tation right-of-way from the requirements of the Na25 tional Environmental Policy Act of 1969 (42 U.S.C. 
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1 4321 et seq.) in accordance with the Council on Envi2 ronmental Quality implementing regulations under 

3 parts 1500 through 1508 of title 40, Code of Federal 

4 Regulations, or any successor thereto. 

5 ‘‘(2) FINDINGS AND RULES.—Not later than 1 

6 year after the date of enactment of the Federal Public 

7 Transportation Act of 2012, the Secretary shall issue 

8 findings and, if appropriate, issue rules to provide 

9 categorical exclusions for suitable categories of 

10 projects.’’. 

11 SEC. 20018. CONTRACT REQUIREMENTS. 

12 Section 5325 of title 49, United States Code, is amend13 ed— 

14 (1) in subsection (e), by striking paragraph (1) 

15 and inserting the following: 

16 ‘‘(1) CONTRACTS.—A recipient procuring rolling 

17 stock with Government financial assistance under this 

18 chapter may make a multiyear contract to buy the 

19 rolling stock and replacement parts under which the 

20 recipient has an option to buy additional rolling 

21 stock or replacement parts for— 

22 ‘‘(A) not more than 5 years after the date 

23 of the original contract for bus procurements; 

24 and 
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1 ‘‘(B) not more than 7 years after the date 

2 of the original contract for rail procurements, 

3 provided that such option does not allow for sig4 nificant changes or alterations to the rolling 

5 stock.’’. 

6 (2) in subsection (h), by striking ‘‘Federal Public 

7 Transportation Act of 2005’’ and inserting ‘‘Federal 

8 Public Transportation Act of 2012’’; 

9 (3) in subsection (j)(2)(C), by striking ‘‘, includ10 ing the performance reported in the Contractor Per11 formance Assessment Reports required under section 

12 5309(l)(2)’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(k) VETERANS EMPLOYMENT.—Recipients and sub15 recipients of Federal financial assistance under this chapter 

16 shall ensure that contractors working on a capital project 

17 funded using such assistance give a hiring preference to vet18 erans, as defined in section 2108 of title 5, who have the 

19 requisite skills and abilities to perform the construction 

20 work required under the contract.’’. 

21 SEC. 20019. TRANSIT ASSET MANAGEMENT. 

22 Section 5326 of title 49, United States Code, is amend23 ed to read as follows: 
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1 ‘‘§ 5326. Transit asset management 

2 ‘‘(a) DEFINITIONS.—In this section the following defi3 nitions shall apply: 

4 ‘‘(1) CAPITAL ASSET.—The term ‘capital asset’ 

5 includes equipment, rolling stock, infrastructure, and 

6 facilities for use in public transportation and owned 

7 or leased by a recipient or subrecipient of Federal fi8 nancial assistance under this chapter. 

9 ‘‘(2) TRANSIT ASSET MANAGEMENT PLAN.—The 

10 term ‘transit asset management plan’ means a plan 

11 developed by a recipient of funding under this chapter 

12 that— 

13 ‘‘(A) includes, at a minimum, capital asset 

14 inventories and condition assessments, decision 

15 support tools, and investment prioritization; and 

16 ‘‘(B) the recipient certifies complies with 

17 the rule issued under this section. 

18 ‘‘(3) TRANSIT ASSET MANAGEMENT SYSTEM.— 

19 The term ‘transit asset management system’ means a 

20 strategic and systematic process of operating, main21 taining, and improving public transportation capital 

22 assets effectively throughout the life cycle of such as23 sets. 

24 ‘‘(b) TRANSIT ASSET MANAGEMENT SYSTEM.—The 

25 Secretary shall establish and implement a national transit 

26 asset management system, which shall include— 
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1 ‘‘(1) a definition of the term ‘state of good re2 pair’ that includes objective standards for measuring 

3 the condition of capital assets of recipients, including 

4 equipment, rolling stock, infrastructure, and facilities; 

5 ‘‘(2) a requirement that recipients and subrecipi6 ents of Federal financial assistance under this chapter 

7 develop a transit asset management plan; 

8 ‘‘(3) a requirement that each recipient of Federal 

9 financial assistance under this chapter report on the 

10 condition of the system of the recipient and provide 

11 a description of any change in condition since the 

12 last report; 

13 ‘‘(4) an analytical process or decision support 

14 tool for use by public transportation systems that— 

15 ‘‘(A) allows for the estimation of capital in16 vestment needs of such systems over time; and 

17 ‘‘(B) assists with asset investment 

18 prioritization by such systems; and 

19 ‘‘(5) technical assistance to recipients of Federal 

20 financial assistance under this chapter. 

21 ‘‘(c) PERFORMANCE MEASURES AND TARGETS.— 

22 ‘‘(1) IN GENERAL.—Not later than 1 year after 

23 the date of enactment of the Federal Public Transpor24 tation Act of 2012, the Secretary shall issue a final 

25 rule to establish performance measures based on the 
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1 state of good repair standards established under sub2 section (b)(1). 

3 ‘‘(2) TARGETS.—Not later than 3 months after 

4 the date on which the Secretary issues a final rule 

5 under paragraph (1), and each fiscal year thereafter, 

6 each recipient of Federal financial assistance under 

7 this chapter shall establish performance targets in re8 lation to the performance measures established by the 

9 Secretary. 

10 ‘‘(3) REPORTS.—Each recipient of Federal fi11 nancial assistance under this chapter shall submit to 

12 the Secretary an annual report that describes— 

13 ‘‘(A) the progress of the recipient during the 

14 fiscal year to which the report relates toward 

15 meeting the performance targets established 

16 under paragraph (2) for that fiscal year; and 

17 ‘‘(B) the performance targets established by 

18 the recipient for the subsequent fiscal year. 

19 ‘‘(d) RULEMAKING.—Not later than 1 year after the 

20 date of enactment of the Federal Public Transportation Act 

21 of 2012, the Secretary shall issue a final rule to implement 

22 the transit asset management system described in subsection 

23 (b).’’. 
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1 SEC. 20020. PROJECT MANAGEMENT OVERSIGHT. 

2 Section 5327 of title 49, United States Code, is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘United States’’ and all that follows 

7 through ‘‘Secretary of Transportation’’ and in8 serting the following: ‘‘Federal financial assist9 ance for a major capital project for public trans10 portation under this chapter or any other provi11 sion of Federal law, a recipient must prepare a 

12 project management plan approved by the Sec13 retary and carry out the project in accordance 

14 with the project management plan’’; and 

15 (B) in paragraph (12), by striking ‘‘each 

16 month’’ and inserting ‘‘quarterly’’; 

17 (2) by striking subsections (c), (d), and (f); 

18 (3) by inserting after subsection (b) the fol19 lowing: 

20 ‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipi21 ent of Federal financial assistance for public transportation 

22 under this chapter or any other provision of Federal law 

23 shall provide the Secretary and a contractor the Secretary 

24 chooses under section 5338(g) with access to the construction 

25 sites and records of the recipient when reasonably nec26 essary.’’; 
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1 (4) by redesignating subsection (e) as subsection 

2 (d); and 

3 (5) in subsection (d), as so redesignated— 

4 (A) in paragraph (1), by striking ‘‘sub5 section (c) of this section’’ and inserting ‘‘section 

6 5338(g)’’; and 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘preliminary engineer9 ing stage’’ and inserting ‘‘project develop10 ment phase’’; and 

11 (ii) by striking ‘‘another stage’’ and 

12 inserting ‘‘another phase’’. 

13 SEC. 20021. PUBLIC TRANSPORTATION SAFETY. 

14 (a) PUBLIC TRANSPORTATION SAFETY PROGRAM.— 

15 Section 5329 of title 49, United States Code, is amended 

16 to read as follows: 

17 ‘‘§ 5329. Public transportation safety program 

18 ‘‘(a) DEFINITION.—In this section, the term ‘recipient’ 

19 means a State or local governmental authority, or any other 

20 operator of a public transportation system, that receives fi21 nancial assistance under this chapter. 

22 ‘‘(b) NATIONAL PUBLIC TRANSPORTATION SAFETY

23 PLAN.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall create 

25 and implement a national public transportation safe-
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1 ty plan to improve the safety of all public transpor2 tation systems that receive funding under this chap3 ter. 

4 ‘‘(2) CONTENTS OF PLAN.—The national public 

5 transportation safety plan under paragraph (1) shall 

6 include— 

7 ‘‘(A) safety performance criteria for all 

8 modes of public transportation; 

9 ‘‘(B) the definition of the term ‘state of good 

10 repair’ established under section 5326(b); 

11 ‘‘(C) minimum safety performance stand12 ards for public transportation vehicles used in 

13 revenue operations that— 

14 ‘‘(i) do not apply to rolling stock other15 wise regulated by the Secretary or any other 

16 Federal agency; and 

17 ‘‘(ii) to the extent practicable, take into 

18 consideration— 

19 ‘‘(I) relevant recommendations of 

20 the National Transportation Safety 

21 Board; and 

22 ‘‘(II) recommendations of, and 

23 best practices standards developed by, 

24 the public transportation industry; 

25 and 
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1 ‘‘(D) a public transportation safety certifi2 cation training program, as described in sub3 section (c). 

4 ‘‘(c) PUBLIC TRANSPORTATION SAFETY CERTIFI5 CATION TRAINING PROGRAM.— 

6 ‘‘(1) IN GENERAL.—The Secretary shall establish 

7 a public transportation safety certification training 

8 program for Federal and State employees, or other 

9 designated personnel, who conduct safety audits and 

10 examinations of public transportation systems and 

11 employees of public transportation agencies directly 

12 responsible for safety oversight. 

13 ‘‘(2) INTERIM PROVISIONS.—Not later than 90 

14 days after the date of enactment of the Federal Public 

15 Transportation Act of 2012, the Secretary shall estab16 lish interim provisions for the certification and train17 ing of the personnel described in paragraph (1), 

18 which shall be in effect until the effective date of the 

19 final rule issued by the Secretary to implement this 

20 subsection. 

21 ‘‘(d) PUBLIC TRANSPORTATION AGENCY SAFETY

22 PLAN.— 

23 ‘‘(1) IN GENERAL.—Effective 1 year after the ef24 fective date of a final rule issued by the Secretary to 

25 carry out this subsection, each recipient shall certify 
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1 that the recipient has established a comprehensive 

2 agency safety plan that includes, at a minimum— 

3 ‘‘(A) a requirement that the board of direc4 tors (or equivalent entity) of the recipient ap5 prove the agency safety plan and any updates to 

6 the agency safety plan; 

7 ‘‘(B) methods for identifying and evaluating 

8 safety risks throughout all elements of the public 

9 transportation system of the recipient; 

10 ‘‘(C) strategies to minimize the exposure of 

11 the public, personnel, and property to hazards 

12 and unsafe conditions; 

13 ‘‘(D) a process and timeline for conducting 

14 an annual review and update of the safety plan 

15 of the recipient; 

16 ‘‘(E) performance targets based on the safe17 ty performance criteria and state of good repair 

18 standards established under subparagraphs (A) 

19 and (B), respectively, of subsection (b)(2); 

20 ‘‘(F) assignment of an adequately trained 

21 safety officer who reports directly to the general 

22 manager, president, or equivalent officer of the 

23 recipient; and 

24 ‘‘(G) a comprehensive staff training pro25 gram for the operations personnel and personnel 
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1 directly responsible for safety of the recipient 

2 that includes— 

3 ‘‘(i) the completion of a safety training 

4 program; and 

5 ‘‘(ii) continuing safety education and 

6 training. 

7 ‘‘(2) INTERIM AGENCY SAFETY PLAN.—A system 

8 safety plan developed pursuant to part 659 of title 49, 

9 Code of Federal Regulations, as in effect on the date 

10 of enactment of the Federal Public Transportation 

11 Act of 2012, shall remain in effect until such time as 

12 this subsection takes effect. 

13 ‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— 

14 ‘‘(1) APPLICABILITY.—This subsection applies 

15 only to eligible States. 

16 ‘‘(2) DEFINITION.—In this subsection, the term 

17 ‘eligible State’ means a State that has— 

18 ‘‘(A) a rail fixed guideway public transpor19 tation system within the jurisdiction of the State 

20 that is not subject to regulation by the Federal 

21 Railroad Administration; or 

22 ‘‘(B) a rail fixed guideway public transpor23 tation system in the engineering or construction 

24 phase of development within the jurisdiction of 
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1 the State that will not be subject to regulation by 

2 the Federal Railroad Administration. 

3 ‘‘(3) IN GENERAL.—In order to obligate funds 

4 apportioned under section 5338 to carry out this 

5 chapter, effective 3 years after the date on which a 

6 final rule under this subsection becomes effective, an 

7 eligible State shall have in effect a State safety over8 sight program approved by the Secretary under which 

9 the State— 

10 ‘‘(A) assumes responsibility for overseeing 

11 rail fixed guideway public transportation safety; 

12 ‘‘(B) adopts and enforces Federal law on 

13 rail fixed guideway public transportation safety; 

14 ‘‘(C) establishes a State safety oversight 

15 agency; 

16 ‘‘(D) determines, in consultation with the 

17 Secretary, an appropriate staffing level for the 

18 State safety oversight agency that is commensu19 rate with the number, size, and complexity of the 

20 rail fixed guideway public transportation sys21 tems in the eligible State; 

22 ‘‘(E) requires that employees and other des23 ignated personnel of the eligible State safety 

24 oversight agency who are responsible for rail 

25 fixed guideway public transportation safety over-
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1 sight are qualified to perform such functions 

2 through appropriate training, including success3 ful completion of the public transportation safety 

4 certification training program established under 

5 subsection (c); and 

6 ‘‘(F) prohibits any public transportation 

7 agency from providing funds to the State safety 

8 oversight agency or an entity designated by the 

9 eligible State as the State safety oversight agency 

10 under paragraph (4). 

11 ‘‘(4) STATE SAFETY OVERSIGHT AGENCY.— 

12 ‘‘(A) IN GENERAL.—Each State safety over13 sight program shall establish a State safety over14 sight agency that— 

15 ‘‘(i) is an independent legal entity re16 sponsible for the safety of rail fixed guide17 way public transportation systems; 

18 ‘‘(ii) is financially and legally inde19 pendent from any public transportation en20 tity that the State safety oversight agency 

21 oversees; 

22 ‘‘(iii) does not fund, promote, or pro23 vide public transportation services; 
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1 ‘‘(iv) does not employ any individual 

2 who is also responsible for the administra3 tion of public transportation programs; 

4 ‘‘(v) has the authority to review, ap5 prove, oversee, and enforce the implementa6 tion by the rail fixed guideway public 

7 transportation agency of the public trans8 portation agency safety plan required under 

9 subsection (d); 

10 ‘‘(vi) has investigative and enforcement 

11 authority with respect to the safety of rail 

12 fixed guideway public transportation sys13 tems of the eligible State; 

14 ‘‘(vii) audits, at least once triennially, 

15 the compliance of the rail fixed guideway 

16 public transportation systems in the eligible 

17 State subject to this subsection with the 

18 public transportation agency safety plan re19 quired under subsection (d); and 

20 ‘‘(viii) provides, at least once annu21 ally, a status report on the safety of the rail 

22 fixed guideway public transportation sys23 tems the State safety oversight agency over24 sees to— 
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1 ‘‘(I) the Federal Transit Adminis2 tration; 

3 ‘‘(II) the Governor of the eligible 

4 State; and 

5 ‘‘(III) the board of directors, or 

6 equivalent entity, of any rail fixed 

7 guideway public transportation system 

8 that the State safety oversight agency 

9 oversees. 

10 ‘‘(B) WAIVER.—At the request of an eligible 

11 State, the Secretary may waive clauses (i) and 

12 (iii) of subparagraph (A) for eligible States with 

13 1 or more rail fixed guideway systems in revenue 

14 operations, design, or construction, that— 

15 ‘‘(i) have fewer than 1,000,000 com16 bined actual and projected rail fixed guide17 way revenue miles per year; or 

18 ‘‘(ii) provide fewer than 10,000,000 

19 combined actual and projected unlinked 

20 passenger trips per year. 

21 ‘‘(5) ENFORCEMENT.—Each State safety over22 sight agency shall have the authority to request that 

23 the Secretary take enforcement actions available 

24 under subsection (g) against a rail fixed guideway 
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† HR 4348 EAS 

1 public transportation system that is not in compli2 ance with Federal safety laws. 

3 ‘‘(6) PROGRAMS FOR MULTI-STATE RAIL FIXED

4 GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS.—An 

5 eligible State that has within the jurisdiction of the 

6 eligible State a rail fixed guideway public transpor7 tation system that operates in more than 1 eligible 

8 State shall— 

9 ‘‘(A) jointly with all other eligible States in 

10 which the rail fixed guideway public transpor11 tation system operates, ensure uniform safety 

12 standards and enforcement procedures that shall 

13 be in compliance with this section, and establish 

14 and implement a State safety oversight program 

15 approved by the Secretary; or 

16 ‘‘(B) jointly with all other eligible States in 

17 which the rail fixed guideway public transpor18 tation system operates, designate an entity hav19 ing characteristics consistent with the character20 istics described in paragraph (3) to carry out the 

21 State safety oversight program approved by the 

22 Secretary. 

23 ‘‘(7) GRANTS.— 

24 ‘‘(A) IN GENERAL.—The Secretary may 

25 make a grant to an eligible State to develop or 
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1 carry out a State safety oversight program, if the 

2 eligible State submits— 

3 ‘‘(i) a proposal for the establishment of 

4 a State safety oversight program to the Sec5 retary for review and written approval be6 fore implementing a State safety oversight 

7 program; and 

8 ‘‘(ii) any amendment to the State safe9 ty oversight program of the eligible State to 

10 the Secretary for review not later than 60 

11 days before the effective date of the amend12 ment. 

13 ‘‘(B) DETERMINATION BY SECRETARY.— 

14 ‘‘(i) IN GENERAL.—The Secretary shall 

15 transmit written approval to an eligible 

16 State that submits a State safety oversight 

17 program, if the Secretary determines the 

18 State safety oversight program meets the re19 quirements of this subsection and the State 

20 safety oversight program is adequate to pro21 mote the purposes of this section. 

22 ‘‘(ii) AMENDMENT.—The Secretary 

23 shall transmit to an eligible State that sub24 mits an amendment under subparagraph 
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1 (A)(ii) a written determination with respect 

2 to the amendment. 

3 ‘‘(iii) NO WRITTEN DECISION.—If an 

4 eligible State does not receive a written de5 cision from the Secretary with respect to an 

6 amendment submitted under subparagraph 

7 (A)(ii) before the end of the 60-day period 

8 beginning on the date on which the eligible 

9 State submits the amendment, the amend10 ment shall be deemed to be approved. 

11 ‘‘(iv) DISAPPROVAL.—If the Secretary 

12 determines that a State safety oversight pro13 gram does not meet the requirements of this 

14 subsection, the Secretary shall transmit to 

15 the eligible State a written explanation and 

16 allow the eligible State to modify and resub17 mit the State safety oversight program for 

18 approval. 

19 ‘‘(C) GOVERNMENT SHARE.— 

20 ‘‘(i) IN GENERAL.—The Government 

21 share of the reasonable cost of a State safety 

22 oversight program developed or carried out 

23 using a grant under this paragraph shall be 

24 80 percent. 
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1 ‘‘(ii) IN-KIND CONTRIBUTIONS.—Any 

2 calculation of the non-Government share of 

3 a State safety oversight program shall in4 clude in-kind contributions by an eligible 

5 State. 

6 ‘‘(iii) NON-GOVERNMENT SHARE.—The 

7 non-Government share of the cost of a State 

8 safety oversight program developed or car9 ried out using a grant under this para10 graph may not be met by— 

11 ‘‘(I) any Federal funds; 

12 ‘‘(II) any funds received from a 

13 public transportation agency; or 

14 ‘‘(III) any revenues earned by a 

15 public transportation agency. 

16 ‘‘(iv) SAFETY TRAINING PROGRAM.— 

17 The Secretary may reimburse an eligible 

18 State or a recipient for the full costs of par19 ticipation in the public transportation safe20 ty certification training program estab21 lished under subsection (c) by an employee 

22 of a State safety oversight agency or a re23 cipient who is directly responsible for safety 

24 oversight. 
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1 ‘‘(8) CONTINUAL EVALUATION OF PROGRAM.— 

2 The Secretary shall continually evaluate the imple3 mentation of a State safety oversight program by a 

4 State safety oversight agency, on the basis of— 

5 ‘‘(A) reports submitted by the State safety 

6 oversight agency under paragraph (4)(A)(viii); 

7 and 

8 ‘‘(B) audits carried out by the Secretary. 

9 ‘‘(9) INADEQUATE PROGRAM.— 

10 ‘‘(A) IN GENERAL.—If the Secretary finds 

11 that a State safety oversight program approved 

12 by the Secretary is not being carried out in ac13 cordance with this section or has become inad14 equate to ensure the enforcement of Federal safe15 ty regulations, the Secretary shall— 

16 ‘‘(i) transmit to the eligible State a 

17 written explanation of the reason the pro18 gram has become inadequate and inform the 

19 State of the intention to withhold funds, in20 cluding the amount of funds proposed to be 

21 withheld under this section, or withdraw 

22 approval of the State safety oversight pro23 gram; and 

24 ‘‘(ii) allow the eligible State a reason25 able period of time to modify the State safe-
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† HR 4348 EAS 

1 ty oversight program or implementation of 

2 the program and submit an updated pro3 posal for the State safety oversight program 

4 to the Secretary for approval. 

5 ‘‘(B) FAILURE TO CORRECT.—If the Sec6 retary determines that a modification by an eli7 gible State of the State safety oversight program 

8 is not sufficient to ensure the enforcement of Fed9 eral safety regulations, the Secretary may— 

10 ‘‘(i) withhold funds available under 

11 this section in an amount determined by the 

12 Secretary; or 

13 ‘‘(ii) provide written notice of with14 drawal of State safety oversight program 

15 approval. 

16 ‘‘(C) TEMPORARY OVERSIGHT.—In the event 

17 the Secretary takes action under subparagraph 

18 (B)(ii), the Secretary shall provide oversight of 

19 the rail fixed guideway systems in an eligible 

20 State until the State submits a State safety over21 sight program approved by the Secretary. 

22 ‘‘(D) RESTORATION.— 

23 ‘‘(i) CORRECTION.—The eligible State 

24 shall address any inadequacy to the satis25 faction of the Secretary prior to the Sec-
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† HR 4348 EAS 

1 retary restoring funds withheld under this 

2 paragraph. 

3 ‘‘(ii) AVAILABILITY AND REALLOCA4 TION.—Any funds withheld under this 

5 paragraph shall remain available for res6 toration to the eligible State until the end 

7 of the first fiscal year after the fiscal year 

8 in which the funds were withheld, after 

9 which time the funds shall be available to 

10 the Secretary for allocation to other eligible 

11 States under this section. 

12 ‘‘(10) FEDERAL OVERSIGHT.—The Secretary 

13 shall— 

14 ‘‘(A) oversee the implementation of each 

15 State safety oversight program under this sub16 section; 

17 ‘‘(B) audit the operations of each State safe18 ty oversight agency at least once triennially; and 

19 ‘‘(C) issue rules to carry out this subsection. 

20 ‘‘(f) AUTHORITY OF SECRETARY.—In carrying out this 

21 section, the Secretary may— 

22 ‘‘(1) conduct inspections, investigations, audits, 

23 examinations, and testing of the equipment, facilities, 

24 rolling stock, and operations of the public transpor25 tation system of a recipient; 
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1 ‘‘(2) make reports and issue directives with re2 spect to the safety of the public transportation system 

3 of a recipient; 

4 ‘‘(3) in conjunction with an accident investiga5 tion or an investigation into a pattern or practice of 

6 conduct that negatively affects public safety, issue a 

7 subpoena to, and take the deposition of, any employee 

8 of a recipient or a State safety oversight agency, if— 

9 ‘‘(A) before the issuance of the subpoena, the 

10 Secretary requests a determination by the Attor11 ney General of the United States as to whether 

12 the subpoena will interfere with an ongoing 

13 criminal investigation; and 

14 ‘‘(B) the Attorney General— 

15 ‘‘(i) determines that the subpoena will 

16 not interfere with an ongoing criminal in17 vestigation; or 

18 ‘‘(ii) fails to make a determination 

19 under clause (i) before the date that is 30 

20 days after the date on which the Secretary 

21 makes a request under subparagraph (A); 

22 ‘‘(4) require the production of documents by, and 

23 prescribe recordkeeping and reporting requirements 

24 for, a recipient or a State safety oversight agency; 
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† HR 4348 EAS 

1 ‘‘(5) investigate public transportation accidents 

2 and incidents and provide guidance to recipients re3 garding prevention of accidents and incidents; 

4 ‘‘(6) at reasonable times and in a reasonable 

5 manner, enter and inspect equipment, facilities, roll6 ing stock, operations, and relevant records of the pub7 lic transportation system of a recipient; and 

8 ‘‘(7) issue rules to carry out this section. 

9 ‘‘(g) ENFORCEMENT ACTIONS.— 

10 ‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The 

11 Secretary may take enforcement action against a re12 cipient that does not comply with Federal law with 

13 respect to the safety of the public transportation sys14 tem, including— 

15 ‘‘(A) issuing directives; 

16 ‘‘(B) requiring more frequent oversight of 

17 the recipient by a State safety oversight agency 

18 or the Secretary; 

19 ‘‘(C) imposing more frequent reporting re20 quirements; 

21 ‘‘(D) requiring that any Federal financial 

22 assistance provided under this chapter be spent 

23 on correcting safety deficiencies identified by the 

24 Secretary or the State safety oversight agency be25 fore such funds are spent on other projects; 
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1 ‘‘(E) subject to paragraph (2), withholding 

2 Federal financial assistance, in an amount to be 

3 determined by the Secretary, from the recipient, 

4 until such time as the recipient comes into com5 pliance with this section; and 

6 ‘‘(F) subject to paragraph (3), imposing a 

7 civil penalty, in an amount to be determined by 

8 the Secretary. 

9 ‘‘(2) USE OR WITHHOLDING OF FUNDS.— 

10 ‘‘(A) IN GENERAL.—The Secretary may re11 quire the use of funds in accordance with para12 graph (1)(D), or withhold funds under para13 graph (1)(E), only if the Secretary finds that a 

14 recipient is engaged in a pattern or practice of 

15 serious safety violations or has otherwise refused 

16 to comply with Federal law relating to the safety 

17 of the public transportation system. 

18 ‘‘(B) NOTICE.—Before withholding funds 

19 from a recipient under paragraph (1)(E), the 

20 Secretary shall provide to the recipient— 

21 ‘‘(i) written notice of a violation and 

22 the amount proposed to be withheld; and 

23 ‘‘(ii) a reasonable period of time with24 in which the recipient may address the vio25 lation or propose and initiate an alter-
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† HR 4348 EAS 

1 native means of compliance that the Sec2 retary determines is acceptable. 

3 ‘‘(C) FAILURE TO ADDRESS.—If the recipi4 ent does not address the violation or propose an 

5 alternative means of compliance that the Sec6 retary determines is acceptable within the period 

7 of time specified in the written notice, the Sec8 retary may withhold funds under paragraph 

9 (1)(E). 

10 ‘‘(D) RESTORATION.— 

11 ‘‘(i) CORRECTION.—The recipient shall 

12 address any violation to the satisfaction of 

13 the Secretary prior to the Secretary restor14 ing funds withheld under paragraph (1)(E). 

15 ‘‘(ii) AVAILABILITY AND REALLOCA16 TION.—Any funds withheld under para17 graph (1)(E) shall remain available for res18 toration to the recipient until the end of the 

19 first fiscal year after the fiscal year in 

20 which the funds were withheld, after which 

21 time the funds shall be available to the Sec22 retary for allocation to other eligible recipi23 ents. 

24 ‘‘(E) NOTIFICATION.—Not later than 3 days 

25 before taking any action under subparagraph 
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1 (C), the Secretary shall notify the Committee on 

2 Banking, Housing, and Urban Affairs of the 

3 Senate and the Committee on Transportation 

4 and Infrastructure of the House of Representa5 tives of such action. 

6 ‘‘(3) CIVIL PENALTIES.— 

7 ‘‘(A) IMPOSITION OF CIVIL PENALTIES.— 

8 ‘‘(i) IN GENERAL.—The Secretary may 

9 impose a civil penalty under paragraph 

10 (1)(F) only if— 

11 ‘‘(I) the Secretary has exhausted 

12 the enforcement actions available under 

13 subparagraphs (A) through (E) of 

14 paragraph (1); and 

15 ‘‘(II) the recipient continues to be 

16 in violation of Federal safety law. 

17 ‘‘(ii) EXCEPTION.—The Secretary may 

18 waive the requirement under clause (i)(I) if 

19 the Secretary determines that such a waiver 

20 is in the public interest. 

21 ‘‘(B) NOTICE.—Before imposing a civil pen22 alty on a recipient under paragraph (1)(F), the 

23 Secretary shall provide to the recipient— 
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1 ‘‘(i) written notice of any violation 

2 and the penalty proposed to be imposed; 

3 and 

4 ‘‘(ii) a reasonable period of time with5 in which the recipient may address the vio6 lation or propose and initiate an alter7 native means of compliance that the Sec8 retary determines is acceptable. 

9 ‘‘(C) FAILURE TO ADDRESS.—If the recipi10 ent does not address the violation or propose an 

11 alternative means of compliance that the Sec12 retary determines is acceptable within the period 

13 of time specified in the written notice, the Sec14 retary may impose a civil penalty under para15 graph (1)(F). 

16 ‘‘(D) NOTIFICATION.—Not later than 3 days 

17 before taking any action under subparagraph 

18 (C), the Secretary shall notify the Committee on 

19 Banking, Housing, and Urban Affairs of the 

20 Senate and the Committee on Transportation 

21 and Infrastructure of the House of Representa22 tives of such action. 

23 ‘‘(E) DEPOSIT OF CIVIL PENALTIES.—Any 

24 amounts collected by the Secretary under this 
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1 paragraph shall be deposited into the Mass 

2 Transit Account of the Highway Trust Fund. 

3 ‘‘(4) ENFORCEMENT BY THE ATTORNEY GEN4 ERAL.—At the request of the Secretary, the Attorney 

5 General may bring a civil action— 

6 ‘‘(A) for appropriate injunctive relief to en7 sure compliance with this section; 

8 ‘‘(B) to collect a civil penalty imposed 

9 under paragraph (1)(F); and 

10 ‘‘(C) to enforce a subpoena, request for ad11 missions, request for production of documents or 

12 other tangible things, or request for testimony by 

13 deposition issued by the Secretary under this sec14 tion. 

15 ‘‘(h) COST-BENEFIT ANALYSIS.— 

16 ‘‘(1) ANALYSIS REQUIRED.—In carrying out this 

17 section, the Secretary shall take into consideration the 

18 costs and benefits of each action the Secretary pro19 poses to take under this section. 

20 ‘‘(2) WAIVER.—The Secretary may waive the re21 quirement under this subsection if the Secretary de22 termines that such a waiver is in the public interest. 

23 ‘‘(i) CONSULTATION BY THE SECRETARY OF HOME24 LAND SECURITY.—The Secretary of Homeland Security 

25 shall consult with the Secretary of Transportation before 
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1 the Secretary of Homeland Security issues a rule or order 

2 that the Secretary of Transportation determines affects the 

3 safety of public transportation design, construction, or op4 erations. 

5 ‘‘(j) PREEMPTION OF STATE LAW.— 

6 ‘‘(1) NATIONAL UNIFORMITY OF REGULATION.— 

7 Laws, regulations, and orders related to public trans8 portation safety shall be nationally uniform to the ex9 tent practicable. 

10 ‘‘(2) IN GENERAL.—A State may adopt or con11 tinue in force a law, regulation, or order related to 

12 the safety of public transportation until the Secretary 

13 issues a rule or order covering the subject matter of 

14 the State requirement. 

15 ‘‘(3) MORE STRINGENT LAW.—A State may 

16 adopt or continue in force a law, regulation, or order 

17 related to the safety of public transportation that is 

18 consistent with, in addition to, or more stringent 

19 than a regulation or order of the Secretary if the Sec20 retary determines that the law, regulation, or order— 

21 ‘‘(A) has a safety benefit; 

22 ‘‘(B) is not incompatible with a law, regu23 lation, or order, or the terms and conditions of 

24 a financial assistance agreement of the United 

25 States Government; and 
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1 ‘‘(C) does not unreasonably burden inter2 state commerce. 

3 ‘‘(4) ACTIONS UNDER STATE LAW.— 

4 ‘‘(A) RULE OF CONSTRUCTION.—Nothing in 

5 this section shall be construed to preempt an ac6 tion under State law seeking damages for per7 sonal injury, death, or property damage alleging 

8 that a party has failed to comply with— 

9 ‘‘(i) a Federal standard of care estab10 lished by a regulation or order issued by the 

11 Secretary under this section; 

12 ‘‘(ii) its own program, rule, or stand13 ard that it created pursuant to a rule or 

14 order issued by the Secretary; or 

15 ‘‘(iii) a State law, regulation, or order 

16 that is not incompatible with paragraph 

17 (2). 

18 ‘‘(B) EFFECTIVE DATE.—This paragraph 

19 shall apply to any cause of action under State 

20 law arising from an event or activity occurring 

21 on or after the date of enactment of the Federal 

22 Public Transportation Act of 2012. 

23 ‘‘(5) JURISDICTION.—Nothing in this section 

24 shall be construed to create a cause of action under 

25 Federal law on behalf of an injured party or confer 
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1 Federal question jurisdiction for a State law cause of 

2 action. 

3 ‘‘(k) ANNUAL REPORT.—The Secretary shall submit to 

4 the Committee on Banking, Housing, and Urban Affairs 

5 of the Senate and the Committee on Transportation and 

6 Infrastructure of the House of Representatives an annual 

7 report that— 

8 ‘‘(1) analyzes public transportation safety trends 

9 among the States and documents the most effective 

10 safety programs implemented using grants under this 

11 section; and 

12 ‘‘(2) describes the effect on public transportation 

13 safety of activities carried out using grants under this 

14 section.’’. 

15 (b) BUS SAFETY STUDY.— 

16 (1) DEFINITION.—In this subsection, the term 

17 ‘‘highway route’’ means a route where 50 percent or 

18 more of the route is on roads having a speed limit of 

19 more than 45 miles per hour. 

20 (2) STUDY.—Not later than 180 days after the 

21 date of enactment of this Act, the Secretary of Trans22 portation shall submit to the Committee on Banking, 

23 Housing, and Urban Affairs of the Senate and the 

24 Committee on Transportation and Infrastructure of 

25 the House of Representatives a report that— 
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1 (A) examines the safety of public transpor2 tation buses that travel on highway routes; 

3 (B) examines laws and regulations that 

4 apply to commercial over-the-road buses; and 

5 (C) makes recommendations as to whether 

6 additional safety measures should be required for 

7 public transportation buses that travel on high8 way routes. 

9 SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES 

10 TESTING. 

11 Section 5331(b)(2) of title 49, United States Code, is 

12 amended— 

13 (1) by redesignating subparagraphs (A) and (B) 

14 as subparagraphs (B) and (C), respectively; and 

15 (2) by inserting before subparagraph (B), as so 

16 redesignated, the following: 

17 ‘‘(A) shall establish and implement an enforce18 ment program that includes the imposition of pen19 alties for failure to comply with this section;’’. 

20 SEC. 20023. NONDISCRIMINATION. 

21 (a) AMENDMENTS.—Section 5332 of title 49, United 

22 States Code, is amended— 

23 (1) in subsection (b)— 

24 (A) by striking ‘‘creed’’ and inserting ‘‘reli25 gion’’; and 
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1 (B) by inserting ‘‘disability,’’ after ‘‘sex,’’; 

2 and 

3 (2) in subsection (d)(3), by striking ‘‘and’’ and 

4 inserting ‘‘or’’. 

5 (b) EVALUATION AND REPORT.— 

6 (1) EVALUATION.—The Comptroller General of 

7 the United States shall evaluate the progress and ef8 fectiveness of the Federal Transit Administration in 

9 assisting recipients of assistance under chapter 53 of 

10 title 49, United States Code, to comply with section 

11 5332(b) of title 49, including— 

12 (A) by reviewing discrimination com13 plaints, reports, and other relevant information 

14 collected or prepared by the Federal Transit Ad15 ministration or recipients of assistance from the 

16 Federal Transit Administration pursuant to any 

17 applicable civil rights statute, regulation, or 

18 other requirement; and 

19 (B) by reviewing the process that the Fed20 eral Transit Administration uses to resolve dis21 crimination complaints filed by members of the 

22 public. 

23 (2) REPORT.—Not later than 1 year after the 

24 date of enactment of this Act, the Comptroller General 

25 shall submit to the Committee on Banking, Housing, 
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1 and Urban Affairs of the Senate and the Committee 

2 on Transportation and Infrastructure of the House of 

3 Representatives a report concerning the evaluation 

4 under paragraph (1) that includes— 

5 (A) a description of the ability of the Fed6 eral Transit Administration to address discrimi7 nation and foster equal opportunities in feder8 ally funded public transportation projects, pro9 grams, and activities; 

10 (B) recommendations for improvements if 

11 the Comptroller General determines that im12 provements are necessary; and 

13 (C) information upon which the evaluation 

14 under paragraph (1) is based. 

15 SEC. 20024. LABOR STANDARDS. 

16 Section 5333(b) of title 49, United States Code, is 

17 amended— 

18 (1) in paragraph (1), by striking ‘‘sections 

19 5307–5312, 5316, 5318, 5323(a)(1), 5323(b), 5323(d), 

20 5328, 5337, and 5338(b)’’ each place that term ap21 pears and inserting ‘‘sections 5307, 5308, 5309, 5311, 

22 and 5337’’; and 

23 (2) in paragraph (5), by inserting ‘‘of Labor’’ 

24 after ‘‘Secretary’’. 
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1 SEC. 20025. ADMINISTRATIVE PROVISIONS. 

2 Section 5334 of title 49, United States Code, is amend3 ed— 

4 (1) in subsection (a)(1), by striking ‘‘under sec5 tions 5307 and 5309–5311 of this title’’ and inserting 

6 ‘‘that receives Federal financial assistance under this 

7 chapter’’; 

8 (2) in subsection (b)(1)— 

9 (A) by inserting after ‘‘emergency,’’ the fol10 lowing: ‘‘or for purposes of establishing and en11 forcing a program to improve the safety of public 

12 transportation systems in the United States,’’; 

13 and 

14 (B) by striking ‘‘chapter, nor may the Sec15 retary’’ and inserting ‘‘chapter. The Secretary 

16 may not’’; 

17 (3) in subsection (c)(4), by striking ‘‘section (ex18 cept subsection (i)) and sections 5318(e), 5323(a)(2), 

19 5325(a), 5325(b), and 5325(f)’’ and inserting ‘‘sub20 section’’; 

21 (4) in subsection (h)(3), by striking ‘‘another’’ 

22 and inserting ‘‘any other’’; 

23 (5) in subsection (i)(1), by striking ‘‘title 23 

24 shall’’ and inserting ‘‘title 23 may’’; 

25 (6) by striking subsection (j); and 
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1 (7) by redesignating subsections (k) and (l) as 

2 subsections (j) and (k), respectively. 

3 SEC. 20026. NATIONAL TRANSIT DATABASE. 

4 Section 5335 of title 49, United States Code, is amend5 ed by adding at the end the following: 

6 ‘‘(c) DATA REQUIRED TO BE REPORTED.—The recipi7 ent of a grant under this chapter shall report to the Sec8 retary, for inclusion in the National Transit Database, any 

9 information relating to— 

10 ‘‘(1) the causes of a reportable incident, as de11 fined by the Secretary; and 

12 ‘‘(2) a transit asset inventory or condition as13 sessment conducted by the recipient.’’. 

14 SEC. 20027. APPORTIONMENT OF APPROPRIATIONS FOR 

15 FORMULA GRANTS. 

16 Section 5336 of title 49, United States Code, is amend17 ed to read as follows: 

18 ‘‘§ 5336. Apportionment of appropriations for formula 

19 grants 

20 ‘‘(a) BASED ON URBANIZED AREA POPULATION.—Of 

21 the amount apportioned under subsection (h)(4) to carry 

22 out section 5307— 

23 ‘‘(1) 9.32 percent shall be apportioned each fiscal 

24 year only in urbanized areas with a population of 
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1 less than 200,000 so that each of those areas is enti2 tled to receive an amount equal to— 

3 ‘‘(A) 50 percent of the total amount appor4 tioned multiplied by a ratio equal to the popu5 lation of the area divided by the total population 

6 of all urbanized areas with populations of less 

7 than 200,000 as shown in the most recent decen8 nial census; and 

9 ‘‘(B) 50 percent of the total amount appor10 tioned multiplied by a ratio for the area based 

11 on population weighted by a factor, established 

12 by the Secretary, of the number of inhabitants in 

13 each square mile; and 

14 ‘‘(2) 90.68 percent shall be apportioned each fis15 cal year only in urbanized areas with populations of 

16 at least 200,000 as provided in subsections (b) and (c) 

17 of this section. 

18 ‘‘(b) BASED ON FIXED GUIDEWAY VEHICLE REVENUE

19 MILES, DIRECTIONAL ROUTE MILES, AND PASSENGER

20 MILES.—(1) In this subsection, ‘fixed guideway vehicle rev21 enue miles’ and ‘fixed guideway directional route miles’ in22 clude passenger ferry operations directly or under contract 

23 by the designated recipient. 
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1 ‘‘(2) Of the amount apportioned under subsection 

2 (a)(2) of this section, 33.29 percent shall be apportioned as 

3 follows: 

4 ‘‘(A) 95.61 percent of the total amount appor5 tioned under this subsection shall be apportioned so 

6 that each urbanized area with a population of at least 

7 200,000 is entitled to receive an amount equal to— 

8 ‘‘(i) 60 percent of the 95.61 percent appor9 tioned under this subparagraph multiplied by a 

10 ratio equal to the number of fixed guideway ve11 hicle revenue miles attributable to the area, as 

12 established by the Secretary, divided by the total 

13 number of all fixed guideway vehicle revenue 

14 miles attributable to all areas; and 

15 ‘‘(ii) 40 percent of the 95.61 percent appor16 tioned under this subparagraph multiplied by a 

17 ratio equal to the number of fixed guideway di18 rectional route miles attributable to the area, es19 tablished by the Secretary, divided by the total 

20 number of all fixed guideway directional route 

21 miles attributable to all areas. 

22 An urbanized area with a population of at least 

23 750,000 in which commuter rail transportation is 

24 provided shall receive at least .75 percent of the total 

25 amount apportioned under this subparagraph. 
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1 ‘‘(B) 4.39 percent of the total amount appor2 tioned under this subsection shall be apportioned so 

3 that each urbanized area with a population of at least 

4 200,000 is entitled to receive an amount equal to— 

5 ‘‘(i) the number of fixed guideway vehicle 

6 passenger miles traveled multiplied by the num7 ber of fixed guideway vehicle passenger miles 

8 traveled for each dollar of operating cost in an 

9 area; divided by 

10 ‘‘(ii) the total number of fixed guideway ve11 hicle passenger miles traveled multiplied by the 

12 total number of fixed guideway vehicle passenger 

13 miles traveled for each dollar of operating cost in 

14 all areas. 

15 An urbanized area with a population of at least 

16 750,000 in which commuter rail transportation is 

17 provided shall receive at least .75 percent of the total 

18 amount apportioned under this subparagraph. 

19 ‘‘(C) Under subparagraph (A) of this paragraph, 

20 fixed guideway vehicle revenue or directional route 

21 miles, and passengers served on those miles, in an ur22 banized area with a population of less than 200,000, 

23 where the miles and passengers served otherwise 

24 would be attributable to an urbanized area with a 

25 population of at least 1,000,000 in an adjacent State, 
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1 are attributable to the governmental authority in the 

2 State in which the urbanized area with a population 

3 of less than 200,000 is located. The authority is 

4 deemed an urbanized area with a population of at 

5 least 200,000 if the authority makes a contract for the 

6 service. 

7 ‘‘(D) A recipient’s apportionment under sub8 paragraph (A)(i) of this paragraph may not be re9 duced if the recipient, after satisfying the Secretary 

10 that energy or operating efficiencies would be 

11 achieved, reduces vehicle revenue miles but provides 

12 the same frequency of revenue service to the same 

13 number of riders. 

14 ‘‘(c) BASED ON BUS VEHICLE REVENUE MILES AND

15 PASSENGER MILES.—Of the amount apportioned under 

16 subsection (a)(2) of this section, 66.71 percent shall be ap17 portioned as follows: 

18 ‘‘(1) 90.8 percent of the total amount appor19 tioned under this subsection shall be apportioned as 

20 follows: 

21 ‘‘(A) 73.39 percent of the 90.8 percent ap22 portioned under this paragraph shall be appor23 tioned so that each urbanized area with a popu24 lation of at least 1,000,000 is entitled to receive 

25 an amount equal to— 
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1 ‘‘(i) 50 percent of the 73.39 percent ap2 portioned under this subparagraph multi3 plied by a ratio equal to the total bus vehi4 cle revenue miles operated in or directly 

5 serving the urbanized area divided by the 

6 total bus vehicle revenue miles attributable 

7 to all areas; 

8 ‘‘(ii) 25 percent of the 73.39 percent 

9 apportioned under this subparagraph mul10 tiplied by a ratio equal to the population of 

11 the area divided by the total population of 

12 all areas, as shown in the most recent de13 cennial census; and 

14 ‘‘(iii) 25 percent of the 73.39 percent 

15 apportioned under this subparagraph mul16 tiplied by a ratio for the area based on pop17 ulation weighted by a factor, established by 

18 the Secretary, of the number of inhabitants 

19 in each square mile. 

20 ‘‘(B) 26.61 percent of the 90.8 percent ap21 portioned under this paragraph shall be appor22 tioned so that each urbanized area with a popu23 lation of at least 200,000 but not more than 

24 999,999 is entitled to receive an amount equal 

25 to— 
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1 ‘‘(i) 50 percent of the 26.61 percent ap2 portioned under this subparagraph multi3 plied by a ratio equal to the total bus vehi4 cle revenue miles operated in or directly 

5 serving the urbanized area divided by the 

6 total bus vehicle revenue miles attributable 

7 to all areas; 

8 ‘‘(ii) 25 percent of the 26.61 percent 

9 apportioned under this subparagraph mul10 tiplied by a ratio equal to the population of 

11 the area divided by the total population of 

12 all areas, as shown by the most recent de13 cennial census; and 

14 ‘‘(iii) 25 percent of the 26.61 percent 

15 apportioned under this subparagraph mul16 tiplied by a ratio for the area based on pop17 ulation weighted by a factor, established by 

18 the Secretary, of the number of inhabitants 

19 in each square mile. 

20 ‘‘(2) 9.2 percent of the total amount apportioned 

21 under this subsection shall be apportioned so that 

22 each urbanized area with a population of at least 

23 200,000 is entitled to receive an amount equal to— 

24 ‘‘(A) the number of bus passenger miles 

25 traveled multiplied by the number of bus pas-
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1 senger miles traveled for each dollar of operating 

2 cost in an area; divided by 

3 ‘‘(B) the total number of bus passenger 

4 miles traveled multiplied by the total number of 

5 bus passenger miles traveled for each dollar of 

6 operating cost in all areas. 

7 ‘‘(d) DATE OF APPORTIONMENT.—The Secretary 

8 shall— 

9 ‘‘(1) apportion amounts appropriated under sec10 tion 5338(a)(2)(C) of this title to carry out section 

11 5307 of this title not later than the 10th day after the 

12 date the amounts are appropriated or October 1 of the 

13 fiscal year for which the amounts are appropriated, 

14 whichever is later; and 

15 ‘‘(2) publish apportionments of the amounts, in16 cluding amounts attributable to each urbanized area 

17 with a population of more than 50,000 and amounts 

18 attributable to each State of a multistate urbanized 

19 area, on the apportionment date. 

20 ‘‘(e) AMOUNTS NOT APPORTIONED TO DESIGNATED

21 RECIPIENTS.—The Governor of a State may expend in an 

22 urbanized area with a population of less than 200,000 an 

23 amount apportioned under this section that is not appor24 tioned to a designated recipient, as defined in section 

25 5302(4). 
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1 ‘‘(f) TRANSFERS OF APPORTIONMENTS.—(1) The Gov2 ernor of a State may transfer any part of the State’s appor3 tionment under subsection (a)(1) of this section to supple4 ment amounts apportioned to the State under section 

5 5311(c)(3). The Governor may make a transfer only after 

6 consulting with responsible local officials and publicly 

7 owned operators of public transportation in each area for 

8 which the amount originally was apportioned under this 

9 section. 

10 ‘‘(2) The Governor of a State may transfer any part 

11 of the State’s apportionment under section 5311(c)(3) to 

12 supplement amounts apportioned to the State under sub13 section (a)(1) of this section. 

14 ‘‘(3) The Governor of a State may use throughout the 

15 State amounts of a State’s apportionment remaining avail16 able for obligation at the beginning of the 90-day period 

17 before the period of the availability of the amounts expires. 

18 ‘‘(4) A designated recipient for an urbanized area with 

19 a population of at least 200,000 may transfer a part of 

20 its apportionment under this section to the Governor of a 

21 State. The Governor shall distribute the transferred 

22 amounts to urbanized areas under this section. 

23 ‘‘(5) Capital and operating assistance limitations ap24 plicable to the original apportionment apply to amounts 

25 transferred under this subsection. 
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1 ‘‘(g) PERIOD OF AVAILABILITY TO RECIPIENTS.—An 

2 amount apportioned under this section may be obligated 

3 by the recipient for 5 years after the fiscal year in which 

4 the amount is apportioned. Not later than 30 days after 

5 the end of the 5-year period, an amount that is not obli6 gated at the end of that period shall be added to the amount 

7 that may be apportioned under this section in the next fis8 cal year. 

9 ‘‘(h) APPORTIONMENTS.—Of the amounts made avail10 able for each fiscal year under section 5338(a)(2)(C)— 

11 ‘‘(1) $35,000,000 shall be set aside to carry out 

12 section 5307(i); 

13 ‘‘(2) 3.07 percent shall be apportioned to urban14 ized areas in accordance with subsection (j); 

15 ‘‘(3) of amounts not apportioned under para16 graphs (1) and (2), 1 percent shall be apportioned to 

17 urbanized areas with populations of less than 200,000 

18 in accordance with subsection (i); and 

19 ‘‘(4) any amount not apportioned under para20 graphs (1), (2), and (3) shall be apportioned to ur21 banized areas in accordance with subsections (a) 

22 through (c). 

23 ‘‘(i) SMALL TRANSIT INTENSIVE CITIES FORMULA.— 

24 ‘‘(1) DEFINITIONS.—In this subsection, the fol25 lowing definitions apply: 
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1 ‘‘(A) ELIGIBLE AREA.—The term ‘eligible 

2 area’ means an urbanized area with a popu3 lation of less than 200,000 that meets or exceeds 

4 in one or more performance categories the indus5 try average for all urbanized areas with a popu6 lation of at least 200,000 but not more than 

7 999,999, as determined by the Secretary in ac8 cordance with subsection (c)(2). 

9 ‘‘(B) PERFORMANCE CATEGORY.—The term 

10 ‘performance category’ means each of the fol11 lowing: 

12 ‘‘(i) Passenger miles traveled per vehi13 cle revenue mile. 

14 ‘‘(ii) Passenger miles traveled per vehi15 cle revenue hour. 

16 ‘‘(iii) Vehicle revenue miles per capita. 

17 ‘‘(iv) Vehicle revenue hours per capita. 

18 ‘‘(v) Passenger miles traveled per cap19 ita. 

20 ‘‘(vi) Passengers per capita. 

21 ‘‘(2) APPORTIONMENT.— 

22 ‘‘(A) APPORTIONMENT FORMULA.—The 

23 amount to be apportioned under subsection 

24 (h)(3) shall be apportioned among eligible areas 

25 in the ratio that— 
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1 ‘‘(i) the number of performance cat2 egories for which each eligible area meets or 

3 exceeds the industry average in urbanized 

4 areas with a population of at least 200,000 

5 but not more than 999,999; bears to 

6 ‘‘(ii) the aggregate number of perform7 ance categories for which all eligible areas 

8 meet or exceed the industry average in ur9 banized areas with a population of at least 

10 200,000 but not more than 999,999. 

11 ‘‘(B) DATA USED IN FORMULA.—The Sec12 retary shall calculate apportionments under this 

13 subsection for a fiscal year using data from the 

14 national transit database used to calculate ap15 portionments for that fiscal year under this sec16 tion. 

17 ‘‘(j) APPORTIONMENT FORMULA.—The amounts ap18 portioned under subsection (h)(2) shall be apportioned 

19 among urbanized areas as follows: 

20 ‘‘(1) 75 percent of the funds shall be apportioned 

21 among designated recipients for urbanized areas with 

22 a population of 200,000 or more in the ratio that— 

23 ‘‘(A) the number of eligible low-income indi24 viduals in each such urbanized area; bears to 
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1 ‘‘(B) the number of eligible low-income indi2 viduals in all such urbanized areas. 

3 ‘‘(2) 25 percent of the funds shall be apportioned 

4 among designated recipients for urbanized areas with 

5 a population of less than 200,000 in the ratio that— 

6 ‘‘(A) the number of eligible low-income indi7 viduals in each such urbanized area; bears to 

8 ‘‘(B) the number of eligible low-income indi9 viduals in all such urbanized areas.’’. 

10 SEC. 20028. STATE OF GOOD REPAIR GRANTS. 

11 Section 5337 of title 49, United States Code, is amend12 ed to read as follows: 

13 ‘‘§ 5337. State of good repair grants 

14 ‘‘(a) DEFINITIONS.—In this section, the following defi15 nitions shall apply: 

16 ‘‘(1) FIXED GUIDEWAY.—The term ‘fixed guide17 way’ means a public transportation facility— 

18 ‘‘(A) using and occupying a separate right19 of-way for the exclusive use of public transpor20 tation; 

21 ‘‘(B) using rail; 

22 ‘‘(C) using a fixed catenary system; 

23 ‘‘(D) for a passenger ferry system; or 

24 ‘‘(E) for a bus rapid transit system. 
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1 ‘‘(2) STATE.—The term ‘State’ means the 50 

2 States, the District of Columbia, and Puerto Rico. 

3 ‘‘(3) STATE OF GOOD REPAIR.—The term ‘state 

4 of good repair’ has the meaning given that term by 

5 the Secretary, by rule, under section 5326(b). 

6 ‘‘(4) TRANSIT ASSET MANAGEMENT PLAN.—The 

7 term ‘transit asset management plan’ means a plan 

8 developed by a recipient of funding under this chapter 

9 that— 

10 ‘‘(A) includes, at a minimum, capital asset 

11 inventories and condition assessments, decision 

12 support tools, and investment prioritization; and 

13 ‘‘(B) the recipient certifies that the recipient 

14 complies with the rule issued under section 

15 5326(d). 

16 ‘‘(b) GENERAL AUTHORITY.— 

17 ‘‘(1) ELIGIBLE PROJECTS.—The Secretary may 

18 make grants under this section to assist State and 

19 local governmental authorities in financing capital 

20 projects to maintain public transportation systems in 

21 a state of good repair, including projects to replace 

22 and rehabilitate— 

23 ‘‘(A) rolling stock; 

24 ‘‘(B) track; 

25 ‘‘(C) line equipment and structures; 
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1 ‘‘(D) signals and communications; 

2 ‘‘(E) power equipment and substations; 

3 ‘‘(F) passenger stations and terminals; 

4 ‘‘(G) security equipment and systems; 

5 ‘‘(H) maintenance facilities and equipment; 

6 ‘‘(I) operational support equipment, includ7 ing computer hardware and software; 

8 ‘‘(J) development and implementation of a 

9 transit asset management plan; and 

10 ‘‘(K) other replacement and rehabilitation 

11 projects the Secretary determines appropriate. 

12 ‘‘(2) INCLUSION IN PLAN.—A recipient shall in13 clude a project carried out under paragraph (1) in 

14 the transit asset management plan of the recipient 

15 upon completion of the plan. 

16 ‘‘(c) HIGH INTENSITY FIXED GUIDEWAY STATE OF

17 GOOD REPAIR FORMULA.— 

18 ‘‘(1) IN GENERAL.—Of the amount authorized or 

19 made available under section 5338(a)(2)(M), 

20 $1,874,763,500 shall be apportioned to recipients in 

21 accordance with this subsection. 

22 ‘‘(2) AREA SHARE.— 

23 ‘‘(A) IN GENERAL.—50 percent of the 

24 amount described in paragraph (1) shall be ap-
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1 portioned for fixed guideway systems in accord2 ance with this paragraph. 

3 ‘‘(B) SHARE.—A recipient shall receive an 

4 amount equal to the amount described in sub5 paragraph (A), multiplied by the amount the re6 cipient would have received under this section, as 

7 in effect for fiscal year 2011, if the amount had 

8 been calculated in accordance with section 

9 5336(b)(1) and using the definition of the term 

10 ‘fixed guideway’ under subsection (a) of this sec11 tion, as such sections are in effect on the day 

12 after the date of enactment of the Federal Public 

13 Transportation Act of 2012, and divided by the 

14 total amount apportioned for all areas under 

15 this section for fiscal year 2011. 

16 ‘‘(C) RECIPIENT.—For purposes of this 

17 paragraph, the term ‘recipient’ means an entity 

18 that received funding under this section, as in ef19 fect for fiscal year 2011. 

20 ‘‘(3) VEHICLE REVENUE MILES AND DIREC21 TIONAL ROUTE MILES.— 

22 ‘‘(A) IN GENERAL.—50 percent of the 

23 amount described in paragraph (1) shall be ap24 portioned to recipients in accordance with this 

25 paragraph. 
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1 ‘‘(B) VEHICLE REVENUE MILES.—A recipi2 ent in an urbanized area shall receive an 

3 amount equal to 60 percent of the amount de4 scribed in subparagraph (A), multiplied by the 

5 number of fixed guideway vehicle revenue miles 

6 attributable to the urbanized area, as established 

7 by the Secretary, divided by the total number of 

8 all fixed guideway vehicle revenue miles attrib9 utable to all urbanized areas. 

10 ‘‘(C) DIRECTIONAL ROUTE MILES.—A re11 cipient in an urbanized area shall receive an 

12 amount equal to 40 percent of the amount de13 scribed in subparagraph (A), multiplied by the 

14 number of fixed guideway directional route miles 

15 attributable to the urbanized area, as established 

16 by the Secretary, divided by the total number of 

17 all fixed guideway directional route miles attrib18 utable to all urbanized areas. 

19 ‘‘(4) LIMITATION.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the share of the total amount 

22 apportioned under this section that is appor23 tioned to an area under this subsection shall not 

24 decrease by more than 0.25 percentage points 
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1 compared to the share apportioned to the area 

2 under this subsection in the previous fiscal year. 

3 ‘‘(B) SPECIAL RULE FOR FISCAL YEAR

4 2012.—In fiscal year 2012, the share of the total 

5 amount apportioned under this section that is 

6 apportioned to an area under this subsection 

7 shall not decrease by more than 0.25 percentage 

8 points compared to the share that would have 

9 been apportioned to the area under this section, 

10 as in effect for fiscal year 2011, if the share had 

11 been calculated using the definition of the term 

12 ‘fixed guideway’ under subsection (a) of this sec13 tion, as in effect on the day after the date of en14 actment of the Federal Public Transportation 

15 Act of 2012. 

16 ‘‘(5) USE OF FUNDS.—Amounts made available 

17 under this subsection shall be available for the exclu18 sive use of fixed guideway projects. 

19 ‘‘(6) RECEIVING APPORTIONMENT.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), for an area with a fixed 

22 guideway system, the amounts provided under 

23 this section shall be apportioned to the des24 ignated recipient for the urbanized area in which 

25 the system operates. 
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1 ‘‘(B) EXCEPTION.—An area described in the 

2 amendment made by section 3028(a) of the 

3 Transportation Equity Act for the 21st Century 

4 (Public Law 105–178; 112 Stat. 366) shall re5 ceive an individual apportionment under this 

6 subsection. 

7 ‘‘(7) APPORTIONMENT REQUIREMENTS.—For 

8 purposes of determining the number of fixed guideway 

9 vehicle revenue miles or fixed guideway directional 

10 route miles attributable to an urbanized area for a 

11 fiscal year under this subsection, only segments of 

12 fixed guideway systems placed in revenue service not 

13 later than 7 years before the first day of the fiscal 

14 year shall be deemed to be attributable to an urban15 ized area. 

16 ‘‘(d) FIXED GUIDEWAY STATE OF GOOD REPAIR

17 GRANT PROGRAM.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make 

19 grants under this section to assist State and local 

20 governmental authorities in financing fixed guideway 

21 capital projects to maintain public transportation 

22 systems in a state of good repair. 

23 ‘‘(2) COMPETITIVE PROCESS.—The Secretary 

24 shall solicit grant applications and make grants for 

25 eligible projects on a competitive basis. 
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1 ‘‘(3) PRIORITY CONSIDERATION.—In making 

2 grants under this subsection, the Secretary shall give 

3 priority to grant applications received from recipients 

4 receiving an amount under this section that is not 

5 less than 2 percent less than the amount the recipient 

6 would have received under this section, as in effect for 

7 fiscal year 2011, if the amount had been calculated 

8 using the definition of the term ‘fixed guideway’ 

9 under subsection (a) of this section, as in effect on the 

10 day after the date of enactment of the Federal Public 

11 Transportation Act of 2012. 

12 ‘‘(e) HIGH INTENSITY MOTORBUS STATE OF GOOD RE13 PAIR.— 

14 ‘‘(1) DEFINITION.—For purposes of this sub15 section, the term ‘high intensity motorbus’ means 

16 public transportation that is provided on a facility 

17 with access for other high-occupancy vehicles. 

18 ‘‘(2) APPORTIONMENT.—Of the amount author19 ized or made available under section 5338(a)(2)(M), 

20 $112,500,000 shall be apportioned to urbanized areas 

21 for high intensity motorbus state of good repair in ac22 cordance with this subsection. 

23 ‘‘(3) VEHICLE REVENUE MILES AND DIREC24 TIONAL ROUTE MILES.— 
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1 ‘‘(A) IN GENERAL.—$60,000,000 of the 

2 amount described in paragraph (2) shall be ap3 portioned to each area in accordance with this 

4 paragraph. 

5 ‘‘(B) VEHICLE REVENUE MILES.—Each 

6 area shall receive an amount equal to 60 percent 

7 of the amount described in subparagraph (A), 

8 multiplied by the number of high intensity 

9 motorbus vehicle revenue miles attributable to the 

10 area, as established by the Secretary, divided by 

11 the total number of all high intensity motorbus 

12 vehicle revenue miles attributable to all areas. 

13 ‘‘(C) DIRECTIONAL ROUTE MILES.—Each 

14 area shall receive an amount equal to 40 percent 

15 of the amount described in subparagraph (A), 

16 multiplied by the number of high intensity 

17 motorbus directional route miles attributable to 

18 the area, as established by the Secretary, divided 

19 by the total number of all high intensity 

20 motorbus directional route miles attributable to 

21 all areas. 

22 ‘‘(4) SPECIAL RULE FOR HIGH INTENSITY

23 MOTORBUS.— 
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1 ‘‘(A) IN GENERAL.—$52,500,000 of the 

2 amount described in paragraph (2) shall be ap3 portioned— 

4 ‘‘(i) in accordance with this para5 graph; and 

6 ‘‘(ii) among urbanized areas within a 

7 State in the same proportion as funds are 

8 apportioned within a State under section 

9 5336, except subsection (b), and shall be 

10 added to such amounts. 

11 ‘‘(B) TERRITORIES.—Of the amount de12 scribed in subparagraph (A), $500,000 shall be 

13 distributed among the territories, as determined 

14 by the Secretary. 

15 ‘‘(C) STATES.—Of the amount described in 

16 subparagraph (A), each State shall receive 

17 $1,000,000. 

18 ‘‘(5) USE OF FUNDS.—A recipient may transfer 

19 any part of the apportionment under this subsection 

20 for use under subsection (c). 

21 ‘‘(6) APPORTIONMENT REQUIREMENTS.—For 

22 purposes of determining the number of high intensity 

23 motorbus vehicle revenue miles or high intensity 

24 motorbus directional route miles attributable to an 

25 urbanized area for a fiscal year under this subsection, 
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† HR 4348 EAS 

1 only segments of high intensity motorbus systems 

2 placed in revenue service not later than 7 years before 

3 the first day of the fiscal year shall be deemed to be 

4 attributable to an urbanized area. 

5 ‘‘(f) BUS AND BUS FACILITIES STATE OF GOOD RE6 PAIR GRANT PROGRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary may make 

8 grants under this subsection to assist State and local 

9 governmental authorities in financing bus and bus fa10 cility capital projects to maintain public transpor11 tation systems in a state of good repair. 

12 ‘‘(2) COMPETITIVE PROCESS.—The Secretary 

13 shall solicit grant applications and make grants for 

14 capital projects on a competitive basis. 

15 ‘‘(3) DISTRIBUTION.—The Secretary shall ensure 

16 that not less than 40 percent of the funds allocated on 

17 a competitive basis are distributed to rural areas. 

18 ‘‘(4) PRIORITY CONSIDERATION.—In making 

19 grants under this subsection, the Secretary shall give 

20 priority to recipients providing bus-only or high-in21 tensity motorbus service (as defined in subsection 

22 (e)(1)) in a State whose recipients’ total apportion23 ment from section 5338(a) in fiscal year 2012 minus 

24 the recipients’ total apportionment from section 

25 5338(a) in fiscal year 2011 does not exceed 90 percent 
918 

† HR 4348 EAS 

1 of the average annual amount the recipients in the 

2 State received under section 5309(m)(2)(c), as in ef3 fect on October 1, 2011, in fiscal years 2006 through 

4 2011.’’. 

5 SEC. 20029. AUTHORIZATIONS. 

6 Section 5338 of title 49, United States Code, is amend7 ed to read as follows: 

8 ‘‘§ 5338. Authorizations 

9 ‘‘(a) FORMULA GRANTS.— 

10 ‘‘(1) IN GENERAL.—There shall be available from 

11 the Mass Transit Account of the Highway Trust Fund 

12 to carry out sections 5305, 5307, 5308, 5310, 5311, 

13 5312, 5313, 5314, 5315, 5322, 5335, and 5340, sub14 sections (c) and (e) of section 5337, and section 

15 20005(b) of the Federal Public Transportation Act of 

16 2012, $8,360,565,000 for each of fiscal years 2012 and 

17 2013. 

18 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

19 made available under paragraph (1)— 

20 ‘‘(A) $124,850,000 for each of fiscal years 

21 2012 and 2013 shall be available to carry out 

22 section 5305; 

23 ‘‘(B) $20,000,000 for each of fiscal years 

24 2012 and 2013 shall be available to carry out 
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† HR 4348 EAS 

1 section 20005(b) of the Federal Public Transpor2 tation Act of 2012; 

3 ‘‘(C) $4,756,161,500 for each of fiscal years 

4 2012 and 2013 shall be allocated in accordance 

5 with section 5336 to provide financial assistance 

6 for urbanized areas under section 5307; 

7 ‘‘(D) $65,150,000 for each of fiscal years 

8 2012 and 2013 shall be available to carry out 

9 section 5308, of which not less than $8,500,000 

10 shall be used to carry out activities under section 

11 5312; 

12 ‘‘(E) $248,600,000 for each of fiscal years 

13 2012 and 2013 shall be available to provide fi14 nancial assistance for services for the enhanced 

15 mobility of seniors and individuals with disabil16 ities under section 5310; 

17 ‘‘(F) $591,190,000 for each of fiscal years 

18 2012 and 2013 shall be available to provide fi19 nancial assistance for other than urbanized areas 

20 under section 5311, of which not less than 

21 $30,000,000 shall be available to carry out sec22 tion 5311(c)(1) and $20,000,000 shall be avail23 able to carry out section 5311(c)(2); 

24 ‘‘(G) $34,000,000 for each of fiscal years 

25 2012 and 2013 shall be available to carry out re-
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† HR 4348 EAS 

1 search, development, demonstration, and deploy2 ment projects under section 5312; 

3 ‘‘(H) $6,500,000 for each of fiscal years 

4 2012 and 2013 shall be available to carry out a 

5 transit cooperative research program under sec6 tion 5313; 

7 ‘‘(I) $4,500,000 for each of fiscal years 2012 

8 and 2013 shall be available for technical assist9 ance and standards development under section 

10 5314; 

11 ‘‘(J) $5,000,000 for each of fiscal years 2012 

12 and 2013 shall be available for the National 

13 Transit Institute under section 5315; 

14 ‘‘(K) $2,000,000 for each of fiscal years 

15 2012 and 2013 shall be available for workforce 

16 development and human resource grants under 

17 section 5322; 

18 ‘‘(L) $3,850,000 for each of fiscal years 

19 2012 and 2013 shall be available to carry out 

20 section 5335; 

21 ‘‘(M) $1,987,263,500 for each of fiscal years 

22 2012 and 2013 shall be available to carry out 

23 subsections (c) and (e) of section 5337; and 

24 ‘‘(N) $511,500,000 for each of fiscal years 

25 2012 and 2013 shall be allocated in accordance 
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† HR 4348 EAS 

1 with section 5340 to provide financial assistance 

2 for urbanized areas under section 5307 and other 

3 than urbanized areas under section 5311. 

4 ‘‘(b) EMERGENCY RELIEF PROGRAM.—There are au5 thorized to be appropriated such sums as are necessary to 

6 carry out section 5306. 

7 ‘‘(c) CAPITAL INVESTMENT GRANTS.—There are au8 thorized to be appropriated to carry out section 5309, 

9 $1,955,000,000 for each of fiscal years 2012 and 2013, of 

10 which not less than $75,000,000 shall be available to carry 

11 out section 5337(f). 

12 ‘‘(d) PAUL S. SARBANES TRANSIT IN THE PARKS.— 

13 There are authorized to be appropriated to carry out section 

14 5320, $26,900,000 for each of fiscal years 2012 and 2013. 

15 ‘‘(e) FIXED GUIDEWAY STATE OF GOOD REPAIR

16 GRANT PROGRAM.—There are authorized to be appro17 priated to carry out section 5337(d), $7,463,000 for each 

18 of fiscal years 2012 and 2013. 

19 ‘‘(f) ADMINISTRATION.— 

20 ‘‘(1) IN GENERAL.—There are authorized to be 

21 appropriated to carry out section 5334, $108,350,000 

22 for each of fiscal years 2012 and 2013. 

23 ‘‘(2) SECTION 5329.—Of the amounts authorized 

24 to be appropriated under paragraph (1), not less than 
922 

† HR 4348 EAS 

1 $10,000,000 shall be available to carry out section 

2 5329. 

3 ‘‘(3) SECTION 5326.—Of the amounts made avail4 able under paragraph (2), not less than $1,000,000 

5 shall be available to carry out section 5326. 

6 ‘‘(g) OVERSIGHT.— 

7 ‘‘(1) IN GENERAL.—Of the amounts made avail8 able to carry out this chapter for a fiscal year, the 

9 Secretary may use not more than the following 

10 amounts for the activities described in paragraph (2): 

11 ‘‘(A) 0.5 percent of amounts made available 

12 to carry out section 5305. 

13 ‘‘(B) 0.75 percent of amounts made avail14 able to carry out section 5307. 

15 ‘‘(C) 1 percent of amounts made available 

16 to carry out section 5309. 

17 ‘‘(D) 1 percent of amounts made available 

18 to carry out section 601 of the Passenger Rail 

19 Investment and Improvement Act of 2008 (Pub20 lic Law 110–432; 126 Stat. 4968). 

21 ‘‘(E) 0.5 percent of amounts made available 

22 to carry out section 5310. 

23 ‘‘(F) 0.5 percent of amounts made available 

24 to carry out section 5311. 
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† HR 4348 EAS 

1 ‘‘(G) 0.5 percent of amounts made available 

2 to carry out section 5320. 

3 ‘‘(H) 0.75 percent of amounts made avail4 able to carry out section 5337(c). 

5 ‘‘(2) ACTIVITIES.—The activities described in 

6 this paragraph are as follows: 

7 ‘‘(A) Activities to oversee the construction of 

8 a major capital project. 

9 ‘‘(B) Activities to review and audit the safe10 ty and security, procurement, management, and 

11 financial compliance of a recipient or sub12 recipient of funds under this chapter. 

13 ‘‘(C) Activities to provide technical assist14 ance generally, and to provide technical assist15 ance to correct deficiencies identified in compli16 ance reviews and audits carried out under this 

17 section. 

18 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The Gov19 ernment shall pay the entire cost of carrying out a 

20 contract under this subsection. 

21 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.—Funds 

22 made available under paragraph (1)(C) shall be made 

23 available to the Secretary before allocating the funds 

24 appropriated to carry out any project under a full 

25 funding grant agreement. 
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1 ‘‘(h) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

2 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

3 FUND.—A grant or contract that is approved by the 

4 Secretary and financed with amounts made available 

5 from the Mass Transit Account of the Highway Trust 

6 Fund pursuant to this section is a contractual obliga7 tion of the Government to pay the Government share 

8 of the cost of the project. 

9 ‘‘(2) GRANTS FINANCED FROM GENERAL FUND.— 

10 A grant or contract that is approved by the Secretary 

11 and financed with amounts appropriated in advance 

12 from the General Fund of the Treasury pursuant to 

13 this section is a contractual obligation of the Govern14 ment to pay the Government share of the cost of the 

15 project only to the extent that amounts are appro16 priated for such purpose by an Act of Congress. 

17 ‘‘(i) AVAILABILITY OF AMOUNTS.—Amounts made 

18 available by or appropriated under this section shall re19 main available until expended.’’. 

20 SEC. 20030. APPORTIONMENTS BASED ON GROWING STATES 

21 AND HIGH DENSITY STATES FORMULA FAC22 TORS. 

23 Section 5340 of title 49, United States Code, is amend24 ed to read as follows: 
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† HR 4348 EAS 

1 ‘‘§ 5340. Apportionments based on growing States and 

2 high density States formula factors 

3 ‘‘(a) DEFINITION.—In this section, the term ‘State’ 

4 shall mean each of the 50 States of the United States. 

5 ‘‘(b) ALLOCATION.—Of the amounts made available for 

6 each fiscal year under section 5338(a)(2)(N), the Secretary 

7 shall apportion— 

8 ‘‘(1) 50 percent to States and urbanized areas in 

9 accordance with subsection (c); and 

10 ‘‘(2) 50 percent to States and urbanized areas in 

11 accordance with subsection (d). 

12 ‘‘(c) GROWING STATE APPORTIONMENTS.— 

13 ‘‘(1) APPORTIONMENT AMONG STATES.—The 

14 amounts apportioned under subsection (b)(1) shall 

15 provide each State with an amount equal to the total 

16 amount apportioned multiplied by a ratio equal to 

17 the population of that State forecast for the year that 

18 is 15 years after the most recent decennial census, di19 vided by the total population of all States forecast for 

20 the year that is 15 years after the most recent decen21 nial census. Such forecast shall be based on the popu22 lation trend for each State between the most recent 

23 decennial census and the most recent estimate of pop24 ulation made by the Secretary of Commerce. 
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† HR 4348 EAS 

1 ‘‘(2) APPORTIONMENTS BETWEEN URBANIZED

2 AREAS AND OTHER THAN URBANIZED AREAS IN EACH

3 STATE.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall ap5 portion amounts to each State under paragraph 

6 (1) so that urbanized areas in that State receive 

7 an amount equal to the amount apportioned to 

8 that State multiplied by a ratio equal to the sum 

9 of the forecast population of all urbanized areas 

10 in that State divided by the total forecast popu11 lation of that State. In making the apportion12 ment under this subparagraph, the Secretary 

13 shall utilize any available forecasts made by the 

14 State. If no forecasts are available, the Secretary 

15 shall utilize data on urbanized areas and total 

16 population from the most recent decennial cen17 sus. 

18 ‘‘(B) REMAINING AMOUNTS.—Amounts re19 maining for each State after apportionment 

20 under subparagraph (A) shall be apportioned to 

21 that State and added to the amount made avail22 able for grants under section 5311. 

23 ‘‘(3) APPORTIONMENTS AMONG URBANIZED

24 AREAS IN EACH STATE.—The Secretary shall appor25 tion amounts made available to urbanized areas in 
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† HR 4348 EAS 

1 each State under paragraph (2)(A) so that each ur2 banized area receives an amount equal to the amount 

3 apportioned under paragraph (2)(A) multiplied by a 

4 ratio equal to the population of each urbanized area 

5 divided by the sum of populations of all urbanized 

6 areas in the State. Amounts apportioned to each ur7 banized area shall be added to amounts apportioned 

8 to that urbanized area under section 5336, and made 

9 available for grants under section 5307. 

10 ‘‘(d) HIGH DENSITY STATE APPORTIONMENTS.— 

11 Amounts to be apportioned under subsection (b)(2) shall be 

12 apportioned as follows: 

13 ‘‘(1) ELIGIBLE STATES.—The Secretary shall 

14 designate as eligible for an apportionment under this 

15 subsection all States with a population density in ex16 cess of 370 persons per square mile. 

17 ‘‘(2) STATE URBANIZED LAND FACTOR.—For 

18 each State qualifying for an apportionment under 

19 paragraph (1), the Secretary shall calculate an 

20 amount equal to— 

21 ‘‘(A) the total land area of the State (in 

22 square miles); multiplied by 

23 ‘‘(B) 370; multiplied by 

24 ‘‘(C)(i) the population of the State in ur25 banized areas; divided by 
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† HR 4348 EAS 

1 ‘‘(ii) the total population of the State. 

2 ‘‘(3) STATE APPORTIONMENT FACTOR.—For each 

3 State qualifying for an apportionment under para4 graph (1), the Secretary shall calculate an amount 

5 equal to the difference between the total population of 

6 the State less the amount calculated in paragraph (2). 

7 ‘‘(4) STATE APPORTIONMENT.—Each State 

8 qualifying for an apportionment under paragraph (1) 

9 shall receive an amount equal to the amount to be ap10 portioned under this subsection multiplied by the 

11 amount calculated for the State under paragraph (3) 

12 divided by the sum of the amounts calculated under 

13 paragraph (3) for all States qualifying for an appor14 tionment under paragraph (1). 

15 ‘‘(5) APPORTIONMENTS AMONG URBANIZED

16 AREAS IN EACH STATE.—The Secretary shall appor17 tion amounts made available to each State under 

18 paragraph (4) so that each urbanized area receives an 

19 amount equal to the amount apportioned under para20 graph (4) multiplied by a ratio equal to the popu21 lation of each urbanized area divided by the sum of 

22 populations of all urbanized areas in the State. 

23 Amounts apportioned to each urbanized area shall be 

24 added to amounts apportioned to that urbanized area 
929 

† HR 4348 EAS 

1 under section 5336, and made available for grants 

2 under section 5307.’’. 

3 SEC. 20031. TECHNICAL AND CONFORMING AMENDMENTS. 

4 (a) SECTION 5305.—Section 5305 of title 49, United 

5 States Code, is amended— 

6 (1) in subsection (c), by striking ‘‘sections 5303, 

7 5304, and 5306’’ and inserting ‘‘sections 5303 and 

8 5304’’; 

9 (2) in subsection (d), by striking ‘‘sections 5303 

10 and 5306’’ each place that term appears and insert11 ing ‘‘section 5303’’; 

12 (3) in subsection (e)(1)(A), by striking ‘‘sections 

13 5304, 5306, 5315, and 5322’’ and inserting ‘‘section 

14 5304’’; 

15 (4) in subsection (f)— 

16 (A) in the heading, by striking ‘‘GOVERN17 MENT’S’’ and inserting ‘‘GOVERNMENT’’; and 

18 (B) by striking ‘‘Government’s’’ and insert19 ing ‘‘Government’’; and 

20 (5) in subsection (g), by striking ‘‘section 5338(c) 

21 for fiscal years 2005 through 2011 and for the period 

22 beginning on October 1, 2011, and ending on March 

23 31, 2012’’ and inserting ‘‘section 5338(a)(2)(A) for a 

24 fiscal year’’. 
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† HR 4348 EAS 

1 (b) SECTION 5313.—Section 5313(a) of title 49, 

2 United States Code, is amended— 

3 (1) in the first sentence, by striking ‘‘subsections 

4 (a)(5)(C)(iii) and (d)(1) of section 5338’’ and insert5 ing section ‘‘5338(a)(2)(H)’’; and 

6 (2) in the second sentence, by striking ‘‘of Trans7 portation’’. 

8 (c) SECTION 5319.—Section 5319 of title 49, United 

9 States Code, is amended, in the second sentence— 

10 (1) by striking ‘‘sections 5307(e), 5309(h), and 

11 5311(g) of this title’’ and inserting ‘‘sections 5307(e), 

12 5309(k), and 5311(h)’’; and 

13 (2) by striking ‘‘of the United States’’ and in14 serting ‘‘made by the’’. 

15 (d) SECTION 5325.—Section 5325(b)(2)(A) of title 49, 

16 United States Code, is amended by striking ‘‘title 48, Code 

17 of Federal Regulations (commonly known as the Federal 

18 Acquisition Regulation)’’ and inserting ‘‘the Federal Acqui19 sition Regulation, or any successor thereto’’. 

20 (e) SECTION 5330.—Effective 3 years after the effective 

21 date of the final rules issued by the Secretary of Transpor22 tation under section 5329(e) of title 49, United States Code, 

23 as amended by this division, section 5330 of title 49, United 

24 States Code, is repealed. 
931 

† HR 4348 EAS 

1 (f) SECTION 5331.—Section 5331 of title 49, United 

2 States Code, is amended by striking ‘‘Secretary of Trans3 portation’’ each place that term appears and inserting 

4 ‘‘Secretary’’. 

5 (g) SECTION 5332.—Section 5332(c)(1) of title 49, 

6 United States Code, is amended by striking ‘‘of Transpor7 tation’’. 

8 (h) SECTION 5333.—Section 5333(a) of title 49, 

9 United States Code, is amended by striking ‘‘sections 3141– 

10 3144’’ and inserting ‘‘sections 3141 through 3144’’. 

11 (i) SECTION 5334.—Section 5334 of title 49, United 

12 States Code, is amended— 

13 (1) in subsection (c)— 

14 (A) by striking ‘‘Secretary of Transpor15 tation’’ each place that term appears and insert16 ing ‘‘Secretary’’; and 

17 (B) in paragraph (1), by striking ‘‘Commit18 tees on Transportation and Infrastructure and 

19 Appropriations of the House of Representatives 

20 and the Committees on Banking, Housing, and 

21 Urban Affairs and Appropriations of the Sen22 ate’’ and inserting ‘‘Committee on Banking, 

23 Housing, and Urban Affairs and the Committee 

24 on Appropriations of the Senate and the Com25 mittee on Transportation and Infrastructure and 
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† HR 4348 EAS 

1 the Committee on Appropriations of the House of 

2 Representatives’’; 

3 (2) in subsection (d), by striking ‘‘of Transpor4 tation’’; 

5 (3) in subsection (e), by striking ‘‘of Transpor6 tation’’; 

7 (4) in subsection (f), by striking ‘‘of Transpor8 tation’’; 

9 (5) in subsection (g), in the matter preceding 

10 paragraph (1)— 

11 (A) by striking ‘‘of Transportation’’; and 

12 (B) by striking ‘‘subsection (a)(3) or (4) of 

13 this section’’ and inserting ‘‘paragraph (3) or (4) 

14 of subsection (a)’’; 

15 (6) in subsection (h)— 

16 (A) in paragraph (1), in the matter pre17 ceding subparagraph (A), by striking ‘‘of Trans18 portation’’; and 

19 (B) in paragraph (2), by striking ‘‘of this 

20 section’’; 

21 (7) in subsection (i)(1), by striking ‘‘of Trans22 portation’’; and 

23 (8) in subsection (j), as so redesignated by sec24 tion 20025 of this division, by striking ‘‘Committees 

25 on Banking, Housing, and Urban Affairs and Appro-
933 

† HR 4348 EAS 

1 priations of the Senate and Committees on Transpor2 tation and Infrastructure and Appropriations of the 

3 House of Representatives’’ and inserting ‘‘Committee 

4 on Banking, Housing, and Urban Affairs and the 

5 Committee on Appropriations of the Senate and the 

6 Committee on Transportation and Infrastructure and 

7 the Committee on Appropriations of the House of 

8 Representatives’’. 

9 (j) SECTION 5335.—Section 5335(a) of title 49, United 

10 States Code, is amended by striking ‘‘of Transportation’’. 

11 (k) TABLE OF SECTIONS.—The table of sections for 

12 chapter 53 of title 49, United States Code, is amended to 

13 read as follows: 

‘‘Sec. 

‘‘5301. Policies, purposes, and goals. 

‘‘5302. Definitions. 

‘‘5303. Metropolitan transportation planning. 

‘‘5304. Statewide and nonmetropolitan transportation planning. 

‘‘5305. Planning programs. 

‘‘5306. Public transportation emergency relief program. 

‘‘5307. Urbanized area formula grants. 

‘‘5308. Clean fuel grant program. 

‘‘5309. Fixed guideway capital investment grants. 

‘‘5310. Formula grants for the enhanced mobility of seniors and individuals with 

disabilities. 

‘‘5311. Formula grants for other than urbanized areas. 

‘‘5312. Research, development, demonstration, and deployment projects. 

‘‘5313. Transit cooperative research program. 

‘‘5314. Technical assistance and standards development. 

‘‘5315. National Transit Institute. 

‘‘[5316. Repealed.] 

‘‘[5317. Repealed.] 

‘‘5318. Bus testing facilities. 

‘‘5319. Bicycle facilities. 

‘‘5320. Alternative transportation in parks and public lands. 

‘‘[5321. Repealed.] 

‘‘5322. Public transportation workforce development and human resource programs. 

‘‘5323. General provisions. 

‘‘[5324. Repealed.] 
934 

† HR 4348 EAS 

‘‘5325. Contract requirements. 

‘‘5326. Transit asset management. 

‘‘5327. Project management oversight. 

‘‘[5328. Repealed.] 

‘‘5329. Public transportation safety program. 

‘‘5330. State safety oversight. 

‘‘5331. Alcohol and controlled substances testing. 

‘‘5332. Nondiscrimination. 

‘‘5333. Labor standards. 

‘‘5334. Administrative provisions. 

‘‘5335. National transit database. 

‘‘5336. Apportionment of appropriations for formula grants. 

‘‘5337. State of good repair grants. 

‘‘5338. Authorizations. 

‘‘[5339. Repealed.] 

‘‘5340. Apportionments based on growing States and high density States formula 

factors. 
935 

† HR 4348 EAS 

1 DIVISION C—TRANSPORTATION 

2 SAFETY AND SURFACE TRANS3 PORTATION POLICY 

4 TITLE I—MOTOR VEHICLE AND 

5 HIGHWAY SAFETY IMPROVE6 MENT ACT OF 2012 

7 SEC. 31001. SHORT TITLE. 

8 This title may be cited as the ‘‘Motor Vehicle and 

9 Highway Safety Improvement Act of 2012’’ or ‘‘Mariah’s 

10 Act’’. 

11 SEC. 31002. DEFINITION. 

12 In this title, the term ‘‘Secretary’’ means the Secretary 

13 of Transportation. 

14 Subtitle A—Highway Safety 

15 SEC. 31101. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—The following sums are authorized 

17 to be appropriated out of the Highway Trust Fund (other 

18 than the Mass Transit Account): 

19 (1) HIGHWAY SAFETY PROGRAMS.—For carrying 

20 out section 402 of title 23, United States Code— 

21 (A) $243,000,000 for fiscal year 2012; and 

22 (B) $243,000,000 for fiscal year 2013. 

23 (2) HIGHWAY SAFETY RESEARCH AND DEVELOP24 MENT.—For carrying out section 403 of title 23, 

25 United States Code— 
936 

† HR 4348 EAS 

1 (A) $130,000,000 for fiscal year 2012; and 

2 (B) $139,000,000 for fiscal year 2013. 

3 (3) COMBINED OCCUPANT PROTECTION

4 GRANTS.—For carrying out section 405 of title 23, 

5 United States Code— 

6 (A) $44,000,000 for fiscal year 2012; and 

7 (B) $44,000,000 for fiscal year 2013. 

8 (4) STATE TRAFFIC SAFETY INFORMATION SYS9 TEM IMPROVEMENTS.—For carrying out section 408 

10 of title 23, United States Code— 

11 (A) $44,000,000 for fiscal year 2012; and 

12 (B) $44,000,000 for fiscal year 2013. 

13 (5) IMPAIRED DRIVING COUNTERMEASURES.— 

14 For carrying out section 410 of title 23, United States 

15 Code— 

16 (A) $139,000,000 for fiscal year 2012; and 

17 (B) $139,000,000 for fiscal year 2013. 

18 (6) DISTRACTED DRIVING GRANTS.—For car19 rying out section 411 of title 23, United States 

20 Code— 

21 (A) $39,000,000 for fiscal year 2012; and 

22 (B) $39,000,000 for fiscal year 2013. 

23 (7) NATIONAL DRIVER REGISTER.—For the Na24 tional Highway Traffic Safety Administration to 
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† HR 4348 EAS 

1 carry out chapter 303 of title 49, United States 

2 Code— 

3 (A) $5,000,000 for fiscal year 2012; and 

4 (B) $5,000,000 for fiscal year 2013. 

5 (8) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 

6 For carrying out section 2009 of SAFETEA–LU (23 

7 U.S.C. 402 note)— 

8 (A) $37,000,000 for fiscal year 2012; and 

9 (B) $37,000,000 for fiscal year 2013. 

10 (9) MOTORCYCLIST SAFETY.—For carrying out 

11 section 2010 of SAFETEA–LU (23 U.S.C. 402 

12 note)— 

13 (A) $6,000,000 for fiscal year 2012; and 

14 (B) $6,000,000 for fiscal year 2013. 

15 (10) ADMINISTRATIVE EXPENSES.—For adminis16 trative and related operating expenses of the National 

17 Highway Traffic Safety Administration in carrying 

18 out chapter 4 of title 23, United States Code, and this 

19 subtitle— 

20 (A) $25,581,280 for fiscal year 2012; and 

21 (B) $25,862,674 for fiscal year 2013. 

22 (11) DRIVER ALCOHOL DETECTION SYSTEM FOR

23 SAFETY RESEARCH.—For carrying out section 413 of 

24 title 23, United States Code— 

25 (A) $12,000,000 for fiscal year 2012; and 
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1 (B) $12,000,000 for fiscal year 2013. 

2 (12) STATE GRADUATED DRIVER LICENSING

3 LAWS.—For carrying out section 414 of title 23, 

4 United States Code— 

5 (A) $22,000,000 for fiscal year 2012; and 

6 (B) $22,000,000 for fiscal year 2013. 

7 (b) PROHIBITION ON OTHER USES.—Except as other8 wise provided in chapter 4 of title 23, United States Code, 

9 in this subtitle, and in the amendments made by this sub10 title, the amounts made available from the Highway Trust 

11 Fund (other than the Mass Transit Account) for a program 

12 under such chapter— 

13 (1) shall only be used to carry out such program; 

14 and 

15 (2) may not be used by States or local govern16 ments for construction purposes. 

17 (c) APPLICABILITY OF TITLE 23.—Except as otherwise 

18 provided in chapter 4 of title 23, United States Code, and 

19 in this subtitle, amounts made available under subsection 

20 (a) for fiscal years 2012 and 2013 shall be available for 

21 obligation in the same manner as if such funds were appor22 tioned under chapter 1 of title 23, United States Code. 

23 (d) REGULATORY AUTHORITY.—Grants awarded 

24 under this subtitle shall be in accordance with regulations 

25 issued by the Secretary. 
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1 (e) STATE MATCHING REQUIREMENTS.—If a grant 

2 awarded under this subtitle requires a State to share in 

3 the cost, the aggregate of all expenditures for highway safety 

4 activities made during any fiscal year by the State and 

5 its political subdivisions (exclusive of Federal funds) for 

6 carrying out the grant (other than planning and adminis7 tration) shall be available for the purpose of crediting the 

8 State during such fiscal year for the non-Federal share of 

9 the cost of any project under this subtitle (other than plan10 ning or administration) without regard to whether such ex11 penditures were actually made in connection with such 

12 project. 

13 (f) MAINTENANCE OF EFFORT.— 

14 (1) REQUIREMENT.—No grant may be made to 

15 a State under section 405, 408, or 410 of title 23, 

16 United States Code, in any fiscal year unless the 

17 State enters into such agreements with the Secretary 

18 as the Secretary may require to ensure that the State 

19 will maintain its aggregate expenditures from all 

20 State and local sources for programs described in such 

21 sections at or above the average level of such expendi22 tures in its 2 fiscal years preceding the date of enact23 ment of this Act. 

24 (2) WAIVER.—Upon the request of a State, the 

25 Secretary may waive or modify the requirements 
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1 under paragraph (1) for not more than 1 fiscal year 

2 if the Secretary determines that such a waiver would 

3 be equitable due to exceptional or uncontrollable cir4 cumstances. 

5 (g) TRANSFERS.—In each fiscal year, the Secretary 

6 may transfer any amounts remaining available under 

7 paragraphs (3), (4), (5), (6), (9), (11), and (12) of sub8 section (a) to the amounts made available under paragraph 

9 (1) or any other of such paragraphs in order to ensure, to 

10 the maximum extent possible, that all funds are obligated. 

11 (h) GRANT APPLICATION AND DEADLINE.—To receive 

12 a grant under this subtitle, a State shall submit an applica13 tion, and the Secretary shall establish a single deadline for 

14 such applications to enable the award of grants early in 

15 the next fiscal year. 

16 (i) ALLOCATION TO SUPPORT STATE DISTRACTED

17 DRIVING LAWS.—Of the amounts available under sub18 section (a)(6) for distracted driving grants, the Secretary 

19 may expend, in each fiscal year, up to $5,000,000 for the 

20 development and placement of broadcast media to support 

21 the enforcement of State distracted driving laws. 

22 SEC. 31102. HIGHWAY SAFETY PROGRAMS. 

23 (a) PROGRAMS INCLUDED.—Section 402(a) of title 23, 

24 United States Code, is amended to read as follows: 

25 ‘‘(a) PROGRAM REQUIRED.— 
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1 ‘‘(1) IN GENERAL.—Each State shall have a 

2 highway safety program, approved by the Secretary, 

3 that is designed to reduce traffic accidents and the re4 sulting deaths, injuries, and property damage. 

5 ‘‘(2) UNIFORM GUIDELINES.—Programs required 

6 under paragraph (1) shall comply with uniform 

7 guidelines, promulgated by the Secretary and ex8 pressed in terms of performance criteria, that— 

9 ‘‘(A) include programs— 

10 ‘‘(i) to reduce injuries and deaths re11 sulting from motor vehicles being driven in 

12 excess of posted speed limits; 

13 ‘‘(ii) to encourage the proper use of oc14 cupant protection devices (including the use 

15 of safety belts and child restraint systems) 

16 by occupants of motor vehicles; 

17 ‘‘(iii) to reduce injuries and deaths re18 sulting from persons driving motor vehicles 

19 while impaired by alcohol or a controlled 

20 substance; 

21 ‘‘(iv) to prevent accidents and reduce 

22 injuries and deaths resulting from accidents 

23 involving motor vehicles and motorcycles; 
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1 ‘‘(v) to reduce injuries and deaths re2 sulting from accidents involving school 

3 buses; 

4 ‘‘(vi) to reduce accidents resulting from 

5 unsafe driving behavior (including aggres6 sive or fatigued driving and distracted driv7 ing arising from the use of electronic devices 

8 in vehicles); and 

9 ‘‘(vii) to improve law enforcement serv10 ices in motor vehicle accident prevention, 

11 traffic supervision, and post-accident proce12 dures; 

13 ‘‘(B) improve driver performance, includ14 ing— 

15 ‘‘(i) driver education; 

16 ‘‘(ii) driver testing to determine pro17 ficiency to operate motor vehicles; and 

18 ‘‘(iii) driver examinations (physical, 

19 mental, and driver licensing); 

20 ‘‘(C) improve pedestrian performance and 

21 bicycle safety; 

22 ‘‘(D) include provisions for— 

23 ‘‘(i) an effective record system of acci24 dents (including resulting injuries and 

25 deaths); 
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1 ‘‘(ii) accident investigations to deter2 mine the probable causes of accidents, inju3 ries, and deaths; 

4 ‘‘(iii) vehicle registration, operation, 

5 and inspection; and 

6 ‘‘(iv) emergency services; and 

7 ‘‘(E) to the extent determined appropriate 

8 by the Secretary, are applicable to federally ad9 ministered areas where a Federal department or 

10 agency controls the highways or supervises traffic 

11 operations.’’. 

12 (b) ADMINISTRATION OF STATE PROGRAMS.—Section 

13 402(b)(1) of title 23, United States Code, is amended— 

14 (1) in subparagraph (D), by striking ‘‘and’’ at 

15 the end; 

16 (2) by redesignating subparagraph (E) as sub17 paragraph (F); 

18 (3) by inserting after subparagraph (D) the fol19 lowing: 

20 ‘‘(E) beginning on October 1, 2012, provide 

21 for a robust, data-driven traffic safety enforce22 ment program to prevent traffic violations, 

23 crashes, and crash fatalities and injuries in 

24 areas most at risk for such incidents, to the sat25 isfaction of the Secretary;’’; and 
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1 (4) in subparagraph (F), as redesignated— 

2 (A) in clause (i), by inserting ‘‘and high3 visibility law enforcement mobilizations coordi4 nated by the Secretary’’ after ‘‘mobilizations’’; 

5 (B) in clause (iii), by striking ‘‘and’’ at the 

6 end; 

7 (C) in clause (iv), by striking the period at 

8 the end and inserting ‘‘; and’’; and 

9 (D) by adding at the end the following: 

10 ‘‘(v) ensuring that the State will co11 ordinate its highway safety plan, data col12 lection, and information systems with the 

13 State strategic highway safety plan (as de14 fined in section 148(a)).’’. 

15 (c) APPROVED HIGHWAY SAFETY PROGRAMS.—Sec16 tion 402(c) of title 23, United States Code, is amended— 

17 (1) by striking ‘‘(c) Funds authorized’’ and in18 serting the following: 

19 ‘‘(c) USE OF FUNDS.— 

20 ‘‘(1) IN GENERAL.—Funds authorized’’; 

21 (2) by striking ‘‘Such funds’’ and inserting the 

22 following: 

23 ‘‘(2) APPORTIONMENT.—Except for amounts 

24 identified in subsection (l) and section 403(e), funds 

25 described in paragraph (1)’’; 
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1 (3) by striking ‘‘The Secretary shall not’’ and all 

2 that follows through ‘‘subsection, a highway safety 

3 program’’ and inserting ‘‘A highway safety pro4 gram’’; 

5 (4) by inserting ‘‘A State may use the funds ap6 portioned under this section, in cooperation with 

7 neighboring States, for highway safety programs or 

8 related projects that may confer benefits on such 

9 neighboring States.’’ after ‘‘in every State.’’; 

10 (5) by striking ‘‘50 per centum’’ and inserting 

11 ‘‘20 percent’’; and 

12 (6) by striking ‘‘The Secretary shall promptly’’ 

13 and all that follows and inserting the following: 

14 ‘‘(3) REAPPORTIONMENT.—The Secretary shall 

15 promptly apportion the funds withheld from a State’s 

16 apportionment to the State if the Secretary approves 

17 the State’s highway safety program or determines 

18 that the State has begun implementing an approved 

19 program, as appropriate, not later than July 31st of 

20 the fiscal year for which the funds were withheld. If 

21 the Secretary determines that the State did not cor22 rect its failure within such period, the Secretary shall 

23 reapportion the withheld funds to the other States in 

24 accordance with the formula specified in paragraph 

25 (2) not later than the last day of the fiscal year.’’. 
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1 (d) USE OF HIGHWAY SAFETY PROGRAM FUNDS.— 

2 Section 402(g) of title 23, United States Code, is amended 

3 to read as follows: 

4 ‘‘(g) SAVINGS PROVISION.— 

5 ‘‘(1) IN GENERAL.—Except as provided under 

6 paragraph (2), nothing in this section may be con7 strued to authorize the appropriation or expenditure 

8 of funds for— 

9 ‘‘(A) highway construction, maintenance, or 

10 design (other than design of safety features of 

11 highways to be incorporated into guidelines); or 

12 ‘‘(B) any purpose for which funds are au13 thorized by section 403. 

14 ‘‘(2) DEMONSTRATION PROJECTS.—A State may 

15 use funds made available to carry out this section to 

16 assist in demonstration projects carried out by the 

17 Secretary under section 403.’’. 

18 (e) IN GENERAL.—Section 402 of title 23, United 

19 States Code, is amended— 

20 (1) by striking subsections (k) and (m); 

21 (2) by redesignating subsections (i) and (j) as 

22 subsections (h) and (i), respectively; and 

23 (3) by redesignating subsection (l) as subsection 

24 (j). 
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1 (f) HIGHWAY SAFETY PLAN AND REPORTING RE2 QUIREMENTS.—Section 402 of title 23, United States Code, 

3 as amended by this section, is further amended by adding 

4 at the end the following: 

5 ‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING RE6 QUIREMENTS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall require 

8 each State to develop and submit to the Secretary a 

9 highway safety plan that complies with the require10 ments under this subsection not later than July 1, 

11 2012, and annually thereafter. 

12 ‘‘(2) CONTENTS.—State highway safety plans 

13 submitted under paragraph (1) shall include— 

14 ‘‘(A) performance measures required by the 

15 Secretary or otherwise necessary to support addi16 tional State safety goals, including— 

17 ‘‘(i) documentation of current safety 

18 levels for each performance measure; 

19 ‘‘(ii) quantifiable annual performance 

20 targets for each performance measure; and 

21 ‘‘(iii) a justification for each perform22 ance target; 

23 ‘‘(B) a strategy for programming funds ap24 portioned to the State under this section on 

25 projects and activities that will allow the State 
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1 to meet the performance targets described in sub2 paragraph (A); 

3 ‘‘(C) data and data analysis supporting the 

4 effectiveness of proposed countermeasures; 

5 ‘‘(D) a description of any Federal, State, 

6 local, or private funds that the State plans to 

7 use, in addition to funds apportioned to the 

8 State under this section, to carry out the strat9 egy described in subparagraph (B); 

10 ‘‘(E) beginning with the plan submitted by 

11 July 1, 2013, a report on the State’s success in 

12 meeting State safety goals set forth in the pre13 vious year’s highway safety plan; and 

14 ‘‘(F) an application for any additional 

15 grants available to the State under this chapter. 

16 ‘‘(3) PERFORMANCE MEASURES.—For the first 

17 highway safety plan submitted under this subsection, 

18 the performance measures required by the Secretary 

19 under paragraph (2)(A) shall be limited to those de20 veloped by the National Highway Traffic Safety Ad21 ministration and the Governor’s Highway Safety As22 sociation and described in the report, ‘Traffic Safety 

23 Performance Measures for States and Federal Agen24 cies’ (DOT HS 811 025). For subsequent highway 

25 safety plans, the Secretary shall consult with the Gov-
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1 ernor’s Highway Safety Association and safety ex2 perts if the Secretary makes revisions to the set of re3 quired performance measures. 

4 ‘‘(4) REVIEW OF HIGHWAY SAFETY PLANS.— 

5 ‘‘(A) IN GENERAL.—Not later than 60 days 

6 after the date on which a State’s highway safety 

7 plan is received by the Secretary, the Secretary 

8 shall review and approve or disapprove the plan. 

9 ‘‘(B) APPROVALS AND DISAPPROVALS.— 

10 ‘‘(i) APPROVALS.—The Secretary shall 

11 approve a State’s highway safety plan if the 

12 Secretary determines that— 

13 ‘‘(I) the plan is evidence-based 

14 and supported by data; 

15 ‘‘(II) the performance targets are 

16 adequate; and 

17 ‘‘(III) the plan, once implemented, 

18 will allow the State to meet such tar19 gets. 

20 ‘‘(ii) DISAPPROVALS.—The Secretary 

21 shall disapprove a State’s highway safety 

22 plan if the Secretary determines that the 

23 plan does not— 

24 ‘‘(I) set appropriate performance 

25 targets; or 
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1 ‘‘(II) provide for evidence-based 

2 programming of funding in a manner 

3 sufficient to allow the State to meet 

4 such targets. 

5 ‘‘(C) ACTIONS UPON DISAPPROVAL.—If the 

6 Secretary disapproves a State’s highway safety 

7 plan, the Secretary shall— 

8 ‘‘(i) inform the State of the reasons for 

9 such disapproval; and 

10 ‘‘(ii) require the State to resubmit the 

11 plan with any modifications that the Sec12 retary determines to be necessary. 

13 ‘‘(D) REVIEW OF RESUBMITTED PLANS.—If 

14 the Secretary requires a State to resubmit a 

15 highway safety plan, with modifications, the 

16 Secretary shall review and approve or dis17 approve the modified plan not later than 30 

18 days after the date on which the Secretary re19 ceives such plan. 

20 ‘‘(E) REPROGRAMMING AUTHORITY.—If the 

21 Secretary determines that the modifications con22 tained in a State’s resubmitted highway safety 

23 plan do not provide for the programming of 

24 funding in a manner sufficient to meet the 

25 State’s performance goals, the Secretary, in con-
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1 sultation with the State, shall take such action 

2 as may be necessary to bring the State’s plan 

3 into compliance with the performance targets. 

4 ‘‘(F) PUBLIC NOTICE.—A State shall make 

5 the State’s highway safety plan, and decisions of 

6 the Secretary concerning approval or dis7 approval of a revised plan, available to the pub8 lic.’’. 

9 (g) COOPERATIVE RESEARCH AND EVALUATION.—Sec10 tion 402 of title 23, United States Code, as amended by 

11 this section, is further amended by adding at the end the 

12 following: 

13 ‘‘(l) COOPERATIVE RESEARCH AND EVALUATION.— 

14 ‘‘(1) ESTABLISHMENT AND FUNDING.—Notwith15 standing the apportionment formula set forth in sub16 section (c)(2), $2,500,000 of the total amount avail17 able for apportionment to the States for highway safe18 ty programs under subsection (c) in each fiscal year 

19 shall be available for expenditure by the Secretary, 

20 acting through the Administrator of the National 

21 Highway Traffic Safety Administration, for a cooper22 ative research and evaluation program to research 

23 and evaluate priority highway safety counter24 measures. 
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1 ‘‘(2) ADMINISTRATION.—The program established 

2 under paragraph (1)— 

3 ‘‘(A) shall be administered by the Adminis4 trator of the National Highway Traffic Safety 

5 Administration; and 

6 ‘‘(B) shall be jointly managed by the Gov7 ernors Highway Safety Association and the Na8 tional Highway Traffic Safety Administration.’’. 

9 (h) TEEN TRAFFIC SAFETY PROGRAM.—Section 402 of 

10 title 23, United States Code, as amended by this section, 

11 is further amended by adding at the end the following: 

12 ‘‘(m) TEEN TRAFFIC SAFETY PROGRAM.— 

13 ‘‘(1) PROGRAM AUTHORIZED.—Subject to the re14 quirements of a State’s highway safety plan, as ap15 proved by the Secretary under subsection (k), a State 

16 may use a portion of the amounts received under this 

17 section to implement a statewide teen traffic safety 

18 program to improve traffic safety for teen drivers. 

19 ‘‘(2) STRATEGIES.—The program implemented 

20 under paragraph (1)— 

21 ‘‘(A) shall include peer-to-peer education 

22 and prevention strategies in schools and commu23 nities designed to— 

24 ‘‘(i) increase safety belt use; 

25 ‘‘(ii) reduce speeding; 
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1 ‘‘(iii) reduce impaired and distracted 

2 driving; 

3 ‘‘(iv) reduce underage drinking; and 

4 ‘‘(v) reduce other behaviors by teen 

5 drivers that lead to injuries and fatalities; 

6 and 

7 ‘‘(B) may include— 

8 ‘‘(i) working with student-led groups 

9 and school advisors to plan and implement 

10 teen traffic safety programs; 

11 ‘‘(ii) providing subgrants to schools 

12 throughout the State to support the estab13 lishment and expansion of student groups 

14 focused on teen traffic safety; 

15 ‘‘(iii) providing support, training, and 

16 technical assistance to establish and expand 

17 school and community safety programs for 

18 teen drivers; 

19 ‘‘(iv) creating statewide or regional 

20 websites to publicize and circulate informa21 tion on teen safety programs; 

22 ‘‘(v) conducting outreach and pro23 viding educational resources for parents; 

24 ‘‘(vi) establishing State or regional ad25 visory councils comprised of teen drivers to 
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1 provide input and recommendations to the 

2 governor and the governor’s safety rep3 resentative on issues related to the safety of 

4 teen drivers; 

5 ‘‘(vii) collaborating with law enforce6 ment; 

7 ‘‘(viii) organizing and hosting State 

8 and regional conferences for teen drivers; 

9 ‘‘(ix) establishing partnerships and 

10 promoting coordination among community 

11 stakeholders, including public, not-for-prof12 it, and for profit entities; and 

13 ‘‘(x) funding a coordinator position for 

14 the teen safety program in the State or re15 gion.’’. 

16 SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOP17 MENT. 

18 Section 403 of title 23, United States Code, is amended 

19 to read as follows: 

20 ‘‘§ 403. Highway safety research and development 

21 ‘‘(a) DEFINED TERM.—In this section, the term ‘Fed22 eral laboratory’ includes— 

23 ‘‘(1) a government-owned, government-operated 

24 laboratory; and 
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1 ‘‘(2) a government-owned, contractor-operated 

2 laboratory. 

3 ‘‘(b) GENERAL AUTHORITY.— 

4 ‘‘(1) RESEARCH AND DEVELOPMENT ACTIVI5 TIES.—The Secretary may conduct research and de6 velopment activities, including demonstration projects 

7 and the collection and analysis of highway and motor 

8 vehicle safety data and related information needed to 

9 carry out this section, with respect to— 

10 ‘‘(A) all aspects of highway and traffic safe11 ty systems and conditions relating to— 

12 ‘‘(i) vehicle, highway, driver, pas13 senger, motorcyclist, bicyclist, and pedes14 trian characteristics; 

15 ‘‘(ii) accident causation and investiga16 tions; 

17 ‘‘(iii) communications; 

18 ‘‘(iv) emergency medical services; and 

19 ‘‘(v) transportation of the injured; 

20 ‘‘(B) human behavioral factors and their ef21 fect on highway and traffic safety, including— 

22 ‘‘(i) driver education; 

23 ‘‘(ii) impaired driving; 

24 ‘‘(iii) distracted driving; and 
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1 ‘‘(iv) new technologies installed in, or 

2 brought into, vehicles; 

3 ‘‘(C) an evaluation of the effectiveness of 

4 countermeasures to increase highway and traffic 

5 safety, including occupant protection and 

6 alcohol- and drug-impaired driving technologies 

7 and initiatives; 

8 ‘‘(D) the development of technologies to de9 tect drug impaired drivers; and 

10 ‘‘(E) the effect of State laws on any aspects, 

11 activities, or programs described in subpara12 graphs (A) through (D). 

13 ‘‘(2) COOPERATION, GRANTS, AND CONTRACTS.— 

14 The Secretary may carry out this section— 

15 ‘‘(A) independently; 

16 ‘‘(B) in cooperation with other Federal de17 partments, agencies, and instrumentalities and 

18 Federal laboratories; 

19 ‘‘(C) by entering into contracts, cooperative 

20 agreements, and other transactions with the Na21 tional Academy of Sciences, any Federal labora22 tory, State or local agency, authority, associa23 tion, institution, foreign country, or person (as 

24 defined in chapter 1 of title 1); or 
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1 ‘‘(D) by making grants to the National 

2 Academy of Sciences, any Federal laboratory, 

3 State or local agency, authority, association, in4 stitution, or person (as defined in chapter 1 of 

5 title 1). 

6 ‘‘(c) COLLABORATIVE RESEARCH AND DEVELOP7 MENT.— 

8 ‘‘(1) IN GENERAL.—To encourage innovative so9 lutions to highway safety problems, stimulate vol10 untary improvements in highway safety, and stimu11 late the marketing of new highway safety related tech12 nology by private industry, the Secretary is author13 ized to carry out, on a cost-shared basis, collaborative 

14 research and development with— 

15 ‘‘(A) non-Federal entities, including State 

16 and local governments, foreign countries, colleges, 

17 universities, corporations, partnerships, sole pro18 prietorships, organizations serving the interests 

19 of children, people with disabilities, low-income 

20 populations, and older adults, and trade associa21 tions that are incorporated or established under 

22 the laws of any State or the United States; and 

23 ‘‘(B) Federal laboratories. 

24 ‘‘(2) AGREEMENTS.—In carrying out this sub25 section, the Secretary may enter into cooperative re-
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1 search and development agreements (as defined in sec2 tion 12 of the Stevenson-Wydler Technology Innova3 tion Act of 1980 (15 U.S.C. 3710a)) in which the Sec4 retary provides not more than 50 percent of the cost 

5 of any research or development project under this sub6 section. 

7 ‘‘(3) USE OF TECHNOLOGY.—The research, devel8 opment, or use of any technology pursuant to an 

9 agreement under this subsection, including the terms 

10 under which technology may be licensed and the re11 sulting royalties may be distributed, shall be subject 

12 to the provisions of the Stevenson-Wydler Technology 

13 Innovation Act of 1980 (15 U.S.C. 3701 et seq.). 

14 ‘‘(d) TITLE TO EQUIPMENT.—In furtherance of the 

15 purposes set forth in section 402, the Secretary may vest 

16 title to equipment purchased for demonstration projects 

17 with funds authorized under this section to State or local 

18 agencies on such terms and conditions as the Secretary de19 termines to be appropriate. 

20 ‘‘(e) TRAINING.—Notwithstanding the apportionment 

21 formula set forth in section 402(c)(2), 1 percent of the total 

22 amount available for apportionment to the States for high23 way safety programs under section 402(c) in each fiscal 

24 year shall be available, through the end of the succeeding 

25 fiscal year, to the Secretary, acting through the Adminis-
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1 trator of the National Highway Traffic Safety Administra2 tion— 

3 ‘‘(1) to provide training, conducted or developed 

4 by Federal or non-Federal entity or personnel, to Fed5 eral, State, and local highway safety personnel; and 

6 ‘‘(2) to pay for any travel, administrative, and 

7 other expenses related to such training. 

8 ‘‘(f) DRIVER LICENSING AND FITNESS TO DRIVE

9 CLEARINGHOUSE.—From amounts made available under 

10 this section, the Secretary, acting through the Adminis11 trator of the National Highway Traffic Safety Administra12 tion, is authorized to expend $1,280,000 between the date 

13 of enactment of the Motor Vehicle and Highway Safety Im14 provement Act of 2012 and September 30, 2013, to establish 

15 an electronic clearinghouse and technical assistance service 

16 to collect and disseminate research and analysis of medical 

17 and technical information and best practices concerning 

18 drivers with medical issues that may be used by State driv19 er licensing agencies in making licensing qualification deci20 sions. 

21 ‘‘(g) INTERNATIONAL HIGHWAY SAFETY INFORMATION

22 AND COOPERATION.— 

23 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

24 through the Administrator of the National Highway 

25 Traffic Safety Administration, may establish an 
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1 international highway safety information and co2 operation program to— 

3 ‘‘(A) inform the United States highway 

4 safety community of laws, projects, programs, 

5 data, and technology in foreign countries that 

6 could be used to enhance highway safety in the 

7 United States; 

8 ‘‘(B) permit the exchange of information 

9 with foreign countries about laws, projects, pro10 grams, data, and technology that could be used 

11 to enhance highway safety; and 

12 ‘‘(C) allow the Secretary, represented by the 

13 Administrator, to participate and cooperate in 

14 international activities to enhance highway safe15 ty. 

16 ‘‘(2) COOPERATION.—The Secretary may carry 

17 out this subsection in cooperation with any appro18 priate Federal agency, State or local agency or au19 thority, foreign government, or multinational institu20 tion. 

21 ‘‘(h) PROHIBITION ON CERTAIN DISCLOSURES.—Any 

22 report of the National Highway Traffic Safety Administra23 tion, or of any officer, employee, or contractor of the Na24 tional Highway Traffic Safety Administration, relating to 

25 any highway traffic accident or the investigation of such 
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1 accident conducted pursuant to this chapter or chapter 301 

2 shall be made available to the public in a manner that does 

3 not identify individuals. 

4 ‘‘(i) MODEL SPECIFICATIONS FOR DEVICES.—The Sec5 retary, acting through the Administrator of the National 

6 Highway Traffic Safety Administration, may— 

7 ‘‘(1) develop model specifications and testing 

8 procedures for devices, including devices designed to 

9 measure the concentration of alcohol in the body; 

10 ‘‘(2) conduct periodic tests of such devices; 

11 ‘‘(3) publish a Conforming Products List of such 

12 devices that have met the model specifications; and 

13 ‘‘(4) may require that any necessary tests of such 

14 devices are conducted by a Federal laboratory and 

15 paid for by the device manufacturers.’’. 

16 SEC. 31104. NATIONAL DRIVER REGISTER. 

17 Section 30302(b) of title 49, United States Code, is 

18 amended by adding at the end the following: ‘‘The Secretary 

19 shall make continual improvements to modernize the Reg20 ister’s data processing system.’’. 

21 SEC. 31105. COMBINED OCCUPANT PROTECTION GRANTS. 

22 (a) IN GENERAL.—Section 405 of title 23, United 

23 States Code, is amended to read as follows: 
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1 ‘‘§ 405. Combined occupant protection grants 

2 ‘‘(a) GENERAL AUTHORITY.—Subject to the require3 ments of this section, the Secretary of Transportation shall 

4 award grants to States that adopt and implement effective 

5 occupant protection programs to reduce highway deaths 

6 and injuries resulting from individuals riding unrestrained 

7 or improperly restrained in motor vehicles. 

8 ‘‘(b) FEDERAL SHARE.—The Federal share of the costs 

9 of activities funded using amounts from grants awarded 

10 under this section may not exceed 80 percent for each fiscal 

11 year for which a State receives a grant. 

12 ‘‘(c) ELIGIBILITY.— 

13 ‘‘(1) HIGH SEAT BELT USE RATE.—A State with 

14 an observed seat belt use rate of 90 percent or higher, 

15 based on the most recent data from a survey that con16 forms with national criteria established by the Na17 tional Highway Traffic Safety Administration, shall 

18 be eligible for a grant in a fiscal year if the State— 

19 ‘‘(A) submits an occupant protection plan 

20 during the first fiscal year; 

21 ‘‘(B) participates in the Click It or Ticket 

22 national mobilization; 

23 ‘‘(C) has an active network of child re24 straint inspection stations; and 
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1 ‘‘(D) has a plan to recruit, train, and 

2 maintain a sufficient number of child passenger 

3 safety technicians. 

4 ‘‘(2) LOWER SEAT BELT USE RATE.—A State 

5 with an observed seat belt use rate below 90 percent, 

6 based on the most recent data from a survey that con7 forms with national criteria established by the Na8 tional Highway Traffic Safety Administration, shall 

9 be eligible for a grant in a fiscal year if— 

10 ‘‘(A) the State meets all of the requirements 

11 under subparagraphs (A) through (D) of para12 graph (1); and 

13 ‘‘(B) the Secretary determines that the State 

14 meets at least 3 of the following criteria: 

15 ‘‘(i) The State conducts sustained (on16 going and periodic) seat belt enforcement at 

17 a defined level of participation during the 

18 year. 

19 ‘‘(ii) The State has enacted and en20 forces a primary enforcement seat belt use 

21 law. 

22 ‘‘(iii) The State has implemented coun23 termeasure programs for high-risk popu24 lations, such as drivers on rural roadways, 
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1 unrestrained nighttime drivers, or teenage 

2 drivers. 

3 ‘‘(iv) The State has enacted and en4 forces occupant protection laws requiring 

5 front and rear occupant protection use by 

6 all occupants in an age-appropriate re7 straint. 

8 ‘‘(v) The State has implemented a com9 prehensive occupant protection program in 

10 which the State has— 

11 ‘‘(I) conducted a program assess12 ment; 

13 ‘‘(II) developed a statewide stra14 tegic plan; 

15 ‘‘(III) designated an occupant 

16 protection coordinator; and 

17 ‘‘(IV) established a statewide occu18 pant protection task force. 

19 ‘‘(vi) The State— 

20 ‘‘(I) completed an assessment of 

21 its occupant protection program dur22 ing the 3-year period preceding the 

23 grant year; or 

24 ‘‘(II) will conduct such an assess25 ment during the first year of the grant. 
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1 ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds received 

2 pursuant to this section may be used to— 

3 ‘‘(1) carry out a program to support high-visi4 bility enforcement mobilizations, including paid 

5 media that emphasizes publicity for the program, and 

6 law enforcement; 

7 ‘‘(2) carry out a program to train occupant pro8 tection safety professionals, police officers, fire and 

9 emergency medical personnel, educators, and parents 

10 concerning all aspects of the use of child restraints 

11 and occupant protection; 

12 ‘‘(3) carry out a program to educate the public 

13 concerning the proper use and installation of child re14 straints, including related equipment and informa15 tion systems; 

16 ‘‘(4) carry out a program to provide community 

17 child passenger safety services, including programs 

18 about proper seating positions for children and how 

19 to reduce the improper use of child restraints; 

20 ‘‘(5) purchase and distribute child restraints to 

21 low-income families if not more than 5 percent of the 

22 funds received in a fiscal year are used for this pur23 pose; 

24 ‘‘(6) establish and maintain information systems 

25 containing data concerning occupant protection, in-
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1 cluding the collection and administration of child 

2 passenger safety and occupant protection surveys; and 

3 ‘‘(7) carry out a program to educate the public 

4 concerning the dangers of leaving children unattended 

5 in vehicles. 

6 ‘‘(e) GRANT AMOUNT.—The allocation of grant funds 

7 under this section to a State for a fiscal year shall be in 

8 proportion to the State’s apportionment under section 402 

9 for fiscal year 2009. 

10 ‘‘(f) REPORT.—A State that receives a grant under this 

11 section shall submit a report to the Secretary that docu12 ments the manner in which the grant amounts were obli13 gated and expended and identifies the specific programs 

14 carried out with the grant funds. The report shall be in 

15 a form prescribed by the Secretary and may be combined 

16 with other State grant reporting requirements under chap17 ter 4 of title 23, United States Code. 

18 ‘‘(g) DEFINITIONS.—In this section: 

19 ‘‘(1) CHILD RESTRAINT.—The term ‘child re20 straint’ means any device (including child safety seat, 

21 booster seat, harness, and excepting seat belts) de22 signed for use in a motor vehicle to restrain, seat, or 

23 position children who weigh 65 pounds (30 kilo24 grams) or less, and certified to the Federal motor ve25 hicle safety standard prescribed by the National 
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1 Highway Traffic Safety Administration for child re2 straints. 

3 ‘‘(2) SEAT BELT.—The term ‘seat belt’ means— 

4 ‘‘(A) with respect to open-body motor vehi5 cles, including convertibles, an occupant re6 straint system consisting of a lap belt or a lap 

7 belt and a detachable shoulder belt; and 

8 ‘‘(B) with respect to other motor vehicles, an 

9 occupant restraint system consisting of inte10 grated lap and shoulder belts.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 4 of title 23, United States Code, is amended by 

13 striking the item relating to section 405 and inserting the 

14 following: 

‘‘405. Combined occupant protection grants.’’. 

15 SEC. 31106. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

16 IMPROVEMENTS. 

17 Section 408 of title 23, United States Code, is amended 

18 to read as follows: 

19 ‘‘§ 408. State traffic safety information system im20 provements 

21 ‘‘(a) GENERAL AUTHORITY.—Subject to the require22 ments of this section, the Secretary of Transportation shall 

23 award grants to States to support the development and im24 plementation of effective State programs that— 
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1 ‘‘(1) improve the timeliness, accuracy, complete2 ness, uniformity, integration, and accessibility of the 

3 State safety data that is needed to identify priorities 

4 for Federal, State, and local highway and traffic safe5 ty programs; 

6 ‘‘(2) evaluate the effectiveness of efforts to make 

7 such improvements; 

8 ‘‘(3) link the State data systems, including traf9 fic records, with other data systems within the State, 

10 such as systems that contain medical, roadway, and 

11 economic data; 

12 ‘‘(4) improve the compatibility and interoper13 ability of the data systems of the State with national 

14 data systems and data systems of other States; and 

15 ‘‘(5) enhance the ability of the Secretary to ob16 serve and analyze national trends in crash occur17 rences, rates, outcomes, and circumstances. 

18 ‘‘(b) FEDERAL SHARE.—The Federal share of the cost 

19 of adopting and implementing in a fiscal year a State pro20 gram described in this section may not exceed 80 percent. 

21 ‘‘(c) ELIGIBILITY.—A State is not eligible for a grant 

22 under this section in a fiscal year unless the State dem23 onstrates, to the satisfaction of the Secretary, that the 

24 State— 
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1 ‘‘(1) has a functioning traffic records coordi2 nating committee (referred to in this subsection as 

3 ‘TRCC’) that meets at least 3 times a year; 

4 ‘‘(2) has designated a TRCC coordinator; 

5 ‘‘(3) has established a State traffic record stra6 tegic plan that has been approved by the TRCC and 

7 describes specific quantifiable and measurable im8 provements anticipated in the State’s core safety 

9 databases, including crash, citation or adjudication, 

10 driver, emergency medical services or injury surveil11 lance system, roadway, and vehicle databases; 

12 ‘‘(4) has demonstrated quantitative progress in 

13 relation to the significant data program attribute 

14 of— 

15 ‘‘(A) accuracy; 

16 ‘‘(B) completeness; 

17 ‘‘(C) timeliness; 

18 ‘‘(D) uniformity; 

19 ‘‘(E) accessibility; or 

20 ‘‘(F) integration of a core highway safety 

21 database; and 

22 ‘‘(5) has certified to the Secretary that an assess23 ment of the State’s highway safety data and traffic 

24 records system was conducted or updated during the 

25 preceding 5 years. 
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1 ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds received 

2 by a State under this section shall be used for making data 

3 program improvements to core highway safety databases re4 lated to quantifiable, measurable progress in any of the 6 

5 significant data program attributes set forth in subsection 

6 (c)(4). 

7 ‘‘(e) GRANT AMOUNT.—The allocation of grant funds 

8 under this section to a State for a fiscal year shall be in 

9 proportion to the State’s apportionment under section 402 

10 for fiscal year 2009.’’. 

11 SEC. 31107. IMPAIRED DRIVING COUNTERMEASURES. 

12 (a) IN GENERAL.—Section 410 of title 23, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 410. Impaired driving countermeasures 

15 ‘‘(a) GRANTS AUTHORIZED.—Subject to the require16 ments of this section, the Secretary of Transportation shall 

17 award grants to States that adopt and implement— 

18 ‘‘(1) effective programs to reduce driving under 

19 the influence of alcohol, drugs, or the combination of 

20 alcohol and drugs; or 

21 ‘‘(2) alcohol-ignition interlock laws. 

22 ‘‘(b) FEDERAL SHARE.—The Federal share of the costs 

23 of activities funded using amounts from grants under this 

24 section may not exceed 80 percent in any fiscal year in 

25 which the State receives a grant. 
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1 ‘‘(c) ELIGIBILITY.— 

2 ‘‘(1) LOW-RANGE STATES.—Low-range States 

3 shall be eligible for a grant under this section. 

4 ‘‘(2) MID-RANGE STATES.—A mid-range State 

5 shall be eligible for a grant under this section if— 

6 ‘‘(A) a statewide impaired driving task 

7 force in the State developed a statewide plan 

8 during the most recent 3 calendar years to ad9 dress the problem of impaired driving; or 

10 ‘‘(B) the State will convene a statewide im11 paired driving task force to develop such a plan 

12 during the first year of the grant. 

13 ‘‘(3) HIGH-RANGE STATES.—A high-range State 

14 shall be eligible for a grant under this section if the 

15 State— 

16 ‘‘(A)(i) conducted an assessment of the 

17 State’s impaired driving program during the 

18 most recent 3 calendar years; or 

19 ‘‘(ii) will conduct such an assessment dur20 ing the first year of the grant; 

21 ‘‘(B) convenes, during the first year of the 

22 grant, a statewide impaired driving task force to 

23 develop a statewide plan that— 
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1 ‘‘(i) addresses any recommendations 

2 from the assessment conducted under sub3 paragraph (A); 

4 ‘‘(ii) includes a detailed plan for 

5 spending any grant funds provided under 

6 this section; and 

7 ‘‘(iii) describes how such spending sup8 ports the statewide program; 

9 ‘‘(C)(i) submits the statewide plan to the 

10 National Highway Traffic Safety Administra11 tion during the first year of the grant for the 

12 agency’s review and approval; 

13 ‘‘(ii) annually updates the statewide plan 

14 in each subsequent year of the grant; and 

15 ‘‘(iii) submits each updated statewide plan 

16 for the agency’s review and comment; and 

17 ‘‘(D) appoints a full or part-time impaired 

18 driving coordinator— 

19 ‘‘(i) to coordinate the State’s activities 

20 to address enforcement and adjudication of 

21 laws to address driving while impaired by 

22 alcohol; and 

23 ‘‘(ii) to oversee the implementation of 

24 the statewide plan. 

25 ‘‘(d) USE OF GRANT AMOUNTS.— 
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1 ‘‘(1) REQUIRED PROGRAMS.—High-range States 

2 shall use grant funds for— 

3 ‘‘(A) high visibility enforcement efforts; and 

4 ‘‘(B) any of the activities described in para5 graph (2) if— 

6 ‘‘(i) the activity is described in the 

7 statewide plan; and 

8 ‘‘(ii) the Secretary approves the use of 

9 funding for such activity. 

10 ‘‘(2) AUTHORIZED PROGRAMS.—Medium-range 

11 and low-range States may use grant funds for— 

12 ‘‘(A) any of the purposes described in para13 graph (1); 

14 ‘‘(B) paid and earned media in support of 

15 high visibility enforcement efforts; 

16 ‘‘(C) hiring a full-time or part-time im17 paired driving coordinator of the State’s activi18 ties to address the enforcement and adjudication 

19 of laws regarding driving while impaired by al20 cohol; 

21 ‘‘(D) court support of high visibility en22 forcement efforts; 

23 ‘‘(E) alcohol ignition interlock programs; 

24 ‘‘(F) improving blood-alcohol concentration 

25 testing and reporting; 
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1 ‘‘(G) establishing driving while intoxicated 

2 courts; 

3 ‘‘(H) conducting— 

4 ‘‘(i) standardized field sobriety train5 ing; 

6 ‘‘(ii) advanced roadside impaired driv7 ing evaluation training; and 

8 ‘‘(iii) drug recognition expert training 

9 for law enforcement; 

10 ‘‘(I) training and education of criminal jus11 tice professionals (including law enforcement, 

12 prosecutors, judges and probation officers) to as13 sist such professionals in handling impaired 

14 driving cases; 

15 ‘‘(J) traffic safety resource prosecutors; 

16 ‘‘(K) judicial outreach liaisons; 

17 ‘‘(L) equipment and related expenditures 

18 used in connection with impaired driving en19 forcement in accordance with criteria established 

20 by the National Highway Traffic Safety Admin21 istration; 

22 ‘‘(M) training on the use of alcohol screen23 ing and brief intervention; 

24 ‘‘(N) developing impaired driving informa25 tion systems; and 
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1 ‘‘(O) costs associated with a ‘24-7 sobriety 

2 program’. 

3 ‘‘(3) OTHER PROGRAMS.—Low-range States may 

4 use grant funds for any expenditure designed to re5 duce impaired driving based on problem identifica6 tion. Medium and high-range States may use funds 

7 for such expenditures upon approval by the Secretary. 

8 ‘‘(e) GRANT AMOUNT.—Subject to subsection (f), the al9 location of grant funds to a State under this section for 

10 a fiscal year shall be in proportion to the State’s apportion11 ment under section 402(c) for fiscal year 2009. 

12 ‘‘(f) GRANTS TO STATES THAT ADOPT AND ENFORCE

13 MANDATORY ALCOHOL-IGNITION INTERLOCK LAWS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall make a 

15 separate grant under this section to each State that 

16 adopts and is enforcing a mandatory alcohol-ignition 

17 interlock law for all individuals convicted of driving 

18 under the influence of alcohol or of driving while in19 toxicated. 

20 ‘‘(2) USE OF FUNDS.—Such grants may be used 

21 by recipient States only for costs associated with the 

22 State’s alcohol-ignition interlock program, including 

23 screening, assessment, and program and offender over24 sight. 
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1 ‘‘(3) ALLOCATION.—Funds made available under 

2 this subsection shall be allocated among States de3 scribed in paragraph (1) on the basis of the appor4 tionment formula under section 402(c). 

5 ‘‘(4) FUNDING.—Not more than 15 percent of the 

6 amounts made available to carry out this section in 

7 a fiscal year shall be made available by the Secretary 

8 for making grants under this subsection. 

9 ‘‘(g) DEFINITIONS.—In this section: 

10 ‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24-7 

11 sobriety program’ means a State law or program that 

12 authorizes a State court or a State agency, as a con13 dition of sentence, probation, parole, or work permit, 

14 to— 

15 ‘‘(A) require an individual who plead guilty 

16 or was convicted of driving under the influence 

17 of alcohol or drugs to totally abstain from alco18 hol or drugs for a period of time; and 

19 ‘‘(B) require the individual to be subject to 

20 testing for alcohol or drugs— 

21 ‘‘(i) at least twice a day; 

22 ‘‘(ii) by continuous transdermal alco23 hol monitoring via an electronic monitoring 

24 device; or 
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1 ‘‘(iii) by an alternate method with the 

2 concurrence of the Secretary. 

3 ‘‘(2) AVERAGE IMPAIRED DRIVING FATALITY

4 RATE.—The term ‘average impaired driving fatality 

5 rate’ means the number of fatalities in motor vehicle 

6 crashes involving a driver with a blood alcohol con7 centration of at least 0.08 for every 100,000,000 vehi8 cle miles traveled, based on the most recently reported 

9 3 calendar years of final data from the Fatality 

10 Analysis Reporting System, as calculated in accord11 ance with regulations prescribed by the Administrator 

12 of the National Highway Traffic Safety Administra13 tion. 

14 ‘‘(3) HIGH-RANGE STATE.—The term ‘high-range 

15 State’ means a State that has an average impaired 

16 driving fatality rate of 0.60 or higher. 

17 ‘‘(4) LOW-RANGE STATE.—The term ‘low-range 

18 State’ means a State that has an average impaired 

19 driving fatality rate of 0.30 or lower. 

20 ‘‘(5) MID-RANGE STATE.—The term ‘mid-range 

21 State’ means a State that has an average impaired 

22 driving fatality rate that is higher than 0.30 and 

23 lower than 0.60.’’. 

24 (b) CONFORMING AMENDMENT.—The analysis for 

25 chapter 4 of title 23, United States Code, is amended by 
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1 striking the item relating to section 410 and inserting the 

2 following: 

‘‘410. Impaired driving countermeasures.’’. 

3 SEC. 31108. DISTRACTED DRIVING GRANTS. 

4 (a) IN GENERAL.—Section 411 of title 23, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 411. Distracted driving grants 

7 ‘‘(a) IN GENERAL.—The Secretary shall award a grant 

8 under this section to any State that enacts and enforces a 

9 statute that meets the requirements set forth in subsections 

10 (b) and (c). 

11 ‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.—A 

12 State statute meets the requirements set forth in this sub13 section if the statute— 

14 ‘‘(1) prohibits drivers from texting through a 

15 personal wireless communications device while driv16 ing; 

17 ‘‘(2) makes violation of the statute a primary of18 fense; 

19 ‘‘(3) establishes— 

20 ‘‘(A) a minimum fine for a first violation 

21 of the statute; and 

22 ‘‘(B) increased fines for repeat violations; 

23 and 

24 ‘‘(4) provides increased civil and criminal pen25 alties than would otherwise apply if a vehicle acci-
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1 dent is caused by a driver who is using such a device 

2 in violation of the statute. 

3 ‘‘(c) PROHIBITION ON YOUTH CELL PHONE USE

4 WHILE DRIVING.—A State statute meets the requirements 

5 set forth in this subsection if the statute— 

6 ‘‘(1) prohibits a driver who is younger than 18 

7 years of age from using a personal wireless commu8 nications device while driving; 

9 ‘‘(2) makes violation of the statute a primary of10 fense; 

11 ‘‘(3) requires distracted driving issues to be test12 ed as part of the State driver’s license examination; 

13 ‘‘(4) establishes— 

14 ‘‘(A) a minimum fine for a first violation 

15 of the statute; and 

16 ‘‘(B) increased fines for repeat violations; 

17 and 

18 ‘‘(5) provides increased civil and criminal pen19 alties than would otherwise apply if a vehicle acci20 dent is caused by a driver who is using such a device 

21 in violation of the statute. 

22 ‘‘(d) PERMITTED EXCEPTIONS.—A statute that meets 

23 the requirements set forth in subsections (b) and (c) may 

24 provide exceptions for— 
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1 ‘‘(1) a driver who uses a personal wireless com2 munications device to contact emergency services; 

3 ‘‘(2) emergency services personnel who use a per4 sonal wireless communications device while— 

5 ‘‘(A) operating an emergency services vehi6 cle; and 

7 ‘‘(B) engaged in the performance of their 

8 duties as emergency services personnel; and 

9 ‘‘(3) an individual employed as a commercial 

10 motor vehicle driver or a school bus driver who uses 

11 a personal wireless communications device within the 

12 scope of such individual’s employment if such use is 

13 permitted under the regulations promulgated pursu14 ant to section 31152 of title 49. 

15 ‘‘(e) USE OF GRANT FUNDS.—Of the grant funds re16 ceived by a State under this section— 

17 ‘‘(1) at least 50 percent shall be used— 

18 ‘‘(A) to educate the public through adver19 tising containing information about the dangers 

20 of texting or using a cell phone while driving; 

21 ‘‘(B) for traffic signs that notify drivers 

22 about the distracted driving law of the State; or 

23 ‘‘(C) for law enforcement costs related to the 

24 enforcement of the distracted driving law; and 
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1 ‘‘(2) up to 50 percent may be used for other 

2 projects that— 

3 ‘‘(A) improve traffic safety; and 

4 ‘‘(B) are consistent with the criteria set 

5 forth in section 402(a). 

6 ‘‘(f) ADDITIONAL GRANTS.—In fiscal year 2012, the 

7 Secretary may use up to 25 percent of the funding available 

8 for grants under this section to award grants to States 

9 that— 

10 ‘‘(1) enacted statutes before July 1, 2011, which 

11 meet the requirements under paragraphs (1) and (2) 

12 of subsection (b); and 

13 ‘‘(2) are otherwise ineligible for a grant under 

14 this section. 

15 ‘‘(g) DISTRACTED DRIVING STUDY.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall conduct 

17 a study of all forms of distracted driving. 

18 ‘‘(2) COMPONENTS.—The study conducted under 

19 paragraph (1) shall— 

20 ‘‘(A) examine the effect of distractions other 

21 than the use of personal wireless communications 

22 on motor vehicle safety; 

23 ‘‘(B) identify metrics to determine the na24 ture and scope of the distracted driving problem; 
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1 ‘‘(C) identify the most effective methods to 

2 enhance education and awareness; and 

3 ‘‘(D) identify the most effective method of 

4 reducing deaths and injuries caused by all forms 

5 of distracted driving. 

6 ‘‘(3) REPORT.—Not later than 1 year after the 

7 date of enactment of the Motor Vehicle and Highway 

8 Safety Improvement Act of 2012, the Secretary shall 

9 submit a report containing the results of the study 

10 conducted under this subsection to— 

11 ‘‘(A) the Committee on Commerce, Science, 

12 and Transportation of the Senate; and 

13 ‘‘(B) the Committee on Transportation and 

14 Infrastructure of the House of Representatives. 

15 ‘‘(h) DEFINITIONS.—In this section: 

16 ‘‘(1) DRIVING.—The term ‘driving’— 

17 ‘‘(A) means operating a motor vehicle on a 

18 public road, including operation while tempo19 rarily stationary because of traffic, a traffic light 

20 or stop sign, or otherwise; and 

21 ‘‘(B) does not include operating a motor ve22 hicle when the vehicle has pulled over to the side 

23 of, or off, an active roadway and has stopped in 

24 a location where it can safely remain stationary. 
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1 ‘‘(2) PERSONAL WIRELESS COMMUNICATIONS DE2 VICE.—The term ‘personal wireless communications 

3 device’— 

4 ‘‘(A) means a device through which personal 

5 wireless services (as defined in section 

6 332(c)(7)(C)(i) of the Communications Act of 

7 1934 (47 U.S.C. 332(c)(7)(C)(i))) are trans8 mitted; and 

9 ‘‘(B) does not include a global navigation 

10 satellite system receiver used for positioning, 

11 emergency notification, or navigation purposes. 

12 ‘‘(3) PRIMARY OFFENSE.—The term ‘primary of13 fense’ means an offense for which a law enforcement 

14 officer may stop a vehicle solely for the purpose of 

15 issuing a citation in the absence of evidence of an16 other offense. 

17 ‘‘(4) PUBLIC ROAD.—The term ‘public road’ has 

18 the meaning given that term in section 402(c). 

19 ‘‘(5) TEXTING.—The term ‘texting’ means read20 ing from or manually entering data into a personal 

21 wireless communications device, including doing so 

22 for the purpose of SMS texting, e-mailing, instant 

23 messaging, or engaging in any other form of elec24 tronic data retrieval or electronic data communica25 tion.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 4 of title 23, United States Code, is amended by 

3 striking the item relating to section 411 and inserting the 

4 following: 

‘‘411. Distracted driving grants.’’. 

5 SEC. 31109. HIGH VISIBILITY ENFORCEMENT PROGRAM. 

6 Section 2009 of SAFETEA–LU (23 U.S.C. 402 note) 

7 is amended— 

8 (1) in subsection (a)— 

9 (A) by striking ‘‘at least 2’’ and inserting 

10 ‘‘at least 3’’; and 

11 (B) by striking ‘‘years 2006 through 2012.’’ 

12 and inserting ‘‘fiscal years 2012 and 2013. The 

13 Administrator may also initiate and support ad14 ditional campaigns in each of fiscal years 2012 

15 and 2013 for the purposes specified in subsection 

16 (b).’’; 

17 (2) in subsection (b) by striking ‘‘either or both’’ 

18 and inserting ‘‘outcomes related to at least 1’’; 

19 (3) in subsection (c), by inserting ‘‘and Internet20 based outreach’’ after ‘‘print media advertising’’; 

21 (4) in subsection (e), by striking ‘‘subsections 

22 (a), (c), and (f)’’ and inserting ‘‘subsection (c)’’; 

23 (5) by striking subsection (f); and 

24 (6) by redesignating subsection (g) as subsection 

25 (f). 
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1 SEC. 31110. MOTORCYCLIST SAFETY. 

2 Section 2010 of SAFETEA–LU (23 U.S.C. 402 note) 

3 is amended— 

4 (1) by striking subsections (b) and (g); 

5 (2) by redesignating subsections (c), (d), (e), and 

6 (f) as subsections (b), (c), (d), and (e), respectively; 

7 and 

8 (3) in subsection (c)(1), as redesignated, by strik9 ing ‘‘to the satisfaction of the Secretary—’’ and all 

10 that follows and inserting ‘‘, to the satisfaction of the 

11 Secretary, at least 2 of the 6 criteria listed in para12 graph (2).’’. 

13 SEC. 31111. DRIVER ALCOHOL DETECTION SYSTEM FOR 

14 SAFETY RESEARCH. 

15 (a) IN GENERAL.—Chapter 4 of title 23, United States 

16 Code, is amended by adding at the end the following: 

17 ‘‘§ 413. In-vehicle alcohol detection device research 

18 ‘‘(a) IN GENERAL.—The Administrator of the National 

19 Highway Traffic Safety Administration shall carry out a 

20 collaborative research effort under chapter 301 of title 49, 

21 United States Code, to continue to explore the feasibility 

22 and the potential benefits of, and the public policy chal23 lenges associated with, more widespread deployment of in24 vehicle technology to prevent alcohol-impaired driving. 

25 ‘‘(b) REPORTS.—The Administrator shall submit a re26 port annually to the Senate Committee on Commerce, 
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1 Science, and Transportation and the House of Representa2 tives Committee on Transportation and Infrastructure— 

3 ‘‘(1) describing progress in carrying out the col4 laborative research effort; and 

5 ‘‘(2) including an accounting for the use of Fed6 eral funds obligated or expended in carrying out that 

7 effort. 

8 ‘‘(c) DEFINITIONS.—In this title: 

9 ‘‘(1) ALCOHOL-IMPAIRED DRIVING.—The term 

10 ‘alcohol-impaired driving’ means operation of a 

11 motor vehicle (as defined in section 30102(a)(6) of 

12 title 49, United States Code) by an individual whose 

13 blood alcohol content is at or above the legal limit. 

14 ‘‘(2) LEGAL LIMIT.—The term ‘legal limit’ 

15 means a blood alcohol concentration of 0.08 percent or 

16 greater (as specified by chapter 163 of title 23, United 

17 States Code) or such other percentage limitation as 

18 may be established by applicable Federal, State, or 

19 local law.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chapter 

21 4 of title 23, United States Code, is amended by inserting 

22 after the item relating to section 412 the following: 

‘‘413. In-vehicle alcohol detection device research.’’. 
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1 SEC. 31112. STATE GRADUATED DRIVER LICENSING LAWS. 

2 (a) IN GENERAL.—Chapter 4 of title 23, United States 

3 Code, as amended by this title, is further amended by add4 ing at the end the following: 

5 ‘‘§ 414. State Graduated Driver Licensing Incentive 

6 Grant 

7 ‘‘(a) GRANTS AUTHORIZED.—Subject to the require8 ments of this section, the Secretary shall award grants to 

9 States that adopt and implement graduated driver licensing 

10 laws in accordance with the requirements set forth in sub11 section (b). 

12 ‘‘(b) MINIMUM REQUIREMENTS.— 

13 ‘‘(1) IN GENERAL.—A State meets the require14 ments set forth in this subsection if the State has a 

15 graduated driver licensing law that requires novice 

16 drivers younger than 21 years of age to comply with 

17 the 2-stage licensing process described in paragraph 

18 (2) before receiving an unrestricted driver’s license. 

19 ‘‘(2) LICENSING PROCESS.—A State is in com20 pliance with the 2-stage licensing process described in 

21 this paragraph if the State’s driver’s license laws in22 clude— 

23 ‘‘(A) a learner’s permit stage that— 

24 ‘‘(i) is at least 6 months in duration; 
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1 ‘‘(ii) prohibits the driver from using a 

2 cellular telephone or any communications 

3 device in a nonemergency situation; and 

4 ‘‘(iii) remains in effect until the driv5 er— 

6 ‘‘(I) reaches 16 years of age and 

7 enters the intermediate stage; or 

8 ‘‘(II) reaches 18 years of age; 

9 ‘‘(B) an intermediate stage that— 

10 ‘‘(i) commences immediately after the 

11 expiration of the learner’s permit stage; 

12 ‘‘(ii) is at least 6 months in duration; 

13 ‘‘(iii) prohibits the driver from using a 

14 cellular telephone or any communications 

15 device in a nonemergency situation; 

16 ‘‘(iv) restricts driving at night; 

17 ‘‘(v) prohibits the driver from oper18 ating a motor vehicle with more than 1 

19 nonfamilial passenger younger than 21 

20 years of age unless a licensed driver who is 

21 at least 21 years of age is in the motor vehi22 cle; and 

23 ‘‘(vi) remains in effect until the driver 

24 reaches 18 years of age; and 
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1 ‘‘(C) any other requirement prescribed by 

2 the Secretary of Transportation, including— 

3 ‘‘(i) in the learner’s permit stage— 

4 ‘‘(I) at least 40 hours of behind5 the-wheel training with a licensed 

6 driver who is at least 21 years of age; 

7 ‘‘(II) a driver training course; 

8 and 

9 ‘‘(III) a requirement that the 

10 driver be accompanied and supervised 

11 by a licensed driver, who is at least 21 

12 years of age, at all times while such 

13 driver is operating a motor vehicle; 

14 and 

15 ‘‘(ii) in the learner’s permit or inter16 mediate stage, a requirement, in addition to 

17 any other penalties imposed by State law, 

18 that the grant of an unrestricted driver’s li19 cense be automatically delayed for any indi20 vidual who, during the learner’s permit or 

21 intermediate stage, is convicted of a driv22 ing-related offense, including— 

23 ‘‘(I) driving while intoxicated; 

24 ‘‘(II) misrepresentation of his or 

25 her true age; 
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1 ‘‘(III) reckless driving; 

2 ‘‘(IV) driving without wearing a 

3 seat belt; 

4 ‘‘(V) speeding; or 

5 ‘‘(VI) any other driving-related of6 fense, as determined by the Secretary. 

7 ‘‘(c) RULEMAKING.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall promul9 gate regulations necessary to implement the require10 ments under subsection (b), in accordance with the 

11 notice and comment provisions under section 553 of 

12 title 5, United States Code. 

13 ‘‘(2) EXCEPTION.—A State that otherwise meets 

14 the minimum requirements set forth in subsection (b) 

15 shall be deemed by the Secretary to be in compliance 

16 with the requirement set forth in subsection (b) if the 

17 State enacted a law before January 1, 2011, estab18 lishing a class of license that permits licensees or ap19 plicants younger than 18 years of age to drive a 

20 motor vehicle— 

21 ‘‘(A) in connection with work performed on, 

22 or for the operation of, a farm owned by family 

23 members who are directly related to the appli24 cant or licensee; or 
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1 ‘‘(B) if demonstrable hardship would result 

2 from the denial of a license to the licensees or ap3 plicants. 

4 ‘‘(d) ALLOCATION.—Grant funds allocated to a State 

5 under this section for a fiscal year shall be in proportion 

6 to a State’s apportionment under section 402 for such fiscal 

7 year. 

8 ‘‘(e) USE OF FUNDS.—Grant funds received by a State 

9 under this section may be used for— 

10 ‘‘(1) enforcing a 2-stage licensing process that 

11 complies with subsection (b)(2); 

12 ‘‘(2) training for law enforcement personnel and 

13 other relevant State agency personnel relating to the 

14 enforcement described in paragraph (1); 

15 ‘‘(3) publishing relevant educational materials 

16 that pertain directly or indirectly to the State grad17 uated driver licensing law; 

18 ‘‘(4) carrying out other administrative activities 

19 that the Secretary considers relevant to the State’s 2- 

20 stage licensing process; and 

21 ‘‘(5) carrying out a teen traffic safety program 

22 described in section 402(m).’’. 

23 SEC. 31113. AGENCY ACCOUNTABILITY. 

24 Section 412 of title 23, United States Code, is amend25 ed— 
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1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.— 

4 ‘‘(1) IN GENERAL.—Except as provided under 

5 paragraph (2), the Secretary shall conduct a review 

6 of each State highway safety program at least once 

7 every 3 years. 

8 ‘‘(2) EXCEPTIONS.—The Secretary may conduct 

9 reviews of the highway safety programs of the United 

10 States Virgin Islands, Guam, American Samoa, and 

11 the Commonwealth of the Northern Mariana Islands 

12 as often as the Secretary determines to be appro13 priate. 

14 ‘‘(3) COMPONENTS.—Reviews under this sub15 section shall include— 

16 ‘‘(A) a management evaluation of all grant 

17 programs funded under this chapter; 

18 ‘‘(B) an assessment of State data collection 

19 and evaluation relating to performance measures 

20 established by the Secretary; 

21 ‘‘(C) a comparison of State efforts under 

22 subparagraphs (A) and (B) to best practices and 

23 programs that have been evaluated for effective24 ness; and 
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1 ‘‘(D) the development of recommendations 

2 on how each State could— 

3 ‘‘(i) improve the management and 

4 oversight of its grant activities; and 

5 ‘‘(ii) provide a management and over6 sight plan for such grant programs.’’; and 

7 (2) by striking subsection (f). 

8 SEC. 31114. EMERGENCY MEDICAL SERVICES. 

9 Section 10202 of Public Law 109–59 (42 U.S.C. 300d– 

10 4), is amended by adding at the end the following: 

11 ‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES ADVI12 SORY COUNCIL.— 

13 ‘‘(1) ESTABLISHMENT.—The Secretary of Trans14 portation, in coordination with the Secretary of 

15 Health and Human Services and the Secretary of 

16 Homeland Security, shall establish a National Emer17 gency Medical Services Advisory Council (referred to 

18 in this subsection as the ‘Advisory Council’). 

19 ‘‘(2) MEMBERSHIP.—The Advisory Council shall 

20 be composed of 25 members, who— 

21 ‘‘(A) shall be appointed by the Secretary of 

22 Transportation; and 

23 ‘‘(B) shall collectively be representative of 

24 all sectors of the emergency medical services com25 munity. 
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1 ‘‘(3) PURPOSES.—The purposes of the Advisory 

2 Council are to advise and consult with— 

3 ‘‘(A) the Federal Interagency Committee on 

4 Emergency Medical Services on matters relating 

5 to emergency medical services issues; and 

6 ‘‘(B) the Secretary of Transportation on 

7 matters relating to emergency medical services 

8 issues affecting the Department of Transpor9 tation. 

10 ‘‘(4) ADMINISTRATION.—The Administrator of 

11 the National Highway Traffic Safety Administration 

12 shall provide administrative support to the Advisory 

13 Council, including scheduling meetings, setting agen14 das, keeping minutes and records, and producing re15 ports. 

16 ‘‘(5) LEADERSHIP.—The members of the Advi17 sory Council shall annually select a chairperson of the 

18 Council. 

19 ‘‘(6) MEETINGS.—The Advisory Council shall 

20 meet as frequently as is determined necessary by the 

21 chairperson of the Council. 

22 ‘‘(7) ANNUAL REPORTS.—The Advisory Council 

23 shall prepare an annual report to the Secretary of 

24 Transportation regarding the Council’s actions and 

25 recommendations.’’. 
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1 Subtitle B—Enhanced Safety 

2 Authorities 

3 SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT. 

4 Section 30102(a)(7)(C) of title 49, United States Code, 

5 is amended to read as follows: 

6 ‘‘(C) any device or an article or apparel, 

7 including a motorcycle helmet and excluding 

8 medicine or eyeglasses prescribed by a licensed 

9 practitioner, that— 

10 ‘‘(i) is not a system, part, or compo11 nent of a motor vehicle; and 

12 ‘‘(ii) is manufactured, sold, delivered, 

13 or offered to be sold for use on public streets, 

14 roads, and highways with the apparent 

15 purpose of safeguarding motor vehicles and 

16 highway users against risk of accident, in17 jury, or death.’’. 

18 SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF 

19 SAFETY BELTS. 

20 (a) IN GENERAL.—Chapter 301 of title 49, United 

21 States Code, is amended— 

22 (1) in section 30122, by striking subsection (d); 

23 and 

24 (2) by amending section 30124 to read as fol25 lows: 
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1 ‘‘§ 30124. Nonuse of safety belts 

2 ‘‘A motor vehicle safety standard prescribed under this 

3 chapter may not require a manufacturer to comply with 

4 the standard by using a safety belt interlock designed to 

5 prevent starting or operating a motor vehicle if an occupant 

6 is not using a safety belt.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 chapter 301 of title 49, United States Code, is amended by 

9 striking the item relating to section 30124 and inserting 

10 the following: 

‘‘Sec. 30124. Nonuse of safety belts.’’. 

11 SEC. 31203. CIVIL PENALTIES. 

12 (a) IN GENERAL.—Section 30165 of title 49, United 

13 States Code, is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘30123(d)’’ and insert17 ing ‘‘30123(a)’’; and 

18 (ii) by striking ‘‘$15,000,000’’ and in19 serting ‘‘$250,000,000’’; and 

20 (B) in paragraph (3), by striking 

21 ‘‘$15,000,000’’ and inserting ‘‘$250,000,000’’; 

22 and 

23 (2) by amending subsection (c) to read as fol24 lows: 
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1 ‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT

2 OF PENALTY OR COMPROMISE.—In determining the 

3 amount of a civil penalty or compromise under this section, 

4 the Secretary of Transportation shall consider the nature, 

5 circumstances, extent, and gravity of the violation. Such de6 termination shall include, as appropriate— 

7 ‘‘(1) the nature of the defect or noncompliance; 

8 ‘‘(2) knowledge by the person charged of its obli9 gation to recall or notify the public; 

10 ‘‘(3) the severity of the risk of injury; 

11 ‘‘(4) the occurrence or absence of injury; 

12 ‘‘(5) the number of motor vehicles or items of 

13 motor vehicle equipment distributed with the defect or 

14 noncompliance; 

15 ‘‘(6) the existence of an imminent hazard; 

16 ‘‘(7) actions taken by the person charged to iden17 tify, investigate, or mitigate the condition; 

18 ‘‘(8) the appropriateness of such penalty in rela19 tion to the size of the business of the person charged, 

20 including the potential for undue adverse economic 

21 impacts; 

22 ‘‘(9) whether the person has previously been as23 sessed civil penalties under this section during the 

24 most recent 5 years; and 

25 ‘‘(10) other appropriate factors.’’. 
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1 (b) CIVIL PENALTY CRITERIA.—Not later than 1 year 

2 after the date of the enactment of this Act, the Secretary 

3 shall issue a final rule, in accordance with the procedures 

4 of section 553 of title 5, United States Code, which provides 

5 an interpretation of the penalty factors described in section 

6 30165(c) of title 49, United States Code. 

7 (c) CONSTRUCTION.—Nothing in this section may be 

8 construed as preventing the imposition of penalties under 

9 section 30165 of title 49, United States Code, before the 

10 issuance of a final rule under subsection (b). 

11 SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DE12 VELOPMENT. 

13 (a) IN GENERAL.—Chapter 301 of title 49, United 

14 States Code, is amended by adding at the end the following: 

15 ‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY 

16 RESEARCH AND DEVELOPMENT 

17 ‘‘§ 30181. Policy 

18 ‘‘The Secretary of Transportation shall conduct re19 search, development, and testing on any area or aspect of 

20 motor vehicle safety necessary to carry out this chapter. 

21 ‘‘§ 30182. Powers and duties 

22 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

23 shall— 

24 ‘‘(1) conduct motor vehicle safety research, devel25 opment, and testing programs and activities, includ-
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1 ing new and emerging technologies that impact or 

2 may impact motor vehicle safety; 

3 ‘‘(2) collect and analyze all types of motor vehi4 cle and highway safety data and related information 

5 to determine the relationship between motor vehicle or 

6 motor vehicle equipment performance characteristics 

7 and— 

8 ‘‘(A) accidents involving motor vehicles; and 

9 ‘‘(B) deaths or personal injuries resulting 

10 from those accidents; 

11 ‘‘(3) promote, support, and advance the edu12 cation and training of motor vehicle safety staff of the 

13 National Highway Traffic Safety Administration, in14 cluding using program funds for— 

15 ‘‘(A) planning, implementing, conducting, 

16 and presenting results of program activities; and 

17 ‘‘(B) travel and related expenses; 

18 ‘‘(4) obtain experimental and other motor vehi19 cles and motor vehicle equipment for research or test20 ing; 

21 ‘‘(5)(A) use any test motor vehicles and motor 

22 vehicle equipment suitable for continued use, as deter23 mined by the Secretary to assist in carrying out this 

24 chapter or any other chapter of this title; or 
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1 ‘‘(B) sell or otherwise dispose of test motor vehi2 cles and motor vehicle equipment and use the result3 ing proceeds to carry out this chapter; 

4 ‘‘(6) award grants to States and local govern5 ments, interstate authorities, and nonprofit institu6 tions; and 

7 ‘‘(7) enter into cooperative agreements, collabo8 rative research, or contracts with Federal agencies, 

9 interstate authorities, State and local governments, 

10 other public entities, private organizations and per11 sons, nonprofit institutions, colleges and universities, 

12 consumer advocacy groups, corporations, partner13 ships, sole proprietorships, trade associations, Federal 

14 laboratories (including government-owned, govern15 ment-operated laboratories and government-owned, 

16 contractor-operated laboratories), and foreign govern17 ments and research organizations. 

18 ‘‘(b) USE OF PUBLIC AGENCIES.—In carrying out this 

19 subchapter, the Secretary shall avoid duplication by using 

20 the services, research, and testing facilities of public agen21 cies, as appropriate. 

22 ‘‘(c) FACILITIES.—The Secretary may plan, design, 

23 and build a new facility or modify an existing facility to 

24 conduct research, development, and testing in traffic safety, 

25 highway safety, and motor vehicle safety. 
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1 ‘‘(d) AVAILABILITY OF INFORMATION, PATENTS, AND

2 DEVELOPMENTS.—When the United States Government 

3 makes more than a minimal contribution to a research or 

4 development activity under this chapter, the Secretary shall 

5 include in the arrangement for the activity a provision to 

6 ensure that all information, patents, and developments re7 lated to the activity are available to the public without 

8 charge. The owner of a background patent may not be de9 prived of a right under the patent. 

10 ‘‘§ 30183. Prohibition on certain disclosures. 

11 ‘‘Any report of the National Highway Traffic Safety 

12 Administration, or of any officer, employee, or contractor 

13 of the National Highway Traffic Safety Administration, re14 lating to any highway traffic accident or the investigation 

15 of such accident conducted pursuant to this chapter or sec16 tion 403 of title 23, shall be made available to the public 

17 in a manner that does not identify individuals.’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) AMENDMENT OF CHAPTER ANALYSIS.—The 

20 chapter analysis for chapter 301 of title 49, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

‘‘30181. Policy. 

‘‘30182. Powers and duties. 

‘‘30183. Prohibition on certain disclosures.’’. 
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1 (2) DELETION OF REDUNDANT MATERIAL.— 

2 Chapter 301 of title 49, United States Code, is 

3 amended— 

4 (A) in the chapter analysis, by striking the 

5 item relating to section 30168; and 

6 (B) by striking section 30168. 

7 SEC. 31205. ODOMETER REQUIREMENTS. 

8 (a) DEFINITION.—Section 32702(5) of title 49, United 

9 States Code, is amended by inserting ‘‘or system of compo10 nents’’ after ‘‘instrument’’. 

11 (b) ELECTRONIC DISCLOSURES OF ODOMETER INFOR12 MATION.—Section 32705 of title 49, United States Code, is 

13 amended by adding at the end the following: 

14 ‘‘(g) ELECTRONIC DISCLOSURES.—Not later than 18 

15 months after the date of enactment of the Motor Vehicle and 

16 Highway Safety Improvement Act of 2012, in carrying out 

17 this section, the Secretary shall prescribe regulations per18 mitting any written disclosures or notices and related mat19 ters to be provided electronically.’’. 

20 SEC. 31206. INCREASED PENALTIES AND DAMAGES FOR 

21 ODOMETER FRAUD. 

22 Chapter 327 of title 49, United States Code, is amend23 ed— 

24 (1) in section 32709(a)(1)— 
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1 (A) by striking ‘‘$2,000’’ and inserting 

2 ‘‘$10,000’’; and 

3 (B) by striking ‘‘$100,000’’ and inserting 

4 ‘‘$1,000,000’’; and 

5 (2) in section 32710(a), by striking ‘‘$1,500’’ 

6 and inserting ‘‘$10,000’’. 

7 SEC. 31207. EXTEND PROHIBITIONS ON IMPORTING NON8 COMPLIANT VEHICLES AND EQUIPMENT TO 

9 DEFECTIVE VEHICLES AND EQUIPMENT. 

10 Section 30112 of title 49, United States Code, is 

11 amended— 

12 (1) in subsection (a), by adding at the end the 

13 following: 

14 ‘‘(3) Except as provided in this section, section 30114, 

15 subsections (i) and (j) of section 30120, and subchapter III, 

16 a person may not sell, offer for sale, introduce or deliver 

17 for introduction in interstate commerce, or import into the 

18 United States any motor vehicle or motor vehicle equipment 

19 if the vehicle or equipment contains a defect related to 

20 motor vehicle safety about which notice was given under 

21 section 30118(c) or an order was issued under section 

22 30118(b). Nothing in this paragraph may be construed to 

23 prohibit the importation of a new motor vehicle that re24 ceives a required recall remedy before being sold to a con25 sumer in the United States.’’; and 
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1 (2) in subsection (b)(2)— 

2 (A) in subparagraph (A), by striking ‘‘or’’ 

3 at the end; 

4 (B) in subparagraph (B), by adding ‘‘or’’ 

5 at the end; and 

6 (C) by adding at the end the following: 

7 ‘‘(C) having no reason to know, despite ex8 ercising reasonable care, that a motor vehicle or 

9 motor vehicle equipment contains a defect related 

10 to motor vehicle safety about which notice was 

11 given under section 30118(c) or an order was 

12 issued under section 30118(b);’’. 

13 SEC. 31208. FINANCIAL RESPONSIBILITY REQUIREMENTS 

14 FOR IMPORTERS. 

15 Chapter 301 of title 49, United States Code, is amend16 ed— 

17 (1) in the chapter analysis, by striking the item 

18 relating to subchapter III and inserting the following: 

‘‘SUBCHAPTER III—IMPORTING MOTOR VEHICLES AND EQUIPMENT’’; 

19 (2) in the heading for subchapter III, by striking 

20 ‘‘NONCOMPLYING’’; and 

21 (3) in section 30147, by amending subsection (b) 

22 to read as follows: 

23 ‘‘(b) FINANCIAL RESPONSIBILITY REQUIREMENT.— 

24 ‘‘(1) RULEMAKING.—The Secretary of Transpor25 tation may issue regulations requiring each person 
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1 that imports a motor vehicle or motor vehicle equip2 ment into the customs territory of the United States, 

3 including a registered importer (or any successor in 

4 interest), provide and maintain evidence, satisfactory 

5 to the Secretary, of sufficient financial responsibility 

6 to meet its obligations under section 30117(b), sec7 tions 30118 through 30121, and section 30166(f). In 

8 making a determination of sufficient financial re9 sponsibility under this Rule, the Secretary, to avoid 

10 duplicative requirements, shall first, to the extent 

11 practicable, rely on existing reporting and record12 keeping requirements and other information available 

13 to the Secretary, and shall coordinate with other Fed14 eral agencies, including the Securities and Exchange 

15 Commission, to access information collected and made 

16 publicly available under existing reporting and rec17 ordkeeping requirements. 

18 ‘‘(2) REFUSAL OF ADMISSION.—If the Secretary 

19 of Transportation believes that a person described in 

20 paragraph (1) has not provided and maintained evi21 dence of sufficient financial responsibility to meet the 

22 obligations referred to in paragraph (1), the Secretary 

23 of Homeland Security shall first offer the person an 

24 opportunity to remedy the deficiency within 30 days, 

25 and if not remedied thereafter may refuse the admis-
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1 sion into the customs territory of the United States of 

2 any motor vehicle or motor vehicle equipment im3 ported by the person. 

4 ‘‘(3) EXCEPTION.—This subsection shall not 

5 apply to original manufacturers (or wholly owned 

6 subsidiaries) of motor vehicles that, prior to the date 

7 of enactment of the Motor Vehicle and Highway Safe8 ty Improvement Act of 2012— 

9 ‘‘(A) have imported motor vehicles into the 

10 United States that are certified to comply with 

11 all applicable Federal motor vehicle safety stand12 ards; 

13 ‘‘(B) have submitted to the Secretary appro14 priate manufacturer identification information 

15 under part 566 of title 49, Code of Federal Regu16 lations; and 

17 ‘‘(C) if applicable, have identified a current 

18 agent for service of process in accordance with 

19 part 551 of title 49, Code of Federal Regula20 tions.’’. 

21 SEC. 31209. CONDITIONS ON IMPORTATION OF VEHICLES 

22 AND EQUIPMENT. 

23 Chapter 301 of title 49, United States Code, is amend24 ed— 
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1 (1) in the chapter analysis, by striking the item 

2 relating to section 30164 and inserting the following: 

‘‘30164. Service of process; conditions on importation of vehicles and equipment.’’; 

3 and 

4 (2) in section 30164— 

5 (A) in the section heading, by adding ‘‘; 

6 CONDITIONS ON IMPORTATION OF VEHI7 CLES AND EQUIPMENT’’ at the end; and 

8 (B) by adding at the end the following: 

9 ‘‘(c) IDENTIFYING INFORMATION.—A manufacturer 

10 (including an importer) offering a motor vehicle or motor 

11 vehicle equipment for import shall provide such information 

12 as the Secretary may, by rule, request including— 

13 ‘‘(1) the product by name and the manufactur14 er’s address; and 

15 ‘‘(2) each retailer or distributor to which the 

16 manufacturer directly supplied motor vehicles or 

17 motor vehicle equipment over which the Secretary has 

18 jurisdiction under this chapter. 

19 ‘‘(d) RULEMAKING.—In issuing a rulemaking, the Sec20 retary shall seek to reduce duplicative requirements by co21 ordinating with Department of Homeland Security. The 

22 Secretary may issue regulations that— 

23 ‘‘(1) condition the import of a motor vehicle or 

24 motor vehicle equipment on the manufacturer’s com25 pliance with— 
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1 ‘‘(A) the requirements under this section; 

2 ‘‘(B) any rules issued with respect to such 

3 requirements; or 

4 ‘‘(C) any other requirements under this 

5 chapter or rules issued with respect to such re6 quirements; 

7 ‘‘(2) provide an opportunity for the manufac8 turer to present information before the Secretary’s de9 termination as to whether the manufacturer’s imports 

10 should be restricted; and 

11 ‘‘(3) establish a process by which a manufacturer 

12 may petition for reinstatement of its ability to import 

13 motor vehicles or motor vehicle equipment. 

14 ‘‘(e) EXCEPTION.—The requirements of subsections (c) 

15 and (d) shall not apply to original manufacturers (or whol16 ly owned subsidiaries) of motor vehicles that, prior to the 

17 date of enactment of the Motor Vehicle and Highway Safety 

18 Improvement Act of 2012— 

19 ‘‘(1) have imported motor vehicles into the 

20 United States that are certified to comply with all 

21 applicable Federal motor vehicle safety standards, 

22 ‘‘(2) have submitted to the Secretary appropriate 

23 manufacturer identification information under part 

24 566 of title 49, Code of Federal Regulations; and 
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1 ‘‘(3) if applicable, have identified a current 

2 agent for service of process in accordance with part 

3 551 of title 49, Code of Federal Regulations.’’. 

4 SEC. 31210. PORT INSPECTIONS; SAMPLES FOR EXAMINA5 TION OR TESTING. 

6 Section 30166(c) of title 49, United States Code, is 

7 amended— 

8 (1) in paragraph (2), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (3)— 

11 (A) in subparagraph (A), by inserting ‘‘(in12 cluding at United States ports of entry)’’ after 

13 ‘‘held for introduction in interstate commerce’’; 

14 and 

15 (B) in subparagraph (D), by striking the 

16 period at the end and inserting a semicolon; and 

17 (3) by adding at the end the following: 

18 ‘‘(4) shall enter into a memorandum of under19 standing with the Secretary of Homeland Security for 

20 inspections and sampling of motor vehicle equipment 

21 being offered for import to determine compliance with 

22 this chapter or a regulation or order issued under this 

23 chapter.’’. 
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1 Subtitle C—Transparency and 

2 Accountability 

3 SEC. 31301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFE4 TY ADMINISTRATION VEHICLE SAFETY DATA5 BASE. 

6 (a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of this Act, the Secretary shall improve 

8 public accessibility to information on the National High9 way Traffic Safety Administration’s publicly accessible ve10 hicle safety databases by— 

11 (1) improving organization and functionality, 

12 including modern web design features, and allowing 

13 for data to be searched, aggregated, and downloaded; 

14 (2) providing greater consistency in presentation 

15 of vehicle safety issues; and 

16 (3) improving searchability about specific vehi17 cles and issues through standardization of commonly 

18 used search terms. 

19 (b) VEHICLE RECALL INFORMATION.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of enactment of this Act, the Secretary shall 

22 require that motor vehicle safety recall information— 

23 (A) is available to the public on the Inter24 net; 
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1 (B) is searchable by vehicle make and model 

2 and vehicle identification number; 

3 (C) is in a format that preserves consumer 

4 privacy; and 

5 (D) includes information about each recall 

6 that has not been completed for each vehicle. 

7 (2) RULEMAKING.—The Secretary may initiate 

8 a rulemaking proceeding to require each manufac9 turer to provide the information described in para10 graph (1), with respect to that manufacturer’s motor 

11 vehicles, at no cost on a publicly accessible Internet 

12 website. 

13 (3) DATABASE AWARENESS PROMOTION ACTIVI14 TIES.—The Secretary, in consultation with the heads 

15 of other relevant agencies, shall promote consumer 

16 awareness of the information made available to the 

17 public pursuant to this subsection. 

18 SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS19 TRATION HOTLINE FOR MANUFACTURER, 

20 DEALER, AND MECHANIC PERSONNEL. 

21 The Secretary shall— 

22 (1) establish a means by which mechanics, pas23 senger motor vehicle dealership personnel, and pas24 senger motor vehicle manufacturer personnel may di25 rectly and confidentially contact the National High-
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1 way Traffic Safety Administration to report potential 

2 passenger motor vehicle safety defects; and 

3 (2) publicize the means for contacting the Na4 tional Highway Traffic Safety Administration in a 

5 manner that targets mechanics, passenger motor vehi6 cle dealership personnel, and manufacturer personnel. 

7 SEC. 31303. CONSUMER NOTICE OF SOFTWARE UPDATES 

8 AND OTHER COMMUNICATIONS WITH DEAL9 ERS. 

10 (a) INTERNET ACCESSIBILITY.—Section 30166(f) of 

11 title 49, United States Code, is amended— 

12 (1) by striking ‘‘A manufacturer shall give the 

13 Secretary of Transportation’’ and inserting the fol14 lowing: 

15 ‘‘(1) IN GENERAL.—A manufacturer shall give 

16 the Secretary of Transportation, and make available 

17 on a publicly accessible Internet website,’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) NOTICES.—Communications required to be 

20 submitted to the Secretary and made available on a 

21 publicly accessible Internet website under this sub22 section shall include all notices to dealerships of soft23 ware upgrades and modifications recommended by a 

24 manufacturer for all previously sold vehicles. Notice is 

25 required even if the software upgrade or modification 
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1 is not related to a safety defect or noncompliance with 

2 a motor vehicle safety standard. The notice shall in3 clude a plain language description of the purpose of 

4 the update and that description shall be prominently 

5 placed at the beginning of the notice. 

6 ‘‘(3) INDEX.—Communications required to be 

7 submitted to the Secretary under this subsection shall 

8 be accompanied by an index to each communication, 

9 which— 

10 ‘‘(A) identifies the make, model, and model 

11 year of the affected vehicles; 

12 ‘‘(B) includes a concise summary of the sub13 ject matter of the communication; and 

14 ‘‘(C) shall be made available by the Sec15 retary to the public on the Internet in a search16 able format.’’. 

17 SEC. 31304. PUBLIC AVAILABILITY OF EARLY WARNING 

18 DATA. 

19 Section 30166(m) of title 49, United States Code, is 

20 amended in paragraph (4), by amending subparagraph (C) 

21 to read as follows: 

22 ‘‘(C) DISCLOSURE.— 

23 ‘‘(i) IN GENERAL.—The information 

24 provided to the Secretary pursuant to this 

25 subsection shall be disclosed publicly unless 
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1 exempt from disclosure under section 552(b) 

2 of title 5. 

3 ‘‘(ii) PRESUMPTION.—In admin4 istering this subparagraph, the Secretary 

5 shall presume in favor of maximum public 

6 availability of information.’’. 

7 SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL 

8 HIGHWAY TRAFFIC SAFETY ADMINISTRATION 

9 REPORTS. 

10 (a) IN GENERAL.—Section 30166 of title 49, United 

11 States Code, is amended by adding at the end the following: 

12 ‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall require a 

14 senior official responsible for safety in each company 

15 submitting information to the Secretary in response 

16 to a request for information in a safety defect or com17 pliance investigation under this chapter to certify 

18 that— 

19 ‘‘(A) the signing official has reviewed the 

20 submission; and 

21 ‘‘(B) based on the official’s knowledge, the 

22 submission does not— 

23 ‘‘(i) contain any untrue statement of a 

24 material fact; or 
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1 ‘‘(ii) omit to state a material fact nec2 essary in order to make the statements 

3 made not misleading, in light of the cir4 cumstances under which such statements 

5 were made. 

6 ‘‘(2) NOTICE.—The certification requirements of 

7 this section shall be clearly stated on any request for 

8 information under paragraph (1).’’. 

9 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

10 United States Code, is amended— 

11 (1) in paragraph (3), by striking ‘‘A person’’ 

12 and inserting ‘‘Except as provided in paragraph (4), 

13 a person’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE16 PORTS.—A person who knowingly and willfully sub17 mits materially false, misleading, or incomplete infor18 mation to the Secretary, after certifying the same in19 formation as accurate and complete under the certifi20 cation process established pursuant to section 

21 30166(o), shall be subject to a civil penalty of not 

22 more than $5,000 per day. The maximum penalty 

23 under this paragraph for a related series of daily vio24 lations is $5,000,000.’’. 
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1 SEC. 31306. PASSENGER MOTOR VEHICLE INFORMATION 

2 PROGRAM. 

3 (a) DEFINITION.—Section 32301 of title 49, United 

4 States Code, is amended— 

5 (1) by redesignating paragraphs (1) and (2) as 

6 paragraphs (2) and (3), respectively; 

7 (2) by inserting before paragraph (2), as redesig8 nated, the following: 

9 ‘‘(1) ‘crash avoidance’ means preventing or miti10 gating a crash;’’; and 

11 (3) in paragraph (2), as redesignated, by strik12 ing the period at the end and inserting ‘‘; and’’. 

13 (b) INFORMATION INCLUDED.—Section 32302(a) of 

14 title 49, United States Code, is amended— 

15 (1) in paragraph (2), by inserting ‘‘, crash 

16 avoidance, and any other areas the Secretary deter17 mines will improve the safety of passenger motor ve18 hicles’’ after ‘‘crashworthiness’’; and 

19 (2) by striking paragraph (4). 

20 SEC. 31307. PROMOTION OF VEHICLE DEFECT REPORTING. 

21 Section 32302 of title 49, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFORMA24 TION.— 

25 ‘‘(1) RULEMAKING REQUIRED.—Not later than 1 

26 year after the date of the enactment of the Motor Ve-
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1 hicle and Highway Safety Improvement Act of 2012, 

2 the Secretary shall prescribe regulations that require 

3 passenger motor vehicle manufacturers— 

4 ‘‘(A) to affix, in the glove compartment or 

5 in another readily accessible location on the ve6 hicle, a sticker, decal, or other device that pro7 vides, in simple and understandable language, 

8 information about how to submit a safety-related 

9 motor vehicle defect complaint to the National 

10 Highway Traffic Safety Administration; 

11 ‘‘(B) to prominently print the information 

12 described in subparagraph (A) on a separate 

13 page within the owner’s manual; and 

14 ‘‘(C) to not place such information on the 

15 label required under section 3 of the Automobile 

16 Information Disclosure Act (15 U.S.C. 1232). 

17 ‘‘(2) APPLICATION.—The requirements under 

18 paragraph (1) shall apply to passenger motor vehicles 

19 manufactured in any model year beginning more 

20 than 1 year after the date on which a final rule is 

21 published under paragraph (1).’’. 
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1 SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR MOTOR 

2 VEHICLE MANUFACTURERS, PART SUP3 PLIERS, AND DEALERSHIP EMPLOYEES. 

4 (a) IN GENERAL.—Subchapter IV of chapter 301 of 

5 title 49, United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 30171. Protection of employees providing motor ve8 hicle safety information 

9 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF MANU10 FACTURERS, PART SUPPLIERS, AND DEALERSHIPS.—No 

11 motor vehicle manufacturer, part supplier, or dealership 

12 may discharge an employee or otherwise discriminate 

13 against an employee with respect to compensation, terms, 

14 conditions, or privileges of employment because the em15 ployee (or any person acting pursuant to a request of the 

16 employee)— 

17 ‘‘(1) provided, caused to be provided, or is about 

18 to provide (with any knowledge of the employer) or 

19 cause to be provided to the employer or the Secretary 

20 of Transportation information relating to any motor 

21 vehicle defect, noncompliance, or any violation or al22 leged violation of any notification or reporting re23 quirement of this chapter; 

24 ‘‘(2) has filed, caused to be filed, or is about to 

25 file (with any knowledge of the employer) or cause to 

26 be filed a proceeding relating to any violation or al-
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1 leged violation of any motor vehicle defect, noncompli2 ance, or any violation or alleged violation of any no3 tification or reporting requirement of this chapter; 

4 ‘‘(3) testified or is about to testify in such a pro5 ceeding; 

6 ‘‘(4) assisted or participated or is about to assist 

7 or participate in such a proceeding; or 

8 ‘‘(5) objected to, or refused to participate in, any 

9 activity that the employee reasonably believed to be in 

10 violation of any provision of any Act enforced by the 

11 Secretary of Transportation, or any order, rule, regu12 lation, standard, or ban under any such Act. 

13 ‘‘(b) COMPLAINT PROCEDURE.— 

14 ‘‘(1) FILING AND NOTIFICATION.—A person who 

15 believes that he or she has been discharged or other16 wise discriminated against by any person in viola17 tion of subsection (a) may, not later than 180 days 

18 after the date on which such violation occurs, file (or 

19 have any person file on his or her behalf) a complaint 

20 with the Secretary of Labor (hereinafter in this sec21 tion referred to as the ‘Secretary’) alleging such dis22 charge or discrimination. Upon receipt of such a com23 plaint, the Secretary shall notify, in writing, the per24 son named in the complaint of the filing of the com25 plaint, of the allegations contained in the complaint, 
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1 of the substance of evidence supporting the complaint, 

2 and of the opportunities that will be afforded to such 

3 person under paragraph (2). 

4 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 

5 ‘‘(A) IN GENERAL.—Not later than 60 days 

6 after the date of receipt of a complaint filed 

7 under paragraph (1) and after affording the per8 son named in the complaint an opportunity to 

9 submit to the Secretary a written response to the 

10 complaint and an opportunity to meet with a 

11 representative of the Secretary to present state12 ments from witnesses, the Secretary shall conduct 

13 an investigation and determine whether there is 

14 reasonable cause to believe that the complaint 

15 has merit and notify, in writing, the complain16 ant and the person alleged to have committed a 

17 violation of subsection (a) of the Secretary’s find18 ings. If the Secretary concludes that there is a 

19 reasonable cause to believe that a violation of 

20 subsection (a) has occurred, the Secretary shall 

21 accompany the Secretary’s findings with a pre22 liminary order providing the relief prescribed by 

23 paragraph (3)(B). Not later than 30 days after 

24 the date of notification of findings under this 

25 paragraph, either the person alleged to have com-
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1 mitted the violation or the complainant may file 

2 objections to the findings or preliminary order, 

3 or both, and request a hearing on the record. The 

4 filing of such objections shall not operate to stay 

5 any reinstatement remedy contained in the pre6 liminary order. Such hearings shall be conducted 

7 expeditiously. If a hearing is not requested in 

8 such 30-day period, the preliminary order shall 

9 be deemed a final order that is not subject to ju10 dicial review. 

11 ‘‘(B) REQUIREMENTS.— 

12 ‘‘(i) REQUIRED SHOWING BY COM13 PLAINANT.—The Secretary shall dismiss a 

14 complaint filed under this subsection and 

15 shall not conduct an investigation otherwise 

16 required under subparagraph (A) unless the 

17 complainant makes a prima facie showing 

18 that any behavior described in paragraphs 

19 (1) through (5) of subsection (a) was a con20 tributing factor in the unfavorable per21 sonnel action alleged in the complaint. 

22 ‘‘(ii) SHOWING BY EMPLOYER.—Not23 withstanding a finding by the Secretary 

24 that the complainant has made the showing 

25 required under clause (i), no investigation 
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1 otherwise required under subparagraph (A) 

2 shall be conducted if the employer dem3 onstrates, by clear and convincing evidence, 

4 that the employer would have taken the 

5 same unfavorable personnel action in the 

6 absence of that behavior. 

7 ‘‘(iii) CRITERIA FOR DETERMINATION

8 BY SECRETARY.—The Secretary may deter9 mine that a violation of subsection (a) has 

10 occurred only if the complainant dem11 onstrates that any behavior described in 

12 paragraphs (1) through (5) of subsection (a) 

13 was a contributing factor in the unfavorable 

14 personnel action alleged in the complaint. 

15 ‘‘(iv) PROHIBITION.—Relief may not 

16 be ordered under subparagraph (A) if the 

17 employer demonstrates, by clear and con18 vincing evidence, that the employer would 

19 have taken the same unfavorable personnel 

20 action in the absence of that behavior. 

21 ‘‘(3) FINAL ORDER.— 

22 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE23 MENT AGREEMENTS.—Not later than 120 days 

24 after the date of conclusion of a hearing under 

25 paragraph (2), the Secretary shall issue a final 
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1 order providing the relief prescribed by this 

2 paragraph or denying the complaint. At any 

3 time before issuance of a final order, a pro4 ceeding under this subsection may be terminated 

5 on the basis of a settlement agreement entered 

6 into by the Secretary, the complainant, and the 

7 person alleged to have committed the violation. 

8 ‘‘(B) REMEDY.—If, in response to a com9 plaint filed under paragraph (1), the Secretary 

10 determines that a violation of subsection (a) has 

11 occurred, the Secretary shall order the person 

12 who committed such violation— 

13 ‘‘(i) to take affirmative action to abate 

14 the violation; 

15 ‘‘(ii) to reinstate the complainant to 

16 his or her former position together with the 

17 compensation (including back pay) and re18 store the terms, conditions, and privileges 

19 associated with his or her employment; and 

20 ‘‘(iii) to provide compensatory dam21 ages to the complainant. 

22 ‘‘(C) ATTORNEYS’ FEES.—If such an order 

23 is issued under this paragraph, the Secretary, at 

24 the request of the complainant, shall assess 

25 against the person against whom the order is 
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1 issued a sum equal to the aggregate amount of 

2 all costs and expenses (including attorneys’ and 

3 expert witness fees) reasonably incurred, as de4 termined by the Secretary, by the complainant 

5 for, or in connection with, bringing the com6 plaint upon which the order was issued. 

7 ‘‘(D) FRIVOLOUS COMPLAINTS.—If the Sec8 retary determines that a complaint under para9 graph (1) is frivolous or has been brought in bad 

10 faith, the Secretary may award to the prevailing 

11 employer a reasonable attorney’s fee not exceed12 ing $1,000. 

13 ‘‘(E) DE NOVO REVIEW.—With respect to a 

14 complaint under paragraph (1), if the Secretary 

15 of Labor has not issued a final decision within 

16 210 days after the filing of the complaint and if 

17 the delay is not due to the bad faith of the em18 ployee, the employee may bring an original ac19 tion at law or equity for de novo review in the 

20 appropriate district court of the United States, 

21 which shall have jurisdiction over such an action 

22 without regard to the amount in controversy, 

23 and which action shall, at the request of either 

24 party to the action, be tried by the court with a 

25 jury. The action shall be governed by the same 
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1 legal burdens of proof specified in paragraph 

2 (2)(B) for review by the Secretary of Labor. 

3 ‘‘(4) REVIEW.— 

4 ‘‘(A) APPEAL TO COURT OF APPEALS.—Any 

5 person adversely affected or aggrieved by an 

6 order issued under paragraph (3) may obtain re7 view of the order in the United States Court of 

8 Appeals for the circuit in which the violation, 

9 with respect to which the order was issued, alleg10 edly occurred or the circuit in which the com11 plainant resided on the date of such violation. 

12 The petition for review shall be filed not later 

13 than 60 days after the date of the issuance of the 

14 final order of the Secretary. Review shall con15 form to chapter 7 of title 5. The commencement 

16 of proceedings under this subparagraph shall 

17 not, unless ordered by the court, operate as a 

18 stay of the order. 

19 ‘‘(B) LIMITATION ON COLLATERAL AT20 TACK.—An order of the Secretary with respect to 

21 which review could have been obtained under 

22 subparagraph (A) shall not be subject to judicial 

23 review in any criminal or other civil proceeding. 

24 ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY.— 

25 Whenever any person fails to comply with an order 
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1 issued under paragraph (3), the Secretary may file a 

2 civil action in the United States district court for the 

3 district in which the violation was found to occur to 

4 enforce such order. In actions brought under this 

5 paragraph, the district courts shall have jurisdiction 

6 to grant all appropriate relief, including injunctive 

7 relief and compensatory damages. 

8 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 

9 ‘‘(A) COMMENCEMENT OF ACTION.—A per10 son on whose behalf an order was issued under 

11 paragraph (3) may commence a civil action 

12 against the person to whom such order was 

13 issued to require compliance with such order. 

14 The appropriate United States district court 

15 shall have jurisdiction, without regard to the 

16 amount in controversy or the citizenship of the 

17 parties, to enforce such order. 

18 ‘‘(B) ATTORNEY FEES.—The court, in 

19 issuing any final order under this paragraph, 

20 may award costs of litigation (including reason21 able attorney and expert witness fees) to any 

22 party whenever the court determines such award 

23 is appropriate. 
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1 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im2 posed under this section shall be enforceable in a mandamus 

3 proceeding brought under section 1361 of title 28. 

4 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA5 TIONS.—Subsection (a) shall not apply with respect to an 

6 employee of a motor vehicle manufacturer, part supplier, 

7 or dealership who, acting without direction from such motor 

8 vehicle manufacturer, part supplier, or dealership (or such 

9 person’s agent), deliberately causes a violation of any re10 quirement relating to motor vehicle safety under this chap11 ter.’’. 

12 (b) CONFORMING AMENDMENT.—The table of sections 

13 for chapter 301 of title 49, United States Code, is amended 

14 by inserting after the item relating to section 30170 the fol15 lowing: 

‘‘30171. Protection of employees providing motor vehicle safety information.’’. 

16 SEC. 31309. ANTI-REVOLVING DOOR. 

17 (a) AMENDMENT.—Subchapter I of chapter 301 of title 

18 49, United States Code, is amended by adding at the end 

19 the following: 

20 ‘‘§ 30107. Restriction on covered motor vehicle safety 

21 officials 

22 ‘‘(a) IN GENERAL.—During the 2-year period after the 

23 termination of his or her service or employment, a covered 

24 vehicle safety official may not knowingly make, with the 

25 intent to influence, any communication to or appearance 
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1 before any officer or employee of the National Highway 

2 Traffic Safety Administration on behalf of any manufac3 turer subject to regulation under this chapter in connection 

4 with any matter involving motor vehicle safety on which 

5 such person seeks official action by any officer or employee 

6 of the National Highway Traffic Safety Administration. 

7 ‘‘(b) MANUFACTURERS.—It is unlawful for any manu8 facturer or other person subject to regulation under this 

9 chapter to employ or contract for the services of an indi10 vidual to whom subsection (a) applies during the 2-year 

11 period commencing on the individual’s termination of em12 ployment with the National Highway Traffic Safety Ad13 ministration in a capacity in which the individual is pro14 hibited from serving during that period. 

15 ‘‘(c) SPECIAL RULE FOR DETAILEES.—For purposes 

16 of this section, a person who is detailed from 1 department, 

17 agency, or other entity to another department, agency, or 

18 other entity shall, during the period such person is detailed, 

19 be deemed to be an officer or employee of both departments, 

20 agencies, or such entities. 

21 ‘‘(d) SAVINGS PROVISION.—Nothing in this section 

22 may be construed to expand, contract, or otherwise affect 

23 the application of any waiver or criminal penalties under 

24 section 207 of title 18. 
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1 ‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing in this 

2 section may be construed to prevent an individual from giv3 ing testimony under oath, or from making statements re4 quired to be made under penalty of perjury. 

5 ‘‘(f) DEFINED TERM.—In this section, the term ‘cov6 ered vehicle safety official’ means any officer or employee 

7 of the National Highway Traffic Safety Administration— 

8 ‘‘(1) who, during the final 12 months of his or 

9 her service or employment with the agency, serves or 

10 served in a technical or legal capacity, and whose job 

11 responsibilities include or included vehicle safety de12 fect investigation, vehicle safety compliance, vehicle 

13 safety rulemaking, or vehicle safety research; and 

14 ‘‘(2) who serves in a supervisory or management 

15 capacity over an officer or employee described in 

16 paragraph (1). 

17 ‘‘(g) EFFECTIVE DATE.—This section shall apply to 

18 covered vehicle safety officials who terminate service or em19 ployment with the National Highway Traffic Safety Ad20 ministration after the date of enactment of the Motor Vehi21 cle and Highway Safety Improvement Act of 2012.’’. 

22 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

23 United States Code, as amended by this subtitle, is further 

24 amended by adding at the end the following: 
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† HR 4348 EAS 

1 ‘‘(5) IMPROPER INFLUENCE.—An individual who 

2 violates section 30107(a) is liable to the United States 

3 Government for a civil penalty, as determined under 

4 section 216(b) of title 18, for an offense under section 

5 207 of that title. A manufacturer or other person sub6 ject to regulation under this chapter who violates sec7 tion 30107(b) is liable to the United States Govern8 ment for a civil penalty equal to the sum of— 

9 ‘‘(A) an amount equal to not less than 

10 $100,000; and 

11 ‘‘(B) an amount equal to 90 percent of the 

12 annual compensation or fee paid or payable to 

13 the individual with respect to whom the viola14 tion occurred.’’. 

15 (c) STUDY OF DEPARTMENT OF TRANSPORTATION

16 POLICIES ON OFFICIAL COMMUNICATION WITH FORMER

17 MOTOR VEHICLE SAFETY ISSUE EMPLOYEES.—Not later 

18 than 1 year after the date of the enactment of this Act, the 

19 Inspector General of the Department of Transportation 

20 shall— 

21 (1) review the Department of Transportation’s 

22 policies and procedures applicable to official commu23 nication with former employees concerning motor ve24 hicle safety compliance matters for which they had re25 sponsibility during the last 12 months of their tenure 
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† HR 4348 EAS 

1 at the Department, including any limitations on the 

2 ability of such employees to submit comments, or oth3 erwise communicate directly with the Department, on 

4 motor vehicle safety issues; and 

5 (2) submit a report to the Committee on Com6 merce, Science, and Transportation of the Senate and 

7 the Committee on Energy and Commerce of the House 

8 of Representatives that contains the Inspector Gen9 eral’s findings, conclusions, and recommendations for 

10 strengthening those policies and procedures to mini11 mize the risk of undue influence without compro12 mising the ability of the Department to employ and 

13 retain highly qualified individuals for such respon14 sibilities. 

15 (d) POST-EMPLOYMENT POLICY STUDY.— 

16 (1) IN GENERAL.—The Inspector General of the 

17 Department of Transportation shall conduct a study 

18 of the Department’s policies relating to post-employ19 ment restrictions on employees who perform functions 

20 related to transportation safety. 

21 (2) REPORT.—Not later than 1 year after the 

22 date of enactment of this Act, the Inspector General 

23 shall submit a report containing the results of the 

24 study conducted under paragraph (1) to— 
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1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; 

3 (B) the Committee on Energy and Com4 merce of the House of Representatives; and 

5 (C) the Secretary of Transportation. 

6 (3) USE OF RESULTS.—The Secretary of Trans7 portation shall review the results of the study con8 ducted under paragraph (1) and take whatever action 

9 the Secretary determines to be appropriate. 

10 (e) CONFORMING AMENDMENT.—The table of contents 

11 for chapter 301 of title 49, United States Code, is amended 

12 by inserting after the item relating to section 30106 the fol13 lowing: 

‘‘30107. Restriction on covered motor vehicle safety officials.’’. 

14 SEC. 31310. STUDY OF CRASH DATA COLLECTION. 

15 (a) IN GENERAL.—Not later than 1 year after the date 

16 of enactment of this Act, the Secretary shall submit a report 

17 to the Committee on Commerce, Science, and Transpor18 tation of the Senate the Committee on Energy and Com19 merce of the House of Representatives regarding the quality 

20 of data collected through the National Automotive Sampling 

21 System, including the Special Crash Investigations Pro22 gram. 

23 (b) REVIEW.—The Administrator of the National 

24 Highway Traffic Safety Administration (referred to in this 

25 section as the ‘‘Administration’’) shall conduct a com-
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† HR 4348 EAS 

1 prehensive review of the data elements collected from each 

2 crash to determine if additional data should be collected. 

3 The review under this subsection shall include input from 

4 interested parties, including suppliers, automakers, safety 

5 advocates, the medical community, and research organiza6 tions. 

7 (c) CONTENTS.—The report issued under this section 

8 shall include— 

9 (1) the analysis and conclusions the Administra10 tion can reach from the amount of motor vehicle crash 

11 data collected in a given year; 

12 (2) the additional analysis and conclusions the 

13 Administration could reach if more crash investiga14 tions were conducted each year; 

15 (3) the number of investigations per year that 

16 would allow for optimal data analysis and crash in17 formation; 

18 (4) the results of the comprehensive review con19 ducted pursuant to subsection (b); 

20 (5) recommendations for improvements to the 

21 Administration’s data collection program; and 

22 (6) the resources needed by the Administration to 

23 implement such recommendations. 
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1 SEC. 31311. UPDATE MEANS OF PROVIDING NOTIFICATION; 

2 IMPROVING EFFICACY OF RECALLS. 

3 (a) UPDATE OF MEANS OF PROVIDING NOTIFICA4 TION.—Section 30119(d) of title 49, United States Code, is 

5 amended— 

6 (1) by striking, in paragraph (1), ‘‘by first class 

7 mail’’ and inserting ‘‘in the manner prescribed by the 

8 Secretary, by regulation’’; 

9 (2) in paragraph (2)— 

10 (A) by striking ‘‘(except a tire) shall be sent 

11 by first class mail’’ and inserting ‘‘shall be sent 

12 in the manner prescribed by the Secretary, by 

13 regulation,’’; and 

14 (B) by striking the second sentence; 

15 (3) in paragraph (3)— 

16 (A) by striking the first sentence; 

17 (B) by inserting ‘‘to the notification re18 quired under paragraphs (1) and (2)’’ after ‘‘ad19 dition’’; and 

20 (C) by inserting ‘‘by the manufacturer’’ 

21 after ‘‘given’’; and 

22 (4) in paragraph (4), by striking ‘‘by certified 

23 mail or quicker means if available’’ and inserting ‘‘in 

24 the manner prescribed by the Secretary, by regula25 tion’’. 
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1 (b) IMPROVING EFFICACY OF RECALLS.—Section 

2 30119(e) of title 49, United States Code, is amended— 

3 (1) in the subsection heading, by striking ‘‘SEC4 OND’’ and inserting ‘‘ADDITIONAL’’; 

5 (2) by striking ‘‘If the Secretary’’ and inserting 

6 the following: 

7 ‘‘(1) SECOND NOTIFICATION.—If the Secretary’’; 

8 and 

9 (3) by adding at the end the following: 

10 ‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Sec11 retary determines, after considering the severity of the 

12 defect or noncompliance, that the second notification 

13 by a manufacturer does not result in an adequate 

14 number of motor vehicles or items of replacement 

15 equipment being returned for remedy, the Secretary 

16 may order the manufacturer— 

17 ‘‘(A) to send additional notifications in the 

18 manner prescribed by the Secretary, by regula19 tion; 

20 ‘‘(B) to take additional steps to locate and 

21 notify each person registered under State law as 

22 the owner or lessee or the most recent purchaser 

23 or lessee, as appropriate; and 
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1 ‘‘(C) to emphasize the magnitude of the safe2 ty risk caused by the defect or noncompliance in 

3 such notification.’’. 

4 SEC. 31312. EXPANDING CHOICES OF REMEDY AVAILABLE 

5 TO MANUFACTURERS OF REPLACEMENT 

6 EQUIPMENT. 

7 Section 30120 of title 49, United States Code, is 

8 amended— 

9 (1) in subsection (a)(1), by amending subpara10 graph (B) to read as follows: 

11 ‘‘(B) if replacement equipment, by repair12 ing the equipment, replacing the equipment with 

13 identical or reasonably equivalent equipment, or 

14 by refunding the purchase price.’’; 

15 (2) in the heading of subsection (i), by adding 

16 ‘‘OF NEW VEHICLES OR EQUIPMENT’’ at the end; and 

17 (3) in the heading of subsection (j), by striking 

18 ‘‘REPLACED’’ and inserting ‘‘REPLACEMENT’’. 

19 SEC. 31313. RECALL OBLIGATIONS AND BANKRUPTCY OF 

20 MANUFACTURER. 

21 (a) IN GENERAL.—Chapter 301 of title 49, United 

22 States Code, is amended by inserting the following after sec23 tion 30120: 
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1 ‘‘§ 30120A. Recall obligations and bankruptcy of a 

2 manufacturer 

3 ‘‘A manufacturer’s filing of a petition in bankruptcy 

4 under chapter 11 of title 11, does not negate the manufac5 turer’s duty to comply with section 30112 or sections 30115 

6 through 30120 of this title. In any bankruptcy proceeding, 

7 the manufacturer’s obligations under such sections shall be 

8 treated as a claim of the United States Government against 

9 such manufacturer, subject to subchapter II of chapter 37 

10 of title 31, United States Code, and given priority pursuant 

11 to section 3713(a)(1)(A) of such chapter, notwithstanding 

12 section 3713(a)(2), to ensure that consumers are adequately 

13 protected from any safety defect or noncompliance deter14 mined to exist in the manufacturer’s products. This section 

15 shall apply equally to actions of a manufacturer taken be16 fore or after the filing of a petition in bankruptcy.’’ 

17 (b) CONFORMING AMENDMENT.—The chapter analysis 

18 of chapter 301 of title 49, United States Code, is amended 

19 by inserting after the item relating to section 30120 the fol20 lowing: 

‘‘30120a. Recall obligations and bankruptcy of a manufacturer.’’. 

21 SEC. 31314. REPEAL OF INSURANCE REPORTS AND INFOR22 MATION PROVISION. 

23 Chapter 331 of title 49, United States Code, is amend24 ed— 
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1 (1) in the chapter analysis, by striking the item 

2 relating to section 33112; and 

3 (2) by striking section 33112. 

4 SEC. 31315. MONRONEY STICKER TO PERMIT ADDITIONAL 

5 SAFETY RATING CATEGORIES. 

6 Section 3(g)(2) of the Automobile Information Disclo7 sure Act (15 U.S.C. 1232(g)(2)), is amended by inserting 

8 ‘‘safety rating categories that may include’’ after ‘‘refers 

9 to’’. 

10 Subtitle D—Vehicle Electronics and 

11 Safety Standards 

12 SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS13 TRATION ELECTRONICS, SOFTWARE, AND EN14 GINEERING EXPERTISE. 

15 (a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE

16 SOFTWARE, AND EMERGING TECHNOLOGIES.— 

17 (1) IN GENERAL.—The Secretary shall establish, 

18 within the National Highway Traffic Safety Admin19 istration, a Council for Vehicle Electronics, Vehicle 

20 Software, and Emerging Technologies (referred to in 

21 this section as the ‘‘Council’’) to build, integrate, and 

22 aggregate the Administration’s expertise in passenger 

23 motor vehicle electronics and other new and emerging 

24 technologies. 
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1 (2) IMPLEMENTATION OF ROADMAP.—The Coun2 cil shall research the inclusion of emerging light3 weight plastic and composite technologies in motor ve4 hicles to increase fuel efficiency, lower emissions, meet 

5 fuel economy standards, and enhance passenger motor 

6 vehicle safety through continued utilization of the Ad7 ministration’s Plastic and Composite Intensive Vehi8 cle Safety Roadmap (Report No. DOT HS 810 863). 

9 (3) INTRA-AGENCY COORDINATION.—The Council 

10 shall coordinate with all components of the Adminis11 tration responsible for vehicle safety, including re12 search and development, rulemaking, and defects in13 vestigation. 

14 (b) HONORS RECRUITMENT PROGRAM.— 

15 (1) ESTABLISHMENT.—The Secretary shall estab16 lish, within the National Highway Traffic Safety Ad17 ministration, an honors program for engineering stu18 dents, computer science students, and other students 

19 interested in vehicle safety that will enable such stu20 dents to train with engineers and other safety officials 

21 for a career in vehicle safety. 

22 (2) STIPEND.—The Secretary is authorized to 

23 provide a stipend to students during their participa24 tion in the program established pursuant to para25 graph (1). 
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1 (c) ASSESSMENT.—The Council, in consultation with 

2 affected stakeholders, shall assess the implications of emerg3 ing safety technologies in passenger motor vehicles, includ4 ing the effect of such technologies on consumers, product 

5 availability, and cost. 

6 SEC. 31402. VEHICLE STOPPING DISTANCE AND BRAKE 

7 OVERRIDE STANDARD. 

8 Not later than 1 year after the date of enactment of 

9 this Act, the Secretary shall prescribe a Federal motor vehi10 cle safety standard that— 

11 (1) mitigates unintended acceleration in pas12 senger motor vehicles; 

13 (2) establishes performance requirements, based 

14 on the speed, size, and weight of the vehicle, that en15 able a driver to bring a passenger motor vehicle safely 

16 to a full stop by normal braking application even if 

17 the vehicle is simultaneously receiving accelerator 

18 input signals, including a full-throttle input signal; 

19 (3) may permit compliance through a system 

20 that requires brake pedal application, after a period 

21 of time determined by the Secretary, to override an 

22 accelerator pedal input signal in order to stop the ve23 hicle; 

24 (4) requires that redundant circuits or other 

25 mechanisms be built into accelerator control systems, 
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1 including systems controlled by electronic throttle, to 

2 maintain vehicle control in the event of failure of the 

3 primary circuit or mechanism; and 

4 (5) may permit vehicles to incorporate a means 

5 to temporarily disengage the function required under 

6 paragraph (2) to facilitate operations, such as ma7 neuvering trailers or climbing steep hills, which may 

8 require the simultaneous operation of brake and accel9 erator. 

10 SEC. 31403. PEDAL PLACEMENT STANDARD. 

11 (a) IN GENERAL.—The Secretary shall initiate a rule12 making proceeding to consider a Federal motor vehicle safe13 ty standard that would mitigate potential obstruction of 

14 pedal movement in passenger motor vehicles, after taking 

15 into account— 

16 (1) various pedal mounting configurations; and 

17 (2) minimum clearances for passenger motor ve18 hicle foot pedals with respect to other pedals, the vehi19 cle floor (including aftermarket floor coverings), and 

20 any other potential obstructions to pedal movement 

21 that the Secretary determines to be relevant. 

22 (b) DEADLINE.— 

23 (1) IN GENERAL.—Except as provided under 

24 paragraph (2), the Secretary shall issue a final rule 

25 to implement the safety standard described in sub-
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1 section (a) not later than 3 years after the date of the 

2 enactment of this Act. 

3 (2) REPORT.—If the Secretary determines that a 

4 pedal placement standard does not meet the require5 ments and considerations set forth in subsections (a) 

6 and (b) of section 30111 of title 49, United States 

7 Code, the Secretary shall submit a report describing 

8 the reasons for not prescribing such standard to— 

9 (A) the Committee on Commerce, Science, 

10 and Transportation of the Senate; and 

11 (B) the Committee on Energy and Com12 merce of the House of Representatives. 

13 (c) COMBINED RULEMAKING.—The Secretary may 

14 combine the rulemaking proceeding required under sub15 section (a) with the rulemaking proceeding required under 

16 section 31402. 

17 SEC. 31404. ELECTRONIC SYSTEMS PERFORMANCE STAND18 ARD. 

19 (a) IN GENERAL.—Not later than 2 years after the 

20 date of enactment of this Act, the Secretary shall initiate 

21 a rulemaking proceeding to consider prescribing or amend22 ing a Federal motor vehicle safety standard that— 

23 (1) requires electronic systems in passenger 

24 motor vehicles to meet minimum performance require25 ments; and 
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1 (2) may include requirements for— 

2 (A) electronic components; 

3 (B) the interaction of electronic components; 

4 (C) security needs for those electronic sys5 tems to prevent unauthorized access; or 

6 (D) the effect of surrounding environments 

7 on those electronic systems. 

8 (b) DEADLINE.— 

9 (1) IN GENERAL.—Except as provided under 

10 paragraph (2), the Secretary shall issue a final rule 

11 to implement the safety standard described in sub12 section (a) not later than 4 years after the date of en13 actment of this Act. 

14 (2) REPORT.—If the Secretary determines that 

15 such a standard does not meet the requirements and 

16 considerations set forth in subsections (a) and (b) of 

17 section 30111 of title 49, United States Code, the Sec18 retary shall submit a report describing the reasons for 

19 not prescribing such standard to— 

20 (A) the Committee on Commerce, Science, 

21 and Transportation of the Senate; and 

22 (B) the Committee on Energy and Com23 merce of the House of Representatives. 

24 (c) NATIONAL ACADEMY OF SCIENCES.—In conducting 

25 the rulemaking under subsection (a), the Secretary shall 
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1 consider the findings and recommendations of the National 

2 Academy of Sciences, if any, pursuant to its study of elec3 tronic vehicle controls. 

4 SEC. 31405. PUSHBUTTON IGNITION SYSTEMS STANDARD. 

5 (a) PUSHBUTTON IGNITION STANDARD.— 

6 (1) IN GENERAL.—The Secretary shall initiate a 

7 rulemaking proceeding to consider a Federal motor 

8 vehicle safety standard for passenger motor vehicles 

9 with pushbutton ignition systems that establishes a 

10 standardized operation of such systems when used by 

11 drivers, including drivers who may be unfamiliar 

12 with such systems, in an emergency situation when 

13 the vehicle is in motion. 

14 (2) OTHER IGNITION SYSTEMS.—In the rule15 making proceeding initiated under paragraph (1), the 

16 Secretary may include any other ignition-starting 

17 mechanism that the Secretary determines should be 

18 considered. 

19 (b) PUSHBUTTON IGNITION SYSTEM DEFINED.—The 

20 term ‘‘pushbutton ignition system’’ means a mechanism, 

21 such as the push of a button, for starting a passenger motor 

22 vehicle that does not involve the physical insertion and 

23 turning of a tangible key. 

24 (c) DEADLINE.— 
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1 (1) IN GENERAL.—Except as provided under 

2 paragraph (2), the Secretary shall issue a final rule 

3 to implement the standard described in subsection (a) 

4 not later than 2 years after the date of the enactment 

5 of this Act. 

6 (2) REPORT.—If the Secretary determines that a 

7 standard does not meet the requirements and consid8 erations set forth in subsections (a) and (b) of section 

9 30111 of title 49, United States Code, the Secretary 

10 shall submit a report describing the reasons for not 

11 prescribing such standard to— 

12 (A) the Committee on Commerce, Science, 

13 and Transportation of the Senate; and 

14 (B) the Committee on Energy and Com15 merce of the House of Representatives. 

16 SEC. 31406. VEHICLE EVENT DATA RECORDERS. 

17 (a) MANDATORY EVENT DATA RECORDERS.— 

18 (1) IN GENERAL.—Not later than 180 days after 

19 the date of enactment of this Act, the Secretary shall 

20 revise part 563 of title 49, Code of Federal Regula21 tions, to require, beginning with model year 2015, 

22 that new passenger motor vehicles sold in the United 

23 States be equipped with an event data recorder that 

24 meets the requirements under that part. 
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1 (2) PENALTY.—The violation of any provision 

2 under part 563 of title 49, Code of Federal Regula3 tions— 

4 (A) shall be deemed to be a violation of sec5 tion 30112 of title 49, United States Code; 

6 (B) shall be subject to civil penalties under 

7 section 30165(a) of that title; and 

8 (C) shall not subject a manufacturer (as de9 fined in section 30102(a)(5) of that title) to the 

10 requirements under section 30120 of that title. 

11 (b) LIMITATIONS ON INFORMATION RETRIEVAL.— 

12 (1) OWNERSHIP OF DATA.—Any data in an 

13 event data recorder required under part 563 of title 

14 49, Code of Federal Regulations, regardless of when 

15 the passenger motor vehicle in which it is installed 

16 was manufactured, is the property of the owner, or in 

17 the case of a leased vehicle, the lessee of the passenger 

18 motor vehicle in which the data recorder is installed. 

19 (2) PRIVACY.—Data recorded or transmitted by 

20 such a data recorder may not be retrieved by a person 

21 other than the owner or lessee of the motor vehicle in 

22 which the recorder is installed unless— 

23 (A) a court authorizes retrieval of the infor24 mation in furtherance of a legal proceeding; 
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1 (B) the owner or lessee consents to the re2 trieval of the information for any purpose, in3 cluding the purpose of diagnosing, servicing, or 

4 repairing the motor vehicle; 

5 (C) the information is retrieved pursuant to 

6 an investigation or inspection authorized under 

7 section 1131(a) or 30166 of title 49, United 

8 States Code, and the personally identifiable in9 formation of the owner, lessee, or driver of the ve10 hicle and the vehicle identification number is not 

11 disclosed in connection with the retrieved infor12 mation; or 

13 (D) the information is retrieved for the pur14 pose of determining the need for, or facilitating, 

15 emergency medical response in response to a 

16 motor vehicle crash. 

17 (c) REPORT TO CONGRESS.—Two years after the date 

18 of implementation of subsection (a), the Secretary shall 

19 study the safety impact and the impact on individual pri20 vacy of event data recorders in passenger motor vehicles and 

21 report its findings to the Committee on Commerce, Science, 

22 and Transportation of the Senate and the Committee on 

23 Energy and Commerce of the House of Representatives. The 

24 report shall include— 
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1 (1) the safety benefits gained from installation of 

2 event data recorders; 

3 (2) the recommendations on what, if any, addi4 tional data the event data recorder should be modified 

5 to record; 

6 (3) the additional safety benefit such information 

7 would yield; 

8 (4) the estimated cost to manufacturers to imple9 ment the new enhancements; 

10 (5) an analysis of how the information proposed 

11 to be recorded by an event data recorder conforms to 

12 applicable legal, regulatory, and policy requirements 

13 regarding privacy; 

14 (6) a determination of the risks and effects of col15 lecting and maintaining the information proposed to 

16 be recorded by an event data recorder; 

17 (7) an examination and evaluation of the protec18 tions and alternative processes for handling informa19 tion recorded by an event data recorder to mitigate 

20 potential privacy risks. 

21 (d) REVISED REQUIREMENTS FOR EVENT DATA RE22 CORDERS.—Based on the findings of the study under sub23 section (c), the Secretary shall initiate a rulemaking pro24 ceeding to revise part 563 of title 49, Code of Federal Regu25 lations. The rule— 
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1 (1) shall require event data recorders to capture 

2 and store data related to motor vehicle safety covering 

3 a reasonable time period before, during, and after a 

4 motor vehicle crash or airbag deployment, including 

5 a rollover; 

6 (2) shall require that data stored on such event 

7 data recorders be accessible, regardless of vehicle man8 ufacturer or model, with commercially available 

9 equipment in a specified data format; 

10 (3) shall establish requirements for preventing 

11 unauthorized access to the data stored on an event 

12 data recorder in order to protect the security, integ13 rity, and authenticity of the data; and 

14 (4) may require an interoperable data access 

15 port to facilitate universal accessibility and analysis. 

16 (e) DISCLOSURE OF EXISTENCE AND PURPOSE OF

17 EVENT DATA RECORDER.—The rule issued under sub18 section (d) shall require that any owner’s manual or simi19 lar documentation provided to the first purchaser of a pas20 senger motor vehicle for purposes other than resale— 

21 (1) disclose that the vehicle is equipped with such 

22 a data recorder; and 

23 (2) explain the purpose of the data recorder. 

24 (f) ACCESS TO EVENT DATA RECORDERS IN AGENCY

25 INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 
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1 United States Code, is amended by inserting ‘‘, including 

2 any electronic data contained within the vehicle’s diag3 nostic system or event data recorder’’ after ‘‘equipment.’’ 

4 (g) DEADLINE FOR RULEMAKING.—The Secretary 

5 shall issue a final rule under subsection (d) not later than 

6 4 years after the date of enactment of this Act. 

7 SEC. 31407. PROHIBITION ON ELECTRONIC VISUAL ENTER8 TAINMENT IN DRIVER’S VIEW. 

9 (a) VISUAL ENTERTAINMENT SCREENS IN DRIVER’S

10 VIEW.—Not later than 2 years after the date of enactment 

11 of this Act, the Secretary of Transportation shall issue a 

12 final rule that prescribes a Federal motor vehicle safety 

13 standard prohibiting electronic screens from displaying 

14 broadcast television, movies, video games, and other forms 

15 of similar visual entertainment that is visible to the driver 

16 while driving. 

17 (b) EXCEPTIONS.—The standard prescribed under sub18 section (a) shall allow electronic screens that display infor19 mation or images regarding operation of the vehicle, vehicle 

20 surroundings, and telematic functions, such as the vehicles 

21 navigation and communications system, weather, time, or 

22 the vehicle’s audio system. 
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1 SEC. 31408. COMMERCIAL MOTOR VEHICLE ROLLOVER PRE2 VENTION AND CRASH MITIGATION. 

3 (a) RULEMAKING.—Not later than 3 months after the 

4 date of enactment of this Act, the Secretary of Transpor5 tation shall initiate a rulemaking proceeding pursuant to 

6 section 30111 of title 49, United States Code, to prescribe 

7 or amend a Federal motor vehicle safety standard to reduce 

8 commercial motor vehicle rollover and loss of control crashes 

9 and mitigate deaths and injuries associated with such 

10 crashes for air-braked truck tractors and motorcoaches with 

11 a gross vehicle weight rating of more than 26,000 pounds. 

12 (b) REQUIRED PERFORMANCE STANDARDS.—The rule13 making proceeding initiated under subsection (a) shall es14 tablish standards to reduce the occurrence of rollovers and 

15 loss of control crashes consistent with stability enhancing 

16 technologies, such as electronic stability control systems. 

17 (c) DEADLINE.—Not later than 18 months after the 

18 date of enactment of this Act, the Secretary shall issue a 

19 final rule under subsection (a). 

20 Subtitle E—Child Safety Standards 

21 SEC. 31501. CHILD SAFETY SEATS. 

22 (a) PROTECTION FOR LARGER CHILDREN.—Not later 

23 than 1 year after the date of enactment of this Act, the Sec24 retary shall issue a final rule amending Federal Motor Ve25 hicle Safety Standard Number 213 to establish frontal crash 
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1 protection requirements for child restraint systems for chil2 dren weighing more than 65 pounds. 

3 (b) SIDE IMPACT CRASHES.—Not later than 2 years 

4 after the date of enactment of this Act, the Secretary shall 

5 issue a final rule amending Federal Motor Vehicle Safety 

6 Standard Number 213 to improve the protection of children 

7 seated in child restraint systems during side impact crash8 es. 

9 (c) FRONTAL IMPACT TEST PARAMETERS.— 

10 (1) COMMENCEMENT.—Not later than 2 years 

11 after the date of enactment of this Act, the Secretary 

12 shall commence a rulemaking proceeding to amend 

13 test parameters under Federal Motor Vehicle Safety 

14 Standard Number 213 to better replicate real world 

15 conditions. 

16 (2) FINAL RULE.—Not later than 4 years after 

17 the date of enactment of this Act, the Secretary shall 

18 issue a final rule pursuant to paragraph (1). 

19 SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS. 

20 (a) INITIATION OF RULEMAKING PROCEEDING.—Not 

21 later than 1 year after the date of enactment of this Act, 

22 the Secretary shall initiate a rulemaking proceeding to— 

23 (1) amend Federal Motor Vehicle Safety Stand24 ard Number 225 (relating to child restraint anchor25 age systems) to improve the visibility of, accessibility 
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1 to, and ease of use for lower anchorages and tethers 

2 in all rear seat seating positions if such anchorages 

3 and tethers are feasible; and 

4 (2) amend Federal Motor Vehicle Safety Stand5 ard Number 213 (relating to child restraint systems) 

6 or Federal Motor Vehicle Safety Standard Number 

7 225 (relating to child restraint anchorage systems)— 

8 (A) to establish a maximum allowable 

9 weight of the child and child restraint for stand10 ardizing the recommended use of child restraint 

11 anchorage systems in all vehicles; and 

12 (B) to provide the information described in 

13 subparagraph (A) to the consumer. 

14 (b) FINAL RULE.— 

15 (1) IN GENERAL.—Except as provided under 

16 paragraph (2), the Secretary shall issue a final rule 

17 under subsection (a) not later than 3 years after the 

18 date of the enactment of this Act. 

19 (2) REPORT.—If the Secretary determines that 

20 an amendment to the standard referred to in sub21 section (a) does not meet the requirements and consid22 erations set forth in subsections (a) and (b) of section 

23 30111 of title 49, United States Code, the Secretary 

24 shall submit a report describing the reasons for not 

25 prescribing such a standard to— 
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1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; and 

3 (B) the Committee on Energy and Com4 merce of the House of Representatives. 

5 SEC. 31503. REAR SEAT BELT REMINDERS. 

6 (a) INITIATION OF RULEMAKING PROCEEDING.—Not 

7 later than 2 years after the date of enactment of this Act, 

8 the Secretary shall initiate a rulemaking proceeding to 

9 amend Federal Motor Vehicle Safety Standard Number 208 

10 (relating to occupant crash protection) to provide a safety 

11 belt use warning system for designated seating positions in 

12 the rear seat. 

13 (b) FINAL RULE.— 

14 (1) IN GENERAL.—Except as provided under 

15 paragraph (2), the Secretary shall issue a final rule 

16 under subsection (a) not later than 3 years after the 

17 date of enactment of this Act. 

18 (2) REPORT.—If the Secretary determines that 

19 an amendment to the standard referred to in sub20 section (a) does not meet the requirements and consid21 erations set forth in subsections (a) and (b) of section 

22 30111 of title 49, United States Code, the Secretary 

23 shall submit a report describing the reasons for not 

24 prescribing such a standard to— 
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1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; and 

3 (B) the Committee on Energy and Com4 merce of the House of Representatives. 

5 SEC. 31504. UNATTENDED PASSENGER REMINDERS. 

6 (a) SAFETY RESEARCH INITIATIVE.—Not later than 2 

7 years after the date of enactment of this Act, the Secretary 

8 shall complete research into the development of performance 

9 requirements to warn drivers that a child or other unat10 tended passenger remains in a rear seating position after 

11 the vehicle motor is disengaged. 

12 (b) SPECIFICATIONS.—In carrying out subsection (a), 

13 the Secretary shall consider performance requirements 

14 that— 

15 (1) sense weight, the presence of a buckled seat 

16 belt, or other indications of the presence of a child or 

17 other passenger; and 

18 (2) provide an alert to prevent hyperthermia and 

19 hypothermia that can result in death or severe inju20 ries. 

21 (c) RULEMAKING OR REPORT.— 

22 (1) RULEMAKING.—Not later than 1 year after 

23 the completion of each research and testing initiative 

24 required under subsection (a), the Secretary shall ini25 tiate a rulemaking proceeding to issue a Federal 
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1 motor vehicle safety standard if the Secretary deter2 mines that such a standard meets the requirements 

3 and considerations set forth in subsections (a) and (b) 

4 of section 30111 of title 49, United States Code. 

5 (2) REPORT.—If the Secretary determines that 

6 the standard described in subsection (a) does not meet 

7 the requirements and considerations set forth in sub8 sections (a) and (b) of section 30111 of title 49, 

9 United States Code, the Secretary shall submit a re10 port describing the reasons for not prescribing such a 

11 standard to— 

12 (A) the Committee on Commerce, Science, 

13 and Transportation of the Senate; and 

14 (B) the Committee on Energy and Com15 merce of the House of Representatives. 

16 SEC. 31505. NEW DEADLINE. 

17 If the Secretary determines that any deadline for 

18 issuing a final rule under this Act cannot be met, the Sec19 retary shall— 

20 (1) provide the Committee on Commerce, 

21 Science, and Transportation of the Senate and the 

22 Committee on Energy and Commerce of the House of 

23 Representatives with an explanation for why such 

24 deadline cannot be met; and 

25 (2) establish a new deadline for that rule. 
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1 Subtitle F—Improved Daytime and 

2 Nighttime Visibility of Agricul3 tural Equipment 

4 SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICULTURAL 

5 EQUIPMENT. 

6 (a) DEFINITIONS.—In this section: 

7 (1) AGRICULTURAL EQUIPMENT.—The term ‘‘ag8 ricultural equipment’’ has the meaning given the term 

9 ‘‘agricultural field equipment’’ in ASABE Standard 

10 390.4, entitled ‘‘Definitions and Classifications of Ag11 ricultural Field Equipment’’, which was published in 

12 January 2005 by the American Society of Agriculture 

13 and Biological Engineers, or any successor standard. 

14 (2) PUBLIC ROAD.—The term ‘‘public road’’ has 

15 the meaning given the term in section 101(a)(27) of 

16 title 23, United States Code. 

17 (b) RULEMAKING.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of this Act, the Secretary of 

20 Transportation, after consultation with representa21 tives of the American Society of Agricultural and Bi22 ological Engineers and appropriate Federal agencies, 

23 and with other appropriate persons, shall promulgate 

24 a rule to improve the daytime and nighttime visi-
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1 bility of agricultural equipment that may be operated 

2 on a public road. 

3 (2) MINIMUM STANDARDS.—The rule promul4 gated pursuant to this subsection shall— 

5 (A) establish minimum lighting and mark6 ing standards for applicable agricultural equip7 ment manufactured at least 1 year after the date 

8 on which such rule is promulgated; and 

9 (B) provide for the methods, materials, spec10 ifications, and equipment to be employed to com11 ply with such standards, which shall be equiva12 lent to ASABE Standard 279.14, entitled 

13 ‘‘Lighting and Marking of Agricultural Equip14 ment on Highways’’, which was published in 

15 July 2008 by the American Society of Agricul16 tural and Biological Engineers, or any successor 

17 standard. 

18 (c) REVIEW.—Not less frequently than once every 5 

19 years, the Secretary of Transportation shall— 

20 (1) review the standards established pursuant to 

21 subsection (b); and 

22 (2) revise such standards to reflect the revision 

23 of ASABE Standard 279 that is in effect at the time 

24 of such review. 

25 (d) LIMITATIONS.— 
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1 (1) COMPLIANCE WITH SUCCESSOR STAND2 ARDS.—Any rule promulgated pursuant to this sec3 tion may not prohibit the operation on public roads 

4 of agricultural equipment that is equipped in accord5 ance with any adopted revision of ASABE Standard 

6 279 that is later than the revision of such standard 

7 that was referenced during the promulgation of the 

8 rule. 

9 (2) NO RETROFITTING REQUIRED.—Any rule 

10 promulgated pursuant to this section may not require 

11 the retrofitting of agricultural equipment that was 

12 manufactured before the date on which the lighting 

13 and marking standards are enforceable under sub14 section (b)(2)(A). 

15 (3) NO EFFECT ON ADDITIONAL MATERIALS AND

16 EQUIPMENT.—Any rule promulgated pursuant to this 

17 section may not prohibit the operation on public 

18 roads of agricultural equipment that is equipped with 

19 materials or equipment that are in addition to the 

20 minimum materials and equipment specified in the 

21 standard upon which such rule is based. 
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1 TITLE II—COMMERCIAL MOTOR 

2 VEHICLE SAFETY ENHANCE3 MENT ACT OF 2012 

4 SEC. 32001. SHORT TITLE. 

5 This title may be cited as the ‘‘Commercial Motor Ve6 hicle Safety Enhancement Act of 2012’’. 

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

8 CODE. 

9 Except as otherwise expressly provided, whenever in 

10 this title an amendment or repeal is expressed in terms of 

11 an amendment to, or a repeal of, a section or other provi12 sion, the reference shall be considered to be made to a section 

13 or other provision of title 49, United States Code. 

14 Subtitle A—Commercial Motor 

15 Vehicle Registration 

16 SEC. 32101. REGISTRATION OF MOTOR CARRIERS. 

17 (a) REGISTRATION REQUIREMENTS.—Section 

18 13902(a)(1) is amended to read as follows: 

19 ‘‘(1) IN GENERAL.—Except as otherwise provided 

20 in this section, the Secretary of Transportation may 

21 not register a person to provide transportation subject 

22 to jurisdiction under subchapter I of chapter 135 as 

23 a motor carrier unless the Secretary determines that 

24 the person— 

25 ‘‘(A) is willing and able to comply with— 
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1 ‘‘(i) this part and the applicable regu2 lations of the Secretary and the Board; 

3 ‘‘(ii) any safety regulations imposed by 

4 the Secretary; 

5 ‘‘(iii) the duties of employers and em6 ployees established by the Secretary under 

7 section 31135; 

8 ‘‘(iv) the safety fitness requirements es9 tablished by the Secretary under section 

10 31144; 

11 ‘‘(v) the accessibility requirements es12 tablished by the Secretary under subpart H 

13 of part 37 of title 49, Code of Federal Regu14 lations (or successor regulations), for trans15 portation provided by an over-the-road bus; 

16 and 

17 ‘‘(vi) the minimum financial responsi18 bility requirements established by the Sec19 retary under sections 13906, 31138, and 

20 31139; 

21 ‘‘(B) has submitted a comprehensive man22 agement plan documenting that the person has 

23 management systems in place to ensure compli24 ance with safety regulations imposed by the Sec25 retary; 
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1 ‘‘(C) has disclosed any relationship involv2 ing common ownership, common management, 

3 common control, or common familial relation4 ship between that person and any other motor 

5 carrier, freight forwarder, or broker, or any other 

6 applicant for motor carrier, freight forwarder, or 

7 broker registration, or a successor (as that term 

8 is defined under section 31153), if the relation9 ship occurred in the 5-year period preceding the 

10 date of the filing of the application for registra11 tion; and 

12 ‘‘(D) after the Secretary establishes a writ13 ten proficiency examination pursuant to section 

14 32101(b) of the Commercial Motor Vehicle Safety 

15 Enhancement Act of 2012, has passed the written 

16 proficiency examination.’’. 

17 (b) WRITTEN PROFICIENCY EXAMINATION.— 

18 (1) ESTABLISHMENT.—Not later than 18 months 

19 after the date of enactment of this Act, the Secretary 

20 shall establish a written proficiency examination for 

21 applicant motor carriers pursuant to section 

22 13902(a)(1)(D) of title 49, United States Code. The 

23 written proficiency examination shall test a person’s 

24 knowledge of applicable safety regulations, standards, 
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1 and orders of the Federal government and State gov2 ernment. 

3 (2) ADDITIONAL FEE.—The Secretary may assess 

4 a fee to cover the expenses incurred by the Depart5 ment of Transportation in— 

6 (A) developing and administering the writ7 ten proficiency examination; and 

8 (B) reviewing the comprehensive manage9 ment plan required under section 13902(a)(1)(B) 

10 of title 49, United States Code. 

11 (c) CONFORMING AMENDMENT.—Section 210(b) of the 

12 Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 

13 31144 note) is amended— 

14 (1) by inserting ‘‘, commercial regulations, and 

15 provisions of subpart H of part 37 of title 49, Code 

16 of Federal Regulations, or successor regulations’’ after 

17 ‘‘applicable safety regulations’’; and 

18 (2) by striking ‘‘consider the establishment of’’ 

19 and inserting ‘‘establish’’. 

20 (d) TRANSPORTATION OF AGRICULTURAL COMMOD21 ITIES AND FARM SUPPLIES.—Section 229(a)(1) of the 

22 Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 

23 31136 note) is amended to read as follows: 

24 ‘‘(1) TRANSPORTATION OF AGRICULTURAL COM25 MODITIES AND FARM SUPPLIES.—Regulations pre-
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1 scribed by the Secretary under sections 31136 and 

2 31502 regarding maximum driving and on-duty time 

3 for drivers used by motor carriers shall not apply 

4 during planting and harvest periods, as determined 

5 by each State, to— 

6 ‘‘(A) drivers transporting agricultural com7 modities in the State from the source of the agri8 cultural commodities to a location within a 100 

9 air-mile radius from the source; 

10 ‘‘(B) drivers transporting farm supplies for 

11 agricultural purposes in the State from a whole12 sale or retail distribution point of the farm sup13 plies to a farm or other location where the farm 

14 supplies are intended to be used within a 100 

15 air-mile radius from the distribution point; or 

16 ‘‘(C) drivers transporting farm supplies for 

17 agricultural purposes in the State from a whole18 sale distribution point of the farm supplies to a 

19 retail distribution point of the farm supplies 

20 within a 100 air-mile radius from the wholesale 

21 distribution point.’’. 

22 SEC. 32102. SAFETY FITNESS OF NEW OPERATORS. 

23 (a) SAFETY REVIEWS OF NEW OPERATORS.—Section 

24 31144(g)(1) is amended to read as follows: 

25 ‘‘(1) SAFETY REVIEW.— 
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1 ‘‘(A) IN GENERAL.—The Secretary shall re2 quire, by regulation, each owner and each oper3 ator granted new registration under section 

4 13902 or 31134 to undergo a safety review not 

5 later than 12 months after the owner or operator, 

6 as the case may be, begins operations under such 

7 registration. 

8 ‘‘(B) PROVIDERS OF MOTORCOACH SERV9 ICES.—The Secretary may register a person to 

10 provide motorcoach services under section 13902 

11 or 31134 after the person undergoes a pre-au12 thorization safety audit, including verification, 

13 in a manner sufficient to demonstrate the ability 

14 to comply with Federal rules and regulations, as 

15 described in section 13902. The Secretary shall 

16 continue to monitor the safety performance of 

17 each owner and each operator subject to this sec18 tion for 12 months after the owner or operator 

19 is granted registration under section 13902 or 

20 31134. The registration of each owner and each 

21 operator subject to this section shall become per22 manent after the motorcoach service provider is 

23 granted registration following a pre-authoriza24 tion safety audit and the expiration of the 12 

25 month monitoring period. 
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1 ‘‘(C) PRE-AUTHORIZATION SAFETY

2 AUDIT.—The Secretary may require, by regula3 tion, that the pre-authorization safety audit 

4 under subparagraph (B) be completed on-site not 

5 later than 90 days after the submission of an ap6 plication for operating authority.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) shall take effect 1 year after the date of enact9 ment of this Act. 

10 SEC. 32103. REINCARNATED CARRIERS. 

11 (a) EFFECTIVE PERIODS OF REGISTRATION.— 

12 (1) SUSPENSIONS, AMENDMENTS, AND REVOCA13 TIONS.—Section 13905(d) is amended— 

14 (A) by redesignating paragraph (2) as 

15 paragraph (4); 

16 (B) by striking paragraph (1) and inserting 

17 the following: 

18 ‘‘(1) APPLICATIONS.—On application of the reg19 istrant, the Secretary may amend or revoke a reg20 istration. 

21 ‘‘(2) COMPLAINTS AND ACTIONS ON SECRETARY’S

22 OWN INITIATIVE.—On complaint or on the Secretary’s 

23 own initiative and after notice and an opportunity 

24 for a proceeding, the Secretary may— 
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1 ‘‘(A) suspend, amend, or revoke any part of 

2 the registration of a motor carrier, broker, or 

3 freight forwarder for willful failure to comply 

4 with— 

5 ‘‘(i) this part; 

6 ‘‘(ii) an applicable regulation or order 

7 of the Secretary or the Board, including the 

8 accessibility requirements established by the 

9 Secretary under subpart H of part 37 of 

10 title 49, Code of Federal Regulations (or 

11 successor regulations), for transportation 

12 provided by an over-the-road bus; or 

13 ‘‘(iii) a condition of its registration; 

14 ‘‘(B) withhold, suspend, amend, or revoke 

15 any part of the registration of a motor carrier, 

16 broker, or freight forwarder for failure— 

17 ‘‘(i) to pay a civil penalty imposed 

18 under chapter 5, 51, 149, or 311; 

19 ‘‘(ii) to arrange and abide by an ac20 ceptable payment plan for such civil pen21 alty, not later than 90 days after the date 

22 specified by order of the Secretary for the 

23 payment of such penalty; or 

24 ‘‘(iii) for failure to obey a subpoena 

25 issued by the Secretary; 
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1 ‘‘(C) withhold, suspend, amend, or revoke 

2 any part of a registration of a motor carrier, 

3 broker, or freight forwarder following a deter4 mination by the Secretary that the motor car5 rier, broker, or freight forwarder failed to dis6 close, in its application for registration, a mate7 rial fact relevant to its willingness and ability to 

8 comply with— 

9 ‘‘(i) this part; 

10 ‘‘(ii) an applicable regulation or order 

11 of the Secretary or the Board; or 

12 ‘‘(iii) a condition of its registration; or 

13 ‘‘(D) withhold, suspend, amend, or revoke 

14 any part of a registration of a motor carrier, 

15 broker, or freight forwarder if the Secretary finds 

16 that— 

17 ‘‘(i) the motor carrier, broker, or 

18 freight forwarder is or was related through 

19 common ownership, common management, 

20 common control, or common familial rela21 tionship to any other motor carrier, broker, 

22 or freight forwarder, or any other applicant 

23 for motor carrier, broker, or freight for24 warder registration that the Secretary de25 termines is or was unwilling or unable to 
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1 comply with the relevant requirements listed 

2 in section 13902, 13903, or 13904; or 

3 ‘‘(ii) the person is the successor, as de4 fined in section 31153, to a person who is 

5 or was unwilling or unable to comply with 

6 the relevant requirements of section 13902, 

7 13903, or 13904. 

8 ‘‘(3) LIMITATION.—Paragraph (2)(B) shall not 

9 apply to a person who is unable to pay a civil pen10 alty because the person is a debtor in a case under 

11 chapter 11 of title 11.’’; and 

12 (C) in paragraph (4), as redesignated by 

13 section 32103(a)(1)(A) of this Act, by striking 

14 ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 

15 (2)(B)’’. 

16 (2) PROCEDURE.—Section 13905(e) is amended 

17 by inserting ‘‘or if the Secretary determines that the 

18 registrant failed to disclose a material fact in an ap19 plication for registration in accordance with sub20 section (d)(2)(C),’’ after ‘‘registrant,’’. 

21 (b) INFORMATION SYSTEMS.—Section 31106(a)(3) is 

22 amended— 

23 (1) in subparagraph (F), by striking ‘‘and’’ at 

24 the end; 
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1 (2) in subparagraph (G), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(H) determine whether a person or em5 ployer is or was related, through common owner6 ship, common management, common control, or 

7 common familial relationship, to any other per8 son, employer, or any other applicant for reg9 istration under section 13902 or 31134.’’. 

10 SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS. 

11 (a) REPORT.—Not later than 6 months after the date 

12 of enactment of this Act, the Secretary shall— 

13 (1) issue a report on the appropriateness of— 

14 (A) the current minimum financial respon15 sibility requirements under sections 31138 and 

16 31139 of title 49, United States Code; and 

17 (B) the current bond and insurance require18 ments under section 13904(f) of title 49, United 

19 States Code; and 

20 (2) submit the report issued under paragraph (1) 

21 to the Committee on Commerce, Science, and Trans22 portation of the Senate and the Committee on Trans23 portation and Infrastructure of the House of Rep24 resentatives. 
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1 (b) RULEMAKING.—Not later than 6 months after the 

2 publication of the report under subsection (a), the Secretary 

3 shall initiate a rulemaking— 

4 (1) to revise the minimum financial responsi5 bility requirements under sections 31138 and 31139 

6 of title 49, United States Code and 

7 (2) to revise the bond and insurance require8 ments under section 13904(f) of such title, as appro9 priate, based on the findings of the report submitted 

10 under subsection (a). 

11 (c) DEADLINE.—Not later than 1 year after the start 

12 of the rulemaking under subsection (b), the Secretary 

13 shall— 

14 (1) issue a final rule; or 

15 (2) if the Secretary determines that a rule16 making is not required following the Secretary’s anal17 ysis, submit a report stating the reason for not in18 creasing the minimum financial responsibility re19 quirements to the Committee on Commerce, Science, 

20 and Transportation of the Senate and the Committee 

21 on Transportation and Infrastructure of the House of 

22 Representatives. 

23 (d) BIENNIAL REVIEWS.—Not less than once every 2 

24 years, the Secretary shall review the requirements pre-
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1 scribed under subsection (b) and revise the requirements, 

2 as appropriate. 

3 SEC. 32105. USDOT NUMBER REGISTRATION REQUIREMENT. 

4 (a) IN GENERAL.—Chapter 311 is amended by insert5 ing after section 31133 the following: 

6 ‘‘§ 31134. Requirement for registration and USDOT 

7 number 

8 ‘‘(a) IN GENERAL.—Upon application, and subject to 

9 subsections (b) and (c), the Secretary shall register an em10 ployer or person subject to the safety jurisdiction of this 

11 subchapter. An employer or person may operate a commer12 cial motor vehicle in interstate commerce only if the em13 ployer or person is registered by the Secretary under this 

14 section and receives a USDOT number. Nothing in this sec15 tion shall preclude registration by the Secretary of an em16 ployer or person not engaged in interstate commerce. An 

17 employer or person subject to jurisdiction under subchapter 

18 I of chapter 135 of this title shall apply for commercial 

19 registration under section 13902 of this title. 

20 ‘‘(b) WITHHOLDING REGISTRATION.—The Secretary 

21 may withhold registration under subsection (a), after notice 

22 and an opportunity for a proceeding, if the Secretary deter23 mines that— 

24 ‘‘(1) the employer or person seeking registration 

25 is unwilling or unable to comply with the require-
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1 ments of this subchapter and the regulations pre2 scribed thereunder and chapter 51 and the regulations 

3 prescribed thereunder; 

4 ‘‘(2) the employer or person is or was related 

5 through common ownership, common management, 

6 common control, or common familial relationship to 

7 any other person or applicant for registration subject 

8 to this subchapter who is or was unfit, unwilling, or 

9 unable to comply with the requirements listed in sub10 section (b)(1); or 

11 ‘‘(3) the person is the successor, as defined in sec12 tion 31153, to a person who is or was unfit, unwill13 ing, or unable to comply with the requirements listed 

14 in subsection (b)(1). 

15 ‘‘(c) REVOCATION OR SUSPENSION OF REGISTRA16 TION.—The Secretary shall revoke the registration of an em17 ployer or person under subsection (a) after notice and an 

18 opportunity for a proceeding, or suspend the registration 

19 after giving notice of the suspension to the employer or per20 son, if the Secretary determines that— 

21 ‘‘(1) the employer’s or person’s authority to oper22 ate pursuant to chapter 139 of this title would be sub23 ject to revocation or suspension under sections 

24 13905(d)(1) or 13905(f) of this title; 
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1 ‘‘(2) the employer or person is or was related 

2 through common ownership, common management, 

3 common control, or common familial relationship to 

4 any other person or applicant for registration subject 

5 to this subchapter that the Secretary determines is or 

6 was unfit, unwilling, or unable to comply with the re7 quirements listed in subsection (b)(1); 

8 ‘‘(3) the person is the successor, as defined in sec9 tion 31153, to a person the Secretary determines is or 

10 was unfit, unwilling, or unable to comply with the re11 quirements listed in subsection (b)(1); or 

12 ‘‘(4) the employer or person failed or refused to 

13 submit to the safety review required by section 

14 31144(g) of this title. 

15 ‘‘(d) PERIODIC REGISTRATION UPDATE.—The Sec16 retary may require an employer to update a registration 

17 under this section periodically or not later than 30 days 

18 after a change in the employer’s address, other contact in19 formation, officers, process agent, or other essential infor20 mation, as determined by the Secretary.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis of chap22 ter 311 is amended by inserting after the item relating to 

23 section 31133 the following: 

‘‘31134. Requirement for registration and USDOT number.’’. 
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1 SEC. 32106. REGISTRATION FEE SYSTEM. 

2 Section 13908(d)(1) is amended by striking ‘‘but shall 

3 not exceed $300’’. 

4 SEC. 32107. REGISTRATION UPDATE. 

5 (a) PERIODIC MOTOR CARRIER UPDATE.—Section 

6 13902 is amended by adding at the end the following: 

7 ‘‘(h) UPDATE OF REGISTRATION.—The Secretary may 

8 require a registrant to update its registration under this 

9 section periodically or not later than 30 days after a change 

10 in the registrant’s address, other contact information, offi11 cers, process agent, or other essential information, as deter12 mined by the Secretary.’’. 

13 (b) PERIODIC FREIGHT FORWARDER UPDATE.—Sec14 tion 13903 is amended by adding at the end the following: 

15 ‘‘(c) UPDATE OF REGISTRATION.—The Secretary may 

16 require a freight forwarder to update its registration under 

17 this section periodically or not later than 30 days after a 

18 change in the freight forwarder’s address, other contact in19 formation, officers, process agent, or other essential infor20 mation, as determined by the Secretary.’’. 

21 (c) PERIODIC BROKER UPDATE.—Section 13904 is 

22 amended by adding at the end the following: 

23 ‘‘(e) UPDATE OF REGISTRATION.—The Secretary may 

24 require a broker to update its registration under this section 

25 periodically or not later than 30 days after a change in 

26 the broker’s address, other contact information, officers, 
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1 process agent, or other essential information, as determined 

2 by the Secretary.’’. 

3 SEC. 32108. INCREASED PENALTIES FOR OPERATING WITH4 OUT REGISTRATION. 

5 (a) PENALTIES.—Section 14901(a) is amended— 

6 (1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 

7 (2) by striking ‘‘who is not registered under this 

8 part to provide transportation of passengers,’’; 

9 (3) by striking ‘‘with respect to providing trans10 portation of passengers,’’ and inserting ‘‘or section 

11 13902(c) of this title,’’; and 

12 (4) by striking ‘‘$2,000 for each violation and 

13 each additional day the violation continues’’ and in14 serting ‘‘$10,000 for each violation, or $25,000 for 

15 each violation relating to providing transportation of 

16 passengers’’. 

17 (b) TRANSPORTATION OF HAZARDOUS WASTES.—Sec18 tion 14901(b) is amended by striking ‘‘not to exceed 

19 $20,000’’ and inserting ‘‘not less than $25,000’’. 

20 SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT 

21 HAZARD. 

22 Section 13905(f)(2) is amended to read as follows: 

23 ‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— 

24 Notwithstanding subchapter II of chapter 5 of title 5, 

25 the Secretary shall revoke the registration of a motor 
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1 carrier if the Secretary finds that the carrier is or 

2 was conducting unsafe operations that are or were an 

3 imminent hazard to public health or property.’’. 

4 SEC. 32110. REVOCATION OF REGISTRATION AND OTHER 

5 PENALTIES FOR FAILURE TO RESPOND TO 

6 SUBPOENA. 

7 Section 525 is amended— 

8 (1) by striking ‘‘subpenas’’ in the section heading 

9 and inserting ‘‘subpoenas’’; 

10 (2) by striking ‘‘subpena’’ and inserting ‘‘sub11 poena’’; 

12 (3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; 

13 (4) by striking ‘‘$5,000’’ and inserting 

14 ‘‘$10,000’’; and 

15 (5) by adding at the end the following: 

16 ‘‘The Secretary may withhold, suspend, amend, or re17 voke any part of the registration of a person required to 

18 register under chapter 139 for failing to obey a subpoena 

19 or requirement of the Secretary under this chapter to ap20 pear and testify or produce records.’’. 

21 SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OPER22 ATING WITHOUT REQUIRED REGISTRATION. 

23 Section 13902(e)(1) is amended— 
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1 (1) by striking ‘‘motor vehicle’’ and inserting 

2 ‘‘motor carrier’’ after ‘‘the Secretary determines that 

3 a’’; and 

4 (2) by striking ‘‘order the vehicle’’ and inserting 

5 ‘‘order the motor carrier operations’’ after ‘‘the Sec6 retary may’’. 

7 SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF 

8 SAFETY VIOLATIONS. 

9 Section 31135 is amended— 

10 (1) by striking subsection (b) and inserting the 

11 following: 

12 ‘‘(b) NONCOMPLIANCE.— 

13 ‘‘(1) MOTOR CARRIERS.—Two or more motor 

14 carriers, employers, or persons shall not use common 

15 ownership, common management, common control, or 

16 common familial relationship to enable any or all 

17 such motor carriers, employers, or persons to avoid 

18 compliance, or mask or otherwise conceal non-compli19 ance, or a history of non-compliance, with regulations 

20 prescribed under this subchapter or an order of the 

21 Secretary issued under this subchapter. 

22 ‘‘(2) PATTERN.—If the Secretary finds that a 

23 motor carrier, employer, or person engaged in a pat24 tern or practice of avoiding compliance, or masking 

25 or otherwise concealing noncompliance, with regula-
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1 tions prescribed under this subchapter, the Sec2 retary— 

3 ‘‘(A) may withhold, suspend, amend, or re4 voke any part of the motor carrier’s, employer’s, 

5 or person’s registration in accordance with sec6 tion 13905 or 31134; and 

7 ‘‘(B) shall take into account such non-com8 pliance for purposes of determining civil penalty 

9 amounts under section 521(b)(2)(D). 

10 ‘‘(3) OFFICERS.—If the Secretary finds, after no11 tice and an opportunity for proceeding, that an offi12 cer of a motor carrier, employer, or owner or operator 

13 engaged in a pattern or practice of violating regula14 tions prescribed under this subchapter, or assisted a 

15 motor carrier, employer, or owner or operator in 

16 avoiding compliance, or masking or otherwise con17 cealing noncompliance, the Secretary may impose ap18 propriate sanctions, subject to the limitations in 

19 paragraph (4), including— 

20 ‘‘(A) suspension or revocation of registra21 tion granted to the officer individually under 

22 section 13902 or 31134; 

23 ‘‘(B) temporary or permanent suspension or 

24 bar from association with any motor carrier, 
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1 employer, or owner or operator registered under 

2 section 13902 or 31134; or 

3 ‘‘(C) any appropriate sanction approved by 

4 the Secretary. 

5 ‘‘(4) LIMITATIONS.—The sanctions described in 

6 subparagraphs (A) through (C) of subsection (b)(3) 

7 shall apply to— 

8 ‘‘(A) intentional or knowing conduct, in9 cluding reckless conduct that violates applicable 

10 laws (including regulations); and 

11 ‘‘(B) repeated instances of negligent conduct 

12 that violates applicable laws (including regula13 tions).’’; and 

14 (2) by striking subsection (c) and inserting the 

15 following: 

16 ‘‘(c) AVOIDING COMPLIANCE.—For purposes of this sec17 tion, ‘avoiding compliance’ or ‘masking or otherwise con18 cealing noncompliance’ includes serving as an officer or 

19 otherwise exercising controlling influence over 2 or more 

20 motor carriers where— 

21 ‘‘(1) one of the carriers was placed out of service, 

22 or received notice from the Secretary that it will be 

23 placed out of service, following— 

24 ‘‘(A) a determination of unfitness under sec25 tion 31144(b); 
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1 ‘‘(B) a suspension or revocation of registra2 tion under section 13902, 13905, or 31144(g); 

3 ‘‘(C) issuance of an imminent hazard out of 

4 service order under section 521(b)(5) or section 

5 5121(d); or 

6 ‘‘(D) notice of failure to pay a civil penalty 

7 or abide by a penalty payment plan; and 

8 ‘‘(2) one or more of the carriers is the ‘successor,’ 

9 as that term is defined in section 31153, to the car10 rier that is the subject of the action in paragraph 

11 (1).’’. 

12 SEC. 32113. FEDERAL SUCCESSOR STANDARD. 

13 (a) IN GENERAL.—Chapter 311 is amended by adding 

14 after section 31152, as added by section 32508 of this Act, 

15 the following: 

16 ‘‘§ 31153. Federal successor standard 

17 ‘‘(a) FEDERAL SUCCESSOR STANDARD.—Notwith18 standing any other provision of Federal or State law, the 

19 Secretary may take an action authorized under chapters 

20 5, 51, 131 through 149, subchapter III of chapter 311 (ex21 cept sections 31138 and 31139), or sections 31302, 31303, 

22 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or 

23 a regulation issued under any of those provisions, against 

24 a successor of a motor carrier (as defined in section 13102), 

25 a successor of an employer (as defined in section 31132), 
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1 or a successor of an owner or operator (as that term is used 

2 in subchapter III of chapter 311), to the same extent and 

3 on the same basis as the Secretary may take the action 

4 against the motor carrier, employer, or owner or operator. 

5 ‘‘(b) SUCCESSOR DEFINED.—For purposes of this sec6 tion, the term ‘successor’ means a motor carrier, employer, 

7 or owner or operator that the Secretary determines, after 

8 notice and an opportunity for a proceeding, has 1 or more 

9 features that correspond closely with the features of another 

10 existing or former motor carrier, employer, or owner or op11 erator, such as— 

12 ‘‘(1) consideration paid for assets purchased or 

13 transferred; 

14 ‘‘(2) dates of corporate creation and dissolution 

15 or termination of operations; 

16 ‘‘(3) commonality of ownership; 

17 ‘‘(4) commonality of officers and management 

18 personnel and their functions; 

19 ‘‘(5) commonality of drivers and other employ20 ees; 

21 ‘‘(6) identity of physical or mailing addresses, 

22 telephone, fax numbers, or e-mail addresses; 

23 ‘‘(7) identity of motor vehicle equipment; 

24 ‘‘(8) continuity of liability insurance policies; 
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1 ‘‘(9) commonality of coverage under liability in2 surance policies; 

3 ‘‘(10) continuation of carrier facilities and other 

4 physical assets; 

5 ‘‘(11) continuity of the nature and scope of oper6 ations, including customers; 

7 ‘‘(12) commonality of the nature and scope of 

8 operations, including customers; 

9 ‘‘(13) advertising, corporate name, or other acts 

10 through which the motor carrier, employer, or owner 

11 or operator holds itself out to the public; 

12 ‘‘(14) history of safety violations and pending 

13 orders or enforcement actions of the Secretary; and 

14 ‘‘(15) additional factors that the Secretary con15 siders appropriate. 

16 ‘‘(c) EFFECTIVE DATE.—Notwithstanding any other 

17 provision of law, this section shall apply to any action com18 menced on or after the date of enactment of the Commercial 

19 Motor Vehicle Safety Enhancement Act of 2012 without re20 gard to whether the violation that is the subject of the ac21 tion, or the conduct that caused the violation, occurred be22 fore the date of enactment. 

23 ‘‘(d) RIGHTS NOT AFFECTED.—Nothing in this section 

24 shall affect the rights, functions, or responsibilities under 

25 law of any other Department, Agency, or instrumentality 
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1 of the United States, the laws of any State, or any rights 

2 between a private party and a motor carrier, employer, or 

3 owner or operator.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis of chap5 ter 311 is amended by inserting after the item related to 

6 section 31152, as added by section 32508 of this Act, the 

7 following: 

‘‘31153. Federal successor standard.’’. 

8 Subtitle B—Commercial Motor 

9 Vehicle Safety 

10 SEC. 32201. REPEAL OF COMMERCIAL JURISDICTION EX11 CEPTION FOR BROKERS OF MOTOR CARRIERS 

12 OF PASSENGERS. 

13 (a) IN GENERAL.—Section 13506(a) is amended— 

14 (1) by inserting ‘‘or’’ at the end of paragraph 

15 (13); 

16 (2) by striking paragraph (14); and 

17 (3) by redesignating paragraph (15) as para18 graph (14). 

19 (b) CONFORMING AMENDMENT.—Section 13904(a) is 

20 amended by striking ‘‘of property’’ in the first sentence. 

21 SEC. 32202. BUS RENTALS AND DEFINITION OF EMPLOYER. 

22 Paragraph (3) of section 31132 is amended to read as 

23 follows: 

24 ‘‘(3) ‘employer’— 
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1 ‘‘(A) means a person engaged in a business 

2 affecting interstate commerce that— 

3 ‘‘(i) owns or leases a commercial motor 

4 vehicle in connection with that business, or 

5 assigns an employee to operate the commer6 cial motor vehicle; or 

7 ‘‘(ii) offers for rent or lease a motor ve8 hicle designed or used to transport more 

9 than 8 passengers, including the driver, and 

10 from the same location or as part of the 

11 same business provides names or contact in12 formation of drivers, or holds itself out to 

13 the public as a charter bus company; but 

14 ‘‘(B) does not include the Government, a 

15 State, or a political subdivision of a State.’’. 

16 SEC. 32203. CRASHWORTHINESS STANDARDS. 

17 (a) IN GENERAL.—Not later than 18 months after the 

18 date of enactment of this Act, the Secretary shall conduct 

19 a comprehensive analysis on the need for crashworthiness 

20 standards on property-carrying commercial motor vehicles 

21 with a gross vehicle weight rating or gross vehicle weight 

22 of at least 26,001 pounds involved in interstate commerce, 

23 including an evaluation of the need for roof strength, pillar 

24 strength, air bags, and frontal and back wall standards. 
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1 (b) REPORT.—Not later than 90 days after completing 

2 the comprehensive analysis under subsection (a), the Sec3 retary shall report the results of the analysis and any rec4 ommendations to the Committee on Commerce, Science, and 

5 Transportation of the Senate and the Committee on Trans6 portation and Infrastructure of the House of Representa7 tives. 

8 SEC. 32204. CANADIAN SAFETY RATING RECIPROCITY. 

9 Section 31144 is amended by adding at the end the 

10 following: 

11 ‘‘(h) RECOGNITION OF CANADIAN MOTOR CARRIER

12 SAFETY FITNESS DETERMINATIONS.— 

13 ‘‘(1) If an authorized agency of the Canadian 

14 federal government or a Canadian Territorial or Pro15 vincial government determines, by applying the pro16 cedure and standards prescribed by the Secretary 

17 under subsection (b) or pursuant to an agreement 

18 under paragraph (2), that a Canadian employer is 

19 unfit and prohibits the employer from operating a 

20 commercial motor vehicle in Canada or any Cana21 dian Province, the Secretary may prohibit the em22 ployer from operating such vehicle in interstate and 

23 foreign commerce until the authorized Canadian 

24 agency determines that the employer is fit. 
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1 ‘‘(2) The Secretary may consult and participate 

2 in negotiations with authorized officials of the Cana3 dian federal government or a Canadian Territorial or 

4 Provincial government, as necessary, to provide recip5 rocal recognition of each country’s motor carrier safe6 ty fitness determinations. An agreement shall provide, 

7 to the maximum extent practicable, that each country 

8 will follow the procedure and standards prescribed by 

9 the Secretary under subsection (b) in making motor 

10 carrier safety fitness determinations.’’. 

11 SEC. 32205. STATE REPORTING OF FOREIGN COMMERCIAL 

12 DRIVER CONVICTIONS. 

13 (a) DEFINITION OF FOREIGN COMMERCIAL DRIVER.— 

14 Section 31301 is amended— 

15 (1) by redesignating paragraphs (10) through 

16 (14) as paragraphs (11) through (15), respectively; 

17 and 

18 (2) by inserting after paragraph (9) the fol19 lowing: 

20 ‘‘(10) ‘foreign commercial driver’ means an indi21 vidual licensed to operate a commercial motor vehicle 

22 by an authority outside the United States, or a cit23 izen of a foreign country who operates a commercial 

24 motor vehicle in the United States.’’. 
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1 (b) STATE REPORTING OF CONVICTIONS.—Section 

2 31311(a) is amended by adding after paragraph (21) the 

3 following: 

4 ‘‘(22) The State shall report a conviction of a 

5 foreign commercial driver by that State to the Federal 

6 Convictions and Withdrawal Database, or another in7 formation system designated by the Secretary to 

8 record the convictions. A report shall include— 

9 ‘‘(A) for a driver holding a foreign commer10 cial driver’s license— 

11 ‘‘(i) each conviction relating to the op12 eration of a commercial motor vehicle; and 

13 ‘‘(ii) a non-commercial motor vehicle; 

14 and 

15 ‘‘(B) for an unlicensed driver or a driver 

16 holding a foreign non-commercial driver’s li17 cense, each conviction for operating a commer18 cial motor vehicle.’’. 

19 SEC. 32206. AUTHORITY TO DISQUALIFY FOREIGN COMMER20 CIAL DRIVERS. 

21 Section 31310 is amended by adding at the end the 

22 following: 

23 ‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A foreign 

24 commercial driver shall be subject to disqualification under 

25 this section.’’. 
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1 SEC. 32207. REVOCATION OF FOREIGN MOTOR CARRIER OP2 ERATING AUTHORITY FOR FAILURE TO PAY 

3 CIVIL PENALTIES. 

4 Section 13905(d)(2), as amended by section 32103(a) 

5 of this Act, is amended by inserting ‘‘foreign motor carrier, 

6 foreign motor private carrier,’’ after ‘‘registration of a 

7 motor carrier,’’ each place it appears. 

8 SEC. 32208. RENTAL TRUCK ACCIDENT STUDY. 

9 (a) DEFINITIONS.—In this section: 

10 (1) RENTAL TRUCK.—The term ‘‘rental truck’’ 

11 means a motor vehicle with a gross vehicle weight rat12 ing of between 10,000 and 26,000 pounds that is 

13 made available for rental by a rental truck company. 

14 (2) RENTAL TRUCK COMPANY.—The term ‘‘rental 

15 truck company’’ means a person or company that is 

16 in the business of renting or leasing rental trucks to 

17 the public or for private use. 

18 (b) STUDY.— 

19 (1) IN GENERAL.—The Secretary shall conduct a 

20 study of the safety of rental trucks during the 7-year 

21 period ending on December 31, 2011. 

22 (2) REQUIREMENTS.—The study conducted 

23 under paragraph (1) shall— 

24 (A) evaluate available data on the number 

25 of crashes, fatalities, and injuries involving rent-
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1 al trucks and the cause of such crashes, utilizing 

2 police accident reports and other sources; 

3 (B) estimate the property damage and costs 

4 resulting from a subset of crashes involving rent5 al truck operations, which the Secretary believes 

6 adequately reflect all crashes involving rental 

7 trucks; 

8 (C) analyze State and local laws regulating 

9 rental truck companies, including safety and in10 spection requirements; 

11 (D) assess the rental truck maintenance 

12 programs of a selection of small, medium, and 

13 large rental truck companies, as selected by the 

14 Secretary, including the frequency of rental truck 

15 maintenance inspections, and compare such pro16 grams with inspection requirements for pas17 senger vehicles and commercial motor vehicles; 

18 (E) include any other information available 

19 regarding the safety of rental trucks; and 

20 (F) review any other information that the 

21 Secretary determines to be appropriate. 

22 (c) REPORT.—Not later than 1 year after the date of 

23 the enactment of this Act, the Secretary shall submit a re24 port to the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on Transpor-
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1 tation and Infrastructure of the House of Representatives 

2 that contains— 

3 (1) the findings of the study conducted pursuant 

4 to subsection (b); and 

5 (2) any recommendations for legislation that the 

6 Secretary determines to be appropriate. 

7 Subtitle C—Driver Safety 

8 SEC. 32301. ELECTRONIC ON-BOARD RECORDING DEVICES. 

9 (a) GENERAL AUTHORITY.—Section 31137 is amend10 ed— 

11 (1) by amending the section heading to read as 

12 follows: 

13 ‘‘§ 31137. Electronic on-board recording devices and 

14 brake maintenance regulations’’; 

15 (2) by redesignating subsection (b) as subsection 

16 (e); and 

17 (3) by amending (a) to read as follows: 

18 ‘‘(a) ELECTRONIC ON-BOARD RECORDING DEVICES.— 

19 Not later than 1 year after the date of enactment of the 

20 Commercial Motor Vehicle Safety Enhancement Act of 

21 2012, the Secretary of Transportation shall prescribe regu22 lations— 

23 ‘‘(1) requiring a commercial motor vehicle in24 volved in interstate commerce and operated by a driv25 er subject to the hours of service and the record of 
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1 duty status requirements under part 395 of title 49, 

2 Code of Federal Regulations, be equipped with an 

3 electronic on-board recording device to improve com4 pliance by an operator of a vehicle with hours of serv5 ice regulations prescribed by the Secretary; and 

6 ‘‘(2) ensuring that an electronic on-board record7 ing device is not used to harass a vehicle operator. 

8 ‘‘(b) ELECTRONIC ON-BOARD RECORDING DEVICE RE9 QUIREMENTS.— 

10 ‘‘(1) IN GENERAL.—The regulations prescribed 

11 under subsection (a) shall— 

12 ‘‘(A) require an electronic on-board record13 ing device— 

14 ‘‘(i) to accurately record commercial 

15 driver hours of service; 

16 ‘‘(ii) to record the location of a com17 mercial motor vehicle; 

18 ‘‘(iii) to be tamper resistant; and 

19 ‘‘(iv) to be integrally synchronized 

20 with an engine’s control module; 

21 ‘‘(B) allow law enforcement to access the 

22 data contained in the device during a roadside 

23 inspection; and 

24 ‘‘(C) apply to a commercial motor vehicle 

25 beginning on the date that is 2 years after the 
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1 date that the regulations are published as a final 

2 rule. 

3 ‘‘(2) PERFORMANCE AND DESIGN STANDARDS.— 

4 The regulations prescribed under subsection (a) shall 

5 establish performance standards— 

6 ‘‘(A) defining a standardized user interface 

7 to aid vehicle operator compliance and law en8 forcement review; 

9 ‘‘(B) establishing a secure process for stand10 ardized— 

11 ‘‘(i) and unique vehicle operator iden12 tification; 

13 ‘‘(ii) data access; 

14 ‘‘(iii) data transfer for vehicle opera15 tors between motor vehicles; 

16 ‘‘(iv) data storage for a motor carrier; 

17 and 

18 ‘‘(v) data transfer and transportability 

19 for law enforcement officials; 

20 ‘‘(C) establishing a standard security level 

21 for an electronic on-board recording device and 

22 related components to be tamper resistant by 

23 using a methodology endorsed by a nationally 

24 recognized standards organization; and 
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1 ‘‘(D) identifying each driver subject to the 

2 hours of service and record of duty status re3 quirements under part 395 of title 49, Code of 

4 Federal Regulations. 

5 ‘‘(c) CERTIFICATION CRITERIA.— 

6 ‘‘(1) IN GENERAL.—The regulations prescribed 

7 by the Secretary under this section shall establish the 

8 criteria and a process for the certification of an elec9 tronic on-board recording device to ensure that the de10 vice meets the performance requirements under this 

11 section. 

12 ‘‘(2) EFFECT OF NONCERTIFICATION.—An elec13 tronic on-board recording device that is not certified 

14 in accordance with the certification process referred to 

15 in paragraph (1) shall not be acceptable evidence of 

16 hours of service and record of duty status require17 ments under part 395 of title 49, Code of Federal 

18 Regulations. 

19 ‘‘(d) ELECTRONIC ON-BOARD RECORDING DEVICE DE20 FINED.—In this section, the term ‘electronic on-board re21 cording device’ means an electronic device that— 

22 ‘‘(1) is capable of recording a driver’s hours of 

23 service and duty status accurately and automatically; 

24 and 
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1 ‘‘(2) meets the requirements established by the 

2 Secretary through regulation.’’. 

3 (b) CIVIL PENALTIES.—Section 30165(a)(1) is amend4 ed by striking ‘‘or 30141 through 30147’’ and inserting 

5 ‘‘30141 through 30147, or 31137’’. 

6 (c) CONFORMING AMENDMENT.—The analysis for 

7 chapter 311 is amended by striking the item relating to sec8 tion 31137 and inserting the following: 

‘‘31137. Electronic on-board recording devices and brake maintenance regulations.’’. 

9 SEC. 32302. SAFETY FITNESS. 

10 (a) SAFETY FITNESS RATING METHODOLOGY.—The 

11 Secretary shall— 

12 (1) incorporate into its Compliance, Safety, Ac13 countability program a safety fitness rating method14 ology that assigns sufficient weight to adverse vehicle 

15 and driver performance based-data that elevate crash 

16 risks to warrant an unsatisfactory rating for a car17 rier; and 

18 (2) ensure that the data to support such assess19 ments is accurate. 

20 (b) INTERIM MEASURES.—Not later than March 31, 

21 2012, the Secretary shall take interim measures to imple22 ment a similar safety fitness rating methodology in its cur23 rent safety rating system if the Compliance, Safety, Ac24 countability program is not fully implemented. 
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1 SEC. 32303. DRIVER MEDICAL QUALIFICATIONS. 

2 (a) DEADLINE FOR ESTABLISHMENT OF NATIONAL

3 REGISTRY OF MEDICAL EXAMINERS.—Not later than 1 

4 year after the date of enactment of this Act, the Secretary 

5 shall establish a national registry of medical examiners in 

6 accordance with section 31149(d)(1) of title 49, United 

7 States Code. 

8 (b) EXAMINATION REQUIREMENT FOR NATIONAL REG9 ISTRY OF MEDICAL EXAMINERS.—Section 31149(c)(1)(D) 

10 is amended to read as follows: 

11 ‘‘(D) not later than 1 year after enactment 

12 of the Commercial Motor Vehicle Safety En13 hancement Act of 2012, develop requirements for 

14 a medical examiner to be listed in the national 

15 registry under this section, including— 

16 ‘‘(i) the completion of specific courses 

17 and materials; 

18 ‘‘(ii) certification, including self-cer19 tification, if the Secretary determines that 

20 self-certification is necessary for sufficient 

21 participation in the national registry, to 

22 verify that a medical examiner completed 

23 specific training, including refresher 

24 courses, that the Secretary determines nec25 essary to be listed in the national registry; 
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1 ‘‘(iii) an examination that requires a 

2 passing grade; and 

3 ‘‘(iv) demonstration of a medical ex4 aminer’s willingness to meet the reporting 

5 requirements established by the Secretary;’’. 

6 (c) ADDITIONAL OVERSIGHT OF LICENSING AUTHORI7 TIES.— 

8 (1) IN GENERAL.—Section 31149(c)(1) is amend9 ed— 

10 (A) by amending subparagraph (E) to read 

11 as follows: 

12 ‘‘(E) require medical examiners to transmit 

13 electronically, on at least a monthly basis, the 

14 name of the applicant, a numerical identifier, 

15 and additional information contained on the 

16 medical examiner’s certificate for any completed 

17 medical examination report required under sec18 tion 391.43 of title 49, Code of Federal Regula19 tions, to the chief medical examiner;’’; 

20 (B) in subparagraph (F), by striking the 

21 period at the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(G) annually review the implementation of 

24 commercial driver’s license requirements by not 
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1 fewer than 10 States to assess the accuracy, va2 lidity, and timeliness of— 

3 ‘‘(i) the submission of physical exam4 ination reports and medical certificates to 

5 State licensing agencies; and 

6 ‘‘(ii) the processing of the submissions 

7 by State licensing agencies.’’. 

8 (2) INTERNAL OVERSIGHT POLICY.— 

9 (A) IN GENERAL.—Not later than 2 years 

10 after the date of enactment of this Act, the Sec11 retary shall establish an oversight policy and 

12 procedure to carry out section 31149(c)(1)(G) of 

13 title 49, United States Code, as added by section 

14 32303(c)(1) of this Act. 

15 (B) EFFECTIVE DATE.—The amendments 

16 made by section 32303(c)(1) of this Act shall 

17 take effect on the date the oversight policies and 

18 procedures are established pursuant to subpara19 graph (A). 

20 (d) ELECTRONIC FILING OF MEDICAL EXAMINATION

21 CERTIFICATES.—Section 31311(a), as amended by sections 

22 32205(b) and 32306(b) of this Act, is amended by adding 

23 at the end the following: 

24 ‘‘(24) Not later than 1 year after the date of en25 actment of the Commercial Motor Vehicle Safety En-
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1 hancement Act of 2012, the State shall establish and 

2 maintain, as part of its driver information system, 

3 the capability to receive an electronic copy of a med4 ical examiner’s certificate, from a certified medical 

5 examiner, for each holder of a commercial driver’s li6 cense issued by the State who operates or intends to 

7 operate in interstate commerce.’’. 

8 (e) FUNDING.— 

9 (1) AUTHORIZATION OF APPROPRIATIONS.—Of 

10 the funds provided for Data and Technology Grants 

11 under section 31104(a) of title 49, United States 

12 Code, there are authorized to be appropriated from 

13 the Highway Trust Fund (other than the Mass Tran14 sit Account) for the Secretary to make grants to 

15 States or an organization representing agencies and 

16 officials of the States to support development costs of 

17 the information technology needed to carry out section 

18 31311(a)(24) of title 49, United States Code— 

19 (A) up to $1,000,000 for fiscal year 2012; 

20 and 

21 (B) up to $1,000,000 for fiscal year 2013. 

22 (2) PERIOD OF AVAILABILITY.—The amounts 

23 made available under this subsection shall remain 

24 available until expended. 
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1 SEC. 32304. COMMERCIAL DRIVER’S LICENSE NOTIFICATION 

2 SYSTEM. 

3 (a) IN GENERAL.—Section 31304 is amended— 

4 (1) by striking ‘‘An employer’’ and inserting the 

5 following: 

6 ‘‘(a) IN GENERAL.—An employer’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(b) DRIVER VIOLATION RECORDS.— 

9 ‘‘(1) PERIODIC REVIEW.—Except as provided in 

10 paragraph (3), an employer shall ascertain the driv11 ing record of each driver it employs— 

12 ‘‘(A) by making an inquiry at least once 

13 every 12 months to the appropriate State agency 

14 in which the driver held or holds a commercial 

15 driver’s license or permit during such time pe16 riod; 

17 ‘‘(B) by receiving occurrence-based reports 

18 of changes in the status of a driver’s record from 

19 1 or more driver record notification systems that 

20 meet minimum standards issued by the Sec21 retary; or 

22 ‘‘(C) by a combination of inquiries to States 

23 and reports from driver record notification sys24 tems. 
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1 ‘‘(2) RECORD KEEPING.—A copy of the reports 

2 received under paragraph (1) shall be maintained in 

3 the driver’s qualification file. 

4 ‘‘(3) EXCEPTIONS TO RECORD REVIEW REQUIRE5 MENT.—Paragraph (1) shall not apply to a driver 

6 employed by an employer who, in any 7-day period, 

7 is employed or used as a driver by more than 1 em8 ployer— 

9 ‘‘(A) if the employer obtains the driver’s 

10 identification number, type, and issuing State of 

11 the driver’s commercial motor vehicle license; or 

12 ‘‘(B) if the information described in sub13 paragraph (A) is furnished by another employer 

14 and the employer that regularly employs the 

15 driver meets the other requirements under this 

16 section. 

17 ‘‘(4) DRIVER RECORD NOTIFICATION SYSTEM DE18 FINED.—In this section, the term ‘driver record noti19 fication system’ means a system that automatically 

20 furnishes an employer with a report, generated by the 

21 appropriate agency of a State, on the change in the 

22 status of an employee’s driver’s license due to a con23 viction for a moving violation, a failure to appear, 

24 an accident, driver’s license suspension, driver’s li-
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1 cense revocation, or any other action taken against 

2 the driving privilege.’’. 

3 (b) STANDARDS FOR DRIVER RECORD NOTIFICATION

4 SYSTEMS.—Not later than 1 year after the date of enact5 ment of this Act, the Secretary shall issue minimum stand6 ards for driver notification systems, including standards for 

7 the accuracy, consistency, and completeness of the informa8 tion provided. 

9 (c) PLAN FOR NATIONAL NOTIFICATION SYSTEM.— 

10 (1) DEVELOPMENT.—Not later than 2 years after 

11 the date of enactment of this Act, the Secretary shall 

12 develop recommendations and a plan for the develop13 ment and implementation of a national driver record 

14 notification system, including— 

15 (A) an assessment of the merits of achieving 

16 a national system by expanding the Commercial 

17 Driver’s License Information System; and 

18 (B) an estimate of the fees that an employer 

19 will be charged to offset the operating costs of the 

20 national system. 

21 (2) SUBMISSION TO CONGRESS.—Not later than 

22 90 days after the recommendations and plan are de23 veloped under paragraph (1), the Secretary shall sub24 mit a report on the recommendations and plan to the 

25 Committee on Commerce, Science, and Transpor-
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1 tation of the Senate and the Committee on Transpor2 tation and Infrastructure of the House of Representa3 tives. 

4 SEC. 32305. COMMERCIAL MOTOR VEHICLE OPERATOR 

5 TRAINING. 

6 (a) IN GENERAL.—Section 31305 is amended by add7 ing at the end the following: 

8 ‘‘(c) STANDARDS FOR TRAINING.—Not later than 6 

9 months after the date of enactment of the Commercial Motor 

10 Vehicle Safety Enhancement Act of 2012, the Secretary 

11 shall issue final regulations establishing minimum entry12 level training requirements for an individual operating a 

13 commercial motor vehicle— 

14 ‘‘(1) addressing the knowledge and skills that— 

15 ‘‘(A) are necessary for an individual oper16 ating a commercial motor vehicle to safely oper17 ate a commercial motor vehicle; and 

18 ‘‘(B) must be acquired before obtaining a 

19 commercial driver’s license for the first time or 

20 upgrading from one class of commercial driver’s 

21 license to another class; 

22 ‘‘(2) addressing the specific training needs of a 

23 commercial motor vehicle operator seeking passenger 

24 or hazardous materials endorsements, including for 
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1 an operator seeking a passenger endorsement train2 ing— 

3 ‘‘(A) to suppress motorcoach fires; and 

4 ‘‘(B) to evacuate passengers from 

5 motorcoaches safely; 

6 ‘‘(3) requiring effective instruction to acquire the 

7 knowledge, skills, and training referred to in para8 graphs (1) and (2), including classroom and behind9 the-wheel instruction; 

10 ‘‘(4) requiring certification that an individual 

11 operating a commercial motor vehicle meets the re12 quirements established by the Secretary; and 

13 ‘‘(5) requiring a training provider (including a 

14 public or private driving school, motor carrier, or 

15 owner or operator of a commercial motor vehicle) that 

16 offers training that results in the issuance of a certifi17 cation to an individual under paragraph (4) to dem18 onstrate that the training meets the requirements of 

19 the regulations, through a process established by the 

20 Secretary.’’. 

21 (b) COMMERCIAL DRIVER’S LICENSE UNIFORM STAND22 ARDS.—Section 31308(1) is amended to read as follows: 

23 ‘‘(1) an individual issued a commercial driver’s 

24 license— 
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1 ‘‘(A) pass written and driving tests for the 

2 operation of a commercial motor vehicle that 

3 comply with the minimum standards prescribed 

4 by the Secretary under section 31305(a); and 

5 ‘‘(B) present certification of completion of 

6 driver training that meets the requirements es7 tablished by the Secretary under section 

8 31305(c);’’. 

9 (c) CONFORMING AMENDMENT.—The section heading 

10 for section 31305 is amended to read as follows: 

11 ‘‘§ 31305. General driver fitness, testing, and train12 ing’’. 

13 (d) CONFORMING AMENDMENT.—The analysis for 

14 chapter 313 is amended by striking the item relating to sec15 tion 31305 and inserting the following: 

‘‘31305. General driver fitness, testing, and training.’’. 

16 SEC. 32306. COMMERCIAL DRIVER’S LICENSE PROGRAM. 

17 (a) IN GENERAL.—Section 31309 is amended— 

18 (1) in subsection (e)(4), by amending subpara19 graph (A) to read as follows: 

20 ‘‘(A) IN GENERAL.—The plan shall speci21 fy— 

22 ‘‘(i) a date by which all States shall be 

23 operating commercial driver’s license infor24 mation systems that are compatible with the 
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1 modernized information system under this 

2 section; and 

3 ‘‘(ii) that States must use the systems 

4 to receive and submit conviction and dis5 qualification data.’’; and 

6 (2) in subsection (f), by striking ‘‘use’’ and in7 serting ‘‘use, subject to section 31313(a),’’. 

8 (b) REQUIREMENTS FOR STATE PARTICIPATION.—Sec9 tion 31311 is amended— 

10 (1) in subsection (a), as amended by section 

11 32205(b) of this Act— 

12 (A) in paragraph (5), by striking ‘‘At least’’ 

13 and all that follows through ‘‘regulation),’’ and 

14 inserting: ‘‘Not later than the time period pre15 scribed by the Secretary by regulation,’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(23) Not later than 1 year after the date of en18 actment of the Commercial Motor Vehicle Safety En19 hancement Act of 2012, the State shall implement a 

20 system and practices for the exclusive electronic ex21 change of driver history record information on the 

22 system the Secretary maintains under section 31309, 

23 including the posting of convictions, withdrawals, 

24 and disqualifications.’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘(d) CRITICAL REQUIREMENTS.— 

2 ‘‘(1) IDENTIFICATION OF CRITICAL REQUIRE3 MENTS.—After reviewing the requirements under sub4 section (a), including the regulations issued pursuant 

5 to subsection (a) and section 31309(e)(4), the Sec6 retary shall identify the requirements that are critical 

7 to an effective State commercial driver’s license pro8 gram. 

9 ‘‘(2) GUIDANCE.—Not later than 180 days after 

10 the date of enactment of the Commercial Motor Vehi11 cle Safety Enhancement Act of 2012, the Secretary 

12 shall issue guidance to assist States in complying 

13 with the critical requirements identified under para14 graph (1). The guidance shall include a description of 

15 the actions that each State must take to collect and 

16 share accurate and complete data in a timely man17 ner. 

18 ‘‘(e) STATE COMMERCIAL DRIVER’S LICENSE PRO19 GRAM PLAN.— 

20 ‘‘(1) IN GENERAL.—Not later than 180 days 

21 after the Secretary issues guidance under subsection 

22 (d)(2), a State shall submit a plan to the Secretary 

23 for complying with the requirements under this sec24 tion during the period beginning on the date the plan 

25 is submitted and ending on September 30, 2016. 
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1 ‘‘(2) CONTENTS.—A plan submitted by a State 

2 under paragraph (1) shall identify— 

3 ‘‘(A) the actions that the State will take to 

4 comply with the critical requirements identified 

5 under subsection (d)(1); 

6 ‘‘(B) the actions that the State will take to 

7 address any deficiencies in the State’s commer8 cial driver’s license program, as identified by the 

9 Secretary in the most recent audit of the pro10 gram; and 

11 ‘‘(C) other actions that the State will take 

12 to comply with the requirements under sub13 section (a). 

14 ‘‘(3) PRIORITY.— 

15 ‘‘(A) IMPLEMENTATION SCHEDULE.—A plan 

16 submitted by a State under paragraph (1) shall 

17 include a schedule for the implementation of the 

18 actions identified under paragraph (2). In estab19 lishing the schedule, the State shall prioritize the 

20 actions identified under paragraphs (2)(A) and 

21 (2)(B). 

22 ‘‘(B) DEADLINE FOR COMPLIANCE WITH

23 CRITICAL REQUIREMENTS.—A plan submitted by 

24 a State under paragraph (1) shall include assur25 ances that the State will take the necessary ac-
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1 tions to comply with the critical requirements 

2 pursuant to subsection (d) not later than Sep3 tember 30, 2015. 

4 ‘‘(4) APPROVAL AND DISAPPROVAL.—The Sec5 retary shall— 

6 ‘‘(A) review each plan submitted under 

7 paragraph (1); 

8 ‘‘(B) approve a plan that the Secretary de9 termines meets the requirements under this sub10 section and promotes the goals of this chapter; 

11 and 

12 ‘‘(C) disapprove a plan that the Secretary 

13 determines does not meet the requirements or 

14 does not promote the goals. 

15 ‘‘(5) MODIFICATION OF DISAPPROVED PLANS.—If 

16 the Secretary disapproves a plan under paragraph 

17 (4)(C), the Secretary shall— 

18 ‘‘(A) provide a written explanation of the 

19 disapproval to the State; and 

20 ‘‘(B) allow the State to modify the plan and 

21 resubmit it for approval. 

22 ‘‘(6) PLAN UPDATES.—The Secretary may re23 quire a State to review and update a plan, as appro24 priate. 
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1 ‘‘(f) ANNUAL COMPARISON OF STATE LEVELS OF COM2 PLIANCE.—The Secretary shall annually— 

3 ‘‘(1) compare the relative levels of compliance by 

4 States with the requirements under subsection (a); 

5 and 

6 ‘‘(2) make the results of the comparison available 

7 to the public.’’. 

8 (c) DECERTIFICATION AUTHORITY.—Section 31312 is 

9 amended— 

10 (1) by redesignating subsections (b) and (c) as 

11 subsections (c) and (d), respectively; and 

12 (2) by inserting after subsection (a) the fol13 lowing: 

14 ‘‘(b) DEADLINE FOR COMPLIANCE WITH CRITICAL RE15 QUIREMENTS.—Beginning on October 1, 2016, in making 

16 a determination under subsection (a), the Secretary shall 

17 consider a State to be in substantial noncompliance with 

18 this chapter if the Secretary determines that— 

19 ‘‘(1) the State is not complying with a critical 

20 requirement under section 31311(d)(1); and 

21 ‘‘(2) sufficient grant funding was made available 

22 to the State under section 31313(a) to comply with 

23 the requirement.’’. 
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1 SEC. 32307. COMMERCIAL DRIVER’S LICENSE REQUIRE2 MENTS. 

3 (a) LICENSING STANDARDS.—Section 31305(a)(7) is 

4 amended by inserting ‘‘would not be subject to a disquali5 fication under section 31310(g) of this title and’’ after ‘‘tak6 ing the tests’’. 

7 (b) DISQUALIFICATIONS.—Section 31310(g)(1) is 

8 amended by deleting ‘‘who holds a commercial driver’s li9 cense and’’. 

10 SEC. 32308. COMMERCIAL MOTOR VEHICLE DRIVER INFOR11 MATION SYSTEMS. 

12 Section 31106(c) is amended— 

13 (1) by striking the subsection heading and in14 serting ‘‘(1) IN GENERAL.—’’; 

15 (2) by redesignating paragraphs (1) through (4) 

16 as subparagraphs (A) through (D); and 

17 (3) by adding at the end the following: 

18 ‘‘(2) ACCESS TO RECORDS.—The Secretary may 

19 require a State, as a condition of an award of grant 

20 money under this section, to provide the Secretary ac21 cess to all State licensing status and driver history 

22 records via an electronic information system, subject 

23 to section 2721 of title 18.’’. 
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1 SEC. 32309. DISQUALIFICATIONS BASED ON NON-COMMER2 CIAL MOTOR VEHICLE OPERATIONS. 

3 (a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 

4 amended by striking ‘‘commercial’’ after ‘‘revoked, sus5 pended, or canceled based on the individual’s operation of 

6 a,’’ and before ‘‘motor vehicle’’. 

7 (b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 

8 amended by striking ‘‘commercial’’ after ‘‘revoked, sus9 pended, or canceled based on the individual’s operation of 

10 a,’’ and before ‘‘motor vehicle’’. 

11 SEC. 32310. FEDERAL DRIVER DISQUALIFICATIONS. 

12 (a) DISQUALIFICATION DEFINED.—Section 31301, as 

13 amended by section 32205 of this Act, is amended— 

14 (1) by redesignating paragraphs (6) through (15) 

15 as paragraphs (7) through (16), respectively; and 

16 (2) by inserting after paragraph (5) the fol17 lowing: 

18 ‘‘(6) ‘Disqualification’ means— 

19 ‘‘(A) the suspension, revocation, or cancella20 tion of a commercial driver’s license by the State 

21 of issuance; 

22 ‘‘(B) a withdrawal of an individual’s privi23 lege to drive a commercial motor vehicle by a 

24 State or other jurisdiction as the result of a vio25 lation of State or local law relating to motor ve-
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1 hicle traffic control, except for a parking, vehicle 

2 weight, or vehicle defect violation; 

3 ‘‘(C) a determination by the Secretary that 

4 an individual is not qualified to operate a com5 mercial motor vehicle; or 

6 ‘‘(D) a determination by the Secretary that 

7 a commercial motor vehicle driver is unfit under 

8 section 31144(g).’’. 

9 (b) COMMERCIAL DRIVER’S LICENSE INFORMATION

10 SYSTEM CONTENTS.—Section 31309(b)(1)(F) is amended 

11 by inserting after ‘‘disqualified’’ the following: ‘‘by the State 

12 that issued the individual a commercial driver’s license, or 

13 by the Secretary,’’. 

14 (c) STATE ACTION ON FEDERAL DISQUALIFICATION.— 

15 Section 31310(h) is amended by inserting after the first sen16 tence the following: 

17 ‘‘If the State has not disqualified the individual from 

18 operating a commercial vehicle under subsections (b) 

19 through (g), the State shall disqualify the individual if the 

20 Secretary determines under section 31144(g) that the indi21 vidual is disqualified from operating a commercial motor 

22 vehicle.’’. 

23 SEC. 32311. EMPLOYER RESPONSIBILITIES. 

24 Section 31304, as amended by section 32304 of this 

25 Act, is amended in subsection (a)— 
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1 (1) by striking ‘‘knowingly’’; and 

2 (2) by striking ‘‘in which’’ and inserting ‘‘that 

3 the employer knows or should reasonably know that’’. 

4 SEC. 32312. IMPROVING AND EXPEDITING SAFETY ASSESS5 MENTS IN THE COMMERCIAL DRIVER’S LI6 CENSE APPLICATION PROCESS FOR MEM7 BERS AND FORMER MEMBERS OF THE ARMED 

8 FORCES. 

9 (a) STUDY.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the date of the enactment of this Act, the Secretary, 

12 in coordination with the Secretary of Defense, and in 

13 consultation with the States and other relevant stake14 holders, shall commence a study to assess Federal and 

15 State regulatory, economic, and administrative chal16 lenges faced by members and former members of the 

17 Armed Forces, who received safety training and oper18 ated qualifying motor vehicles during their service, in 

19 obtaining commercial driver’s licenses (as defined in 

20 section 31301(3) of title 49, United States Code). 

21 (2) REQUIREMENTS.—The study under this sub22 section shall— 

23 (A) identify written and behind-the-wheel 

24 safety training, qualification standards, knowl25 edge and skills tests, or other operating experi-
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1 ence members of the Armed Forces must meet 

2 that satisfy the minimum standards prescribed 

3 by the Secretary of Transportation for the oper4 ation of commercial motor vehicles under section 

5 31305 of title 49, United States Code; 

6 (B) compare the alcohol and controlled sub7 stances testing requirements for members of the 

8 Armed Forces with those required for holders of 

9 a commercial driver’s license; 

10 (C) evaluate the cause of delays in review11 ing applications for commercial driver’s licenses 

12 of members and former members of the Armed 

13 Forces; 

14 (D) identify duplicative application costs; 

15 (E) identify residency, domicile, training 

16 and testing requirements, and other safety or 

17 health assessments that affect or delay the 

18 issuance of commercial driver’s licenses to mem19 bers and former members of the Armed Forces; 

20 and 

21 (F) include other factors that the Secretary 

22 determines to be appropriate to meet the require23 ments of the study. 

24 (b) REPORT.— 
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1 (1) IN GENERAL.—Not later than 180 days after 

2 the commencement of the study under subsection (a), 

3 the Secretary shall submit a report to the Committee 

4 on Commerce, Science, and Transportation of the 

5 Senate and the Committee on Financial Services of 

6 the House of Representatives that contains the find7 ings and recommendations from the study. 

8 (2) ELEMENTS.—The report under paragraph 

9 (1) shall include— 

10 (A) findings related to the study require11 ments under subsection (a)(2); 

12 (B) recommendations for the Federal and 

13 State legislative, regulatory, and administrative 

14 actions necessary to address challenges identified 

15 in subparagraph (A); and 

16 (C) a plan to implement the recommenda17 tions for which the Secretary has authority. 

18 (c) IMPLEMENTATION.—Upon the completion of the re19 port under subsection (b), the Secretary shall implement the 

20 plan described in subsection (b)(2)(C). 

21 Subtitle D—Safe Roads Act of 2012 

22 SEC. 32401. SHORT TITLE. 

23 This subtitle may be cited as the ‘‘Safe Roads Act of 

24 2012’’. 
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1 SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED 

2 SUBSTANCE AND ALCOHOL TEST RESULTS OF 

3 COMMERCIAL MOTOR VEHICLE OPERATORS. 

4 (a) IN GENERAL.—Chapter 313 is amended— 

5 (1) in section 31306(a), by inserting ‘‘and sec6 tion 31306a’’ after ‘‘this section’’; and 

7 (2) by inserting after section 31306 the fol8 lowing: 

9 ‘‘§ 31306a. National clearinghouse for controlled sub10 stance and alcohol test results of commer11 cial motor vehicle operators 

12 ‘‘(a) ESTABLISHMENT.— 

13 ‘‘(1) IN GENERAL.—Not later than 2 years after 

14 the date of enactment of the Safe Roads Act of 2012, 

15 the Secretary of Transportation shall establish a na16 tional clearinghouse for records relating to alcohol 

17 and controlled substances testing of commercial motor 

18 vehicle operators. 

19 ‘‘(2) PURPOSES.—The purposes of the clearing20 house shall be— 

21 ‘‘(A) to improve compliance with the De22 partment of Transportation’s alcohol and con23 trolled substances testing program applicable to 

24 commercial motor vehicle operators; 
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1 ‘‘(B) to facilitate access to information 

2 about an individual before employing the indi3 vidual as a commercial motor vehicle operator; 

4 ‘‘(C) to enhance the safety of our United 

5 States roadways by reducing accident fatalities 

6 involving commercial motor vehicles; and 

7 ‘‘(D) to reduce the number of impaired com8 mercial motor vehicle operators. 

9 ‘‘(3) CONTENTS.—The clearinghouse shall func10 tion as a repository for records relating to the positive 

11 test results and test refusals of commercial motor ve12 hicle operators and violations by such operators of 

13 prohibitions set forth in subpart B of part 382 of title 

14 49, Code of Federal Regulations (or any subsequent 

15 corresponding regulations). 

16 ‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.—The 

17 Secretary shall ensure that records can be electroni18 cally submitted to, and requested from, the clearing19 house by authorized users. 

20 ‘‘(5) AUTHORIZED OPERATOR.—The Secretary 

21 may authorize a qualified and experienced private 

22 entity to operate and maintain the clearinghouse and 

23 to collect fees on behalf of the Secretary under sub24 section (e). The entity shall establish, operate, main25 tain and expand the clearinghouse and permit access 
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† HR 4348 EAS 

1 to driver information and records from the clearing2 house in accordance with this section. 

3 ‘‘(b) DESIGN OF CLEARINGHOUSE.— 

4 ‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY

5 ADMINISTRATION RECOMMENDATIONS.—In estab6 lishing the clearinghouse, the Secretary shall con7 sider— 

8 ‘‘(A) the findings and recommendations 

9 contained in the Federal Motor Carrier Safety 

10 Administration’s March 2004 report to Congress 

11 required under section 226 of the Motor Carrier 

12 Safety Improvement Act of 1999 (49 U.S.C. 

13 31306 note); and 

14 ‘‘(B) the findings and recommendations 

15 contained in the Government Accountability Of16 fice’s May 2008 report to Congress entitled 

17 ‘Motor Carrier Safety: Improvements to Drug 

18 Testing Programs Could Better Identify Illegal 

19 Drug Users and Keep Them off the Road.’. 

20 ‘‘(2) DEVELOPMENT OF SECURE PROCESSES.—In 

21 establishing the clearinghouse, the Secretary shall de22 velop a secure process for— 

23 ‘‘(A) administering and managing the 

24 clearinghouse in compliance with applicable 

25 Federal security standards; 
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1 ‘‘(B) registering and authenticating author2 ized users of the clearinghouse; 

3 ‘‘(C) registering and authenticating persons 

4 required to report to the clearinghouse under 

5 subsection (g); 

6 ‘‘(D) preventing the unauthorized access of 

7 information from the clearinghouse; 

8 ‘‘(E) storing and transmitting data; 

9 ‘‘(F) persons required to report to the clear10 inghouse under subsection (g) to timely and ac11 curately submit electronic data to the clearing12 house; 

13 ‘‘(G) generating timely and accurate reports 

14 from the clearinghouse in response to requests for 

15 information by authorized users; and 

16 ‘‘(H) updating an individual’s record upon 

17 completion of the return-to-duty process de18 scribed in title 49, Code of Federal Regulations. 

19 ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE20 SULT.—In establishing the clearinghouse, the Sec21 retary shall develop a secure method for electronically 

22 notifying an employer of each additional positive test 

23 result or other noncompliance— 

24 ‘‘(A) for an employee, that is entered into 

25 the clearinghouse during the 7-day period imme-
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1 diately following an employer’s inquiry about 

2 the employee; and 

3 ‘‘(B) for an employee who is listed as hav4 ing multiple employers. 

5 ‘‘(4) ARCHIVE CAPABILITY.—In establishing the 

6 clearinghouse, the Secretary shall develop a process 

7 for archiving all clearinghouse records, including the 

8 depositing of personal records, records relating to each 

9 individual in the database, and access requests for 

10 personal records, for the purposes of— 

11 ‘‘(A) auditing and evaluating the timeli12 ness, accuracy, and completeness of data in the 

13 clearinghouse; and 

14 ‘‘(B) auditing to monitor compliance and 

15 enforce penalties for noncompliance. 

16 ‘‘(5) FUTURE NEEDS.— 

17 ‘‘(A) INTEROPERABILITY WITH OTHER DATA

18 SYSTEMS.—In establishing the clearinghouse, the 

19 Secretary shall consider— 

20 ‘‘(i) the existing data systems con21 taining regulatory and safety data for com22 mercial motor vehicle operators; 

23 ‘‘(ii) the efficacy of using or combining 

24 clearinghouse data with 1 or more of such 

25 systems; and 
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1 ‘‘(iii) the potential interoperability of 

2 the clearinghouse with such systems. 

3 ‘‘(B) SPECIFIC CONSIDERATIONS.—In car4 rying out subparagraph (A), the Secretary shall 

5 determine— 

6 ‘‘(i) the clearinghouse’s capability for 

7 interoperability with— 

8 ‘‘(I) the National Driver Register 

9 established under section 30302; 

10 ‘‘(II) the Commercial Driver’s Li11 cense Information System established 

12 under section 31309; 

13 ‘‘(III) the Motor Carrier Manage14 ment Information System for pre15 employment screening services under 

16 section 31150; and 

17 ‘‘(IV) other data systems, as ap18 propriate; and 

19 ‘‘(ii) any change to the administration 

20 of the current testing program, such as 

21 forms, that is necessary to collect data for 

22 the clearinghouse. 

23 ‘‘(c) STANDARD FORMATS.—The Secretary shall de24 velop standard formats to be used— 
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1 ‘‘(1) by an authorized user of the clearinghouse 

2 to— 

3 ‘‘(A) request a record from the clearing4 house; and 

5 ‘‘(B) obtain the consent of an individual 

6 who is the subject of a request from the clearing7 house, if applicable; and 

8 ‘‘(2) to notify an individual that a positive alco9 hol or controlled substances test result, refusing to 

10 test, and a violation of any of the prohibitions under 

11 subpart B of part 382 of title 49, Code of Federal 

12 Regulations (or any subsequent corresponding regula13 tions), will be reported to the clearinghouse. 

14 ‘‘(d) PRIVACY.—A release of information from the 

15 clearinghouse shall— 

16 ‘‘(1) comply with applicable Federal privacy 

17 laws, including the fair information practices under 

18 the Privacy Act of 1974 (5 U.S.C. 552a); 

19 ‘‘(2) comply with applicable sections of the Fair 

20 Credit Reporting Act (15 U.S.C. 1681 et seq.); and 

21 ‘‘(3) not be made to any person or entity unless 

22 expressly authorized or required by law. 

23 ‘‘(e) FEES.— 

24 ‘‘(1) AUTHORITY TO COLLECT FEES.—Except as 

25 provided under paragraph (3), the Secretary may col-
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† HR 4348 EAS 

1 lect a reasonable, customary, and nominal fee from 

2 an authorized user of the clearinghouse for a request 

3 for information from the clearinghouse. 

4 ‘‘(2) USE OF FEES.—Fees collected under this 

5 subsection shall be used for the operation and mainte6 nance of the clearinghouse. 

7 ‘‘(3) LIMITATION.—The Secretary may not col8 lect a fee from an individual requesting information 

9 from the clearinghouse that pertains to the record of 

10 that individual. 

11 ‘‘(f) EMPLOYER REQUIREMENTS.— 

12 ‘‘(1) DETERMINATION CONCERNING USE OF

13 CLEARINGHOUSE.—The Secretary shall determine if 

14 an employer is authorized to use the clearinghouse to 

15 meet the alcohol and controlled substances testing re16 quirements under title 49, Code of Federal Regula17 tions. 

18 ‘‘(2) APPLICABILITY OF EXISTING REQUIRE19 MENTS.—Each employer and service agent shall com20 ply with the alcohol and controlled substances testing 

21 requirements under title 49, Code of Federal Regula22 tions. 

23 ‘‘(3) EMPLOYMENT PROHIBITIONS.—Beginning 

24 30 days after the date that the clearinghouse is estab25 lished under subsection (a), an employer shall not 
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1 hire an individual to operate a commercial motor ve2 hicle unless the employer determines that the indi3 vidual, during the preceding 3-year period— 

4 ‘‘(A) if tested for the use of alcohol and con5 trolled substances, as required under title 49, 

6 Code of Federal Regulations— 

7 ‘‘(i) did not test positive for the use of 

8 alcohol or controlled substances in violation 

9 of the regulations; or 

10 ‘‘(ii) tested positive for the use of alco11 hol or controlled substances and completed 

12 the required return-to-duty process under 

13 title 49, Code of Federal Regulations; 

14 ‘‘(B)(i) did not refuse to take an alcohol or 

15 controlled substance test under title 49, Code of 

16 Federal Regulations; or 

17 ‘‘(ii) refused to take an alcohol or con18 trolled substance test and completed the re19 quired return-to-duty process under title 49, 

20 Code of Federal Regulations; and 

21 ‘‘(C) did not violate any other provision of 

22 subpart B of part 382 of title 49, Code of Fed23 eral Regulations (or any subsequent cor24 responding regulations). 
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1 ‘‘(4) ANNUAL REVIEW.—Beginning 30 days after 

2 the date that the clearinghouse is established under 

3 subsection (a), an employer shall request and review 

4 a commercial motor vehicle operator’s record from the 

5 clearinghouse annually for as long as the commercial 

6 motor vehicle operator is under the employ of the em7 ployer. 

8 ‘‘(g) REPORTING OF RECORDS.— 

9 ‘‘(1) IN GENERAL.—Beginning 30 days after the 

10 date that the clearinghouse is established under sub11 section (a), a medical review officer, employer, service 

12 agent, and other appropriate person, as determined 

13 by the Secretary, shall promptly submit to the Sec14 retary any record generated after the clearinghouse is 

15 initiated of an individual who— 

16 ‘‘(A) refuses to take an alcohol or controlled 

17 substances test required under title 49, Code of 

18 Federal Regulations; 

19 ‘‘(B) tests positive for alcohol or a controlled 

20 substance in violation of the regulations; or 

21 ‘‘(C) violates any other provision of subpart 

22 B of part 382 of title 49, Code of Federal Regu23 lations (or any subsequent corresponding regula24 tions). 
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1 ‘‘(2) INCLUSION OF RECORDS IN CLEARING2 HOUSE.—The Secretary shall include in the clearing3 house the records of positive test results and test refus4 als received under paragraph (1). 

5 ‘‘(3) MODIFICATIONS AND DELETIONS.—If the 

6 Secretary determines that a record contained in the 

7 clearinghouse is not accurate, the Secretary shall 

8 modify or delete the record, as appropriate. 

9 ‘‘(4) NOTIFICATION.—The Secretary shall expedi10 tiously notify an individual, unless such notification 

11 would be duplicative, when— 

12 ‘‘(A) a record relating to the individual is 

13 received by the clearinghouse; 

14 ‘‘(B) a record in the clearinghouse relating 

15 to the individual is modified or deleted, and in16 clude in the notification the reason for the modi17 fication or deletion; or 

18 ‘‘(C) a record in the clearinghouse relating 

19 to the individual is released to an employer and 

20 specify the reason for the release. 

21 ‘‘(5) DATA QUALITY AND SECURITY STANDARDS

22 FOR REPORTING AND RELEASING.—The Secretary 

23 may establish additional requirements, as appro24 priate, to ensure that— 
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1 ‘‘(A) the submission of records to the clear2 inghouse is timely and accurate; 

3 ‘‘(B) the release of data from the clearing4 house is timely, accurate, and released to the ap5 propriate authorized user under this section; and 

6 ‘‘(C) an individual with a record in the 

7 clearinghouse has a cause of action for any inap8 propriate use of information included in the 

9 clearinghouse. 

10 ‘‘(6) RETENTION OF RECORDS.—The Secretary 

11 shall— 

12 ‘‘(A) retain a record submitted to the clear13 inghouse for a 5-year period beginning on the 

14 date the record is submitted; 

15 ‘‘(B) remove the record from the clearing16 house at the end of the 5-year period, unless the 

17 individual fails to meet a return-to-duty or fol18 low-up requirement under title 49, Code of Fed19 eral Regulations; and 

20 ‘‘(C) retain a record after the end of the 5- 

21 year period in a separate location for archiving 

22 and auditing purposes. 

23 ‘‘(h) AUTHORIZED USERS.— 
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1 ‘‘(1) EMPLOYERS.—The Secretary shall establish 

2 a process for an employer to request and receive an 

3 individual’s record from the clearinghouse. 

4 ‘‘(A) CONSENT.—An employer may not ac5 cess an individual’s record from the clearing6 house unless the employer— 

7 ‘‘(i) obtains the prior written or elec8 tronic consent of the individual for access to 

9 the record; and 

10 ‘‘(ii) submits proof of the individual’s 

11 consent to the Secretary. 

12 ‘‘(B) ACCESS TO RECORDS.—After receiving 

13 a request from an employer for an individual’s 

14 record under subparagraph (A), the Secretary 

15 shall grant access to the individual’s record to 

16 the employer as expeditiously as practicable. 

17 ‘‘(C) RETENTION OF RECORD REQUESTS.— 

18 The Secretary shall require an employer to re19 tain for a 3-year period— 

20 ‘‘(i) a record of each request made by 

21 the employer for records from the clearing22 house; and 

23 ‘‘(ii) the information received pursuant 

24 to the request. 
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† HR 4348 EAS 

1 ‘‘(D) USE OF RECORDS.—An employer may 

2 use an individual’s record received from the 

3 clearinghouse only to assess and evaluate the 

4 qualifications of the individual to operate a com5 mercial motor vehicle for the employer. 

6 ‘‘(E) PROTECTION OF PRIVACY OF INDIVID7 UALS.—An employer that receives an individ8 ual’s record from the clearinghouse under sub9 paragraph (B) shall— 

10 ‘‘(i) protect the privacy of the indi11 vidual and the confidentiality of the record; 

12 and 

13 ‘‘(ii) ensure that information con14 tained in the record is not divulged to a 

15 person or entity that is not directly in16 volved in assessing and evaluating the 

17 qualifications of the individual to operate a 

18 commercial motor vehicle for the employer. 

19 ‘‘(2) STATE LICENSING AUTHORITIES.—The Sec20 retary shall establish a process for the chief commer21 cial driver’s licensing official of a State to request 

22 and receive an individual’s record from the clearing23 house if the individual is applying for a commercial 

24 driver’s license from the State. 
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† HR 4348 EAS 

1 ‘‘(A) CONSENT.—The Secretary may grant 

2 access to an individual’s record in the clearing3 house under this paragraph without the prior 

4 written or electronic consent of the individual. 

5 An individual who holds a commercial driver’s 

6 license shall be deemed to consent to such access 

7 by obtaining a commercial driver’s license. 

8 ‘‘(B) PROTECTION OF PRIVACY OF INDIVID9 UALS.—A chief commercial driver’s licensing of10 ficial of a State that receives an individual’s 

11 record from the clearinghouse under this para12 graph shall— 

13 ‘‘(i) protect the privacy of the indi14 vidual and the confidentiality of the record; 

15 and 

16 ‘‘(ii) ensure that the information in the 

17 record is not divulged to any person that is 

18 not directly involved in assessing and evalu19 ating the qualifications of the individual to 

20 operate a commercial motor vehicle. 

21 ‘‘(3) NATIONAL TRANSPORTATION SAFETY

22 BOARD.—The Secretary shall establish a process for 

23 the National Transportation Safety Board to request 

24 and receive an individual’s record from the clearing25 house if the individual is involved in an accident that 
1132 

† HR 4348 EAS 

1 is under investigation by the National Transportation 

2 Safety Board. 

3 ‘‘(A) CONSENT.—The Secretary may grant 

4 access to an individual’s record in the clearing5 house under this paragraph without the prior 

6 written or electronic consent of the individual. 

7 An individual who holds a commercial driver’s 

8 license shall be deemed to consent to such access 

9 by obtaining a commercial driver’s license. 

10 ‘‘(B) PROTECTION OF PRIVACY OF INDIVID11 UALS.—An official of the National Transpor12 tation Safety Board that receives an individual’s 

13 record from the clearinghouse under this para14 graph shall— 

15 ‘‘(i) protect the privacy of the indi16 vidual and the confidentiality of the record; 

17 and 

18 ‘‘(ii) unless the official determines that 

19 the information in the individual’s record 

20 should be reported under section 1131(e), 

21 ensure that the information in the record is 

22 not divulged to any person that is not di23 rectly involved with investigating the acci24 dent. 
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† HR 4348 EAS 

1 ‘‘(4) ADDITIONAL AUTHORIZED USERS.—The 

2 Secretary shall consider whether to grant access to the 

3 clearinghouse to additional users. The Secretary may 

4 authorize access to an individual’s record from the 

5 clearinghouse to an additional user if the Secretary 

6 determines that granting access will further the pur7 poses under subsection (a)(2). In determining whether 

8 the access will further the purposes under subsection 

9 (a)(2), the Secretary shall consider, among other 

10 things— 

11 ‘‘(A) what use the additional user will make 

12 of the individual’s record; 

13 ‘‘(B) the costs and benefits of the use; and 

14 ‘‘(C) how to protect the privacy of the indi15 vidual and the confidentiality of the record. 

16 ‘‘(i) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall establish 

18 a process for an individual to request and receive in19 formation from the clearinghouse— 

20 ‘‘(A) to determine whether the clearinghouse 

21 contains a record pertaining to the individual; 

22 ‘‘(B) to verify the accuracy of a record; 

23 ‘‘(C) to update an individual’s record, in24 cluding completing the return-to-duty process de-
1134 

† HR 4348 EAS 

1 scribed in title 49, Code of Federal Regulations; 

2 and 

3 ‘‘(D) to determine whether the clearinghouse 

4 received requests for the individual’s informa5 tion. 

6 ‘‘(2) DISPUTE PROCEDURE.—The Secretary shall 

7 establish a procedure, including an appeal process, for 

8 an individual to dispute and remedy an administra9 tive error in the individual’s record. 

10 ‘‘(j) PENALTIES.— 

11 ‘‘(1) IN GENERAL.—An employer, employee, med12 ical review officer, or service agent who violates any 

13 provision of this section shall be subject to civil pen14 alties under section 521(b)(2)(C) and criminal pen15 alties under section 521(b)(6)(B), and any other ap16 plicable civil and criminal penalties, as determined 

17 by the Secretary. 

18 ‘‘(2) VIOLATION OF PRIVACY.—The Secretary 

19 shall establish civil and criminal penalties, consistent 

20 with paragraph (1), for an authorized user who vio21 lates paragraph (2)(B) or (3)(B) of subsection (h). 

22 ‘‘(k) COMPATIBILITY OF STATE AND LOCAL LAWS.— 

23 ‘‘(1) PREEMPTION.—Except as provided under 

24 paragraph (2), any law, regulation, order, or other 

25 requirement of a State, political subdivision of a 
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† HR 4348 EAS 

1 State, or Indian tribe related to a commercial driver’s 

2 license holder subject to alcohol or controlled substance 

3 testing under title 49, Code of Federal Regulations, 

4 that is inconsistent with this section or a regulation 

5 issued pursuant to this section is preempted. 

6 ‘‘(2) APPLICABILITY.—The preemption under 

7 paragraph (1) shall include— 

8 ‘‘(A) the reporting of valid positive results 

9 from alcohol screening tests and drug tests; 

10 ‘‘(B) the refusal to provide a specimen for 

11 an alcohol screening test or drug test; and 

12 ‘‘(C) other violations of subpart B of part 

13 382 of title 49, Code of Federal Regulations (or 

14 any subsequent corresponding regulations). 

15 ‘‘(3) EXCEPTION.—A law, regulation, order, or 

16 other requirement of a State, political subdivision of 

17 a State, or Indian tribe shall not be preempted under 

18 this subsection to the extent it relates to an action 

19 taken with respect to a commercial motor vehicle op20 erator’s commercial driver’s license or driving record 

21 as a result of the driver’s— 

22 ‘‘(A) verified positive alcohol or drug test 

23 result; 

24 ‘‘(B) refusal to provide a specimen for the 

25 test; or 
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1 ‘‘(C) other violations of subpart B of part 

2 382 of title 49, Code of Federal Regulations (or 

3 any subsequent corresponding regulations). 

4 ‘‘(l) DEFINITIONS.—In this section— 

5 ‘‘(1) AUTHORIZED USER.—The term ‘authorized 

6 user’ means an employer, State licensing authority, 

7 National Transportation Safety Board, or other per8 son granted access to the clearinghouse under sub9 section (h). 

10 ‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING

11 OFFICIAL.—The term ‘chief commercial driver’s li12 censing official’ means the official in a State who is 

13 authorized to— 

14 ‘‘(A) maintain a record about commercial 

15 driver’s licenses issued by the State; and 

16 ‘‘(B) take action on commercial driver’s li17 censes issued by the State. 

18 ‘‘(3) CLEARINGHOUSE.—The term ‘clearinghouse’ 

19 means the clearinghouse established under subsection 

20 (a). 

21 ‘‘(4) COMMERCIAL MOTOR VEHICLE OPERATOR.— 

22 The term ‘commercial motor vehicle operator’ means 

23 an individual who— 
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† HR 4348 EAS 

1 ‘‘(A) possesses a valid commercial driver’s 

2 license issued in accordance with section 31308; 

3 and 

4 ‘‘(B) is subject to controlled substances and 

5 alcohol testing under title 49, Code of Federal 

6 Regulations. 

7 ‘‘(5) EMPLOYER.—The term ‘employer’ means a 

8 person or entity employing, or seeking to employ, 1 

9 or more employees (including an individual who is 

10 self-employed) to be commercial motor vehicle opera11 tors. 

12 ‘‘(6) MEDICAL REVIEW OFFICER.—The term 

13 ‘medical review officer’ means a licensed physician 

14 who is responsible for— 

15 ‘‘(A) receiving and reviewing a laboratory 

16 result generated under the testing program; 

17 ‘‘(B) evaluating a medical explanation for a 

18 controlled substances test under title 49, Code of 

19 Federal Regulations; and 

20 ‘‘(C) interpreting the results of a controlled 

21 substances test. 

22 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

23 the Secretary of Transportation. 

24 ‘‘(8) SERVICE AGENT.—The term ‘service agent’ 

25 means a person or entity, other than an employee of 
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† HR 4348 EAS 

1 the employer, who provides services to employers or 

2 employees under the testing program. 

3 ‘‘(9) TESTING PROGRAM.—The term ‘testing pro4 gram’ means the alcohol and controlled substances 

5 testing program required under title 49, Code of Fed6 eral Regulations.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 chapter 313 is amended by inserting after the item relating 

9 to section 31306 the following: 

‘‘31306a. National clearinghouse for positive controlled substance and alcohol test 

results of commercial motor vehicle operators.’’. 

10 SEC. 32403. DRUG AND ALCOHOL VIOLATION SANCTIONS. 

11 Chapter 313 is amended— 

12 (1) by redesignating section 31306(f) as 

13 31306(f)(1); and 

14 (2) by inserting after section 31306(f)(1) the fol15 lowing: 

16 ‘‘(2) ADDITIONAL SANCTIONS.—The Secretary 

17 may require a State to revoke, suspend, or cancel the 

18 commercial driver’s license of a commercial motor ve19 hicle operator who is found, based on a test conducted 

20 and confirmed under this section, to have used alcohol 

21 or a controlled substance in violation of law until the 

22 commercial motor vehicle operator completes the reha23 bilitation process under subsection (e).’’; and 
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† HR 4348 EAS 

1 (3) by amending section 31310(d) to read as fol2 lows: 

3 ‘‘(d) CONTROLLED SUBSTANCE VIOLATIONS.—The 

4 Secretary may permanently disqualify an individual from 

5 operating a commercial vehicle if the individual— 

6 ‘‘(1) uses a commercial motor vehicle in the com7 mission of a felony involving manufacturing, distrib8 uting, or dispensing a controlled substance, or posses9 sion with intent to manufacture, distribute, or dis10 pense a controlled substance; or 

11 ‘‘(2) uses alcohol or a controlled substance, in 

12 violation of section 31306, 3 or more times.’’. 

13 SEC. 32404. AUTHORIZATION OF APPROPRIATIONS. 

14 From the funds authorized to be appropriated under 

15 section 31104(h) of title 49, United States Code, up to 

16 $5,000,000 is authorized to be appropriated from the High17 way Trust Fund (other than the Mass Transit Account) for 

18 the Secretary of Transportation to develop, design, and im19 plement the national clearinghouse required by section 

20 32402 of this Act. 

21 Subtitle E—Enforcement 

22 SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CRE23 DENTIALS. 

24 (a) SAFETY INVESTIGATIONS.—Section 504(c) is 

25 amended— 
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† HR 4348 EAS 

1 (1) by inserting ‘‘, or an employee of the recipi2 ent of a grant issued under section 31102 of this title’’ 

3 after ‘‘a contractor’’; and 

4 (2) by inserting ‘‘, in person or in writing’’ after 

5 ‘‘proper credentials’’. 

6 (b) CIVIL PENALTY.—Section 521(b)(2)(E) is amend7 ed— 

8 (1) by redesignating subparagraph (E) as sub9 paragraph (E)(i); and 

10 (2) by adding at the end the following: 

11 ‘‘(ii) PLACE OUT OF SERVICE.—The 

12 Secretary may by regulation adopt proce13 dures for placing out of service the commer14 cial motor vehicle of a foreign-domiciled 

15 motor carrier that fails to promptly allow 

16 the Secretary to inspect and copy a record 

17 or inspect equipment, land, buildings, or 

18 other property.’’. 

19 (c) HAZARDOUS MATERIALS INVESTIGATIONS.—Sec20 tion 5121(c)(2) is amended by inserting ‘‘, in person or in 

21 writing,’’ after ‘‘proper credentials’’. 

22 (d) COMMERCIAL INVESTIGATIONS.—Section 14122(b) 

23 is amended by inserting ‘‘, in person or in writing’’ after 

24 ‘‘proper credentials’’. 
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† HR 4348 EAS 

1 SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF AC2 CESS TO RECORDS. 

3 Section 521(b)(2)(E) is amended— 

4 (1) by inserting after ‘‘$10,000.’’ the following: 

5 ‘‘In the case of a motor carrier, the Secretary may 

6 also place the violator’s motor carrier operations out 

7 of service.’’; and 

8 (2) by striking ‘‘such penalty’’ after ‘‘It shall be 

9 a defense to’’ and inserting ‘‘a penalty’’. 

10 SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT 

11 OF SERVICE ORDERS. 

12 Section 521(b)(2) is amended by adding at the end the 

13 following: 

14 ‘‘(F) PENALTY FOR VIOLATIONS RELATING

15 TO OUT OF SERVICE ORDERS.—A motor carrier 

16 or employer (as defined in section 31132) that 

17 operates a commercial motor vehicle in commerce 

18 in violation of a prohibition on transportation 

19 under section 31144(c) of this title or an immi20 nent hazard out of service order issued under 

21 subsection (b)(5) of this section or section 

22 5121(d) of this title shall be liable for a civil 

23 penalty not to exceed $25,000.’’. 
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1 SEC. 32504. MINIMUM PROHIBITION ON OPERATION FOR 

2 UNFIT CARRIERS. 

3 (a) IN GENERAL.—Section 31144(c)(1) is amended by 

4 inserting ‘‘, and such period shall be for not less than 10 

5 days’’ after ‘‘operator is fit’’. 

6 (b) OWNERS OR OPERATORS TRANSPORTING PAS7 SENGERS.—Section 31144(c)(2) is amended by inserting ‘‘, 

8 and such period shall be for not less than 10 days’’ after 

9 ‘‘operator is fit’’. 

10 (c) OWNERS OR OPERATORS TRANSPORTING HAZ11 ARDOUS MATERIAL.—Section 31144(c)(3) is amended by 

12 inserting before the period at the end of the first sentence 

13 the following: ‘‘, and such period shall be for not less than 

14 10 days’’. 

15 SEC. 32505. MINIMUM OUT OF SERVICE PENALTIES. 

16 Section 521(b)(7) is amended by adding at the end the 

17 following: 

18 ‘‘The penalties may include a minimum duration for 

19 any out of service period, not to exceed 90 days.’’. 

20 SEC. 32506. IMPOUNDMENT AND IMMOBILIZATION OF COM21 MERCIAL MOTOR VEHICLES FOR IMMINENT 

22 HAZARD. 

23 Section 521(b) is amended by adding at the end the 

24 following: 

25 ‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR

26 VEHICLES.— 
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1 ‘‘(A) ENFORCEMENT OF IMMINENT HAZARD

2 OUT-OF-SERVICE ORDERS.— 

3 ‘‘(i) The Secretary, or an authorized 

4 State official carrying out motor carrier 

5 safety enforcement activities under section 

6 31102, may enforce an imminent hazard 

7 out-of-service order issued under chapters 5, 

8 51, 131 through 149, 311, 313, or 315 of 

9 this title, or a regulation promulgated there10 under, by towing and impounding a com11 mercial motor vehicle until the order is re12 scinded. 

13 ‘‘(ii) Enforcement shall not unreason14 ably interfere with the ability of a shipper, 

15 carrier, broker, or other party to arrange 

16 for the alternative transportation of any 

17 cargo or passenger being transported at the 

18 time the commercial motor vehicle is immo19 bilized. In the case of a commercial motor 

20 vehicle transporting passengers, the Sec21 retary or authorized State official shall pro22 vide reasonable, temporary, and secure shel23 ter and accommodations for passengers in 

24 transit. 
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1 ‘‘(iii) The Secretary’s designee or an 

2 authorized State official carrying out motor 

3 carrier safety enforcement activities under 

4 section 31102, shall immediately notify the 

5 owner of a commercial motor vehicle of the 

6 impoundment and the opportunity for re7 view of the impoundment. A review shall be 

8 provided in accordance with section 554 of 

9 title 5, except that the review shall occur not 

10 later than 10 days after the impoundment. 

11 ‘‘(B) ISSUANCE OF REGULATIONS.—The 

12 Secretary shall promulgate regulations on the 

13 use of impoundment or immobilization of com14 mercial motor vehicles as a means of enforcing 

15 additional out-of-service orders issued under 

16 chapters 5, 51, 131 through 149, 311, 313, or 

17 315 of this title, or a regulation promulgated 

18 thereunder. Regulations promulgated under this 

19 subparagraph shall include consideration of pub20 lic safety, the protection of passengers and cargo, 

21 inconvenience to passengers, and the security of 

22 the commercial motor vehicle. 

23 ‘‘(C) DEFINITION.—In this paragraph, the 

24 term ‘impoundment’ or ’impounding’ means the 

25 seizing and taking into custody of a commercial 
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1 motor vehicle or the immobilizing of a commer2 cial motor vehicle through the attachment of a 

3 locking device or other mechanical or electronic 

4 means.’’. 

5 SEC. 32507. INCREASED PENALTIES FOR EVASION OF REGU6 LATIONS. 

7 (a) PENALTIES.—Section 524 is amended— 

8 (1) by striking ‘‘knowingly and willfully’’; 

9 (2) by inserting after ‘‘this chapter’’ the fol10 lowing: ‘‘, chapter 51, subchapter III of chapter 311 

11 (except sections 31138 and 31139) or section 31302, 

12 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of 

13 this title, or a regulation issued under any of those 

14 provisions,’’; 

15 (3) by striking ‘‘$200 but not more than $500’’ 

16 and inserting ‘‘$2,000 but not more than $5,000’’; 

17 and 

18 (4) by striking ‘‘$250 but not more than $2,000’’ 

19 and inserting ‘‘$2,500 but not more than $7,500’’. 

20 (b) EVASION OF REGULATION.—Section 14906 is 

21 amended— 

22 (1) by striking ‘‘$200’’ and inserting ‘‘at least 

23 $2,000’’; 

24 (2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; 

25 and 
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1 (3) by inserting after ‘‘a subsequent violation’’ 

2 the following: 

3 ‘‘, and may be subject to criminal penalties’’. 

4 SEC. 32508. FAILURE TO PAY CIVIL PENALTY AS A DIS5 QUALIFYING OFFENSE. 

6 (a) IN GENERAL.—Chapter 311 is amended by insert7 ing after section 31151 the following: 

8 ‘‘§ 31152. Disqualification for failure to pay 

9 ‘‘An individual assessed a civil penalty under this 

10 chapter, or chapters 5, 51, or 149 of this title, or a regula11 tion issued under any of those provisions, who fails to pay 

12 the penalty or fails to comply with the terms of a settlement 

13 with the Secretary, shall be disqualified from operating a 

14 commercial motor vehicle after the individual is notified 

15 in writing and is given an opportunity to respond. A dis16 qualification shall continue until the penalty is paid, or 

17 the individual complies with the terms of the settlement, 

18 unless the nonpayment is because the individual is a debtor 

19 in a case under chapter 11 of title 11, United States Code.’’. 

20 (b) TECHNICAL AMENDMENTS.—Section 31310, as 

21 amended by sections 32206 and 32310 of this Act, is amend22 ed— 

23 (1) by redesignating subsections (h) through (k) 

24 as subsections (i) through (l), respectively; and 
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1 (2) by inserting after subsection (g) the fol2 lowing: 

3 ‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.—The 

4 Secretary shall disqualify from operating a commercial 

5 motor vehicle any individual who fails to pay a civil pen6 alty within the prescribed period, or fails to conform to the 

7 terms of a settlement with the Secretary. A disqualification 

8 shall continue until the penalty is paid, or the individual 

9 conforms to the terms of the settlement, unless the non10 payment is because the individual is a debtor in a case 

11 under chapter 11 of title 11, United States Code.’’; and 

12 (3) in subsection (i), as redesignated, by striking 

13 ‘‘Notwithstanding subsections (b) through (g)’’ and 

14 inserting ‘‘Notwithstanding subsections (b) through 

15 (h)’’. 

16 (c) CONFORMING AMENDMENT.—The analysis of chap17 ter 311 is amended by inserting after the item relating to 

18 section 31151 the following: 

‘‘31152. Disqualification for failure to pay.’’. 

19 SEC. 32509. VIOLATIONS RELATING TO COMMERCIAL 

20 MOTOR VEHICLE SAFETY REGULATION AND 

21 OPERATORS. 

22 Section 521(b)(2)(D) is amended by striking ‘‘ability 

23 to pay,’’. 
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1 SEC. 32510. EMERGENCY DISQUALIFICATION FOR IMMI2 NENT HAZARD. 

3 Section 31310(f) is amended— 

4 (1) in paragraph (1) by inserting ‘‘section 521 

5 or’’ before ‘‘section 5102’’; and 

6 (2) in paragraph (2) by inserting ‘‘section 521 

7 or’’ before ‘‘section 5102’’. 

8 SEC. 32511. INTRASTATE OPERATIONS OF INTERSTATE 

9 MOTOR CARRIERS. 

10 (a) PROHIBITED TRANSPORTATION.—Section 

11 521(b)(5) is amended by inserting after subparagraph (B) 

12 the following: 

13 ‘‘(C) If an employee, vehicle, or all or part 

14 of an employer’s commercial motor vehicle oper15 ations is ordered out of service under paragraph 

16 (5)(A), the commercial motor vehicle operations 

17 of the employee, vehicle, or employer that affect 

18 interstate commerce are also prohibited.’’. 

19 (b) PROHIBITION ON OPERATION IN INTERSTATE COM20 MERCE AFTER NONPAYMENT OF PENALTIES.—Section 

21 521(b)(8) is amended— 

22 (1) by redesignating subparagraph (B) as sub23 paragraph (C); and 

24 (2) by inserting after subparagraph (A) the fol25 lowing: 
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1 ‘‘(B) ADDITIONAL PROHIBITION.—A person 

2 prohibited from operating in interstate commerce 

3 under paragraph (8)(A) may not operate any 

4 commercial motor vehicle where the operation af5 fects interstate commerce.’’. 

6 SEC. 32512. ENFORCEMENT OF SAFETY LAWS AND REGULA7 TIONS. 

8 (a) ENFORCEMENT OF SAFETY LAWS AND REGULA9 TIONS.—Chapter 311, as amended by sections 32113 and 

10 32508 of this Act, is amended by adding after section 31153 

11 the following: 

12 ‘‘§ 31154. Enforcement of safety laws and regulations 

13 ‘‘(a) IN GENERAL.—The Secretary may bring a civil 

14 action to enforce this part, or a regulation or order of the 

15 Secretary under this part, when violated by an employer, 

16 employee, or other person providing transportation or serv17 ice under this subchapter or subchapter I. 

18 ‘‘(b) VENUE.—In a civil action under subsection (a)— 

19 ‘‘(1) trial shall be in the judicial district in 

20 which the employer, employee, or other person oper21 ates; 

22 ‘‘(2) process may be served without regard to the 

23 territorial limits of the district or of the State in 

24 which the action is instituted; and 
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1 ‘‘(3) a person participating with a carrier or 

2 broker in a violation may be joined in the civil action 

3 without regard to the residence of the person.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis of chap5 ter 311 is amended by inserting after the item relating to 

6 section 31153 the following: 

‘‘31154. Enforcement of safety laws and regulations.’’. 

7 SEC. 32513. DISCLOSURE TO STATE AND LOCAL LAW EN8 FORCEMENT AGENCIES. 

9 Section 31106(e) is amended— 

10 (1) by redesignating subsection (e) as subsection 

11 (e)(1); and 

12 (2) by inserting at the end the following: 

13 ‘‘(2) IN GENERAL.—Notwithstanding any prohi14 bition on disclosure of information in section 

15 31105(h) or 31143(b) of this title or section 552a of 

16 title 5, the Secretary may disclose information main17 tained by the Secretary pursuant to chapters 51, 135, 

18 311, or 313 of this title to appropriate personnel of 

19 a State agency or instrumentality authorized to carry 

20 out State commercial motor vehicle safety activities 

21 and commercial driver’s license laws, or appropriate 

22 personnel of a local law enforcement agency, in ac23 cordance with standards, conditions, and procedures 

24 as determined by the Secretary. Disclosure under this 

25 section shall not operate as a waiver by the Secretary 
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1 of any applicable privilege against disclosure under 

2 common law or as a basis for compelling disclosure 

3 under section 552 of title 5.’’. 

4 SEC. 32514. GRADE CROSSING SAFETY REGULATIONS. 

5 Section 112(2) of the Hazardous Materials Transpor6 tation Authorization Act of 1994 (Public Law 103–311) is 

7 amended by striking ‘‘315 of such title (relating to motor 

8 carrier safety)’’ and inserting ‘‘311 of such title (relating 

9 to commercial motor vehicle safety)’’. 

10 Subtitle F—Compliance, Safety, 

11 Accountability 

12 SEC. 32601. COMPLIANCE, SAFETY, ACCOUNTABILITY. 

13 (a) IN GENERAL.—Section 31102 is amended— 

14 (1) by amending the section heading to read: 

15 ‘‘§ 31102. Compliance, safety, and accountability 

16 grants’’; 

17 (2) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) GENERAL AUTHORITY.—Subject to this section, 

20 the Secretary of Transportation shall make and administer 

21 a compliance, safety, and accountability grant program to 

22 assist States, local governments, and other entities and per23 sons with motor carrier safety and enforcement on high24 ways and other public roads, new entrant safety audits, 

25 border enforcement, hazardous materials safety and secu-
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1 rity, consumer protection and household goods enforcement, 

2 and other programs and activities required to improve the 

3 safety of motor carriers as determined by the Secretary. The 

4 Secretary shall allocate funding in accordance with section 

5 31104 of this title.’’; 

6 (3) in subsection (b)— 

7 (A) by amending the heading to read as fol8 lows: 

9 ‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE PRO10 GRAM.—’’; 

11 (B) by redesignating paragraphs (1) 

12 through (3) as (2) through (4), respectively; 

13 (C) by inserting before paragraph (2), as 

14 redesignated, the following: 

15 ‘‘(1) PROGRAM GOAL.—The goal of the Motor 

16 Carrier Safety Assistance Program is to ensure that 

17 the Secretary, States, local government agencies, and 

18 other political jurisdictions work in partnership to es19 tablish programs to improve motor carrier, commer20 cial motor vehicle, and driver safety to support a safe 

21 and efficient surface transportation system by— 

22 ‘‘(A) making targeted investments to pro23 mote safe commercial motor vehicle transpor24 tation, including transportation of passengers 

25 and hazardous materials; 
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1 ‘‘(B) investing in activities likely to gen2 erate maximum reductions in the number and 

3 severity of commercial motor vehicle crashes and 

4 fatalities resulting from such crashes; 

5 ‘‘(C) adopting and enforcing effective motor 

6 carrier, commercial motor vehicle, and driver 

7 safety regulations and practices consistent with 

8 Federal requirements; and 

9 ‘‘(D) assessing and improving statewide 

10 performance by setting program goals and meet11 ing performance standards, measures, and bench12 marks.’’; 

13 (D) in paragraph (2), as redesignated— 

14 (i) by striking ‘‘make a declaration of’’ 

15 in subparagraph (I) and inserting ‘‘dem16 onstrate’’; 

17 (ii) by amending subparagraph (M) to 

18 read as follows: 

19 ‘‘(M) ensures participation in appropriate 

20 Federal Motor Carrier Safety Administration 

21 systems and other information systems by all ap22 propriate jurisdictions receiving Motor Carrier 

23 Safety Assistance Program funding;’’; 
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1 (iii) in subparagraph (Q), by inserting 

2 ‘‘and dedicated sufficient resources to’’ be3 tween ‘‘established’’ and ‘‘a program’’; 

4 (iv) in subparagraph (W), by striking 

5 ‘‘and’’ after the semicolon; 

6 (v) by amending subparagraph (X) to 

7 read as follows: 

8 ‘‘(X) except in the case of an imminent or 

9 obvious safety hazard, ensures that an inspection 

10 of a vehicle transporting passengers for a motor 

11 carrier of passengers is conducted at a station, 

12 terminal, border crossing, maintenance facility, 

13 destination, weigh station, rest stop, turnpike 

14 service area, or a location where adequate food, 

15 shelter, and sanitation facilities are available for 

16 passengers, and reasonable accommodation is 

17 available for passengers with disabilities; and’’; 

18 and 

19 (vi) by adding after subparagraph (X) 

20 the following: 

21 ‘‘(Y) ensures that the State will transmit to 

22 its roadside inspectors the notice of each Federal 

23 exemption granted pursuant to section 31315(b) 

24 and provided to the State by the Secretary, in25 cluding the name of the person granted the ex-
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1 emption and any terms and conditions that 

2 apply to the exemption.’’; and 

3 (E) by amending paragraph (4), as redesig4 nated, to read as follows: 

5 ‘‘(4) MAINTENANCE OF EFFORT.— 

6 ‘‘(A) IN GENERAL.—A plan submitted by a 

7 State under paragraph (2) shall provide that the 

8 total expenditure of amounts of the lead State 

9 agency responsible for implementing the plan 

10 will be maintained at a level at least equal to the 

11 average level of that expenditure for fiscal years 

12 2004 and 2005. 

13 ‘‘(B) AVERAGE LEVEL OF STATE EXPENDI14 TURES.—In estimating the average level of State 

15 expenditure under subparagraph (A), the Sec16 retary— 

17 ‘‘(i) may allow the State to exclude 

18 State expenditures for Government-spon19 sored demonstration or pilot programs; and 

20 ‘‘(ii) shall require the State to exclude 

21 State matching amounts used to receive 

22 Government financing under this sub23 section. 

24 ‘‘(C) WAIVER.—Upon the request of a State, 

25 the Secretary may waive or modify the require-
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1 ments of this paragraph for 1 fiscal year, if the 

2 Secretary determines that a waiver is equitable 

3 due to exceptional or uncontrollable cir4 cumstances, such as a natural disaster or a seri5 ous decline in the financial resources of the State 

6 motor carrier safety assistance program agen7 cy.’’; 

8 (4) by redesignating subsection (e) as subsection 

9 (h); and 

10 (5) by inserting after subsection (d) the fol11 lowing: 

12 ‘‘(e) NEW ENTRANT SAFETY ASSURANCE PROGRAM.— 

13 ‘‘(1) PROGRAM GOAL.—The Secretary may make 

14 grants to States and local governments for pre-author15 ization safety audits and new entrant motor carrier 

16 audits as described in section 31144(g). 

17 ‘‘(2) RECIPIENTS.—Grants made in support of 

18 this program may be provided to States and local 

19 governments. 

20 ‘‘(3) FEDERAL SHARE.—The Federal share of a 

21 grant made under this program is 100 percent. 

22 ‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activities 

23 will be in accordance with criteria developed by the 

24 Secretary and posted in the Federal Register in ad25 vance of the grant application period. 
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1 ‘‘(5) DETERMINATION.—If the Secretary deter2 mines that a State or local government is unable to 

3 conduct a new entrant motor carrier audit, the Sec4 retary may use the funds to conduct the audit. 

5 ‘‘(f) BORDER ENFORCEMENT.— 

6 ‘‘(1) PROGRAM GOAL.—The Secretary of Trans7 portation may make a grant for carrying out border 

8 commercial motor vehicle safety programs and related 

9 enforcement activities and projects. 

10 ‘‘(2) RECIPIENTS.—The Secretary of Transpor11 tation may make a grant to an entity, State, or other 

12 person for carrying out border commercial motor ve13 hicle safety programs and related enforcement activi14 ties and projects. 

15 ‘‘(3) FEDERAL SHARE.—The Secretary shall re16 imburse a grantee at least 100 percent of the costs in17 curred in a fiscal year for carrying out border com18 mercial motor vehicle safety programs and related en19 forcement activities and projects. 

20 ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 

21 will be in accordance with criteria developed by the 

22 Secretary and posted in the Federal Register in ad23 vance of the grant application period. 

24 ‘‘(g) HIGH PRIORITY INITIATIVES.— 
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1 ‘‘(1) PROGRAM GOAL.—The Secretary may make 

2 grants to carry out high priority activities and 

3 projects that improve commercial motor vehicle safety 

4 and compliance with commercial motor vehicle safety 

5 regulations, including activities and projects that— 

6 ‘‘(A) are national in scope; 

7 ‘‘(B) increase public awareness and edu8 cation; 

9 ‘‘(C) target unsafe driving of commercial 

10 motor vehicles and non-commercial motor vehi11 cles in areas identified as high risk crash cor12 ridors; 

13 ‘‘(D) improve consumer protection and en14 forcement of household goods regulations; 

15 ‘‘(E) improve the movement of hazardous 

16 materials safely and securely, including activi17 ties related to the establishment of uniform forms 

18 and application procedures that improve the ac19 curacy, timeliness, and completeness of commer20 cial motor vehicle safety data reported to the 

21 Secretary; or 

22 ‘‘(F) demonstrate new technologies to im23 prove commercial motor vehicle safety. 

24 ‘‘(2) RECIPIENTS.—The Secretary may allocate 

25 amounts to award grants to State agencies, local gov-
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1 ernments, and other persons for carrying out high 

2 priority activities and projects that improve commer3 cial motor vehicle safety and compliance with com4 mercial motor vehicle safety regulations in accordance 

5 with the program goals specified in paragraph (1). 

6 ‘‘(3) FEDERAL SHARE.—The Secretary shall re7 imburse a grantee at least 80 percent of the costs in8 curred in a fiscal year for carrying out the high pri9 ority activities or projects. 

10 ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 

11 will be in accordance with criteria that is— 

12 ‘‘(A) developed by the Secretary; and 

13 ‘‘(B) posted in the Federal Register in ad14 vance of the grant application period.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis of chap16 ter 311 is amended by striking the item relating to section 

17 31102 and inserting the following: 

‘‘31102. Compliance, safety, and accountability grants.’’. 

18 SEC. 32602. PERFORMANCE AND REGISTRATION INFORMA19 TION SYSTEMS MANAGEMENT PROGRAM. 

20 Section 31106(b) is amended— 

21 (1) by amending paragraph (3)(C) to read as 

22 follows— 

23 ‘‘(C) establish and implement a process— 

24 ‘‘(i) to cancel the motor vehicle reg25 istration and seize the registration plates of 
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1 a vehicle when an employer is found liable 

2 under section 31310(j)(2)(C) for knowingly 

3 allowing or requiring an employee to oper4 ate such a commercial motor vehicle in vio5 lation of an out-of-service order; and 

6 ‘‘(ii) to reinstate the vehicle registra7 tion or return the registration plates of the 

8 commercial motor vehicle, subject to sanc9 tions under clause (i), if the Secretary per10 mits such carrier to resume operations after 

11 the date of issuance of such order.’’; and 

12 (2) by striking paragraph (4). 

13 SEC. 32603. COMMERCIAL MOTOR VEHICLE DEFINED. 

14 Section 31101(1) is amended to read as follows: 

15 ‘‘(1) ‘commercial motor vehicle’ means (except 

16 under section 31106) a self-propelled or towed vehicle 

17 used on the highways in commerce to transport pas18 sengers or property, if the vehicle— 

19 ‘‘(A) has a gross vehicle weight rating or 

20 gross vehicle weight of at least 10,001 pounds, 

21 whichever is greater; 

22 ‘‘(B) is designed or used to transport more 

23 than 8 passengers, including the driver, for com24 pensation; 
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1 ‘‘(C) is designed or used to transport more 

2 than 15 passengers, including the driver, and is 

3 not used to transport passengers for compensa4 tion; or 

5 ‘‘(D) is used in transporting material found 

6 by the Secretary of Transportation to be haz7 ardous under section 5103 and transported in a 

8 quantity requiring placarding under regulations 

9 prescribed by the Secretary under section 5103.’’. 

10 SEC. 32604. DRIVER SAFETY FITNESS RATINGS. 

11 Section 31144, as amended by section 32204 of this 

12 Act, is amended by adding at the end the following: 

13 ‘‘(i) COMMERCIAL MOTOR VEHICLE DRIVERS.—The 

14 Secretary may maintain by regulation a procedure for de15 termining the safety fitness of a commercial motor vehicle 

16 driver and for prohibiting the driver from operating in 

17 interstate commerce. The procedure and prohibition shall 

18 include the following: 

19 ‘‘(1) Specific initial and continuing require20 ments that a driver must comply with to demonstrate 

21 safety fitness. 

22 ‘‘(2) The methodology and continually updated 

23 safety performance data that the Secretary will use to 

24 determine whether a driver is fit, including inspec-
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1 tion results, serious traffic offenses, and crash involve2 ment data. 

3 ‘‘(3) Specific time frames within which the Sec4 retary will determine whether a driver is fit. 

5 ‘‘(4) A prohibition period or periods, not to ex6 ceed 1 year, that a driver that the Secretary deter7 mines is not fit will be prohibited from operating a 

8 commercial motor vehicle in interstate commerce. The 

9 period or periods shall begin on the 46th day after the 

10 date of the fitness determination and continue until 

11 the Secretary determines the driver is fit or until the 

12 prohibition period expires. 

13 ‘‘(5) A review by the Secretary, not later than 30 

14 days after an unfit driver requests a review, of the 

15 driver’s compliance with the requirements the driver 

16 failed to comply with and that resulted in the Sec17 retary determining that the driver was not fit. The 

18 burden of proof shall be on the driver to demonstrate 

19 fitness. 

20 ‘‘(6) The eligibility criteria for reinstatement, in21 cluding the remedial measures the unfit driver must 

22 take for reinstatement.’’. 
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1 SEC. 32605. UNIFORM ELECTRONIC CLEARANCE FOR COM2 MERCIAL MOTOR VEHICLE INSPECTIONS. 

3 (a) IN GENERAL.—Chapter 311 is amended by adding 

4 after section 31109 the following: 

5 ‘‘§ 31110. Withholding amounts for State noncompli6 ance 

7 ‘‘(a) FIRST FISCAL YEAR.—Subject to criteria estab8 lished by the Secretary of Transportation, the Secretary 

9 may withhold up to 50 percent of the amount a State is 

10 otherwise eligible to receive under section 31102(b) on the 

11 first day of the fiscal year after the first fiscal year fol12 lowing the date of enactment of the Commercial Motor Vehi13 cle Safety Enhancement Act of 2012 in which the State uses 

14 for at least 180 days an electronic commercial motor vehicle 

15 inspection selection system that does not employ a selection 

16 methodology approved by the Secretary. 

17 ‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 

18 withhold up to 75 percent of the amount a State is other19 wise eligible to receive under section 31102(b) on the first 

20 day of the fiscal year after the second fiscal year following 

21 the date of enactment of the Commercial Motor Vehicle Safe22 ty Enhancement Act of 2012 in which the State uses for 

23 at least 180 days an electronic commercial motor vehicle 

24 inspection selection system that does not employ a selection 

25 methodology approved by the Secretary. 
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1 ‘‘(c) SUBSEQUENT AVAILABILITY OF WITHHELD

2 FUNDS.—The Secretary may make the amounts withheld 

3 under subsection (a) or subsection (b) available to the State 

4 if the Secretary determines that the State has substantially 

5 complied with the requirement described under subsection 

6 (a) or subsection (b) not later than 180 days after the begin7 ning of the fiscal year in which amounts were withheld.’’. 

8 (b) CONFORMING AMENDMENT.—The analysis of chap9 ter 311 is amended by inserting after the item relating to 

10 section 31109 the following: 

‘‘31110. Withholding amounts for State noncompliance.’’. 

11 SEC. 32606. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 31104 is amended to read as follows: 

13 ‘‘§ 31104. Availability of amounts 

14 ‘‘(a) IN GENERAL.—There are authorized to be appro15 priated from Highway Trust Fund (other than the Mass 

16 Transit Account) for Federal Motor Carrier Safety Admin17 istration programs the following: 

18 ‘‘(1) COMPLIANCE, SAFETY, AND ACCOUNTABILITY

19 GRANTS UNDER SECTION 31102.— 

20 ‘‘(A) $249,717,000 for fiscal year 2012, pro21 vided that the Secretary shall set aside not less 

22 than $168,388,000 to carry out the motor carrier 

23 safety assistance program under section 

24 31102(b); and 
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1 ‘‘(B) $253,814,000 for fiscal year 2013, pro2 vided that the Secretary shall set aside not less 

3 than $171,813,000 to carry out the motor carrier 

4 safety assistance program under section 

5 31102(b). 

6 ‘‘(2) DATA AND TECHNOLOGY GRANTS UNDER

7 SECTION 31109.— 

8 ‘‘(A) $30,000,000 for fiscal year 2012; and 

9 ‘‘(B) $30,000,000 for fiscal year 2013. 

10 ‘‘(3) DRIVER SAFETY GRANTS UNDER SECTION

11 31313.— 

12 ‘‘(A) $31,000,000 for fiscal year 2012; and 

13 ‘‘(B) $31,000,000 for fiscal year 2013. 

14 ‘‘(4) CRITERIA.—The Secretary shall develop cri15 teria to allocate the remaining funds under para16 graphs (1), (2), and (3) for fiscal year 2013 and for 

17 each fiscal year thereafter not later than April 1 of 

18 the prior fiscal year. 

19 ‘‘(b) AVAILABILITY AND REALLOCATION OF

20 AMOUNTS.— 

21 ‘‘(1) ALLOCATIONS AND REALLOCATIONS.— 

22 Amounts made available under subsection (a)(1) re23 main available until expended. Allocations to a State 

24 remain available for expenditure in the State for the 

25 fiscal year in which they are allocated and for the 
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1 next fiscal year. Amounts not expended by a State 

2 during those 2 fiscal years are released to the Sec3 retary for reallocation. 

4 ‘‘(2) REDISTRIBUTION OF AMOUNTS.—The Sec5 retary may, after August 1 of each fiscal year, upon 

6 a determination that a State does not qualify for 

7 funding under section 31102(b) or that the State will 

8 not expend all of its existing funding, reallocate the 

9 State’s funding. In revising the allocation and redis10 tributing the amounts, the Secretary shall give pref11 erence to those States that require additional funding 

12 to meet program goals under section 31102(b). 

13 ‘‘(3) PERIOD OF AVAILABILITY FOR DATA AND

14 TECHNOLOGY GRANTS.—Amounts made available 

15 under subsection (a)(2) remain available for obliga16 tion for the fiscal year and the next 2 years in which 

17 they are appropriated. Allocations remain available 

18 for expenditure in the State for 5 fiscal years after 

19 they were obligated. Amounts not expended by a State 

20 during those 3 fiscal years are released to the Sec21 retary for reallocation. 

22 ‘‘(4) PERIOD OF AVAILABILITY FOR DRIVER

23 SAFETY GRANTS.—Amounts made available under 

24 subsection (a)(3) of this section remain available for 

25 obligation for the fiscal year and the next fiscal year 
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1 in which they are appropriated. Allocations to a 

2 State remain available for expenditure in the State 

3 for the fiscal year in which they are allocated and for 

4 the following 2 fiscal years. Amounts not expended by 

5 a State during those 3 fiscal years are released to the 

6 Secretary for reallocation. 

7 ‘‘(5) REALLOCATION.—The Secretary, upon a re8 quest by a State, may reallocate grant funds pre9 viously awarded to the State under a grant program 

10 authorized by section 31102, 31109, or 31313 to an11 other grant program authorized by those sections 

12 upon a showing by the State that it is unable to ex13 pend the funds within the 12 months prior to their 

14 expiration provided that the State agrees to expend 

15 the funds within the remaining period of expenditure. 

16 ‘‘(c) GRANTS AS CONTRACTUAL OBLIGATIONS.—Ap17 proval by the Secretary of a grant under sections 31102, 

18 31109, and 31313 is a contractual obligation of the Govern19 ment for payment of the Government’s share of costs in20 curred in developing and implementing programs to im21 prove commercial motor vehicle safety and enforce commer22 cial driver’s license regulations, standards, and orders. 

23 ‘‘(d) DEDUCTION FOR ADMINISTRATIVE EXPENSES.— 

24 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

25 year or as soon after that as practicable, the Sec-
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1 retary may deduct, from amounts made available 

2 under— 

3 ‘‘(A) subsection (a)(1) for that fiscal year, 

4 not more than 1.5 percent of those amounts for 

5 administrative expenses incurred in carrying out 

6 section 31102 in that fiscal year; 

7 ‘‘(B) subsection (a)(2) for that fiscal year, 

8 not more than 1.4 percent of those amounts for 

9 administrative expenses incurred in carrying out 

10 section 31109 in that fiscal year; and 

11 ‘‘(C) subsection (a)(3) for that fiscal year, 

12 not more than 1.4 percent of those amounts for 

13 administrative expenses incurred in carrying out 

14 section 31313 in that fiscal year. 

15 ‘‘(2) TRAINING.—The Secretary may use at least 

16 50 percent of the amounts deducted from the amounts 

17 made available under sections (a)(1) and (a)(3) to 

18 train non-Government employees and to develop re19 lated training materials to carry out sections 31102, 

20 31311, and 31313 of this title. 

21 ‘‘(3) CONTRACTS.—The Secretary may use 

22 amounts deducted under paragraph (1) to enter into 

23 contracts and cooperative agreements with States, 

24 local governments, associations, institutions, corpora25 tions, and other persons, if the Secretary determines 
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1 the contracts and cooperative agreements are cost-ef2 fective, benefit multiple jurisdictions of the United 

3 States, and enhance safety programs and related en4 forcement activities. 

5 ‘‘(e) ALLOCATION CRITERIA AND ELIGIBILITY.— 

6 ‘‘(1) On October 1 of each fiscal year or as soon 

7 as practicable after that date after making the deduc8 tion under subsection (d)(1)(A), the Secretary shall 

9 allocate amounts made available to carry out section 

10 31102(b) for such fiscal year among the States with 

11 plans approved under that section. Allocation shall be 

12 made under the criteria prescribed by the Secretary. 

13 ‘‘(2) On October 1 of each fiscal year or as soon 

14 as practicable after that date and after making the 

15 deduction under subsection (d)(1)(B) or (d)(1)(C), the 

16 Secretary shall allocate amounts made available to 

17 carry out sections 31109(a) and 31313(b)(1). 

18 ‘‘(f) INTRASTATE COMPATIBILITY.—The Secretary 

19 shall prescribe regulations specifying tolerance guidelines 

20 and standards for ensuring compatibility of intrastate com21 mercial motor vehicle safety laws and regulations with Gov22 ernment motor carrier safety regulations to be enforced 

23 under section 31102(b). To the extent practicable, the guide24 lines and standards shall allow for maximum flexibility 

25 while ensuring a degree of uniformity that will not dimin-
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1 ish transportation safety. In reviewing State plans and al2 locating amounts or making grants under section 153 of 

3 title 23, United States Code, the Secretary shall ensure that 

4 the guidelines and standards are applied uniformly. 

5 ‘‘(g) WITHHOLDING AMOUNTS FOR STATE NONCOMPLI6 ANCE.— 

7 ‘‘(1) IN GENERAL.—Subject to criteria estab8 lished by the Secretary, the Secretary may withhold 

9 up to 100 percent of the amounts a State is otherwise 

10 eligible to receive under section 31102(b) on October 

11 1 of each fiscal year beginning after the date of enact12 ment of the Commercial Motor Vehicle Safety En13 hancement Act of 2012 and continuing for the period 

14 that the State does not comply substantially with a 

15 requirement under section 31109(b). 

16 ‘‘(2) SUBSEQUENT AVAILABILITY OF WITHHELD

17 FUNDS.—The Secretary may make the amounts with18 held in accordance with paragraph (1) available to a 

19 State if the Secretary determines that the State has 

20 substantially complied with a requirement under sec21 tion 31109(b) not later than 180 days after the begin22 ning of the fiscal year in which the amounts are 

23 withheld. 

24 ‘‘(h) ADMINISTRATIVE EXPENSES.— 
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1 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated from the 

3 Highway Trust Fund (other than the Mass Transit 

4 Account) for the Secretary to pay administrative ex5 penses of the Federal Motor Carrier Safety Adminis6 tration— 

7 ‘‘(A) $250,819,000 for fiscal year 2012; and 

8 ‘‘(B) $248,523,000 for fiscal year 2013. 

9 ‘‘(2) USE OF FUNDS.—The funds authorized by 

10 this subsection shall be used for personnel costs, ad11 ministrative infrastructure, rent, information tech12 nology, programs for research and technology, infor13 mation management, regulatory development, the ad14 ministration of the performance and registration in15 formation system management, outreach and edu16 cation, other operating expenses, and such other ex17 penses as may from time to time be necessary to im18 plement statutory mandates of the Administration not 

19 funded from other sources. 

20 ‘‘(i) AVAILABILITY OF FUNDS.— 

21 ‘‘(1) PERIOD OF AVAILABILITY.—The amounts 

22 made available under this section shall remain avail23 able until expended. 

24 ‘‘(2) INITIAL DATE OF AVAILABILITY.—Author25 izations from the Highway Trust Fund (other than 
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1 the Mass Transit Account) for this section shall be 

2 available for obligation on the date of their appor3 tionment or allocation or on October 1 of the fiscal 

4 year for which they are authorized, whichever occurs 

5 first.’’ 

6 ‘‘(j) PAYMENT TO RECIPIENTS OF FINANCIAL ASSIST7 ANCE FOR COSTS.—Each grantee shall submit vouchers to 

8 the Secretary for costs the grantee has incurred under sec9 tions 31102, 31109, and 31313. The Secretary shall pay 

10 the grantee an amount equal to not more than the Govern11 ment share of costs incurred as of the date on which the 

12 vouchers are submitted.’’. 

13 SEC. 32607. HIGH RISK CARRIER REVIEWS. 

14 (a) HIGH RISK CARRIER REVIEWS.—Section 

15 31104(h), as amended by section 32606 of this Act, is 

16 amended by adding at the end of paragraph (2) the fol17 lowing: 

18 ‘‘From the funds authorized by this subsection, the Sec19 retary shall ensure that a review is completed on each motor 

20 carrier that demonstrates through performance data that it 

21 poses the highest safety risk. At a minimum, a review shall 

22 be conducted whenever a motor carrier is among the highest 

23 risk carriers for 2 consecutive months.’’. 

24 (b) CONFORMING AMENDMENT.—Section 4138 of the 

25 Safe, Accountable, Flexible, Efficient Transportation Eq-
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1 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is re2 pealed. 

3 SEC. 32608. DATA AND TECHNOLOGY GRANTS. 

4 (a) IN GENERAL.—Section 31109 is amended to read 

5 as follows: 

6 ‘‘§ 31109. Data and technology grants 

7 ‘‘(a) GENERAL AUTHORITY.—The Secretary of Trans8 portation shall establish and administer a data and tech9 nology grant program to assist the States with the imple10 mentation and maintenance of data systems. The Secretary 

11 shall allocate the funds in accordance with section 31104. 

12 ‘‘(b) PERFORMANCE GOALS.—The Secretary may 

13 make a grant to a State to implement the performance and 

14 registration information system management requirements 

15 of section 31106(b) to develop, implement, and maintain 

16 commercial vehicle information systems and networks, and 

17 other innovative technologies that the Secretary determines 

18 improve commercial motor vehicle safety. 

19 ‘‘(c) ELIGIBILITY.—To be eligible for a grant to imple20 ment the requirements of section 31106(b), the State shall 

21 design a program that— 

22 ‘‘(1) links Federal motor carrier safety informa23 tion systems with the State’s motor carrier informa24 tion systems; 
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1 ‘‘(2) determines the safety fitness of a motor car2 rier or registrant when licensing or registering the 

3 registrant or motor carrier or while the license or reg4 istration is in effect; and 

5 ‘‘(3) denies, suspends, or revokes the commercial 

6 motor vehicle registrations of a motor carrier or reg7 istrant that was issued an operations out-of-service 

8 order by the Secretary. 

9 ‘‘(d) REQUIRED PARTICIPATION.—The Secretary shall 

10 require States that participate in the program under sec11 tion 31106 to— 

12 ‘‘(1) comply with the uniform policies, proce13 dures, and technical and operational standards pre14 scribed by the Secretary under section 31106(b); 

15 ‘‘(2) possess or seek the authority to possess for 

16 a time period not longer than determined reasonable 

17 by the Secretary, to impose sanctions relating to com18 mercial motor vehicle registration on the basis of a 

19 Federal safety fitness determination; and 

20 ‘‘(3) establish and implement a process to cancel 

21 the motor vehicle registration and seize the registra22 tion plates of a vehicle when an employer is found 

23 liable under section 31310(j)(2)(C) for knowingly al24 lowing or requiring an employee to operate such a 
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1 commercial motor vehicle in violation of an out of 

2 service order. 

3 ‘‘(e) FEDERAL SHARE.—The total Federal share of the 

4 cost of a project payable from all eligible Federal sources 

5 shall be at least 80 percent.’’. 

6 (b) CONFORMING AMENDMENT.—The analysis of chap7 ter 311 is amended by striking the item relating to section 

8 31109 and inserting the following: 

‘‘31109. Data and technology grants.’’. 

9 SEC. 32609. DRIVER SAFETY GRANTS. 

10 (a) DRIVER FOCUSED GRANT PROGRAM.—Section 

11 31313 is amended to read as follows: 

12 ‘‘§ 31313. Driver safety grants 

13 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall 

14 make and administer a driver focused grant program to 

15 assist the States, local governments, entities, and other per16 sons with commercial driver’s license systems, programs, 

17 training, fraud detection, reporting of violations and other 

18 programs required to improve the safety of drivers as the 

19 Federal Motor Carrier Safety Administration deems crit20 ical. The Secretary shall allocate the funds for the program 

21 in accordance with section 31104. 

22 ‘‘(b) COMMERCIAL DRIVER’S LICENSE PROGRAM IM23 PROVEMENT GRANTS.— 
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1 ‘‘(1) PROGRAM GOAL.—The Secretary of Trans2 portation may make a grant to a State in a fiscal 

3 year— 

4 ‘‘(A) to comply with the requirements of sec5 tion 31311; 

6 ‘‘(B) in the case of a State that is making 

7 a good faith effort toward substantial compliance 

8 with the requirements of this section and section 

9 31311, to improve its implementation of its com10 mercial driver’s license program; 

11 ‘‘(C) for research, development demonstra12 tion projects, public education, and other special 

13 activities and projects relating to commercial 

14 driver licensing and motor vehicle safety that are 

15 of benefit to all jurisdictions of the United States 

16 or are designed to address national safety con17 cerns and circumstances; 

18 ‘‘(D) for commercial driver’s license pro19 gram coordinators; 

20 ‘‘(E) to implement or maintain a system to 

21 notify an employer of an operator of a commer22 cial motor vehicle of the suspension or revocation 

23 of the operator’s commercial driver’s license con24 sistent with the standards developed under sec-
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1 tion 32304(b) of the Commercial Motor Vehicle 

2 Safety Enhancement Act of 2012; or 

3 ‘‘(F) to train operators of commercial motor 

4 vehicles, as defined under section 31301, and to 

5 train operators and future operators in the safe 

6 use of such vehicles. Funding priority for this 

7 discretionary grant program shall be to regional 

8 or multi-state educational or nonprofit associa9 tions serving economically distressed regions of 

10 the United States. 

11 ‘‘(2) PRIORITY.—The Secretary shall give pri12 ority, in making grants under paragraph (1)(B), to 

13 a State that will use the grants to achieve compliance 

14 with the requirements of the Motor Carrier Safety Im15 provement Act of 1999 (113 Stat. 1748), including 

16 the amendments made by the Commercial Motor Vehi17 cle Safety Enhancement Act of 2012. 

18 ‘‘(3) RECIPIENTS.—The Secretary may allocate 

19 grants to State agencies, local governments, and other 

20 persons for carrying out activities and projects that 

21 improve commercial driver’s license safety and com22 pliance with commercial driver’s license and commer23 cial motor vehicle safety regulations in accordance 

24 with the program goals under paragraph (1) and that 

25 train operators on commercial motor vehicles. The 
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1 Secretary may make a grant to a State to comply 

2 with section 31311 for commercial driver’s license 

3 program coordinators and for notification systems. 

4 ‘‘(4) FEDERAL SHARE.—The Federal share of a 

5 grant made under this program shall be at least 80 

6 percent, except that the Federal share of grants for 

7 commercial driver license program coordinators and 

8 training commercial motor vehicle operators shall be 

9 100 percent.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis of chap11 ter 313 is amended by striking the item relating to section 

12 31313 and inserting the following: 

‘‘31313. Driver safety grants.’’. 

13 SEC. 32610. COMMERCIAL VEHICLE INFORMATION SYSTEMS 

14 AND NETWORKS. 

15 Not later than 6 months after the date of enactment 

16 of this Act, the Secretary shall submit a report to the Com17 mittee on Commerce, Science, and Transportation of the 

18 Senate and the Committee on Transportation and Infra19 structure of the House of Representatives that includes— 

20 (1) established time frames and milestones for re21 suming the Commercial Vehicle Information Systems 

22 and Networks Program; and 

23 (2) a strategic workforce plan for its grants 

24 management office to ensure that it has determined 
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1 the skills and competencies that are critical to achiev2 ing its mission goals. 

3 Subtitle G—Motorcoach Enhanced 

4 Safety Act of 2012 

5 SEC. 32701. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Motorcoach En7 hanced Safety Act of 2012’’. 

8 SEC. 32702. DEFINITIONS. 

9 In this subtitle: 

10 (1) ADVANCED GLAZING.—The term ‘‘advanced 

11 glazing’’ means glazing installed in a portal on the 

12 side or the roof of a motorcoach that is designed to 

13 be highly resistant to partial or complete occupant 

14 ejection in all types of motor vehicle crashes. 

15 (2) BUS.—The term ‘‘bus’’ has the meaning 

16 given the term in section 571.3(b) of title 49, Code of 

17 Federal Regulations (as in effect on the day before the 

18 date of enactment of this Act). 

19 (3) COMMERCIAL MOTOR VEHICLE.—Except as 

20 otherwise specified, the term ‘‘commercial motor vehi21 cle’’ has the meaning given the term in section 

22 31132(1) of title 49, United States Code. 

23 (4) DIRECT TIRE PRESSURE MONITORING SYS24 TEM.—The term ‘‘direct tire pressure monitoring sys25 tem’’ means a tire pressure monitoring system that is 
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1 capable of directly detecting when the air pressure 

2 level in any tire is significantly under-inflated and 

3 providing the driver a low tire pressure warning as 

4 to which specific tire is significantly under-inflated. 

5 (5) ELECTRONIC ON-BOARD RECORDER.—The 

6 term ‘‘electronic on-board recorder’’ means an elec7 tronic device that acquires and stores data showing 

8 the record of duty status of the vehicle operator and 

9 performs the functions required of an automatic on10 board recording device in section 395.15(b) of title 49, 

11 Code of Federal Regulations. 

12 (6) EVENT DATA RECORDER.—The term ‘‘event 

13 data recorder’’ has the meaning given that term in 

14 section 563.5 of title 49, Code of Federal Regulations. 

15 (7) MOTOR CARRIER.—The term ‘‘motor carrier’’ 

16 means— 

17 (A) a motor carrier (as defined in section 

18 13102(14) of title 49, United States Code); or 

19 (B) a motor private carrier (as defined in 

20 section 13102(15) of that title). 

21 (8) MOTORCOACH.—The term ‘‘motorcoach’’ has 

22 the meaning given the term ‘‘over-the-road bus’’ in 

23 section 3038(a)(3) of the Transportation Equity Act 

24 for the 21st Century (49 U.S.C. 5310 note), but does 

25 not include— 
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1 (A) a bus used in public transportation 

2 provided by, or on behalf of, a public transpor3 tation agency; or 

4 (B) a school bus, including a multifunction 

5 school activity bus. 

6 (9) MOTORCOACH SERVICES.—The term ‘‘motor7 coach services’’ means passenger transportation by 

8 motorcoach for compensation. 

9 (10) MULTIFUNCTION SCHOOL ACTIVITY BUS.— 

10 The term ‘‘multifunction school activity bus’’ has the 

11 meaning given the term in section 571.3(b) of title 49, 

12 Code of Federal Regulations (as in effect on the day 

13 before the date of enactment of this Act). 

14 (11) PORTAL.—The term ‘‘portal’’ means any 

15 opening on the front, side, rear, or roof of a motor16 coach that could, in the event of a crash involving the 

17 motorcoach, permit the partial or complete ejection of 

18 any occupant from the motorcoach, including a young 

19 child. 

20 (12) PROVIDER OF MOTORCOACH SERVICES.— 

21 The term ‘‘provider of motorcoach services’’ means a 

22 motor carrier that provides passenger transportation 

23 services with a motorcoach, including per-trip com24 pensation and contracted or chartered compensation. 
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1 (13) PUBLIC TRANSPORTATION.—The term ‘‘pub2 lic transportation’’ has the meaning given the term in 

3 section 5302 of title 49, United States Code. 

4 (14) SAFETY BELT.—The term ‘‘safety belt’’ has 

5 the meaning given the term in section 153(i)(4)(B) of 

6 title 23, United States Code. 

7 (15) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Transportation. 

9 SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PRO10 TECTION, PASSENGER EVACUATION, AND 

11 CRASH AVOIDANCE. 

12 (a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not 

13 later than 1 year after the date of enactment of this Act, 

14 the Secretary shall prescribe regulations requiring safety 

15 belts to be installed in motorcoaches at each designated seat16 ing position. 

17 (b) REGULATIONS REQUIRED WITHIN 2 YEARS.—Not 

18 later than 2 years after the date of enactment of this Act, 

19 the Secretary shall prescribe the following commercial 

20 motor vehicle regulations: 

21 (1) ROOF STRENGTH AND CRUSH RESISTANCE.— 

22 The Secretary shall establish improved roof and roof 

23 support standards for motorcoaches that substantially 

24 improve the resistance of motorcoach roofs to deforma-
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1 tion and intrusion to prevent serious occupant injury 

2 in rollover crashes involving motorcoaches. 

3 (2) ANTI-EJECTION SAFETY COUNTER4 MEASURES.—The Secretary shall require advanced 

5 glazing to be installed in each motorcoach portal and 

6 shall consider other portal improvements to prevent 

7 partial and complete ejection of motorcoach pas8 sengers, including children. In prescribing such 

9 standards, the Secretary shall consider the impact of 

10 such standards on the use of motorcoach portals as a 

11 means of emergency egress. 

12 (3) ROLLOVER CRASH AVOIDANCE.—The Sec13 retary shall require motorcoaches to be equipped with 

14 stability enhancing technology, such as electronic sta15 bility control and torque vectoring, to reduce the 

16 number and frequency of rollover crashes among 

17 motorcoaches. 

18 (c) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE

19 MONITORING SYSTEMS.—Not later than 3 years after the 

20 date of enactment of this Act, the Secretary shall prescribe 

21 the following commercial vehicle regulation: 

22 (1) IN GENERAL.—The Secretary shall require 

23 motorcoaches to be equipped with direct tire pressure 

24 monitoring systems that warn the operator of a com25 mercial motor vehicle when any tire exhibits a level 
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1 of air pressure that is below a specified level of air 

2 pressure established by the Secretary. 

3 (2) PERFORMANCE REQUIREMENTS.—The regula4 tion prescribed by the Secretary under this subsection 

5 shall include performance requirements to ensure that 

6 direct tire pressure monitoring systems are capable 

7 of— 

8 (A) providing a warning to the driver when 

9 1 or more tires are underinflated; 

10 (B) activating in a specified time period 

11 after the underinflation is detected; and 

12 (C) operating at different vehicle speeds. 

13 (d) APPLICATION OF REGULATIONS.— 

14 (1) NEW MOTORCOACHES.—Any regulation pre15 scribed in accordance with subsection (a), (b), or (c) 

16 shall apply to all motorcoaches manufactured more 

17 than 2 years after the date on which the regulation 

18 is published as a final rule. 

19 (2) RETROFIT REQUIREMENTS FOR EXISTING

20 MOTORCOACHES.— 

21 (A) IN GENERAL.—The Secretary may, by 

22 regulation, provide for the application of any re23 quirement established under subsection (a) or 

24 (b)(2) to motorcoaches manufactured before the 

25 date on which the requirement applies to new 
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1 motorcoaches under paragraph (1) based on an 

2 assessment of the feasibility, benefits, and costs of 

3 retrofitting the older motorcoaches. 

4 (B) ASSESSMENT.—The Secretary shall 

5 complete an assessment with respect to safety belt 

6 retrofits not later than 1 year after the date of 

7 enactment of this Act and with respect to anti8 ejection countermeasure retrofits not later than 2 

9 years after the date of enactment of this Act. 

10 (e) FAILURE TO MEET DEADLINE.—If the Secretary 

11 determines that a final rule cannot be issued before the 

12 deadline established under this section, the Secretary 

13 shall— 

14 (1) submit a report to the Committee on Com15 merce, Science, and Transportation of the Senate and 

16 the Committee on Energy and Commerce of the House 

17 of Representatives that explains why the deadline 

18 cannot be met; and 

19 (2) establish a new deadline for the issuance of 

20 the final rule. 

21 SEC. 32704. STANDARDS FOR IMPROVED FIRE SAFETY. 

22 (a) EVALUATIONS.—Not later than 18 months after the 

23 date of enactment of this Act, the Secretary shall initiate 

24 the following rulemaking proceedings: 
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1 (1) FLAMMABILITY STANDARD FOR EXTERIOR

2 COMPONENTS.—The Secretary shall establish require3 ments for fire hardening or fire resistance of motor4 coach exterior components to prevent fire and smoke 

5 inhalation injuries to occupants. 

6 (2) SMOKE SUPPRESSION.—The Secretary shall 

7 update Federal Motor Vehicle Safety Standard Num8 ber 302 (49 C.F.R. 571.302; relating to flammability 

9 of interior materials) to improve the resistance of mo10 torcoach interiors and components to burning and 

11 permit sufficient time for the safe evacuation of pas12 sengers from motorcoaches. 

13 (3) PREVENTION OF, AND RESISTANCE TO, 

14 WHEEL WELL FIRES.—The Secretary shall establish 

15 requirements— 

16 (A) to prevent and mitigate the propagation 

17 of wheel well fires into the passenger compart18 ment; and 

19 (B) to substantially reduce occupant deaths 

20 and injuries from such fires. 

21 (4) AUTOMATIC FIRE SUPPRESSION.—The Sec22 retary shall establish requirements for motorcoaches to 

23 be equipped with highly effective fire suppression sys24 tems that automatically respond to and suppress all 

25 fires in such motorcoaches. 
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1 (5) PASSENGER EVACUATION.—The Secretary 

2 shall establish requirements for motorcoaches to be 

3 equipped with— 

4 (A) improved emergency exit window, door, 

5 roof hatch, and wheelchair lift door designs to ex6 pedite access and use by passengers of 

7 motorcoaches under all emergency circumstances, 

8 including crashes and fires; and 

9 (B) emergency interior lighting systems, in10 cluding luminescent or retroreflectorized delinea11 tion of evacuation paths and exits, which are 

12 triggered by a crash or other emergency incident 

13 to accomplish more rapid and effective evacu14 ation of passengers. 

15 (6) CAUSATION AND PREVENTION OF MOTOR16 COACH FIRES.—The Secretary shall examine the prin17 ciple causes of motorcoach fires and vehicle design 

18 changes intended to reduce the number of motorcoach 

19 fires resulting from those principle causes. 

20 (b) DEADLINE.—Not later than 42 months after the 

21 date of enactment of this Act, the Secretary shall— 

22 (1) issue final rules in accordance with sub23 section (a); or 

24 (2) if the Secretary determines that any stand25 ard is not warranted based on the requirements and 
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1 considerations set forth in subsection (a) and (b) of 

2 section 30111 of title 49, United States Code, submit 

3 a report that describes the reasons for not prescribing 

4 such a standard to— 

5 (A) the Committee on Commerce, Science, 

6 and Transportation of the Senate; and 

7 (B) the Committee on Energy and Com8 merce of the House of Representatives. 

9 (c) TIRE PERFORMANCE STANDARD.—Not later than 

10 3 years after the date of enactment of this Act, the Secretary 

11 shall— 

12 (1) issue a final rule upgrading performance 

13 standards for tires used on motorcoaches, including 

14 an enhanced endurance test and a new high-speed 

15 performance test; or 

16 (2) if the Secretary determines that a standard 

17 is not warranted based on the requirements and con18 siderations set forth in subsections (a) and (b) of sec19 tion 30111 of title 49, United States Code, submit a 

20 report that describes the reasons for not prescribing 

21 such a standard to— 

22 (A) the Committee on Commerce, Science, 

23 and Transportation of the Senate; and 

24 (B) the Committee on Energy and Com25 merce of the House of Representatives. 
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1 SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOID2 ANCE, FIRE CAUSATION, AND FIRE EXTIN3 GUISHER RESEARCH AND TESTING. 

4 (a) SAFETY RESEARCH INITIATIVES.—Not later than 

5 2 years after the date of enactment of this Act, the Secretary 

6 shall complete the following research and testing: 

7 (1) IMPROVED FIRE EXTINGUISHERS.—The Sec8 retary shall research and test the need to install im9 proved fire extinguishers or other readily available 

10 firefighting equipment in motorcoaches to effectively 

11 extinguish fires in motorcoaches and prevent pas12 senger deaths and injuries. 

13 (2) INTERIOR IMPACT PROTECTION.—The Sec14 retary shall research and test enhanced occupant im15 pact protection standards for motorcoach interiors to 

16 reduce substantially serious injuries for all passengers 

17 of motorcoaches. 

18 (3) COMPARTMENTALIZATION SAFETY COUNTER19 MEASURES.—The Secretary shall require enhanced 

20 compartmentalization safety countermeasures for 

21 motorcoaches, including enhanced seating designs, to 

22 substantially reduce the risk of passengers being 

23 thrown from their seats and colliding with other pas24 sengers, interior surfaces, and components in the 

25 event of a crash involving a motorcoach. 
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1 (4) COLLISION AVOIDANCE SYSTEMS.—The Sec2 retary shall research and test forward and lateral 

3 crash warning systems applications for motorcoaches. 

4 (b) RULEMAKING.—Not later than 2 years after the 

5 completion of each research and testing initiative required 

6 under subsection (a), the Secretary shall issue final motor 

7 vehicle safety standards if the Secretary determines that 

8 such standards are warranted based on the requirements 

9 and considerations set forth in subsections (a) and (b) of 

10 section 30111 of title 49, United States Code. 

11 SEC. 32706. MOTORCOACH REGISTRATION. 

12 (a) REGISTRATION REQUIREMENTS.—Section 

13 13902(b) is amended— 

14 (1) by redesignating paragraphs (1) through (8) 

15 as paragraphs (4) through (11), respectively; and 

16 (2) by inserting before paragraph (4), as redesig17 nated, the following: 

18 ‘‘(1) ADDITIONAL REGISTRATION REQUIREMENTS

19 FOR PROVIDERS OR MOTORCOACH SERVICES.—In ad20 dition to meeting the requirements under subsection 

21 (a)(1), the Secretary may not register a person to 

22 provide motorcoach services until after the person— 

23 ‘‘(A) undergoes a preauthorization safety 

24 audit, including verification, in a manner suffi-
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1 cient to demonstrate the ability to comply with 

2 Federal rules and regulations, of— 

3 ‘‘(i) a drug and alcohol testing pro4 gram under part 40 of title 49, Code of Fed5 eral Regulations; 

6 ‘‘(ii) the carrier’s system of compliance 

7 with hours-of-service rules, including hours8 of-service records; 

9 ‘‘(iii) the ability to obtain required in10 surance; 

11 ‘‘(iv) driver qualifications, including 

12 the validity of the commercial driver’s li13 cense of each driver who will be operating 

14 under such authority; 

15 ‘‘(v) disclosure of common ownership, 

16 common control, common management, 

17 common familial relationship, or other cor18 porate relationship with another motor car19 rier or applicant for motor carrier author20 ity during the past 3 years; 

21 ‘‘(vi) records of the State inspections, 

22 or of a Level I or V Commercial Vehicle 

23 Safety Alliance Inspection, for all vehicles 

24 that will be operated by the carrier; 
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1 ‘‘(vii) safety management programs, 

2 including vehicle maintenance and repair 

3 programs; and 

4 ‘‘(viii) the ability to comply with the 

5 Americans with Disabilities Act of 1990 (42 

6 U.S.C. 12101 et seq.), and the Over-the7 Road Bus Transportation Accessibility Act 

8 of 2007 (122 Stat. 2915); 

9 ‘‘(B) has been interviewed to review safety 

10 management controls and the carrier’s written 

11 safety oversight policies and practices; and 

12 ‘‘(C) through the successful completion of a 

13 written examination developed by the Secretary, 

14 has demonstrated proficiency to comply with 

15 and carry out the requirements and regulations 

16 described in subsection (a)(1). 

17 ‘‘(2) PRE-AUTHORIZATION SAFETY AUDIT.—The 

18 pre-authorization safety audit required under para19 graph (1)(A) shall be completed on-site not later than 

20 90 days following the submission of an application 

21 for operating authority. 

22 ‘‘(3) FEE.—The Secretary may establish, under 

23 section 9701 of title 31, a fee of not more than $1,200 

24 for new registrants that as nearly as possible covers 

25 the costs of performing a preauthorization safety 
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1 audit. Amounts collected under this subsection shall 

2 be deposited in the Highway Trust Fund (other than 

3 the Mass Transit Account).’’. 

4 (b) SAFETY REVIEWS OF NEW OPERATORS.—Section 

5 31144(g)(1) is amended by inserting ‘‘transporting prop6 erty’’ after ‘‘each operator’’. 

7 (c) CONFORMING AMENDMENT.—Section 

8 24305(a)(3)(A)(i) is amended by striking ‘‘section 

9 13902(b)(8)(A)’’ and inserting ‘‘section 13902(b)(11)(A)’’. 

10 (d) EFFECTIVE DATE.—The amendments made by this 

11 section shall take effect 1 year after the date of enactment 

12 of this Act. 

13 SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERV14 ICE PROVIDERS. 

15 (a) SAFETY REVIEWS.—Section 31144, as amended by 

16 sections 32204 and 32604 of this Act, is amended by adding 

17 at the end the following: 

18 ‘‘(j) PERIODIC SAFETY REVIEWS OF PROVIDERS OF

19 MOTORCOACH SERVICES.— 

20 ‘‘(1) SAFETY REVIEW.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall— 

22 ‘‘(i) determine the safety fitness of all 

23 providers of motorcoach services registered 

24 with the Federal Motor Carrier Safety Ad25 ministration through a simple and under-
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1 standable rating system that allows motor2 coach passengers to compare the safety per3 formance of motorcoach operators; and 

4 ‘‘(ii) assign a safety fitness rating to 

5 each such provider. 

6 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

7 shall apply— 

8 ‘‘(i) to any provider of motorcoach 

9 services registered with the Administration 

10 after the date of enactment of the Motor11 coach Enhanced Safety Act of 2012 begin12 ning not later than 2 years after the date 

13 of such registration; and 

14 ‘‘(ii) to any provider of motorcoach 

15 services registered with the Administration 

16 on or before the date of enactment of that 

17 Act beginning not later than 3 years after 

18 the date of enactment of that Act. 

19 ‘‘(2) PERIODIC REVIEW.—The Secretary shall es20 tablish, by regulation, a process for monitoring the 

21 safety performance of each provider of motorcoach 

22 services on a regular basis following the assignment 

23 of a safety fitness rating, including progressive inter24 vention to correct unsafe practices. 
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1 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi2 tion to the enhanced monitoring and enforcement ac3 tions required under paragraph (2), the Secretary 

4 may organize special enforcement strike forces tar5 geting providers of motorcoach services. 

6 ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS RAT7 ING.—In conducting the safety reviews required under 

8 this subsection, the Secretary shall— 

9 ‘‘(A) reassess the safety fitness rating of 

10 each provider not less frequently than once every 

11 3 years; and 

12 ‘‘(B) annually assess the safety fitness of 

13 certain providers of motorcoach services that 

14 serve primarily urban areas with high passenger 

15 loads. 

16 ‘‘(5) MOTORCOACH SERVICES DEFINED.—In this 

17 subsection, the term ‘provider of motorcoach services’ 

18 has the meaning given such term in section 32702 of 

19 the Motorcoach Enhanced Safety Act of 2012.’’. 

20 (b) DISCLOSURE OF SAFETY PERFORMANCE RATINGS

21 OF MOTORCOACH SERVICES AND OPERATIONS.— 

22 (1) IN GENERAL.—Subchapter I of chapter 141 

23 of title 49, United States Code, is amended by adding 

24 at the end the following: 
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1 ‘‘§ 14105. Safety performance ratings of motorcoach 

2 services and operations 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) MOTORCOACH.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (B), the term ‘motorcoach’ has the 

7 meaning given to the term ‘over-the-road bus’ in 

8 section 3038(a)(3) of the Transportation Equity 

9 Act for the 21st Century (49 U.S.C. 5310 note). 

10 ‘‘(B) EXCLUSIONS.—The term ‘motorcoach’ 

11 does not include— 

12 ‘‘(i) a bus used in public transpor13 tation that is provided by a State or local 

14 government; or 

15 ‘‘(ii) a school bus (as defined in section 

16 30125(a)(1)), including a multifunction 

17 school activity bus. 

18 ‘‘(2) MOTORCOACH SERVICES AND OPER19 ATIONS.—The term ‘motorcoach services and oper20 ations’ means passenger transportation by a motor21 coach for compensation. 

22 ‘‘(b) DISPLAY OF MOTOR CARRIER IDENTIFICATION.— 

23 ‘‘(1) REQUIREMENT.—Beginning on the date 

24 that is 1 year after the date of the enactment of the 

25 Moving Ahead for Progress in the 21st Century Act, 

26 no person may sell or offer to sell interstate motor-
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1 coach transportation services, or provide broker serv2 ices related to such transportation, unless the person, 

3 at the point of sale or provision of broker services, 

4 conspicuously displays— 

5 ‘‘(A) the legal name and USDOT number of 

6 the single motor carrier responsible for the trans7 portation and for compliance with the Federal 

8 Motor Carrier Safety Regulations under parts 

9 350 through 399 of title 49, Code of Federal Reg10 ulations; and 

11 ‘‘(B) the URL for the Federal Motor Carrier 

12 Safety Administration’s public website where the 

13 Administration has posted motor carrier and 

14 commercial motor vehicle driver scores in the 

15 Safety Measurement System. 

16 ‘‘(2) CIVIL PENALTIES.—A person who violates 

17 paragraph (1) shall be liable for civil penalties to the 

18 same extent as a person who does not prepare a 

19 record in the form and manner prescribed under sec20 tion 14901(a). 

21 ‘‘(c) RULEMAKING.— 

22 ‘‘(1) IN GENERAL.—Not later than 2 years after 

23 the date on which the safety fitness determination 

24 rule is implemented, the Secretary shall require, by 

25 regulation— 
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1 ‘‘(A) each motor carrier that owns or leases 

2 1 or more motorcoaches that transport pas3 sengers subject to the Secretary’s jurisdiction 

4 under section 13501 to prominently display the 

5 safety fitness rating assigned under section 

6 31144(j)(1)(A)(ii)— 

7 ‘‘(i) in each terminal of departure; 

8 ‘‘(ii) in the motorcoach and visible 

9 from a position exterior to the vehicle at the 

10 point of departure, if the motorcoach does 

11 not depart from a terminal; and 

12 ‘‘(iii) at all points of sale for such mo13 torcoach services and operations; and 

14 ‘‘(B) any person who sells tickets for motor15 coach services and operations to display the rat16 ing system described in subparagraph (A) at all 

17 points of sale for such motorcoach services and 

18 operations. 

19 ‘‘(2) ITEMS INCLUDED IN THE RULEMAKING.—In 

20 promulgating safety performance ratings for 

21 motorcoaches pursuant to the rulemaking required 

22 under paragraph (1), the Secretary shall consider— 

23 ‘‘(A) the need and extent to which safety 

24 performance ratings should be made available in 

25 languages other than English; and 
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1 ‘‘(B) penalties authorized under section 521. 

2 ‘‘(3) INSUFFICIENT INSPECTIONS.—Any motor 

3 carrier for which insufficient safety data is available 

4 shall display a label that states that the carrier has 

5 sufficiently passed the preauthorization safety audit 

6 required under section 13902(b)(1)(A). 

7 ‘‘(d) EFFECT ON STATE AND LOCAL LAW.—Nothing 

8 in this section may be construed to preempt a State, or 

9 a political subdivision of a State, from enforcing any re10 quirements concerning the manner and content of consumer 

11 information provided by motor carriers that are not subject 

12 to the Secretary’s jurisdiction under section 13501.’’. 

13 (2) CLERICAL AMENDMENT.—The analysis of 

14 chapter 141 of title 49, United States Code, is amend15 ed by inserting after the item relating to section 

16 14104 the following: 

‘‘14105. Safety performance ratings of motorcoach services and operations.’’. 

17 SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND 

18 COSTS OF ESTABLISHING A SYSTEM OF CER19 TIFICATION OF TRAINING PROGRAMS. 

20 Not later than 2 years after the date of the enactment 

21 of this Act, the Secretary shall submit a report to the Com22 mittee on Commerce, Science, and Transportation of the 

23 Senate and the Committee on Transportation and Infra24 structure of the House of Representatives that describes the 

25 feasibility, benefits, and costs of establishing a system of cer-
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1 tification of public and private schools and of motor car2 riers and motorcoach operators that provide motorcoach 

3 driver training. 

4 SEC. 32709. REPORT ON DRIVER’S LICENSE REQUIREMENTS 

5 FOR 9- TO 15-PASSENGER VANS. 

6 (a) IN GENERAL.—Not later than 18 months after the 

7 date of enactment of this Act, the Secretary shall submit 

8 a report to the Committee on Commerce, Science, and 

9 Transportation of the Senate and the Committee on Trans10 portation and Infrastructure of the House of Representa11 tives that examines requiring all or certain classes of driv12 ers operating a vehicle, which is designed or used to trans13 port not fewer than 9 and not more than 15 passengers 

14 (including a driver) in interstate commerce, to have a com15 mercial driver’s license passenger-carrying endorsement 

16 and be tested in accordance with a drug and alcohol testing 

17 program under part 40 of title 49, Code of Federal Regula18 tions. 

19 (b) CONSIDERATIONS.—In developing the report under 

20 subsection (a), the Secretary shall consider— 

21 (1) the safety benefits of the requirement de22 scribed in subsection (a); 

23 (2) the scope of the population that would be im24 pacted by such requirement; 
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1 (3) the cost to the Federal Government and State 

2 governments to meet such requirement; and 

3 (4) the impact on safety benefits and cost from 

4 limiting the application of such requirement to cer5 tain drivers of such vehicles, such as drivers who are 

6 compensated for driving. 

7 SEC. 32710. EVENT DATA RECORDERS. 

8 (a) EVALUATION.—Not later than 1 year after the date 

9 of enactment of this Act, the Secretary, after considering 

10 the performance requirements for event data recorders for 

11 passenger vehicles under part 563 of title 49, Code of Fed12 eral Regulations, shall complete an evaluation of event data 

13 recorders, including requirements regarding specific types 

14 of vehicle operations, events and incidents, and systems in15 formation to be recorded, for event data recorders to be used 

16 on motorcoaches used by motor carriers in interstate com17 merce. 

18 (b) STANDARDS AND REGULATIONS.—Not later than 

19 2 years after completing the evaluation required under sub20 section (a), the Secretary shall issue standards and regula21 tions based on the results of that evaluation. 

22 SEC. 32711. SAFETY INSPECTION PROGRAM FOR COMMER23 CIAL MOTOR VEHICLES OF PASSENGERS. 

24 Not later than 3 years after the date of enactment of 

25 this Act, the Secretary shall complete a rulemaking pro-
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1 ceeding to consider requiring States to conduct annual in2 spections of commercial motor vehicles designed or used to 

3 transport passengers, including an assessment of— 

4 (1) the risks associated with improperly main5 tained or inspected commercial motor vehicles de6 signed or used to transport passengers; 

7 (2) the effectiveness of existing Federal standards 

8 for the inspection of such vehicles in— 

9 (A) mitigating the risks described in para10 graph (1); and 

11 (B) ensuring the safe and proper operation 

12 condition of such vehicles; and 

13 (3) the costs and benefits of a mandatory State 

14 inspection program. 

15 SEC. 32712. DISTRACTED DRIVING. 

16 (a) IN GENERAL.—Chapter 311, as amended by sec17 tions 32113, 32508, and 32512 of this Act, is amended by 

18 adding after section 31154 the following: 

19 ‘‘§ 31155. Regulation of the use of distracting devices 

20 in motorcoaches 

21 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of the Motorcoach Enhanced Safety Act 

23 of 2012, the Secretary of Transportation shall prescribe reg24 ulations on the use of electronic or wireless devices, includ25 ing cell phones and other distracting devices, by an indi-
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1 vidual employed as the operator of a motorcoach (as defined 

2 in section 32702 of that Act). 

3 ‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 

4 base the regulations prescribed under subsection (a) on acci5 dent data analysis, the results of ongoing research, and 

6 other information, as appropriate. 

7 ‘‘(c) PROHIBITED USE.—Except as provided under 

8 subsection (d), the Secretary shall prohibit the use of the 

9 devices described in subsection (a) in circumstances in 

10 which the Secretary determines that their use interferes 

11 with a driver’s safe operation of a motorcoach. 

12 ‘‘(d) PERMITTED USE.—The Secretary may permit the 

13 use of a device that is otherwise prohibited under subsection 

14 (c) if the Secretary determines that such use is necessary 

15 for the safety of the driver or the public in emergency cir16 cumstances.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 chapter 311 is amended by inserting after the item relating 

19 to section 31154 the following: 

‘‘31155. Regulation of the use of distracting devices in motorcoaches.’’. 

20 SEC. 32713. REGULATIONS. 

21 Any standard or regulation prescribed or modified 

22 pursuant to the Motorcoach Enhanced Safety Act of 2012 

23 shall be prescribed or modified in accordance with section 

24 553 of title 5, United States Code. 
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1 Subtitle H—Safe Highways and 

2 Infrastructure Preservation 

3 SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT 

4 LIMITS STUDY. 

5 (a) TRUCK SIZE AND WEIGHT LIMITS STUDY.—Not 

6 later than 90 days after the date of enactment of this Act, 

7 the Secretary, in consultation with each relevant State and 

8 other applicable Federal agencies, shall commence a com9 prehensive truck size and weight limits study. The study 

10 shall— 

11 (1) provide data on accident frequency and fac12 tors related to accident risk of each route of the Na13 tional Highway System in each State that allows a 

14 vehicle to operate with size and weight limits that are 

15 in excess of the Federal law and regulations and its 

16 correlation to truck size and weight limits; 

17 (2) evaluate the impacts to the infrastructure of 

18 each route of the National Highway System in each 

19 State that allows a vehicle to operate with size and 

20 weight limits that are in excess of the Federal law 

21 and regulations, including— 

22 (A) an analysis that quantifies the cost and 

23 benefits of the impacts in dollars; 
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1 (B) an analysis of the percentage of trucks 

2 operating in excess of the Federal size and 

3 weight limits; and 

4 (C) an analysis that examines the ability of 

5 each State to recover the cost for the impacts, or 

6 the benefits incurred; 

7 (3) evaluate the impacts and frequency of viola8 tions in excess of the Federal size and weight law and 

9 regulations to determine the cost of the enforcement of 

10 the law and regulations, and the effectiveness of the 

11 enforcement methods; 

12 (4) examine the relationship between truck per13 formance and crash involvement and its correlation to 

14 Federal size and weight limits, including the impacts 

15 on crashes; 

16 (5) assess the impacts that truck size and weight 

17 limits in excess of the Federal law and regulations 

18 have in the risk of bridge failure contributing to the 

19 structural deficiencies of bridges or in the useful life 

20 of a bridge, including the impacts resulting from the 

21 number of bridge loadings; 

22 (6) analyze the impacts on safety and infrastruc23 ture in each State that allows a truck to operate in 

24 excess of Federal size and weight limitations in truck25 only lanes; 
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1 (7) compare and contrast the safety and infra2 structure impacts of the Federal limits regarding 

3 truck size and weight limits in relation to— 

4 (A) six-axle and other alternative configura5 tions of tractor-trailers; and 

6 (B) safety records of foreign nations with 

7 truck size and weight limits and tractor-trailer 

8 configurations that differ from the Federal law 

9 and regulations; and 

10 (8) estimate— 

11 (A) the extent to which freight would be di12 verted from other surface transportation modes 

13 to principal arterial routes and National High14 way System intermodal connectors if each cov15 ered truck configuration is allowed to operate 

16 and the effect that any such diversion would 

17 have on other modes of transportation; 

18 (B) the effect that any such diversion would 

19 have on public safety, infrastructure, cost respon20 sibilities, fuel efficiency, and the environment; 

21 (C) the effect on the transportation network 

22 of the United States that allowing each covered 

23 truck configuration to operate would have; and 

24 (D) whether allowing each covered truck 

25 configuration to operate would result in an in-
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1 crease or decrease in the total number of trucks 

2 operating on principal arterial routes and Na3 tional Highway System intermodal connectors; 

4 and 

5 (9) identify all Federal rules and regulations im6 pacted by changes in truck size and weight limits. 

7 (b) REPORT.—Not later than 2 years after the date 

8 that the study is commenced under subsection (a), the Sec9 retary shall submit a final report on the study, including 

10 all findings and recommendations, to the Committee on 

11 Commerce, Science, and Transportation and the Committee 

12 on Environment and Public Works of the Senate and the 

13 Committee on Transportation and Infrastructure of the 

14 House of Representatives. 

15 SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE 

16 AND WEIGHT LIMIT LAWS. 

17 (a) IN GENERAL.—Not later than 90 days after the 

18 date of enactment of this Act, the Secretary, in consultation 

19 with the States, shall begin to compile— 

20 (1) a list for each State, as applicable, that de21 scribes each route of the National Highway System 

22 that allows a vehicle to operate in excess of the Fed23 eral truck size and weight limits that— 

24 (A) was authorized under State law on or 

25 before the date of enactment of this Act; and 
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1 (B) was in actual and lawful operation on 

2 a regular or periodic basis (including seasonal 

3 operations) on or before the date of enactment of 

4 this Act; 

5 (2) a list for each State, as applicable, that de6 scribes— 

7 (A) the size and weight limitations applica8 ble to each segment of the National Highway 

9 System in that State as listed under paragraph 

10 (1); 

11 (B) each combination that exceeds the Inter12 state weight limit, but that the Department of 

13 Transportation, other Federal agency, or a State 

14 agency has determined on or before the date of 

15 enactment of this Act, could be or could have 

16 been lawfully operated in the State; and 

17 (C) each combination that exceeds the Inter18 state weight limit, but that the Secretary deter19 mines could have been lawfully operated on a 

20 non-Interstate segment of the National Highway 

21 System in the State on or before the date of en22 actment of this Act; and 

23 (3) a list of each State law that designates or al24 lows designation of size and weight limitations in ex25 cess of Federal law and regulations on routes of the 
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1 National Highway System, including nondivisible 

2 loads. 

3 (b) SPECIFICATIONS.—The Secretary, in consultation 

4 with the States, shall specify whether the determinations 

5 under paragraphs (1) and (2) of subsection (a) were made 

6 by the Department of Transportation, other Federal agency, 

7 or a State agency. 

8 (c) REPORT.—Not later than 2 years after the date of 

9 enactment of this Act, the Secretary shall submit a final 

10 report of the compilation under subsection (a) to the Com11 mittee on Commerce, Science, and Transportation and the 

12 Committee on Environment and Public Works of the Senate 

13 and the Committee on Transportation and Infrastructure 

14 of the House of Representatives. 

15 Subtitle I—Miscellaneous 

16 PART I—MISCELLANEOUS 

17 SEC. 32911. DETENTION TIME STUDY. 

18 (a) STUDY.—Not later than 30 days after the date of 

19 enactment of this Act, the Secretary shall task the Motor 

20 Carrier Safety Advisory Committee to study the extent to 

21 which detention time contributes to drivers violating hours 

22 of service requirements and driver fatigue. In conducting 

23 this study, the Committee shall— 

24 (1) examine data collected from driver and vehi25 cle inspections; 
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1 (2) consult with— 

2 (A) motor carriers and drivers, shippers, 

3 and representatives of ports and other facilities 

4 where goods are loaded and unloaded; 

5 (B) government officials; and 

6 (C) other parties as appropriate; and 

7 (3) provide recommendations to the Secretary for 

8 addressing issues identified in the study. 

9 (b) REPORT.—Not later than 18 months after the date 

10 of enactment of this Act, the Secretary shall provide a re11 port to the Committee on Commerce, Science, and Trans12 portation of the Senate and the Committee on Transpor13 tation and Infrastructure of the House of Representatives 

14 that includes recommendations for legislation and for ad15 dressing the results of the study. 

16 SEC. 32912. PROHIBITION OF COERCION. 

17 Section 31136(a) is amended by— 

18 (1) striking ‘‘and’’ at the end of paragraph (3); 

19 (2) striking the period at the end of paragraph 

20 (4) and inserting ‘‘; and’’; and 

21 (3) adding after subsection (4) the following: 

22 ‘‘(5) an operator of a commercial motor vehicle 

23 is not coerced by a motor carrier, shipper, receiver, or 

24 transportation intermediary to operate a commercial 

25 motor vehicle in violation of a regulation promul-
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1 gated under this section, or chapter 51 or chapter 313 

2 of this title.’’. 

3 SEC. 32913. MOTOR CARRIER SAFETY ADVISORY COM4 MITTEE. 

5 (a) MEMBERSHIP.—Section 4144(b)(1) of the Safe, Ac6 countable, Flexible, Efficient Transportation Equity Act: A 

7 Legacy for Users (49 U.S.C. 31100 note), is amended by 

8 inserting ‘‘nonprofit employee labor organizations rep9 resenting commercial motor vehicle drivers,’’ after ‘‘indus10 try,’’. 

11 (b) TERMINATION DATE.—Section 4144(d) of the Safe, 

12 Accountable, Flexible, Efficient Transportation Equity Act: 

13 A Legacy for Users (49 U.S.C. 31100 note), is amended by 

14 striking ‘‘March 31, 2012’’ and inserting ‘‘September 30, 

15 2013’’. 

16 SEC. 32914. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. 

17 (a) WAIVER STANDARDS.—Section 31315(a) is amend18 ed— 

19 (1) by inserting ‘‘and’’ at the end of paragraph 

20 (2); 

21 (2) by striking paragraph (3); and 

22 (3) redesignating paragraph (4) as paragraph 

23 (3). 

24 (b) EXEMPTION STANDARDS.—Section 31315(b)(4) is 

25 amended— 
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1 (1) in subparagraph (A), by inserting ‘‘(or, in 

2 the case of a request for an exemption from the phys3 ical qualification standards for commercial motor ve4 hicle drivers, post on a web site established by the 

5 Secretary to implement the requirements of section 

6 31149)’’ after ‘‘Federal Register’’; 

7 (2) by amending subparagraph (B) to read as 

8 follows: 

9 ‘‘(B) UPON GRANTING A REQUEST.—Upon 

10 granting a request and before the effective date of 

11 the exemption, the Secretary shall publish in the 

12 Federal Register (or, in the case of an exemption 

13 from the physical qualification standards for 

14 commercial motor vehicle drivers, post on a web 

15 site established by the Secretary to implement 

16 the requirements of section 31149) the name of 

17 the person granted the exemption, the provisions 

18 from which the person is exempt, the effective pe19 riod, and the terms and conditions of the exemp20 tion.’’; and 

21 (3) in subparagraph (C), by inserting ‘‘(or, in 

22 the case of a request for an exemption from the phys23 ical qualification standards for commercial motor ve24 hicle drivers, post on a web site established by the 
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1 Secretary to implement the requirements of section 

2 31149)’’ after ‘‘Federal Register’’. 

3 (c) PROVIDING NOTICE OF EXEMPTIONS TO STATE

4 PERSONNEL.—Section 31315(b)(7) is amended to read as 

5 follows: 

6 ‘‘(7) NOTIFICATION OF STATE COMPLIANCE AND

7 ENFORCEMENT PERSONNEL.—Before the effective date 

8 of an exemption, the Secretary shall notify a State 

9 safety compliance and enforcement agency, and re10 quire the agency pursuant to section 31102(b)(1)(Y) 

11 to notify the State’s roadside inspectors, that a person 

12 will be operating pursuant to an exemption and the 

13 terms and conditions that apply to the exemption.’’. 

14 (d) PILOT PROGRAMS.—Section 31315(c)(1) is amend15 ed by striking ‘‘in the Federal Register’’. 

16 (e) REPORT TO CONGRESS.—Section 31315 is amend17 ed by adding after subsection (d) the following: 

18 ‘‘(e) REPORT TO CONGRESS.—The Secretary shall sub19 mit an annual report to the Committee on Commerce, 

20 Science, and Transportation of the Senate and the Com21 mittee on Transportation and Infrastructure of the House 

22 of Representatives listing the waivers, exemptions, and pilot 

23 programs granted under this section, and any impacts on 

24 safety. 
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1 ‘‘(f) WEB SITE.—The Secretary shall ensure that the 

2 Federal Motor Carrier Safety Administration web site in3 cludes a link to the web site established by the Secretary 

4 to implement the requirements under sections 31149 and 

5 31315. The link shall be in a clear and conspicuous location 

6 on the home page of the Federal Motor Carrier Safety Ad7 ministration web site and be easily accessible to the pub8 lic.’’. 

9 SEC. 32915. REGISTRATION REQUIREMENTS. 

10 (a) REQUIREMENTS FOR REGISTRATION.—Section 

11 13901 is amended to read as follows: 

12 ‘‘§ 13901. Requirements for registration 

13 ‘‘(a) IN GENERAL.—A person may not provide trans14 portation as a motor carrier subject to jurisdiction under 

15 subchapter I of chapter 135 or service as a freight forwarder 

16 subject to jurisdiction under subchapter III of such chapter, 

17 or be a broker for transportation subject to jurisdiction 

18 under subchapter I of such chapter unless the person is reg19 istered under this chapter to provide such transportation 

20 or service. 

21 ‘‘(b) REGISTRATION NUMBERS.— 

22 ‘‘(1) IN GENERAL.—If the Secretary registers a 

23 person under this chapter to provide transportation 

24 or service, including as a motor carrier, freight for25 warder, or broker, the Secretary shall issue a distinc-
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1 tive registration number to the person for each such 

2 authority to provide transportation or service for 

3 which the person is registered. 

4 ‘‘(2) TRANSPORTATION OR SERVICE TYPE INDI5 CATOR.—A number issued under paragraph (1) shall 

6 include an indicator of the type of transportation or 

7 service for which the registration number is issued, 

8 including whether the registration number is issued 

9 for registration of a motor carrier, freight forwarder, 

10 or broker. 

11 ‘‘(c) SPECIFICATION OF AUTHORITY.—For each agree12 ment to provide transportation or service for which reg13 istration is required under this chapter, the registrant shall 

14 specify, in writing, the authority under which the person 

15 is providing such transportation or service.’’. 

16 (b) AVAILABILITY OF INFORMATION.— 

17 (1) IN GENERAL.—Chapter 139 is amended by 

18 adding at the end the following: 

19 ‘‘§ 13909. Availability of information 

20 ‘‘The Secretary shall make information relating to reg21 istration and financial security required by this chapter 

22 publicly available on the Internet, including–– 

23 ‘‘(1) the names and business addresses of the 

24 principals of each entity holding such registration; 

25 and 
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1 ‘‘(2) the electronic address of the entity’s surety 

2 provider for the submission of claims.’’. 

3 (2) CONFORMING AMENDMENT.—The analysis for 

4 chapter 139 is amended by adding at the end the fol5 lowing: 

‘‘13909. Availability of information.’’. 

6 SEC. 32916. ADDITIONAL MOTOR CARRIER REGISTRATION 

7 REQUIREMENTS. 

8 Section 13902, as amended by sections 32101 and 

9 32107(a) of this Act, is amended–– 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by inserting ‘‘using 

12 self-propelled vehicles the motor carrier owns or 

13 leases’’ after ‘‘motor carrier’’; and 

14 (B) by adding at the end the following: 

15 ‘‘(6) SEPARATE REGISTRATION REQUIRED.—A 

16 motor carrier may not broker transportation services 

17 unless the motor carrier has registered as a broker 

18 under this chapter.’’; and 

19 (2) by inserting after subsection (h) the fol20 lowing: 

21 ‘‘(i) REGISTRATION AS FREIGHT FORWARDER OR

22 BROKER REQUIRED.—A motor carrier registered under this 

23 chapter–– 

24 ‘‘(1) may only provide transportation of prop25 erty with self-propelled motor vehicles owned or leased 
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1 by the motor carrier or interchanges under regula2 tions issued by the Secretary if the originating car3 rier— 

4 ‘‘(A) physically transports the cargo at 

5 some point; and 

6 ‘‘(B) retains liability for the cargo and for 

7 payment of interchanged carriers; and 

8 ‘‘(2) may not arrange transportation described 

9 in paragraph (1) unless the motor carrier has ob10 tained a separate registration as a freight forwarder 

11 or broker for transportation under section 13903 or 

12 13904, as applicable.’’. 

13 SEC. 32917. REGISTRATION OF FREIGHT FORWARDERS AND 

14 BROKERS. 

15 (a) REGISTRATION OF FREIGHT FORWARDERS.—Sec16 tion 13903, as amended by section 32107(b) of this Act, is 

17 amended— 

18 (1) in subsection (a)— 

19 (A) by striking ‘‘finds that the person is fit’’ 

20 and inserting the following: ‘‘determines that the 

21 person–– 

22 ‘‘(1) has sufficient experience to qualify the per23 son to act as a freight forwarder; and 

24 ‘‘(2) is fit’’; and 

25 (B) by striking ‘‘and the Board’’; 
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1 (2) by redesignating subsections (b) and (c) as 

2 subsections (d) and (e), respectively; 

3 (3) by inserting after subsection (a) the fol4 lowing: 

5 ‘‘(b) DURATION.—A registration issued under sub6 section (a) shall only remain in effect while the freight for7 warder is in compliance with section 13906(c). 

8 ‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.— 

9 Each freight forwarder shall employ, as an officer, an indi10 vidual who–– 

11 ‘‘(1) has at least 3 years of relevant experience; 

12 or 

13 ‘‘(2) provides the Secretary with satisfactory evi14 dence of the individual’s knowledge of related rules, 

15 regulations, and industry practices.’’; and 

16 (4) by amending subsection (d), as redesignated, 

17 to read as follows: 

18 ‘‘(d) REGISTRATION AS MOTOR CARRIER RE19 QUIRED.—A freight forwarder may not provide transpor20 tation as a motor carrier unless the freight forwarder has 

21 registered separately under this chapter to provide trans22 portation as a motor carrier.’’. 

23 (b) REGISTRATION OF BROKERS.—Section 13904, as 

24 amended by section 32107(c) of this Act, is amended— 
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1 (1) in subsection (a), by striking ‘‘finds that the 

2 person is fit’’ and inserting the following: ‘‘determines 

3 that the person–– 

4 ‘‘(1) has sufficient experience to qualify the per5 son to act as a broker for transportation; and 

6 ‘‘(2) is fit’’; 

7 (2) by redesignating subsections (b), (c), (d), and 

8 (e) as subsections (d), (e), (f), and (g) respectively; 

9 (3) by inserting after subsection (a) the fol10 lowing: 

11 ‘‘(b) DURATION.—A registration issued under sub12 section (a) shall only remain in effect while the broker for 

13 transportation is in compliance with section 13906(b). 

14 ‘‘(c) EXPERIENCE OR TRAINING REQUIREMENTS.— 

15 Each broker shall employ, as an officer, an individual who– 

16 – 

17 ‘‘(1) has at least 3 years of relevant experience; 

18 or 

19 ‘‘(2) provides the Secretary with satisfactory evi20 dence of the individual’s knowledge of related rules, 

21 regulations, and industry practices.’’; and 

22 (4) by amending subsection (d), as redesignated, 

23 to read as follows: 

24 ‘‘(d) REGISTRATION AS MOTOR CARRIER RE25 QUIRED.—A broker for transportation may not provide 
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1 transportation as a motor carrier unless the broker has reg2 istered separately under this chapter to provide transpor3 tation as a motor carrier.’’. 

4 SEC. 32918. EFFECTIVE PERIODS OF REGISTRATION. 

5 Section 13905(c) is amended to read as follows: 

6 ‘‘(c) EFFECTIVE PERIOD.— 

7 ‘‘(1) IN GENERAL.—Except as otherwise provided 

8 in this part, each registration issued under section 

9 13902, 13903, or 13904— 

10 ‘‘(A) shall be effective beginning on the date 

11 specified by the Secretary; and 

12 ‘‘(B) shall remain in effect for such period 

13 as the Secretary determines appropriate by regu14 lation. 

15 ‘‘(2) REISSUANCE OF REGISTRATION.— 

16 ‘‘(A) REQUIREMENT.—Not later than 4 

17 years after the date of the enactment of the Com18 mercial Motor Vehicle Safety Enhancement Act 

19 of 2012, the Secretary shall require a freight for20 warder or broker to renew its registration issued 

21 under this chapter. 

22 ‘‘(B) EFFECTIVE PERIOD.—Each registra23 tion renewal under subparagraph (A)— 

24 ‘‘(i) shall expire not later than 5 years 

25 after the date of such renewal; and 
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1 ‘‘(ii) may be further renewed as pro2 vided under this chapter. 

3 ‘‘(3) REGISTRATION UPDATE.—The Secretary 

4 shall require a motor carrier, freight forwarder, or 

5 broker to update its registration under this chapter 

6 periodically or not later than 30 days after any 

7 change in address, other contact information, officers, 

8 process agent, or other essential information, as deter9 mined by the Secretary and published in the Federal 

10 Register.’’. 

11 SEC. 32919. FINANCIAL SECURITY OF BROKERS AND 

12 FREIGHT FORWARDERS. 

13 (a) IN GENERAL.—Section 13906 is amended by strik14 ing subsections (b) and (c) and inserting the following: 

15 ‘‘(b) BROKER FINANCIAL SECURITY REQUIRE16 MENTS.— 

17 ‘‘(1) REQUIREMENTS.— 

18 ‘‘(A) IN GENERAL.—The Secretary may reg19 ister a person as a broker under section 13904 

20 only if the person files with the Secretary a sur21 ety bond, proof of trust fund, or other financial 

22 security, or a combination thereof, in a form and 

23 amount, and from a provider, determined by the 

24 Secretary to be adequate to ensure financial re25 sponsibility. 
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1 ‘‘(B) USE OF A GROUP SURETY BOND, 

2 TRUST FUND, OR OTHER SURETY.—In imple3 menting the standards established by subpara4 graph (A), the Secretary may authorize the use 

5 of a group surety bond, trust fund, or other fi6 nancial security, or a combination thereof, that 

7 meets the requirements of this subsection. 

8 ‘‘(C) SURETY BONDS.—A surety bond ob9 tained under this section may only be obtained 

10 from a bonding company that has been approved 

11 by the Secretary of the Treasury. 

12 ‘‘(D) PROOF OF TRUST OR OTHER FINAN13 CIAL SECURITY.—For purposes of subparagraph 

14 (A), a trust fund or other financial security may 

15 be acceptable to the Secretary only if the trust 

16 fund or other financial security consists of assets 

17 readily available to pay claims without resort to 

18 personal guarantees or collection of pledged ac19 counts receivable. 

20 ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 

21 ‘‘(A) PAYMENT OF CLAIMS.—A surety bond, 

22 trust fund, or other financial security obtained 

23 under paragraph (1) shall be available to pay 

24 any claim against a broker arising from its fail25 ure to pay freight charges under its contracts, 
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1 agreements, or arrangements for transportation 

2 subject to jurisdiction under chapter 135 if–– 

3 ‘‘(i) subject to the review by the surety 

4 provider, the broker consents to the pay5 ment; 

6 ‘‘(ii) in any case in which the broker 

7 does not respond to adequate notice to ad8 dress the validity of the claim, the surety 

9 provider determines that the claim is valid; 

10 or 

11 ‘‘(iii) the claim is not resolved within 

12 a reasonable period of time following a rea13 sonable attempt by the claimant to resolve 

14 the claim under clauses (i) and (ii), and the 

15 claim is reduced to a judgment against the 

16 broker. 

17 ‘‘(B) RESPONSE OF SURETY PROVIDERS TO

18 CLAIMS.—If a surety provider receives notice of 

19 a claim described in subparagraph (A), the sur20 ety provider shall–– 

21 ‘‘(i) respond to the claim on or before 

22 the 30th day following the date on which the 

23 notice was received; and 
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1 ‘‘(ii) in the case of a denial, set forth 

2 in writing for the claimant the grounds for 

3 the denial. 

4 ‘‘(C) COSTS AND ATTORNEY’S FEES.—In 

5 any action against a surety provider to recover 

6 on a claim described in subparagraph (A), the 

7 prevailing party shall be entitled to recover its 

8 reasonable costs and attorney’s fees. 

9 ‘‘(3) MINIMUM FINANCIAL SECURITY.—Each 

10 broker subject to the requirements of this section shall 

11 provide financial security of $100,000 for purposes of 

12 this subsection, regardless of the number of branch of13 fices or sales agents of the broker. 

14 ‘‘(4) CANCELLATION NOTICE.—If a financial se15 curity required under this subsection is canceled–– 

16 ‘‘(A) the holder of the financial security 

17 shall provide electronic notification to the Sec18 retary of the cancellation not later than 30 days 

19 before the effective date of the cancellation; and 

20 ‘‘(B) the Secretary shall immediately post 

21 such notification on the public Internet Website 

22 of the Department of Transportation. 

23 ‘‘(5) SUSPENSION.—The Secretary shall imme24 diately suspend the registration of a broker issued 

25 under this chapter if the available financial security 
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1 of that person falls below the amount required under 

2 this subsection. 

3 ‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINAN4 CIAL FAILURE OR INSOLVENCY.—If a broker registered 

5 under this chapter experiences financial failure or in6 solvency, the surety provider of the broker shall–– 

7 ‘‘(A) submit a notice to cancel the financial 

8 security to the Administrator in accordance with 

9 paragraph (4); 

10 ‘‘(B) publicly advertise for claims for 60 

11 days beginning on the date of publication by the 

12 Secretary of the notice to cancel the financial se13 curity; and 

14 ‘‘(C) pay, not later than 30 days after the 

15 expiration of the 60-day period for submission of 

16 claims–– 

17 ‘‘(i) all uncontested claims received 

18 during such period; or 

19 ‘‘(ii) a pro rata share of such claims if 

20 the total amount of such claims exceeds the 

21 financial security available. 

22 ‘‘(7) PENALTIES.— 

23 ‘‘(A) CIVIL ACTIONS.—Either the Secretary 

24 or the Attorney General of the United States 

25 may bring a civil action in an appropriate dis-
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1 trict court of the United States to enforce the re2 quirements of this subsection or a regulation pre3 scribed or order issued under this subsection. The 

4 court may award appropriate relief, including 

5 injunctive relief. 

6 ‘‘(B) CIVIL PENALTIES.—If the Secretary 

7 determines, after notice and opportunity for a 

8 hearing, that a surety provider of a broker reg9 istered under this chapter has violated the re10 quirements of this subsection or a regulation pre11 scribed under this subsection, the surety provider 

12 shall be liable to the United States for a civil 

13 penalty in an amount not to exceed $10,000. 

14 ‘‘(C) ELIGIBILITY.—If the Secretary deter15 mines, after notice and opportunity for a hear16 ing, that a surety provider of a broker registered 

17 under this chapter has violated the requirements 

18 of this subsection or a regulation prescribed 

19 under this subsection, the surety provider shall 

20 be ineligible to provider broker financial security 

21 for 3 years. 

22 ‘‘(8) FINANCIAL SECURITY AMOUNT ASSESS23 MENT.—Every 5 years, the Secretary shall review, 

24 with public notice and comment, the amount of the fi25 nancial security required under this subsection to de-
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† HR 4348 EAS 

1 termine whether such amounts are sufficient to pro2 vide adequate financial security, and shall be author3 ized to increase those amounts, if necessary, based 

4 upon that determination. 

5 ‘‘(c) FREIGHT FORWARDER FINANCIAL SECURITY RE6 QUIREMENTS.— 

7 ‘‘(1) REQUIREMENTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary may reg9 ister a person as a freight forwarder under sec10 tion 13903 only if the person files with the Sec11 retary a surety bond, proof of trust fund, other 

12 financial security, or a combination of such in13 struments, in a form and amount, and from a 

14 provider, determined by the Secretary to be ade15 quate to ensure financial responsibility. 

16 ‘‘(B) USE OF A GROUP SURETY BOND, 

17 TRUST FUND, OR OTHER FINANCIAL SECURITY.— 

18 In implementing the standards established under 

19 subparagraph (A), the Secretary may authorize 

20 the use of a group surety bond, trust fund, other 

21 financial security, or a combination of such in22 struments, that meets the requirements of this 

23 subsection. 

24 ‘‘(C) SURETY BONDS.—A surety bond ob25 tained under this section may only be obtained 
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1 from a bonding company that has been approved 

2 by the Secretary of the Treasury. 

3 ‘‘(D) PROOF OF TRUST OR OTHER FINAN4 CIAL SECURITY.—For purposes of subparagraph 

5 (A), a trust fund or other financial security may 

6 not be accepted by the Secretary unless the trust 

7 fund or other financial security consists of assets 

8 readily available to pay claims without resort to 

9 personal guarantees or collection of pledged ac10 counts receivable. 

11 ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 

12 ‘‘(A) PAYMENT OF CLAIMS.—A surety bond, 

13 trust fund, or other financial security obtained 

14 under paragraph (1) shall be available to pay 

15 any claim against a freight forwarder arising 

16 from its failure to pay freight charges under its 

17 contracts, agreements, or arrangements for trans18 portation subject to jurisdiction under chapter 

19 135 if–– 

20 ‘‘(i) subject to the review by the surety 

21 provider, the freight forwarder consents to 

22 the payment; 

23 ‘‘(ii) in the case the freight forwarder 

24 does not respond to adequate notice to ad-
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1 dress the validity of the claim, the surety 

2 provider determines the claim is valid; or 

3 ‘‘(iii) the claim— 

4 ‘‘(I) is not resolved within a rea5 sonable period of time following a rea6 sonable attempt by the claimant to re7 solve the claim under clauses (i) and 

8 (ii); and 

9 ‘‘(II) is reduced to a judgment 

10 against the freight forwarder. 

11 ‘‘(B) RESPONSE OF SURETY PROVIDERS TO

12 CLAIMS.—If a surety provider receives notice of 

13 a claim described in subparagraph (A), the sur14 ety provider shall–– 

15 ‘‘(i) respond to the claim on or before 

16 the 30th day following receipt of the notice; 

17 and 

18 ‘‘(ii) in the case of a denial, set forth 

19 in writing for the claimant the grounds for 

20 the denial. 

21 ‘‘(C) COSTS AND ATTORNEY’S FEES.—In 

22 any action against a surety provider to recover 

23 on a claim described in subparagraph (A), the 

24 prevailing party shall be entitled to recover its 

25 reasonable costs and attorney’s fees. 
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1 ‘‘(3) FREIGHT FORWARDER INSURANCE.— 

2 ‘‘(A) IN GENERAL.—The Secretary may reg3 ister a person as a freight forwarder under sec4 tion 13903 only if the person files with the Sec5 retary a surety bond, insurance policy, or other 

6 type of financial security that meets standards 

7 prescribed by the Secretary. 

8 ‘‘(B) LIABILITY INSURANCE.—A financial 

9 security filed by a freight forwarder under sub10 paragraph (A) shall be sufficient to pay an 

11 amount, not to exceed the amount of the finan12 cial security, for each final judgment against the 

13 freight forwarder for bodily injury to, or death 

14 of, an individual, or loss of, or damage to, prop15 erty (other than property referred to in subpara16 graph (C)), resulting from the negligent oper17 ation, maintenance, or use of motor vehicles by, 

18 or under the direction and control of, the freight 

19 forwarder while providing transfer, collection, or 

20 delivery service under this part. 

21 ‘‘(C) CARGO INSURANCE.—The Secretary 

22 may require a registered freight forwarder to file 

23 with the Secretary a surety bond, insurance pol24 icy, or other type of financial security approved 

25 by the Secretary, that will pay an amount, not 
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† HR 4348 EAS 

1 to exceed the amount of the financial security, 

2 for loss of, or damage to, property for which the 

3 freight forwarder provides service. 

4 ‘‘(4) MINIMUM FINANCIAL SECURITY.—Each 

5 freight forwarder subject to the requirements of this 

6 section shall provide financial security of $100,000, 

7 regardless of the number of branch offices or sales 

8 agents of the freight forwarder. 

9 ‘‘(5) CANCELLATION NOTICE.—If a financial se10 curity required under this subsection is canceled–– 

11 ‘‘(A) the holder of the financial security 

12 shall provide electronic notification to the Sec13 retary of the cancellation not later than 30 days 

14 before the effective date of the cancellation; and 

15 ‘‘(B) the Secretary shall immediately post 

16 such notification on the public Internet web site 

17 of the Department of Transportation. 

18 ‘‘(6) SUSPENSION.—The Secretary shall imme19 diately suspend the registration of a freight forwarder 

20 issued under this chapter if its available financial se21 curity falls below the amount required under this sub22 section. 

23 ‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINAN24 CIAL FAILURE OR INSOLVENCY.—If a freight for25 warder registered under this chapter experiences fi-
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† HR 4348 EAS 

1 nancial failure or insolvency, the surety provider of 

2 the freight forwarder shall–– 

3 ‘‘(A) submit a notice to cancel the financial 

4 security to the Administrator in accordance with 

5 paragraph (5); 

6 ‘‘(B) publicly advertise for claims for 60 

7 days beginning on the date of publication by the 

8 Secretary of the notice to cancel the financial se9 curity; and 

10 ‘‘(C) pay, not later than 30 days after the 

11 expiration of the 60-day period for submission of 

12 claims–– 

13 ‘‘(i) all uncontested claims received 

14 during such period; or 

15 ‘‘(ii) a pro rata share of such claims if 

16 the total amount of such claims exceeds the 

17 financial security available. 

18 ‘‘(8) PENALTIES.— 

19 ‘‘(A) CIVIL ACTIONS.—Either the Secretary 

20 or the Attorney General may bring a civil action 

21 in an appropriate district court of the United 

22 States to enforce the requirements of this sub23 section or a regulation prescribed or order issued 

24 under this subsection. The court may award ap25 propriate relief, including injunctive relief. 
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† HR 4348 EAS 

1 ‘‘(B) CIVIL PENALTIES.—If the Secretary 

2 determines, after notice and opportunity for a 

3 hearing, that a surety provider of a freight for4 warder registered under this chapter has violated 

5 the requirements of this subsection or a regula6 tion prescribed under this subsection, the surety 

7 provider shall be liable to the United States for 

8 a civil penalty in an amount not to exceed 

9 $10,000. 

10 ‘‘(C) ELIGIBILITY.—If the Secretary deter11 mines, after notice and opportunity for a hear12 ing, that a surety provider of a freight forwarder 

13 registered under this chapter has violated the re14 quirements of this subsection or a regulation pre15 scribed under this subsection, the surety provider 

16 shall be ineligible to provide freight forwarder fi17 nancial security for 3 years. 

18 ‘‘(9) FINANCIAL SECURITY AND INSURANCE

19 AMOUNT ASSESSMENT.—Not less frequently than once 

20 every 5 years, the Secretary— 

21 ‘‘(A) shall review, with public notice and 

22 comment, the amount of the financial security 

23 and insurance required under this subsection to 

24 determine whether such amounts are sufficient to 

25 provide adequate financial security; and 
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1 ‘‘(B) may increase such amounts, if nec2 essary, based upon the determination under sub3 paragraph (A).’’. 

4 (b) RULEMAKING.—Not later than 1 year after the date 

5 of enactment of this Act, the Secretary shall issue regula6 tions to implement and enforce the requirements under sub7 sections (b) and (c) of section 13906 of title 49, United 

8 States Code, as amended by subsection (a). 

9 (c) EFFECTIVE DATE.—The amendments made by sub10 section (a) shall take effect on the date that is 1 year after 

11 the date of enactment of this Act. 

12 SEC. 32920. UNLAWFUL BROKERAGE ACTIVITIES. 

13 (a) IN GENERAL.—Chapter 149 is amended by adding 

14 at the end the following: 

15 ‘‘§ 14916. Unlawful brokerage activities 

16 ‘‘(a) PROHIBITED ACTIVITIES.—Any person that acts 

17 as a broker, other than a non-vessel-operating common car18 rier (as defined in section 40102(16) of title 46) or an ocean 

19 freight forwarder providing brokerage as part of an inter20 national through movement involving ocean transportation 

21 between the United States and a foreign port, is prohibited 

22 from providing interstate brokerage services as a broker un23 less that person–– 

24 ‘‘(1) is registered under, and in compliance with, 

25 section 13903; and 
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† HR 4348 EAS 

1 ‘‘(2) has satisfied the financial security require2 ments under section 13904. 

3 ‘‘(b) CIVIL PENALTIES AND PRIVATE CAUSE OF AC4 TION.—Any person who knowingly authorizes, consents to, 

5 or permits, directly or indirectly, either alone or in con6 junction with any other person, a violation of subsection 

7 (a) is liable–– 

8 ‘‘(1) to the United States Government for a civil 

9 penalty in an amount not to exceed $10,000 for each 

10 violation; and 

11 ‘‘(2) to the injured party for all valid claims in12 curred without regard to amount. 

13 ‘‘(c) LIABLE PARTIES.—The liability for civil pen14 alties and for claims under this section for unauthorized 

15 brokering shall apply, jointly and severally–– 

16 ‘‘(1) to any corporate entity or partnership in17 volved; and 

18 ‘‘(2) to the individual officers, directors, and 

19 principals of such entities.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chapter 

21 149 is amended by adding at the end the following: 

‘‘14916. Unlawful brokerage activities.’’. 

22 PART II—HOUSEHOLD GOODS TRANSPORTATION 

23 SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS 

24 FOR HOUSEHOLD GOODS MOTOR CARRIERS. 

25 (a) Section 13902(a)(2) is amended— 
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† HR 4348 EAS 

1 (1) in subparagraph (B), by striking ‘‘section 

2 13702(c);’’ and inserting ‘‘section 13702(c); and’’; 

3 (2) by amending subparagraph (C) to read as 

4 follows: 

5 ‘‘(C) demonstrates, before being registered, 

6 through successful completion of a proficiency ex7 amination established by the Secretary, knowl8 edge and intent to comply with applicable Fed9 eral laws relating to consumer protection, esti10 mating, consumers’ rights and responsibilities, 

11 and options for limitations of liability for loss 

12 and damage.’’; and 

13 (3) by striking subparagraph (D). 

14 (b) COMPLIANCE REVIEWS OF NEW HOUSEHOLD

15 GOODS MOTOR CARRIERS.—Section 31144(g), as amended 

16 by section 32102 of this Act, is amended by adding at the 

17 end the following: 

18 ‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSE19 HOLD GOODS MOTOR CARRIERS.—(A) In addition to 

20 the requirements of this subsection, the Secretary shall 

21 require, by regulation, each registered household goods 

22 motor carrier to undergo a consumer protection 

23 standards review not later than 18 months after the 

24 household goods motor carrier begins operations under 

25 such authority. 
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† HR 4348 EAS 

1 ‘‘(B) ELEMENTS.—In the regulations issued 

2 pursuant to subparagraph (A), the Secretary 

3 shall establish the elements of the consumer pro4 tections standards review, including basic man5 agement controls. In establishing the elements, 

6 the Secretary shall consider the effects on small 

7 businesses and shall consider establishing alter8 nate locations where such reviews may be con9 ducted for the convenience of small businesses.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall take effect 2 years after the date of enactment 

12 of this Act. 

13 SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSE14 HOLD GOODS. 

15 (a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is 

16 amended by striking ‘‘and 14103’’ and inserting ‘‘, 14103, 

17 and 14915(c)’’. 

18 (b) CIVIL PENALTIES.—Section 14915(a)(1) is amend19 ed by adding at the end the following: 

20 ‘‘The United States may assign all or a portion of the 

21 civil penalty to an aggrieved shipper. The Secretary of 

22 Transportation shall establish criteria upon which such as23 signments shall be made. The Secretary may order, after 

24 notice and an opportunity for a proceeding, that a person 
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† HR 4348 EAS 

1 found holding a household goods shipment hostage return 

2 the goods to an aggrieved shipper.’’. 

3 SEC. 32923. SETTLEMENT AUTHORITY. 

4 (a) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 

5 Section 14901 is amended by adding at the end the fol6 lowing: 

7 ‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PEN8 ALTIES.—Nothing in this section shall be construed to pro9 hibit the Secretary from accepting partial payment of a 

10 civil penalty as part of a settlement agreement in the public 

11 interest, or from holding imposition of any part of a civil 

12 penalty in abeyance.’’. 

13 (b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL PEN14 ALTIES.—Section 14915(a) is amended by adding at the 

15 end the following: 

16 ‘‘(4) SETTLEMENT AUTHORITY.—Nothing in this 

17 section shall be construed as prohibiting the Secretary 

18 from accepting partial payment of a civil penalty as 

19 part of a settlement agreement in the public interest, 

20 or from holding imposition of any part of a civil pen21 alty in abeyance.’’. 

22 SEC. 32924. HOUSEHOLD GOODS TRANSPORTATION ASSIST23 ANCE PROGRAM. 

24 (a) JOINT ASSISTANCE PROGRAM.—Not later than 18 

25 months after the date of enactment of this Act, the Secretary 
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† HR 4348 EAS 

1 shall develop and implement a joint assistance program, 

2 through the Federal Motor Carrier Safety Administra3 tion— 

4 (1) to educate consumers about the household 

5 goods motor carrier industry pursuant to the rec6 ommendations of the task force established under sec7 tion 32925 of this Act; 

8 (2) to improve the Federal Motor Carrier Safety 

9 Administration’s implementation, monitoring, and 

10 coordination of Federal and State household goods en11 forcement activities; 

12 (3) to assist a consumer with the timely resolu13 tion of an interstate household goods hostage situa14 tion, as appropriate; and 

15 (4) to conduct other enforcement activities as 

16 designated by the Secretary. 

17 (b) JOINT ASSISTANCE PROGRAM PARTNERSHIP.—The 

18 Secretary— 

19 (1) may partner with 1 or more household goods 

20 motor carrier industry groups to implement the joint 

21 assistance program under subsection (a); and 

22 (2) shall ensure that each participating house23 hold goods motor carrier industry group— 

24 (A) implements the joint assistance pro25 gram in the best interest of the consumer; 
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1 (B) implements the joint assistance pro2 gram in the public interest; 

3 (C) accurately represents its financial inter4 ests in providing household goods mover services 

5 in the normal course of business and in assisting 

6 consumers resolving hostage situations; 

7 (D) does not hold itself out or misrepresent 

8 itself as an agent of the Federal government; 

9 (E) abides by Federal regulations and 

10 guidelines for the provision of assistance and re11 ceipt of compensation for household goods mover 

12 services; and 

13 (F) accurately represents the Federal and 

14 State remedies that are available to consumers 

15 for resolving interstate household goods hostage 

16 situations. 

17 (c) REPORT.—The Secretary shall submit a report an18 nually to the Committee on Commerce, Science, and Trans19 portation of the Senate and the Committee on Transpor20 tation and Infrastructure of the House of Representatives 

21 providing a detailed description of the joint assistance pro22 gram under subsection (a). 

23 (d) PROHIBITION.—The joint assistance program 

24 under subsection (a) may not include the provision of funds 
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1 by the United States to a consumer for lost, stolen, or dam2 aged items. 

3 SEC. 32925. HOUSEHOLD GOODS CONSUMER EDUCATION 

4 PROGRAM. 

5 (a) TASK FORCE.—The Secretary of Transportation 

6 shall establish a task force to develop recommendations to 

7 ensure that a consumer is informed of Federal law con8 cerning the transportation of household goods by a motor 

9 carrier, including recommendations— 

10 (1) on how to condense publication ESA 03005 

11 of the Federal Motor Carrier Safety Administration 

12 into a format that can be more easily used by a con13 sumer; and 

14 (2) on the use of state-of-the-art education tech15 niques and technologies, including the use of the 

16 Internet as an educational tool. 

17 (b) TASK FORCE MEMBERS.—The task force shall be 

18 comprised of— 

19 (1) individuals with expertise in consumer af20 fairs; 

21 (2) educators with expertise in how people learn 

22 most effectively; and 

23 (3) representatives of the household goods moving 

24 industry. 
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1 (c) RECOMMENDATIONS.—Not later than 1 year after 

2 the date of enactment of this Act, the task force shall com3 plete its recommendations under subsection (a). Not later 

4 than 1 year after the task force completes its recommenda5 tions under subsection (a), the Secretary shall issue regula6 tions implementing the recommendations, as appropriate. 

7 (d) FEDERAL ADVISORY COMMITTEE ACT EXEMP8 TION.—The Federal Advisory Committee Act (5 U.S.C. 

9 App.) shall not apply to the task force. 

10 (e) TERMINATION.—The task force shall terminate 2 

11 years after the date of enactment of this Act. 

12 PART III—TECHNICAL AMENDMENTS 

13 SEC. 32931. UPDATE OF OBSOLETE TEXT. 

14 (a) Section 31137(e), as redesignated by section 32301 

15 of this Act, is amended by striking ‘‘Not later than Decem16 ber 1, 1990, the Secretary shall prescribe’’ and inserting 

17 ‘‘The Secretary shall maintain’’. 

18 (b) Section 31151(a) is amended— 

19 (1) by amending paragraph (1) to read as fol20 lows: 

21 ‘‘(1) IN GENERAL.—The Secretary of Transpor22 tation shall maintain a program to ensure that inter23 modal equipment used to transport intermodal con24 tainers is safe and systematically maintained.’’; and 

25 (2) by striking paragraph (4). 
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1 (c) Section 31307(b) is amended by striking ‘‘Not later 

2 than December 18, 1994, the Secretary shall prescribe’’ and 

3 inserting ‘‘The Secretary shall maintain’’. 

4 (d) Section 31310(g)(1) is amended by striking ‘‘Not 

5 later than 1 year after the date of enactment of this Act, 

6 the’’ and inserting ‘‘The’’. 

7 (e) Section 4123(f) of the Safe, Accountable, Flexible, 

8 Efficient Transportation Equity Act: A Legacy for Users 

9 (119 Stat. 1736), is amended by striking ‘‘Not later than 

10 1 year after the date of enactment of this Act, the’’ and 

11 inserting ‘‘The’’. 

12 SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COM13 MISSION REFERENCES. 

14 (a) SAFETY INFORMATION AND INTERVENTION IN

15 INTERSTATE COMMERCE COMMISSION PROCEEDINGS.— 

16 Chapter 3 is amended— 

17 (1) by repealing section 307; 

18 (2) in the analysis, by striking the item relating 

19 to section 307; 

20 (3) in section 333(d)(1)(C), by striking ‘‘Inter21 state Commerce Commission’’ and inserting ‘‘Surface 

22 Transportation Board’’; and 

23 (4) in section 333(e)— 
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1 (A) by striking ‘‘Interstate Commerce Com2 mission’’ and inserting ‘‘Surface Transportation 

3 Board’’; and 

4 (B) by striking ‘‘Commission’’ and insert5 ing ‘‘Board’’. 

6 (b) FILING AND PROCEDURE FOR APPLICATION TO

7 ABANDON OR DISCONTINUE.—Section 10903(b)(2) is 

8 amended by striking ‘‘24706(c) of this title’’ and inserting 

9 ‘‘24706(c) of this title before May 31, 1998’’. 

10 (c) TECHNICAL AMENDMENTS TO PART C OF SUB11 TITLE V.— 

12 (1) Section 24307(b)(3) is amended by striking 

13 ‘‘Interstate Commerce Commission’’ and inserting 

14 ‘‘Surface Transportation Board’’. 

15 (2) Section 24311 is amended— 

16 (A) by striking ‘‘Interstate Commerce Com17 mission’’ and inserting ‘‘Surface Transportation 

18 Board’’; 

19 (B) by striking ‘‘Commission’’ each place it 

20 appears and inserting ‘‘Board’’; and 

21 (C) by striking ‘‘Commission’s’’ and insert22 ing ‘‘Board’s’’. 

23 (3) Section 24902 is amended— 
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1 (A) by striking ‘‘Interstate Commerce Com2 mission’’ each place it appears and inserting 

3 ‘‘Surface Transportation Board’’; and 

4 (B) by striking ‘‘Commission’’ each place it 

5 appears and inserting ‘‘Board’’. 

6 (4) Section 24904 is amended— 

7 (A) by striking ‘‘Interstate Commerce Com8 mission’’ and inserting ‘‘Surface Transportation 

9 Board’’; and 

10 (B) by striking ‘‘Commission’’ each place it 

11 appears and inserting ‘‘Board’’. 

12 SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS. 

13 (a) Section 13905(f)(1)(A) is amended by striking 

14 ‘‘section 13904(c)’’ and inserting ‘‘section 13904(e)’’; 

15 (b) Section 14504a(c)(1) is amended— 

16 (1) in subparagraph (C), by striking ‘‘sections’’ 

17 and inserting ‘‘section’’; and 

18 (2) in subparagraph (D)(ii)(II) by striking the 

19 period at the end and inserting ‘‘; and’’. 

20 (c) Section 31103(a) is amended by striking ‘‘section 

21 31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’. 

22 (d) Section 31103(b) is amended by striking ‘‘author23 ized by section 31104(f)(2)’’. 

24 (e) Section 31309(b)(2) is amended by striking 

25 ‘‘31308(2)’’ and inserting ‘‘31308(3)’’. 
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1 TITLE III—SURFACE TRANSPOR2 TATION AND FREIGHT POLICY 

3 ACT OF 2012 

4 SEC. 33001. SHORT TITLE. 

5 This title may be cited as the ‘‘Surface Transportation 

6 and Freight Policy Act of 2012’’. 

7 SEC. 33002. ESTABLISHMENT OF A NATIONAL SURFACE 

8 TRANSPORTATION AND FREIGHT POLICY. 

9 (a) IN GENERAL.—Subchapter I of chapter 3 of title 

10 49, United States Code, as amended by section 32932 of 

11 the Commercial Motor Vehicle Safety Enhancement Act of 

12 2012, is amended— 

13 (1) by redesignating sections 304 through 306 as 

14 sections 307 through 309, respectively; 

15 (2) by redesignating sections 308 and 309 as sec16 tions 310 and 311, respectively; 

17 (3) by redesignating sections 303 and 303a as 

18 sections 305 and 306, respectively; and 

19 (4) by inserting after section 302 the following: 

20 ‘‘§ 303. National surface transportation policy 

21 ‘‘(a) POLICY.—It is the policy of the United States to 

22 develop a comprehensive national surface transportation 

23 system that advances the national interest and defense, 

24 interstate and foreign commerce, the efficient and safe inter25 state mobility of people and goods, and the protection of 
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1 the environment. The system shall be built, maintained, 

2 managed, and operated as a partnership between the Fed3 eral, State, and local governments and the private sector 

4 and shall be coordinated with the overall transportation 

5 system of the United States, including the Nation’s air, rail, 

6 pipeline, and water transportation systems. The Secretary 

7 of Transportation shall be responsible for carrying out this 

8 policy. 

9 ‘‘(b) OBJECTIVES.—The objectives of the policy shall 

10 be to facilitate and advance— 

11 ‘‘(1) the improved accessibility and reduced trav12 el times for persons and goods within and between 

13 nations, regions, States, and metropolitan areas; 

14 ‘‘(2) the safety of the public; 

15 ‘‘(3) the security of the Nation and the public; 

16 ‘‘(4) environmental protection; 

17 ‘‘(5) energy conservation and security, including 

18 reducing transportation-related energy use; 

19 ‘‘(6) international and interstate freight move20 ment, trade enhancement, job creation, and economic 

21 development; 

22 ‘‘(7) responsible planning to address population 

23 distribution and employment and sustainable devel24 opment; 
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1 ‘‘(8) the preservation and adequate performance 

2 of system-critical transportation assets, as defined by 

3 the Secretary; 

4 ‘‘(9) reasonable access to the national surface 

5 transportation system for all system users, including 

6 rural communities; 

7 ‘‘(10) the sustainable and adequate financing of 

8 the national surface transportation system; and 

9 ‘‘(11) innovation in transportation services, in10 frastructure, and technology. 

11 ‘‘(c) GOALS.— 

12 ‘‘(1) SPECIFIC GOALS.—The goals of the policy 

13 shall be— 

14 ‘‘(A) to reduce average per capita peak pe15 riod travel times on an annual basis; 

16 ‘‘(B) to reduce national motor vehicle-re17 lated and truck-related fatalities by 50 percent 

18 by 2030; 

19 ‘‘(C) to reduce national surface transpor20 tation delays per capita on an annual basis; 

21 ‘‘(D) to improve the access to employment 

22 opportunities and other economic activities; 

23 ‘‘(E) to increase the percentage of system24 critical surface transportation assets, as defined 
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1 by the Secretary, that are in a state of good re2 pair by 20 percent by 2030; 

3 ‘‘(F) to improve access to public transpor4 tation, intercity passenger rail services, and non5 motorized transportation where travel demand 

6 warrants; 

7 ‘‘(G) to reduce passenger and freight trans8 portation infrastructure-related delays entering 

9 into and out of international points of entry on 

10 an annual basis; 

11 ‘‘(H) to increase travel time reliability on 

12 major freight corridors that connect major popu13 lation centers to freight generators and inter14 national gateways on an annual basis; 

15 ‘‘(I) to ensure adequate transportation of 

16 domestic energy supplies and promote energy se17 curity; 

18 ‘‘(J) to maintain or reduce the percentage of 

19 gross domestic product consumed by transpor20 tation costs; and 

21 ‘‘(K) to reduce transportation-related im22 pacts on the environment and on communities. 

23 ‘‘(2) BASELINES.—Not later than 2 years after 

24 the date of enactment of the Surface Transportation 

25 and Freight Policy Act of 2012, the Secretary shall 
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1 develop baselines for the goals and shall determine ap2 propriate methods of data collection to measure the 

3 attainment of the goals.’’. 

4 (b) FREIGHT POLICY.—Subchapter I of chapter 3 of 

5 title 49, United States Code, as amended by section 

6 33002(a) of this Act, is amended by adding at the end the 

7 following: 

8 ‘‘§ 312. National freight transportation policy. 

9 ‘‘(a) NATIONAL FREIGHT TRANSPORTATION POLICY.— 

10 It is the policy of the United States to improve the effi11 ciency, operation, and security of the national transpor12 tation system to move freight by leveraging investments and 

13 promoting partnerships that advance interstate and foreign 

14 commerce, promote economic competitiveness and job cre15 ation, improve the safe and efficient mobility of goods, and 

16 protect the public health and the environment. 

17 ‘‘(b) OBJECTIVES.—The objectives of the policy are— 

18 ‘‘(1) to target investment in freight transpor19 tation projects that strengthen the economic competi20 tiveness of the United States with a focus on domestic 

21 industries and businesses and the creation and reten22 tion of high-value jobs; 

23 ‘‘(2) to promote and advance energy conservation 

24 and the environmental sustainability of freight move25 ments; 
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1 ‘‘(3) to facilitate and advance the safety and 

2 health of the public, including communities adjacent 

3 to freight movements; 

4 ‘‘(4) to provide for systematic and balanced in5 vestment to improve the overall performance and reli6 ability of the national transportation system to move 

7 freight, including ensuring trade facilitation and 

8 transportation system improvements are mutually 

9 supportive; 

10 ‘‘(5) to promote partnerships between Federal, 

11 State, and local governments, the private sector, and 

12 other transportation stakeholders to leverage invest13 ments in freight transportation projects; and 

14 ‘‘(6) to encourage adoption of operational poli15 cies, such as intelligent transportation systems, to im16 prove the efficiency of freight-related transportation 

17 movements and infrastructure.’’. 

18 (c) CONFORMING AMENDMENTS.—The table of contents 

19 for chapter 3 of title 49, United States Code, is amended— 

20 (1) by redesignating the items relating to sec21 tions 304 through 306 as sections 307 through 309, 

22 respectively; 

23 (2) by redesignating the items relating to sec24 tions 308 and 309 as sections 310 and 311, respec25 tively; 
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1 (3) by redesignating the items relating to sec2 tions 303 and 303a as sections 305 and 306, respec3 tively; 

4 (4) by inserting after the item relating to section 

5 302 the following: 

‘‘303. National surface transportation policy.’’; and 

6 (5) by inserting after the item relating to section 

7 311 the following: 

‘‘312. National freight transportation policy.’’. 

8 SEC. 33003. SURFACE TRANSPORTATION AND FREIGHT 

9 STRATEGIC PLAN. 

10 (a) SURFACE TRANSPORTATION AND FREIGHT STRA11 TEGIC PLAN.—Subchapter I of chapter 3 of title 49, United 

12 States Code, as amended by section 33002 of this Act, is 

13 amended by inserting after section 303 the following— 

14 ‘‘§ 304. National surface transportation and freight 

15 strategic performance plan. 

16 ‘‘(a) DEVELOPMENT.—Not later than 2 years after the 

17 date of enactment of the Surface Transportation and 

18 Freight Policy Act of 2012, the Secretary of Transportation 

19 shall develop and implement a National Surface Transpor20 tation and Freight Performance Plan to achieve the policy, 

21 objectives, and goals set forth in sections 303 and 312. 

22 ‘‘(b) CONTENTS.—The plan shall include— 

23 ‘‘(1) an assessment of the current performance of 

24 the national surface transportation system and an 
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1 analysis of the system’s ability to achieve the policy, 

2 objectives, and goals set forth in sections 303 and 312; 

3 ‘‘(2) an analysis of emerging and long-term pro4 jected trends, including economic and national trade 

5 policies, that will impact the performance, needs, and 

6 uses of the national surface transportation system, in7 cluding the system to move freight; 

8 ‘‘(3) a description of the major challenges to ef9 fectively meeting the policy, objectives, and goals set 

10 forth in sections 303 and 312 and a plan to address 

11 such challenges; 

12 ‘‘(4) a comprehensive strategy and investment 

13 plan to meet the policy, objectives, and goals set forth 

14 in sections 303 and 312, including a strategy to de15 velop the coalitions, partnerships, and other collabo16 rative financing efforts necessary to ensure stable, re17 liable funding and completion of freight corridors and 

18 projects; 

19 ‘‘(5) initiatives to improve transportation mod20 eling, research, data collection, and analysis, includ21 ing those to assess impacts on public health, and envi22 ronmental conditions; 

23 ‘‘(6) guidelines to encourage the appropriate bal24 ance of means to finance the national transportation 
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1 system to move freight to implement the plan and the 

2 investment plan proposed under paragraph (4); and 

3 ‘‘(7) a list of priority freight corridors and gate4 ways to be improved and developed to meet the policy, 

5 objectives, and goals set forth in section 312. 

6 ‘‘(c) CONSULTATION.—In developing the plan required 

7 by subsection (a), the Secretary shall— 

8 ‘‘(1) consult with appropriate Federal agencies, 

9 local, State, and tribal governments, public and pri10 vate transportation stakeholders, non-profit organiza11 tions representing transportation employees, appro12 priate foreign governments, and other interested par13 ties; 

14 ‘‘(2) consider on-going Federal, State, and cor15 ridor-wide transportation plans; 

16 ‘‘(3) provide public notice and hearings and so17 licit public comments on the plan, and 

18 ‘‘(4) as appropriate, establish advisory commit19 tees to assist with developing the plan. 

20 ‘‘(d) SUBMITTAL AND PUBLICATION.—The Secretary 

21 shall— 

22 ‘‘(1) submit the completed plan to the Committee 

23 on Commerce, Science, and Transportation of the 

24 Senate and the Committee on Transportation and In25 frastructure of the House of Representatives; and 
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1 ‘‘(2) post the completed plan on the Department 

2 of Transportation’s public web site. 

3 ‘‘(e) PROGRESS REPORTS.—The Secretary shall sub4 mit biennial progress reports on the implementation of the 

5 plan beginning 2 years after the date of submittal of the 

6 plan under subsection (d)(1). Each progress report shall— 

7 ‘‘(1) describe progress made toward fully imple8 menting the plan and achieving the policies, objec9 tives, and goals established under sections 303 and 

10 312; 

11 ‘‘(2) describe challenges and obstacles to full im12 plementation; 

13 ‘‘(3) describe updates to the plan necessary to re14 flect changed circumstances or new developments; and 

15 ‘‘(4) make policy and legislative recommenda16 tions the Secretary believes are necessary and appro17 priate to fully implement the plan. 

18 ‘‘(f) DATA.—The Secretary shall have the authority to 

19 conduct studies, gather information, and require the pro20 duction of data necessary to develop or update this plan, 

21 consistent with Federal privacy standards. 

22 ‘‘(g) IMPLEMENTATION.—The Secretary shall— 

23 ‘‘(1) develop appropriate performance criteria 

24 and data collections systems for each Federal surface 

25 transportation program consistent with this chapter 
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1 and the Secretary’s statutory authority within these 

2 programs to evaluate: 

3 ‘‘(A) whether such programs are consistent 

4 with the policy, objectives, and goals established 

5 by sections 303 and 312; and 

6 ‘‘(B) how effective such programs are in 

7 contributing to the achievement of the policy, ob8 jectives, and goals established by sections 303 

9 and 312; 

10 ‘‘(2) using the criteria developed under para11 graph (1), periodically evaluate each such program 

12 and provide the results to the public; 

13 ‘‘(3) based on the evaluation performed under 

14 paragraph (2), make any necessary changes or im15 provements to such programs to ensure such consist16 ency and effectiveness consistent with the Secretary’s 

17 statutory authority within these programs; 

18 ‘‘(4) implement this section in a manner that is 

19 consistent with sections 302, 5301, 5503, 10101, and 

20 13101 of this title and section 101 of title 23; 

21 ‘‘(5) review all relevant surface transportation 

22 planning requirements to determine whether such re23 gional, State, and local surface transportation plan24 ning efforts funded with Federal funds are consistent 
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1 with the policy, objectives, and goals established by 

2 this section; and 

3 ‘‘(6) require States and metropolitan planning 

4 organizations to report on the use of Federal surface 

5 transportation funds, consistent with ongoing report6 ing requirements, to provide the Secretary with suffi7 cient information to determine— 

8 ‘‘(A) which projects and priorities were 

9 funded with such funds; 

10 ‘‘(B) the rationale and method employed for 

11 apportioning such funds to the projects and pri12 orities; and 

13 ‘‘(C) how the obligation of such funds is 

14 consistent with or advances the policy, objectives, 

15 and goals established by sections 303 and 312 

16 and the statutory sections referenced in para17 graph (4).’’. 

18 (b) CONFORMING AMENDMENT.—The table of contents 

19 for chapter 3 of title 49, United States Code, is amended 

20 by inserting after the item relating to section 303 the fol21 lowing: 

‘‘304. National surface transportation and freight strategic performance plan.’’. 

22 SEC. 33004. TRANSPORTATION INVESTMENT DATA AND 

23 PLANNING TOOLS. 

24 (a) IN GENERAL.—Not later than 2 years after the 

25 date of enactment of this Act, the Secretary shall— 
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1 (1) develop new tools or improve existing tools to 

2 support an outcome-oriented, performance-based ap3 proach to evaluate proposed freight-related and other 

4 surface transportation projects. These new or im5 proved tools shall include— 

6 (A) a systematic cost-benefit analysis that 

7 supports a valuation of modal alternatives; 

8 (B) an evaluation of external effects on con9 gestion, pollution, the environment, and the pub10 lic health; and 

11 (C) other elements to assist in effective 

12 transportation planning; and 

13 (2) facilitate the collection of transportation-re14 lated data to support a broad range of evaluation 

15 methods and techniques such as demand forecasts, 

16 modal diversion forecasts, estimates of the effect of 

17 proposed investments on congestion, pollution, public 

18 health, and other factors, to assist in making trans19 portation investment decisions. At a minimum, the 

20 Secretary, in consultation with other relevant Federal 

21 agencies, shall consider any improvements to the 

22 Commodity Flow Survey that reduce identified freight 

23 data gaps and deficiencies and help evaluate forecasts 

24 of transportation demand. 
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1 (b) CONSULTATION.—To the extent practicable, the 

2 Secretary shall consult with Federal, State, and local trans3 portation planners to develop, improve, and implement the 

4 tools and collect the data under subsection (a). 

5 (c) ESTABLISHMENT OF PILOT PROGRAM.— 

6 (1) ESTABLISHMENT.—To assist in the develop7 ment of tools under subsection (a) and to inform the 

8 National Surface Transportation and Freight Per9 formance Plan required by section 304 of title 49, 

10 United States Code, the Secretary shall establish a 

11 pilot program under which the Secretary shall con12 duct case studies of States and metropolitan planning 

13 organizations that are designed— 

14 (A) to provide more detailed, in-depth anal15 ysis and data collection with respect to transpor16 tation programs; and 

17 (B) to apply rigorous methods of measuring 

18 and addressing the effectiveness of program par19 ticipants in achieving national transportation 

20 goals. 

21 (2) PRELIMINARY REQUIREMENTS.— 

22 (A) SOLICITATION.—The Secretary shall so23 licit applications to participate in the pilot pro24 gram from States and metropolitan planning or25 ganizations. 
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1 (B) NOTIFICATION.—A State or metropoli2 tan planning organization that desires to par3 ticipate in the pilot program shall notify the 

4 Secretary of such desire before a date determined 

5 by the Secretary. 

6 (C) SELECTION.— 

7 (i) NUMBER OF PROGRAM PARTICI8 PANTS.—The Secretary shall select to par9 ticipate in the pilot program— 

10 (I) not fewer than 3, and not 

11 more than 5, States; and 

12 (II) not fewer than 3, and not 

13 more than 5, metropolitan planning 

14 organizations. 

15 (ii) TIMING.—The Secretary shall se16 lect program participants not later than 3 

17 months after the date of enactment of this 

18 Act. 

19 (iii) DIVERSITY OF PROGRAM PARTICI20 PANTS.—The Secretary shall, to the extent 

21 practicable, select program participants 

22 that represent a broad range of geographic 

23 and demographic areas (including rural 

24 and urban areas) and types of transpor25 tation programs. 
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1 (d) CASE STUDIES.— 

2 (1) BASELINE REPORT.—Not later than 6 

3 months after the date of enactment of this Act, each 

4 program participant shall submit to the Secretary a 

5 baseline report that— 

6 (A) describes the reporting and data collec7 tion processes of the program participant for 

8 transportation investments that are in effect on 

9 the date of the report; 

10 (B) assesses how effective the program par11 ticipant is in achieving the national surface 

12 transportation goals in section 303 of title 49, 

13 United States Code; 

14 (C) describes potential improvements to the 

15 methods and metrics used to measure the effec16 tiveness of the program participant in achieving 

17 national surface transportation goals in section 

18 303 of title 49, United States Code, and the chal19 lenges to implementing such improvements; and 

20 (D) includes an assessment of whether, and 

21 specific reasons why, the preparation and sub22 mission of the baseline report may be limited, 

23 incomplete, or unduly burdensome, including 

24 any recommendations for facilitating the prepa-
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1 ration and submission of similar reports in the 

2 future. 

3 (2) EVALUATION.—Each program participant 

4 shall work cooperatively with the Secretary to evalu5 ate the methods and metrics used to measure the effec6 tiveness of the program participant in achieving na7 tional surface transportation goals in section 303 of 

8 title 49, United States Code, including— 

9 (A) by considering the degree to which such 

10 methods and metrics take into account— 

11 (i) the factors that influence the effec12 tiveness of the program participant in 

13 achieving the national surface transpor14 tation goals; 

15 (ii) all modes of transportation; and 

16 (iii) the transportation program as a 

17 whole, rather than individual projects with18 in the transportation program; and 

19 (B) by identifying steps that could be used 

20 to implement the potential improvements identi21 fied under paragraph (1)(C). 

22 (3) FINAL REPORT.—Not later than 18 months 

23 after the date of enactment of this section, each pro24 gram participant shall submit to the Secretary a 

25 comprehensive final report that— 
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1 (A) contains an updated assessment of the 

2 effectiveness of the program participant in 

3 achieving national surface transportation goals 

4 under section 303 of title 49, United States Code; 

5 and 

6 (B) describes the ways in which the per7 formance of the program participant in col8 lecting and reporting data and carrying out the 

9 transportation program of the program partici10 pant has improved or otherwise changed since 

11 the date of submission of the baseline report 

12 under subparagraph (A). 

13 SEC. 33005. PORT INFRASTRUCTURE DEVELOPMENT INITIA14 TIVE. 

15 Section 50302(c)(3)(C) of title 46, United States Code, 

16 is amended to read as follows: 

17 ‘‘(C) TRANSFERS.—Amounts appropriated 

18 or otherwise made available for any fiscal year 

19 for a marine facility or intermodal facility that 

20 includes maritime transportation may be trans21 ferred, at the option of the recipient of such 

22 amounts, to the Fund and administered by the 

23 Administrator as a component of a project under 

24 the program.’’. 
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1 SEC. 33006. SAFETY FOR MOTORIZED AND NONMOTORIZED 

2 USERS. 

3 (a) IN GENERAL.—Chapter 4 of title 23, United States 

4 Code, is amended by adding at the end the following: 

5 ‘‘§ 413. Safety for motorized and nonmotorized users 

6 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of the Surface Transportation and 

8 Freight Policy Act of 2012, subject to subsection (b), the 

9 Secretary shall establish standards to ensure that the design 

10 of Federal surface transportation projects provides for the 

11 safe and adequate accommodation, in all phases of project 

12 planning, development, and operation, of all users of the 

13 transportation network, including motorized and non14 motorized users. 

15 ‘‘(b) WAIVER FOR STATE LAW OR POLICY.—The Sec16 retary may waive the application of standards established 

17 under subsection (a) to a State that has adopted a law or 

18 policy that provides for the safe and adequate accommoda19 tion as certified by the State (or other grantee), in all 

20 phases of project planning and development, of users of the 

21 transportation network on federally funded surface trans22 portation projects, as determined by the Secretary. 

23 ‘‘(c) COMPLIANCE.— 

24 ‘‘(1) IN GENERAL.—Each State department of 

25 transportation shall submit to the Secretary, at such 

26 time, in such manner, and containing such informa-
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1 tion as the Secretary shall require, a report describing 

2 the implementation by the State of measures to 

3 achieve compliance with this section. 

4 ‘‘(2) DETERMINATION BY SECRETARY.—On re5 ceipt of a report under paragraph (1), the Secretary 

6 shall determine whether the applicable State has 

7 achieved compliance with this section.’’. 

8 (b) CONFORMING AMENDMENT.—The analysis for 

9 chapter 4 of title 23, United States Code, is amended by 

10 adding at the end the following: 

‘‘413. Safety for motorized and nonmotorized users.’’. 

11 SEC. 33007. BUY AMERICA WAIVER REQUIREMENTS. 

12 (a) NOTICE AND COMMENT OPPORTUNITIES.— 

13 (1) IN GENERAL.—If the Secretary receives a re14 quest for a waiver under section 313(b) of title 23, 

15 United States Code, or under section 24305(f)(4) or 

16 24405(a)(2) of title 49, United States Code, the Sec17 retary shall provide notice of, and an opportunity for 

18 public comment on, the request not later than 15 days 

19 before making a finding based on such request. 

20 (2) NOTICE REQUIREMENTS.—Each notice pro21 vided under paragraph (1)— 

22 (A) shall include the information available 

23 to the Secretary concerning the request, includ24 ing the requestor’s justification for such request; 

25 and 
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1 (B) shall be provided electronically, includ2 ing on the official public Internet website of the 

3 Department. 

4 (3) PUBLICATION OF DETAILED JUSTIFICA5 TION.—If the Secretary issues a waiver pursuant to 

6 the authority granted under a provision referenced in 

7 paragraph (1), the Secretary shall publish, in the 

8 Federal Register, a detailed justification for the waiv9 er that— 

10 (A) addresses the public comments received 

11 under paragraph (1); and 

12 (B) is published before the waiver takes ef13 fect. 

14 (b) CONSISTENCY WITH INTERNATIONAL AGREE15 MENTS.—This section shall be applied in a manner that 

16 is consistent with United States obligations under relevant 

17 international agreements. 

18 (c) REVIEW OF NATIONWIDE WAIVERS.—Not later 

19 than 1 year after the date of the enactment of the Moving 

20 Ahead for Progress in the 21st Century Act, and at least 

21 once every 5 years thereafter, the Secretary shall review 

22 each standing nationwide waiver issued pursuant to the au23 thority granted under any of the provisions referenced in 

24 paragraph (1) to determine whether continuing such waiver 

25 is necessary. 
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1 (d) BUY AMERICA REPORTING.—Section 308 of title 

2 49, United States Code, is amended by inserting after sub3 section (c) the following: 

4 ‘‘(d) Not later than February 1, 2013, and annually 

5 thereafter, the Secretary shall submit a report to Congress 

6 that— 

7 ‘‘(1) specifies each highway, public transpor8 tation, or railroad project for which the Secretary 

9 issued a waiver from a Buy America requirement 

10 pursuant to the authority granted under section 

11 313(b) of title 23, United States Code, or under sec12 tion 24305(f)(4) or 24405(a)(2) of title 49, United 

13 States Code, during the preceding calendar year; 

14 ‘‘(2) identifies the country of origin and product 

15 specifications for the steel, iron, or manufactured 

16 goods acquired pursuant to each of the waivers speci17 fied under paragraph (1); and 

18 ‘‘(3) summarizes the monetary value of contracts 

19 awarded pursuant to each such waiver.’’. 

20 SEC. 33008. MAKE IT IN AMERICA INITIATIVE. 

21 (a) MEMORANDUM OF AGREEMENT.—The term 

22 ‘‘Memorandum of Agreement’’ means the August 2011 

23 Memorandum of Agreement between the Department of 

24 Transportation and the Department of Commerce entitled 
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1 ‘‘Development of a Domestic Supply Base for Intermodal 

2 Transportation in the U.S.’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Congress 

4 that collaboration between the Department of Transpor5 tation and the Department of Commerce can significantly 

6 improve the scope and depth of the domestic supply base 

7 for transportation infrastructure, particularly for small 

8 businesses in the United States. 

9 (c) IMPLEMENTATION.— 

10 (1) IN GENERAL.—The Secretary of Transpor11 tation and the Secretary of Commerce shall prioritize 

12 the implementation of the Memorandum of Agree13 ment. 

14 (2) SAVINGS PROVISION.—The requirement under 

15 paragraph (1) may not be construed to require the ex16 penditure of additional funds. 

17 SEC. 33009. CAPACITY-BUILDING FOR NATURAL DISASTERS 

18 AND EXTREME WEATHER. 

19 (a) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) EXTREME WEATHER.—The term ‘‘extreme 

22 weather’’ includes severe or unseasonable weather, 

23 heavy precipitation, a storm surge, flooding, drought, 

24 windstorms (including hurricanes, tornadoes, and as-
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1 sociated storm surges), extreme heat, and extreme 

2 cold. 

3 (2) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Transportation, in consultation 

5 with— 

6 (A) the Director of the National Institute of 

7 Standards and Technology; 

8 (B) the Administrator of the Federal Emer9 gency Management Agency; and 

10 (C) as appropriate— 

11 (i) the Administrator of the National 

12 Oceanic and Atmospheric Administration; 

13 (ii) the Director of the United States 

14 Geological Survey; 

15 (iii) the Administrator of the National 

16 Aeronautics and Space Administration; 

17 (iv) the Administrator of the Environ18 mental Protection Agency; and 

19 (v) the heads of other Federal agencies. 

20 (b) DATA.—The Secretary shall determine and provide 

21 to transportation planners appropriate data on the impact 

22 on infrastructure of natural disasters and a higher fre23 quency of extreme weather. 

24 (c) TRANSPORTATION INFRASTRUCTURE.— 
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1 (1) IN GENERAL.—The Secretary shall issue 

2 guidance and establish design standards for transpor3 tation infrastructure to help States, metropolitan 

4 planning organizations, and local governments plan 

5 for natural disasters and a greater frequency of ex6 treme weather events in the process of planning, 

7 siting, designing, and developing transportation in8 frastructure by assessing vulnerabilities to a changing 

9 climate and the costs and benefits of adaptation 

10 measures (including economic, social, and environ11 mental costs and benefits). 

12 (2) COORDINATION.—If appropriate, guidance 

13 and design standards under paragraph (1) shall, to 

14 the maximum extent practicable, be carried out 

15 through the coordination mechanism provided 

16 under— 

17 (A) the National Windstorm Impact Reduc18 tion Program established under section 204 of 

19 the National Windstorm Impact Reduction Act 

20 of 2004 (42 U.S.C. 15703); and 

21 (B) the National Earthquake Hazard Re22 duction Program established under section 5 of 

23 the Earthquake Hazards Reduction Act of 1977 

24 (42 U.S.C. 7704). 
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1 SEC. 33010. TOLL FAIRNESS STUDY. 

2 (a) REVIEW.—As soon as practicable after the date of 

3 the enactment of this Act, the Comptroller General of the 

4 United States shall conduct a review of toll rate setting 

5 practices by selected interstate tolling authorities— 

6 (1) over any bridge constructed under the Act of 

7 March 23, 1906 (33 U.S.C. 491 et seq.) (commonly 

8 known as the Bridge Act of 1906), the General Bridge 

9 Act of 1946 (33 U.S.C. 525 et seq.), or the Inter10 national Bridge Act of 1972 (33 U.S.C. 535 et seq.); 

11 and 

12 (2) over or through any bridge or tunnel con13 structed on a Federal-aid highway (as defined in sec14 tion 101(a) of title 23, United States Code). 

15 (b) EVALUATION.—The review under subsection (a) 

16 shall include an evaluation of— 

17 (1) the extent to which the use of tolling revenue 

18 by interstate authorities is consistent with their man19 dates; and 

20 (2) the transparency and accountability of the 

21 funding and management decisions by those authori22 ties. 

23 (c) REPORT TO CONGRESS.—The Comptroller General 

24 of the United States shall submit a report to the Committee 

25 on Commerce, Science, and Transportation of the Senate 
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1 and the Committee on Transportation and Infrastructure 

2 of the House of Representatives that contains— 

3 (1) the results of the review conducted under this 

4 section; and 

5 (2) any appropriate recommendations. 

6 TITLE IV—HAZARDOUS MATE7 RIALS TRANSPORTATION 

8 SAFETY IMPROVEMENT ACT 

9 OF 2012 

10 SEC. 34001. SHORT TITLE. 

11 This title may be cited as the ‘‘Hazardous Materials 

12 Transportation Safety Improvement Act of 2012’’. 

13 SEC. 34002. DEFINITION. 

14 In this title, the term ‘‘Secretary’’ means the Secretary 

15 of Transportation. 

16 SEC. 34003. REFERENCES TO TITLE 49, UNITED STATES 

17 CODE. 

18 Except as otherwise expressly provided, whenever in 

19 this title an amendment or repeal is expressed in terms of 

20 an amendment to, or repeal of, a section or other provision, 

21 the reference shall be considered to be made to a section or 

22 other provision of title 49, United States Code. 

23 SEC. 34004. TRAINING FOR EMERGENCY RESPONDERS. 

24 (a) TRAINING CURRICULUM.—Section 5115 is amend25 ed— 
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1 (1) in subsection (b)(1)(B), by striking ‘‘basic’’; 

2 (2) in subsection (b)(2), by striking ‘‘basic’’; and 

3 (3) in subsection (c), by striking ‘‘basic’’. 

4 (b) OPERATIONS LEVEL TRAINING.—Section 5116 is 

5 amended— 

6 (1) in subsection (b)(1), by adding at the end the 

7 following: ‘‘To the extent that a grant is used to train 

8 emergency responders, the State or Indian tribe shall 

9 provide written certification to the Secretary that the 

10 emergency responders who receive training under the 

11 grant will have the ability to protect nearby persons, 

12 property, and the environment from the effects of ac13 cidents or incidents involving the transportation of 

14 hazardous material in accordance with existing regu15 lations or National Fire Protection Association stand16 ards for competence of responders to hazardous mate17 rials.’’; 

18 (2) in subsection (j)— 

19 (A) by redesignating paragraph (5) as 

20 paragraph (7); and 

21 (B) by inserting after paragraph (4) the fol22 lowing: 

23 ‘‘(5) The Secretary may not award a grant to an 

24 organization under this subsection unless the organi25 zation ensures that emergency responders who receive 
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1 training under the grant will have the ability to pro2 tect nearby persons, property, and the environment 

3 from the effects of accidents or incidents involving the 

4 transportation of hazardous material in accordance 

5 with existing regulations or National Fire Protection 

6 Association standards for competence of responders to 

7 hazardous materials. 

8 ‘‘(6) Notwithstanding paragraphs (1) and (3), to 

9 the extent determined appropriate by the Secretary, a 

10 grant awarded by the Secretary to an organization 

11 under this subsection to conduct hazardous material 

12 response training programs may be used to train in13 dividuals with responsibility to respond to accidents 

14 and incidents involving hazardous material.’’; and 

15 (3) in subsection (k)— 

16 (A) by striking ‘‘annually’’ and inserting 

17 ‘‘an annual report’’; 

18 (B) by inserting ‘‘the report’’ after ‘‘make 

19 available’’; 

20 (C) by striking ‘‘information’’ and inserting 

21 ‘‘. The report submitted under this subsection 

22 shall include information’’; and 

23 (D) by striking ‘‘The report shall identify’’ 

24 and all that follows and inserting the following: 

25 ‘‘The report submitted under this subsection shall 
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1 identify the ultimate recipients of such grants 

2 and include— 

3 ‘‘(A) a detailed accounting and description 

4 of each grant expenditure by each grant recipi5 ent, including the amount of, and purpose for, 

6 each expenditure; 

7 ‘‘(B) the number of persons trained under 

8 the grant program, by training level; 

9 ‘‘(C) an evaluation of the efficacy of such 

10 planning and training programs; and 

11 ‘‘(D) any recommendations the Secretary 

12 may have for improving such grant programs.’’. 

13 SEC. 34005. PAPERLESS HAZARD COMMUNICATIONS PILOT 

14 PROGRAM. 

15 (a) IN GENERAL.—The Secretary may conduct pilot 

16 projects to evaluate the feasibility and effectiveness of using 

17 paperless hazard communications systems. At least 1 of the 

18 pilot projects under this section shall take place in a rural 

19 area. 

20 (b) REQUIREMENTS.—In conducting pilot projects 

21 under this section, the Secretary— 

22 (1) may not waive the requirements under sec23 tion 5110 of title 49, United States Code; and 

24 (2) shall consult with organizations rep25 resenting— 
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1 (A) fire services personnel; 

2 (B) law enforcement and other appropriate 

3 enforcement personnel; 

4 (C) other emergency response providers; 

5 (D) persons who offer hazardous material 

6 for transportation; 

7 (E) persons who transport hazardous mate8 rial by air, highway, rail, and water; and 

9 (F) employees of persons who transport or 

10 offer for transportation hazardous material by 

11 air, highway, rail, and water. 

12 (c) REPORT.—Not later than 2 years after the date of 

13 the enactment of this Act, the Secretary shall— 

14 (1) prepare a report on the results of the pilot 

15 projects carried out under this section, including— 

16 (A) a detailed description of the pilot 

17 projects; 

18 (B) an evaluation of each pilot project, in19 cluding an evaluation of the performance of each 

20 paperless hazard communications system in such 

21 project; 

22 (C) an assessment of the safety and security 

23 impact of using paperless hazard communica24 tions systems, including any impact on the pub-
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1 lic, emergency response, law enforcement, and the 

2 conduct of inspections and investigations; and 

3 (D) a recommendation on whether paperless 

4 hazard communications systems should be per5 manently incorporated into the Federal haz6 ardous material transportation safety program 

7 under chapter 51 of title 49, United States Code; 

8 and 

9 (2) submit a final report to the Committee on 

10 Commerce, Science, and Transportation of the Senate 

11 and the Committee on Transportation and Infrastruc12 ture of the House of Representatives that contains the 

13 results of the pilot projects carried out under this sec14 tion, including the matters described in paragraph 

15 (1). 

16 (d) PAPERLESS HAZARD COMMUNICATIONS SYSTEM

17 DEFINED.—In this section, the term ‘‘paperless hazard com18 munications system’’ means the use of advanced commu19 nications methods, such as wireless communications devices, 

20 to convey hazard information between all parties in the 

21 transportation chain, including emergency responders and 

22 law enforcement personnel. The format of communication 

23 may be equivalent to that used by the carrier. 
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1 SEC. 34006. IMPROVING DATA COLLECTION, ANALYSIS, AND 

2 REPORTING. 

3 (a) ASSESSMENT.— 

4 (1) IN GENERAL.—Not later than 6 months after 

5 the date of the enactment of this Act, the Secretary, 

6 in coordination with the Secretary of Homeland Se7 curity, as appropriate, shall conduct an assessment to 

8 improve the collection, analysis, reporting, and use of 

9 data related to accidents and incidents involving the 

10 transportation of hazardous material. 

11 (2) REVIEW.—The assessment conducted under 

12 this subsection shall review the methods used by the 

13 Pipeline and Hazardous Materials Safety Adminis14 tration (referred to in this section as the ‘‘Adminis15 tration’’) for collecting, analyzing, and reporting ac16 cidents and incidents involving the transportation of 

17 hazardous material, including the adequacy of— 

18 (A) information requested on the accident 

19 and incident reporting forms required to be sub20 mitted to the Administration; 

21 (B) methods used by the Administration to 

22 verify that the information provided on such 

23 forms is accurate and complete; 

24 (C) accident and incident reporting require25 ments, including whether such requirements 
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1 should be expanded to include shippers and con2 signees of hazardous materials; 

3 (D) resources of the Administration related 

4 to data collection, analysis, and reporting, in5 cluding staff and information technology; and 

6 (E) the database used by the Administra7 tion for recording and reporting such accidents 

8 and incidents, including the ability of users to 

9 adequately search the database and find infor10 mation. 

11 (b) DEVELOPMENT OF ACTION PLAN.—Not later than 

12 9 months after the date of the enactment of this Act, the 

13 Secretary shall develop an action plan and timeline for im14 proving the collection, analysis, reporting, and use of data 

15 by the Administration, including revising the database of 

16 the Administration, as appropriate. 

17 (c) SUBMISSION TO CONGRESS.—Not later than 15 

18 days after the completion of the action plan and timeline 

19 under subsection (c), the Secretary shall submit the action 

20 plan and timeline to the Committee on Commerce, Science, 

21 and Transportation of the Senate and the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives. 

24 (d) REPORTING REQUIREMENTS.—Section 

25 5125(b)(1)(D) is amended by inserting ‘‘and other haz-
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1 ardous materials transportation incident reporting to the 

2 9–1–1 emergency system or involving State or local emer3 gency responders in the initial response to the incident’’ 

4 before the period at the end. 

5 SEC. 34007. LOADING AND UNLOADING OF HAZARDOUS MA6 TERIALS. 

7 (a) RULEMAKING.—Not later than 2 years after date 

8 of the enactment of this Act, the Secretary, after consulta9 tion with the Department of Labor and the Environmental 

10 Protection Agency, as appropriate, and after providing no11 tice and an opportunity for public comment shall prescribe 

12 regulations establishing uniform procedures among facili13 ties for the safe loading and unloading of hazardous mate14 rials on and off tank cars and cargo tank trucks. 

15 (b) INCLUSION.—The regulations prescribed under sub16 section (a) may include procedures for equipment inspec17 tion, personnel protection, and necessary safeguards. 

18 (c) CONSIDERATION.—In prescribing regulations 

19 under subsection (a), the Secretary shall give due consider20 ation to carrier rules and procedures that produce an equiv21 alent level of safety. 
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1 SEC. 34008. HAZARDOUS MATERIAL TECHNICAL ASSESS2 MENT, RESEARCH AND DEVELOPMENT, AND 

3 ANALYSIS PROGRAM. 

4 (a) IN GENERAL.—Chapter 51 is amended by insert5 ing after section 5117 the following: 

6 ‘‘§ 5118. Hazardous material technical assessment, re7 search and development, and analysis 

8 program 

9 ‘‘(a) RISK REDUCTION.— 

10 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary of 

11 Transportation may develop and implement a haz12 ardous material technical assessment, research and 

13 development, and analysis program for the purpose 

14 of— 

15 ‘‘(A) reducing the risks associated with the 

16 transportation of hazardous material; and 

17 ‘‘(B) identifying and evaluating new tech18 nologies to facilitate the safe, secure, and efficient 

19 transportation of hazardous material. 

20 ‘‘(2) COORDINATION.—In developing the program 

21 under paragraph (1), the Secretary shall— 

22 ‘‘(A) utilize information gathered from 

23 other modal administrations with similar pro24 grams; and 

25 ‘‘(B) coordinate with other modal adminis26 trations, as appropriate. 
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1 ‘‘(b) COOPERATION.—In carrying out subsection (a), 

2 the Secretary may work cooperatively with regulated and 

3 other entities, including shippers, carriers, emergency re4 sponders, State and local officials, and academic institu5 tions.’’. 

6 (b) CONFORMING AMENDMENT.—The chapter analysis 

7 for chapter 51 is amended by inserting after the item relat8 ing to section 5117 the following: 

‘‘5118. Hazardous material technical assessment, research and development, and 

analysis program.’’. 

9 SEC. 34009. HAZARDOUS MATERIAL ENFORCEMENT TRAIN10 ING PROGRAM. 

11 (a) IN GENERAL.—The Secretary shall establish a 

12 multimodal hazardous material enforcement training pro13 gram for government hazardous materials inspectors and 

14 investigators— 

15 (1) to develop uniform performance standards 

16 for training hazardous material inspectors and inves17 tigators; and 

18 (2) to train hazardous material inspectors and 

19 investigators on— 

20 (A) how to collect, analyze, and publish 

21 findings from inspections and investigations of 

22 accidents or incidents involving the transpor23 tation of hazardous material; and 
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1 (B) how to identify noncompliance with 

2 regulations issued under chapter 51 of title 49, 

3 United States Code, and take appropriate en4 forcement action. 

5 (b) STANDARDS AND GUIDELINES.—Under the pro6 gram established under this section, the Secretary may de7 velop— 

8 (1) guidelines for hazardous material inspector 

9 and investigator qualifications; 

10 (2) best practices and standards for hazardous 

11 material inspector and investigator training pro12 grams; and 

13 (3) standard protocols to coordinate investiga14 tion efforts among Federal, State, and local jurisdic15 tions on accidents or incidents involving the transpor16 tation of hazardous material. 

17 (c) AVAILABILITY.—The standards, protocols, and 

18 findings of the program established under this section— 

19 (1) shall be mandatory for— 

20 (A) the Department of Transportation’s 

21 multimodal personnel conducting hazardous ma22 terial enforcement inspections or investigations; 

23 and 
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1 (B) State employees who conduct federally 

2 funded compliance reviews, inspections, or inves3 tigations; and 

4 (2) shall be made available to Federal, State, 

5 and local hazardous materials safety enforcement per6 sonnel. 

7 SEC. 34010. INSPECTIONS. 

8 (a) NOTICE OF ENFORCEMENT MEASURES.—Section 

9 5121(c)(1) is amended— 

10 (1) in subparagraph (E), by striking ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (F), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(G) shall provide to the affected offeror, 

16 carrier, packaging manufacturer or tester, or 

17 other person responsible for the package reason18 able notice of— 

19 ‘‘(i) his or her decision to exercise his 

20 or her authority under paragraph (1); 

21 ‘‘(ii) any findings made; and 

22 ‘‘(iii) any actions being taken as a re23 sult of a finding of noncompliance.’’. 

24 (b) REGULATIONS.—Section 5121(e) is amended by 

25 adding at the end the following: 
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1 ‘‘(3) MATTERS TO BE ADDRESSED.—The regula2 tions issued under this subsection shall address— 

3 ‘‘(A) the safe and expeditious resumption of 

4 transportation of perishable hazardous material, 

5 including radiopharmaceuticals and other med6 ical products, that may require timely delivery 

7 due to life-threatening situations; 

8 ‘‘(B) the means by which— 

9 ‘‘(i) noncompliant packages that 

10 present an imminent hazard are placed out11 of-service until the condition is corrected; 

12 and 

13 ‘‘(ii) noncompliant packages that do 

14 not present a hazard are moved to their 

15 final destination; 

16 ‘‘(C) appropriate training and equipment 

17 for inspectors; and 

18 ‘‘(D) the proper closure of packaging in ac19 cordance with the hazardous material regula20 tions.’’. 

21 (c) GRANTS AND COOPERATIVE AGREEMENTS.—Sec22 tion 5121(g)(1) is amended by inserting ‘‘safety and’’ before 

23 ‘‘security’’. 

24 SEC. 34011. CIVIL PENALTIES. 

25 Section 5123 is amended— 
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1 (1) in subsection (a)— 

2 (A) in paragraph (1), by striking ‘‘$50,000’’ 

3 and inserting ‘‘$75,000’’; and 

4 (B) in paragraph (2), by striking 

5 ‘‘$100,000’’ and inserting ‘‘$175,000’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS

8 AND INVESTIGATIONS.—The Secretary may impose a pen9 alty on a person who obstructs or prevents the Secretary 

10 from carrying out inspections or investigations under sub11 section (c) or (i) of section 5121. 

12 ‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL OPER13 ATIONS AFTER NONPAYMENT OF PENALTIES.— 

14 ‘‘(1) IN GENERAL.—Except as provided under 

15 paragraph (2), a person subject to the jurisdiction of 

16 the Secretary under this chapter who fails to pay a 

17 civil penalty assessed under this chapter, or fails to 

18 arrange and abide by an acceptable payment plan for 

19 such civil penalty, may not conduct any activity reg20 ulated under this chapter beginning on the 91st day 

21 after the date specified by order of the Secretary for 

22 payment of such penalty unless the person has filed 

23 a formal administrative or judicial appeal of the pen24 alty. 
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1 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

2 apply to any person who is unable to pay a civil pen3 alty because such person is a debtor in a case under 

4 chapter 11 of title 11. 

5 ‘‘(3) RULEMAKING.—Not later than 2 years after 

6 the date of the enactment of this subsection, the Sec7 retary, after providing notice and an opportunity for 

8 public comment, shall issue regulations that— 

9 ‘‘(A) set forth procedures to require a person 

10 who is delinquent in paying civil penalties to 

11 cease any activity regulated under this chapter 

12 until payment has been made or an acceptable 

13 payment plan has been arranged; and 

14 ‘‘(B) ensures that the person described in 

15 subparagraph (A)— 

16 ‘‘(i) is notified in writing; and 

17 ‘‘(ii) is given an opportunity to re18 spond before the person is required to cease 

19 the activity.’’. 

20 SEC. 34012. REPORTING OF FEES. 

21 Section 5125(f)(2) is amended by striking ‘‘, upon the 

22 Secretary’s request,’’ and inserting ‘‘biennially’’. 
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1 SEC. 34013. SPECIAL PERMITS, APPROVALS, AND EXCLU2 SIONS. 

3 (a) IN GENERAL.—Section 5117 is amended to read 

4 as follows: 

5 ‘‘§ 5117. Special permits, approvals, and exclusions 

6 ‘‘(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 

7 ‘‘(1) CONDITIONS.—The Secretary of Transpor8 tation may issue, modify, or terminate a special per9 mit implementing new technologies or authorizing a 

10 variance from a provision under this chapter or a 

11 regulation prescribed under section 5103(b), 5104, 

12 5110, or 5112 to a person performing a function reg13 ulated by the Secretary under section 5103(b)(1) to 

14 achieve— 

15 ‘‘(A) a safety level at least equal to the safe16 ty level required under this chapter; or 

17 ‘‘(B) a safety level consistent with the pub18 lic interest and this chapter, if a required safety 

19 level does not exist. 

20 ‘‘(2) FINDINGS REQUIRED.— 

21 ‘‘(A) IN GENERAL.—Before issuing, renew22 ing, or modifying a special permit or granting 

23 party status to a special permit, the Secretary 

24 shall determine that the person is fit to conduct 

25 the activity authorized by such permit in a man-
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1 ner that achieves the level of safety required 

2 under paragraph (1). 

3 ‘‘(B) CONSIDERATIONS.—In making the de4 termination under subparagraph (A), the Sec5 retary shall consider— 

6 ‘‘(i) the person’s safety history (includ7 ing prior compliance history); 

8 ‘‘(ii) the person’s accident and incident 

9 history; and 

10 ‘‘(iii) any other information the Sec11 retary considers appropriate to make such a 

12 determination. 

13 ‘‘(3) EFFECTIVE PERIOD.—A special permit 

14 issued under this section— 

15 ‘‘(A) shall be for an initial period of not 

16 more than 2 years; 

17 ‘‘(B) may be renewed by the Secretary upon 

18 application— 

19 ‘‘(i) for successive periods of not more 

20 than 4 years each; or 

21 ‘‘(ii) in the case of a special permit re22 lating to section 5112, for an additional pe23 riod of not more than 2 years. 

24 ‘‘(b) APPLICATIONS.— 
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1 ‘‘(1) REQUIRED DOCUMENTATION.—When apply2 ing for a special permit or the renewal or modifica3 tion of a special permit or requesting party status to 

4 a special permit under this section, the Secretary 

5 shall require the person to submit an application that 

6 contains— 

7 ‘‘(A) a detailed description of the person’s 

8 request; 

9 ‘‘(B) a listing of the person’s current facili10 ties and addresses where the special permit will 

11 be utilized; 

12 ‘‘(C) a safety analysis prescribed by the 

13 Secretary that justifies the special permit; 

14 ‘‘(D) documentation to support the safety 

15 analysis; 

16 ‘‘(E) a certification of safety fitness; and 

17 ‘‘(F) proof of registration, as required under 

18 section 5108. 

19 ‘‘(2) PUBLIC NOTICE.—The Secretary shall— 

20 ‘‘(A) publish notice in the Federal Register 

21 that an application for a special permit has been 

22 filed; and 

23 ‘‘(B) provide the public an opportunity to 

24 inspect and comment on the application. 
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1 ‘‘(3) SAVINGS CLAUSE.—This subsection does not 

2 require the release of information protected by law 

3 from public disclosure. 

4 ‘‘(c) COORDINATE AND COMMUNICATE WITH MODAL

5 CONTACT OFFICIALS.— 

6 ‘‘(1) IN GENERAL.—In evaluating applications 

7 under subsection (b), and making the findings and 

8 determinations under subsections (a), (e), and (h), the 

9 Administrator of the Pipeline and Hazardous Mate10 rials Safety Administration shall consult, coordinate, 

11 or notify the modal contact official responsible for the 

12 specified mode of transportation that will be utilized 

13 under a special permit or approval before— 

14 ‘‘(A) issuing, modifying, or renewing the 

15 special permit; 

16 ‘‘(B) granting party status to the special 

17 permit; or 

18 ‘‘(C) issuing or renewing the special permit 

19 or approval. 

20 ‘‘(2) MODAL CONTACT OFFICIAL DEFINED.—In 

21 this section, the term ‘modal contact official’ means— 

22 ‘‘(A) the Administrator of the Federal Avia23 tion Administration; 

24 ‘‘(B) the Administrator of the Federal 

25 Motor Carrier Safety; 
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1 ‘‘(C) the Administrator of the Federal Rail2 road Administration; and 

3 ‘‘(D) the Commandant of the Coast Guard. 

4 ‘‘(d) APPLICATIONS TO BE DEALT WITH PROMPT5 LY.—The Secretary shall— 

6 ‘‘(1) issue, modify, renew, or grant party status 

7 to a special permit or approval for which a request 

8 was filed under this section, or deny the issuance, 

9 modification, renewal, or grant, on or before the last 

10 day of the 180-day period beginning on the first day 

11 of the month following the date of the filing of the re12 quest; or 

13 ‘‘(2) publish a statement in the Federal Register 

14 that— 

15 ‘‘(A) describes the reason for the delay of the 

16 Secretary’s decision on the special permit or ap17 proval; and 

18 ‘‘(B) includes an estimate of the additional 

19 time necessary before the decision is made. 

20 ‘‘(e) EMERGENCY PROCESSING OF SPECIAL PER21 MITS.— 

22 ‘‘(1) FINDINGS REQUIRED.—The Secretary may 

23 not grant a request for emergency processing of a spe24 cial permit unless the Secretary determines that— 
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1 ‘‘(A) a special permit is necessary for na2 tional security purposes; 

3 ‘‘(B) processing on a routine basis under 

4 this section would result in significant injury to 

5 persons or property; or 

6 ‘‘(C) a special permit is necessary to pre7 vent significant economic loss or damage to the 

8 environment that could not be prevented if the 

9 application were processed on a routine basis. 

10 ‘‘(2) WAIVER OF FITNESS TEST.—The Secretary 

11 may waive the requirement under subsection (a)(2) 

12 for a request for which the Secretary makes a deter13 mination under subparagraph (A) or (B) of para14 graph (1). 

15 ‘‘(3) NOTIFICATION.—Not later than 90 days 

16 after the date of issuance of a special permit under 

17 this subsection, the Secretary shall publish a notice in 

18 the Federal Register of the issuance that includes— 

19 ‘‘(A) a statement of the basis for the finding 

20 of emergency; and 

21 ‘‘(B) the scope and duration of the special 

22 permit. 

23 ‘‘(4) EFFECTIVE PERIOD.—A special permit 

24 issued under this subsection shall be effective for a pe25 riod not to exceed 180 days. 
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1 ‘‘(f) EXCLUSIONS.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall exclude, 

3 in any part, from this chapter and regulations pre4 scribed under this chapter— 

5 ‘‘(A) a public vessel (as defined in section 

6 2101 of title 46); 

7 ‘‘(B) a vessel exempted under section 3702 

8 of title 46 or from chapter 37 of title 46; and 

9 ‘‘(C) a vessel to the extent it is regulated 

10 under the Ports and Waterways Safety Act of 

11 1972 (33 U.S.C. 1221, et seq.). 

12 ‘‘(2) FIREARMS.—This chapter and regulations 

13 prescribed under this chapter do not prohibit— 

14 ‘‘(A) or regulate transportation of a firearm 

15 (as defined in section 232 of title 18), or ammu16 nition for a firearm, by an individual for per17 sonal use; or 

18 ‘‘(B) transportation of a firearm or ammu19 nition in commerce. 

20 ‘‘(g) LIMITATION ON AUTHORITY.—Unless the Sec21 retary decides that an emergency exists, a person subject 

22 to this chapter may only be granted a variance from this 

23 chapter through a special permit or renewal granted under 

24 this section. 

25 ‘‘(h) APPROVALS.— 
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1 ‘‘(1) FINDINGS REQUIRED.— 

2 ‘‘(A) IN GENERAL.—The Secretary may not 

3 issue an approval or grant the renewal of an ap4 proval pursuant to part 107 of title 49, Code of 

5 Federal Regulations until the Secretary has de6 termined that the person is fit, willing, and able 

7 to conduct the activity authorized by the ap8 proval in a manner that achieves the level of 

9 safety required under subsection (a)(1). 

10 ‘‘(B) CONSIDERATIONS.—In making a de11 termination under subparagraph (A), the Sec12 retary shall consider— 

13 ‘‘(i) the person’s safety history (includ14 ing prior compliance history); 

15 ‘‘(ii) the person’s accident and incident 

16 history; and 

17 ‘‘(iii) any other information the Sec18 retary considers appropriate to make such a 

19 determination. 

20 ‘‘(2) REQUIRED DOCUMENTATION.—When apply21 ing for an approval or renewal or modification of an 

22 approval under this section, the Secretary shall re23 quire the person to submit an application that con24 tains— 
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1 ‘‘(A) a detailed description of the person’s 

2 request; 

3 ‘‘(B) a listing of the persons current facili4 ties and addresses where the approval will be 

5 utilized; 

6 ‘‘(C) a safety analysis prescribed by the 

7 Secretary that justifies the approval; 

8 ‘‘(D) documentation to support the safety 

9 analysis; 

10 ‘‘(E) a certification of safety fitness; and 

11 ‘‘(F) the verification of registration required 

12 under section 5108. 

13 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub14 section may be construed to require the release of in15 formation protected by law from public disclosure. 

16 ‘‘(i) NONCOMPLIANCE.—The Secretary may modify, 

17 suspend, or terminate a special permit or approval if the 

18 Secretary determines that— 

19 ‘‘(1) the person who was granted the special per20 mit or approval has violated the special permit or ap21 proval or the regulations issued under this chapter in 

22 a manner that demonstrates that the person is not fit 

23 to conduct the activity authorized by the special per24 mit or approval; or 

25 ‘‘(2) the special permit or approval is unsafe. 
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1 ‘‘(j) RULEMAKING.—Not later than 2 years after the 

2 date of the enactment of the Hazardous Materials Transpor3 tation Safety Improvement Act of 2012, the Secretary, after 

4 providing notice and an opportunity for public comment, 

5 shall issue regulations that establish— 

6 ‘‘(1) standard operating procedures to support 

7 administration of the special permit and approval 

8 programs; and 

9 ‘‘(2) objective criteria to support the evaluation 

10 of special permit and approval applications. 

11 ‘‘(k) ANNUAL REVIEW OF CERTAIN SPECIAL PER12 MITS.— 

13 ‘‘(1) REVIEW.—The Secretary shall conduct an 

14 annual review and analysis of special permits— 

15 ‘‘(A) to identify consistently used and long16 standing special permits with an established 

17 safety record; and 

18 ‘‘(B) to determine whether such permits 

19 may be converted into the hazardous materials 

20 regulations. 

21 ‘‘(2) FACTORS.—In conducting the review and 

22 analysis under paragraph (1), the Secretary may 

23 consider— 

24 ‘‘(A) the safety record for hazardous mate25 rials transported under the special permit; 
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1 ‘‘(B) the application of a special permit; 

2 ‘‘(C) the suitability of provisions in the spe3 cial permit for incorporation into the hazardous 

4 materials regulations; and 

5 ‘‘(D) rulemaking activity in related areas. 

6 ‘‘(3) RULEMAKING.—After completing the review 

7 and analysis under paragraph (1) and providing no8 tice and opportunity for public comment, the Sec9 retary shall issue regulations, as needed.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 chapter 51 is amended by striking the item relating to sec12 tion 5117 and inserting the following: 

‘‘5117. Special permits, approvals, and exclusions.’’. 

13 SEC. 34014. HIGHWAY ROUTING DISCLOSURES. 

14 (a) LIST OF ROUTE DESIGNATIONS.—Section 5112(c) 

15 is amended— 

16 (1) by striking ‘‘In coordination’’ and inserting 

17 the following: 

18 ‘‘(1) IN GENERAL.—In coordination’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(2) STATE RESPONSIBILITIES.— 

21 ‘‘(A) IN GENERAL.—Each State shall sub22 mit to the Secretary, in a form and manner to 

23 be determined by the Secretary and in accord24 ance with subparagraph (B)— 
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1 ‘‘(i) the name of the State agency re2 sponsible for hazardous material highway 

3 route designations; and 

4 ‘‘(ii) a list of the State’s currently ef5 fective hazardous material highway route 

6 designations. 

7 ‘‘(B) FREQUENCY.—Each State shall submit 

8 the information described in subparagraph 

9 (A)(ii)— 

10 ‘‘(i) at least once every 2 years; and 

11 ‘‘(ii) not later than 60 days after a 

12 hazardous material highway route designa13 tion is established, amended, or discon14 tinued.’’. 

15 (b) COMPLIANCE WITH SECTION 5112.—Section 

16 5125(c)(1) is amended by inserting ‘‘, and is published in 

17 the Department’s hazardous materials route registry under 

18 section 5112(c)’’ before the period at the end. 

19 SEC. 34015. AUTHORIZATION OF APPROPRIATIONS. 

20 Section 5128 is amended to read as follows: 

21 ‘‘§ 5128. Authorization of appropriations 

22 ‘‘(a) IN GENERAL.—There are authorized to be appro23 priated to the Secretary to carry out this chapter (except 

24 sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119)— 

25 ‘‘(1) $42,338,000 for fiscal year 2012; and 
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1 ‘‘(2) $42,762,000 for fiscal year 2013. 

2 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE3 PAREDNESS FUND.—From the Hazardous Materials Emer4 gency Preparedness Fund established under section 5116(i), 

5 the Secretary may expend, during each of fiscal years 2012 

6 and 2013— 

7 ‘‘(1) $188,000 to carry out section 5115; 

8 ‘‘(2) $21,800,000 to carry out subsections (a) 

9 and (b) of section 5116, of which not less than 

10 $13,650,000 shall be available to carry out section 

11 5116(b); 

12 ‘‘(3) $150,000 to carry out section 5116(f); 

13 ‘‘(4) $625,000 to publish and distribute the 

14 Emergency Response Guidebook under section 

15 5116(i)(3); and 

16 ‘‘(5) $1,000,000 to carry out section 5116(j). 

17 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

18 From the Hazardous Materials Emergency Preparedness 

19 Fund established pursuant to section 5116(i), the Secretary 

20 may expend $4,000,000 for each of the fiscal years 2012 

21 and 2013 to carry out section 5107(e). 

22 ‘‘(d) CREDITS TO APPROPRIATIONS.— 

23 ‘‘(1) EXPENSES.—In addition to amounts other24 wise made available to carry out this chapter, the 

25 Secretary may credit amounts received from a State, 
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1 Indian tribe, or other public authority or private en2 tity for expenses the Secretary incurs in providing 

3 training to the State, authority, or entity. 

4 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

5 made available under this section shall remain avail6 able until expended.’’. 

7 TITLE V—NATIONAL RAIL SYS8 TEM PRESERVATION, EXPAN9 SION, AND DEVELOPMENT 

10 ACT OF 2012 

11 SEC. 35001. SHORT TITLE. 

12 This title may be cited as the ‘‘National Rail System 

13 Preservation, Expansion, and Development Act of 2012’’. 

14 SEC. 35002. REFERENCES TO TITLE 49, UNITED STATES 

15 CODE. 

16 Except as otherwise expressly provided, whenever in 

17 this title an amendment or repeal is expressed in terms of 

18 an amendment to, or a repeal of, a section or other provi19 sion, the reference shall be considered to be made to a section 

20 or other provision of title 49, United States Code. 
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1 Subtitle A—Federal and State Roles 

2 in Rail Planning and Develop3 ment Tools 

4 SEC. 35101. RAIL PLANS. 

5 (a) LONG-RANGE NATIONAL RAIL PLAN.—Section 103 

6 is amended by amending subsection (j)(2) to read as follows: 

7 ‘‘(2) in coordination with the Secretary of 

8 Transportation, develop and routinely update a long9 range national rail plan pursuant to chapter 227;’’. 

10 (b) NATIONAL RAIL PLAN.—Chapter 227 is amended 

11 to read as follows: 

12 ‘‘§ 22701. National Rail Plan 

13 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

14 shall— 

15 ‘‘(1) not later than 1 year after the date of enact16 ment of the National Rail System Preservation, Ex17 pansion, and Development Act of 2012— 

18 ‘‘(A) develop a long-range national rail 

19 plan— 

20 ‘‘(i) in coordination with the Adminis21 trator of the Federal Railroad Administra22 tion and the Surface Transportation Board; 

23 and 

24 ‘‘(ii) in consultation with Amtrak, 

25 freight railroads, nonprofit employee labor 
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1 organizations, and other rail industry 

2 stakeholders; and 

3 ‘‘(B) submit the national rail plan under 

4 subparagraph (A) to the Committee on Com5 merce, Science, and Transportation of the Senate 

6 and the Committee on Transportation and Infra7 structure of the House of Representatives; 

8 ‘‘(2) routinely update the national rail plan— 

9 ‘‘(A) in coordination with the Adminis10 trator of the Federal Railroad Administration 

11 and the Surface Transportation Board; and 

12 ‘‘(B) in consultation with Amtrak, freight 

13 railroads, nonprofit employee labor organiza14 tions, and other rail industry stakeholders; and 

15 ‘‘(3) submit the updated national rail plan 

16 under paragraph (2) at the same time as the Presi17 dent’s budget submission. 

18 ‘‘(b) NATIONAL RAIL PLAN.—The national rail plan 

19 shall— 

20 ‘‘(1) be subject to refinement by regional and 

21 State rail plans; 

22 ‘‘(2) be consistent with the rail needs of the Na23 tion and Federal surface transportation or multi24 modal policies and plans, as determined by the Sec25 retary; 
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1 ‘‘(3) promote an integrated, cohesive, safe, effi2 cient, and optimized national rail system for the 

3 movement of goods and people and to support the na4 tional economy and other national needs; and 

5 ‘‘(4) contain a specific national intercity pas6 senger rail development plan and a freight rail plan 

7 that are consistent with other Federal strategy, plan8 ning, and investment efforts. 

9 ‘‘(c) OBJECTIVES.—The objectives of the national rail 

10 plan are— 

11 ‘‘(1) to implement a national policy and strategy 

12 to support, preserve, improve, and further develop ex13 isting and future high-speed and intercity passenger 

14 rail transportation and freight rail transportation; 

15 and 

16 ‘‘(2) to provide a national framework to be re17 fined and implemented by regional rail plans under 

18 section 22702 and State rail plans under 22703. 

19 ‘‘(d) CONTENTS.—The national rail plan shall in20 clude— 

21 ‘‘(1) the conditions under which Federal invest22 ments in intercity passenger rail and freight rail are 

23 justified, including consideration of— 

24 ‘‘(A) population size and density; 
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1 ‘‘(B) projected population and economic 

2 growth and changing demographic characteris3 tics; 

4 ‘‘(C) connections to local rail and bus tran5 sit, alternative transportation options, and 

6 multi-modal freight transportation nodes; 

7 ‘‘(D) economic profile of specific markets; 

8 ‘‘(E) congestion on existing transportation 

9 facilities and constraints on future capacity en10 hancements, in relation to efficient movement of 

11 both goods and people; 

12 ‘‘(F) distances between markets; 

13 ‘‘(G) geographic characteristics; 

14 ‘‘(H) demand for present and future freight 

15 rail transportation services; 

16 ‘‘(I) ability to serve underserved commu17 nities and enhance intra-and inter-regional 

18 connectivity of mega-regions; 

19 ‘‘(J) transportation safety data and anal20 yses; 

21 ‘‘(K) travel market size; and 

22 ‘‘(L) availability and quality of service 

23 from other transportation modes within a mar24 ket; 
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1 ‘‘(2) a national map with a prioritized designa2 tion of existing and developing markets to be served 

3 by specific rail routes and services that meet the cri4 teria described in paragraph (1); 

5 ‘‘(3) defined corridor and service categories, in6 cluding— 

7 ‘‘(A) services to be offered; 

8 ‘‘(B) peak or average speeds to be achieved; 

9 ‘‘(C) frequencies to be offered; and 

10 ‘‘(D) populations to be served; 

11 ‘‘(4) a schedule and strategy for the phased im12 plementation of corridors and services identified in 

13 the plan; 

14 ‘‘(5) a discussion of benefits and costs of poten15 tial investments in high-speed or intercity passenger 

16 rail or freight rail that considers all system user and 

17 public benefits and costs from a network perspective, 

18 including factors such as potential ridership, travel 

19 time reductions and improved reliability, benefits of 

20 enhanced mobility of goods and people, environmental 

21 benefits, economic development benefits, and other 

22 public benefits; 

23 ‘‘(6) a strategy for investments in passenger sta24 tions, including investment in intermodal stations 

25 that are linked to local public transportation, other 
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1 intercity transportation modes, and non-motorized 

2 transportation options, and that connect residential 

3 areas, commercial areas, and other nearby transpor4 tation facilities that support intercity passenger rail 

5 and high-speed rail service, and in freight-related fa6 cilities, that is consistent with other Federal strategy, 

7 planning, and investment efforts; 

8 ‘‘(7) performance standards for fiscal and oper9 ational performance of new and enhanced high-speed 

10 and intercity passenger rail services; 

11 ‘‘(8) analysis of the environmental impacts of the 

12 national rail plan; 

13 ‘‘(9) recommendations for project financing, 

14 management and implementation for corridor devel15 opment, station development, freight capacity develop16 ment, and similar projects; 

17 ‘‘(10) recommendations for the integration of 

18 freight and passenger service in a manner that pro19 vides for mutual and complementary growth; 

20 ‘‘(11) a plan for integrating any proposed new 

21 services with existing services; 

22 ‘‘(12) service design and project execution proto23 cols, including design and construction standards, re24 quirements needed to ensure interoperability, and any 

25 other protocols the Secretary deems appropriate; and 
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1 ‘‘(13) additional factors that the Secretary deems 

2 relevant. 

3 ‘‘§ 22702. Regional rail plans 

4 ‘‘(a) IN GENERAL.—The Secretary shall— 

5 ‘‘(1) develop a regional rail plan for each region, 

6 except the Northeast Corridor, that contains a de7 tailed plan for implementing the national rail plan, 

8 including any plans for public investment in projects 

9 that contribute to efficient movement and increased 

10 capacity for freight by— 

11 ‘‘(A) regional rail authorities, as defined by 

12 the Secretary; or 

13 ‘‘(B) any 2 or more States that have entered 

14 into interstate compacts, agreements, or organi15 zations for the purpose of developing such plans; 

16 and 

17 ‘‘(2) in developing each regional rail plan, co18 ordinate with— 

19 ‘‘(A) States; 

20 ‘‘(B) local communities; 

21 ‘‘(C) railroad infrastructure owners; 

22 ‘‘(D) regional air quality planning agen23 cies; 

24 ‘‘(E) Amtrak; 

25 ‘‘(F) passenger rail service operators; 
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1 ‘‘(G) freight railroad operators; 

2 ‘‘(H) metropolitan planning organizations; 

3 ‘‘(I) governing authorities for transit sys4 tems or airports; 

5 ‘‘(J) tribal governments; 

6 ‘‘(K) the general public, including low-in7 come and minority populations, people with dis8 abilities, and older Americans; and 

9 ‘‘(L) non-profit labor employee organiza10 tions. 

11 ‘‘(b) PURPOSES.—The purposes of a regional rail plan 

12 shall be to refine and advance the implementation of the 

13 national rail plan under section 22701. 

14 ‘‘(c) CONTENTS.—A regional rail plan shall include— 

15 ‘‘(1) a map— 

16 ‘‘(A) that indicates detailed alignment al17 ternatives for any new corridor identified in the 

18 national rail plan under section 22701; and 

19 ‘‘(B) that identifies the location of each po20 tential new station; 

21 ‘‘(2) a phasing plan for developing or upgrading 

22 specific segments of the regional network; 

23 ‘‘(3) the identification of any environmental im24 pact analyses required under the National Environ-
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1 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 

2 other laws (including regulations); 

3 ‘‘(4) a full capital cost estimate for developing 

4 the regional network; 

5 ‘‘(5) an analysis of operating financial forecasts; 

6 ‘‘(6) a benefit-cost analysis for the regional net7 work that considers both user and public benefits and 

8 the costs from a network perspective, including factors 

9 such as ridership projections, travel time reductions, 

10 enhanced mobility benefits, environmental benefits, 

11 economic benefits, and other public benefits; 

12 ‘‘(7) an analysis of potential land use policies 

13 and strategies for areas near high-speed and intercity 

14 passenger rail stations; 

15 ‘‘(8) potential non-Federal funding sources, in16 cluding a detailed consideration of anticipated pri17 vate sector participation; 

18 ‘‘(9) a proposal for the institutional and govern19 ance structures that will be necessary to develop the 

20 regional network; 

21 ‘‘(10) other project implementation consider22 ations, including an analysis of the readiness of spe23 cific corridors to proceed for development; 

24 ‘‘(11) an examination of multi-modal connec25 tions that considers the most cost-effective means for 
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1 achieving the region’s transportation goals and objec2 tives; 

3 ‘‘(12) identification of plans for cost-effective, 

4 public investment in intercity passenger rail projects 

5 that contribute toward the efficient movement and in6 creased capacity for freight rail operations; 

7 ‘‘(13) a list of capital projects needed to imple8 ment a region’s portion of the national rail plan; 

9 ‘‘(14) a plan for coordinating service and capital 

10 projects with adjacent regions; 

11 ‘‘(15) a plan for crossing international borders, 

12 as appropriate; 

13 ‘‘(16) a plan for integrating any proposed new 

14 services with existing service; and 

15 ‘‘(17) a description of how the regional rail plan 

16 refines and advances the implementation of the na17 tional rail plan. 

18 ‘‘(d) UPDATES.—Not later than 1 year after the publi19 cation of the national rail plan under section 22701 and 

20 periodically thereafter, the Secretary shall update each re21 gional rail plan— 

22 ‘‘(1) to reflect any material changes to the con23 tents under subsection (c); and 

24 ‘‘(2) to include any changes made to the national 

25 rail plan under section 22701. 
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1 ‘‘(e) WAIVER.—The Secretary may waive a content re2 quirement under subsection (c) as necessary to accommo3 date a unique characteristic or situation in a region. 

4 ‘‘§ 22703. State rail plans 

5 ‘‘(a) IN GENERAL.—A State may prepare and main6 tain a State rail plan. A State rail plan shall— 

7 ‘‘(1) be consistent with the national rail plan 

8 under section 22701; 

9 ‘‘(2) be consistent with the regional rail plans 

10 under section 22702; 

11 ‘‘(3) coordinate with other State transportation 

12 planning goals and programs, including the statewide 

13 transportation plans under section 135 of title 23, 

14 and 

15 ‘‘(4) set forth rail transportation’s role within 

16 the State’s transportation system. 

17 ‘‘(b) PURPOSES.—The purposes of a State rail plan 

18 shall be to refine and advance the implementation of the 

19 national rail plan and relevant regional rail plan under 

20 sections 22701 and 22702. 

21 ‘‘(c) OBJECTIVES.—The objectives of a State rail plan 

22 shall be— 

23 ‘‘(1) to set forth the State’s policy on freight and 

24 intercity passenger rail transportation, including 

25 commuter rail operations, within the State; 
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1 ‘‘(2) to establish the time period covered by the 

2 State rail plan; 

3 ‘‘(3) to present the priorities and strategies to 

4 enhance rail service within the State that benefits the 

5 public; and 

6 ‘‘(4) to serve as the basis for Federal and State 

7 rail investments within the State. 

8 ‘‘(d) REQUIREMENTS.— 

9 ‘‘(1) ESTABLISHMENT.—The Secretary shall es10 tablish minimum requirements, consistent with sec11 tions 22701 and 22702, for the preparation and peri12 odic revision of a State rail plan, including— 

13 ‘‘(A) the establishment or designation of a 

14 State rail transportation authority to prepare, 

15 maintain, coordinate, and administer the State 

16 rail plan; 

17 ‘‘(B) the establishment or designation of a 

18 State approval authority to approve the State 

19 rail plan; 

20 ‘‘(C) the submission of the State’s approved 

21 State rail plan to the Secretary for review and 

22 approval; and 

23 ‘‘(D) the revision and resubmittal of a 

24 State-approved State rail plan for review and 
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1 approval by the Secretary not less than once 

2 every 5 years. 

3 ‘‘(2) REVIEW.—The Secretary shall prescribe 

4 procedures for a State to submit a State rail plan for 

5 review and approval, including standardized format 

6 and data requirements. 

7 ‘‘(3) COMPLIANCE.—The Secretary shall deem a 

8 State rail plan to be in compliance with this chapter 

9 if the State rail plan— 

10 ‘‘(A) is completed before the date of enact11 ment of the National Rail System Preservation, 

12 Expansion, and Development Act of 2012; and 

13 ‘‘(B) substantially meets the requirements of 

14 chapter 227 as in effect on the day before the 

15 date of enactment of the National Rail System 

16 Preservation, Expansion, and Development Act 

17 of 2012. 

18 ‘‘(4) UPDATES.—A State rail plan that is 

19 deemed in compliance under paragraph (3) shall be 

20 updated not later than 1 year after the date of enact21 ment of the National Rail System Preservation, Ex22 pansion, and Development Act of 2012. 

23 ‘‘(e) CONTENTS.—A State rail plan shall include— 
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1 ‘‘(1) an inventory of the existing overall rail 

2 transportation system and rail services and facilities 

3 within the State; 

4 ‘‘(2) an analysis of the role of rail transpor5 tation within the State’s surface transportation sys6 tem; 

7 ‘‘(3) a review of all rail lines within the State, 

8 including any proposed high-speed rail corridors and 

9 significant rail line segments not currently in service; 

10 ‘‘(4) a statement of the State’s passenger rail 

11 service objectives, including minimum service levels, 

12 for rail transportation routes within the State; 

13 ‘‘(5) a general analysis of rail’s transportation, 

14 economic, and environmental impacts within the 

15 State, including congestion mitigation, trade and eco16 nomic development, air quality, land-use, energy-use, 

17 and community impacts; 

18 ‘‘(6) a long-range rail service and investment 

19 program for current and future freight and intercity 

20 passenger infrastructure within the State that meets 

21 the requirements under subsection (f); 

22 ‘‘(7) a statement of the public financing issues 

23 for rail projects or service within the State, including 

24 a list of current and prospective public capital and 

25 operating funding resources, public subsidies, State 
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1 taxation, and other financial policies relating to rail 

2 infrastructure development; 

3 ‘‘(8) the identification of rail infrastructure 

4 issues within the State, after consulting with relevant 

5 stakeholders; 

6 ‘‘(9) a review of major passenger and freight 

7 intermodal rail connections and facilities within the 

8 State, including seaports; 

9 ‘‘(10) a list of prioritized options to maximize 

10 service integration and efficiency between rail and 

11 other modes of transportation within the State; 

12 ‘‘(11) a review of publicly funded projects within 

13 the State to improve rail transportation safety and 

14 security, including major projects funded under sec15 tion 130 of title 23; 

16 ‘‘(12) a performance evaluation of passenger rail 

17 services operating in the State, including possible im18 provements to those services and a description of 

19 strategies to achieve the improvements; 

20 ‘‘(13) a compilation of studies and reports on 

21 high-speed rail corridor development within the State 

22 that were not included in a prior plan under this 

23 chapter; 
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1 ‘‘(14) a plan for funding any recommended de2 velopment of a high-speed rail corridor within the 

3 State; and 

4 ‘‘(15) a statement that the State is in compliance 

5 with the requirements of section 22102. 

6 ‘‘(f) LONG-RANGE RAIL SERVICE AND INVESTMENT

7 PROGRAM.— 

8 ‘‘(1) CONTENTS.—A long-range rail service and 

9 investment program under subsection (e)(6) shall in10 clude— 

11 ‘‘(A) a prioritized list of any freight or 

12 intercity passenger rail capital projects expected 

13 to be commenced or supported in whole or in 

14 part by the State; and 

15 ‘‘(B) a detailed capital and operating fund16 ing plan for each rail capital project under sub17 paragraph (A). 

18 ‘‘(2) RAIL CAPITAL PROJECTS LIST.— 

19 ‘‘(A) CONTENTS.—A list of rail capital 

20 projects under paragraph (1)(A) shall include— 

21 ‘‘(i) a description of the anticipated 

22 public and private benefits of each rail cap23 ital project; and 

24 ‘‘(ii) a statement of the correlation be25 tween— 
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1 ‘‘(I) public funding contributions 

2 for each rail capital project; and 

3 ‘‘(II) the public benefits. 

4 ‘‘(B) CONSIDERATIONS.—A State rail trans5 portation authority shall consider, when pre6 paring a list of rail capital projects under this 

7 subsection— 

8 ‘‘(i) contributions made by non-Fed9 eral and non-State sources through user 

10 fees, matching funds, or other private cap11 ital involvement; 

12 ‘‘(ii) rail capacity and congestion ef13 fects; 

14 ‘‘(iii) effects on highway, aviation, and 

15 maritime capacity, congestion, and safety; 

16 ‘‘(iv) regional balance; 

17 ‘‘(v) environmental impact; 

18 ‘‘(vi) economic and employment im19 pacts; and 

20 ‘‘(vii) projected ridership and other 

21 service measures for passenger rail projects. 

22 ‘‘(g) A State shall not be eligible to receive financial 

23 assistance under chapter 244 or 261 unless the State com24 pletes a State rail plan pursuant to this section. 
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1 ‘‘§ 22704. Transparency and coordination 

2 ‘‘(a) PREPARATION AND REVIEW.— 

3 ‘‘(1) FEDERAL TRANSPARENCY.—The Secretary 

4 of Transportation shall provide adequate and reason5 able notice and an opportunity for comment to the 

6 public, rail carriers, commuter and transit authori7 ties (operating in or affected by rail operations with8 in the region or State), units of local government, and 

9 other interested parties when the Secretary prepares 

10 or reviews the national rail plan under section 22701 

11 or a regional rail plan under section 22702. 

12 ‘‘(2) STATE TRANSPARENCY.—A State shall pro13 vide adequate and reasonable notice and an oppor14 tunity for comment to the public, rail carriers, com15 muter and transit authorities (operating in or af16 fected by rail operations within the region or the 

17 State), units of local government, and other interested 

18 parties, when the State prepares or reviews a State 

19 rail plan under section 22703. 

20 ‘‘(b) INTERGOVERNMENTAL COORDINATION.—A State 

21 shall— 

22 ‘‘(1) review the freight and passenger rail service 

23 activities and initiatives by regional planning agen24 cies, regional transportation authorities, and munici25 palities (within the State or within the region in 
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1 which the State is located) when preparing a State 

2 rail plan; and 

3 ‘‘(2) include any recommendations made by the 

4 regional planning agencies, regional transportation 

5 authorities, and municipalities (within the State or 

6 within the region in which the State is located), as 

7 deemed appropriate by the State. 

8 ‘‘§ 22705. Definitions 

9 ‘‘In this chapter: 

10 ‘‘(1) PRIVATE BENEFIT.—The term ‘private ben11 efit’ means a benefit— 

12 ‘‘(A) that is determined on a project-by13 project basis, based upon an agreement between 

14 the parties; 

15 ‘‘(B) that is accrued to a person or private 

16 entity, other than Amtrak, that directly improves 

17 the economic and competitive condition of the 

18 person or private entity through improved assets, 

19 cost reductions, service improvements, or other 

20 means as defined by the Secretary; or 

21 ‘‘(C) that is defined by the Secretary, with 

22 advice from the States and rail carriers if the 

23 Secretary deems such advice necessary. 

24 ‘‘(2) PUBLIC BENEFIT.—The term ‘public benefit’ 

25 means a benefit— 
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1 ‘‘(A) that is determined on a project-by2 project basis, based upon an agreement between 

3 the parties; 

4 ‘‘(B) that is accrued to the public, including 

5 Amtrak, in the form of enhanced mobility of peo6 ple or goods, environmental protection or en7 hancement, congestion mitigation, enhanced 

8 trade and economic development, improved air 

9 quality or land use, more efficient energy use, 

10 enhanced public safety or security, reduction of 

11 public expenditures due to improved transpor12 tation efficiency or infrastructure preservation, 

13 and any other positive community effects as de14 fined by the Secretary; or 

15 ‘‘(C) that is defined by the Secretary, with 

16 advice from the States and rail carriers if the 

17 Secretary deems such advice necessary. 

18 ‘‘(3) STATE.—The term ‘State’ means any of the 

19 50 States and the District of Columbia. 

20 ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR21 ITY.—The term ‘State rail transportation authority’ 

22 means the State agency or official responsible under 

23 the direction of the Governor of the State or a State 

24 law for the preparation, maintenance, coordination, 

25 and administration of the State rail plan.’’. 
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1 SEC. 35102. IMPROVED DATA ON DELAY. 

2 Not later than 1 year after the date of enactment of 

3 this Act, the Secretary of Transportation, in coordination 

4 with Amtrak, freight railroads, and other parties, as appro5 priate, shall develop guidance for developing improved, in6 cluding automated, means of measuring on-time perform7 ance delays. 

8 SEC. 35103. DATA AND MODELING. 

9 (a) DATA.—Not later than 1 year after the date of en10 actment of this Act, the Secretary of Transportation shall 

11 conduct a data needs assessment, in consultation with the 

12 Surface Transportation Board, Amtrak, freight railroads, 

13 and State and local governments, to support the develop14 ment of an efficient and effective intercity passenger rail 

15 network. The data needs assessment shall, among other 

16 things— 

17 (1) identify the data needed to conduct cost-effec18 tive modeling and analysis for high-speed and inter19 city passenger rail development programs; 

20 (2) determine limitations to the data used for in21 puts and develop a strategy to address the limita22 tions; 

23 (3) identify barriers to accessing existing data; 

24 (4) include recommendations regarding whether 

25 the authorization of additional data collection for 

26 intercity passenger rail travel is warranted; and 
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1 (5) determine which entities will be responsible 

2 for generating or collecting needed data. 

3 (b) MODELING.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary of Transportation 

5 shall develop or improve modeling capabilities to support 

6 the development of an efficient and effective intercity pas7 senger rail network, including service development, capac8 ity expansion, cost-effectiveness, and ridership estimates. 

9 (c) BENEFIT-COST ANALYSIS.—Not later than 1 year 

10 after the date of enactment of this Act, the Secretary of 

11 Transportation shall enhance the usefulness of assessments 

12 of benefits and costs, for both intercity passenger rail and 

13 freight rail projects by— 

14 (1) providing ongoing guidance and training on 

15 developing benefit and cost information for rail 

16 projects; 

17 (2) providing more direct and consistent require18 ments for assessing benefits and costs across transpor19 tation funding programs, including the appropriate 

20 use of discount rates; 

21 (3) requiring an applicant to clearly commu22 nicate the methodology that is used to calculate the 

23 project benefits and costs, including information on 

24 assumptions underlying calculations, strengths and 
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1 limitations of data used, and the level of uncertainty 

2 in estimates of project benefits and costs; and 

3 (4) ensuring that an applicant receives clear and 

4 consistent guidance on values to apply for key as5 sumptions used to estimate potential project benefits 

6 and costs. 

7 (d) CONFIDENTIAL DATA.—For the purposes of this 

8 section, the Secretary of Transportation shall protect any 

9 confidential data from public disclosure and such confiden10 tial data shall only be provided on the basis of a voluntary 

11 agreement. 

12 SEC. 35104. SHARED-USE CORRIDOR STUDY. 

13 (a) IN GENERAL.—Not later than 2 years after the 

14 date of enactment of this Act, the Secretary shall complete 

15 a shared-use corridor study, in consultation with the Sur16 face Transportation Board, Amtrak, freight railroads, 

17 States, non-profit employee labor organizations, and other 

18 users of the rail system, as appropriate, to evaluate the best 

19 means to enhance and support the further development of 

20 high-speed and intercity passenger rail service within 

21 United States shared-use corridors. 

22 (b) CONTENTS.—In conducting the shared-use corridor 

23 study, the Secretary shall— 

24 (1) survey the access arrangements for high-speed 

25 and intercity passenger rail service for use of rail in-
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1 frastructure, assets and facilities owned by freight 

2 railroads, commuter authorities, or other entities, and 

3 standard processes for the resolution of disputes relat4 ing to such access; 

5 (2) evaluate the roles and responsibilities of high6 speed and intercity passenger rail, freight rail, and 

7 commuter rail service providers and infrastructure 

8 owners in complying with Federal, State, and local 

9 applicable requirements within United States shared10 use corridors; 

11 (3) evaluate the roles and responsibilities of Fed12 eral, State, and local governments, infrastructure 

13 owners, and high speed and intercity passenger rail, 

14 freight rail, and commuter rail service providers in 

15 supporting both the preservation and expansion of 

16 high-speed and intercity passenger rail service, freight 

17 transportation, and commuter transportation on 

18 shared infrastructure or rights-of-way; 

19 (4) evaluate the roles and responsibilities of high20 speed and intercity passenger rail, freight rail, and 

21 commuter rail service providers in achieving satisfac22 tory on time performance for passenger and freight 

23 rail services in shared use corridors; and 

24 (5) evaluate other issues identified by the Sec25 retary. 
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1 (c) REPORT.—Not later than 90 days after the date 

2 the shared-use corridor study is completed under subsection 

3 (a), the Secretary shall— 

4 (1) report the results of the shared-use corridor 

5 study to the Senate Committee on Commerce, Science, 

6 and Transportation and the House of Representatives 

7 Committee on Transportation and Infrastructure; 

8 and 

9 (2) make the shared-use corridor study available 

10 to the public on the Department of Transportation’s 

11 website. 

12 SEC. 35105. COOPERATIVE EQUIPMENT POOL. 

13 (a) IN GENERAL.—The Next Generation Corridor 

14 Equipment Pool Committee established under section 305 

15 of the Passenger Rail Investment and Improvement Act of 

16 2008 (49 U.S.C. 24101 note) shall continue to implement 

17 its authorized functions, as appropriate, and shall main18 tain and update, as needed, the specifications created by 

19 the Committee. 

20 (b) EQUIPMENT POOLING ENTITY.—Section 305 of the 

21 Passenger Rail Investment and Improvement Act of 2008 

22 (49 U.S.C. 24101 note), is amended by adding at the end 

23 the following: 

24 ‘‘(f) EQUIPMENT POOLING ENTITY.— 
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1 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 

2 after the date of enactment of the National Rail Sys3 tem Preservation, Expansion, and Development Act of 

4 2012, the Committee shall create an equipment pool5 ing entity that includes— 

6 ‘‘(A) Amtrak; 

7 ‘‘(B) States that purchase, with Federal 

8 funds, intercity passenger rail rolling stock and 

9 equipment that is built in accordance with the 

10 specifications created by the Next Generation 

11 Corridor Equipment Pool Committee; and 

12 ‘‘(C) other States and entities, as appro13 priate. 

14 ‘‘(2) IN GENERAL.—The equipment pooling enti15 ty— 

16 ‘‘(A) may— 

17 ‘‘(i) be a corporation or other coopera18 tive entity; and 

19 ‘‘(ii) be owned or jointly-owned by 

20 Amtrak, a participating State, or other en21 tity; and 

22 ‘‘(B) shall be authorized to— 

23 ‘‘(i) lease or acquire intercity pas24 senger rail rolling stock and equipment used 

25 in State-supported corridor services on 
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1 routes that are not more than 750 miles be2 tween end points, including by entering 

3 into agreements for the funding, financing, 

4 procurement, remanufacture, ownership, 

5 and disposal of the intercity passenger rail 

6 rolling stock and equipment; 

7 ‘‘(ii) maintain, manage, and allocate 

8 intercity passenger rail rolling stock and 

9 equipment for use in State-supported cor10 ridor services, including by charging appro11 priate amounts for the use (including depre12 ciation and financing costs) of the intercity 

13 passenger rail rolling stock and equipment; 

14 and 

15 ‘‘(iii) ensure adequate quantity and 

16 quality of appropriate intercity passenger 

17 rail rolling stock and equipment to support 

18 the State-supported corridor services’ needs 

19 as identified in the national rail plan, re20 gional rail plans, or State rail plans under 

21 chapter 227. 

22 ‘‘(3) TRANSFER OF EQUIPMENT.—Amtrak, after 

23 consultation with the Secretary, may sell, lease, or 

24 otherwise transfer equipment currently owned or 

25 leased by Amtrak to the equipment pooling entity. 
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1 The operation and utilization of any equipment 

2 transferred to the equipment pooling entity shall be 

3 covered by section 24405(b). 

4 ‘‘(4) TRANSFER REQUIREMENT.—A State shall 

5 sell, lease, or otherwise transfer equipment built in ac6 cordance with the specifications created by the Next 

7 Generation Corridor Equipment Pool Committee and 

8 purchased with Federal funds to the equipment pool9 ing entity unless the Secretary exempts a State from 

10 this requirement. 

11 ‘‘(g) GRANT FUNDING.—A capital project to carry out 

12 this section shall be eligible for grants under chapter 244. 

13 The equipment pooling entity shall be an eligible grant re14 cipient under chapter 244.’’. 

15 SEC. 35106. PROJECT MANAGEMENT OVERSIGHT AND PLAN16 NING. 

17 Section 101(d) of the Passenger Rail Investment and 

18 Improvement Act of 2008 (122 Stat. 4908) is amended— 

(1) by striking ‘‘1 19 ⁄2 of’’; and 

20 (2) by inserting ‘‘and joint capital planning’’ 

21 after ‘‘oversight’’. 

22 SEC. 35107. IMPROVEMENTS TO THE CAPITAL ASSISTANCE 

23 PROGRAMS. 

24 (a) AMENDMENTS TO CHAPTER 244.—Chapter 244 is 

25 amended— 
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1 (1) in section 24401(1)— 

2 (A) by striking ‘‘or’’ the first place it ap3 pears; and 

4 (B) by striking ‘‘service.’’ and inserting 

5 ‘‘service, or Amtrak.’’; 

6 (2) by amending section 24402(b) to read as fol7 lows: 

8 ‘‘(b) PROJECT AS PART OF THE NATIONAL RAIL PLAN, 

9 REGIONAL RAIL PLANS, OR STATE RAIL PLANS.— 

10 ‘‘(1) GRANT APPROVAL.—The Secretary may not 

11 approve a grant for a project under this section unless 

12 the Secretary finds that— 

13 ‘‘(A) the project is part of the national rail 

14 plan, a regional rail plan, or a State rail plan 

15 under chapter 227; or 

16 ‘‘(B) the project is part of the capital spend17 ing plan under section 211 of the Passenger Rail 

18 Investment and Improvement Act of 2008 (49 

19 U.S.C. 24902 note); and 

20 ‘‘(C) the applicant or recipient has or will 

21 have directly or through appropriate agreements 

22 with other entities, as approved by the Sec23 retary— 

24 ‘‘(i) the legal, financial, and technical 

25 capacity to carry out the project; 
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1 ‘‘(ii) satisfactory continuing control 

2 over the use of the equipment or facilities; 

3 and 

4 ‘‘(iii) the capability and willingness to 

5 maintain the equipment or facilities. 

6 ‘‘(2) PROVISION OF INFORMATION.—An appli7 cant or recipient shall provide sufficient information 

8 for the Secretary to make the required findings under 

9 this subsection. 

10 ‘‘(3) JUSTIFICATION.—An applicant or recipient, 

11 except for Amtrak, that did not select the proposed op12 erator of its service competitively shall provide writ13 ten justification to the Secretary substantiating— 

14 ‘‘(A) why the proposed operator is the best, 

15 taking into account price and other factors; and 

16 ‘‘(B) that the use of the proposed operator 

17 will not unnecessarily increase the cost of the 

18 project.’’; 

19 (3) in section 24402(c)— 

20 (A) by amending paragraph (1)(A) to read 

21 as follows: 

22 ‘‘(1) that the project be part of the national rail 

23 plan, a regional rail plan, or a State rail plan under 

24 chapter 227, or the capital spending plan under sec-
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1 tion 211 of the Passenger Rail Investment and Im2 provement Act of 2008 (49 U.S.C. 24902 note);’’; 

3 (B) in paragraph (1)(D), by inserting ‘‘, ex4 cept for Amtrak,’’ after ‘‘an applicant’’; 

5 (C) by amending paragraph (1)(F) to read 

6 as follows: 

7 ‘‘(F) that each project be compatible with 

8 and operate in conformance with plans developed 

9 pursuant to the requirements of section 135 of 

10 title 23, United States Code;’’; 

11 (D) in paragraph (2)(C), by striking 

12 ‘‘and’’; 

13 (E) in paragraph (3)(B)(iii), by striking 

14 the period and inserting ‘‘; and’’; and 

15 (F) by adding at the end the following: 

16 ‘‘(4) achieve the appropriate mix of projects se17 lected for funding to ensure the advancement of the 

18 national rail plan, including both the development of 

19 new or expanded routes and services and the mainte20 nance and improvement of the current rail system.’’; 

21 (4) by amending section 24402(d) to read as fol22 lows: 

23 ‘‘(d) STATE RAIL PLANS.—State rail plans completed 

24 before the date of enactment of the Passenger Rail Invest25 ment and Improvement Act of 2008 (122 Stat. 4907) that 
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1 substantially meet the requirements of chapter 227 as in 

2 effect on the day before the date of enactment of the National 

3 Rail System Preservation, Expansion, and Development 

4 Act of 2012, shall be deemed by the Secretary to have met 

5 the requirements of subsection (c)(1)(A) of this section.’’; 

6 (5) by amending section 24402(e) to read as fol7 lows: 

8 ‘‘(e) PROJECT TRANSFERS.—The Secretary may per9 mit a recipient under this section to enter into a cooperative 

10 agreement to transfer the grant and related responsibilities 

11 and requirements to Amtrak to expedite, enhance, or other12 wise facilitate the completion of the project and any such 

13 transfer shall be subject to the requirements of this chap14 ter.’’; 

15 (6) in the heading of section 24402(f), by strik16 ing ‘‘AND EARLY SYSTEMS WORK AGREEMENTS’’; 

17 (7) by amending section 24402(f)(1) to read as 

18 follows: 

19 ‘‘(1) In implementing this section, the Secretary 

20 may issue a letter of intent to an applicant announc21 ing an intention to obligate, for a major capital 

22 project under this section, an amount from future 

23 available budget authority specified in law that is not 

24 more than the amount stipulated as the financial 

25 participation of the Secretary in the project.’’; 
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1 (8) in section 24402(g) by— 

2 (A) amending paragraph (1)(B) to read as 

3 follows: 

4 ‘‘(B) A grant— 

5 ‘‘(i) for a project designated as part of 

6 a priority corridor or service by the na7 tional rail plan and scheduled within the 

8 national rail plan to be implemented with9 in a time frame consistent with the grant 

10 application shall not exceed 80 percent of 

11 the project net capital cost; 

12 ‘‘(ii) for a project to implement a per13 formance improvement plan under section 

14 24710 shall not exceed 100 percent of the 

15 net project capital cost; and 

16 ‘‘(iii) for any other project shall not 

17 exceed 50 percent of the net project capital 

18 cost.’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(5) When Amtrak is an applicant under this 

21 chapter, it may use ticket and other revenues gen22 erated from its operations and other sources to satisfy 

23 the non-Federal share requirements under this sub24 section, except that Amtrak may not use Federal 

25 funds authorized under subsections (a) or (c) of sec-
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1 tion 101 of the Passenger Rail Investment and Im2 provement Act of 2008 (122 Stat. 4908).’’; 

3 (9) in section 24402(h), by striking ‘‘2’’ each 

4 place it appears and inserting ‘‘3’’; 

5 (10) in section 24402(i)(1), by striking ‘‘A met6 ropolitan planning organization, State transportation 

7 department, or other project sponsor’’ and inserting 

8 ‘‘An applicant’’; 

9 (11) by amending section 24402(k) to read as 

10 follows: 

11 ‘‘(k) SMALL CAPITAL PROJECTS.—The Secretary shall 

12 make not less than 5 percent annually available from the 

13 amounts appropriated under section 24406 beginning in 

14 fiscal year 2009 for grants for capital projects eligible under 

15 this section not exceeding $10,000,000, including costs eligi16 ble under section 209(d) of the Passenger Rail Investment 

17 and Improvement Act of 2008 (49 U.S.C. 24101 note). For 

18 grants awarded under this subsection, the Secretary may 

19 waive one or more of the requirements of this section, in20 cluding State rail plan requirements, or of section 

21 24405(c)(1)(B), as appropriate.’’; 

22 (12) by amending section 24403(b) to read as 

23 follows: 

24 ‘‘(b) SECRETARIAL OVERSIGHT AND PARTICIPATION.— 
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1 ‘‘(1) The Secretary may use not more than 1 

2 percent of amounts made available in a fiscal year 

3 for capital projects under this chapter to participate 

4 in the planning, management, and oversight of the 

5 development and implementation of any such projects. 

6 ‘‘(2) The Secretary may use amounts available 

7 under paragraph (1) to directly undertake or make 

8 contracts for project planning and design participa9 tion or safety, procurement, management, and finan10 cial compliance reviews and audits of a recipient of 

11 grants awarded under this chapter. 

12 ‘‘(3) The Federal Government shall pay the en13 tire cost of carrying out a contract under this sub14 section.’’; and 

15 (13) in section 24405 by adding ‘‘or between 

16 Amtrak and the railroad’’ after ‘‘railroad’’ in sub17 section (c)(1). 

18 (b) CHAPTER 244 GRANT PROCEDURES.—Not later 

19 than 180 days after the date of enactment of this Act, the 

20 Secretary of Transportation shall issue a final rule estab21 lishing grant procedures, as required by section 24402(a) 

22 of title 49, United States Code. 

23 (c) AMENDMENTS TO CHAPTER 261.—Chapter 261 is 

24 amended— 

25 (1) in section 26106— 
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1 (A) by amending subsection (a) to read as 

2 follows: 

3 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

4 shall establish and implement a high-speed rail corridor 

5 program consistent with the national rail plan, regional 

6 rail plans, and State rail plans required by chapter 227 

7 of title 49, United States Code.’’; 

8 (B) by amending subsection (b)(2) to read 

9 as follows: 

10 ‘‘(2) CORRIDOR.—The term ‘corridor’ means— 

11 ‘‘(A) a corridor designated by the Secretary 

12 pursuant to section 104(d)(2) of title 23; or 

13 ‘‘(B) a corridor expected to achieve high14 speed service pursuant to section 22701 of title 

15 49.’’; 

16 (C) in subsection (e)(2)(A)— 

17 (i) in clause (ii), by inserting ‘‘, di18 rectly or through appropriate agreements 

19 with other entities,’’ after ‘‘have’’; 

20 (ii) in clause (v), by inserting ‘‘, except 

21 for Amtrak,’’ after ‘‘applicant’’; 

22 (iii) in clause (vi), by striking ‘‘; and’’ 

23 and inserting a semicolon; 

24 (iv) in clause (vii)(II), by striking ‘‘(if 

25 it is available)’’; and 
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1 (v) by adding at the end the following: 

2 ‘‘(viii) that the project and the high3 speed rail services it supports are coordi4 nated and integrated with existing and 

5 planned conventional intercity passenger 

6 rail services; 

7 ‘‘(ix) that the Secretary, and Amtrak 

8 at the Secretary’s request, are permitted to 

9 participate in the planning, design, man10 agement, and delivery of the project, as nec11 essary to ensure project success and promote 

12 interstate commerce; and 

13 ‘‘(x) that the Federal government is ac14 corded an appropriate participation, over15 sight, ownership, or control in the project 

16 commensurate with the level of Federal in17 vestment as determined by the Secretary;’’; 

18 and 

19 (D) in subsection (e)(4), by striking ‘‘pursu20 ant to section 22506 of this title’’. 

21 (d) CONGESTION GRANTS.—Section 24105 is amend22 ed— 

23 (1) in subsection (a)— 

24 (A) by striking ‘‘in cooperation with 

25 States’’ and ‘‘high priority rail corridor’’; 
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1 (B) by striking ‘‘congestion’’ and inserting 

2 ‘‘freight or commuter railroad congestion that 

3 impacts intercity passenger trains, enhance route 

4 performance, preserve service,’’; and 

5 (C) by striking the period and inserting ‘‘on 

6 routes defined under section 24102(5)(C).’’; 

7 (2) in subsection (b)— 

8 (A) by inserting ‘‘or the Federal Railroad 

9 Administration’’ after ‘‘Amtrak’’; 

10 (B) by striking ‘‘congestion’’ and inserting 

11 ‘‘freight or commuter railroad congestion that 

12 impacts intercity passenger trains, enhance route 

13 performance, preserve service,’’; 

14 (C) by striking ‘‘; and’’ and inserting a pe15 riod; and 

16 (D) by striking paragraph (3); 

17 (3) in subsection (c), by striking ‘‘80’’ and in18 serting ‘‘100’’; and 

19 (4) in subsection (d), by inserting ‘‘, except that 

20 the Secretary may waive the requirements of section 

21 24405(c)(1)(B), as appropriate, for grants totaling 

22 less than $10,000,000’’ after ‘‘title’’. 

23 (e) ADDITIONAL HIGH-SPEED RAIL PROJECTS.—The 

24 Passenger Rail Investment and Improvement Act of 2008 

25 (122 Stat. 4907) is amended by striking section 502. 
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1 SEC. 35108. LIABILITY. 

2 (a) CLARIFICATION OF COMMUTER RAIL LIABILITY.— 

3 Section 28103 is amended— 

4 (1) in subsection (a)(2), by inserting, ‘‘, includ5 ing commuter rail passengers,’’ after ‘‘rail pas6 sengers,’’; 

7 (2) by amending subsection (b) to read as fol8 lows: 

9 ‘‘(b) CONTRACTUAL OBLIGATIONS.—A provider of rail 

10 passenger transportation may enter into contracts that allo11 cate financial responsibility for claims. Such contracts shall 

12 be enforceable notwithstanding any other provision of law, 

13 common law, or public policy, or the nature of the conduct 

14 giving rise to the damages or liability.’’; and 

15 (3) in subsection (e)— 

16 (A) by striking ‘‘and’’ at the end of para17 graph (2); 

18 (B) by striking the period at the end of 

19 paragraph (3) and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(4) the term ‘rail passenger transportation’ in22 cludes commuter rail transportation.’’. 

23 (b) STUDY.— 

24 (1) IN GENERAL.—Not later than 1 year after 

25 the date of enactment of this Act, the Secretary of 

26 Transportation shall conduct a study regarding op-
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1 tions for clarifying and improving passenger rail li2 ability requirements and arrangements, including 

3 those related to environmental liability, necessary for 

4 supporting the continued development and improve5 ment of the national passenger rail system and the 

6 furtherance of the national rail plan under chapter 

7 227 of title 49, United States Code. The study shall 

8 consider— 

9 (A) whether to expand statutory liability 

10 limits to third parties; and 

11 (B) whether to revise the current statutory 

12 liability limits based on inflation or other meth13 ods to improve the certainty of liability coverage. 

14 (2) REPORT.—Not later than 90 days after the 

15 date of completion of the study, the Secretary shall 

16 submit the results of the study and any associated 

17 recommendations to the Committee on Commerce, 

18 Science, and Transportation of the Senate and the 

19 Committee on Transportation and Infrastructure of 

20 the House of Representatives. 

21 SEC. 35109. DISADVANTAGED BUSINESS ENTERPRISES. 

22 (a) DEFINITIONS.—In this section: 

23 (1) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Transportation. 
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1 (2) SMALL BUSINESS CONCERN.—The term 

2 ‘‘small business concern’’ has the meaning given the 

3 term in section 3 of the Small Business Act (15 

4 U.S.C. 632), except the term does not include any 

5 concern or group of concerns that— 

6 (A) are controlled by the same socially and 

7 economically disadvantaged individual or indi8 viduals; and 

9 (B) have average annual gross receipts over 

10 the preceding 3 fiscal years in excess of 

11 $22,410,000, as adjusted annually by the Sec12 retary for inflation. 

13 (3) SOCIALLY AND ECONOMICALLY DISADVAN14 TAGED INDIVIDUALS.— 

15 (A) IN GENERAL.— 

16 (i) SOCIALLY DISADVANTAGED INDIVID17 UALS.—The term ‘‘socially disadvantaged 

18 individuals’’ has the meaning given the 

19 term in section 8(a)(5)of the Small Business 

20 Act (15 U.S.C. 637(a)(5)), and relevant 

21 subcontracting regulations issued pursuant 

22 to that Act. 

23 (ii) ECONOMICALLY DISADVANTAGED

24 INDIVIDUALS.—The term ‘‘economically dis25 advantaged individuals’’ has the meaning 
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1 given the term in section 8(a)(6) of the 

2 Small Business Act (15 U.S.C. 637(a)(6)), 

3 and relevant subcontracting regulations 

4 issued pursuant to that Act. 

5 (B) INCLUSIONS.—For purposes of this sec6 tion, women shall be presumed to be socially and 

7 economically disadvantaged individuals. 

8 (b) IN GENERAL.—Except to the extent that the Sec9 retary determines otherwise, not less than 10 percent of the 

10 amounts made available for any program under chapter 

11 244, section 24105, or section 26106 of title 49, United 

12 States Code, shall be expended through a small business con13 cern owned and controlled by 1 or more socially and eco14 nomically disadvantaged individuals. 

15 (c) ANNUAL LISTING OF DISADVANTAGED SMALL

16 BUSINESS CONCERNS.—Each State shall annually— 

17 (1) survey each small business concern in the 

18 State; 

19 (2) compile a list of all of the small business con20 cerns in the State, including the location of each 

21 small business concern in the State; and 

22 (3) notify the Secretary, in writing, of the per23 centage of the small business concerns that— 

24 (A) are controlled by women; 
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1 (B) are controlled by socially and economi2 cally disadvantaged individuals (except for 

3 women); and 

4 (C) are controlled by individuals who are 

5 women and who are socially and economically 

6 disadvantaged individuals. 

7 (d) UNIFORM CERTIFICATION.—The Secretary shall es8 tablish minimum uniform criteria for State governments 

9 to use in certifying whether a small business concern quali10 fies under this section. The minimum uniform criteria shall 

11 include— 

12 (1) an on-site visit; 

13 (2) a personal interview; 

14 (3) a license; 

15 (4) an analysis of stock ownership; 

16 (5) an analysis of bonding capacity; 

17 (6) the listing of equipment; 

18 (7) the listing of work completed; and 

19 (8) a resume of each principal owner, the finan20 cial capacity, and the type of work preferred. 

21 (e) REPORTING.—The Secretary shall establish min22 imum requirements for State governments to use in report23 ing to the Secretary information concerning disadvantaged 

24 business enterprise awards, commitments, and achieve25 ments, and such other information as the Secretary deter-
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1 mines appropriate for the proper monitoring of the dis2 advantaged business enterprise program. 

3 (f) COMPLIANCE WITH COURT ORDERS.—Nothing in 

4 this section shall limit the eligibility of a person to receive 

5 funds made available under chapter 244, section 24105, or 

6 section 26106 of title 49, United States Code, if the person 

7 is prevented, in whole or in part, from complying with sub8 section (b) because a Federal court issues a final order in 

9 which the court finds that the requirement of subsection (b) 

10 or the program established under subsection (b) is unconsti11 tutional. 

12 SEC. 35110. WORKFORCE DEVELOPMENT. 

13 Not later than 1 year after the date of enactment of 

14 this Act, the Secretary of Transportation shall, in consulta15 tion with the States, local governments, Amtrak, freight 

16 railroad, and non-profit employee labor organizations— 

17 (1) complete a study regarding workforce devel18 opment needs in the passenger and freight rail indus19 try, including what knowledge and skill gaps in plan20 ning, financing, engineering, and operating passenger 

21 and freight rail systems exist, to assist in creating 

22 programs to help improve the rail industry; 

23 (2) make recommendations based on the results 

24 of the study; and 
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1 (3) report the findings and recommendations to 

2 the Committee on Commerce, Science, and Transpor3 tation of the Senate and the Committee on Transpor4 tation and Infrastructure of the House of Representa5 tives. 

6 SEC. 35111. VETERANS EMPLOYMENT. 

7 Not later than 180 days after the date of enactment 

8 of this Act, the Secretary of Transportation shall— 

9 (1) conduct a study to evaluate the best means 

10 for providing a preference to veterans in the award11 ing of contracts and subcontracts using amounts 

12 made available under chapter 244, and sections 24105 

13 and 26104 of title 49, United States Code; 

14 (2) make recommendations based on the results 

15 of the study; and 

16 (3) report the findings and recommendations to 

17 the Committee on Commerce, Science, and Transpor18 tation of the Senate and the Committee on Transpor19 tation and Infrastructure of the House of Representa20 tives. 

21 Subtitle B—Amtrak 

22 SEC. 35201. STATE-SUPPORTED ROUTES. 

23 (a) GRANT AVAILABILITY.—In addition to the uses 

24 permitted under section 209(d) of the Passenger Rail In25 vestment and Improvement Act of 2008 (49 U.S.C. 24101 
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1 note), a State may use funds provided under section 24406 

2 of title 49, United States Code, to temporarily pay Amtrak 

3 some or all of the operating costs for services identified 

4 under section 24102(5)(D) of title 49, United States Code, 

5 determined under the methodology established pursuant to 

6 section 209 of the Passenger Rail Investment and Improve7 ment Act of 2008 (49 U.S.C. 24101 note), that exceed— 

8 (1) the operating costs (adjusted for inflation) 

9 that the State paid Amtrak for the same services in 

10 the year prior to the implementation of section 209 

11 of that Act; or 

12 (2) if the services were not fully State-supported 

13 in that year, the full cost the State would have paid 

14 Amtrak under the State-supported service costing 

15 methodology then in effect. 

16 (b) TRANSITION ASSISTANCE GUIDANCE.—Not later 

17 than 180 days after the Surface Transportation Board de18 termines the appropriate methodology pursuant to section 

19 209 of the Passenger Rail Investment and Improvement Act 

20 of 2008 (49 U.S.C. 24101 note), the Secretary shall develop 

21 a transition assistance guidance that includes— 

22 (1) criteria for phasing-out the temporary oper23 ating assistance under this section not later than Oc24 tober 1, 2017; 

25 (2) a grant application process that permits— 
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1 (A) States to apply for such funds individ2 ually or collectively; and 

3 (B) Amtrak to be considered the grant re4 cipient of such funds upon an agreement between 

5 a State or States and Amtrak; and 

6 (3) policies governing financial terms, repay7 ment conditions, and other terms of financial assist8 ance. 

9 (c) ELIGIBILITY.—To be eligible for Federal transition 

10 assistance, an intercity passenger rail service shall provide 

11 high-speed or intercity passenger rail revenue operation on 

12 routes that are subject to section 209 of the Passenger Rail 

13 Investment and Improvement Act of 2008 (49 U.S.C. 24101 

14 note). 

15 (d) FEDERAL SHARE.—The Federal share of grants 

16 under this paragraph for eligible costs may be up to 100 

17 percent of the total costs under subsection (a). 

18 SEC. 35202. NORTHEAST CORRIDOR INFRASTRUCTURE AND 

19 OPERATIONS ADVISORY COMMISSION. 

20 (a) NORTHEAST CORRIDOR INFRASTRUCTURE AND OP21 ERATIONS ADVISORY COMMISSION IMPROVEMENTS.—Sec22 tion 24905 is amended— 

23 (1) by amending the section heading to read as 

24 follows: 
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1 ‘‘SEC. 24905. NORTHEAST CORRIDOR INFRASTRUCTURE 

2 AND OPERATIONS ADVISORY COMMISSION 

3 IMPROVEMENTS.’’; 

4 (2) by redesignating subsection (e) as subsection 

5 (g); 

6 (3) by striking subsections (a), (b), (c), (d), and 

7 (f) and inserting before subsection (g), as redesig8 nated, the following: 

9 ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND

10 OPERATIONS ADVISORY COMMISSION.— 

11 ‘‘(1) IN GENERAL.—The Secretary of Transpor12 tation shall establish a Northeast Corridor Infrastruc13 ture and Operations Advisory Commission (referred 

14 to in this section as the ‘Commission’) to foster the 

15 creation and implementation of a unified, regional, 

16 long-term investment strategy for the Northeast Cor17 ridor and to promote mutual cooperation and plan18 ning pertaining to the capital investment, rail oper19 ations and related activities of the Northeast Cor20 ridor. The Commission shall be made up of— 

21 ‘‘(A) members representing Amtrak; 

22 ‘‘(B) members representing the Department 

23 of Transportation, including the Federal Rail24 road Administration and the Office of the Sec25 retary; 
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1 ‘‘(C) 1 member from each of the States (in2 cluding the District of Columbia) that constitute 

3 the Northeast Corridor as defined in section 

4 24102, designated by, and serving at the pleasure 

5 of, the chief executive officer thereof; and 

6 ‘‘(D) non-voting representatives of freight 

7 railroad carriers using the Northeast Corridor 

8 selected by the Secretary. 

9 ‘‘(2) MEMBERSHIP.—The Secretary shall ensure 

10 that the membership belonging to any of the groups 

11 enumerated under paragraph (1) shall not constitute 

12 a majority of the Commission’s memberships. 

13 ‘‘(3) MEETINGS.—The Commission shall— 

14 ‘‘(A) establish a schedule and location for 

15 convening meetings; 

16 ‘‘(B) meet not less than 4 times per fiscal 

17 year; and 

18 ‘‘(C) develop rules and procedures to govern 

19 the Commission’s proceedings. 

20 ‘‘(4) VACANCIES.—A vacancy in the Commission 

21 shall be filled in the manner in which the original 

22 appointment was made. 

23 ‘‘(5) TRAVEL EXPENSES.—Members shall serve 

24 without pay but shall receive travel expenses, includ-
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1 ing per diem in lieu of subsistence, in accordance 

2 with sections 5702 and 5703 of title 5. 

3 ‘‘(6) CHAIRPERSON.—The Chairperson of the 

4 Commission shall be elected by the members. 

5 ‘‘(7) PERSONNEL.—The Commission may ap6 point and fix the pay of such personnel as the Com7 mission considers appropriate. 

8 ‘‘(8) DETAILEES.—Upon request of the Commis9 sion, the head of any department or agency of the 

10 United States may detail, on a reimbursable basis, 

11 any of the personnel of that department or agency to 

12 the Commission to assist it in carrying out its duties 

13 under this section. 

14 ‘‘(9) ADMINISTRATIVE SUPPORT.—Upon the re15 quest of the Commission, the Administrator of Gen16 eral Services shall provide to the Commission, on a 

17 reimbursable basis, the administrative support serv18 ices necessary for the Commission to carry out its re19 sponsibilities under this section. 

20 ‘‘(10) CONSULTATION WITH OTHER ENTITIES.— 

21 The Commission shall consult with other entities as 

22 appropriate. 

23 ‘‘(b) STATEMENT OF GOALS AND RECOMMENDA24 TIONS.— 
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1 ‘‘(1) STATEMENT OF GOALS.—The Commission 

2 shall develop a statement of goals concerning the fu3 ture of Northeast Corridor rail infrastructure and op4 erations based on achieving expanded and improved 

5 intercity, commuter, and freight rail services oper6 ating with greater safety and reliability, reduced 

7 travel times, increased frequencies, and enhanced 

8 intermodal connections designed to address airport 

9 and highway congestion, reduce transportation energy 

10 consumption, improve air quality, and increase eco11 nomic development of the Northeast Corridor region. 

12 ‘‘(2) RECOMMENDATIONS.—The Commission 

13 shall develop recommendations based on the statement 

14 of goals developed under this section addressing, as 

15 appropriate— 

16 ‘‘(A) short-term and long-term capital in17 vestment needs beyond those specified in the 

18 state-of-good-repair plan under section 211 of the 

19 Passenger Rail Investment and Improvement Act 

20 of 2008 (49 U.S.C. 24902 note); 

21 ‘‘(B) future funding requirements for cap22 ital improvements and maintenance; 

23 ‘‘(C) operational improvements of intercity 

24 passenger rail, commuter rail, and freight rail 

25 services; 
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1 ‘‘(D) opportunities for additional non-rail 

2 uses of the Northeast Corridor; 

3 ‘‘(E) scheduling and dispatching; 

4 ‘‘(F) safety and security enhancements; 

5 ‘‘(G) equipment design; 

6 ‘‘(H) marketing of rail services; 

7 ‘‘(I) future capacity requirements; and 

8 ‘‘(J) potential funding and financing mech9 anisms for projects of corridor-wide significance. 

10 ‘‘(c) NORTHEAST CORRIDOR HIGH SPEED AND INTER11 CITY SERVICE DEVELOPMENT PLAN.— 

12 ‘‘(1) LONG-RANGE NORTHEAST CORRIDOR SERV13 ICE DEVELOPMENT PLAN.—The Federal Railroad Ad14 ministration, in coordination with the Commission, 

15 Amtrak, the States, and other corridor users, shall 

16 complete a long-range Northeast Corridor Service De17 velopment Plan not later than December 31, 2014. 

18 ‘‘(2) COLLABORATION AND COOPERATION.—The 

19 parties comprising the Commission, acting separately 

20 and collectively, shall collaborate and cooperate to the 

21 maximum extent permitted by law in— 

22 ‘‘(A) the preparation of the service develop23 ment plan; 

24 ‘‘(B) the programmatic environmental re25 view process; and 
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1 ‘‘(C) the subsequent requirements required 

2 by the National Environmental Policy Act of 

3 1969 (42 U.S.C. 4321 et seq.), including the de4 velopment of supporting documentation. 

5 ‘‘(d) COMPREHENSIVE LONG-RANGE NORTHEAST COR6 RIDOR STRATEGY.— 

7 ‘‘(1) IN GENERAL.—Not later than 1 year after 

8 completion of the service development plan under sub9 section (c), the Commission shall develop a com10 prehensive long-range strategy for the future high11 speed, intercity, commuter, and freight rail utiliza12 tion of the Northeast Corridor that considers— 

13 ‘‘(A) the statement of goals developed under 

14 subsection (b)(1); 

15 ‘‘(B) the recommendations developed under 

16 subsection (b)(2); 

17 ‘‘(C) the economic development report under 

18 subsection (h); 

19 ‘‘(D) the service development plan and re20 lated alternatives developed through the pro21 grammatic environmental review for the North22 east Corridor; 

23 ‘‘(E) the capital and operating plans of all 

24 entities operating on the Northeast Corridor; 
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1 ‘‘(F) improvement programs and service 

2 initiatives planned by corridor owners and 

3 users; 

4 ‘‘(G) relevant local, State, and Federal 

5 transportation plans; and 

6 ‘‘(H) other plans, as appropriate. 

7 ‘‘(2) STRATEGY COMPONENTS.—The comprehen8 sive long-range strategy shall include— 

9 ‘‘(A) a comprehensive program containing a 

10 description and the planned phasing of all 

11 Northeast Corridor improvement programs, in12 vestments, and other anticipated changes; 

13 ‘‘(B) the impacts of the comprehensive pro14 gram on: 

15 ‘‘(i) highway and aviation congestion; 

16 ‘‘(ii) economic development; 

17 ‘‘(iii) job creation; and 

18 ‘‘(iv) the environment; 

19 ‘‘(C) the potential financing sources for the 

20 comprehensive program, including Federal, 

21 State, local, and private sector sources; 

22 ‘‘(D) new institutional or other structures 

23 necessary to implement the comprehensive pro24 gram; 
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1 ‘‘(E) the types of collaboration, participa2 tion, arrangements, and support between Amtrak 

3 and the Federal Government, the State and local 

4 governments in the Northeast Corridor, the com5 muter rail authorities and freight railroads that 

6 utilize the Northeast Corridor, the private sector, 

7 and others, as appropriate, that are necessary to 

8 achieve the comprehensive program; and 

9 ‘‘(F) any regulatory or statutory changes 

10 necessary to efficiently advance the comprehen11 sive program. 

12 ‘‘(e) ACCESS COSTS.— 

13 ‘‘(1) DEVELOPMENT OF STANDARDIZED FOR14 MULA.—Not later than September 30, 2013, the Com15 mission shall— 

16 ‘‘(A) develop a standardized formula for de17 termining and allocating costs, revenues, and 

18 compensation for Northeast Corridor commuter 

19 rail passenger transportation (as defined in sec20 tion 24102) on the Northeast Corridor main line 

21 between Boston, Massachusetts, and Washington, 

22 District of Columbia, and the Northeast Corridor 

23 branch lines connecting to Harrisburg, Pennsyl24 vania, Springfield, Massachusetts, and Spuyten 

25 Duyvil, New York, that use Amtrak facilities or 
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1 services or that provide such facilities or services 

2 to Amtrak that ensures that— 

3 ‘‘(i) there is no cross-subsidization of 

4 commuter rail passenger, intercity rail pas5 senger, or freight rail transportation; 

6 ‘‘(ii) each service is assigned the costs 

7 incurred only for the benefit of that service, 

8 and a proportionate share, based upon fac9 tors that reasonably reflect relative use, of 

10 costs incurred for the common benefit of 

11 more than 1 service; and 

12 ‘‘(iii) all financial contributions made 

13 by an operator of a service that benefit an 

14 infrastructure owner other than the operator 

15 are considered, including any capital infra16 structure investments and in-kind services; 

17 ‘‘(B) develop a proposed timetable for im18 plementing the formula not later than December 

19 31, 2014; 

20 ‘‘(C) transmit the proposed timetable to the 

21 Surface Transportation Board; and 

22 ‘‘(D) at the request of a Commission mem23 ber, petition the Surface Transportation Board 

24 to appoint a mediator to assist the Commission 
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1 members through non-binding mediation to 

2 reach an agreement under this section. 

3 ‘‘(2) IMPLEMENTATION.—Amtrak and public au4 thorities providing commuter rail passenger transpor5 tation on the Northeast Corridor shall implement new 

6 agreements for usage of facilities or services based on 

7 the standardized formula under paragraph (1) in ac8 cordance with the timetable established therein. If the 

9 entities fail to implement the new agreements in ac10 cordance with the timetable, the Commission shall pe11 tition the Surface Transportation Board to determine 

12 the appropriate compensation amounts for such serv13 ices under section 24904(c). The Surface Transpor14 tation Board shall enforce its determination on the 

15 party or parties involved. 

16 ‘‘(3) REVISIONS.—The Commission may make 

17 necessary revisions to the standardized formula devel18 oped under paragraph (1), including revisions based 

19 on Amtrak’s financial accounting system developed 

20 under section 203 of the Passenger Rail Investment 

21 and Improvement Act of 2008 (49 U.S.C. 24101 

22 note). 

23 ‘‘(f) TRANSMISSION OF STATEMENT OF GOALS, REC24 OMMENDATIONS, AND PLANS.—The Commission shall 

25 transmit to the Committee on Commerce, Science, and 
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1 Transportation of the Senate and the Committee on Trans2 portation and Infrastructure of the House of Representa3 tives— 

4 ‘‘(1) not later than 60 days after the date of en5 actment of the National Rail System Preservation, 

6 Expansion, and Development Act of 2012, the state7 ment of goals under subsection (b); 

8 ‘‘(2) annually beginning on December 31, 2012, 

9 the recommendations under subsection (b)(2) and the 

10 standardized formula and timetable under subsection 

11 (e)(1); and 

12 ‘‘(3) the comprehensive long-range strategy under 

13 this section.’’.; and 

14 (4) by inserting after subsection (g), as redesig15 nated, the following 

16 ‘‘(h) REPORT ON NORTHEAST CORRIDOR ECONOMIC

17 DEVELOPMENT.—Not later than September 30, 2013, the 

18 Commission shall transmit a report to the Committee on 

19 Commerce, Science, and Transportation of the Senate and 

20 the Committee on Transportation and Infrastructure of the 

21 House of Representatives on the role of Amtrak’s Northeast 

22 Corridor service between Washington, District of Columbia, 

23 and Boston, Massachusetts, in the economic development of 

24 the Northeast Corridor region. The report shall examine 
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1 how to enhance the utilization of the Northeast Corridor for 

2 greater economic development, including— 

3 ‘‘(1) improving real estate utilization; 

4 ‘‘(2) improved intercity, commuter, and freight 

5 services; and 

6 ‘‘(3) improving optimum utility utilization. 

7 ‘‘(i) NORTHEAST CORRIDOR SAFETY COMMITTEE.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall establish 

9 a Northeast Corridor Safety Committee composed of 

10 members appointed by the Secretary. The members 

11 shall be representatives of— 

12 ‘‘(A) the Department of Transportation, in13 cluding the Federal Railroad Administration; 

14 ‘‘(B) Amtrak; 

15 ‘‘(C) freight carriers operating more than 

16 150,000 train miles a year on the main line of 

17 the Northeast Corridor; 

18 ‘‘(D) commuter rail agencies; 

19 ‘‘(E) rail passengers; 

20 ‘‘(F) rail labor; and 

21 ‘‘(G) other individuals and organizations 

22 the Secretary decides have a significant interest 

23 in rail safety or security. 

24 ‘‘(2) FUNCTION; MEETINGS.—The Secretary shall 

25 consult with the Committee about safety and security 
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1 improvements on the Northeast Corridor main line. 

2 The Committee shall meet not less than 2 times per 

3 year to consider safety and security matters on the 

4 main line. 

5 ‘‘(3) REPORT.—At the beginning of the first ses6 sion of each Congress, the Secretary shall submit a re7 port to the Commission and to the Committee on 

8 Commerce, Science, and Transportation of the Senate 

9 and the Committee on Transportation and Infrastruc10 ture of the House of Representatives on the status of 

11 efforts to improve safety and security on the Northeast 

12 Corridor main line. The report shall include the safe13 ty and security recommendations of the Committee 

14 and the comments of the Secretary on those rec15 ommendations.’’. 

16 (b) CONFORMING AMENDMENT.—The table of contents 

17 for chapter 249 is amended by striking the item relating 

18 to section 24905 and inserting the following: 

‘‘24905. Northeast corridor infrastructure and operations advisory commission 

improvements.’’. 

19 SEC. 35203. NORTHEAST CORRIDOR HIGH-SPEED RAIL IM20 PROVEMENT PLAN. 

21 (a) PLANS.—Not later than 180 days after the date 

22 of enactment of this Act, Amtrak shall— 
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1 (1) complete a refined vision for an integrated 

2 program of improvements on the Northeast Corridor 

3 that will result in, by 2040— 

4 (A) the development and operation of a new 

5 high-speed rail system capable of high capacity, 

6 200 mile-per-hour or greater operation between 

7 Washington, District of Columbia and Boston, 

8 Massachusetts; 

9 (B) the completion of the improvements 

10 identified in the Northeast Corridor Infrastruc11 ture Master Plan published by Amtrak on May 

12 19, 2010; and 

13 (C) the continued operation of existing and 

14 currently planned intercity, commuter, and 

15 freight services utilizing the Northeast Corridor 

16 during the implementation of the program; and 

17 (2) complete a business and financing plan to 

18 achieve the program under paragraph (1) that identi19 fies the estimated— 

20 (A) benefits and costs of the program, in21 cluding ridership, revenues, capital and oper22 ating costs, and cash flow projections; 

23 (B) implementation schedule, including the 

24 phasing of the program into achievable segments 
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1 that maximize the benefits and support the ulti2 mate completion of the program; 

3 (C) potential financing sources for the pro4 gram, including Federal, State, local, and pri5 vate sector sources; and 

6 (D) organization changes, new institutional 

7 or corporate arrangements, partnerships, pro8 curement techniques, and other structures nec9 essary to implement the program. 

10 (b) SUPPORT.—The Secretary of Transportation shall 

11 provide appropriate support, assistance, oversight, and 

12 guidance to Amtrak during the preparation of the plans 

13 under subsection (a). 

14 (c) SUBMISSION.—Amtrak shall submit the refined vi15 sion and an appropriate elements of the business and fi16 nancing plan to the Federal Railroad Administration and 

17 the Northeast Corridor Infrastructure and Operations Advi18 sory Commission for use in the development of the Northeast 

19 Corridor High Speed and Intercity Service Development 

20 Plan and the Comprehensive Long-Range Northeast Cor21 ridor Strategy. 

22 (d) HIGH-SPEED RAIL EQUIPMENT.—The Secretary of 

23 Transportation shall not preclude the use of Federal funds 

24 made available to purchase rolling stock to purchase any 

25 equipment used for ‘‘high-speed rail’’ (as defined in section 
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1 26106(b)(4) of title 49, United States Code) that otherwise 

2 complies with all applicable Federal standards. 

3 SEC. 35204. NORTHEAST CORRIDOR ENVIRONMENTAL RE4 VIEW PROCESS. 

5 (a) NORTHEAST CORRIDOR.—Not later than 90 days 

6 after the date of enactment of this Act, the Secretary shall 

7 complete a plan and a schedule for the completion of the 

8 programmatic environmental review for the Northeast Cor9 ridor. The schedule shall require the completion of the pro10 grammatic environmental review for the Northeast Corridor 

11 not later than 3 years after the date of enactment of this 

12 Act. 

13 (b) COORDINATION WITH THE NORTHEAST CORRIDOR

14 INFRASTRUCTURE AND OPERATIONS ADVISORY COMMIS15 SION.—The Federal Railroad Administration shall closely 

16 coordinate the programmatic environmental review process 

17 with the Northeast Corridor Infrastructure and Operations 

18 Advisory Commission. 

19 SEC. 35205. DELEGATION AUTHORITY. 

20 (a) DELEGATION OF AUTHORITY.—In carrying out 

21 programmatic or project level environmental reviews for 

22 high speed and intercity passenger rail programs, projects, 

23 or services, the Secretary may delegate to Amtrak any or 

24 all of the Secretary’s authority and responsibility under the 

25 National Environmental Policy Act of 1969 (42 U.S.C. 
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1 4321 et seq.), section 106 of the National Historic Preserva2 tion Act of 1966 (16 U.S.C. 470f), section 4(f) of the Depart3 ment of Transportation Act (80 Stat. 934), section 404 of 

4 the Federal Water Pollution Control Act (33 U.S.C. 1344), 

5 and section 7 of the Endangered Species Act of 1973 (16 

6 U.S.C. 1536), and may provide to Amtrak any related 

7 funding provided to the Secretary for such purposes as the 

8 Secretary deems necessary if— 

9 (1) Amtrak agrees in writing to assume the dele10 gated authority and responsibility; 

11 (2) Amtrak has or can obtain sufficient resources 

12 or the Secretary provides such resources to Amtrak to 

13 appropriately carry out such authority or responsi14 bility; and 

15 (3) delegating the authority and responsibility 

16 will improve the quality or timeliness of the environ17 mental review. 

18 SEC. 35206. AMTRAK INSPECTOR GENERAL. 

19 (a) IN GENERAL.—Chapter 243 is amended by adding 

20 after section 24316 the following: 

21 ‘‘§ 24317. Inspector general 

22 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Office of the Inspec24 tor General of Amtrak the following amounts: 

25 ‘‘(1) For fiscal year 2009, $20,000,000. 
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1 ‘‘(2) For fiscal year 2010, $21,000,000. 

2 ‘‘(3) For fiscal year 2011, $22,000,000. 

3 ‘‘(4) For fiscal year 2012, $22,000,000. 

4 ‘‘(5) For fiscal year 2013, $23,000,000. 

5 ‘‘(b) AUTHORITY.— 

6 ‘‘(1) IN GENERAL.—The Inspector General of 

7 Amtrak shall have the authority available to other In8 spectors General, as necessary in carrying out the du9 ties specified in the Inspector General Act 1978 (5 

10 U.S.C. App. 3), to investigate any alleged violation of 

11 sections 286, 287, 371, 641, 1001, 1002 and 1516 of 

12 title 18. 

13 ‘‘(2) AGENCY.—Solely for purposes of sections 

14 286, 287, 371, 641, 1001, 1002, and 1516 of title 18, 

15 Amtrak and the Amtrak Office of the Inspector Gen16 eral, shall be considered a corporation in which the 

17 United States has a proprietary interest as set forth 

18 in section 6 of such title. 

19 ‘‘(c) FALSE CLAIMS.—Claims made or presented to 

20 Amtrak shall be considered as claims under section 

21 3729(b)(2)(A)(ii) of title 31. Statements made or presented 

22 to Amtrak shall be considered as statements under subpara23 graphs (B) and (G) of section 3729(a)(1) of such title. 
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1 ‘‘(d) LIMITATION.—Subsections (b) and (c) shall be ef2 fective only with respect to a fiscal year for which Amtrak 

3 receives a Federal subsidy. 

4 ‘‘(e) QUALIFIED IMMUNITY.— 

5 ‘‘(1) IN GENERAL.—An employee of the Amtrak 

6 Office of Inspector General shall enjoy the same per7 sonal qualified immunity from lawsuit or liability as 

8 the employees of the Department of Transportation 

9 Office of Inspector General with respect to the per10 formance of investigative, audit, inspection, or eval11 uation functions authorized under the Inspector Gen12 eral Act of 1978 (5 U.S.C. App.) that are carried out 

13 for the Amtrak Office of Inspector General. 

14 ‘‘(2) FEDERAL GOVERNMENT LIABILITY.—No li15 ability of any kind shall attach to or rest upon the 

16 United States for any damages from or by any ac17 tions of the Amtrak Office of Inspector General, its 

18 employees, agents, or representatives. 

19 ‘‘(f) SERVICES.—Amtrak and the Inspector General of 

20 Amtrak may obtain services under sections 502(a) and 602 

21 of title 40, including travel programs, from the Adminis22 trator of General Services. The Administrator of General 

23 Services shall provide services under sections 502(a) and 

24 602 of title 40, to Amtrak and the Inspector General.’’. 
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1 (b) MANAGEMENT ASSESSMENT.—Section 24310 is 

2 amended to read as follows: 

3 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

4 date of enactment of the Passenger Rail Investment and Im5 provement Act of 2008 (122 Stat. 4907) and 2 years there6 after— 

7 ‘‘(1) the Inspector General of the Department of 

8 Transportation shall complete an overall assessment 

9 of the progress made by the Department of Transpor10 tation in implementing the provisions of that Act; 

11 and 

12 ‘‘(2) the Inspector General of Amtrak shall com13 plete an overall assessment of the progress made by 

14 Amtrak management in implementing the provisions 

15 of the Passenger Rail Investment and Improvement 

16 Act of 2008 (122 Stat. 4907). 

17 ‘‘(b) ASSESSMENT.—The management assessment by 

18 the Amtrak Inspector General may include a review of— 

19 ‘‘(1) the effectiveness in improving annual finan20 cial planning; 

21 ‘‘(2) the effectiveness in improving financial ac22 counting; 

23 ‘‘(3) Amtrak management’s efforts to implement 

24 minimum train performance standards; 
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1 ‘‘(4) Amtrak management’s progress toward 

2 maximizing revenues, minimizing Federal subsidies, 

3 and improving financial results; and 

4 ‘‘(5) any other aspect of Amtrak operations that 

5 the Amtrak Inspector General finds appropriate.’’. 

6 (c) INSPECTOR GENERAL POLICIES AND PROCE7 DURES.—The Amtrak Inspector General and Amtrak 

8 shall— 

9 (1) continue to follow the policies and procedures 

10 for interacting with one another in a manner that is 

11 consistent with the Inspector General Act of 1978 (5 

12 U.S.C. App.), as approved by the Council of the In13 spectors General on Integrity and Efficiency; and 

14 (2) work toward establishing proper protocols 

15 and firewalls to maintain the Amtrak Inspector Gen16 eral’s independence, as appropriate. 

17 (d) IMPROVEMENTS.—The Amtrak Inspector General 

18 and Amtrak shall identify any funding needs and authority 

19 improvements necessary to effectuate the policies, proce20 dures, protocols, and firewalls under subsection (c) and sub21 mit a report of the necessary funding and authority im22 provements as part of their annual budget requests. 

23 (e) TECHNICAL AMENDMENT.—Section 101 of the Pas24 senger Rail Investment and Improvement Act of 2008 (122 
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1 Stat. 4907), is amended by striking subsection (b) and in2 serting the following: 

3 ‘‘(b) [Reserved].’’. 

4 (f) CLERICAL AMENDMENT.—The table of contents for 

5 chapter 243 is amended by adding at the end the following: 

‘‘24317. Inspector General.’’. 

6 SEC. 35207. COMPENSATION FOR PRIVATE-SECTOR USE OF 

7 FEDERALLY-FUNDED ASSETS. 

8 If capital assets that are owned by a public entity or 

9 Amtrak built or improved with Federal funds authorized 

10 under subtitle V of title 49, United States Code, are made 

11 available for exclusive use by a for-profit entity, except for 

12 an entity owned or controlled by the Department of Trans13 portation, for the purpose of providing intercity passenger 

14 rail service, the Secretary may require, as appropriate, that 

15 the for-profit entity provide adequate compensation, as de16 termined by the Secretary, to the United States for the use 

17 of the capital assets in an amount that reflects the benefit 

18 of the Federal funding to the for-profit entity. 

19 SEC. 35208. ON-TIME PERFORMANCE. 

20 Where the on time performance of any intercity pas21 senger train averages less than 80 percent for any 2 con22 secutive calendar quarters and the failure to meet such per23 formance levels is solely the responsibility of the host rail24 road, Amtrak shall not pay the host railroad any incentive 
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1 payments for on time performance of the subject intercity 

2 passenger train during such calendar quarters. 

3 SEC. 35209. BOARD OF DIRECTORS. 

4 Section 24302(a)(3) is amended by striking ‘‘5’’ the 

5 second place it appears and inserting ‘‘4’’. 

6 SEC. 35210. AMTRAK. 

7 Section 24305(f) of title 49, United States Code, is 

8 amended by adding at the end the following: 

9 ‘‘(5) The requirements under this subsection shall 

10 apply to all contracts eligible for assistance under 

11 this chapter for a project carried out within the scope 

12 of the applicable finding, determination, or decision 

13 under the National Environmental Policy Act of 1969 

14 (42 U.S.C. 4321 et seq.), regardless of the funding 

15 source of such contracts, if at least 1 contract for the 

16 project is funded with amounts made available to 

17 carry out this chapter.’’. 

18 Subtitle C—Rail Safety 

19 Improvements 

20 SEC. 35301. POSITIVE TRAIN CONTROL. 

21 (a) REVIEW AND APPROVAL.—Section 20157(c) is 

22 amended to read as follows: 

23 ‘‘(c) REVIEW AND APPROVAL.— 

24 ‘‘(1) REVIEW.—Not later than 90 days after the 

25 Secretary receives a proposed plan, the Secretary 
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1 shall review and approve or disapprove it. If a pro2 posed plan is not approved, the Secretary shall notify 

3 the affected railroad carrier or other entity as to the 

4 specific deficiencies in the proposed plan. The rail5 road carrier or other entity shall correct the defi6 ciencies not later than 30 days after receipt of the 

7 written notice. 

8 ‘‘(2) AMENDMENTS.—The Secretary shall review 

9 any amendments to a plan in the time frame re10 quired by section (1). 

11 ‘‘(3) ANNUAL REVIEW.—The Secretary shall con12 duct an annual review to ensure that each railroad 

13 carrier and entity is complying with its plan, includ14 ing a railroad carrier or entity that elects to fully im15 plement a positive train control system prior to the 

16 required deadline.’’. 

17 (b) REPORT CRITERIA.—Section 20157(d) is amended 

18 to read as follows: 

19 ‘‘(d) REPORT.—Not later than June 30, 2012, the Sec20 retary shall submit a report to the Committee on Commerce, 

21 Science, and Transportation of the Senate and the Com22 mittee on Transportation and Infrastructure of the House 

23 of Representatives on the progress of the railroad carriers 

24 in implementing the positive train control systems, includ25 ing— 
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1 ‘‘(1) the likelihood that each railroad will meet 

2 the December 31, 2015 deadline; 

3 ‘‘(2) the obstacles to each railroad’s successful 

4 implementation, including the obstacles identified in 

5 the General Accountability Office’s report issued on 

6 December 15, 2010, and titled ‘Rail Safety: Federal 

7 Railroad Administration Should Report on Risks to 

8 Successful Implementation of Mandated Safety Tech9 nology’ (GAO–11–133); and 

10 ‘‘(3) the actions that Congress, railroads, rel11 evant Federal entities, and other stakeholders can take 

12 to mitigate obstacles to successful implementation.’’. 

13 (c) EXTENSION AUTHORITY.—Section 20157 is 

14 amended— 

15 (1) by redesignating subsections (h) and (i) as 

16 subsections (i) and (j), respectively; and 

17 (2) by inserting after subsection (g) the fol18 lowing: 

19 ‘‘(h) EXTENSION.— 

20 ‘‘(1) IN GENERAL.—After completing the report 

21 under subsection (d), the Secretary may extend in 1 

22 year increments, upon application, the implementa23 tion deadline, if the Secretary— 

24 ‘‘(A) determines that— 
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1 ‘‘(i) full implementation will likely be 

2 infeasible due to circumstances beyond the 

3 control of the applicant, including funding 

4 availability, spectrum acquisition, resource 

5 and technology availability, and interoper6 ability standards; 

7 ‘‘(ii) the applicant has demonstrated 

8 good faith in its positive train control im9 plementation; 

10 ‘‘(iii) the applicant has presented a re11 vised positive train control implementation 

12 plan indicating how it will fully implement 

13 positive train control as soon as feasible, 

14 and not later than December 31, 2018; and 

15 ‘‘(iv) such extension will not extend be16 yond December 31, 2018; and 

17 ‘‘(B) takes into consideration— 

18 ‘‘(i) whether the affected areas of track 

19 have been identified as areas of greater risk 

20 to the public and railroad employees in the 

21 applicant’s positive train control implemen22 tation plan under section 236.1011(a)(4) of 

23 title 49, Code of Federal Regulations; and 

24 ‘‘(ii) the risk of operational failure to 

25 the affected service areas and the applicant. 
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1 ‘‘(2) APPLICATION REVIEW.—The Secretary shall 

2 review an application submitted pursuant to para3 graph (1) and approve or disapprove the application 

4 not later than 10 days after the application is re5 ceived.’’. 

6 (d) APPLICABILITY.—Section 20157 is amended by 

7 striking ‘‘transported;’’ in subsection (a)(1)(B) and insert8 ing ‘‘transported on or after December 31, 2015;’’. 

9 SEC. 35302. ADDITIONAL ELIGIBILITY FOR RAILROAD REHA10 BILITATION AND IMPROVEMENT FINANCING. 

11 (a) POSITIVE TRAIN CONTROL SYSTEMS.—Section 

12 502(b)(1) of the Railroad Revitalization and Regulatory 

13 Reform Act of 1976 (45 U.S.C. 822(b)(1)), is amended— 

14 (1) in subparagraph (B) by striking ‘‘or’’; 

15 (2) in subparagraph (C) by striking ‘‘facilities.’’ 

16 and inserting ‘‘facilities; or’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(D) implement a positive train control 

19 system, as required by section 20157 of title 49, 

20 United States Code.’’. 

21 (b) POSITIVE TRAIN CONTROL COLLATERAL.—Section 

22 502(h)(2) of the Railroad Revitalization and Regulatory 

23 Reform Act of 1976 (45 U.S.C. 822(h)(2)), is amended by 

24 adding at the end the following: 
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1 ‘‘For purposes of making a finding under sub2 section (g)(4) for a loan for positive train control, the 

3 total cost of the labor and materials associated with 

4 installing positive train control shall be deemed to be 

5 equal to the collateral value of that asset.’’. 

6 SEC. 35303. FCC STUDY OF SPECTRUM AVAILABILITY. 

7 (a) SPECTRUM NEEDS ASSESSMENT.—Not later than 

8 120 days after the date of enactment of this Act, the Sec9 retary of Transportation and the Chairman of the Federal 

10 Communications Commission shall coordinate to assess 

11 spectrum needs and availability for implementing positive 

12 train control systems, as defined in section 20157 of title 

13 49, United States Code. In conducting the spectrum needs 

14 assessment, the Secretary and the Chairman shall— 

15 (1) evaluate the information provided in the 

16 Federal Communications Commission WT–11–79 

17 proceeding; 

18 (2) evaluate the positive train control implemen19 tations plans and any subsequent amendments or 

20 waivers to those plans provided to the Federal Rail21 road Administration; and 

22 (3) evaluate individual railroad spectrum de23 mand studies. 

24 (b) RECOMMENDATIONS.—Not later than 90 days after 

25 the completion of the spectrum needs assessment under sub-
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1 section (a), the Secretary and the Chairman shall submit 

2 a plan to the Committee on Commerce, Science, and Trans3 portation of the Senate and the Committee on Transpor4 tation and Infrastructure of the House of Representatives, 

5 for approximate resolution to any issues that may prevent 

6 railroad carriers or entities from complying with the De7 cember 31, 2015, positive train control implementation 

8 deadline. 

9 Subtitle D—Freight Rail 

10 SEC. 35401. RAIL LINE RELOCATION. 

11 Section 20154 is amended— 

12 (1) in subsection (b)— 

13 (A) by striking ‘‘either’’; 

14 (B) by striking ‘‘or’’ at the end of para15 graph (1); 

16 (C) by striking the period at the end of 

17 paragraph (2) and inserting ‘‘; or’’; and 

18 (D) by adding at the end the following: 

19 ‘‘(3) involves a lateral or vertical relocation of 

20 any portion of a road.’’; 

21 (2) in subsection (e)(1), by striking ‘‘10’’ and in22 serting ‘‘20’’; and 

23 (3) in subsection (h)(3), by inserting ‘‘a public 

24 agency,’’ after ‘‘of a State,’’. 
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1 SEC. 35402. COMPILATION OF COMPLAINTS. 

2 (a) IN GENERAL.—Section 704 is amended— 

3 (1) by striking the section heading and inserting 

4 the following: 

5 ‘‘§ 704. Reports’’; 

6 (2) by inserting ‘‘(a) ANNUAL REPORT.—’’ before 

7 ‘‘The Board’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(b) COMPLAINTS.— 

10 ‘‘(1) IN GENERAL.—The Board shall establish 

11 and maintain a database of complaints received by 

12 the Board. 

13 ‘‘(2) QUARTERLY REPORT.—The Board shall post 

14 a quarterly report of formal and informal service 

15 complaints received by the Board during the previous 

16 quarter that includes— 

17 ‘‘(A) a list of the type of each complaint; 

18 ‘‘(B) the geographic region of the complaint; 

19 and 

20 ‘‘(C) the resolution of the complaint, if ap21 propriate. 

22 ‘‘(3) WRITTEN CONSENT.—The quarterly report 

23 may identify a complainant that submitted an infor24 mal complaint only upon the written consent of the 

25 complainant. 
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1 ‘‘(4) WEBSITE POSTING.—The report shall be 

2 posted on the Board’s public website.’’. 

3 (b) CONFORMING AMENDMENT.—The table of contents 

4 for chapter 7 is amended by striking the item relating to 

5 section 704 and inserting the following: 

‘‘704. Reports.’’. 

6 SEC. 35403. MAXIMUM RELIEF IN CERTAIN RATE CASES. 

7 (a) IN GENERAL.—The Surface Transportation Board 

8 shall revise the maximum amount of rate relief available 

9 to railroad shippers in cases brought pursuant to the meth10 od developed under section 10701(d)(3) of title 49, United 

11 States Code, as that section existed as of the date of enact12 ment of this Act, to be as follows: 

13 (1) $1,500,000 in a rate case brought using the 

14 Surface Transportation Board’s ‘‘three-benchmark’’ 

15 procedure. 

16 (2) $10,000,000 in a rate case brought using the 

17 Surface Transportation Board’s ‘‘simplified stand18 alone cost’’ procedure. 

19 (b) PERIODIC REVIEW.—The Board shall periodically 

20 review the amounts established by subsection (a) and revise 

21 the amounts, as appropriate. 

22 SEC. 35404. RATE REVIEW TIMELINES. 

23 In stand-alone cost rate challenges, the Surface Trans24 portation Board shall comply with the following timelines 
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1 unless it extends them, after a request from any party or 

2 in the interest of due process: 

3 (1) For discovery, 150 days after the date on 

4 which the challenge is initiated. 

5 (2) For development of the evidentiary record, 

6 155 days after that date. 

7 (3) For submission of parties’ closing briefs, 60 

8 days after that date. 

9 (4) For a final Board decision, 180 days after 

10 the date on which the parties submit closing briefs. 

11 SEC. 35405. REVENUE ADEQUACY STUDY. 

12 (a) REVENUE ADEQUACY STUDY.— 

13 (1) IN GENERAL.—Not later than 180 days after 

14 the date of enactment of this Act, the Surface Trans15 portation Board shall initiate a study to provide fur16 ther guidance on how it will apply its revenue ade17 quacy constraint. 

18 (2) CONSIDERATIONS.—In conducting the study, 

19 the Surface Transportation Board shall consider 

20 whether to apply the revenue adequacy constrain 

21 using replacement costs to value the assets of rail fa22 cilities and equipment. 

23 (b) PUBLIC NOTICE.—In conducting the study under 

24 subsection (a), the Surface Transportation Board shall— 

25 (1) provide public notice; 
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1 (2) an opportunity for comment; and 

2 (3) conduct 1 or more public hearings. 

3 (c) REPORT.—Not later than 60 days after the study 

4 under subsection (a) is complete, the Surface Transpor5 tation Board shall submit the findings of the study to the 

6 Commerce, Science, and Transportation Committee of the 

7 Senate and the Transportation and Infrastructure Com8 mittee of the House of Representatives. 

9 SEC. 35406. QUARTERLY REPORTS. 

10 Not later than 60 days after the date of enactment of 

11 this Act, the Surface Transportation Board shall provide 

12 quarterly reports to the Commerce, Science, and Transpor13 tation Committee of the Senate and the Transportation and 

14 Infrastructure Committee of the House of Representatives 

15 on the Surface Transportation Board’s progress toward ad16 dressing issues raised in unfinished regulatory proceedings, 

17 regardless of whether a proceeding is subject to a statutory 

18 or regulatory deadline. 

19 SEC. 35407. WORKFORCE REVIEW. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of enactment of this Act, the Chairman of the Surface 

22 Transportation Board, in consultation with the Director of 

23 the Office of Personnel Management, shall conduct a review 

24 of the Surface Transportation Board workforce to assist in 
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1 the development of a comprehensive, long-term human cap2 ital improvement plan. 

3 (b) PLAN.—Not later than 180 days after the review 

4 under subsection (a) is complete, the Chairman shall de5 velop a comprehensive, long-term human capital improve6 ment plan for Surface Transportation Board personnel to 

7 identify— 

8 (1) the optimal workforce size of the Surface 

9 Transportation Board to address its current and fu10 ture program needs; 

11 (2) the hiring, training, managing, and com12 pensation needs to recruit and retain qualified per13 sonnel, including experts to assess long-standing and 

14 emerging railroad industry trends; 

15 (3) the means for improving the current organi16 zational structure and workforce to most efficiently 

17 execute the Surface Transportation Board’s mission; 

18 and 

19 (4) any recommendations for potential coordina20 tion with colleges, universities, or other non-profit or21 ganizations for training programs to support work22 force development. 

23 (c) REPORT.—The Chairman shall submit the plan to 

24 the Committee on Commerce, Science, and Transportation 
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1 of the Senate and the Committee on Transportation and 

2 Infrastructure of the House of Representatives. 

3 SEC. 35408. RAILROAD REHABILITATION AND IMPROVE4 MENT FINANCING. 

5 (a) CONDITIONS OF ASSISTANCE.—Section 502(h)(2) 

6 of the Railroad Revitalization and Regulatory Reform Act 

7 of 1976 (45 U.S.C. 822(h)(2)), as amended by section 36302 

8 of this Act, is amended by adding at the end the following: 

9 ‘‘The Secretary shall accept, for the purpose of making 

10 a finding with regard to adequate collateral for a public 

11 entity, the net present value on a future stream of State 

12 or local subsidy income or a dedicated revenue as collateral 

13 offered to secure a loan.’’. 

14 (b) ELIGIBLE PURPOSES.—Section 502(b)(1) of the 

15 Railroad Revitalization and Regulatory Reform Act of 

16 1976 (45 U.S.C. 822(b)(1)), as amended by section 36302 

17 of this Act, is further amended— 

18 (1) by striking ‘‘or’’ at the end of subparagraph 

19 (C); 

20 (2) by striking the period at the end of subpara21 graph (D) and inserting ‘‘; or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(E) conduct preliminary engineering, en24 vironmental review, permitting, or other pre-con25 struction activities.’’. 
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1 (c) STUDY.—The Secretary shall submit a report to 

2 the Committee on Commerce, Science, and Transportation 

3 of the Senate and the Committee on Transportation and 

4 Infrastructure of the House of Representatives detailing rec5 ommendations for improving the Railroad Rehabilitation 

6 and Improvement Financing program administration, in7 cluding timely processing of applications, expansion of eli8 gibilities, and other issues that impede passenger and rail 

9 carriers from utilizing the program. 

10 Subtitle E—Technical Corrections 

11 SEC. 35501. TECHNICAL CORRECTIONS. 

12 (a) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 

13 (1) The table of contents in section 1(b) of the 

14 Rail Safety Improvement Act of 2008 (122 Stat. 

15 4848) is amended— 

16 (A) by striking the item relating to section 

17 201 and inserting the following: 

‘‘Sec. 201. Pedestrian safety at or near railroad passenger stations.’’; and 

18 (B) by striking the item relating to section 

19 403 and inserting the following: 

‘‘Sec. 403. Study and rulemaking on track inspection time; rulemaking on concrete crossties.’’. 

20 (2) Section 2(a)(1) of the Rail Safety Improve21 ment Act of 2008 (49 U.S.C. 20102 note), is amended 

22 by inserting a comma after ‘‘railroad tracks at 

23 grade’’. 
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1 (3) Section 102(a) of the Rail Safety Improve2 ment Act of 2008 (49 U.S.C. 20101 note), is amend3 ed— 

4 (A) by striking ‘‘, at a minimum,’’; 

5 (B) in paragraph (1), by inserting a 

6 comma after ‘‘railroads’’; and 

7 (C) by amending paragraph (6) to read as 

8 follows: 

9 ‘‘(6) Improving the safety of railroad bridges, 

10 tunnels, and related infrastructure to prevent acci11 dents, incidents, injuries, and fatalities caused by cat12 astrophic and other failures of such infrastructure.’’. 

13 (4) Section 108(f)(1) of the Rail Safety Improve14 ment Act of 2008 (49 U.S.C. 21101 note), is amended 

15 by striking ‘‘requirements for recordkeeping and re16 porting for Hours of Service of Railroad Employees’’ 

17 and inserting ‘‘requirements for record keeping and 

18 reporting for hours of service of railroad employees’’. 

19 (5) Section 201 of the Rail Safety Improvement 

20 Act of 2008 (49 U.S.C. 20134 note), is amended— 

21 (A) in the section heading, by striking ‘‘PE22 DESTRIAN CROSSING SAFETY.’’ and inserting 

23 ‘‘PEDESTRIAN SAFETY AT OR NEAR RAIL24 ROAD PASSENGER STATIONS.’’; 
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1 (B) by striking ‘‘strategies and methods to 

2 prevent pedestrian accidents, incidents, injuries, 

3 and fatalities at or near passenger stations, in4 cluding’’ and inserting ‘‘strategies and methods 

5 to prevent train-related accidents, incidents, in6 juries, and fatalities that involve a pedestrian at 

7 or near a railroad passenger station, including’’; 

8 and 

9 (C) in paragraph (1) by striking ‘‘at rail10 road passenger stations’’. 

11 (6) Section 206(a) of the Rail Safety Improve12 ment Act of 2008 (49 U.S.C. 22501 note), is amended 

13 by striking ‘‘Public Service Announcements’’ and in14 serting ‘‘public service announcements’’. 

15 (7) Section 403 of the Rail Safety Improvement 

16 Act of 2008 (49 U.S.C. 20142 note), is amended— 

17 (A) in the section heading, by striking 

18 ‘‘TRACK INSPECTION TIME STUDY.’’ and in19 serting ‘‘STUDY AND RULEMAKING ON

20 TRACK INSPECTION TIME; RULEMAKING

21 ON CONCRETE CROSSTIES.’’; and 

22 (B) in subsection (d)— 

23 (i) by striking ‘‘CROSS TIES’’ in the 

24 subsection heading and inserting ‘‘CROSS25 TIES’’; 
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1 (ii) by striking ‘‘cross ties’’ and insert2 ing ‘‘crossties’’; and 

3 (iii) in paragraph (2), by striking 

4 ‘‘cross tie’’ and inserting ‘‘crosstie’’. 

5 (8) Section 405 of the Rail Safety Improvement 

6 Act of 2008 (49 U.S.C. 20103 note), is amended— 

7 (A) in subsection (a), by striking ‘‘cell 

8 phones’’ and inserting ‘‘cellular telephones’’; and 

9 (B) in subsection (d)— 

10 (i) by striking ‘‘of Transportation’’; 

11 and 

12 (ii) by striking ‘‘cell phones’’ and in13 serting ‘‘cellular telephones’’. 

14 (9) Section 411(a) of the Rail Safety Improve15 ment Act of 2008 (49 U.S.C. 5103 note), is amend16 ed— 

17 (A) by striking ‘‘5101(a)’’ and inserting 

18 ‘‘5105(a)’’; and 

19 (B) by striking ‘‘5101(b)’’ and inserting 

20 ‘‘5105(b)’’. 

21 (10) Section 412 of the Rail Safety Improvement 

22 Act of 2008 (49 U.S.C. 20140 note), is amended by 

23 striking ‘‘of Transportation’’. 
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1 (11) Section 414(2) of the Rail Safety Improve2 ment Act of 2008 (49 U.S.C. 20103 note), is amend3 ed— 

4 (A) by striking ‘‘parts’’ and inserting ‘‘sec5 tions’’; and 

6 (B) by striking ‘‘part’’ and inserting ‘‘sec7 tion’’. 

8 (12) Section 416 of the Rail Safety Improvement 

9 Act of 2008 (49 U.S.C. 20107 note), is amended— 

10 (A) by striking ‘‘of Transportation’’; 

11 (B) in paragraphs (3) and (4), by striking 

12 ‘‘Federal Railroad Administration’’ and insert13 ing ‘‘Secretary’’; and 

14 (C) in paragraph (4), by striking ‘‘sub15 section’’ and inserting ‘‘section’’. 

16 (13) Section 417(c) of the Rail Safety Improve17 ment Act of 2008 (49 U.S.C. 20103 note), is amended 

18 by striking ‘‘each railroad’’ and inserting ‘‘each rail19 road carrier’’. 

20 (14) Section 503 of the Rail Safety Improvement 

21 Act of 2008 (49 U.S.C. 1139 note), is amended— 

22 (A) in subsection (a), by striking ‘‘rail acci23 dents’’ and inserting ‘‘rail passenger accidents’’; 

24 (B) in subsection (b)— 
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1 (i) by striking ‘‘passenger rail acci2 dents’’ and inserting ‘‘rail passenger acci3 dents’’; and 

4 (ii) by striking ‘‘passenger rail acci5 dent’’ each place it appears and inserting 

6 ‘‘rail passenger accidents’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(d) DEFINITIONS.—In this section, the terms ‘pas9 senger’, ‘rail passenger accident’, and ‘rail passenger car10 rier’ have the meanings given the terms in section 1139 of 

11 title 49, United States Code.’’ 

12 ‘‘(e) FUNDING.—Out of the funds appropriated pursu13 ant to section 20117(a)(1)(A) of title 49, United States 

14 Code, there shall be made available to the Secretary of 

15 Transportation $500,000 for fiscal year 2009 to carry out 

16 this section. Amounts made available pursuant to this sub17 section shall remain available until expended.’’. 

18 (b) PASSENGER RAIL INVESTMENT AND IMPROVEMENT

19 ACT OF 2008.— 

20 (1) Section 206(a) of the Passenger Rail Invest21 ment and Improvement Act of 2008 (49 U.S.C. 24101 

22 note), is amended by inserting ‘‘of this division’’ after 

23 ‘‘302’’. 
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1 (2) Section 211 of the Passenger Rail Investment 

2 and Improvement Act of 2008 (49 U.S.C. 24902 

3 note), is amended— 

4 (A) in subsection (d), by inserting ‘‘of this 

5 division’’ after ‘‘101(c)’’; and 

6 (B) in subsection (e), by inserting ‘‘of this 

7 division’’ after ‘‘101(d)’’. 

8 (c) TITLE 49 OF THE UNITED STATE CODE.— 

9 (1) Section 1139 is amended— 

10 (A) in subsection (a)(1), by striking ‘‘phone 

11 number’’ and inserting ‘‘telephone number’’; 

12 (B) in subsection (a)(2), by striking ‘‘post 

13 trauma’’ and inserting ‘‘post-trauma’’; 

14 (C) in subsections (h)(1)(A) and 

15 (h)(2)(A)— 

16 (i) by striking ‘‘interstate’’; and 

17 (ii) by striking ‘‘such term is’’; 

18 (D) in subsection (g)(1), by striking 

19 ‘‘board’’ in the heading and inserting ‘‘BOARD’’; 

20 (E) in subsections (h)(1)(B) and 

21 (h)(2)(B)— 

22 (i) by striking ‘‘interstate or intra23 state’’; and 

24 (ii) by striking ‘‘such term is’’; 

25 (F) in subsection (j)(1)— 
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1 (i) by striking ‘‘(other than subsection 

2 (g))’’ and inserting ‘‘(except for subsections 

3 (g) and (k))’’; and 

4 (ii) by striking ‘‘railroad passenger ac5 cident’’ and inserting ‘‘rail passenger acci6 dent’’; and 

7 (G) in subsection (j)(2), by striking ‘‘rail8 road passenger accident’’ and inserting ‘‘rail 

9 passenger accident’’. 

10 (2) Section 10909(b) is amended— 

11 (A) by striking ‘‘Railroad’’ and inserting 

12 ‘‘Railroads’’; and 

13 (B) in paragraph (2), by inserting a 

14 comma after ‘‘comment’’. 

15 (3) Section 20109 is amended— 

16 (A) in subsection (c)(1), by striking ‘‘the 

17 railroad shall promptly arrange’’ and inserting 

18 ‘‘the railroad carrier shall promptly arrange’’; 

19 (B) in subsection (d)(2)(A)(i), by striking 

20 ‘‘(d)’’ and inserting ‘‘paragraph’’ after ‘‘under’’; 

21 (C) in subsection (d)(2)(A)(iii), by inserting 

22 ‘‘section’’ after ‘‘set forth in’’; and 

23 (D) in subsection (d)(4)(i), by striking 

24 ‘‘must’’ and inserting ‘‘shall’’. 

25 (4) Section 20120(a) is amended— 
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1 (A) by striking ‘‘(a) IN GENERAL’’ and in2 serting ‘‘Not’’; 

3 (B) in paragraph (2)(G), by inserting 

4 ‘‘and’’ after the semicolon; 

5 (C) in paragraph (4), by striking ‘‘provide’’ 

6 and inserting ‘‘provides’’; 

7 (D) in paragraph (5)(B), by striking ‘‘Ad8 ministrative Hearing Officer or Administrative 

9 Law Judge’’ and inserting ‘‘administrative hear10 ing officer or administrative law judge’’; and 

11 (E) in paragraph (7), by striking ‘‘its’’ and 

12 inserting ‘‘the Secretary’s or the Federal Rail13 road Administrator’s’’. 

14 (5) Section 20151(d)(1) is amended by striking 

15 ‘‘to drive around a grade crossing gate’’ and inserting 

16 ‘‘to drive through, around, or under a grade crossing 

17 gate’’. 

18 (6) Section 20152(b) is amended by striking 

19 ‘‘rail carriers’’ and inserting ‘‘railroad carriers’’. 

20 (7) Section 20156 is amended— 

21 (A) in subsection (c), by inserting a comma 

22 after ‘‘In developing its railroad safety risk re23 duction program’’; and 

24 (B) in subsection (g)(1), by striking ‘‘non25 profit’’ and inserting ‘‘nonprofit’’. 
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1 (8) Section 20157(a)(1) is amended— 

2 (A) by striking ‘‘Class I railroad carrier’’ 

3 and inserting ‘‘Class I railroad’’; and 

4 (B) by striking ‘‘parts’’ and inserting ‘‘sec5 tions’’. 

6 (9) Section 20158(b)(3) is amended by striking 

7 ‘‘20156(e)(2)’’ and inserting ‘‘20156(e)’’. 

8 (10) Section 20159 is amended by inserting ‘‘of 

9 Transportation’’ after ‘‘the Secretary’’. 

10 (11) Section 20160 is amended— 

11 (A) in subsection (a)(1), by striking ‘‘or 

12 with respect to’’ and inserting ‘‘with respect to’’; 

13 (B) in subsection (b)(1), by striking ‘‘On a 

14 periodic basis beginning not’’ and inserting 

15 ‘‘Not’’; and 

16 (C) in subsection (b)(1)(A), by striking ‘‘or 

17 with respect to’’ and inserting ‘‘with respect to’’. 

18 (12) Section 20162(a)(3) is amended by striking 

19 ‘‘railroad compliance with Federal standards’’ and 

20 inserting ‘‘railroad carrier compliance with Federal 

21 standards’’. 

22 (13) Section 20164(a) is amended by striking 

23 ‘‘Railroad Safety Enhancement Act of 2008’’ and in24 serting ‘‘Rail Safety Improvement Act of 2008’’. 
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1 (14) Section 21102(c)(4) is amended by redesig2 nating subparagraphs (C) and (D) as subparagraphs 

3 (B) and (C), respectively. 

4 (15) Section 22106(b) is amended by striking 

5 ‘‘interest thereof’’ and inserting ‘‘interest thereon’’. 

6 (16) Section 24101(b) is amended by striking 

7 ‘‘subsection (d)’’ and inserting ‘‘subsection (c)’’. 

8 (17) Section 24316 is amended by striking sub9 section (g). 

10 (18) The item relating to section 24316 in the 

11 table of contents for chapter 243 is amended by strik12 ing ‘‘assist’’ and inserting ‘‘address needs of’’. 

13 (19) Section 24702(a) is amended by striking 

14 ‘‘not included in the national rail passenger transpor15 tation system’’. 

16 (20) Section 24706 is amended— 

17 (A) in subsection (a)(1), by striking ‘‘a dis18 continuance under section 24704 or or’’; 

19 (B) in subsection (a)(2), by striking ‘‘sec20 tion 24704 or’’; and 

21 (C) in subsection (b), by striking ‘‘section 

22 24704 or’’. 

23 (21) Section 24709 is amended by striking ‘‘The 

24 Secretary of the Treasury and the Attorney General,’’ 
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1 and inserting ‘‘The Secretary of Homeland Secu2 rity,’’. 

3 SEC. 35502. CONDEMNATION AUTHORITY. 

4 Section 24311(c) is amended— 

5 (1) in paragraph (1), by striking ‘‘Interstate 

6 Commerce Commission’’ and inserting ‘‘Surface 

7 Transportation Board’’; 

8 (2) in paragraph (2), by striking ‘‘Commis9 sion’s’’ and inserting ‘‘Board’s’’; and 

10 (3) by striking ‘‘Commission’’ each place it ap11 pears and inserting ‘‘Board’’. 

12 Subtitle F—Licensing and Insur13 ance Requirements for Pas14 senger Rail Carriers 

15 SEC. 35601. CERTIFICATION OF PASSENGER RAIL CAR16 RIERS. 

17 (a) Section 10901 is amended by adding at the end 

18 the following: 

19 ‘‘(e) Not later than 2 years after the date of enactment 

20 of the National Rail System Preservation, Expansion, and 

21 Development Act of 2012, the Board shall establish a certifi22 cation process to authorize a person to provide passenger 

23 rail transportation over a railroad line that is subject to 

24 the jurisdiction of the Board, except that such certification 

25 shall not be required for or apply to a freight railroad pro-
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1 viding or hosting passenger rail transportation over its own 

2 railroad line. 

3 ‘‘(f) After the certification process is established under 

4 subsection (e), no person may provide passenger rail trans5 portation over a railroad line subject to the jurisdiction of 

6 the Board unless the person is granted a certificate under 

7 subsection (e). 

8 ‘‘(g) The certification process under subsection (e) 

9 shall— 

10 ‘‘(1) permit a person to initiate a proceeding for 

11 a certificate by filing an application with the Board; 

12 and 

13 ‘‘(2) require the Board to provide reasonable 

14 public notice that a proceeding was initiated, includ15 ing notice to the Governor of any affected State, not 

16 later than 30 days after receipt of the application 

17 under paragraph (1). 

18 ‘‘(h) The Board may grant a certificate under sub19 section (e) if the Board determines after consultation with 

20 the Secretary of Transportation or the Secretary of Home21 land Security, as appropriate, that the applicant— 

22 ‘‘(1) has or will have in effect a voluntary agree23 ment with the infrastructure owner over which the 

24 passenger rail transportation will be provided or con-
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1 tractual or statutory authority that provides for ac2 cess to such infrastructure; 

3 ‘‘(2) demonstrates sufficient financial capacity 

4 and operating experience to provide passenger rail 

5 transportation; 

6 ‘‘(3) meets all applicable safety and security re7 quirements under the law; 

8 ‘‘(4) maintains a total minimum liability cov9 erage for claims through insurance and self-insurance 

10 of not less than the amount required by section 

11 28103(a)(2) per accident or incident; and 

12 ‘‘(5) complies with any additional requirements 

13 the Board determines are appropriate, including re14 porting requirements to ensure continued compliance 

15 with this section. 

16 ‘‘(i) A certificate granted under subsection (e) shall 

17 specify the person to provide or authorized to provide pas18 senger rail transportation, if different from the applicant. 

19 ‘‘(j) The Board may promulgate regulations— 

20 ‘‘(1) for determining the adequacy of liability in21 surance coverage, including self-insurance; and 

22 ‘‘(2) for suspending or canceling a certificate if 

23 the person to provide or authorized to provide pas24 senger rail transportation fails to comply with sub25 section (h). 
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1 ‘‘(k) This section shall not apply to tourist, historical, 

2 or excursion passenger rail transportation or other rail car3 rier that has already obtained construction or operating au4 thority from the Board.’’. 

5 (b) Section 24301(c) is amended by adding 

6 ‘‘10901(e),’’ after ‘‘sections’’ in the first sentence. 

7 (c) Section 10501(c)(3)(A) is amended— 

8 (1) in clause (ii), by striking ‘‘and’’; 

9 (2) in clause (iii), by striking the period at the 

10 end and inserting ‘‘ ; and’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(iv) section 10901(e).’’. 

13 (d) Section 14901 is amended— 

14 (1) by redesignating subsections (f) and (g) as 

15 subsections (g) and (h), respectively; 

16 (2) by inserting after subsection (e) the following: 

17 ‘‘(f) CERTIFICATION REQUIRED.—A person shall be 

18 subject to a penalty of $300 for each passenger transported 

19 if the person— 

20 ‘‘(1) provides passenger rail transportation sub21 ject to jurisdiction under section 10501(a); and 

22 ‘‘(2) does not hold a certificate required under 

23 section 10901(e).’’; and 

24 (3) in subsection (g), as redesignated, by striking 

25 ‘‘through (e)’’ and inserting ‘‘through (f)’’. 
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1 (e) Section 10502(g) is amended to read as follows: 

2 ‘‘(g) The Board may not exercise its authority under 

3 this section to relieve a rail carrier of its obligation to pro4 tect the interests of employees as required by this part, or 

5 of the requirements of section 10901(g).’’. 

6 TITLE VI—SPORT FISH RESTORA7 TION AND RECREATIONAL 

8 BOATING SAFETY ACT OF 2012 

9 SEC. 36001. SHORT TITLE. 

10 This title may be cited as the ‘‘Sport Fish Restoration 

11 and Recreational Boating Safety Act of 2012’’. 

12 SEC. 36002. AMENDMENT OF FEDERAL AID IN SPORT FISH 

13 RESTORATION ACT. 

14 Section 4 of the Federal Aid in Fish Restoration Act 

15 (16 U.S.C. 777c) is amended— 

16 (1) in subsection (a), by striking ‘‘of fiscal years 

17 2006 through 2011 and for the period beginning on 

18 October 1, 2011, and ending on March 31, 2012,’’ and 

19 inserting ‘‘fiscal year through 2013,’’; and 

20 (2) in subsection (b)(1)(A), by striking ‘‘of fiscal 

21 years 2006 through 2011 and for the period beginning 

22 on October 1, 2011, and ending on March 31, 2012,’’ 

23 and inserting ‘‘fiscal year through 2013,’’. 
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1 TITLE VII—MISCELLANEOUS 

2 SEC. 37001. AIRCRAFT NOISE ABATEMENT. 

3 (a) IN GENERAL.—Section 3(b)(2) of Public Law 100– 

4 91 (16 U.S.C. 1a–1 note) is amended by adding at the end 

5 the following: ‘‘The plan shall not apply to or otherwise af6 fect the regulation of flights over the Grand Canyon at alti7 tudes above the Special Flight Rules Area for the Grand 

8 Canyon in effect as of the date of the enactment of the MAP– 

9 21, or as subsequently modified by mutual agreement of the 

10 Secretary and the Administrator.’’. 

11 (b) SAVINGS PROVISIONS.— 

12 (1) JURISDICTION OF NATIONAL AIRSPACE.— 

13 None of the recommendations required under section 

14 3(b)(1) of Public Law 100–91 (16 U.S.C. 1a–1 note), 

15 including recommendations to raise the flight-free 

16 zone altitude ceilings, shall adversely affect the na17 tional airspace system, as determined by the Admin18 istrator of the Federal Aviation Administration. If 

19 the Administrator determines that implementing the 

20 recommendations would adversely affect the national 

21 airspace system, the Administrator shall consult with 

22 the Secretary of the Interior to eliminate the adverse 

23 effects. 

24 (2) EFFECT OF NEPA DETERMINATIONS.—None 

25 of the environmental thresholds, analyses, impact de-
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1 terminations, or conditions prepared or used by the 

2 Secretary to develop recommendations regarding the 

3 substantial restoration of natural quiet and experi4 ence for the Grand Canyon National Park required 

5 under section 3(b)(1) of Public Law 100–91 shall 

6 have broader application or be given deference with 

7 respect to the Administrator’s compliance with the 

8 National Environmental Policy Act for proposed 

9 aviation actions and decisions. Nothing in this sec10 tion may be construed to limit the ability of the Na11 tional Park Service to use its own methods of analysis 

12 and impact determinations for air tour management 

13 planning within its purview under the National 

14 Parks Air Tour Management Act of 2000 (title VIII 

15 of Public Law 106–181). 

16 (c) CONVERSION TO QUIET TECHNOLOGY AIRCRAFT.— 

17 (1) IN GENERAL.—Not later than 15 years after 

18 the date of the enactment of this Act, all commercial 

19 air tour aircraft operating in the Grand Canyon Na20 tional Park Special Flight Rules Area shall be re21 quired to fully convert to quiet aircraft technology (as 

22 determined in accordance with regulations in effect 

23 on the day before the date of the enactment of this 

24 Act). 
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1 (2) CONVERSION INCENTIVES.—Not later than 60 

2 days after the date of the enactment of this Act, the 

3 Secretary and the Administrator of the Federal Avia4 tion Administration shall provide incentives for com5 mercial air tour operators that convert to quiet air6 craft technology (as determined in accordance with 

7 the regulations in effect on the day before the date of 

8 the enactment of this Act) before the date specified in 

9 paragraph (1), such as increasing the flight alloca10 tions for such operators on a net basis consistent with 

11 section 804(c) of the National Park Air Tours Man12 agement Act of 2000 (title VIII of Public Law 106– 

13 181), provided that the cumulative impact of such op14 erations does not increase noise at Grand Canyon Na15 tional Park. 

16 DIVISION D—FINANCE 

17 SEC. 40001. SHORT TITLE. 

18 This division may be cited as the ‘‘Highway Invest19 ment, Job Creation, and Economic Growth Act of 2012’’. 
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1 TITLE I—EXTENSION OF HIGH2 WAY TRUST FUND EXPENDI3 TURE AUTHORITY AND RE4 LATED TAXES 

5 SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AU6 THORITY. 

7 (a) HIGHWAY TRUST FUND.—Section 9503 of the In8 ternal Revenue Code of 1986 is amended— 

9 (1) by striking ‘‘April 1, 2012’’ in subsections 

10 (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 1, 

11 2013’’; and 

12 (2) by striking ‘‘Surface Transportation Exten13 sion Act of 2011, Part II’’ in subsections (c)(1) and 

14 (e)(3) and inserting ‘‘Moving Ahead for Progress in 

15 the 21st Century Act’’. 

16 (b) SPORT FISH RESTORATION AND BOATING TRUST

17 FUND.—Section 9504 of the Internal Revenue Code of 1986 

18 is amended— 

19 (1) by striking ‘‘Surface Transportation Exten20 sion Act of 2011, Part II’’ each place it appears in 

21 subsection (b)(2) and inserting ‘‘Moving Ahead for 

22 Progress in the 21st Century Act’’; and 

23 (2) by striking ‘‘April 1, 2012’’ in subsection 

24 (d)(2) and inserting ‘‘October 1, 2013’’. 
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1 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

2 FUND.—Paragraph (2) of section 9508(e) of the Internal 

3 Revenue Code of 1986 is amended by striking ‘‘April 1, 

4 2012’’ and inserting ‘‘October 1, 2013’’. 

5 (d) ESTABLISHMENT OF SOLVENCY ACCOUNT.—Sec6 tion 9503 of the Internal Revenue Code of 1986 is amended 

7 by adding at the end the following new subsection: 

8 ‘‘(g) ESTABLISHMENT OF SOLVENCY ACCOUNT.— 

9 ‘‘(1) CREATION OF ACCOUNT.—There is estab10 lished in the Highway Trust Fund a separate account 

11 to be known as the ‘Solvency Account’ consisting of 

12 such amounts as may be transferred or credited to the 

13 Solvency Account as provided in this section or sec14 tion 9602(b). 

15 ‘‘(2) TRANSFERS TO SOLVENCY ACCOUNT.—The 

16 Secretary of the Treasury shall transfer to the Sol17 vency Account the excess of— 

18 ‘‘(A) any amount appropriated to the High19 way Trust Fund before October 1, 2013, by rea20 son of the provisions of, and amendments made 

21 by, the Highway Investment, Job Creation, and 

22 Economic Growth Act of 2012, over 

23 ‘‘(B) the amount necessary to meet the re24 quired expenditures from the Highway Trust 
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1 Fund under subsection (c) for the period ending 

2 before October 1, 2013. 

3 ‘‘(3) EXPENDITURES FROM ACCOUNT.—Amounts 

4 in the Solvency Account shall be available for trans5 fers to the Highway Account (as defined in subsection 

6 (e)(5)(B)) and the Mass Transit Account in such 

7 amounts as determined necessary by the Secretary to 

8 ensure that each account has a surplus balance of 

9 $2,800,000,000 on September 30, 2013. 

10 ‘‘(4) TERMINATION OF ACCOUNT.—The Solvency 

11 Account shall terminate on September 30, 2013, and 

12 the Secretary shall transfer any remaining balance in 

13 the Account on such date to the Highway Trust 

14 Fund.’’. 

15 (e) EFFECTIVE DATE.—The amendments made by this 

16 section shall take effect on April 1, 2012. 

17 SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES. 

18 (a) IN GENERAL.— 

19 (1) Each of the following provisions of the Inter20 nal Revenue Code of 1986 is amended by striking 

21 ‘‘March 31, 2012’’ and inserting ‘‘September 30, 

22 2015’’: 

23 (A) Section 4041(a)(1)(C)(iii)(I). 

24 (B) Section 4041(m)(1)(B). 

25 (C) Section 4081(d)(1). 
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1 (2) Each of the following provisions of such Code 

2 is amended by striking ‘‘April 1, 2012’’ and inserting 

3 ‘‘October 1, 2015’’: 

4 (A) Section 4041(m)(1)(A). 

5 (B) Section 4051(c). 

6 (C) Section 4071(d). 

7 (D) Section 4081(d)(3). 

8 (b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN

9 HEAVY VEHICLES.—Each of the following provisions of the 

10 Internal Revenue Code of 1986 is amended by striking 

11 ‘‘2012’’ and inserting ‘‘2015’’: 

12 (1) Section 4481(f). 

13 (2) Subsections (c)(4) and (d) of section 4482. 

14 (c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) of 

15 the Internal Revenue Code of 1986 is amended— 

16 (1) by striking ‘‘April 1, 2012’’ each place it ap17 pears and inserting ‘‘October 1, 2015’’; 

18 (2) by striking ‘‘September 30, 2012’’ each place 

19 it appears and inserting ‘‘March 31, 2016’’; and 

20 (3) by striking ‘‘July 1, 2012’’ and inserting 

21 ‘‘January 1, 2016’’. 

22 (d) EXTENSION OF CERTAIN EXEMPTIONS.—Sections 

23 4221(a) and 4483(i) of the Internal Revenue Code of 1986 

24 are each amended by striking ‘‘April 1, 2012’’ and inserting 

25 ‘‘October 1, 2015’’. 
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1 (e) EXTENSION OF TRANSFERS OF CERTAIN TAXES.— 

2 (1) IN GENERAL.—Section 9503 of the Internal 

3 Revenue Code of 1986 is amended— 

4 (A) in subsection (b)— 

5 (i) by striking ‘‘April 1, 2012’’ each 

6 place it appears in paragraphs (1) and (2) 

7 and inserting ‘‘October 1, 2015’’; 

8 (ii) by striking ‘‘APRIL 1, 2012’’ in the 

9 heading of paragraph (2) and inserting 

10 ‘‘OCTOBER 1, 2015’’; 

11 (iii) by striking ‘‘March 31, 2012’’ in 

12 paragraph (2) and inserting ‘‘September 

13 30, 2015’’; and 

14 (iv) by striking ‘‘January 1, 2013’’ in 

15 paragraph (2) and inserting ‘‘July 1, 

16 2016’’; and 

17 (B) in subsection (c)(2), by striking ‘‘Janu18 ary 1, 2013’’ and inserting ‘‘July 1, 2016’’. 

19 (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX

20 TRANSFERS.— 

21 (A) IN GENERAL.—Paragraphs (3)(A)(i) 

22 and (4)(A) of section 9503(c) of such Code are 

23 each amended by striking ‘‘April 1, 2012’’ and 

24 inserting ‘‘October 1, 2015’’. 
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1 (B) CONFORMING AMENDMENTS TO LAND

2 AND WATER CONSERVATION FUND.—Section 

3 201(b) of the Land and Water Conservation 

4 Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 

5 amended— 

6 (i) by striking ‘‘April 1, 2013’’ each 

7 place it appears and inserting ‘‘October 1, 

8 2016’’; and 

9 (ii) by striking ‘‘April 1, 2012’’ and 

10 inserting ‘‘October 1, 2015’’. 

11 (f) EFFECTIVE DATE.—The amendments made by this 

12 section shall take effect on April 1, 2012. 

13 TITLE II—OTHER PROVISIONS 

14 SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EX15 CEPTION TO TAX-EXEMPT INTEREST EX16 PENSE ALLOCATION RULES FOR FINANCIAL 

17 INSTITUTIONS. 

18 (a) IN GENERAL.—Subparagraph (G) of section 

19 265(b)(3) of the Internal Revenue Code of 1986 is amend20 ed— 

21 (1) by striking ‘‘2009 or 2010’’ each place it ap22 pears in clauses (i), (ii), and (iii) and inserting 

23 ‘‘2009, 2010, or the period beginning after June 30, 

24 2012, and before July 1, 2013’’, and 
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1 (2) by striking ‘‘2009 AND 2010’’ in the heading 

2 and inserting ‘‘2009, 2010, 2012, AND 2013’’. 

3 (b) EFFECTIVE DATE.—The amendments made by this 

4 section shall apply to obligations issued after June 30, 

5 2012. 

6 SEC. 40202. TEMPORARY MODIFICATION OF ALTERNATIVE 

7 MINIMUM TAX LIMITATIONS ON TAX-EXEMPT 

8 BONDS. 

9 (a) INTEREST ON PRIVATE ACTIVITY BONDS NOT

10 TREATED AS TAX PREFERENCE ITEMS.—Clause (vi) of sec11 tion 57(a)(5)(C) of the Internal Revenue Code of 1986 is 

12 amended— 

13 (1) in subclause (I) by inserting ‘‘, or after the 

14 date of enactment of the Highway Investment, Job 

15 Creation, and Economic Growth Act of 2012 and be16 fore January 1, 2013’’ after ‘‘January 1, 2011’’; 

17 (2) in subclause (III) by inserting ‘‘before Janu18 ary 1, 2011’’ after ‘‘which is issued’’; and 

19 (3) by striking ‘‘AND 2010’’ in the heading and 

20 inserting ‘‘, 2010, AND PORTIONS OF 2012’’. 

21 (b) NO ADJUSTMENT TO ADJUSTED CURRENT EARN22 INGS.—Clause (iv) of section 56(g)(4)(B) of the Internal 

23 Revenue Code of 1986 is amended— 

24 (1) in subclause (I) by inserting ‘‘, or after the 

25 date of enactment of the Highway Investment, Job 
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1 Creation, and Economic Growth Act of 2012 and be2 fore January 1, 2013’’ after ‘‘January 1, 2011’’; 

3 (2) in subclause (III) by inserting ‘‘before Janu4 ary 1, 2011’’ after ‘‘which is issued’’; and 

5 (3) by striking ‘‘AND 2010’’ in the heading and 

6 inserting ‘‘, 2010, AND PORTIONS OF 2012’’. 

7 (c) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply to obligations issued after the date of 

9 enactment of this Act. 

10 SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE INFRA11 STRUCTURE BANKS. 

12 Section 610(d) of title 23, United States Code, is 

13 amended— 

14 (1) by redesignating paragraphs (4), (5), and (6) 

15 as paragraphs (5), (6), and (7), respectively, 

16 (2) by inserting after paragraph (3) the fol17 lowing new paragraph: 

18 ‘‘(4) TRIP BOND ACCOUNT.— 

19 ‘‘(A) IN GENERAL.—A State, through a 

20 State infrastructure bank, may issue TRIP 

21 bonds and deposit proceeds from such issuance 

22 into the TRIP bond account of the bank. 

23 ‘‘(B) TRIP BOND.—For purposes of this 

24 section, the term ‘TRIP bond’ means any bond 

25 issued as part of an issue if— 
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1 ‘‘(i) 100 percent of the available project 

2 proceeds of such issue are to be used for ex3 penditures incurred after the date of the en4 actment of this paragraph for 1 or more 

5 qualified projects pursuant to an allocation 

6 of such proceeds to such project or projects 

7 by a State infrastructure bank, 

8 ‘‘(ii) the bond is issued by a State in9 frastructure bank and is in registered form 

10 (within the meaning of section 149(a) of the 

11 Internal Revenue Code of 1986), 

12 ‘‘(iii) the State infrastructure bank 

13 designates such bond for purposes of this 

14 section, and 

15 ‘‘(iv) the term of each bond which is 

16 part of such issue does not exceed 30 years. 

17 ‘‘(C) QUALIFIED PROJECT.—For purposes of 

18 this subparagraph, the term ‘qualified project’ 

19 means the capital improvements to any trans20 portation infrastructure project of any govern21 mental unit or other person, including roads, 

22 bridges, rail and transit systems, ports, and in23 land waterways proposed and approved by a 

24 State infrastructure bank, but does not include 
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1 costs of operations or maintenance with respect 

2 to such project.’’, 

3 (3) by adding at the end of paragraph (5), as re4 designated by paragraph (1), the following new sub5 paragraph: 

6 ‘‘(D) TRIP BOND ACCOUNT.—Funds depos7 ited into the TRIP bond account shall constitute 

8 for purposes of this section a capitalization 

9 grant for the TRIP bond account of the bank.’’, 

10 and 

11 (4) by adding at the end the following new para12 graph: 

13 ‘‘(8) SPECIAL RULES FOR TRIP BOND ACCOUNT

14 FUNDS.— 

15 ‘‘(A) IN GENERAL.—The State shall develop 

16 a transparent competitive process for the award 

17 of funds deposited into the TRIP bond account 

18 that considers the impact of qualified projects on 

19 the economy, the environment, state of good re20 pair, and equity. 

21 ‘‘(B) APPLICABILITY OF FEDERAL LAW.— 

22 The requirements of any Federal law, including 

23 this title and titles 40 and 49, which would oth24 erwise apply to projects to which the United 

25 States is a party or to funds made available 
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1 under such law and projects assisted with those 

2 funds shall apply to— 

3 ‘‘(i) funds made available under the 

4 TRIP bond account for similar qualified 

5 projects, and 

6 ‘‘(ii) similar qualified projects assisted 

7 through the use of such funds.’’. 

8 SEC. 40204. EXTENSION OF PARITY FOR EXCLUSION FROM 

9 INCOME FOR EMPLOYER-PROVIDED MASS 

10 TRANSIT AND PARKING BENEFITS. 

11 (a) IN GENERAL.—Paragraph (2) of section 132(f) of 

12 the Internal Revenue Code of 1986 is amended by striking 

13 ‘‘January 1, 2012’’ and inserting ‘‘January 1, 2013’’. 

14 (b) EFFECTIVE DATE.—The amendment made by this 

15 section shall apply to months after December 31, 2011. 

16 SEC. 40205. EXEMPT-FACILITY BONDS FOR SEWAGE AND 

17 WATER SUPPLY FACILITIES. 

18 (a) BONDS FOR WATER AND SEWAGE FACILITIES

19 TEMPORARILY EXEMPT FROM VOLUME CAP ON PRIVATE

20 ACTIVITY BONDS.—Subsection (g) of section 146 of the In21 ternal Revenue Code of 1986 is amended— 

22 (1) by striking ‘‘and’’ at the end of paragraph 

23 (3), 

24 (2) by striking the period at the end of para25 graph (4) and inserting ‘‘, and’’, and 
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† HR 4348 EAS 

1 (3) by inserting after paragraph (4) the fol2 lowing new paragraph: 

3 ‘‘(5) any exempt facility bonds issued before Jan4 uary 1, 2018, as part of an issue described in para5 graph (4) or (5) of section 142(a).’’. 

6 (b) CONFORMING CHANGE.—Paragraphs (2) and 

7 (3)(B) of section 146(k) of the Internal Revenue Code of 

8 1986 are both amended by striking ‘‘paragraph (4), (5), (6), 

9 or (10) of section 142(a)’’ and inserting ‘‘paragraph (4) or 

10 (5) of section 142(a) with respect to bonds issued after De11 cember 31, 2017, or paragraph (6) or (10) of section 

12 142(a)’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall apply to obligations issued after the date of 

15 the enactment of this Act. 

16 TITLE III—REVENUE 

17 PROVISIONS 

18 SEC. 40301. TRANSFER FROM LEAKING UNDERGROUND 

19 STORAGE TANK TRUST FUND TO HIGHWAY 

20 TRUST FUND. 

21 (a) IN GENERAL.—Subsection (c) of section 9508 of 

22 the Internal Revenue Code of 1986 is amended— 

23 (1) by striking ‘‘Amounts’’ and inserting: 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), amounts’’, and 
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† HR 4348 EAS 

1 (2) by adding at the end the following new para2 graph: 

3 ‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.—Out 

4 of amounts in the Leaking Underground Storage 

5 Tank Trust Fund there is hereby appropriated 

6 $3,000,000,000 to be transferred under section 

7 9503(f)(3) to the Highway Trust Fund.’’. 

8 (b) TRANSFER TO HIGHWAY TRUST FUND.— 

9 (1) IN GENERAL.—Subsection (f) of section 9503 

10 of the Internal Revenue Code of 1986 is amended by 

11 inserting after paragraph (2) the following new para12 graph: 

13 ‘‘(3) INCREASE IN FUND BALANCE.—There is 

14 hereby transferred to the Highway Trust Fund 

15 amounts appropriated from the Leaking Underground 

16 Storage Tank Trust Fund under section 9508(c)(2).’’. 

17 (2) CONFORMING AMENDMENTS.—Paragraph (4) 

18 of section 9503(f) of such Code is amended— 

19 (A) by inserting ‘‘or transferred’’ after ‘‘ap20 propriated’’, and 

21 (B) by striking ‘‘APPROPRIATED’’ in the 

22 heading thereof. 
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1 SEC. 40302. PORTION OF LEAKING UNDERGROUND STOR2 AGE TANK TRUST FUND FINANCING RATE 

3 TRANSFERRED TO HIGHWAY TRUST FUND. 

4 (a) IN GENERAL.—Subsection (b) of section 9503 of 

5 the Internal Revenue Code of 1986 is amended by inserting 

6 after paragraph (2) the following new paragraph: 

7 ‘‘(3) PORTION OF LEAKING UNDERGROUND STOR8 AGE TANK TRUST FUND FINANCING RATE.—There are 

9 hereby appropriated to the Highway Trust Fund 

10 amounts equivalent to one-third of the taxes received 

11 in the Treasury under— 

12 ‘‘(A) section 4041(d) (relating to additional 

13 taxes on motor fuels), 

14 ‘‘(B) section 4081 (relating to tax on gaso15 line, diesel fuel, and kerosene) to the extent at16 tributable to the Leaking Underground Storage 

17 Tank Trust Fund financing rate under such sec18 tion, and 

19 ‘‘(C) section 4042 (relating to tax on fuel 

20 used in commercial transportation on inland 

21 waterways) to the extent attributable to the 

22 Leaking Underground Storage Tank Trust Fund 

23 financing rate under such section. 

24 For purposes of this paragraph, there shall not be 

25 taken into account the taxes imposed by sections 4041 
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1 and 4081 on diesel fuel sold for use or used as fuel 

2 in a diesel-powered boat.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Paragraphs (1), (2), and (3) of section 

5 9508(b) of the Internal Revenue Code of 1986 are 

6 each amended by inserting ‘‘two-thirds of the’’ before 

7 ‘‘taxes’’. 

8 (2) Paragraph (4) of section 9503(b) of such 

9 Code is amended by striking subparagraphs (A) and 

10 (B) and by redesignating subparagraphs (C) and (D) 

11 as subparagraphs (A) and (B), respectively. 

12 (c) EFFECTIVE DATE.—The amendments made by this 

13 section shall apply to taxes received after the date of the 

14 enactment of this Act. 

15 SEC. 40303. TRANSFER OF GAS GUZZLER TAXES TO HIGH16 WAY TRUST FUND. 

17 (a) IN GENERAL.—Paragraph (1) of section 9503(b) 

18 of the Internal Revenue Code of 1986 is amended by redesig19 nating subparagraphs (C), (D), and (E) as subparagraphs 

20 (D), (E), and (F), respectively, and by inserting after sub21 paragraph (B) the following new subparagraph: 

22 ‘‘(B) section 4064 (relating to gas guzzler 

23 tax),’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to taxes received after the date of the 

3 enactment of this Act. 

4 SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE 

5 OF CERTAIN UNPAID TAXES. 

6 (a) IN GENERAL.—Subchapter D of chapter 75 of the 

7 Internal Revenue Code of 1986 is amended by adding at 

8 the end the following new section: 

9 ‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE 

10 OF CERTAIN TAX DELINQUENCIES. 

11 ‘‘(a) IN GENERAL.—If the Secretary receives certifi12 cation by the Commissioner of Internal Revenue that any 

13 individual has a seriously delinquent tax debt in an 

14 amount in excess of $50,000, the Secretary shall transmit 

15 such certification to the Secretary of State for action with 

16 respect to denial, revocation, or limitation of a passport 

17 pursuant to section 4 of the Act entitled ‘An Act to regulate 

18 the issue and validity of passports, and for other purposes’, 

19 approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly 

20 known as the ‘Passport Act of 1926’. 

21 ‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.—For pur22 poses of this section, the term ‘seriously delinquent tax debt’ 

23 means an outstanding debt under this title for which a no24 tice of lien has been filed in public records pursuant to sec-
1419 

† HR 4348 EAS 

1 tion 6323 or a notice of levy has been filed pursuant to 

2 section 6331, except that such term does not include— 

3 ‘‘(1) a debt that is being paid in a timely man4 ner pursuant to an agreement under section 6159 or 

5 7122, and 

6 ‘‘(2) a debt with respect to which collection is 

7 suspended because a collection due process hearing 

8 under section 6330, or relief under subsection (b), (c), 

9 or (f) of section 6015, is requested or pending. 

10 ‘‘(c) ADJUSTMENT FOR INFLATION.—In the case of a 

11 calendar year beginning after 2012, the dollar amount in 

12 subsection (a) shall be increased by an amount equal to— 

13 ‘‘(1) such dollar amount, multiplied by 

14 ‘‘(2) the cost-of-living adjustment determined 

15 under section 1(f)(3) for the calendar year, deter16 mined by substituting ‘calendar year 2011’ for ‘cal17 endar year 1992’ in subparagraph (B) thereof. 

18 If any amount as adjusted under the preceding sentence is 

19 not a multiple of $1,000, such amount shall be rounded to 

20 the next highest multiple of $1,000.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections for 

22 subchapter D of chapter 75 of the Internal Revenue Code 

23 of 1986 is amended by adding at the end the following new 

24 item: 

‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.’’. 
1420 

† HR 4348 EAS 

1 (c) AUTHORITY FOR INFORMATION SHARING.— 

2 (1) IN GENERAL.—Subsection (l) of section 6103 

3 of the Internal Revenue Code of 1986 is amended by 

4 adding at the end the following new paragraph: 

5 ‘‘(23) DISCLOSURE OF RETURN INFORMATION TO

6 DEPARTMENT OF STATE FOR PURPOSES OF PASSPORT

7 REVOCATION UNDER SECTION 7345.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall, 

9 upon receiving a certification described in sec10 tion 7345, disclose to the Secretary of State re11 turn information with respect to a taxpayer who 

12 has a seriously delinquent tax debt described in 

13 such section. Such return information shall be 

14 limited to— 

15 ‘‘(i) the taxpayer identity information 

16 with respect to such taxpayer, and 

17 ‘‘(ii) the amount of such seriously de18 linquent tax debt. 

19 ‘‘(B) RESTRICTION ON DISCLOSURE.—Re20 turn information disclosed under subparagraph 

21 (A) may be used by officers and employees of the 

22 Department of State for the purposes of, and to 

23 the extent necessary in, carrying out the require24 ments of section 4 of the Act entitled ‘An Act to 

25 regulate the issue and validity of passports, and 
1421 

† HR 4348 EAS 

1 for other purposes’, approved July 3, 1926 (22 

2 U.S.C. 211a et seq.), commonly known as the 

3 ‘Passport Act of 1926’.’’. 

4 (2) CONFORMING AMENDMENT.—Paragraph (4) 

5 of section 6103(p) of such Code is amended by strik6 ing ‘‘or (22)’’ each place it appears in subparagraph 

7 (F)(ii) and in the matter preceding subparagraph (A) 

8 and inserting ‘‘(22), or (23)’’. 

9 (d) REVOCATION AUTHORIZATION.—The Act entitled 

10 ‘‘An Act to regulate the issue and validity of passports, and 

11 for other purposes’’, approved July 3, 1926 (22 U.S.C. 211a 

12 et seq.), commonly known as the ‘‘Passport Act of 1926’’, 

13 is amended by adding at the end the following: 

14 ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT. 

15 ‘‘(a) INELIGIBILITY.— 

16 ‘‘(1) ISSUANCE.—Except as provided under sub17 section (b), upon receiving a certification described in 

18 section 7345 of the Internal Revenue Code of 1986 

19 from the Secretary of the Treasury, the Secretary of 

20 State may not issue a passport or passport card to 

21 any individual who has a seriously delinquent tax 

22 debt described in such section. 

23 ‘‘(2) REVOCATION.—The Secretary of State shall 

24 revoke a passport or passport card previously issued 

25 to any individual described in subparagraph (A). 
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† HR 4348 EAS 

1 ‘‘(b) EXCEPTIONS.— 

2 ‘‘(1) EMERGENCY AND HUMANITARIAN SITUA3 TIONS.—Notwithstanding subsection (a), the Sec4 retary of State may issue a passport or passport 

5 card, in emergency circumstances or for humani6 tarian reasons, to an individual described in sub7 section (a)(1). 

8 ‘‘(2) LIMITATION FOR RETURN TO UNITED

9 STATES.—Notwithstanding subsection (a)(2), the Sec10 retary of State, before revocation, may— 

11 ‘‘(A) limit a previously issued passport or 

12 passport card only for return travel to the 

13 United States; or 

14 ‘‘(B) issue a limited passport or passport 

15 card that only permits return travel to the 

16 United States.’’. 

17 (e) EFFECTIVE DATE.—The amendments made by this 

18 section shall take effect on January 1, 2013. 

19 SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON PAYMENTS 

20 TO MEDICARE PROVIDERS AND SUPPLIERS. 

21 (a) IN GENERAL.—Paragraph (3) of section 6331(h) 

22 of the Internal Revenue Code of 1986 is amended by strik23 ing the period at the end and inserting ‘‘, or to a Medicare 

24 provider or supplier under title XVIII of the Social Secu25 rity Act.’’. 
1423 

† HR 4348 EAS 

1 (b) EFFECTIVE DATE.—The amendment made by this 

2 section shall apply to payments made after the date of the 

3 enactment of this Act. 

4 SEC. 40306. TRANSFER OF AMOUNTS ATTRIBUTABLE TO 

5 CERTAIN DUTIES ON IMPORTED VEHICLES 

6 INTO THE HIGHWAY TRUST FUND. 

7 Section 9503(b) of the Internal Revenue Code of 1986, 

8 as amended by this Act, is amended by adding at the end 

9 the following new paragraph: 

10 ‘‘(8) CERTAIN DUTIES ON IMPORTED VEHI11 CLES.—There are hereby appropriated to the High12 way Trust Fund amounts equivalent to the amounts 

13 received in the Treasury that are attributable to du14 ties collected on or after October 1, 2011, and before 

15 October 1, 2016, on articles classified under sub16 heading 8703.22.00 or 8703.24.00 of the Harmonized 

17 Tariff Schedule of the United States.’’. 

18 SEC. 40307. TREATMENT OF SECURITIES OF A CONTROLLED 

19 CORPORATION EXCHANGED FOR ASSETS IN 

20 CERTAIN REORGANIZATIONS. 

21 (a) IN GENERAL.—Section 361 of the Internal Revenue 

22 Code of 1986 is amended by adding at the end the following 

23 new subsection: 

24 ‘‘(d) SPECIAL RULES FOR TRANSACTIONS INVOLVING

25 SECTION 355 DISTRIBUTIONS.—In the case of a reorganiza-
1424 

† HR 4348 EAS 

1 tion described in section 368(a)(1)(D) with respect to which 

2 stock or securities of the corporation to which the assets are 

3 transferred are distributed in a transaction which qualifies 

4 under section 355— 

5 ‘‘(1) this section shall be applied by substituting 

6 ‘stock other than nonqualified preferred stock (as de7 fined in section 351(g)(2))’ for ‘stock or securities’ in 

8 subsections (a) and (b)(1), and 

9 ‘‘(2) the first sentence of subsection (b)(3) shall 

10 apply only to the extent that the sum of the money 

11 and the fair market value of the other property trans12 ferred to such creditors does not exceed the adjusted 

13 bases of such assets transferred (reduced by the 

14 amount of the liabilities assumed (within the mean15 ing of section 357(c))).’’. 

16 (b) CONFORMING AMENDMENT.—Paragraph (3) of sec17 tion 361(b) is amended by striking the last sentence. 

18 (c) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the amendments made by this section shall 

21 apply to exchanges after the date of the enactment of 

22 this Act. 

23 (2) TRANSITION RULE.—The amendments made 

24 by this section shall not apply to any exchange pursu25 ant to a transaction which is— 
1425 

† HR 4348 EAS 

1 (A) made pursuant to a written agreement 

2 which was binding on February 6, 2012, and at 

3 all times thereafter; 

4 (B) described in a ruling request submitted 

5 to the Internal Revenue Service on or before Feb6 ruary 6, 2012; or 

7 (C) described on or before February 6, 2012, 

8 in a public announcement or in a filing with the 

9 Securities and Exchange Commission. 

10 SEC. 40308. INTERNAL REVENUE SERVICE LEVIES AND 

11 THRIFT SAVINGS PLAN ACCOUNTS. 

12 Section 8437(e)(3) of title 5, United States Code, is 

13 amended by inserting ‘‘, the enforcement of a Federal tax 

14 levy as provided in section 6331 of the Internal Revenue 

15 Code of 1986,’’ after ‘‘(42 U.S.C. 659)’’. 

16 SEC. 40309. DEPRECIATION AND AMORTIZATION RULES FOR 

17 HIGHWAY AND RELATED PROPERTY SUBJECT 

18 TO LONG-TERM LEASES. 

19 (a) ACCELERATED COST RECOVERY.— 

20 (1) IN GENERAL.—Section 168(g)(1) of the Inter21 nal Revenue Code of 1986 is amended by striking 

22 ‘‘and’’ at the end of subparagraph (D), by redesig23 nating subparagraph (E) as subparagraph (F), and 

24 by inserting after subparagraph (D) the following 

25 new subparagraph: 
1426 

† HR 4348 EAS 

1 ‘‘(E) any applicable leased highway prop2 erty,’’. 

3 (2) RECOVERY PERIOD.—The table contained in 

4 subparagraph (C) of section 168(g)(2) of such Code is 

5 amended by redesignating clause (iv) as clause (v) 

6 and by inserting after clause (iii) the following new 

7 clause: 

‘‘(iv) Applicable leased highway property ............ 45 years.’’. 

8 (3) APPLICABLE LEASED HIGHWAY PROPERTY

9 DEFINED.— 

10 (A) IN GENERAL.—Section 168(g) of such 

11 Code is amended by redesignating paragraph (7) 

12 as paragraph (8) and by inserting after para13 graph (6) the following new paragraph: 

14 ‘‘(7) APPLICABLE LEASED HIGHWAY PROP15 ERTY.—For purposes of paragraph (1)(E)— 

16 ‘‘(A) IN GENERAL.—The term ‘applicable 

17 leased highway property’ means property to 

18 which this section otherwise applies which— 

19 ‘‘(i) is subject to an applicable lease, 

20 and 

21 ‘‘(ii) is placed in service before the date 

22 of such lease. 
1427 

† HR 4348 EAS 

1 ‘‘(B) APPLICABLE LEASE.—The term ‘appli2 cable lease’ means a lease or other arrange3 ment— 

4 ‘‘(i) which is between the taxpayer and 

5 a State or political subdivision thereof, or 

6 any agency or instrumentality of either, 

7 and 

8 ‘‘(ii) under which the taxpayer— 

9 ‘‘(I) leases a highway and associ10 ated improvements, 

11 ‘‘(II) receives a right-of-way on 

12 the public lands underlying such high13 way and improvements, and 

14 ‘‘(III) receives a grant of a fran15 chise or other intangible right permit16 ting the taxpayer to receive funds re17 lating to the operation of such high18 way.’’. 

19 (B) CONFORMING AMENDMENT.—Subpara20 graph (F) of section 168(g)(1) (as redesignated 

21 by subsection (a)(1)) is amended by striking 

22 ‘‘paragraph (7)’’ and inserting ‘‘paragraph (8)’’. 

23 (b) AMORTIZATION OF INTANGIBLES.—Section 197(f) 

24 of the Internal Revenue Code of 1986 is amended by adding 

25 at the end the following new paragraph: 
1428 

† HR 4348 EAS 

1 ‘‘(11) INTANGIBLES RELATING TO APPLICABLE

2 LEASED HIGHWAY PROPERTY.—In the case of any 

3 amortizable section 197 intangible property which is 

4 acquired in connection with an applicable lease (as 

5 defined in section 168(g)(7)(B)), the amortization pe6 riod under this section shall not be less than the term 

7 of the applicable lease. For purposes of the preceding 

8 sentence, rules similar to the rules of section 

9 168(i)(3)(A) shall apply in determining the term of 

10 the applicable lease.’’. 

11 (c) NO PRIVATE ACTIVITY BOND FINANCING OF APPLI12 CABLE LEASED HIGHWAY PROPERTY.—Section 147(e) of 

13 the Internal Revenue Code of 1986 is amended by inserting 

14 ‘‘, or to finance any applicable leased highway property (as 

15 defined in section 168(g)(7)(A))’’ after ‘‘premises’’. 

16 (d) EFFECTIVE DATES.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendments made by this section shall 

19 apply to leases entered into after the date of the enact20 ment of this Act. 

21 (2) NO PRIVATE ACTIVITY BOND FINANCING.— 

22 The amendment made by subsection (c) shall apply to 

23 bonds issued after the date of the enactment of this 

24 Act. 
1429 

† HR 4348 EAS 

1 SEC. 40310. EXTENSION FOR TRANSFERS OF EXCESS PEN2 SION ASSETS TO RETIREE HEALTH AC3 COUNTS. 

4 (a) IN GENERAL.—Paragraph (5) of section 420(b) of 

5 the Internal Revenue Code of 1986 is amended by striking 

6 ‘‘December 31, 2013’’ and inserting ‘‘December 31, 2021’’. 

7 (b) CONFORMING ERISA AMENDMENTS.— 

8 (1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) 

9 of the Employee Retirement Income Security Act of 

10 1974 are each amended by striking ‘‘Pension Protec11 tion Act of 2006’’ and inserting ‘‘Highway Invest12 ment, Job Creation, and Economic Growth Act of 

13 2012’’. 

14 (2) Section 408(b)(13) of such Act (29 U.S.C. 

15 1108(b)(13)) is amended by striking ‘‘January 1, 

16 2014’’ and inserting ‘‘January 1, 2022’’. 

17 (c) EFFECTIVE DATE.—The amendments made by this 

18 Act shall take effect on the date of the enactment of this 

19 Act. 

20 SEC. 40311. TRANSFER OF EXCESS PENSION ASSETS TO RE21 TIREE GROUP TERM LIFE INSURANCE AC22 COUNTS. 

23 (a) IN GENERAL.—Subsection (a) of section 420 of the 

24 Internal Revenue Code of 1986 is amended by inserting ‘‘, 

25 or an applicable life insurance account,’’ after ‘‘health bene26 fits account’’. 
1430 

† HR 4348 EAS 

1 (b) APPLICABLE LIFE INSURANCE ACCOUNT DE2 FINED.— 

3 (1) IN GENERAL.—Subsection (e) of section 420 

4 of the Internal Revenue Code of 1986 is amended by 

5 redesignating paragraphs (4) and (5) as paragraphs 

6 (5) and (6), respectively, and by inserting after para7 graph (3) the following new paragraph: 

8 ‘‘(4) APPLICABLE LIFE INSURANCE ACCOUNT.— 

9 The term ‘applicable life insurance account’ means a 

10 separate account established and maintained for 

11 amounts transferred under this section for qualified 

12 current retiree liabilities based on premiums for ap13 plicable life insurance benefits.’’. 

14 (2) APPLICABLE LIFE INSURANCE BENEFITS DE15 FINED.—Paragraph (1) of section 420(e) of such Code 

16 is amended by redesignating subparagraph (D) as 

17 subparagraph (E) and by inserting after subpara18 graph (C) the following new subparagraph: 

19 ‘‘(D) APPLICABLE LIFE INSURANCE BENE20 FITS.—The term ‘applicable life insurance bene21 fits’ means group-term life insurance coverage 

22 provided to retired employees who, immediately 

23 before the qualified transfer, are entitled to re24 ceive such coverage by reason of retirement and 

25 who are entitled to pension benefits under the 
1431 

† HR 4348 EAS 

1 plan, but only to the extent that such coverage is 

2 provided under a policy for retired employees 

3 and the cost of such coverage is excludable from 

4 the retired employee’s gross income under section 

5 79.’’. 

6 (3) COLLECTIVELY BARGAINED LIFE INSURANCE

7 BENEFITS DEFINED.— 

8 (A) IN GENERAL.—Paragraph (6) of section 

9 420(f) of such Code is amended by redesignating 

10 subparagraph (D) as subparagraph (E) and by 

11 inserting after subparagraph (C) the following 

12 new subparagraph: 

13 ‘‘(D) COLLECTIVELY BARGAINED LIFE IN14 SURANCE BENEFITS.—The term ‘collectively bar15 gained life insurance benefits’ means, with re16 spect to any collectively bargained transfer— 

17 ‘‘(i) applicable life insurance benefits 

18 which are provided to retired employees 

19 who, immediately before the transfer, are 

20 entitled to receive such benefits by reason of 

21 retirement, and 

22 ‘‘(ii) if specified by the provisions of 

23 the collective bargaining agreement gov24 erning the transfer, applicable life insur25 ance benefits which will be provided at re-
1432 

† HR 4348 EAS 

1 tirement to employees who are not retired 

2 employees at the time of the transfer.’’. 

3 (B) CONFORMING AMENDMENTS.— 

4 (i) Clause (i) of section 420(e)(1)(C) of 

5 such Code is amended by striking ‘‘upon re6 tirement’’ and inserting ‘‘by reason of re7 tirement’’. 

8 (ii) Subparagraph (C) of section 

9 420(f)(6) of such Code is amended— 

10 (I) by striking ‘‘which are pro11 vided to’’ in the matter preceding 

12 clause (i), 

13 (II) by inserting ‘‘which are pro14 vided to’’ before ‘‘retired employees’’ in 

15 clause (i), 

16 (III) by striking ‘‘upon retire17 ment’’ in clause (i) and inserting ‘‘by 

18 reason of retirement’’, and 

19 (IV) by striking ‘‘active employees 

20 who, following their retirement,’’ and 

21 inserting ‘‘which will be provided at 

22 retirement to employees who are not 

23 retired employees at the time of the 

24 transfer and who’’. 

25 (c) MAINTENANCE OF EFFORT.— 
1433 

† HR 4348 EAS 

1 (1) IN GENERAL.—Subparagraph (A) of section 

2 420(c)(3) of the Internal Revenue Code of 1986 is 

3 amended by inserting ‘‘, and each group-term life in4 surance plan under which applicable life insurance 

5 benefits are provided,’’ after ‘‘health benefits are pro6 vided’’. 

7 (2) CONFORMING AMENDMENTS.— 

8 (A) Subparagraph (B) of section 420(c)(3) 

9 of such Code is amended— 

10 (i) by redesignating subclauses (I) and 

11 (II) of clause (i) as subclauses (II) and 

12 (III) of such clause, respectively, and by in13 serting before subclause (II) of such clause, 

14 as so redesignated, the following new sub15 clause: 

16 ‘‘(I) separately with respect to ap17 plicable health benefits and applicable 

18 life insurance benefits,’’, and 

19 (ii) by striking ‘‘for applicable health 

20 benefits’’ and all that follows in clause (ii) 

21 and inserting ‘‘was provided during such 

22 taxable year for the benefits with respect to 

23 which the determination under clause (i) is 

24 made.’’. 
1434 

† HR 4348 EAS 

1 (B) Subparagraph (C) of section 420(c)(3) 

2 of such Code is amended— 

3 (i) by inserting ‘‘for applicable health 

4 benefits’’ after ‘‘applied separately’’, and 

5 (ii) by inserting ‘‘, and separately for 

6 applicable life insurance benefits with re7 spect to individuals age 65 or older at any 

8 time during the taxable year and with re9 spect to individuals under age 65 during 

10 the taxable year’’ before the period. 

11 (C) Subparagraph (E) of section 420(c)(3) 

12 of such Code is amended— 

13 (i) in clause (i), by inserting ‘‘or re14 tiree life insurance coverage, as the case 

15 may be,’’ after ‘‘retiree health coverage’’, 

16 and 

17 (ii) in clause (ii), by inserting ‘‘FOR

18 RETIREE HEALTH COVERAGE’’ after ‘‘COST

19 REDUCTIONS’’ in the heading thereof, and 

20 (iii) in clause (ii)(II), by inserting 

21 ‘‘with respect to applicable health benefits’’ 

22 after ‘‘liabilities of the employer’’. 

23 (D) Paragraph (2) of section 420(f) of such 

24 Code is amended by striking ‘‘collectively bar25 gained retiree health liabilities’’ each place it oc-
1435 

† HR 4348 EAS 

1 curs and inserting ‘‘collectively bargained retiree 

2 liabilities’’. 

3 (E) Clause (i) of section 420(f)(2)(D) of 

4 such Code is amended— 

5 (i) by inserting ‘‘, and each group-term 

6 life insurance plan or arrangement under 

7 which applicable life insurance benefits are 

8 provided,’’ in subclause (I) after ‘‘applicable 

9 health benefits are provided’’, 

10 (ii) by inserting ‘‘or applicable life in11 surance benefits, as the case may be,’’ in 

12 subclause (I) after ‘‘provides applicable 

13 health benefits’’, 

14 (iii) by striking ‘‘group health’’ in sub15 clause (II), and 

16 (iv) by inserting ‘‘or collectively bar17 gained life insurance benefits’’ in subclause 

18 (II) after ‘‘collectively bargained health ben19 efits’’. 

20 (F) Clause (ii) of section 420(f)(2)(D) of 

21 such Code is amended— 

22 (i) by inserting ‘‘with respect to appli23 cable health benefits or applicable life insur24 ance benefits’’ after ‘‘requirements of sub25 section (c)(3)’’, and 
1436 

† HR 4348 EAS 

1 (ii) by adding at the end the following: 

2 ‘‘Such election may be made separately 

3 with respect to applicable health benefits 

4 and applicable life insurance benefits. In 

5 the case of an election with respect to appli6 cable life insurance benefits, the first sen7 tence of this clause shall be applied as if 

8 subsection (c)(3) as in effect before the 

9 amendments made by such Act applied to 

10 such benefits.’’ 

11 (G) Clause (iii) of section 420(f)(2)(D) of 

12 such Code is amended— 

13 (i) by striking ‘‘retiree’’ each place it 

14 occurs, and 

15 (ii) by inserting ‘‘, collectively bar16 gained life insurance benefits, or both, as 

17 the case may be,’’ after ‘‘health benefits’’ 

18 each place it occurs. 

19 (d) COORDINATION WITH SECTION 79.—Section 79 of 

20 the Internal Revenue Code of 1986 is amended by adding 

21 at the end the following new subsection: 

22 ‘‘(f) EXCEPTION FOR LIFE INSURANCE PURCHASED IN

23 CONNECTION WITH QUALIFIED TRANSFER OF EXCESS

24 PENSION ASSETS.—Subsection (b)(3) and section 72(m)(3) 

25 shall not apply in the case of any cost paid (whether di-
1437 

† HR 4348 EAS 

1 rectly or indirectly) with assets held in an applicable life 

2 insurance account (as defined in section 420(e)(4)) under 

3 a defined benefit plan.’’. 

4 (e) CONFORMING AMENDMENTS.— 

5 (1) Section 420 of the Internal Revenue Code of 

6 1986 is amended by striking ‘‘qualified current retiree 

7 health liabilities’’ each place it appears and inserting 

8 ‘‘qualified current retiree liabilities’’. 

9 (2) Section 420 of such Code is amended by in10 serting ‘‘, or an applicable life insurance account,’’ 

11 after ‘‘a health benefits account’’ each place it appears 

12 in subsection (b)(1)(A), subparagraphs (A), (B)(i), 

13 and (C) of subsection (c)(1), subsection (d)(1)(A), and 

14 subsection (f)(2)(E)(ii). 

15 (3) Section 420(b) of such Code is amended— 

16 (A) by adding the following at the end of 

17 paragraph (2)(A): ‘‘If there is a transfer from a 

18 defined benefit plan to both a health benefits ac19 count and an applicable life insurance account 

20 during any taxable year, such transfers shall be 

21 treated as 1 transfer for purposes of this para22 graph.’’, and 

23 (B) by inserting ‘‘to an account’’ after 

24 ‘‘may be transferred’’ in paragraph (3). 
1438 

† HR 4348 EAS 

1 (4) The heading for section 420(c)(1)(B) of such 

2 Code is amended by inserting ‘‘OR LIFE INSURANCE’’ 

3 after ‘‘HEALTH BENEFITS’’. 

4 (5) Paragraph (1) of section 420(e) of such Code 

5 is amended— 

6 (A) by inserting ‘‘and applicable life insur7 ance benefits’’ in subparagraph (A) after ‘‘appli8 cable health benefits’’, and 

9 (B) by striking ‘‘HEALTH’’ in the heading 

10 thereof. 

11 (6) Subparagraph (B) of section 420(e)(1) of 

12 such Code is amended— 

13 (A) in the matter preceding clause (i), by 

14 inserting ‘‘(determined separately for applicable 

15 health benefits and applicable life insurance ben16 efits)’’ after ‘‘shall be reduced by the amount’’, 

17 (B) in clause (i), by inserting ‘‘or applica18 ble life insurance accounts’’ after ‘‘health benefit 

19 accounts’’, and 

20 (C) in clause (i), by striking ‘‘qualified cur21 rent retiree health liability’’ and inserting 

22 ‘‘qualified current retiree liability’’. 

23 (7) The heading for subsection (f) of section 420 

24 of such Code is amended by striking ‘‘HEALTH’’ each 

25 place it occurs. 
1439 

† HR 4348 EAS 

1 (8) Subclause (II) of section 420(f)(2)(B)(ii) of 

2 such Code is amended by inserting ‘‘or applicable life 

3 insurance account, as the case may be,’’ after ‘‘health 

4 benefits account’’. 

5 (9) Subclause (III) of section 420(f)(2)(E)(i) of 

6 such Code is amended— 

7 (A) by inserting ‘‘defined benefit’’ before 

8 ‘‘plan maintained by an employer’’, and 

9 (B) by inserting ‘‘health’’ before ‘‘benefit 

10 plans maintained by the employer’’. 

11 (10) Paragraphs (4) and (6) of section 420(f) of 

12 such Code are each amended by striking ‘‘collectively 

13 bargained retiree health liabilities’’ each place it oc14 curs and inserting ‘‘collectively bargained retiree li15 abilities’’. 

16 (11) Subparagraph (A) of section 420(f)(6) of 

17 such Code is amended— 

18 (A) in clauses (i) and (ii), by inserting ‘‘, 

19 in the case of a transfer to a health benefits ac20 count,’’ before ‘‘his covered spouse and depend21 ents’’, and 

22 (B) in clause (ii), by striking ‘‘health plan’’ 

23 and inserting ‘‘plan’’. 

24 (12) Subparagraph (B) of section 420(f)(6) of 

25 such Code is amended— 
1440 

† HR 4348 EAS 

1 (A) in clause (i), by inserting ‘‘, and collec2 tively bargained life insurance benefits,’’ after 

3 ‘‘collectively bargained health benefits’’, 

4 (B) in clause (ii)— 

5 (i) by adding at the end the following: 

6 ‘‘The preceding sentence shall be applied 

7 separately for collectively bargained health 

8 benefits and collectively bargained life in9 surance benefits.’’, and 

10 (ii) by inserting ‘‘, applicable life in11 surance accounts,’’ after ‘‘health benefit ac12 counts’’, and 

13 (C) by striking ‘‘HEALTH’’ in the heading 

14 thereof. 

15 (13) Subparagraph (E) of section 420(f)(6) of 

16 such Code, as redesignated by subsection (b), is 

17 amended— 

18 (A) by striking ‘‘bargained health’’ and in19 serting ‘‘bargained’’, 

20 (B) by inserting ‘‘, or a group-term life in21 surance plan or arrangement for retired employ22 ees,’’ after ‘‘dependents’’, and 

23 (C) by striking ‘‘HEALTH’’ in the heading 

24 thereof. 
1441 

† HR 4348 EAS 

1 (14) Section 101(e) of the Employee Retirement 

2 Income Security Act of 1974 (29 U.S.C. 1021(e)) is 

3 amended— 

4 (A) in paragraphs (1) and (2), by inserting 

5 ‘‘or applicable life insurance account’’ after 

6 ‘‘health benefits account’’ each place it appears, 

7 and 

8 (B) in paragraph (1), by inserting ‘‘or ap9 plicable life insurance benefit liabilities’’ after 

10 ‘‘health benefits liabilities’’. 

11 (f) TECHNICAL CORRECTION.—Clause (iii) of section 

12 420(f)(6)(B) is amended by striking ‘‘416(I)(1)’’ and insert13 ing ‘‘416(i)(1)’’. 

14 (g) REPEAL OF DEADWOOD.— 

15 (1) Subparagraph (A) of section 420(b)(1) of the 

16 Internal Revenue Code of 1986 is amended by strik17 ing ‘‘in a taxable year beginning after December 31, 

18 1990’’. 

19 (2) Subsection (b) of section 420 of such Code is 

20 amended by striking paragraph (4) and by redesig21 nating paragraph (5), as amended by this Act, as 

22 paragraph (4). 

23 (3) Paragraph (2) of section 420(b) of such Code, 

24 as amended by this section, is amended— 

25 (A) by striking subparagraph (B), and 
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† HR 4348 EAS 

1 (B) by striking ‘‘PER YEAR.—’’ and all that 

2 follows through ‘‘No more than’’ and inserting 

3 ‘‘PER YEAR.—No more than’’. 

4 (4) Paragraph (2) of section 420(c) of such Code 

5 is amended— 

6 (A) by striking subparagraph (B), 

7 (B) by moving subparagraph (A) two ems 

8 to the left, and 

9 (C) by striking ‘‘BEFORE TRANSFER.—’’ 

10 and all that follows through ‘‘The requirements 

11 of this paragraph’’ and inserting the following: 

12 ‘‘BEFORE TRANSFER.—The requirements of this 

13 paragraph’’. 

14 (5) Paragraph (2) of section 420(d) of such Code 

15 is amended by striking ‘‘after December 31, 1990’’. 

16 (h) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—The amendments made by 

18 this section shall apply to transfers made after the 

19 date of the enactment of this Act. 

20 (2) CONFORMING AMENDMENTS RELATING TO

21 PENSION PROTECTION ACT.—The amendments made 

22 by subsections (b)(3)(B) and (f) shall take effect as if 

23 included in the amendments made by section 841(a) 

24 of the Pension Protection Act of 2006. 
1443 

† HR 4348 EAS 

1 SEC. 40312. PENSION FUNDING STABILIZATION. 

2 (a) AMENDMENTS TO INTERNAL REVENUE CODE OF

3 1986.— 

4 (1) IN GENERAL.—Subparagraph (C) of section 

5 430(h)(2) of the Internal Revenue Code of 1986 is 

6 amended by adding at the end the following new 

7 clause: 

8 ‘‘(iv) SEGMENT RATE STABILIZA9 TION.— 

10 ‘‘(I) IN GENERAL.—If a segment 

11 rate described in clause (i), (ii), or 

12 (iii) with respect to any applicable 

13 month (determined without regard to 

14 this clause) is less than the applicable 

15 minimum percentage, or more than the 

16 applicable maximum percentage, of the 

17 average of the segment rates described 

18 in such clause for years in the 25-year 

19 period ending with September 30 of the 

20 calendar year preceding the calendar 

21 year in which the plan year begins, 

22 then the segment rate described in such 

23 clause with respect to the applicable 

24 month shall be equal to the applicable 

25 minimum percentage or the applicable 

26 maximum percentage of such average, 
1444 

† HR 4348 EAS 

1 whichever is closest. The Secretary 

2 shall determine such average on an an3 nual basis and may prescribe equiva4 lent rates for years in any such 25- 

5 year period for which the rates de6 scribed in any such clause are not 

7 available. 

8 ‘‘(II) APPLICABLE MINIMUM PER9 CENTAGE; APPLICABLE MAXIMUM PER10 CENTAGE.—For purposes of subclause 

11 (I), the applicable minimum percent12 age and the applicable maximum per13 centage for a plan year beginning in a 

14 calendar year shall be determined in 

15 accordance with the following table: 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

2012 ................................................................................. 90% 110%

2013 ................................................................................. 85% 115%

2014 ................................................................................. 80% 120%

2015 ................................................................................. 75% 125%

After 2015 ....................................................................... 70% 130%.’’. 

16 (2) CONFORMING AMENDMENTS.— 

17 (A) Paragraph (6) of section 404(o) of such 

18 Code is amended by inserting ‘‘(determined by 

19 not taking into account any adjustment under 
1445 

† HR 4348 EAS 

1 clause (iv) of subsection (h)(2)(C) thereof)’’ before 

2 the period. 

3 (B) Subparagraph (F) of section 430(h)(2) 

4 of such Code is amended by inserting ‘‘and the 

5 averages determined under subparagraph 

6 (C)(iv)’’ after ‘‘subparagraph (C)’’. 

7 (C) Subparagraphs (C) and (D) of section 

8 417(e)(3) of such Code are each amended by 

9 striking ‘‘section 430(h)(2)(C)’’ and inserting 

10 ‘‘section 430(h)(2)(C) (determined by not taking 

11 into account any adjustment under clause (iv) 

12 thereof)’’. 

13 (b) AMENDMENTS TO EMPLOYEE RETIREMENT INCOME

14 SECURITY ACT OF 1974.— 

15 (1) IN GENERAL.—Subparagraph (C) of section 

16 303(h)(2) of the Employee Retirement Income Secu17 rity Act of 1974 (29 U.S.C. 1083(h)(2)) is amended 

18 by adding at the end the following new clause: 

19 ‘‘(iv) SEGMENT RATE STABILIZA20 TION.— 

21 ‘‘(I) IN GENERAL.—If a segment 

22 rate described in clause (i), (ii), or 

23 (iii) with respect to any applicable 

24 month (determined without regard to 

25 this clause) is less than the applicable 
1446 

† HR 4348 EAS 

1 minimum percentage, or more than the 

2 applicable maximum percentage, of the 

3 average of the segment rates described 

4 in such clause for years in the 25-year 

5 period ending with September 30 of the 

6 calendar year preceding the calendar 

7 year in which the plan year begins, 

8 then the segment rate described in such 

9 clause with respect to the applicable 

10 month shall be equal to the applicable 

11 minimum percentage or the applicable 

12 maximum percentage of such average, 

13 whichever is closest. The Secretary of 

14 the Treasury shall determine such av15 erage on an annual basis and may 

16 prescribe equivalent rates for years in 

17 any such 25-year period for which the 

18 rates described in any such clause are 

19 not available. 

20 ‘‘(II) APPLICABLE MINIMUM PER21 CENTAGE; APPLICABLE MAXIMUM PER22 CENTAGE.—For purposes of subclause 

23 (I), the applicable minimum percent24 age and the applicable maximum per25 centage for a plan year beginning in a 
1447 

† HR 4348 EAS 

1 calendar year shall be determined in 

2 accordance with the following table: 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

2012 ................................................................................. 90% 110%

2013 ................................................................................. 85% 115%

2014 ................................................................................. 80% 120%

2015 ................................................................................. 75% 125%

After 2015 ....................................................................... 70% 130%.’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Subparagraph (F) of section 303(h)(2) 

5 of such Act (29 U.S.C. 1083(h)(2)) is amended 

6 by inserting ‘‘and the averages determined under 

7 subparagraph (C)(iv)’’ after ‘‘subparagraph 

8 (C)’’. 

9 (B) Clauses (ii) and (iii) of section 

10 205(g)(3)(B) of such Act (29 U.S.C. 

11 1055(g)(3)(B)) are each amended by striking 

12 ‘‘section 303(h)(2)(C)’’ and inserting ‘‘section 

13 303(h)(2)(C) (determined by not taking into ac14 count any adjustment under clause (iv) there15 of)’’. 

16 (C) Clause (iv) of section 4006(a)(3)(E) of 

17 such Act (29 U.S.C. 1306(a)(3)(E)) is amended 

18 by striking ‘‘section 303(h)(2)(C)’’ and inserting 

19 ‘‘section 303(h)(2)(C) (notwithstanding any reg20 ulations issued by the corporation, determined 
1448 

† HR 4348 EAS 

1 by not taking into account any adjustment 

2 under clause (iv) thereof)’’. 

3 (c) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—The amendments made by 

5 this section shall apply with respect to plan years be6 ginning after December 31, 2011. 

7 (2) EXCEPTION.—A plan sponsor may elect not 

8 to have the amendments made by this section apply 

9 to any plan year beginning on or before the date of 

10 the enactment of this Act solely for purposes of deter11 mining the adjusted funding target attainment per12 centage under sections 436 of the Internal Revenue 

13 Code of 1986 and 206(g) of the Employee Retirement 

14 Income Security Act of 1974 for such plan year. A 

15 plan shall not be treated as failing to meet the re16 quirements of sections 411(d)(6) of such Code and 

17 204(g) of such Act solely by reason of an election 

18 under this paragraph. 

19 SEC. 40313. ADDITIONAL TRANSFERS TO HIGHWAY TRUST 

20 FUND. 

21 Subsection (f) of section 9503 of the Internal Revenue 

22 Code of 1986, as amended by this Act, is amended by redes23 ignating paragraph (4) as paragraph (5) and by inserting 

24 after paragraph (3) the following new paragraph: 
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† HR 4348 EAS 

1 ‘‘(4) ADDITIONAL APPROPRIATIONS TO TRUST

2 FUND.—Out of money in the Treasury not otherwise 

3 appropriated, there is hereby appropriated to the 

4 Highway Trust Fund— 

5 ‘‘(A) for fiscal year 2012, $2,183,000,000, 

6 ‘‘(B) for fiscal year 2013, $2,277,000,000, 

7 and 

8 ‘‘(C) for fiscal year 2014, $510,000,000.’’. 

9 SEC. 40314. TRANSFERS TO FEDERAL OLD-AGE AND SUR10 VIVORS INSURANCE TRUST FUND AND FED11 ERAL DISABILITY INSURANCE TRUST FUND. 

12 Out of money in the Treasury not otherwise appro13 priated, there is hereby appropriated— 

14 (1) for fiscal year 2012, $27,000,000, and 

15 (2) for fiscal year 2014, $82,000,000, 

16 to the Federal Old-Age and Survivors Trust Fund and the 

17 Federal Disability Insurance Trust Fund established under 

18 section 201 of the Social Security Act (42 U.S.C. 401). The 

19 Secretary of the Treasury shall allocate such amounts be20 tween such Trust Funds in the ratio in which amounts are 

21 appropriated to such Trust Funds under clause (3) of sec22 tion 201(a) and clause (1) of section 201(b) of such Act. 
1450 

† HR 4348 EAS 

1 DIVISION E—RESEARCH AND 

2 EDUCATION 

3 SEC. 50001. SHORT TITLE. 

4 This division may be cited as the ‘‘Transportation Re5 search and Innovative Technology Act of 2012’’. 

6 TITLE I—FUNDING 

7 SEC. 51001. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—The following amounts are author9 ized to be appropriated out of the Highway Trust Fund 

10 (other than the Mass Transit Account): 

11 (1) HIGHWAY RESEARCH AND DEVELOPMENT

12 PROGRAM.—To carry out sections 503(b), 503(d), and 

13 509 of title 23, United States Code, $90,000,000 for 

14 each of fiscal years 2012 and 2013. 

15 (2) TECHNOLOGY AND INNOVATION DEPLOYMENT

16 PROGRAM.—To carry out section 503(c) of title 23, 

17 United States Code, $90,000,000 for each of fiscal 

18 years 2012 and 2013. 

19 (3) TRAINING AND EDUCATION.—To carry out 

20 section 504 of title 23, United States Code, 

21 $24,000,000 for each of fiscal years 2012 and 2013. 

22 (4) INTELLIGENT TRANSPORTATION SYSTEMS

23 PROGRAM.—To carry out sections 512 through 518 of 

24 title 23, United States Code, $100,000,000 for each of 

25 fiscal years 2012 and 2013. 
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† HR 4348 EAS 

1 (5) UNIVERSITY TRANSPORTATION CENTERS PRO2 GRAM.—To carry out section 5505 of title 49, United 

3 States Code, $70,000,000 for each of fiscal years 2012 

4 and 2013. 

5 (6) BUREAU OF TRANSPORTATION STATISTICS.— 

6 To carry out chapter 65 of title 49, United States 

7 Code, $26,000,000 for each of fiscal years 2012 and 

8 2013. 

9 (b) APPLICABILITY OF TITLE 23, UNITED STATES

10 CODE.—Funds authorized to be appropriated by subsection 

11 (a) shall— 

12 (1) be available for obligation in the same man13 ner as if those funds were apportioned under chapter 

14 1 of title 23, United States Code, except that the Fed15 eral share of the cost of a project or activity carried 

16 out using those funds shall be 80 percent, unless oth17 erwise expressly provided by this Act (including the 

18 amendments by this Act) or otherwise determined by 

19 the Secretary; and 

20 (2) remain available until expended and not be 

21 transferable. 
1452 

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1 TITLE II—RESEARCH, 

2 TECHNOLOGY, AND EDUCATION 

3 SEC. 52001. RESEARCH, TECHNOLOGY, AND EDUCATION. 

4 Section 501 of title 23, United States Code, is amend5 ed— 

6 (1) by redesignating paragraph (2) as para7 graph (8); 

8 (2) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) INCIDENT.—The term ‘incident’ means a 

11 crash, natural disaster, workzone activity, special 

12 event, or other emergency road user occurrence that 

13 adversely affects or impedes the normal flow of traffic. 

14 ‘‘(3) INNOVATION LIFECYCLE.—The term ‘inno15 vation lifecycle’ means the process of innovating 

16 through— 

17 ‘‘(A) the identification of a need; 

18 ‘‘(B) the establishment of the scope of re19 search to address that need; 

20 ‘‘(C) setting an agenda; 

21 ‘‘(D) carrying out research, development, 

22 deployment, and testing of the resulting tech23 nology or innovation; and 

24 ‘‘(E) carrying out an evaluation of the im25 pact of the resulting technology or innovation. 
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† HR 4348 EAS 

1 ‘‘(4) INTELLIGENT TRANSPORTATION INFRA2 STRUCTURE.—The term ‘intelligent transportation in3 frastructure’ means fully integrated public sector in4 telligent transportation system components, as defined 

5 by the Secretary. 

6 ‘‘(5) INTELLIGENT TRANSPORTATION SYSTEM.— 

7 The terms ‘intelligent transportation system’ and 

8 ‘ITS’ mean electronics, photonics, communications, or 

9 information processing used singly or in combination 

10 to improve the efficiency or safety of a surface trans11 portation system. 

12 ‘‘(6) NATIONAL ARCHITECTURE.—For purposes 

13 of this chapter, the term ‘national architecture’ means 

14 the common framework for interoperability that de15 fines— 

16 ‘‘(A) the functions associated with intel17 ligent transportation system user services; 

18 ‘‘(B) the physical entities or subsystems 

19 within which the functions reside; 

20 ‘‘(C) the data interfaces and information 

21 flows between physical subsystems; and 

22 ‘‘(D) the communications requirements as23 sociated with the information flows. 

24 ‘‘(7) PROJECT.—The term ‘project’ means an un25 dertaking to research, develop, or operationally test 
1454 

† HR 4348 EAS 

1 intelligent transportation systems or any other under2 taking eligible for assistance under this chapter.’’; and 

3 (3) by inserting after paragraph (8) (as so redes4 ignated) the following: 

5 ‘‘(9) STANDARD.—The term ‘standard’ means a 

6 document that— 

7 ‘‘(A) contains technical specifications or 

8 other precise criteria for intelligent transpor9 tation systems that are to be used consistently as 

10 rules, guidelines, or definitions of characteristics 

11 so as to ensure that materials, products, proc12 esses, and services are fit for the intended pur13 poses of the materials, products, processes, and 

14 services; and 

15 ‘‘(B) may support the national architecture 

16 and promote— 

17 ‘‘(i) the widespread use and adoption 

18 of intelligent transportation system tech19 nology as a component of the surface trans20 portation systems of the United States; and 

21 ‘‘(ii) interoperability among intelligent 

22 transportation system technologies imple23 mented throughout the States.’’. 
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1 SEC. 52002. SURFACE TRANSPORTATION RESEARCH, DEVEL2 OPMENT, AND TECHNOLOGY. 

3 (a) SURFACE TRANSPORTATION RESEARCH, DEVELOP4 MENT, AND TECHNOLOGY.—Section 502 of title 23, United 

5 States Code, is amended— 

6 (1) in the section heading by inserting ‘‘, devel7 opment, and technology’’ after ‘‘surface transportation 

8 research’’; 

9 (2) in subsection (a)— 

10 (A) by redesignating paragraphs (1) 

11 through (8) as paragraphs (2) through (9), re12 spectively; 

13 (B) by inserting before paragraph (2) (as 

14 redesignated by subparagraph (A)) the following: 

15 ‘‘(1) APPLICABILITY.—The research, develop16 ment, and technology provisions of this section shall 

17 apply throughout this chapter.’’; 

18 (C) in paragraph (2) (as redesignated by 

19 subparagraph (A))— 

20 (i) by inserting ‘‘within the innovation 

21 lifecycle’’ after ‘‘activities’’; and 

22 (ii) by inserting ‘‘marketing and com23 munications, impact analysis,’’ after 

24 ‘‘training,’’; 

25 (D) in paragraph (3) (as redesignated by 

26 subparagraph (A))— 
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† HR 4348 EAS 

1 (i) in subparagraph (B) by striking 

2 ‘‘supports research in which there is a clear 

3 public benefit and’’ and inserting ‘‘delivers 

4 a clear public benefit and occurs where’’; 

5 (ii) in subparagraph (C) by striking 

6 ‘‘or’’ after the semicolon; 

7 (iii) by redesignating subparagraph 

8 (D) as subparagraph (H); and 

9 (iv) by inserting after subparagraph 

10 (C) the following: 

11 ‘‘(D) meets and addresses current or emerg12 ing needs; 

13 ‘‘(E) presents the best means to align re14 sources with multiyear plans and priorities; 

15 ‘‘(F) ensures the coordination of highway 

16 research and technology transfer activities, in17 cluding through activities performed by univer18 sity transportation centers; 

19 ‘‘(G) educates current and future transpor20 tation professionals; or’’; 

21 (E) in paragraph (4) (as redesignated by 

22 subparagraph (A)) by striking subparagraphs 

23 (B) through (D) and inserting the following: 

24 ‘‘(B) partner with State highway agencies 

25 and other stakeholders as appropriate, including 
1457 

† HR 4348 EAS 

1 international entities, to facilitate research and 

2 technology transfer activities; 

3 ‘‘(C) communicate the results of ongoing 

4 and completed research; 

5 ‘‘(D) lead efforts to coordinate national em6 phasis areas of highway research, technology, 

7 and innovation deployment; 

8 ‘‘(E) leverage partnerships with industry, 

9 academia, and international entities; and 

10 ‘‘(F) conduct, facilitate, and support train11 ing and education of current and future trans12 portation professionals.’’; 

13 (F) in paragraph (5)(C) (as redesignated by 

14 subparagraph (A)) by striking ‘‘policy and plan15 ning’’ and inserting ‘‘all highway objectives seek16 ing to improve the performance of the transpor17 tation system’’; 

18 (G) in paragraph (6) (as redesignated by 

19 subparagraph (A)) in the second sentence, by in20 serting ‘‘tribal governments,’’ after ‘‘local govern21 ments,’’; and 

22 (H) in paragraph (8) (as redesignated by 

23 subparagraph (A))— 
1458 

† HR 4348 EAS 

1 (i) in the first sentence, by striking 

2 ‘‘To the maximum’’ and inserting the fol3 lowing: 

4 ‘‘(A) IN GENERAL.—To the maximum’’; 

5 (ii) in the second sentence, by striking 

6 ‘‘Performance measures’’ and inserting the 

7 following: 

8 ‘‘(B) PERFORMANCE MEASURES.—Perform9 ance measures’’; 

10 (iii) in the third sentence, by striking 

11 ‘‘All evaluations’’ and inserting the fol12 lowing: 

13 ‘‘(D) AVAILABILITY OF EVALUATIONS.—All 

14 evaluations under this paragraph’’; and 

15 (iv) by inserting after subparagraph 

16 (B) the following: 

17 ‘‘(C) PROGRAM PLAN.—To the maximum 

18 extent practicable, each program pursued under 

19 this chapter shall be part of a data-driven, out20 come-oriented program plan.’’; 

21 (3) in subsection (b)— 

22 (A) in paragraph (4) by striking ‘‘surface 

23 transportation research and technology develop24 ment strategic plan developed under section 508’’ 
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† HR 4348 EAS 

1 and inserting ‘‘the transportation research and 

2 development strategic plan of the Secretary’’; 

3 (B) in paragraph (5) by striking ‘‘section’’ 

4 each place it appears and inserting ‘‘chapter’’; 

5 (C) in paragraph (6) by adding at the end 

6 the following: 

7 ‘‘(C) TRANSFER OF AMOUNTS AMONG

8 STATES OR TO FEDERAL HIGHWAY ADMINISTRA9 TION.—The Secretary may, at the request of a 

10 State, transfer amounts apportioned or allocated 

11 to that State under this chapter to another State 

12 or the Federal Highway Administration to fund 

13 research, development, and technology transfer 

14 activities of mutual interest on a pooled funds 

15 basis. 

16 ‘‘(D) TRANSFER OF OBLIGATION AUTHOR17 ITY.—Obligation authority for amounts trans18 ferred under this subsection shall be disbursed in 

19 the same manner and for the same amount as 

20 provided for the project being transferred.’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(7) PRIZE COMPETITIONS.— 

23 ‘‘(A) IN GENERAL.—The Secretary may 

24 carry out prize competitions to award competi25 tive prizes for surface transportation innovations 
1460 

† HR 4348 EAS 

1 that have the potential for application to the re2 search and technology objectives and activities of 

3 the Federal Highway Administration to improve 

4 system performance. 

5 ‘‘(B) REQUIREMENTS.— 

6 ‘‘(i) IN GENERAL.—The Secretary shall 

7 use a competitive process for the selection of 

8 prize recipients and shall widely advertise 

9 and solicit participation in prize competi10 tions under this paragraph. 

11 ‘‘(ii) REGISTRATION REQUIRED.—No 

12 individual or entity shall participate in a 

13 prize competition under this paragraph un14 less the individual or entity has registered 

15 with the Secretary in accordance with the 

16 eligibility requirements established by the 

17 Secretary under clause (iii). 

18 ‘‘(iii) MINIMUM REQUIREMENTS.—The 

19 Secretary shall establish eligibility require20 ments for participation in each prize com21 petition under this paragraph, which, at a 

22 minimum, shall— 

23 ‘‘(I) limit participation in the 

24 prize competition to— 
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† HR 4348 EAS 

1 ‘‘(aa) individuals who are 

2 citizens of the United States; 

3 ‘‘(bb) entities organized or 

4 existing under the laws of the 

5 United States or of a State; and 

6 ‘‘(cc) entities organized or ex7 isting under the laws of a foreign 

8 country, if the controlling interest, 

9 as defined by the Secretary, is 

10 held by an individual or entity 

11 described in item (aa) or (bb); 

12 ‘‘(II) require any individual or 

13 entity that registers for a prize com14 petition— 

15 ‘‘(aa) to assume all risks 

16 arising from participation in the 

17 competition; and 

18 ‘‘(bb) to waive all claims 

19 against the Federal Government 

20 for any damages arising out of 

21 participation in the competition, 

22 including all claims, whether 

23 through negligence or otherwise, 

24 except in the case of willful mis25 conduct, for— 
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† HR 4348 EAS 

1 ‘‘(AA) injury, death, 

2 damage, or loss of property; 

3 or 

4 ‘‘(BB) loss of revenue or 

5 profits, whether direct, indi6 rect, or consequential; and 

7 ‘‘(III) require any individual or 

8 entity that registers for a prize com9 petition to waive all claims against 

10 any non-Federal entity operating or 

11 managing the prize competition, such 

12 as a private contractor managing com13 petition activities, to the extent that 

14 the Secretary believes is necessary to 

15 protect the interests of the Federal Gov16 ernment. 

17 ‘‘(C) RELATIONSHIP TO OTHER AUTHOR18 ITY.—The Secretary may exercise the authority 

19 in this section in conjunction with, or in addi20 tion to, any other authority of the Secretary to 

21 acquire, support, or stimulate innovations with 

22 the potential for application to the Federal high23 way research technology and education pro24 gram.’’; 

25 (4) in subsection (c)— 
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† HR 4348 EAS 

1 (A) in paragraph (3)(A)— 

2 (i) by striking ‘‘subsection’’ and insert3 ing ‘‘chapter’’; and 

4 (ii) by striking ‘‘50’’ and inserting 

5 ‘‘80’’; and 

6 (B) in paragraph (4) by striking ‘‘sub7 section’’ and inserting ‘‘chapter’’; and 

8 (5) by striking subsections (d) through (j). 

9 (b) CONFORMING AMENDMENT.—The analysis for 

10 chapter 5 of title 23, United States Code, is amended by 

11 striking the item relating to section 502 and inserting the 

12 following: 

‘‘502. Surface transportation research, development, and technology.’’. 

13 SEC. 52003. RESEARCH AND TECHNOLOGY DEVELOPMENT 

14 AND DEPLOYMENT. 

15 (a) IN GENERAL.—Section 503 of title 23, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 503. Research and technology development and de18 ployment 

19 ‘‘(a) IN GENERAL.—The Secretary shall— 

20 ‘‘(1) carry out research, development, and de21 ployment activities that encompass the entire innova22 tion lifecycle; and 

23 ‘‘(2) ensure that all research carried out under 

24 this section aligns with the transportation research 

25 and development strategic plan of the Secretary. 
1464 

† HR 4348 EAS 

1 ‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT PRO2 GRAM.— 

3 ‘‘(1) OBJECTIVES.—In carrying out the highway 

4 research and development program, the Secretary, to 

5 address current and emerging highway transportation 

6 needs, shall— 

7 ‘‘(A) identify research topics; 

8 ‘‘(B) coordinate domestic and international 

9 research and development activities; 

10 ‘‘(C) carry out research, testing, and eval11 uation activities; and 

12 ‘‘(D) provide technology transfer and tech13 nical assistance. 

14 ‘‘(2) CONTENTS.—Research and development ac15 tivities carried out under this section may include 

16 any of the following activities: 

17 ‘‘(A) IMPROVING HIGHWAY SAFETY.— 

18 ‘‘(i) IN GENERAL.—The Secretary shall 

19 carry out research and development activi20 ties from an integrated perspective to estab21 lish and implement systematic measures to 

22 improve highway safety. 

23 ‘‘(ii) OBJECTIVES.—In carrying out 

24 this subparagraph the Secretary shall carry 

25 out research and development activities— 
1465 

† HR 4348 EAS 

1 ‘‘(I) to achieve greater long-term 

2 safety gains; 

3 ‘‘(II) to reduce the number of fa4 talities and serious injuries on public 

5 roads; 

6 ‘‘(III) to fill knowledge gaps that 

7 limit the effectiveness of research; 

8 ‘‘(IV) to support the development 

9 and implementation of State strategic 

10 highway safety plans; 

11 ‘‘(V) to advance improvements in, 

12 and use of, performance prediction 

13 analysis for decisionmaking; and 

14 ‘‘(VI) to expand technology trans15 fer to partners and stakeholders. 

16 ‘‘(iii) CONTENTS.—Research and tech17 nology activities carried out under this sub18 paragraph may include— 

19 ‘‘(I) safety assessments and deci20 sionmaking tools; 

21 ‘‘(II) data collection and analysis; 

22 ‘‘(III) crash reduction projections; 

23 ‘‘(IV) low-cost safety counter24 measures; 
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† HR 4348 EAS 

1 ‘‘(V) innovative operational im2 provements and designs of roadway 

3 and roadside features; 

4 ‘‘(VI) evaluation of counter5 measure costs and benefits; 

6 ‘‘(VII) development of tools for 

7 projecting impacts of safety counter8 measures; 

9 ‘‘(VIII) rural road safety meas10 ures; 

11 ‘‘(IX) safety measures for vulner12 able road users, including bicyclists 

13 and pedestrians; 

14 ‘‘(X) safety policy studies; 

15 ‘‘(XI) human factors studies and 

16 measures; 

17 ‘‘(XII) safety technology deploy18 ment; 

19 ‘‘(XIII) safety workforce profes20 sional capacity building initiatives; 

21 ‘‘(XIV) safety program and proc22 ess improvements; and 

23 ‘‘(XV) tools and methods to en24 hance safety performance, including 
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1 achievement of statewide safety per2 formance targets. 

3 ‘‘(B) IMPROVING INFRASTRUCTURE INTEG4 RITY.— 

5 ‘‘(i) IN GENERAL.—The Secretary shall 

6 carry out and facilitate highway and bridge 

7 infrastructure research and development ac8 tivities— 

9 ‘‘(I) to maintain infrastructure 

10 integrity; 

11 ‘‘(II) to meet user needs; and 

12 ‘‘(III) to link Federal transpor13 tation investments to improvements in 

14 system performance. 

15 ‘‘(ii) OBJECTIVES.—In carrying out 

16 this subparagraph, the Secretary shall carry 

17 out research and development activities— 

18 ‘‘(I) to reduce the number of fa19 talities attributable to infrastructure 

20 design characteristics and work zones; 

21 ‘‘(II) to improve the safety and se22 curity of highway infrastructure; 

23 ‘‘(III) to increase the reliability of 

24 lifecycle performance predictions used 
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1 in infrastructure design, construction, 

2 and management; 

3 ‘‘(IV) to improve the ability of 

4 transportation agencies to deliver 

5 projects that meet expectations for 

6 timeliness, quality, and cost; 

7 ‘‘(V) to reduce user delay attrib8 utable to infrastructure system per9 formance, maintenance, rehabilitation, 

10 and construction; 

11 ‘‘(VI) to improve highway condi12 tion and performance through in13 creased use of design, materials, con14 struction, and maintenance innova15 tions; 

16 ‘‘(VII) to reduce the lifecycle envi17 ronmental impacts of highway infra18 structure through innovations in de19 sign, construction, operation, preserva20 tion, and maintenance; and 

21 ‘‘(VIII) to study vulnerabilities of 

22 the transportation system to seismic 

23 activities and extreme events and 

24 methods to reduce those vulnerabilities. 
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1 ‘‘(iii) CONTENTS.—Research and tech2 nology activities carried out under this sub3 paragraph may include— 

4 ‘‘(I) long-term infrastructure per5 formance programs addressing pave6 ments, bridges, tunnels, and other 

7 structures; 

8 ‘‘(II) short-term and accelerated 

9 studies of infrastructure performance; 

10 ‘‘(III) research to develop more 

11 durable infrastructure materials and 

12 systems; 

13 ‘‘(IV) advanced infrastructure de14 sign methods; 

15 ‘‘(V) accelerated highway and 

16 bridge construction; 

17 ‘‘(VI) performance-based specifica18 tions; 

19 ‘‘(VII) construction and materials 

20 quality assurance; 

21 ‘‘(VIII) comprehensive and inte22 grated infrastructure asset manage23 ment; 

24 ‘‘(IX) infrastructure safety assur25 ance; 
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1 ‘‘(X) highway infrastructure secu2 rity; 

3 ‘‘(XI) sustainable infrastructure 

4 design and construction; 

5 ‘‘(XII) infrastructure rehabilita6 tion and preservation techniques, in7 cluding techniques to rehabilitate and 

8 preserve historic infrastructure; 

9 ‘‘(XIII) hydraulic, geotechnical, 

10 and aerodynamic aspects of infrastruc11 ture; 

12 ‘‘(XIV) improved highway con13 struction technologies and practices; 

14 ‘‘(XV) improved tools, tech15 nologies, and models for infrastructure 

16 management, including assessment and 

17 monitoring of infrastructure condition; 

18 ‘‘(XVI) studies to improve flexi19 bility and resiliency of infrastructure 

20 systems to withstand climate varia21 bility; 

22 ‘‘(XVII) studies on the effective23 ness of fiber-based additives to improve 

24 the durability of surface transportation 
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1 materials in various geographic re2 gions; 

3 ‘‘(XVIII) studies of infrastructure 

4 resilience and other adaptation meas5 ures; 

6 ‘‘(XIX) maintenance of seismic re7 search activities, including research 

8 carried out in conjunction with other 

9 Federal agencies to study the vulner10 ability of the transportation system to 

11 seismic activity and methods to reduce 

12 that vulnerability; and 

13 ‘‘(XX) technology transfer and 

14 adoption of permeable, pervious, or po15 rous paving materials, practices, and 

16 systems that are designed to minimize 

17 environmental impacts, stormwater 

18 runoff, and flooding and to treat or re19 move pollutants by allowing 

20 stormwater to infiltrate through the 

21 pavement in a manner similar to 

22 predevelopment hydrologic conditions. 

23 ‘‘(iv) LIFECYCLE COSTS ANALYSIS

24 STUDY.— 
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1 ‘‘(I) IN GENERAL.—In this clause, 

2 the term ‘lifecycle costs analysis’ means 

3 a process for evaluating the total eco4 nomic worth of a usable project seg5 ment by analyzing initial costs and 

6 discounted future costs, such as main7 tenance, user, reconstruction, rehabili8 tation, restoring, and resurfacing costs, 

9 over the life of the project segment. 

10 ‘‘(II) STUDY.—The Comptroller 

11 General shall conduct a study of the 

12 best practices for calculating lifecycle 

13 costs for federally funded highway 

14 projects. At a minimum, this study 

15 shall include a thorough literature re16 view and a survey of current lifecycle 

17 cost practices of State departments of 

18 transportation. 

19 ‘‘(III) CONSULTATION.—In car20 rying out this study, the Comptroller 

21 shall consult with, at a minimum— 

22 ‘‘(aa) the American Associa23 tion of State Highway and Trans24 portation Officials; 
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1 ‘‘(bb) appropriate experts in 

2 the field of lifecycle cost analysis; 

3 and 

4 ‘‘(cc) appropriate industry 

5 experts and research centers. 

6 ‘‘(IV) REPORT.—Not later than 1 

7 year after the date of enactment of the 

8 Transportation Research and Innova9 tive Technology Act of 2012, the Comp10 troller General shall submit to the 

11 Committee on Environment and Public 

12 Works of the Senate and the Committee 

13 on Transportation and Infrastructure 

14 of the House of Representatives a re15 port on the results of the study which 

16 shall include, but is not limited to— 

17 ‘‘(aa) a summary of the lat18 est research on lifecycle cost anal19 ysis; and 

20 ‘‘(bb) recommendations on 

21 the appropriate— 

22 ‘‘(AA) period of anal23 ysis; 

24 ‘‘(BB) design period; 
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1 ‘‘(CC) discount rates; 

2 and 

3 ‘‘(DD) use of actual ma4 terial life and maintenance 

5 cost data. 

6 ‘‘(C) STRENGTHENING TRANSPORTATION

7 PLANNING AND ENVIRONMENTAL DECISION8 MAKING.— 

9 ‘‘(i) IN GENERAL.—The Secretary shall 

10 carry out research— 

11 ‘‘(I) to improve transportation 

12 planning and environmental decision13 making processes; and 

14 ‘‘(II) to minimize the impact of 

15 surface transportation on the environ16 ment and quality of life. 

17 ‘‘(ii) OBJECTIVES.—In carrying out 

18 this subparagraph the Secretary shall carry 

19 out research and development activities— 

20 ‘‘(I) to reduce the impact of high21 way infrastructure and operations on 

22 the natural and human environment; 

23 ‘‘(II) to advance improvements in 

24 environmental analyses and processes 
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1 and context sensitive solutions for 

2 transportation decisionmaking; 

3 ‘‘(III) to improve construction 

4 techniques; 

5 ‘‘(IV) to accelerate construction to 

6 reduce congestion and related emis7 sions; 

8 ‘‘(V) to reduce the impact of high9 way runoff on the environment; 

10 ‘‘(VI) to maintain sustainability 

11 of biological communities and eco12 systems adjacent to highway corridors; 

13 ‘‘(VII) to improve understanding 

14 and modeling of the factors that con15 tribute to the demand for transpor16 tation; 

17 ‘‘(VIII) to improve transportation 

18 planning decisionmaking and coordi19 nation; and 

20 ‘‘(IX) to reduce the environmental 

21 impacts of freight movement. 

22 ‘‘(iii) CONTENTS.—Research and tech23 nology activities carried out under this sub24 paragraph may include— 
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1 ‘‘(I) creation of models and tools 

2 for evaluating transportation measures 

3 and transportation system designs; 

4 ‘‘(II) congestion reduction efforts; 

5 ‘‘(III) transportation and eco6 nomic development planning in rural 

7 areas and small communities; 

8 ‘‘(IV) improvement of State, local, 

9 and tribal capabilities relating to sur10 face transportation planning and the 

11 environment; 

12 ‘‘(V) environmental stewardship 

13 and sustainability activities; 

14 ‘‘(VI) streamlining of project de15 livery processes; 

16 ‘‘(VII) development of effective 

17 strategies and techniques to analyze 

18 and minimize impacts to the natural 

19 and human environment and provide 

20 environmentally beneficial mitigation; 

21 ‘‘(VIII) comprehensive multi22 national planning; 

23 ‘‘(IX) multistate transportation 

24 corridor planning; 
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1 ‘‘(X) improvement of transpor2 tation choices, including walking, bicy3 cling, and linkages to public transpor4 tation; 

5 ‘‘(XI) ecosystem sustainability; 

6 ‘‘(XII) wildlife and plant popu7 lation connectivity and interaction 

8 across and along highway corridors; 

9 ‘‘(XIII) analysis, measurement, 

10 and reduction of air pollution from 

11 transportation sources; 

12 ‘‘(XIV) advancement in the under13 standing of health impact analyses in 

14 transportation planning and project 

15 development; 

16 ‘‘(XV) transportation planning 

17 professional development; 

18 ‘‘(XVI) research on improving the 

19 cooperation and integration of trans20 portation planning with other regional 

21 plans, including land use, energy, 

22 water infrastructure, economic develop23 ment, and housing plans; 
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1 ‘‘(XVII) reducing the environ2 mental impacts of freight movement; 

3 and 

4 ‘‘(XVIII) alternative transpor5 tation fuels research. 

6 ‘‘(D) REDUCING CONGESTION, IMPROVING

7 HIGHWAY OPERATIONS, AND ENHANCING

8 FREIGHT PRODUCTIVITY.— 

9 ‘‘(i) IN GENERAL.—The Secretary shall 

10 carry out research under this subparagraph 

11 with the goals of— 

12 ‘‘(I) addressing congestion prob13 lems; 

14 ‘‘(II) reducing the costs of conges15 tion; 

16 ‘‘(III) improving freight move17 ment; 

18 ‘‘(IV) increasing productivity; 

19 and 

20 ‘‘(V) improving the economic com21 petitiveness of the United States. 

22 ‘‘(ii) OBJECTIVES.—In carrying out 

23 this subparagraph, the Secretary shall carry 

24 out research and development activities to 
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1 identify, develop, and assess innovations 

2 that have the potential— 

3 ‘‘(I) to reduce traffic congestion; 

4 ‘‘(II) to improve freight move5 ment; and 

6 ‘‘(III) to reduce freight-related 

7 congestion throughout the transpor8 tation network. 

9 ‘‘(iii) CONTENTS.—Research and tech10 nology activities carried out under this sub11 paragraph may include— 

12 ‘‘(I) active traffic and demand 

13 management; 

14 ‘‘(II) acceleration of the imple15 mentation of Intelligent Transpor16 tation Systems technology; 

17 ‘‘(III) advanced transportation 

18 concepts and analysis; 

19 ‘‘(IV) arterial management and 

20 traffic signal operation; 

21 ‘‘(V) congestion pricing; 

22 ‘‘(VI) corridor management; 

23 ‘‘(VII) emergency operations; 

24 ‘‘(VIII) research relating to ena25 bling technologies and applications; 
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1 ‘‘(IX) freeway management; 

2 ‘‘(X) evaluation of enabling tech3 nologies; 

4 ‘‘(XI) freight industry professional 

5 development; 

6 ‘‘(XII) impacts of vehicle size and 

7 weight on congestion; 

8 ‘‘(XIII) freight operations and 

9 technology; 

10 ‘‘(XIV) operations and freight 

11 performance measurement and man12 agement; 

13 ‘‘(XV) organization and planning 

14 for operations; 

15 ‘‘(XVI) planned special events 

16 management; 

17 ‘‘(XVII) real-time transportation 

18 information; 

19 ‘‘(XVIII) road weather manage20 ment; 

21 ‘‘(XIX) traffic and freight data 

22 and analysis tools; 

23 ‘‘(XX) traffic control devices; 

24 ‘‘(XXI) traffic incident manage25 ment; 
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1 ‘‘(XXII) work zone management; 

2 ‘‘(XXIII) communication of trav3 el, roadway, and emergency informa4 tion to persons with disabilities; and 

5 ‘‘(XXIV) research on enhanced 

6 mode choice and intermodal 

7 connectivity. 

8 ‘‘(E) ASSESSING POLICY AND SYSTEM FI9 NANCING ALTERNATIVES.— 

10 ‘‘(i) IN GENERAL.—The Secretary shall 

11 carry out research and technology on emerg12 ing issues in the domestic and international 

13 transportation community from a policy 

14 perspective. 

15 ‘‘(ii) OBJECTIVES.—Research and tech16 nology activities carried out under this sub17 paragraph shall provide information to pol18 icy and decisionmakers on current and 

19 emerging transportation issues. 

20 ‘‘(iii) RESEARCH ACTIVITIES.—Activi21 ties carried out under this subparagraph 

22 shall include— 

23 ‘‘(I) the planning and integration 

24 of a coordinated program related to the 

25 possible design, interoperability, and 
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1 institutional roles of future sustainable 

2 transportation revenue mechanisms; 

3 ‘‘(II) field trials to research poten4 tial alternative revenue mechanisms, 

5 and the Secretary may partner with 

6 individual States, groups of States, or 

7 other entities to implement such trials; 

8 and 

9 ‘‘(III) other activities to study 

10 new methods which preserve a user-fee 

11 structure to maintain the long-term 

12 solvency of the Highway Trust Fund. 

13 ‘‘(iv) CONTENTS.—Research and tech14 nology activities carried out under this sub15 paragraph may include— 

16 ‘‘(I) highway needs and invest17 ment analysis; 

18 ‘‘(II) a motor fuel tax evasion 

19 program; 

20 ‘‘(III) advancing innovations in 

21 revenue generation, financing, and 

22 procurement for project delivery; 

23 ‘‘(IV) improving the accuracy of 

24 project cost analyses; 
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1 ‘‘(V) highway performance meas2 urement; 

3 ‘‘(VI) travel demand performance 

4 measurement; 

5 ‘‘(VII) highway finance perform6 ance measurement; 

7 ‘‘(VIII) international technology 

8 exchange initiatives; 

9 ‘‘(IX) infrastructure investment 

10 needs reports; 

11 ‘‘(X) promotion of the tech12 nologies, products, and best practices of 

13 the United States; and 

14 ‘‘(XI) establishment of partner15 ships among the United States, foreign 

16 agencies, and transportation experts. 

17 ‘‘(v) FUNDING.—Of the funds author18 ized to carry out this subsection, no less 

19 than 50 percent shall be used to carry out 

20 clause (iii). 

21 ‘‘(F) INFRASTRUCTURE INVESTMENT NEEDS

22 REPORT.— 

23 ‘‘(i) IN GENERAL.—Not later than July 

24 31, 2012, and July 31 of every second year 

25 thereafter, the Secretary shall submit to the 
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1 Committee on Transportation and Infra2 structure of the House of Representatives 

3 and the Committee on Environment and 

4 Public Works of the Senate a report that de5 scribes estimates of the future highway and 

6 bridge needs of the United States and the 

7 backlog of current highway and bridge 

8 needs. 

9 ‘‘(ii) COMPARISONS.—Each report 

10 under clause (i) shall include all informa11 tion necessary to relate and compare the 

12 conditions and service measures used in the 

13 previous biennial reports to conditions and 

14 service measures used in the current report. 

15 ‘‘(iii) INCLUSIONS.—Each report under 

16 clause (i) shall provide recommendations to 

17 Congress on changes to the Highway Per18 formance Monitoring System that address— 

19 ‘‘(I) improvements to the quality 

20 and standardization of data collection 

21 on all functional classifications of Fed22 eral-aid highways for accurate system 

23 length, lane length, and vehicle-mile of 

24 travel; and 
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1 ‘‘(II) changes to the reporting re2 quirements authorized under section 

3 315, to reflect recommendations under 

4 this paragraph for collection, storage, 

5 analysis, reporting, and display of 

6 data for Federal-aid highways and, to 

7 the maximum extent practical, all pub8 lic roads. 

9 ‘‘(G) EXPLORING NEXT GENERATION SOLU10 TIONS AND CAPITALIZING ON THE HIGHWAY RE11 SEARCH CENTER.— 

12 ‘‘(i) IN GENERAL.—The Secretary shall 

13 carry out research and development activi14 ties relating to exploratory advanced re15 search— 

16 ‘‘(I) to leverage the targeted capa17 bilities of the Turner-Fairbank High18 way Research Center to develop tech19 nologies and innovations of national 

20 importance; and 

21 ‘‘(II) to develop potentially trans22 formational solutions to improve the 

23 durability, efficiency, environmental 

24 impact, productivity, and safety as-
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1 pects of highway and intermodal 

2 transportation systems. 

3 ‘‘(ii) CONTENTS.—Research and tech4 nology activities carried out under this sub5 paragraph may include— 

6 ‘‘(I) long-term, high-risk research 

7 to improve the materials used in high8 way infrastructure; 

9 ‘‘(II) exploratory research to as10 sess the effects of transportation deci11 sions on human health; 

12 ‘‘(III) advanced development of 

13 surrogate measures for highway safety; 

14 ‘‘(IV) transformational research to 

15 affect complex environmental and high16 way system relationships; 

17 ‘‘(V) development of economical 

18 and environmentally sensitive designs, 

19 efficient and quality-controlled con20 struction practices, and durable mate21 rials; 

22 ‘‘(VI) development of advanced 

23 data acquisition techniques for system 

24 condition and performance monitoring; 
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1 ‘‘(VII) inclusive research for hour2 to-hour operational decisionmaking 

3 and simulation forecasting; 

4 ‘‘(VIII) understanding current 

5 and emerging phenomena to inform 

6 next generation transportation policy 

7 decisionmaking; and 

8 ‘‘(IX) continued improvement and 

9 advancement of the Turner-Fairbank 

10 Highway Research Center. 

11 ‘‘(H) ALIGNING NATIONAL CHALLENGES AND

12 DISSEMINATING INFORMATION.— 

13 ‘‘(i) IN GENERAL.—The Secretary shall 

14 conduct research and development activi15 ties— 

16 ‘‘(I) to establish a nationally co17 ordinated highway research agenda 

18 that— 

19 ‘‘(aa) focuses on topics of na20 tional significance; 

21 ‘‘(bb) addresses current gaps 

22 in research; 

23 ‘‘(cc) encourages collabora24 tion; 
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1 ‘‘(dd) reduces unnecessary 

2 duplication of effort; and 

3 ‘‘(ee) accelerates innovation 

4 delivery; and 

5 ‘‘(II) to provide relevant informa6 tion to researchers and highway and 

7 transportation practitioners to im8 prove the performance of the transpor9 tation system. 

10 ‘‘(ii) CONTENTS.—Research and tech11 nology activities carried out under this sub12 paragraph may include— 

13 ‘‘(I) coordination, development, 

14 and implementation of a national 

15 highway research agenda; 

16 ‘‘(II) collaboration on national 

17 emphasis areas of highway research 

18 and coordination among international, 

19 Federal, State, and university research 

20 programs; 

21 ‘‘(III) development and delivery of 

22 research reports and innovation deliv23 ery messages; 
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1 ‘‘(IV) identification of market2 ready technologies and innovations; 

3 and 

4 ‘‘(V) provision of access to data 

5 developed under this subparagraph to 

6 the public, including researchers, stake7 holders, and customers, through a pub8 licly accessible Internet site. 

9 ‘‘(c) TECHNOLOGY AND INNOVATION DEPLOYMENT

10 PROGRAM.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall carry 

12 out a technology and innovation deployment program 

13 relating to all aspects of highway transportation, in14 cluding planning, financing, operation, structures, 

15 materials, pavements, environment, construction, and 

16 the duration of time between project planning and 

17 project delivery, with the goals of— 

18 ‘‘(A) significantly accelerating the adoption 

19 of innovative technologies by the surface trans20 portation community; 

21 ‘‘(B) providing leadership and incentives to 

22 demonstrate and promote state-of-the-art tech23 nologies, elevated performance standards, and 

24 new business practices in highway construction 

25 processes that result in improved safety, faster 
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1 construction, reduced congestion from construc2 tion, and improved quality and user satisfaction; 

3 ‘‘(C) constructing longer-lasting highways 

4 through the use of innovative technologies and 

5 practices that lead to faster construction of effi6 cient and safe highways and bridges; 

7 ‘‘(D) improving highway efficiency, safety, 

8 mobility, reliability, service life, environmental 

9 protection, and sustainability; and 

10 ‘‘(E) developing and deploying new tools, 

11 techniques, and practices to accelerate the adop12 tion of innovation in all aspects of highway 

13 transportation. 

14 ‘‘(2) IMPLEMENTATION.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 promote, facilitate, and carry out the program 

17 established under paragraph (1) to distribute the 

18 products, technologies, tools, methods, or other 

19 findings that result from highway research and 

20 development activities, including research and 

21 development activities carried out under this 

22 chapter. 

23 ‘‘(B) ACCELERATED INNOVATION DEPLOY24 MENT.—In carrying out the program established 

25 under paragraph (1), the Secretary shall— 
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1 ‘‘(i) establish and carry out demonstra2 tion programs; 

3 ‘‘(ii) provide incentives, technical as4 sistance, and training to researchers and 

5 developers; and 

6 ‘‘(iii) develop improved tools and meth7 ods to accelerate the adoption of proven in8 novative practices and technologies as 

9 standard practices. 

10 ‘‘(C) IMPLEMENTATION OF FUTURE STRA11 TEGIC HIGHWAY RESEARCH PROGRAM FINDINGS

12 AND RESULTS.— 

13 ‘‘(i) IN GENERAL.—The Secretary, in 

14 consultation with the American Association 

15 of State Highway and Transportation Offi16 cials and the Transportation Research 

17 Board of the National Academy of Sciences, 

18 shall implement the findings and rec19 ommendations developed under the future 

20 strategic highway research program estab21 lished under section 510. 

22 ‘‘(ii) BASIS FOR FINDINGS.—The ac23 tivities carried out under this subparagraph 

24 shall be based on the report submitted to 

25 Congress by the Transportation Research 
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1 Board of the National Academy of Sciences 

2 under section 510(e). 

3 ‘‘(iii) PERSONNEL.—The Secretary 

4 may use funds made available to carry out 

5 this subsection for administrative costs 

6 under this subparagraph, which funds shall 

7 be used in addition to any other funds 

8 made available for that purpose. 

9 ‘‘(iv) FEES.— 

10 ‘‘(I) IN GENERAL.—The Secretary 

11 may impose and collect fees to recover 

12 costs associated with special data or 

13 analysis requests relating to safety nat14 uralistic driving databases developed 

15 under the future of strategic highway 

16 research program. 

17 ‘‘(II) USE OF FEE AMOUNTS.— 

18 ‘‘(aa) IN GENERAL.—Any 

19 fees collected under this clause 

20 shall be made available to the Sec21 retary to carry out this section 

22 and shall remain available for ex23 penditure until expended. 

24 ‘‘(bb) SUPPLEMENT, NOT

25 SUPPLANT.—Any fee amounts col-
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1 lected under this clause shall sup2 plement, but not supplant, 

3 amounts made available to the 

4 Secretary to carry out this title. 

5 ‘‘(3) ACCELERATED IMPLEMENTATION AND DE6 PLOYMENT OF PAVEMENT TECHNOLOGIES.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall es8 tablish and implement a program under the 

9 technology and innovation deployment program 

10 to promote, implement, deploy, demonstrate, 

11 showcase, support, and document the application 

12 of innovative pavement technologies, practices, 

13 performance, and benefits. 

14 ‘‘(B) GOALS.—The goals of the accelerated 

15 implementation and deployment of pavement 

16 technologies program shall include— 

17 ‘‘(i) the deployment of new, cost-effec18 tive designs, materials, recycled materials, 

19 and practices to extend the pavement life 

20 and performance and to improve user satis21 faction; 

22 ‘‘(ii) the reduction of initial costs and 

23 lifecycle costs of pavements, including the 

24 costs of new construction, replacement, 

25 maintenance, and rehabilitation; 
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1 ‘‘(iii) the deployment of accelerated 

2 construction techniques to increase safety 

3 and reduce construction time and traffic 

4 disruption and congestion; 

5 ‘‘(iv) the deployment of engineering de6 sign criteria and specifications for new and 

7 efficient practices, products, and materials 

8 for use in highway pavements; 

9 ‘‘(v) the deployment of new non10 destructive and real-time pavement evalua11 tion technologies and construction tech12 niques; and 

13 ‘‘(vi) effective technology transfer and 

14 information dissemination to accelerate im15 plementation of new technologies and to im16 prove life, performance, cost effectiveness, 

17 safety, and user satisfaction. 

18 ‘‘(C) FUNDING.—The Secretary shall obli19 gate for each of fiscal years 2012 through 2013 

20 from funds made available to carry out this sub21 section— 

22 ‘‘(i) $6,000,000 to accelerate the de23 ployment and implementation of asphalt 

24 pavement technology; and 
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1 ‘‘(ii) $6,000,000 to accelerate the de2 ployment and implementation of concrete 

3 pavement technology used in highways on 

4 the national highway system. 

5 ‘‘(D) ADMINISTRATION.— 

6 ‘‘(i) IN GENERAL.—The implementa7 tion and deployment activities to be carried 

8 out under this paragraph shall be identified 

9 and conducted in collaboration with indus10 try, State departments of transportation, 

11 the Federal Highway Administration, the 

12 National Academy of Sciences, and other 

13 appropriate entities, using the respective 

14 road maps (the Concrete Pavement Road 

15 Map and National Asphalt Roadmap) as a 

16 guide. 

17 ‘‘(ii) COLLABORATION.—The Federal 

18 Highway Administration shall collaborate 

19 with organizations that have a proven track 

20 record of effective technology deployment on 

21 a national scale, stakeholder involvement, 

22 and leveraging of public sector investment. 

23 ‘‘(iii) ADVISORY COMMITTEE.—A pave24 ment technology implementation advisory 

25 committee comprised of key stakeholders, in-
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1 cluding the Federal Highway Administra2 tion, State departments of transportation, 

3 and the pavement industry, shall be estab4 lished to oversee and advise the program ef5 forts. 

6 ‘‘(iv) REPORT.—The Secretary shall 

7 annually submit to the Committee on Envi8 ronment and Public Works of the Senate 

9 and the Committee on Transportation and 

10 Infrastructure of the House of Representa11 tives a report that details the progress and 

12 results of the activities carried out under 

13 this paragraph. 

14 ‘‘(d) AIR QUALITY AND CONGESTION MITIGATION

15 MEASURE OUTCOMES ASSESSMENT RESEARCH.— 

16 ‘‘(1) IN GENERAL.—The Secretary, in consulta17 tion with the Administrator of the Environmental 

18 Protection Agency, shall carry out a research pro19 gram to examine the outcomes of actions funded 

20 under the congestion mitigation and air quality im21 provement program since the enactment of the 

22 SAFETEA–LU (Public Law 109–59). 

23 ‘‘(2) GOALS.—The goals of the program shall in24 clude— 
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1 ‘‘(A) the assessment and documentation, 

2 through outcomes research conducted on a rep3 resentative sample of cases, of— 

4 ‘‘(i) the emission reductions achieved 

5 by federally supported surface transpor6 tation actions intended to reduce emissions 

7 or lessen traffic congestion; and 

8 ‘‘(ii) the air quality and human health 

9 impacts of those actions, including potential 

10 unrecognized or indirect consequences, at11 tributable to those actions; 

12 ‘‘(B) an expanded base of empirical evi13 dence on the air quality and human health im14 pacts of actions described in paragraph (1); and 

15 ‘‘(C) an increase in knowledge of— 

16 ‘‘(i) the factors determining the air 

17 quality and human health changes associ18 ated with transportation emission reduction 

19 actions; and 

20 ‘‘(ii) other information to more accu21 rately understand the validity of current es22 timation and modeling routines and ways 

23 to improve those routines. 

24 ‘‘(3) ADMINISTRATIVE ELEMENTS.—To carry out 

25 this subsection, the Secretary shall— 
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1 ‘‘(A) make a grant for the coordination, se2 lection, management, and reporting of compo3 nent studies to an independent scientific research 

4 organization with the necessary experience in 

5 successfully conducting accountability and other 

6 studies on mobile source air pollutants and asso7 ciated health effects; 

8 ‘‘(B) ensure that case studies are identified 

9 and conducted by teams selected through a com10 petitive solicitation overseen by an independent 

11 committee of unbiased experts; and 

12 ‘‘(C) ensure that all findings and reports 

13 are peer-reviewed and published in a form that 

14 presents the findings together with reviewer com15 ments. 

16 ‘‘(4) REPORT.—The Secretary shall submit to the 

17 Committee on Environment and Public Works of the 

18 Senate and the Committee on Transportation and In19 frastructure of the House of Representatives— 

20 ‘‘(A) not later than 1 year after the date of 

21 enactment of the MAP–21, and for the following 

22 year, a report providing an initial scoping and 

23 plan, and status updates, respectively, for the 

24 program under this subsection; and 
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1 ‘‘(B) not later than 2 years after the date 

2 of enactment of the MAP–21, a final report that 

3 describes the findings of, and recommendations 

4 resulting from, the program under this sub5 section. 

6 ‘‘(5) FUNDING.—Of the amounts made available 

7 to carry out this section, the Secretary shall make 

8 available to carry out this subsection not more than 

9 $1,000,000 for each fiscal year.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

11 chapter 5 of title 23, United States Code, is amended by 

12 striking the item relating to section 503 and inserting the 

13 following: 

‘‘503. Research and technology development and deployment.’’. 

14 SEC. 52004. TRAINING AND EDUCATION. 

15 Section 504 of title 23, United States Code, is amend16 ed— 

17 (1) in subsection (a)— 

18 (A) in paragraph (2)(A) by inserting ‘‘and 

19 the employees of any other applicable Federal 

20 agency’’ before the semicolon at the end; 

21 (B) in paragraph (3)(A)(ii)(V) by striking 

22 ‘‘expediting’’ and inserting ‘‘reducing the 

23 amount of time required for’’; 

24 (C) by striking paragraph (4); 
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1 (D) by redesignating paragraphs (5) 

2 through (8) as paragraphs (4) through (7), re3 spectively; and 

4 (E) in paragraph (7) (as redesignated by 

5 subparagraph (D)) by striking ‘‘paragraph (7)’’ 

6 and inserting ‘‘paragraph (6)’’; 

7 (2) in subsection (b) by striking paragraph (3) 

8 and inserting the following: 

9 ‘‘(3) FEDERAL SHARE.— 

10 ‘‘(A) LOCAL TECHNICAL ASSISTANCE CEN11 TERS.— 

12 ‘‘(i) IN GENERAL.—Subject to subpara13 graph (B), the Federal share of the cost of 

14 an activity carried out by a local technical 

15 assistance center under paragraphs (1) and 

16 (2) shall be 50 percent. 

17 ‘‘(ii) NON-FEDERAL SHARE.—The non18 Federal share of the cost of an activity de19 scribed in clause (i) may consist of amounts 

20 provided to a recipient under subsection (e) 

21 or section 505, up to 100 percent of the non22 Federal share. 

23 ‘‘(B) TRIBAL TECHNICAL ASSISTANCE CEN24 TERS.—The Federal share of the cost of an activ25 ity carried out by a tribal technical assistance 
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1 center under paragraph (2)(D)(ii) shall be 100 

2 percent.’’; 

3 (3) in subsection (c)(2)— 

4 (A) by striking ‘‘The Secretary’’ and insert5 ing the following: 

6 ‘‘(A) IN GENERAL.—The Secretary’’; 

7 (B) in subparagraph (A) (as designated by 

8 subparagraph (A)) by striking ‘‘. The program’’ 

9 and inserting ‘‘, which program’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(B) USE OF AMOUNTS.—Amounts provided 

12 to institutions of higher education to carry out 

13 this paragraph shall be used to provide direct 

14 support of student expenses.’’; 

15 (4) in subsection (e)(1)— 

16 (A) in the matter preceding subparagraph 

17 (A) by striking ‘‘sections 104(b)(1), 104(b)(2), 

18 104(b)(3), 104(b)(4), and 144(e)’’ and inserting 

19 ‘‘paragraphs (1) through (4) of section 104(b)’’; 

20 (B) in subparagraph (D) by striking ‘‘and’’ 

21 at the end; 

22 (C) in subparagraph (E) by striking the pe23 riod and inserting a semicolon; and 

24 (D) by adding at the end the following: 
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1 ‘‘(F) meetings of transportation profes2 sionals that include education and professional 

3 development activities; 

4 ‘‘(G) activities carried out by the National 

5 Highway Institute under subsection (a); and 

6 ‘‘(H) local technical assistance programs 

7 under subsection (b).’’; 

8 (5) in subsection (f) in the heading, by striking 

9 ‘‘PILOT’’; 

10 (6) in subsection (g)(4)(F) by striking ‘‘excel11 lence’’ and inserting ‘‘stewardship’’; and 

12 (7) by adding at the end the following: 

13 ‘‘(h) CENTERS FOR SURFACE TRANSPORTATION EX14 CELLENCE.— 

15 ‘‘(1) IN GENERAL.—The Secretary may make 

16 grants under this section to establish and maintain 

17 centers for surface transportation excellence. 

18 ‘‘(2) GOALS.—The goals of a center referred to in 

19 paragraph (1) shall be to promote and support stra20 tegic national surface transportation programs and 

21 activities relating to the work of State departments of 

22 transportation in the areas of environment, surface 

23 transportation safety, rural safety, and project fi24 nance.’’. 
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1 SEC. 52005. STATE PLANNING AND RESEARCH. 

2 Section 505 of title 23, United States Code, is amend3 ed— 

4 (1) in subsection (a)— 

5 (A) in the matter preceding paragraph (1) 

6 by striking ‘‘section 104 (other than sections 

7 104(f) and 104(h)) and under section 144’’ and 

8 inserting ‘‘paragraphs (1) through (5) of section 

9 104(b)’’; and 

10 (B) in paragraph (3) by striking ‘‘under 

11 section 303’’ and inserting ‘‘, plans, and proc12 esses under sections 119, 148, 149, and 167’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1) by striking ‘‘25’’ and 

15 inserting ‘‘24’’; and 

16 (B) in paragraph (2) by striking ‘‘75 per17 cent of the funds described in paragraph (1)’’ 

18 and inserting ‘‘70 percent of the funds described 

19 in subsection (a)’’; 

20 (3) by redesignating subsections (c) and (d) as 

21 subsections (d) and (e), respectively; 

22 (4) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC HIGH25 WAY RESEARCH PROGRAM FINDINGS AND RESULTS.— 
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1 ‘‘(1) FUNDS.—Not less than 6 percent of the 

2 funds subject to subsection (a) that are apportioned to 

3 a State for a fiscal year shall be made available to 

4 the Secretary to carry out section 503(c)(2)(C). 

5 ‘‘(2) TREATMENT OF FUNDS.—Funds expended 

6 under paragraph (1) shall not be considered to be 

7 part of the extramural budget of the agency for the 

8 purpose of section 9 of the Small Business Act (15 

9 U.S.C. 638).’’; and 

10 (5) in paragraph (e) (as so redesignated) by 

11 striking ‘‘section 118(b)(2)’’ and inserting ‘‘section 

12 118(b)’’. 

13 SEC. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION 

14 PROGRAM. 

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

16 SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL 

17 COOPERATIVE RESEARCH PROGRAM. 

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

19 SEC. 52008. NATIONAL COOPERATIVE FREIGHT RESEARCH. 

20 Section 509(d) of title 23, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(6) COORDINATION OF COOPERATIVE RE23 SEARCH.—The National Academy of Sciences shall 

24 coordinate research agendas, research project selec25 tions, and competitions across all transportation-re-
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1 lated cooperative research programs carried out by the 

2 National Academy of Sciences to ensure program effi3 ciency, effectiveness, and the dissemination of research 

4 findings.’’. 

5 SEC. 52009. PRIZE AUTHORITY. 

6 (a) IN GENERAL.—Chapter 3 of title 49, United States 

7 Code, is amended by inserting before section 336 the fol8 lowing: 

9 ‘‘§ 335. Prize authority 

10 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

11 may carry out a program, in accordance with this section, 

12 to competitively award cash prizes to stimulate innovation 

13 in basic and applied research, technology development, and 

14 prototype demonstration that have the potential for appli15 cation to the national transportation system. 

16 ‘‘(b) TOPICS.—In selecting topics for prize competi17 tions under this section, the Secretary shall— 

18 ‘‘(1) consult with a wide variety of Government 

19 and nongovernment representatives; and 

20 ‘‘(2) give consideration to prize goals that dem21 onstrate innovative approaches and strategies to im22 prove the safety, efficiency, and sustainability of the 

23 national transportation system. 
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1 ‘‘(c) ADVERTISING.—The Secretary shall encourage 

2 participation in the prize competitions through extensive 

3 advertising. 

4 ‘‘(d) REQUIREMENTS AND REGISTRATION.—For each 

5 prize competition, the Secretary shall publish a notice on 

6 a public website that describes— 

7 ‘‘(1) the subject of the competition; 

8 ‘‘(2) the eligibility rules for participation in the 

9 competition; 

10 ‘‘(3) the amount of the prize; and 

11 ‘‘(4) the basis on which a winner will be selected. 

12 ‘‘(e) ELIGIBILITY.—An individual or entity may not 

13 receive a prize under this section unless the individual or 

14 entity— 

15 ‘‘(1) has registered to participate in the competi16 tion pursuant to any rules promulgated by the Sec17 retary under this section; 

18 ‘‘(2) has complied with all the requirements 

19 under this section; 

20 ‘‘(3)(A) in the case of a private entity, is incor21 porated in, and maintains a primary place of busi22 ness in, the United States; or 

23 ‘‘(B) in the case of an individual, whether 

24 participating singly or in a group, is a citizen 

25 or permanent resident of the United States; and 
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1 ‘‘(4) is not a Federal entity or Federal employee 

2 acting within the scope of his or her employment. 

3 ‘‘(f) LIABILITY.— 

4 ‘‘(1) ASSUMPTION OF RISK.— 

5 ‘‘(A) IN GENERAL.—A registered partici6 pant shall agree to assume any and all risks and 

7 waive claims against the Federal Government 

8 and its related entities, except in the case of will9 ful misconduct, for any injury, death, damage, 

10 or loss of property, revenue, or profits, whether 

11 direct, indirect, or consequential, arising from 

12 participation in a competition, whether such in13 jury, death, damage, or loss arises through neg14 ligence or otherwise. 

15 ‘‘(B) RELATED ENTITY.—In this paragraph, 

16 the term ‘related entity’ means a contractor, sub17 contractor (at any tier), supplier, user, customer, 

18 cooperating party, grantee, investigator, or 

19 detailee. 

20 ‘‘(2) FINANCIAL RESPONSIBILITY.—A partici21 pant shall obtain liability insurance or demonstrate 

22 financial responsibility, in amounts determined by 

23 the Secretary, for claims by— 

24 ‘‘(A) a third party for death, bodily injury, 

25 or property damage, or loss resulting from an 
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1 activity carried out in connection with partici2 pation in a competition, with the Federal Gov3 ernment named as an additional insured under 

4 the registered participant’s insurance policy and 

5 registered participants agreeing to indemnify the 

6 Federal Government against third party claims 

7 for damages arising from or related to competi8 tion activities; and 

9 ‘‘(B) the Federal Government for damage or 

10 loss to Government property resulting from such 

11 an activity. 

12 ‘‘(g) JUDGES.— 

13 ‘‘(1) SELECTION.—For each prize competition, 

14 the Secretary, either directly or through an agreement 

15 under subsection (h), shall assemble a panel of quali16 fied judges to select the winner or winners of the prize 

17 competition on the basis described in subsection (d). 

18 Judges for each competition shall include individuals 

19 from outside the Administration, including the pri20 vate sector. 

21 ‘‘(2) LIMITATIONS.—A judge selected under this 

22 subsection may not— 

23 ‘‘(A) have personal or financial interests in, 

24 or be an employee, officer, director, or agent of, 
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1 any entity that is a registered participant in a 

2 prize competition under this section; or 

3 ‘‘(B) have a familial or financial relation4 ship with an individual who is a registered par5 ticipant. 

6 ‘‘(h) ADMINISTERING THE COMPETITION.—The Sec7 retary may enter into an agreement with a private, non8 profit entity to administer the prize competition, subject to 

9 the provisions of this section. 

10 ‘‘(i) FUNDING.— 

11 ‘‘(1) PRIVATE SECTOR FUNDING.—A cash prize 

12 under this section may consist of funds appropriated 

13 by the Federal Government and funds provided by the 

14 private sector. The Secretary may accept funds from 

15 other Federal agencies, State and local governments, 

16 and metropolitan planning organizations for the cash 

17 prizes. The Secretary may not give any special con18 sideration to any private sector entity in return for 

19 a donation under this paragraph. 

20 ‘‘(2) AVAILABILITY OF FUNDS.—Notwithstanding 

21 any other provision of law, amounts appropriated for 

22 prize awards under this section— 

23 ‘‘(A) shall remain available until expended; 

24 and 
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1 ‘‘(B) may not be transferred, repro2 grammed, or expended for other purposes until 

3 after the expiration of the 10-year period begin4 ning on the last day of the fiscal year for which 

5 the funds were originally appropriated. 

6 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub7 section may be construed to permit the obligation or 

8 payment of funds in violation of the Anti-Deficiency 

9 Act (31 U.S.C. 1341). 

10 ‘‘(4) PRIZE ANNOUNCEMENT.—A prize may not 

11 be announced under this section until all the funds 

12 needed to pay out the announced amount of the prize 

13 have been appropriated or committed in writing by 

14 a private source. 

15 ‘‘(5) PRIZE INCREASES.—The Secretary may in16 crease the amount of a prize after the initial an17 nouncement of the prize under this section if— 

18 ‘‘(A) notice of the increase is provided in 

19 the same manner as the initial notice of the 

20 prize; and 

21 ‘‘(B) the funds needed to pay out the an22 nounced amount of the increase have been appro23 priated or committed in writing by a private 

24 source. 
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1 ‘‘(6) CONGRESSIONAL NOTIFICATION.—A prize 

2 competition under this section may offer a prize in 

3 an amount greater than $1,000,000 only after 30 

4 days have elapsed after written notice has been trans5 mitted to the Committee on Commerce, Science, and 

6 Transportation of the Senate and the Committee on 

7 Science, Space, and Technology of the House of Rep8 resentatives. 

9 ‘‘(7) AWARD LIMIT.—A prize competition under 

10 this section may not result in the award of more than 

11 $25,000 in cash prizes without the approval of the 

12 Secretary. 

13 ‘‘(j) USE OF DEPARTMENT NAME AND INSIGNIA.—A 

14 registered participant in a prize competition under this sec15 tion may use the Department’s name, initials, or insignia 

16 only after prior review and written approval by the Sec17 retary. 

18 ‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Federal 

19 Government shall not, by virtue of offering or providing a 

20 prize under this section, be responsible for compliance by 

21 registered participants in a prize competition with Federal 

22 law, including licensing, export control, and non-prolifera23 tion laws, and related regulations.’’. 

24 (b) CONFORMING AMENDMENT.—The analysis for 

25 chapter 3 of title 49, United States Code, is amended by 
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1 inserting before the item relating to section 336 the fol2 lowing: 

‘‘335. Prize authority’’. 

3 SEC. 52010. UNIVERSITY TRANSPORTATION CENTERS PRO4 GRAM. 

5 (a) IN GENERAL.—Section 5505 of title 49, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 5505. University transportation centers program 

8 ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PRO9 GRAM.— 

10 ‘‘(1) ESTABLISHMENT AND OPERATION.—The 

11 Secretary shall make grants under this section to eli12 gible nonprofit institutions of higher education to es13 tablish and operate university transportation centers. 

14 ‘‘(2) ROLE OF CENTERS.—The role of each uni15 versity transportation center referred to in paragraph 

16 (1) shall be— 

17 ‘‘(A) to advance transportation expertise 

18 and technology in the varied disciplines that 

19 comprise the field of transportation through edu20 cation, research, and technology transfer activi21 ties; 

22 ‘‘(B) to provide for a critical transportation 

23 knowledge base outside of the Department of 

24 Transportation; and 
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1 ‘‘(C) to address critical workforce needs and 

2 educate the next generation of transportation 

3 leaders. 

4 ‘‘(b) COMPETITIVE SELECTION PROCESS.— 

5 ‘‘(1) APPLICATIONS.—To receive a grant under 

6 this section, a nonprofit institution of higher edu7 cation shall submit to the Secretary an application 

8 that is in such form and contains such information 

9 as the Secretary may require. 

10 ‘‘(2) RESTRICTION.—Institutions may not apply 

11 for both a national transportation center and a re12 gional transportation center. 

13 ‘‘(3) GENERAL SELECTION CRITERIA.— 

14 ‘‘(A) IN GENERAL.—Except as otherwise 

15 provided by this section, the Secretary shall 

16 award grants under this section in nonexclusive 

17 candidate topic areas established by the Sec18 retary that address the research priorities identi19 fied in section 503 of title 23. 

20 ‘‘(B) CRITERIA.—The Secretary, in con21 junction with the Administrators of the Federal 

22 Highway Administration and the Federal Tran23 sit Administration, shall select each recipient of 

24 a grant under this section through a competitive 
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1 process based on the assessment of the Secretary 

2 relating to— 

3 ‘‘(i) the demonstrated ability of the re4 cipient to address each specific topic area 

5 described in the research and strategic plans 

6 of the recipient; 

7 ‘‘(ii) the demonstrated research, tech8 nology transfer, and education resources 

9 available to the recipient to carry out this 

10 section; 

11 ‘‘(iii) the ability of the recipient to 

12 provide leadership in solving immediate 

13 and long-range national and regional trans14 portation problems; 

15 ‘‘(iv) the ability of the recipient to 

16 carry out research, education, and tech17 nology transfer activities that are 

18 multimodal and multidisciplinary in scope; 

19 ‘‘(v) the demonstrated commitment of 

20 the recipient to carry out transportation 

21 workforce development programs through— 

22 ‘‘(I) degree-granting programs; 

23 ‘‘(II) training seminars for prac24 ticing professionals; 
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1 ‘‘(III) outreach activities to at2 tract new entrants into the transpor3 tation field, including women, minori4 ties, and persons from disadvantaged 

5 communities; and 

6 ‘‘(IV) primary and secondary 

7 school transportation workforce out8 reach; 

9 ‘‘(vi) the demonstrated ability of the 

10 recipient to disseminate results and spur 

11 the implementation of transportation re12 search and education programs through na13 tional or statewide continuing education 

14 programs; 

15 ‘‘(vii) the demonstrated commitment of 

16 the recipient to the use of peer review prin17 ciples and other research best practices in 

18 the selection, management, and dissemina19 tion of research projects; 

20 ‘‘(viii) the strategic plan submitted by 

21 the recipient describing the proposed re22 search to be carried out by the recipient and 

23 the performance metrics to be used in as24 sessing the performance of the recipient in 
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1 meeting the stated research, technology 

2 transfer, education, and outreach goals; and 

3 ‘‘(ix) the ability of the recipient to im4 plement the proposed program in a cost-effi5 cient manner, such as through cost sharing 

6 and overall reduced overhead, facilities, and 

7 administrative costs. 

8 ‘‘(c) GRANTS.— 

9 ‘‘(1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of the Transportation Research 

11 and Innovative Technology Act of 2012, the Secretary, 

12 in conjunction with the Administrators of the Federal 

13 Highway Administration and the Federal Transit 

14 Administration, shall select grant recipients under 

15 subsection (b) and make grant amounts available to 

16 the selected recipients. 

17 ‘‘(2) NATIONAL TRANSPORTATION CENTERS.— 

18 ‘‘(A) IN GENERAL.—For each of fiscal years 

19 2012 and 2013, and subject to subparagraph 

20 (B), the Secretary shall provide grants to 5 re21 cipients that the Secretary determines best meet 

22 the criteria described in subsection (b)(3). 

23 ‘‘(B) RESTRICTIONS.— 

24 ‘‘(i) IN GENERAL.—For each fiscal 

25 year, a grant made available under this 
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† HR 4348 EAS 

1 paragraph shall not exceed $3,250,000 per 

2 recipient. 

3 ‘‘(ii) FOCUSED RESEARCH.—The grant 

4 recipients under this paragraph shall focus 

5 research on national transportation issues, 

6 as determined by the Secretary. 

7 ‘‘(C) MATCHING REQUIREMENT.— 

8 ‘‘(i) IN GENERAL.—As a condition of 

9 receiving a grant under this paragraph, a 

10 grant recipient shall match 100 percent of 

11 the amounts made available under the 

12 grant. 

13 ‘‘(ii) SOURCES.—The matching 

14 amounts referred to in clause (i) may in15 clude amounts made available to the recipi16 ent under— 

17 ‘‘(I) section 504(b) or 505 of title 

18 23; and 

19 ‘‘(II) a transportation-related 

20 grant from the National Science Foun21 dation subject to prior approval by the 

22 Secretary. 

23 ‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION

24 CENTERS.— 
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1 ‘‘(A) LOCATION OF REGIONAL CENTERS.— 

2 One regional university transportation center 

3 shall be located in each of the 10 Federal regions 

4 that comprise the Standard Federal Regions es5 tablished by the Office of Management and 

6 Budget in the document entitled ‘Standard Fed7 eral Regions’ and dated April, 1974 (circular A– 

8 105). 

9 ‘‘(B) SELECTION CRITERIA.—In conducting 

10 a competition under subsection (b), the Secretary 

11 shall provide grants to 10 recipients on the basis 

12 of— 

13 ‘‘(i) the criteria described in subsection 

14 (b)(3); 

15 ‘‘(ii) the location of the center within 

16 the Federal region to be served; and 

17 ‘‘(iii) whether the institution (or, in 

18 the case of consortium of institutions, the 

19 lead institution) demonstrates that the in20 stitution has a well-established, nationally 

21 recognized program in transportation re22 search and education, as evidenced by— 

23 ‘‘(I) recent expenditures by the in24 stitution in highway or public trans25 portation research; 
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1 ‘‘(II) a historical track record of 

2 awarding graduate degrees in profes3 sional fields closely related to highways 

4 and public transportation; and 

5 ‘‘(III) an experienced faculty who 

6 specialize in professional fields closely 

7 related to highways and public trans8 portation. 

9 ‘‘(C) RESTRICTIONS.—For each fiscal year, 

10 a grant made available under this paragraph 

11 shall not exceed $2,750,000 for each recipient. 

12 ‘‘(D) MATCHING REQUIREMENTS.— 

13 ‘‘(i) IN GENERAL.—As a condition of 

14 receiving a grant under this paragraph, a 

15 grant recipient shall match 100 percent of 

16 the amounts made available under the 

17 grant. 

18 ‘‘(ii) SOURCES.—The matching 

19 amounts referred to in the clause (i) may 

20 include amounts made available to the re21 cipient under— 

22 ‘‘(I) section 504(b) or 505 of title 

23 23; and 

24 ‘‘(II) a transportation-related 

25 grant from the National Science Foun-
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1 dation subject to prior approval by the 

2 Secretary. 

3 ‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION CEN4 TERS.— 

5 ‘‘(A) IN GENERAL.—For each of fiscal years 

6 2012 and 2013, the Secretary shall provide 

7 grants of not more than $1,500,000 each to not 

8 more than 20 recipients to carry out this section. 

9 ‘‘(B) RESTRICTION.—A grant recipient 

10 under paragraph (2) or (3) shall not be eligible 

11 to receive a grant under this paragraph. 

12 ‘‘(C) MATCHING REQUIREMENT.— 

13 ‘‘(i) IN GENERAL.—Subject to clause 

14 (iii), as a condition of receiving a grant 

15 under this paragraph, a grant recipient 

16 shall match 50 percent of the amounts made 

17 available under the grant. 

18 ‘‘(ii) SOURCES.—The matching 

19 amounts referred to in clause (i) may in20 clude amounts made available to the recipi21 ent under— 

22 ‘‘(I) section 504(b) or 505 of title 

23 23; and 

24 ‘‘(II) a transportation-related 

25 grant from the National Science Foun-
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† HR 4348 EAS 

1 dation subject to prior approval by the 

2 Secretary. 

3 ‘‘(iii) EXEMPTION.—This subpara4 graph shall not apply on a demonstration 

5 of financial hardship by the applicant in6 stitution. 

7 ‘‘(D) FOCUSED RESEARCH.— 

8 ‘‘(i) IN GENERAL.—In awarding 

9 grants under this paragraph, consideration 

10 shall be given to minority institutions, as 

11 defined by section 365 of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1067k), or 

13 consortia that include such institutions that 

14 have demonstrated an ability in transpor15 tation-related research. 

16 ‘‘(ii) PUBLIC TRANSPORTATION

17 ISSUES.—At least 2 of the recipients award18 ed a grant under this paragraph shall have 

19 expertise in, and focus research on, public 

20 transportation issues. 

21 ‘‘(d) PROGRAM COORDINATION.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall— 

23 ‘‘(A) coordinate the research, education, and 

24 technology transfer activities carried out by 

25 grant recipients under this section; and 
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1 ‘‘(B) disseminate the results of that research 

2 through the establishment and operation of an 

3 information clearinghouse. 

4 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not 

5 less frequently than annually, and consistent with the 

6 plan developed under section 508 of title 23, the Sec7 retary shall review and evaluate the programs carried 

8 out under this section by grant recipients. 

9 ‘‘(3) PROGRAM EVALUATION AND OVERSIGHT.— 

10 For each of fiscal years 2012 and 2013, the Secretary 

shall expend not more than 11 11 ⁄2 percent of the 

12 amounts made available to the Secretary to carry out 

13 this section for any coordination, evaluation, and 

14 oversight activities of the Secretary under this section 

15 and section 5506. 

16 ‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.— 

17 Amounts made available to the Secretary to carry out this 

18 section shall remain available for obligation by the Sec19 retary for a period of 3 years after the last day of the fiscal 

20 year for which the amounts are appropriated. 

21 ‘‘(f) INFORMATION COLLECTION.—Any survey, ques22 tionnaire, or interview that the Secretary determines to be 

23 necessary to carry out reporting requirements relating to 

24 any program assessment or evaluation activity under this 
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1 section, including customer satisfaction assessments, shall 

2 not be subject to chapter 35 of title 44.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 55 of title 49, United States Code, is amended by 

5 striking the item relating to section 5505 and inserting the 

6 following: 

‘‘Sec. 5505. University transportation centers program.’’. 

7 SEC. 52011. BUREAU OF TRANSPORTATION STATISTICS. 

8 (a) IN GENERAL.—Subtitle III of title 49, United 

9 States Code, is amended by adding at the end the following: 

10 ‘‘CHAPTER 63—BUREAU OF 

11 TRANSPORTATION STATISTICS 

‘‘Sec. 

‘‘6301. Definitions. 

‘‘6302. Bureau of Transportation Statistics. 

‘‘6303. Intermodal transportation database. 

‘‘6305. Advisory council on transportation statistics. 

‘‘6306. Transportation statistical collection, analysis, and dissemination. 

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

‘‘6308. Proceeds of data product sales. 

‘‘6309. Information collection. 

‘‘6310. National transportation atlas database. 

‘‘6311. Limitations on statutory construction. 

‘‘6312. Research and development grants. 

‘‘6313. Transportation statistics annual report. 

‘‘6314. Mandatory response authority for freight data collection. 

12 ‘‘§ 6301. Definitions 

13 ‘‘In this chapter, the following definitions apply: 

14 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

15 Bureau of Transportation Statistics established by 

16 section 6302(a). 

17 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

18 means the Department of Transportation. 
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1 ‘‘(3) DIRECTOR.—The term ‘Director’ means the 

2 Director of the Bureau. 

3 ‘‘(4) LIBRARY.—The term ‘Library’ means the 

4 National Transportation Library established by sec5 tion 6304(a). 

6 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

7 the Secretary of Transportation. 

8 ‘‘§ 6302. Bureau of Transportation Statistics 

9 ‘‘(a) ESTABLISHMENT.—There is established in the Re10 search and Innovative Technology Administration the Bu11 reau of Transportation Statistics. 

12 ‘‘(b) DIRECTOR.— 

13 ‘‘(1) APPOINTMENT.—The Bureau shall be head14 ed by a Director, who shall be appointed in the com15 petitive service by the Secretary. 

16 ‘‘(2) QUALIFICATIONS.—The Director shall be 

17 appointed from among individuals who are qualified 

18 to serve as the Director by virtue of their training 

19 and experience in the collection, analysis, and use of 

20 transportation statistics. 

21 ‘‘(3) DUTIES.— 

22 ‘‘(A) IN GENERAL.—The Director shall— 

23 ‘‘(i) serve as the senior advisor to the 

24 Secretary on data and statistics; and 
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† HR 4348 EAS 

1 ‘‘(ii) be responsible for carrying out the 

2 duties described in subparagraph (B). 

3 ‘‘(B) DUTIES.—The Director shall— 

4 ‘‘(i) ensure that the statistics compiled 

5 under clause (vi) are designed to support 

6 transportation decisionmaking by— 

7 ‘‘(I) the Federal Government; 

8 ‘‘(II) State and local governments; 

9 ‘‘(III) metropolitan planning or10 ganizations; 

11 ‘‘(IV) transportation-related asso12 ciations; 

13 ‘‘(V) the private sector, including 

14 the freight community; and 

15 ‘‘(VI) the public; 

16 ‘‘(ii) establish on behalf of the Sec17 retary a program— 

18 ‘‘(I) to effectively integrate safety 

19 data across modes; and 

20 ‘‘(II) to address gaps in existing 

21 safety data programs of the Depart22 ment; 

23 ‘‘(iii) work with the operating admin24 istrations of the Department— 
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1 ‘‘(I) to establish and implement 

2 the data programs of the Bureau; and 

3 ‘‘(II) to improve the coordination 

4 of information collection efforts with 

5 other Federal agencies; 

6 ‘‘(iv) continually improve surveys and 

7 data collection methods of the Department 

8 to improve the accuracy and utility of 

9 transportation statistics; 

10 ‘‘(v) encourage the standardization of 

11 data, data collection methods, and data 

12 management and storage technologies for 

13 data collected by— 

14 ‘‘(I) the Bureau; 

15 ‘‘(II) the operating administra16 tions of the Department; 

17 ‘‘(III) State and local govern18 ments; 

19 ‘‘(IV) metropolitan planning or20 ganizations; and 

21 ‘‘(V) private sector entities; 

22 ‘‘(vi) collect, compile, analyze, and 

23 publish a comprehensive set of transpor24 tation statistics on the performance and im-
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1 pacts of the national transportation system, 

2 including statistics on— 

3 ‘‘(I) transportation safety across 

4 all modes and intermodally; 

5 ‘‘(II) the state of good repair of 

6 United States transportation infra7 structure; 

8 ‘‘(III) the extent, connectivity, 

9 and condition of the transportation 

10 system, building on the national trans11 portation atlas database developed 

12 under section 6310; 

13 ‘‘(IV) economic efficiency across 

14 the entire transportation sector; 

15 ‘‘(V) the effects of the transpor16 tation system on global and domestic 

17 economic competitiveness; 

18 ‘‘(VI) demographic, economic, and 

19 other variables influencing travel be20 havior, including choice of transpor21 tation mode and goods movement; 

22 ‘‘(VII) transportation-related 

23 variables that influence the domestic 

24 economy and global competitiveness; 
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1 ‘‘(VIII) economic costs and im2 pacts for passenger travel and freight 

3 movement; 

4 ‘‘(IX) intermodal and multimodal 

5 passenger movement; 

6 ‘‘(X) intermodal and multimodal 

7 freight movement; and 

8 ‘‘(XI) consequences of transpor9 tation for the human and natural en10 vironment; 

11 ‘‘(vii) build and disseminate the trans12 portation layer of the National Spatial 

13 Data Infrastructure developed under Execu14 tive Order 12906 (59 Fed. Reg. 17671) (or 

15 a successor Executive Order), including by 

16 coordinating the development of transpor17 tation geospatial data standards, compiling 

18 intermodal geospatial data, and collecting 

19 geospatial data that is not being collected 

20 by other entities; 

21 ‘‘(viii) issue guidelines for the collec22 tion of information by the Department that 

23 the Director determines necessary to develop 

24 transportation statistics and carry out 

25 modeling, economic assessment, and pro-
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1 gram assessment activities to ensure that 

2 such information is accurate, reliable, rel3 evant, uniform, and in a form that permits 

4 systematic analysis by the Department; 

5 ‘‘(ix) review and report to the Sec6 retary on the sources and reliability of— 

7 ‘‘(I) the statistics proposed by the 

8 heads of the operating administrations 

9 of the Department to measure outputs 

10 and outcomes as required by the Gov11 ernment Performance and Results Act 

12 of 1993 (Public Law 103–62;107 Stat. 

13 285); and 

14 ‘‘(II) at the request of the Sec15 retary, any other data collected or sta16 tistical information published by the 

17 heads of the operating administrations 

18 of the Department; and 

19 ‘‘(x) ensure that the statistics published 

20 under this section are readily accessible to 

21 the public, consistent with applicable secu22 rity constraints and confidentiality inter23 ests. 

24 ‘‘(c) ACCESS TO FEDERAL DATA.—In carrying out 

25 subsection (b)(3)(B)(ii), the Director shall be given access 
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1 to all safety data that the Director determines necessary to 

2 carry out that subsection that is held by the Department 

3 or any other Federal agency upon written request and sub4 ject to any statutory or regulatory restrictions. 

5 ‘‘§ 6303. Intermodal transportation database 

6 ‘‘(a) IN GENERAL.—In consultation with the Under 

7 Secretary Transportation for Policy, the Assistant Secre8 taries of the Department, and the heads of the operating 

9 administrations of the Department, the Director shall estab10 lish and maintain a transportation database for all modes 

11 of transportation. 

12 ‘‘(b) USE.—The database established under this section 

13 shall be suitable for analyses carried out by the Federal 

14 Government, the States, and metropolitan planning organi15 zations. 

16 ‘‘(c) CONTENTS.—The database established under this 

17 section shall include— 

18 ‘‘(1) information on the volumes and patterns of 

19 movement of goods, including local, interregional, and 

20 international movement, by all modes of transpor21 tation, intermodal combinations, and relevant classi22 fication; 

23 ‘‘(2) information on the volumes and patterns of 

24 movement of people, including local, interregional, 

25 and international movements, by all modes of trans-
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1 portation (including bicycle and pedestrian modes), 

2 intermodal combinations, and relevant classification; 

3 ‘‘(3) information on the location and 

4 connectivity of transportation facilities and services; 

5 and 

6 ‘‘(4) a national accounting of expenditures and 

7 capital stocks on each mode of transportation and 

8 intermodal combination. 

9 ‘‘§ 6304. National transportation library 

10 ‘‘(a) PURPOSE AND ESTABLISHMENT.—To support the 

11 information management and decisionmaking needs of 

12 transportation officials at the Federal, State, and local lev13 els, there is established in the Bureau a National Transpor14 tation Library which shall— 

15 ‘‘(1) be headed by an individual who is highly 

16 qualified in library and information science; 

17 ‘‘(2) acquire, preserve, and manage transpor18 tation information and information products and 

19 services for use by the Department, other Federal 

20 agencies, and the general public; 

21 ‘‘(3) provide reference and research assistance; 

22 ‘‘(4) serve as a central depository for research re23 sults and technical publications of the Department; 
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1 ‘‘(5) provide a central clearinghouse for trans2 portation data and information of the Federal Gov3 ernment; 

4 ‘‘(6) serve as coordinator and policy lead for 

5 transportation information access; 

6 ‘‘(7) provide transportation information and in7 formation products and services to— 

8 ‘‘(A) the Department; 

9 ‘‘(B) other Federal agencies; 

10 ‘‘(C) public and private organizations; and 

11 ‘‘(D) individuals, within the United States 

12 and internationally; 

13 ‘‘(8) coordinate efforts among, and cooperate 

14 with, transportation libraries, information providers, 

15 and technical assistance centers, in conjunction with 

16 private industry and other transportation library 

17 and information centers, with the goal of developing 

18 a comprehensive transportation information and 

19 knowledge network that supports the activities de20 scribed in section 6302(b)(3)(B)(vi); and 

21 ‘‘(9) engage in such other activities as the Direc22 tor determines to be necessary and as the resources of 

23 the Library permit. 

24 ‘‘(b) ACCESS.—The Director shall publicize, facilitate, 

25 and promote access to the information products and services 
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1 described in subsection (a), to improve the ability of the 

2 transportation community to share information and the 

3 ability of the Director to make statistics and other informa4 tion readily accessible as required under section 

5 6302(b)(3)(B)(x). 

6 ‘‘(c) AGREEMENTS.— 

7 ‘‘(1) IN GENERAL.—To carry out this section, the 

8 Director may enter into agreements with, award 

9 grants to, and receive amounts from, any— 

10 ‘‘(A) State or local government; 

11 ‘‘(B) organization; 

12 ‘‘(C) business; or 

13 ‘‘(D) individual. 

14 ‘‘(2) CONTRACTS, GRANTS, AND AGREEMENTS.— 

15 The Library may initiate and support specific infor16 mation and data management, access, and exchange 

17 activities in connection with matters relating to the 

18 Department’s strategic goals, knowledge networking, 

19 and national and international cooperation, by enter20 ing into contracts or other agreements or awarding 

21 grants for the conduct of such activities. 

22 ‘‘(3) AMOUNTS.—Any amounts received by the 

23 Library as payment for library products and services 

24 or other activities shall be made available to the Di25 rector to carry out this section, deposited in the Re-
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1 search and Innovative Technology Administration’s 

2 general fund account, and remain available until ex3 pended. 

4 ‘‘§ 6305. Advisory council on transportation statistics 

5 ‘‘(a) IN GENERAL.—The Director shall establish and 

6 consult with an advisory council on transportation statis7 tics. 

8 ‘‘(b) FUNCTION.—The advisory council established 

9 under this section shall advise the Director on— 

10 ‘‘(1) the quality, reliability, consistency, objec11 tivity, and relevance of transportation statistics and 

12 analyses collected, supported, or disseminated by the 

13 Bureau and the Department; and 

14 ‘‘(2) methods to encourage cooperation and inter15 operability of transportation data collected by the Bu16 reau, the operating administrations of the Depart17 ment, States, local governments, metropolitan plan18 ning organizations, and private sector entities. 

19 ‘‘(c) MEMBERSHIP.— 

20 ‘‘(1) IN GENERAL.—The advisory council shall be 

21 composed of not fewer than 9 and not more than 11 

22 members appointed by the Director. 

23 ‘‘(2) SELECTION.—In selecting members for the 

24 advisory council, the Director shall appoint individ25 uals who— 
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1 ‘‘(A) are not officers or employees of the 

2 United States; 

3 ‘‘(B) possess expertise in— 

4 ‘‘(i) transportation data collection, 

5 analysis, or application; 

6 ‘‘(ii) economics; or 

7 ‘‘(iii) transportation safety; and 

8 ‘‘(C) represent a cross section of transpor9 tation stakeholders, to the greatest extent pos10 sible. 

11 ‘‘(d) TERMS OF APPOINTMENT.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), members of the advisory council shall be 

14 appointed to staggered terms not to exceed 3 years. 

15 ‘‘(2) ADDITIONAL TERMS.—A member may be re16 nominated for 1 additional 3-year term. 

17 ‘‘(3) CURRENT MEMBERS.—A member serving on 

18 an advisory council on transportation statistics on 

19 the day before the date of enactment of the Transpor20 tation Research and Innovative Technology Act of 

21 2012 shall serve until the end of the appointed term 

22 of the member. 

23 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM24 MITTEE ACT.—The Federal Advisory Committee Act (5 

25 U.S.C. App.) shall apply to the advisory council established 
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1 under this section, except that section 14 of that Act shall 

2 not apply. 

3 ‘‘§ 6306. Transportation statistical collection, anal4 ysis, and dissemination 

5 ‘‘To ensure that all transportation statistical collec6 tion, analysis, and dissemination is carried out in a coordi7 nated manner, the Director may— 

8 ‘‘(1) use the services, equipment, records, per9 sonnel, information, and facilities of other Federal 

10 agencies, or State, local, and private agencies and in11 strumentalities, subject to the conditions that the ap12 plicable agency or instrumentality consents to that 

13 use and with or without reimbursement for such use; 

14 ‘‘(2) enter into agreements with the agencies and 

15 instrumentalities described in paragraph (1) for pur16 poses of data collection and analysis; 

17 ‘‘(3) confer and cooperate with foreign govern18 ments, international organizations, and State, munic19 ipal, and other local agencies; 

20 ‘‘(4) request such information, data, and reports 

21 from any Federal agency as the Director determines 

22 necessary to carry out this chapter; 

23 ‘‘(5) encourage replication, coordination, and 

24 sharing of information among transportation agencies 
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1 regarding information systems, information policy, 

2 and data; and 

3 ‘‘(6) confer and cooperate with Federal statistical 

4 agencies as the Director determines necessary to carry 

5 out this chapter, including by entering into coopera6 tive data sharing agreements in conformity with all 

7 laws and regulations applicable to the disclosure and 

8 use of data. 

9 ‘‘§ 6307. Furnishing of information, data, or reports by 

10 Federal agencies 

11 ‘‘(a) IN GENERAL.—Except as provided in subsection 

12 (b), a Federal agency requested to furnish information, 

13 data, or reports by the Director under section 6302(b)(3)(B) 

14 shall provide the information to the Director. 

15 ‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.— 

16 ‘‘(1) IN GENERAL.—An officer, employee, or con17 tractor of the Bureau may not— 

18 ‘‘(A) make any disclosure in which the data 

19 provided by an individual or organization under 

20 section 6302(b)(3)(B) can be identified; 

21 ‘‘(B) use the information provided under 

22 section 6302(b)(3)(B) for a nonstatistical pur23 pose; or 

24 ‘‘(C) permit anyone other than an indi25 vidual authorized by the Director to examine 
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1 any individual report provided under section 

2 6302(b)(3)(B). 

3 ‘‘(2) COPIES OF REPORTS.— 

4 ‘‘(A) IN GENERAL.—No department, bureau, 

5 agency, officer, or employee of the United States 

6 (except the Director in carrying out this chapter) 

7 may require, for any reason, a copy of any re8 port that has been filed under section 

9 6302(b)(3)(B) with the Bureau or retained by an 

10 individual respondent. 

11 ‘‘(B) LIMITATION ON JUDICIAL PRO12 CEEDINGS.—A copy of a report described in sub13 paragraph (A) that has been retained by an in14 dividual respondent or filed with the Bureau or 

15 any of the employees, contractors, or agents of 

16 the Bureau— 

17 ‘‘(i) shall be immune from legal proc18 ess; and 

19 ‘‘(ii) shall not, without the consent of 

20 the individual concerned, be admitted as 

21 evidence or used for any purpose in any ac22 tion, suit, or other judicial or administra23 tive proceedings. 

24 ‘‘(C) APPLICABILITY.—This paragraph shall 

25 apply only to reports that permit information 
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1 concerning an individual or organization to be 

2 reasonably determined by direct or indirect 

3 means. 

4 ‘‘(3) INFORMING RESPONDENT OF USE OF

5 DATA.—If the Bureau is authorized by statute to col6 lect data or information for a nonstatistical purpose, 

7 the Director shall clearly distinguish the collection of 

8 the data or information, by rule and on the collection 

9 instrument, in a manner that informs the respondent 

10 who is requested or required to supply the data or in11 formation of the nonstatistical purpose. 

12 ‘‘(c) TRANSPORTATION AND TRANSPORTATION-RE13 LATED DATA ACCESS.—The Director shall be provided ac14 cess to any transportation and transportation-related infor15 mation in the possession of any Federal agency, except— 

16 ‘‘(1) information that is expressly prohibited by 

17 law from being disclosed to another Federal agency; 

18 or 

19 ‘‘(2) information that the agency possessing the 

20 information determines could not be disclosed without 

21 significantly impairing the discharge of authorities 

22 and responsibilities which have been delegated to, or 

23 vested by law, in such agency. 
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1 ‘‘§ 6308. Proceeds of data product sales 

2 ‘‘Notwithstanding section 3302 of title 31, amounts re3 ceived by the Bureau from the sale of data products for nec4 essary expenses incurred may be credited to the Highway 

5 Trust Fund (other than the Mass Transit Account) for the 

6 purpose of reimbursing the Bureau for those expenses. 

7 ‘‘§ 6309. Information collection 

8 ‘‘As the head of an independent Federal statistical 

9 agency, the Director may consult directly with the Office 

10 of Management and Budget concerning any survey, ques11 tionnaire, or interview that the Director considers necessary 

12 to carry out the statistical responsibilities of this chapter. 

13 ‘‘§ 6310. National transportation atlas database 

14 ‘‘(a) IN GENERAL.—The Director shall develop and 

15 maintain a national transportation atlas database that is 

16 comprised of geospatial databases that depict— 

17 ‘‘(1) transportation networks; 

18 ‘‘(2) flows of people, goods, vehicles, and craft 

19 over the transportation networks; and 

20 ‘‘(3) social, economic, and environmental condi21 tions that affect or are affected by the transportation 

22 networks. 

23 ‘‘(b) INTERMODAL NETWORK ANALYSIS.—The data24 bases referred to in subsection (a) shall be capable of sup25 porting intermodal network analysis. 
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1 ‘‘§ 6311. Limitations on statutory construction 

2 ‘‘Nothing in this chapter— 

3 ‘‘(1) authorizes the Bureau to require any other 

4 Federal agency to collect data; or 

5 ‘‘(2) alters or diminishes the authority of any 

6 other officer of the Department to collect and dissemi7 nate data independently. 

8 ‘‘§ 6312. Research and development grants 

9 ‘‘The Secretary may make grants to, or enter into co10 operative agreements or contracts with, public and non11 profit private entities (including State transportation de12 partments, metropolitan planning organizations, and insti13 tutions of higher education) for— 

14 ‘‘(1) investigation of the subjects described in sec15 tion 6302(b)(3)(B)(vi); 

16 ‘‘(2) research and development of new methods of 

17 data collection, standardization, management, inte18 gration, dissemination, interpretation, and analysis; 

19 ‘‘(3) demonstration programs by States, local 

20 governments, and metropolitan planning organiza21 tions to coordinate data collection, reporting, manage22 ment, storage, and archiving to simplify data com23 parisons across jurisdictions; 

24 ‘‘(4) development of electronic clearinghouses of 

25 transportation data and related information, as part 

26 of the Library; and 
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1 ‘‘(5) development and improvement of methods 

2 for sharing geographic data, in support of the data3 base under section 6310 and the National Spatial 

4 Data Infrastructure developed under Executive Order 

5 12906 (59 Fed. Reg. 17671) (or a successor Executive 

6 Order). 

7 ‘‘§ 6313. Transportation statistics annual report 

8 ‘‘The Director shall submit to the President and Con9 gress a transportation statistics annual report, which shall 

10 include— 

11 ‘‘(1) information on the progress of the Director 

12 in carrying out the duties described in section 

13 6302(b)(3)(B); 

14 ‘‘(2) documentation of the methods used to obtain 

15 and ensure the quality of the statistics presented in 

16 the report; and 

17 ‘‘(3) any recommendations of the Director for 

18 improving transportation statistical information. 

19 ‘‘§ 6314. Mandatory response authority for freight 

20 data collection 

21 ‘‘(a) FREIGHT DATA COLLECTION.— 

22 ‘‘(1) IN GENERAL.—An owner, official, agent, 

23 person in charge, or assistant to the person in charge 

24 of a freight corporation, company, business, institu25 tion, establishment, or organization described in 
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1 paragraph (2) shall be fined in accordance with sub2 section (b) if that individual neglects or refuses, when 

3 requested by the Director or other authorized officer, 

4 employee, or contractor of the Bureau to submit data 

5 under section 6302(b)(3)(B)— 

6 ‘‘(A) to answer completely and correctly to 

7 the best knowledge of that individual all ques8 tions relating to the corporation, company, busi9 ness, institution, establishment, or other organi10 zation; or 

11 ‘‘(B) to make available records or statistics 

12 in the official custody of the individual. 

13 ‘‘(2) DESCRIPTION OF ENTITIES.—A freight cor14 poration, company, business, institution, establish15 ment, or organization referred to in paragraph (1) is 

16 a corporation, company, business, institution, estab17 lishment, or organization that— 

18 ‘‘(A) receives Federal funds relating to the 

19 freight program; and 

20 ‘‘(B) has consented to be subject to a fine 

21 under this subsection on— 

22 ‘‘(i) refusal to supply any data re23 quested; or 

24 ‘‘(ii) failure to respond to a written re25 quest. 
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1 ‘‘(b) FINES.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), an 

3 individual described in subsection (a) shall be fined 

4 not more than $500. 

5 ‘‘(2) WILLFUL ACTIONS.—If an individual will6 fully gives a false answer to a question described in 

7 subsection (a)(1), the individual shall be fined not 

8 more than $10,000.’’. 

9 (b) RULES OF CONSTRUCTION.—If the provisions of 

10 section 111 of title 49, United States Code, are transferred 

11 to chapter 63 of that title, the following rules of construction 

12 apply: 

13 (1) For purposes of determining whether 1 provi14 sion of law supersedes another based on enactment 

15 later in time, a chapter 63 provision is deemed to 

16 have been enacted on the date of enactment of the cor17 responding section 111 provision. 

18 (2) A reference to a section 111 provision, in19 cluding a reference in a regulation, order, or other 

20 law, is deemed to refer to the corresponding chapter 

21 63 provision. 

22 (3) A regulation, order, or other administrative 

23 action in effect under a section 111 provision con24 tinues in effect under the corresponding chapter 63 

25 provision. 
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1 (4) An action taken or an offense committed 

2 under a section 111 provision is deemed to have been 

3 taken or committed under the corresponding chapter 

4 63 provision. 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) REPEAL.—Section 111 of title 49, United 

7 States Code, is repealed, and the item relating to sec8 tion 111 in the analysis for chapter 1 of that title is 

9 deleted. 

10 (2) ANALYSIS FOR SUBTITLE III.—The analysis 

11 for subtitle III of title 49, United States Code, is 

12 amended by inserting after the items for chapter 61 

13 the following: 

‘‘Chapter 63. Bureau of Transportation Statistics.’’. 

14 SEC. 52012. ADMINISTRATIVE AUTHORITY. 

15 Section 112 of title 49, United States Code, is amended 

16 by adding at the end the following: 

17 ‘‘(f) PROMOTIONAL AUTHORITY.—Amounts authorized 

18 to be appropriated for the administration and operation 

19 of the Research and Innovative Technology Administration 

20 may be used to purchase promotional items of nominal 

21 value for use by the Administrator of the Research and In22 novative Technology Administration in the recruitment of 

23 individuals and promotion of the programs of the Adminis24 tration. 
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1 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

2 each of fiscal years 2012 and 2013, the Administrator is 

authorized to expend not more than 1 1 3 ⁄2 percent of the 

4 amounts authorized to be appropriated for necessary ex5 penses for administration and operations of the Research 

6 and Innovative Technology Administration for the coordi7 nation, evaluation, and oversight of the programs adminis8 tered by the Administration. 

9 ‘‘(h) COLLABORATIVE RESEARCH AND DEVELOP10 MENT.— 

11 ‘‘(1) IN GENERAL.—To encourage innovative so12 lutions to multimodal transportation problems and 

13 stimulate the deployment of new technology, the Ad14 ministrator may carry out, on a cost-shared basis, 

15 collaborative research and development with— 

16 ‘‘(A) non-Federal entities, including State 

17 and local governments, foreign governments, in18 stitutions of higher education, corporations, in19 stitutions, partnerships, sole proprietorships, and 

20 trade associations that are incorporated or estab21 lished under the laws of any State; 

22 ‘‘(B) Federal laboratories; and 

23 ‘‘(C) other Federal agencies. 

24 ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND

25 AGREEMENTS.—Notwithstanding any other provision 
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1 of law, the Administrator may directly initiate con2 tracts, grants, cooperative research and development 

3 agreements (as defined in section 12 of the Stevenson4 Wydler Technology Innovation Act of 1980 (15 U.S.C. 

5 3710a)), and other agreements to fund, and accept 

6 funds from, the Transportation Research Board of the 

7 National Research Council of the National Academy 

8 of Sciences, State departments of transportation, cit9 ies, counties, institutions of higher education, associa10 tions, and the agents of those entities to carry out 

11 joint transportation research and technology efforts. 

12 ‘‘(3) FEDERAL SHARE.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), the Federal share of the cost of an ac15 tivity carried out under paragraph (2) shall not 

16 exceed 50 percent. 

17 ‘‘(B) EXCEPTION.—If the Secretary deter18 mines that the activity is of substantial public 

19 interest or benefit, the Secretary may approve a 

20 greater Federal share. 

21 ‘‘(C) NON-FEDERAL SHARE.—All costs di22 rectly incurred by the non-Federal partners, in23 cluding personnel, travel, facility, and hardware 

24 development costs, shall be credited toward the 
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1 non-Federal share of the cost of an activity de2 scribed in subparagraph (A). 

3 ‘‘(4) USE OF TECHNOLOGY.—The research, devel4 opment, or use of a technology under a contract, 

5 grant, cooperative research and development agree6 ment, or other agreement entered into under this sub7 section, including the terms under which the tech8 nology may be licensed and the resulting royalties 

9 may be distributed, shall be subject to the Stevenson10 Wydler Technology Innovation Act of 1980 (15 U.S.C. 

11 3701 et seq.). 

12 ‘‘(5) WAIVER OF ADVERTISING REQUIRE13 MENTS.—Section 6101 of title 41, United States Code 

14 shall not apply to a contract, grant, or other agree15 ment entered into under this section.’’. 

16 SEC. 52013. TRANSPORTATION RESEARCH AND DEVELOP17 MENT STRATEGIC PLANNING. 

18 Section 508(a) of title 23, United States Code, is 

19 amended— 

20 (1) in paragraph (1), by striking ‘‘SAFETEA– 

21 LU’’ and inserting ‘‘Transportation Research and In22 novative Technology Act of 2012’’; and 

23 (2) in paragraph (2), by striking subparagraph 

24 (A) and inserting the following: 
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1 ‘‘(A) describe the primary purposes of the 

2 transportation research and development pro3 gram, which shall include, at a minimum— 

4 ‘‘(i) promoting safety; 

5 ‘‘(ii) reducing congestion and improv6 ing mobility; 

7 ‘‘(iii) protecting and enhancing the en8 vironment; 

9 ‘‘(iv) preserving the existing transpor10 tation system; 

11 ‘‘(v) improving the durability and ex12 tending the life of transportation infrastruc13 ture; and 

14 ‘‘(vi) improving goods movement;’’. 

15 TITLE III—INTELLIGENT TRANS16 PORTATION SYSTEMS RE17 SEARCH 

18 SEC. 53001. USE OF FUNDS FOR ITS ACTIVITIES. 

19 Section 513 of title 23, United States Code, is amended 

20 to read as follows: 

21 ‘‘§ 513. Use of funds for ITS activities 

22 ‘‘(a) DEFINITIONS.—In this section, the following defi23 nitions apply: 

24 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti25 ty’ means a State or local government, tribal govern-
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1 ment, transit agency, public toll authority, metropoli2 tan planning organization, other political subdivision 

3 of a State or local government, or a multistate or 

4 multijurisdictional group applying through a single 

5 lead applicant. 

6 ‘‘(2) MULTIJURISDICTIONAL GROUP.—The term 

7 ‘multijurisdictional group’ means a combination of 

8 State governments, local governments, metropolitan 

9 planning agencies, transit agencies, or other political 

10 subdivisions of a State that— 

11 ‘‘(A) have signed a written agreement to 

12 implement an activity that meets the grant cri13 teria under this section; and 

14 ‘‘(B) is comprised of at least 2 members, 

15 each of whom is an eligible entity. 

16 ‘‘(b) PURPOSE.—The purpose of this section is to de17 velop, administer, communicate, and promote the use of 

18 products of research, technology, and technology transfer 

19 programs. 

20 ‘‘(c) ITS DEPLOYMENT INCENTIVES.— 

21 ‘‘(1) IN GENERAL.—The Secretary may— 

22 ‘‘(A) develop and implement incentives to 

23 accelerate the deployment of ITS technologies 

24 and services within all funding programs au-
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1 thorized by the Transportation Research and In2 novative Technology Act of 2012; and 

3 ‘‘(B) for each fiscal year, use amounts made 

4 available to the Secretary to carry out intelligent 

5 transportation systems outreach, including 

6 through the use of websites, public relations, dis7 plays, tours, and brochures. 

8 ‘‘(2) COMPREHENSIVE PLAN.—To carry out this 

9 section, the Secretary shall develop a detailed and 

10 comprehensive plan that addresses the manner in 

11 which incentives may be adopted, as appropriate, 

12 through the existing deployment activities carried out 

13 by surface transportation modal administrations. 

14 ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOYMENT

15 GRANT PROGRAM.— 

16 ‘‘(1) ESTABLISHMENT.—The Secretary shall es17 tablish a competitive grant program to accelerate the 

18 deployment, operation, systems management, inter19 modal integration, and interoperability of the ITS 

20 program and ITS-enabled operational strategies— 

21 ‘‘(A) to measure and improve the perform22 ance of the surface transportation system; 

23 ‘‘(B) to reduce traffic congestion and the 

24 economic and environmental impacts of traffic 

25 congestion; 
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1 ‘‘(C) to minimize fatalities and injuries; 

2 ‘‘(D) to enhance mobility of people and 

3 goods; 

4 ‘‘(E) to improve traveler information and 

5 services; and 

6 ‘‘(F) to optimize existing roadway capacity. 

7 ‘‘(2) APPLICATION.—To be considered for a grant 

8 under this subsection, an eligible entity shall submit 

9 an application to the Secretary that includes— 

10 ‘‘(A) a plan to deploy and provide for the 

11 long-term operation and maintenance of intel12 ligent transportation systems to improve safety, 

13 efficiency, system performance, and return on in14 vestment, such as— 

15 ‘‘(i) real-time integrated traffic, tran16 sit, and multimodal transportation infor17 mation; 

18 ‘‘(ii) advanced traffic, freight, parking, 

19 and incident management systems; 

20 ‘‘(iii) advanced technologies to improve 

21 transit and commercial vehicle operations; 

22 ‘‘(iv) synchronized, adaptive, and tran23 sit preferential traffic signals; 

24 ‘‘(v) advanced infrastructure condition 

25 assessment technologies; and 
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1 ‘‘(vi) other technologies to improve sys2 tem operations, including ITS applications 

3 necessary for multimodal systems integra4 tion and for achieving performance goals; 

5 ‘‘(B) quantifiable system performance im6 provements, including— 

7 ‘‘(i) reductions in traffic-related crash8 es, congestion, and costs; 

9 ‘‘(ii) optimization of system efficiency; 

10 and 

11 ‘‘(iii) improvement of access to trans12 portation services; 

13 ‘‘(C) quantifiable safety, mobility, and envi14 ronmental benefit projections, including data 

15 driven estimates of the manner in which the 

16 project will improve the transportation system 

17 efficiency and reduce traffic congestion in the re18 gion; 

19 ‘‘(D) a plan for partnering with the private 

20 sector, including telecommunications industries 

21 and public service utilities, public agencies (in22 cluding multimodal and multijurisdictional enti23 ties), research institutions, organizations rep24 resenting transportation and technology leaders, 

25 and other transportation stakeholders; 
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1 ‘‘(E) a plan to leverage and optimize exist2 ing local and regional ITS investments; and 

3 ‘‘(F) a plan to ensure interoperability of de4 ployed technologies with other tolling, traffic 

5 management, and intelligent transportation sys6 tems. 

7 ‘‘(3) SELECTION.— 

8 ‘‘(A) IN GENERAL.—Not later than 1 year 

9 after the date of enactment of the Transportation 

10 Research and Innovative Technology Act of 2012, 

11 the Secretary may provide grants to eligible enti12 ties under this section. 

13 ‘‘(B) GEOGRAPHIC DIVERSITY.—In award14 ing a grant under this section, the Secretary 

15 shall ensure, to the maximum extent practicable, 

16 that grant recipients represent diverse geo17 graphical areas of the United States, including 

18 urban, suburban, and rural areas. 

19 ‘‘(C) NON-FEDERAL SHARE.—In awarding 

20 a grant under the section, the Secretary shall 

21 give priority to grant recipients that dem22 onstrate an ability to contribute a significant 

23 non-Federal share to the cost of carrying out the 

24 project for which the grant is received. 
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1 ‘‘(4) ELIGIBLE USES.—Projects for which grants 

2 awarded under this section may be used include— 

3 ‘‘(A) the establishment and implementation 

4 of ITS and ITS-enabled operations strategies 

5 that improve performance in the areas of— 

6 ‘‘(i) traffic operations; 

7 ‘‘(ii) emergency response to surface 

8 transportation incidents; 

9 ‘‘(iii) incident management; 

10 ‘‘(iv) transit and commercial vehicle 

11 operations improvements; 

12 ‘‘(v) weather event response manage13 ment by State and local authorities; 

14 ‘‘(vi) surface transportation network 

15 and facility management; 

16 ‘‘(vii) construction and work zone 

17 management; 

18 ‘‘(viii) traffic flow information; 

19 ‘‘(ix) freight management; and 

20 ‘‘(x) congestion management; 

21 ‘‘(B) carrying out activities that support 

22 the creation of networks that link metropolitan 

23 and rural surface transportation systems into an 

24 integrated data network, capable of collecting, 
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1 sharing, and archiving transportation system 

2 traffic condition and performance information; 

3 ‘‘(C) the implementation of intelligent 

4 transportation systems and technologies that im5 prove highway safety through information and 

6 communications systems linking vehicles, infra7 structure, mobile devices, transportation users, 

8 and emergency responders; 

9 ‘‘(D) the provision of services necessary to 

10 ensure the efficient operation and management of 

11 ITS infrastructure, including costs associated 

12 with communications, utilities, rent, hardware, 

13 software, labor, administrative costs, training, 

14 and technical services; 

15 ‘‘(E) the provision of support for the estab16 lishment and maintenance of institutional rela17 tionships between transportation agencies, police, 

18 emergency medical services, private emergency 

19 operators, freight operators, shippers, public 

20 service utilities, and telecommunications pro21 viders; 

22 ‘‘(F) carrying out multimodal and 

23 crossjurisdictional planning and deployment of 

24 regional transportation systems operations and 

25 management approaches; and 
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1 ‘‘(G) performing project evaluations to de2 termine the costs, benefits, lessons learned, and 

3 future deployment strategies associated with the 

4 deployment of intelligent transportation systems. 

5 ‘‘(5) REPORT TO SECRETARY.—For each fiscal 

6 year that an eligible entity receives a grant under 

7 this section, not later than 1 year after receiving that 

8 grant, each recipient shall submit a report to the Sec9 retary that describes how the project has met the ex10 pectations projected in the deployment plan submitted 

11 with the application, including— 

12 ‘‘(A) data on how the program has helped 

13 reduce traffic crashes, congestion, costs, and other 

14 benefits of the deployed systems; 

15 ‘‘(B) data on the effect of measuring and 

16 improving transportation system performance 

17 through the deployment of advanced technologies; 

18 ‘‘(C) the effectiveness of providing real-time 

19 integrated traffic, transit, and multimodal trans20 portation information to the public that allows 

21 the public to make informed travel decisions; and 

22 ‘‘(D) lessons learned and recommendations 

23 for future deployment strategies to optimize 

24 transportation efficiency and multimodal system 

25 performance. 
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1 ‘‘(6) REPORT TO CONGRESS.—Not later than 2 

2 years after date on which the first grant is awarded 

3 under this section and annually thereafter for each 

4 fiscal year for which grants are awarded under this 

5 section, the Secretary shall submit to Congress a re6 port that describes the effectiveness of the grant recipi7 ents in meeting the projected deployment plan goals, 

8 including data on how the grant program has— 

9 ‘‘(A) reduced traffic-related fatalities and 

10 injuries; 

11 ‘‘(B) reduced traffic congestion and im12 proved travel time reliability; 

13 ‘‘(C) reduced transportation-related emis14 sions; 

15 ‘‘(D) optimized multimodal system perform16 ance; 

17 ‘‘(E) improved access to transportation al18 ternatives; 

19 ‘‘(F) provided the public with access to real20 time integrated traffic, transit, and multimodal 

21 transportation information to make informed 

22 travel decisions; 

23 ‘‘(G) provided cost savings to transportation 

24 agencies, businesses, and the traveling public; 

25 and 
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1 ‘‘(H) provided other benefits to transpor2 tation users and the general public. 

3 ‘‘(7) ADDITIONAL GRANTS.—If the Secretary de4 termines, based on a report submitted under para5 graph (5), that a grant recipient is not complying 

6 with the established grant criteria, the Secretary 

7 may— 

8 ‘‘(A) cease payment to the recipient of any 

9 remaining grant amounts; and 

10 ‘‘(B) redistribute any remaining amounts to 

11 other eligible entities under this section. 

12 ‘‘(8) NON-FEDERAL SHARE.—The Federal share 

13 of a grant under this section shall not exceed 50 per14 cent of the cost of the project. 

15 ‘‘(9) GRANT LIMITATION.—The Secretary may 

16 not award more than 10 percent of the amounts pro17 vided under this section to a single grant recipient in 

18 any fiscal year. 

19 ‘‘(10) MULTIYEAR GRANTS.—Subject to avail20 ability of amounts, the Secretary may provide an eli21 gible entity with grant amounts for a period of mul22 tiple fiscal years. 

23 ‘‘(11) FUNDING.—Of the funds authorized to be 

24 appropriated to carry out the intelligent transpor25 tation system program under sections 512 through 
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1 518, not less than 50 percent of such funds shall be 

2 used to carry out this subsection.’’. 

3 SEC. 53002. GOALS AND PURPOSES. 

4 (a) IN GENERAL.—Chapter 5 of title 23, United States 

5 Code, is amended by adding after section 513 the following: 

6 ‘‘§ 514. Goals and purposes 

7 ‘‘(a) GOALS.—The goals of the intelligent transpor8 tation system program include— 

9 ‘‘(1) enhancement of surface transportation effi10 ciency and facilitation of intermodalism and inter11 national trade to enable existing facilities to meet a 

12 significant portion of future transportation needs, in13 cluding public access to employment, goods, and serv14 ices and to reduce regulatory, financial, and other 

15 transaction costs to public agencies and system users; 

16 ‘‘(2) achievement of national transportation safe17 ty goals, including enhancement of safe operation of 

18 motor vehicles and nonmotorized vehicles and im19 proved emergency response to collisions, with par20 ticular emphasis on decreasing the number and sever21 ity of collisions; 

22 ‘‘(3) protection and enhancement of the natural 

23 environment and communities affected by surface 

24 transportation, with particular emphasis on assisting 
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1 State and local governments to achieve national envi2 ronmental goals; 

3 ‘‘(4) accommodation of the needs of all users of 

4 surface transportation systems, including operators of 

5 commercial motor vehicles, passenger motor vehicles, 

6 motorcycles, bicycles, and pedestrians (including indi7 viduals with disabilities); and 

8 ‘‘(5) enhancement of national defense mobility 

9 and improvement of the ability of the United States 

10 to respond to security-related or other manmade 

11 emergencies and natural disasters. 

12 ‘‘(b) PURPOSES.—The Secretary shall implement ac13 tivities under the intelligent transportation system pro14 gram, at a minimum— 

15 ‘‘(1) to expedite, in both metropolitan and rural 

16 areas, deployment and integration of intelligent 

17 transportation systems for consumers of passenger 

18 and freight transportation; 

19 ‘‘(2) to ensure that Federal, State, and local 

20 transportation officials have adequate knowledge of 

21 intelligent transportation systems for consideration in 

22 the transportation planning process; 

23 ‘‘(3) to improve regional cooperation and oper24 ations planning for effective intelligent transportation 

25 system deployment; 
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1 ‘‘(4) to promote the innovative use of private re2 sources in support of intelligent transportation system 

3 development; 

4 ‘‘(5) to facilitate, in cooperation with the motor 

5 vehicle industry, the introduction of vehicle-based 

6 safety enhancing systems; 

7 ‘‘(6) to support the application of intelligent 

8 transportation systems that increase the safety and ef9 ficiency of commercial motor vehicle operations; 

10 ‘‘(7) to develop a workforce capable of developing, 

11 operating, and maintaining intelligent transportation 

12 systems; 

13 ‘‘(8) to provide continuing support for oper14 ations and maintenance of intelligent transportation 

15 systems; and 

16 ‘‘(9) to ensure a systems approach that includes 

17 cooperation among vehicles, infrastructure, and 

18 users.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

20 chapter 5 of title 23, United States Code, is amended by 

21 adding after the item relating to section 513 the following: 

‘‘514. Goals and purposes.’’. 

22 SEC. 53003. GENERAL AUTHORITIES AND REQUIREMENTS. 

23 (a) IN GENERAL.—Chapter 5 of title 23, United States 

24 Code, is amended by adding after section 514 (as added 

25 by section 53002) the following: 
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1 ‘‘§ 515. General authorities and requirements 

2 ‘‘(a) SCOPE.—Subject to the provisions of this chapter, 

3 the Secretary shall conduct an ongoing intelligent transpor4 tation system program— 

5 ‘‘(1) to research, develop, and operationally test 

6 intelligent transportation systems; and 

7 ‘‘(2) to provide technical assistance in the na8 tionwide application of those systems as a component 

9 of the surface transportation systems of the United 

10 States. 

11 ‘‘(b) POLICY.—Intelligent transportation system re12 search projects and operational tests funded pursuant to 

13 this chapter shall encourage and not displace public-private 

14 partnerships or private sector investment in those tests and 

15 projects. 

16 ‘‘(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 

17 AND EDUCATIONAL ENTITIES.—The Secretary shall carry 

18 out the intelligent transportation system program in co19 operation with State and local governments and other pub20 lic entities, the private sector firms of the United States, 

21 the Federal laboratories, and institutions of higher edu22 cation, including historically Black colleges and univer23 sities and other minority institutions of higher education. 

24 ‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 

25 carrying out the intelligent transportation system program, 
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1 the Secretary shall consult with the heads of other Federal 

2 agencies, as appropriate. 

3 ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR4 MATION.—The Secretary may provide technical assistance, 

5 training, and information to State and local governments 

6 seeking to implement, operate, maintain, or evaluate intel7 ligent transportation system technologies and services. 

8 ‘‘(f) TRANSPORTATION PLANNING.—The Secretary 

9 may provide funding to support adequate consideration of 

10 transportation systems management and operations, in11 cluding intelligent transportation systems, within metro12 politan and statewide transportation planning processes. 

13 ‘‘(g) INFORMATION CLEARINGHOUSE.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall— 

15 ‘‘(A) maintain a repository for technical 

16 and safety data collected as a result of federally 

17 sponsored projects carried out under this chap18 ter; and 

19 ‘‘(B) make, on request, that information 

20 (except for proprietary information and data) 

21 readily available to all users of the repository at 

22 an appropriate cost. 

23 ‘‘(2) AGREEMENT.— 

24 ‘‘(A) IN GENERAL.—The Secretary may 

25 enter into an agreement with a third party for 
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1 the maintenance of the repository for technical 

2 and safety data under paragraph (1)(A). 

3 ‘‘(B) FEDERAL FINANCIAL ASSISTANCE.—If 

4 the Secretary enters into an agreement with an 

5 entity for the maintenance of the repository, the 

6 entity shall be eligible for Federal financial as7 sistance under this section. 

8 ‘‘(3) AVAILABILITY OF INFORMATION.—Informa9 tion in the repository shall not be subject to sections 

10 552 and 555 of title 5, United States Code. 

11 ‘‘(h) ADVISORY COMMITTEE.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall establish 

13 an Advisory Committee to advise the Secretary on 

14 carrying out this chapter. 

15 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

16 shall have no more than 20 members, be balanced be17 tween metropolitan and rural interests, and include, 

18 at a minimum— 

19 ‘‘(A) a representative from a State highway 

20 department; 

21 ‘‘(B) a representative from a local highway 

22 department who is not from a metropolitan 

23 planning organization; 

24 ‘‘(C) a representative from a State, local, or 

25 regional transit agency; 
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1 ‘‘(D) a representative from a metropolitan 

2 planning organization; 

3 ‘‘(E) a private sector user of intelligent 

4 transportation system technologies; 

5 ‘‘(F) an academic researcher with expertise 

6 in computer science or another information 

7 science field related to intelligent transportation 

8 systems, and who is not an expert on transpor9 tation issues; 

10 ‘‘(G) an academic researcher who is a civil 

11 engineer; 

12 ‘‘(H) an academic researcher who is a so13 cial scientist with expertise in transportation 

14 issues; 

15 ‘‘(I) a representative from a nonprofit 

16 group representing the intelligent transportation 

17 system industry; 

18 ‘‘(J) a representative from a public interest 

19 group concerned with safety; 

20 ‘‘(K) a representative from a public interest 

21 group concerned with the impact of the transpor22 tation system on land use and residential pat23 terns; and 
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1 ‘‘(L) members with expertise in planning, 

2 safety, telecommunications, utilities, and oper3 ations. 

4 ‘‘(3) DUTIES.—The Advisory Committee shall, at 

5 a minimum, perform the following duties: 

6 ‘‘(A) Provide input into the development of 

7 the intelligent transportation system aspects of 

8 the strategic plan under section 508. 

9 ‘‘(B) Review, at least annually, areas of in10 telligent transportation systems research being 

11 considered for funding by the Department, to de12 termine— 

13 ‘‘(i) whether these activities are likely 

14 to advance either the state-of-the-practice or 

15 state-of-the-art in intelligent transportation 

16 systems; 

17 ‘‘(ii) whether the intelligent transpor18 tation system technologies are likely to be 

19 deployed by users, and if not, to determine 

20 the barriers to deployment; and 

21 ‘‘(iii) the appropriate roles for govern22 ment and the private sector in investing in 

23 the research and technologies being consid24 ered. 
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1 ‘‘(4) REPORT.—Not later than February 1 of 

2 each year after the date of enactment of the Transpor3 tation Research and Innovative Technology Act of 

4 2012, the Secretary shall submit to Congress a report 

5 that includes— 

6 ‘‘(A) all recommendations made by the Ad7 visory Committee during the preceding calendar 

8 year; 

9 ‘‘(B) an explanation of the manner in 

10 which the Secretary has implemented those rec11 ommendations; and 

12 ‘‘(C) for recommendations not implemented, 

13 the reasons for rejecting the recommendations. 

14 ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY COM15 MITTEE ACT.—The Advisory Committee shall be sub16 ject to the Federal Advisory Committee Act (5 U.S.C. 

17 App.). 

18 ‘‘(i) REPORTING.— 

19 ‘‘(1) GUIDELINES AND REQUIREMENTS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 issue guidelines and requirements for the report22 ing and evaluation of operational tests and de23 ployment projects carried out under this chapter. 

24 ‘‘(B) OBJECTIVITY AND INDEPENDENCE.— 

25 The guidelines and requirements issued under 
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1 subparagraph (A) shall include provisions to en2 sure the objectivity and independence of the re3 porting entity so as to avoid any real or appar4 ent conflict of interest or potential influence on 

5 the outcome by parties to any such test or de6 ployment project or by any other formal evalua7 tion carried out under this chapter. 

8 ‘‘(C) FUNDING.—The guidelines and re9 quirements issued under subparagraph (A) shall 

10 establish reporting funding levels based on the 

11 size and scope of each test or project that ensure 

12 adequate reporting of the results of the test or 

13 project. 

14 ‘‘(2) SPECIAL RULE.—Any survey, questionnaire, 

15 or interview that the Secretary considers necessary to 

16 carry out the reporting of any test, deployment 

17 project, or program assessment activity under this 

18 chapter shall not be subject to chapter 35 of title 44, 

19 United States Code.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 5 of title 23, United States Code, is amended by 

22 adding after the item relating to section 514 (as added by 

23 section 53002) the following: 

‘‘515. General authorities and requirements.’’. 
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1 SEC. 53004. RESEARCH AND DEVELOPMENT. 

2 (a) IN GENERAL.—Chapter 5 of title 23, United States 

3 Code, is amended by adding after section 515 (as added 

4 by section 53003) the following: 

5 ‘‘§ 516. Research and development 

6 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

7 comprehensive program of intelligent transportation system 

8 research and development, and operational tests of intel9 ligent vehicles, intelligent infrastructure systems, and other 

10 similar activities that are necessary to carry out this chap11 ter. 

12 ‘‘(b) PRIORITY AREAS.—Under the program, the Sec13 retary shall give higher priority to funding projects that— 

14 ‘‘(1) enhance mobility and productivity through 

15 improved traffic management, incident management, 

16 transit management, freight management, road 

17 weather management, toll collection, traveler informa18 tion, or highway operations systems and remote sens19 ing products; 

20 ‘‘(2) use interdisciplinary approaches to develop 

21 traffic management strategies and tools to address 

22 multiple impacts of congestion concurrently; 

23 ‘‘(3) address traffic management, incident man24 agement, transit management, toll collection traveler 

25 information, or highway operations systems; 
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1 ‘‘(4) incorporate research on the impact of envi2 ronmental, weather, and natural conditions on intel3 ligent transportation systems, including the effects of 

4 cold climates; 

5 ‘‘(5) enhance intermodal use of intelligent trans6 portation systems for diverse groups, including for 

7 emergency and health-related services; 

8 ‘‘(6) enhance safety through improved crash 

9 avoidance and protection, crash and other notifica10 tion, commercial motor vehicle operations, and infra11 structure-based or cooperative safety systems; or 

12 ‘‘(7) facilitate the integration of intelligent infra13 structure, vehicle, and control technologies. 

14 ‘‘(c) FEDERAL SHARE.—The Federal share payable on 

15 account of any project or activity carried out under sub16 section (a) shall not exceed 80 percent.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 chapter 5 of title 23, United States Code, is amended by 

19 adding after the item relating to section 515 (as added by 

20 section 53004) the following: 

‘‘516. Research and development.’’. 

21 SEC. 53005. NATIONAL ARCHITECTURE AND STANDARDS. 

22 (a) IN GENERAL.—Chapter 5 of title 23, United States 

23 Code, is amended by adding after section 516 (as added 

24 by section 53004) the following: 
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1 ‘‘§ 517. National architecture and standards 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

4 MAINTENANCE.—In accordance with section 12(d) of 

5 the National Technology Transfer and Advancement 

6 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783; 115 

7 Stat. 1241), the Secretary shall develop and maintain 

8 a national ITS architecture and supporting ITS 

9 standards and protocols to promote the use of systems 

10 engineering methods in the widespread deployment 

11 and evaluation of intelligent transportation systems 

12 as a component of the surface transportation systems 

13 of the United States. 

14 ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To 

15 the maximum extent practicable, the national ITS ar16 chitecture and supporting ITS standards and proto17 cols shall promote interoperability among, and effi18 ciency of, intelligent transportation systems and tech19 nologies implemented throughout the United States. 

20 ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGANI21 ZATIONS.—In carrying out this section, the Secretary 

22 shall support the development and maintenance of 

23 standards and protocols using the services of such 

24 standards development organizations as the Secretary 

25 determines to be necessary and whose memberships 

26 are comprised of, and represent, the surface transpor-
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1 tation and intelligent transportation systems indus2 tries. 

3 ‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMENTA4 TION.—If the Secretary finds that a standard is necessary 

5 for implementation of a nationwide policy relating to user 

6 fee collection or other capability requiring nationwide uni7 formity, the Secretary, after consultation with stakeholders, 

8 may establish and require the use of that standard. 

9 ‘‘(c) PROVISIONAL STANDARDS.— 

10 ‘‘(1) IN GENERAL.—If the Secretary finds that 

11 the development or balloting of an intelligent trans12 portation system standard jeopardizes the timely 

13 achievement of the objectives described in subsection 

14 (a), the Secretary may establish a provisional stand15 ard, after consultation with affected parties, using, to 

16 the maximum extent practicable, the work product of 

17 appropriate standards development organizations. 

18 ‘‘(2) PERIOD OF EFFECTIVENESS.—A provisional 

19 standard established under paragraph (1) shall be 

20 published in the Federal Register and remain in effect 

21 until the appropriate standards development organi22 zation adopts and publishes a standard. 

23 ‘‘(d) CONFORMITY WITH NATIONAL ARCHITECTURE.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), the Secretary shall ensure that intelligent 
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1 transportation system projects carried out using 

2 amounts made available from the Highway Trust 

3 Fund, including amounts made available to deploy 

4 intelligent transportation systems, conform to the ap5 propriate regional ITS architecture, applicable stand6 ards, and protocols developed under subsection (a) or 

7 (c). 

8 ‘‘(2) DISCRETION OF THE SECRETARY.—The Sec9 retary, at the discretion of the Secretary, may offer 

10 an exemption from paragraph (1) for projects de11 signed to achieve specific research objectives outlined 

12 in the national intelligent transportation system pro13 gram plan or the surface transportation research and 

14 development strategic plan developed under section 

15 508.’’. 

16 (b) CONFORMING AMENDMENT.—The analysis for 

17 chapter 5 of title 23, United States Code, is amended by 

18 adding after the item relating to section 516 (as added by 

19 section 53004) the following: 

‘‘517. National architecture and standards.’’. 

20 SEC. 53006. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRA21 STRUCTURE COMMUNICATIONS SYSTEMS DE22 PLOYMENT. 

23 (a) IN GENERAL.—Chapter 5 of title 23, United States 

24 Code, is amended by adding after section 517 (as added 

25 by section 53005) the following: 
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1 ‘‘§ 518. Vehicle-to-vehicle and vehicle-to-infrastructure 

2 communications systems deployment 

3 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

4 date of enactment of this section, the Secretary shall submit 

5 a report to the Committee on Commerce, Science, and 

6 Transportation of the Senate, the Committee on Environ7 ment and Public Works of the Senate, the Committee on 

8 Transportation and Infrastructure of the House of Rep9 resentatives, and the Committee on Energy and Commerce 

10 of the House of Representatives that— 

11 ‘‘(1) defines a recommended implementation 

12 path for dedicated short-range communications tech13 nology and applications; 

14 ‘‘(2) includes guidance on the relationship of the 

15 proposed deployment of dedicated short-range commu16 nications to the National ITS Architecture and ITS 

17 Standards; and 

18 ‘‘(3) ensures competition by not preferencing the 

19 use of any particular frequency for vehicle to infra20 structure operations. 

21 ‘‘(b) REPORT REVIEW.—The Secretary shall enter into 

22 agreements with the National Research Council and an 

23 independent third party with subject matter expertise for 

24 the review of the report described in subsection (a).’’. 

25 (b) CONFORMING AMENDMENT.—The analysis for 

26 chapter 5 of title 23, United States Code, is amended by 
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1 adding after section 517 (as added by section 53005) the 

2 following: 

‘‘518. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.’’. 

3 DIVISION F—MISCELLANEOUS 

4 TITLE I—REAUTHORIZATION OF 

5 CERTAIN PROGRAMS 

6 Subtitle A—Secure Rural Schools 

7 and Community Self-determina8 tion Program 

9 SEC. 100101. SECURE RURAL SCHOOLS AND COMMUNITY 

10 SELF-DETERMINATION PROGRAM. 

11 (a) AMENDMENTS.—The Secure Rural Schools and 

12 Community Self-Determination Act of 2000 (16 U.S.C. 

13 7101 et seq.) is amended— 

14 (1) in section 3(11)— 

15 (A) in subparagraph (A), by striking ‘‘and’’ 

16 after the semicolon at the end; 

17 (B) in subparagraph (B)— 

18 (i) by striking ‘‘fiscal year 2009 and 

19 each fiscal year thereafter’’ and inserting 

20 ‘‘each of fiscal years 2009 through 2011’’; 

21 and 

22 (ii) by striking the period at the end 

23 and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(C) for fiscal year 2012 and each fiscal 

2 year thereafter, the amount that is equal to 95 

3 percent of the full funding amount for the pre4 ceding fiscal year.’’; 

5 (2) in sections 101, 102, 203, 207, 208, 304, and 

6 402, by striking ‘‘2011’’ each place it appears and in7 serting ‘‘2012’’; 

8 (3) in section 102— 

9 (A) by striking ‘‘2008’’ each place it ap10 pears and inserting ‘‘2012’’; 

11 (B) in subsection (b)(2)(B), by inserting 

12 ‘‘in 2012’’ before ‘‘, the election’’; and 

13 (C) in subsection (d)— 

14 (i) in paragraph (1)(A), by striking 

15 ‘‘paragraph (3)(B)’’ and inserting ‘‘sub16 paragraph (D)’’; and 

17 (ii) in paragraph (3)— 

18 (I) by striking subparagraph (A) 

19 and inserting the following: 

20 ‘‘(A) NOTIFICATION.—The Governor of each 

21 eligible State shall notify the Secretary concerned 

22 of an election by an eligible county under this 

23 subsection not later than September 30, 2012, 

24 and each September 30 thereafter for each suc25 ceeding fiscal year.’’; 
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1 (II) by redesignating subpara2 graph (B) as subparagraph (D) and 

3 moving the subparagraph so as to ap4 pear at the end of paragraph (1) of 

5 subsection (d); and 

6 (III) by inserting after subpara7 graph (A) the following: 

8 ‘‘(B) FAILURE TO ELECT.—If the Governor 

9 of an eligible State fails to notify the Secretary 

10 concerned of the election for an eligible county by 

11 the date specified in subparagraph (A)— 

12 ‘‘(i) the eligible county shall be consid13 ered to have elected to expend 80 percent of 

14 the funds in accordance with paragraph 

15 (1)(A); and 

16 ‘‘(ii) the remainder shall be available 

17 to the Secretary concerned to carry out 

18 projects in the eligible county to further the 

19 purpose described in section 202(b).’’; 

20 (4) in section 103(d)(2), by striking ‘‘fiscal year 

21 2011’’ and inserting ‘‘each of fiscal years 2011 and 

22 2012’’; 

23 (5) in section 202, by adding at the end the fol24 lowing: 
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1 ‘‘(c) ADMINISTRATIVE EXPENSES.—A resource advi2 sory committee may, in accordance with section 203, pro3 pose to use not more than 10 percent of the project funds 

4 of an eligible county for any fiscal year for administrative 

5 expenses associated with operating the resource advisory 

6 committee under this title.’’; 

7 (6) in section 204(e)(3)(B)(iii), by striking ‘‘and 

8 2011’’ and inserting ‘‘through 2012’’; 

9 (7) in section 205(a)(4), by striking ‘‘2006’’ each 

10 place it appears and inserting ‘‘2011’’; 

11 (8) in section 208(b), by striking ‘‘2012’’ and in12 serting ‘‘2013’’; 

13 (9) in section 302(a)(2)(A), by inserting ‘‘and’’ 

14 after the semicolon; and 

15 (10) in section 304(b), by striking ‘‘2012’’ and 

16 inserting ‘‘2013’’. 

17 (b) FAILURE TO MAKE ELECTION.—For each county 

18 that failed to make an election for fiscal year 2011 in ac19 cordance with section 102(d)(3)(A) of the Secure Rural 

20 Schools and Community Self-Determination Act of 2000 

21 (16 U.S.C. 7112(d)(3)(A)), there shall be available to the 

22 Secretary of Agriculture to carry out projects to further the 

23 purpose described in section 202(b) of that Act (16 U.S.C. 

24 7122(b)), from amounts in the Treasury not otherwise ap25 propriated, the amount that is equal to 15 percent of the 
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1 total share of the State payment that otherwise would have 

2 been made to the county under that Act for fiscal year 2011. 

3 Subtitle B—Payment in Lieu of 

4 Taxes Program 

5 SEC. 100111. PAYMENTS IN LIEU OF TAXES. 

6 Section 6906 of title 31, United States Code, is amend7 ed by striking ‘‘2012’’ and inserting ‘‘2013’’. 

8 Subtitle C—Offsets 

9 SEC. 100112. TAX REPORTING FOR LIFE SETTLEMENT 

10 TRANSACTIONS. 

11 (a) IN GENERAL.—Subpart B of part III of subchapter 

12 A of chapter 61 of the Internal Revenue Code of 1986 is 

13 amended by adding at the end the following new section: 

14 ‘‘SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSUR15 ANCE CONTRACT TRANSACTIONS. 

16 ‘‘(a) REQUIREMENT OF REPORTING OF CERTAIN PAY17 MENTS.— 

18 ‘‘(1) IN GENERAL.—Every person who acquires a 

19 life insurance contract or any interest in a life insur20 ance contract in a reportable policy sale during any 

21 taxable year shall make a return for such taxable year 

22 (at such time and in such manner as the Secretary 

23 shall prescribe) setting forth— 

24 ‘‘(A) the name, address, and TIN of such 

25 person, 
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1 ‘‘(B) the name, address, and TIN of each re2 cipient of payment in the reportable policy sale, 

3 ‘‘(C) the date of such sale, 

4 ‘‘(D) the name of the issuer of the life insur5 ance contract sold and the policy number of such 

6 contract, and 

7 ‘‘(E) the amount of each payment. 

8 ‘‘(2) STATEMENT TO BE FURNISHED TO PERSONS

9 WITH RESPECT TO WHOM INFORMATION IS RE10 QUIRED.—Every person required to make a return 

11 under this subsection shall furnish to each person 

12 whose name is required to be set forth in such return 

13 a written statement showing— 

14 ‘‘(A) the name, address, and phone number 

15 of the information contact of the person required 

16 to make such return, and 

17 ‘‘(B) the information required to be shown 

18 on such return with respect to such person, ex19 cept that in the case of an issuer of a life insur20 ance contract, such statement is not required to 

21 include the information specified in paragraph 

22 (1)(E). 

23 ‘‘(b) REQUIREMENT OF REPORTING OF SELLER’S

24 BASIS IN LIFE INSURANCE CONTRACTS.— 
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1 ‘‘(1) IN GENERAL.—Upon receipt of the state2 ment required under subsection (a)(2) or upon notice 

3 of a transfer of a life insurance contract to a foreign 

4 person, each issuer of a life insurance contract shall 

5 make a return (at such time and in such manner as 

6 the Secretary shall prescribe) setting forth— 

7 ‘‘(A) the name, address, and TIN of the sell8 er who transfers any interest in such contract in 

9 such sale, 

10 ‘‘(B) the investment in the contract (as de11 fined in section 72(e)(6)) with respect to such 

12 seller, and 

13 ‘‘(C) the policy number of such contract. 

14 ‘‘(2) STATEMENT TO BE FURNISHED TO PERSONS

15 WITH RESPECT TO WHOM INFORMATION IS RE16 QUIRED.—Every person required to make a return 

17 under this subsection shall furnish to each person 

18 whose name is required to be set forth in such return 

19 a written statement showing— 

20 ‘‘(A) the name, address, and phone number 

21 of the information contact of the person required 

22 to make such return, and 

23 ‘‘(B) the information required to be shown 

24 on such return with respect to each seller whose 

25 name is required to be set forth in such return. 
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1 ‘‘(c) REQUIREMENT OF REPORTING WITH RESPECT TO

2 REPORTABLE DEATH BENEFITS.— 

3 ‘‘(1) IN GENERAL.—Every person who makes a 

4 payment of reportable death benefits during any tax5 able year shall make a return for such taxable year 

6 (at such time and in such manner as the Secretary 

7 shall prescribe) setting forth— 

8 ‘‘(A) the name, address, and TIN of the per9 son making such payment, 

10 ‘‘(B) the name, address, and TIN of each re11 cipient of such payment, 

12 ‘‘(C) the date of each such payment, and 

13 ‘‘(D) the amount of each such payment. 

14 ‘‘(2) STATEMENT TO BE FURNISHED TO PERSONS

15 WITH RESPECT TO WHOM INFORMATION IS RE16 QUIRED.—Every person required to make a return 

17 under this subsection shall furnish to each person 

18 whose name is required to be set forth in such return 

19 a written statement showing— 

20 ‘‘(A) the name, address, and phone number 

21 of the information contact of the person required 

22 to make such return, and 

23 ‘‘(B) the information required to be shown 

24 on such return with respect to each recipient of 
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1 payment whose name is required to be set forth 

2 in such return. 

3 ‘‘(d) DEFINITIONS.—For purposes of this section: 

4 ‘‘(1) PAYMENT.—The term ‘payment’ means the 

5 amount of cash and the fair market value of any con6 sideration transferred in a reportable policy sale. 

7 ‘‘(2) REPORTABLE POLICY SALE.—The term ‘re8 portable policy sale’ has the meaning given such term 

9 in section 101(a)(3)(B). 

10 ‘‘(3) ISSUER.—The term ‘issuer’ means any life 

11 insurance company that bears the risk with respect to 

12 a life insurance contract on the date any return or 

13 statement is required to be made under this section. 

14 ‘‘(4) REPORTABLE DEATH BENEFITS.—The term 

15 ‘reportable death benefits’ means amounts paid by 

16 reason of the death of the insured under a life insur17 ance contract that has been transferred in a report18 able policy sale.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections for 

20 subpart B of part III of subchapter A of chapter 61 of the 

21 Internal Revenue Code of 1986 is amended by inserting 

22 after the item relating to section 6050W the following new 

23 item: 

‘‘Sec. 6050X. Returns relating to certain life insurance contract transactions.’’. 

24 (c) CONFORMING AMENDMENTS.— 
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1 (1) Subsection (d) of section 6724 of the Internal 

2 Revenue Code of 1986 is amended— 

3 (A) by striking ‘‘or’’ at the end of clause 

4 (xxiv) of paragraph (1)(B), by striking ‘‘and’’ at 

5 the end of clause (xxv) of such paragraph and 

6 inserting ‘‘or’’, and by inserting after such clause 

7 (xxv) the following new clause: 

8 ‘‘(xxvi) section 6050X (relating to re9 turns relating to certain life insurance con10 tract transactions), and’’, and 

11 (B) by striking ‘‘or’’ at the end of subpara12 graph (GG) of paragraph (2), by striking the pe13 riod at the end of subparagraph (HH) of such 

14 paragraph and inserting ‘‘, or’’, and by insert15 ing after such subparagraph (HH) the following 

16 new subparagraph: 

17 ‘‘(II) subsection (a)(2), (b)(2), or (c)(2) of 

18 section 6050X (relating to returns relating to 

19 certain life insurance contract transactions).’’. 

20 (2) Section 6047 of such Code is amended— 

21 (A) by redesignating subsection (g) as sub22 section (h), 

23 (B) by inserting after subsection (f) the fol24 lowing new subsection: 
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1 ‘‘(g) INFORMATION RELATING TO LIFE INSURANCE

2 CONTRACT TRANSACTIONS.—This section shall not apply to 

3 any information which is required to be reported under sec4 tion 6050X.’’, and 

5 (C) by adding at the end of subsection (h), 

6 as so redesignated, the following new paragraph: 

7 ‘‘(4) For provisions requiring reporting of infor8 mation relating to certain life insurance contract 

9 transactions, see section 6050X.’’. 

10 (d) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to— 

12 (1) reportable policy sales after December 31, 

13 2012, and 

14 (2) reportable death benefits paid after December 

15 31, 2012. 

16 SEC. 100113. CLARIFICATION OF TAX BASIS OF LIFE INSUR17 ANCE CONTRACTS. 

18 (a) CLARIFICATION WITH RESPECT TO ADJUST19 MENTS.—Paragraph (1) of section 1016(a) of the Internal 

20 Revenue Code of 1986 is amended by striking subparagraph 

21 (A) and all that follows and inserting the following: 

22 ‘‘(A) for— 

23 ‘‘(i) taxes or other carrying charges de24 scribed in section 266; or 
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1 ‘‘(ii) expenditures described in section 

2 173 (relating to circulation expenditures), 

3 for which deductions have been taken by the tax4 payer in determining taxable income for the tax5 able year or prior taxable years; or 

6 ‘‘(B) for mortality, expense, or other reason7 able charges incurred under an annuity or life 

8 insurance contract;’’. 

9 (b) EFFECTIVE DATE.—The amendment made by this 

10 section shall apply to transactions entered into after August 

11 25, 2009. 

12 SEC. 100114. EXCEPTION TO TRANSFER FOR VALUABLE 

13 CONSIDERATION RULES. 

14 (a) IN GENERAL.—Subsection (a) of section 101 of the 

15 Internal Revenue Code of 1986 is amended by adding at 

16 the end the following new paragraph: 

17 ‘‘(3) EXCEPTION TO VALUABLE CONSIDERATION

18 RULES FOR COMMERCIAL TRANSFERS.— 

19 ‘‘(A) IN GENERAL.—The second sentence of 

20 paragraph (2) shall not apply in the case of a 

21 transfer of a life insurance contract, or any in22 terest therein, which is a reportable policy sale. 

23 ‘‘(B) REPORTABLE POLICY SALE.—For pur24 poses of this paragraph, the term ‘reportable pol25 icy sale’ means the acquisition of an interest in 
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1 a life insurance contract, directly or indirectly, 

2 if the acquirer has no substantial family, busi3 ness, or financial relationship with the insured 

4 apart from the acquirer’s interest in such life in5 surance contract. For purposes of the preceding 

6 sentence, the term ‘indirectly’ applies to the ac7 quisition of an interest in a partnership, trust, 

8 or other entity that holds an interest in the life 

9 insurance contract.’’. 

10 (b) CONFORMING AMENDMENT.—Paragraph (1) of sec11 tion 101(a) of the Internal Revenue Code of 1986 is amend12 ed by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs 

13 (2) and (3)’’. 

14 (c) EFFECTIVE DATE.—The amendments made by this 

15 section shall apply to transfers after December 31, 2012. 

16 SEC. 100115. PHASED RETIREMENT AUTHORITY. 

17 (a) CSRS.—Chapter 83 of title 5, United States Code, 

18 is amended— 

19 (1) in section 8331— 

20 (A) in paragraph (30) by striking ‘‘and’’ at 

21 the end; 

22 (B) in paragraph (31) by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 
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1 ‘‘(32) ‘Director’ means the Director of the Office 

2 of Personnel Management.’’; 

3 (2) by inserting after section 8336 the following: 

4 ‘‘§ 8336a. Phased retirement 

5 ‘‘(a) For the purposes of this section— 

6 ‘‘(1) the term ‘composite retirement annuity’ 

7 means the annuity computed when a phased retiree 

8 attains full retirement status; 

9 ‘‘(2) the term ‘full retirement status’ means that 

10 a phased retiree has ceased employment and is enti11 tled, upon application, to a composite retirement an12 nuity; 

13 ‘‘(3) the term ‘phased employment’ means the 

14 less-than-full-time employment of a phased retiree; 

15 ‘‘(4) the term ‘phased retiree’ means a retire16 ment-eligible employee who— 

17 ‘‘(A) makes an election under subsection (b); 

18 and 

19 ‘‘(B) has not entered full retirement status; 

20 ‘‘(5) the term ‘phased retirement annuity’ means 

21 the annuity payable under this section before full re22 tirement; 

23 ‘‘(6) the term ‘phased retirement percentage’ 

24 means the percentage which, when added to the work-
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1 ing percentage for a phased retiree, produces a sum 

2 of 100 percent; 

3 ‘‘(7) the term ‘phased retirement period’ means 

4 the period beginning on the date on which an indi5 vidual becomes entitled to receive a phased retirement 

6 annuity and ending on the date on which the indi7 vidual dies or separates from phased employment; 

8 ‘‘(8) the term ‘phased retirement status’ means 

9 that a phased retiree is concurrently employed in 

10 phased employment and eligible to receive a phased 

11 retirement annuity; 

12 ‘‘(9) the term ‘retirement-eligible employee’— 

13 ‘‘(A) means an individual who, if the indi14 vidual separated from the service, would meet the 

15 requirements for retirement under subsection (a) 

16 or (b) of section 8336; and 

17 ‘‘(B) does not include— 

18 ‘‘(i) an individual who, if the indi19 vidual separated from the service, would 

20 meet the requirements for retirement under 

21 subsection (c), (e), (m), or (n) of section 

22 8336; or 

23 ‘‘(ii) a law enforcement officer, fire24 fighter, nuclear materials courier, air traffic 

25 controller, customs and border protection of-
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1 ficer, or member of the Capitol Police or 

2 Supreme Court Police; and 

3 ‘‘(10) the term ‘working percentage’ means the 

4 percentage of full-time employment equal the quotient 

5 obtained by dividing— 

6 ‘‘(A) the number of hours per pay period to 

7 be worked by a phased retiree as scheduled in ac8 cordance with subsection (b)(2); by 

9 ‘‘(B) the number of hours per pay period to 

10 be worked by an employee serving in a com11 parable position on a full-time basis. 

12 ‘‘(b)(1) With the concurrence of the head of the employ13 ing agency, and under regulations promulgated by the Di14 rector, a retirement-eligible employee who has been em15 ployed on a full time basis for not less than the 3-year pe16 riod ending on the date on which the retirement-eligible em17 ployee makes an election under this subsection may elect 

18 to enter phased retirement status. 

19 ‘‘(2)(A) Subject to subparagraph (B), at the time of 

20 entering phased retirement status, a phased retiree shall be 

21 appointed to a position for which the working percentage 

22 is 50 percent. 

23 ‘‘(B) The Director may, by regulation, provide for 

24 working percentages different from the percentage specified 
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1 under subparagraph (A), which shall be not less than 20 

2 percent and not more than 80 percent. 

3 ‘‘(C) The working percentage for a phased retiree may 

4 not be changed during the phased retiree’s phased retire5 ment period. 

6 ‘‘(D)(i) Not less than 20 percent of the hours to be 

7 worked by a phased retiree shall consist of mentoring. 

8 ‘‘(ii) The Director may, by regulation, provide for ex9 ceptions to the requirement under clause (i). 

10 ‘‘(3) A phased retiree— 

11 ‘‘(A) may not be employed in more than one po12 sition at any time; and 

13 ‘‘(B) may transfer to another position in the 

14 same or a different agency, if the transfer does not re15 sult in a change in the working percentage. 

16 ‘‘(4) A retirement-eligible employee may make only one 

17 election under this subsection during the retirement-eligible 

18 employee’s lifetime. 

19 ‘‘(5) A retirement-eligible employee who makes an elec20 tion under this subsection may not make an election under 

21 section 8343a. 

22 ‘‘(c)(1) Except as otherwise provided under this sub23 section, the phased retirement annuity for a phased retiree 

24 is the product obtained by multiplying— 
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1 ‘‘(A) the amount of an annuity computed under 

2 section 8339 that would have been payable to the 

3 phased retiree if, on the date on which the phased re4 tiree enters phased retirement status, the phased re5 tiree had separated from service and retired under 

6 section 8336(a) or (b); by 

7 ‘‘(B) the phased retirement percentage for the 

8 phased retiree. 

9 ‘‘(2) A phased retirement annuity shall be paid in ad10 dition to the basic pay for the position to which a phased 

11 retiree is appointed during phased employment. 

12 ‘‘(3) A phased retirement annuity shall be adjusted in 

13 accordance with section 8340. 

14 ‘‘(4)(A) A phased retirement annuity shall not be sub15 ject to reduction for any form of survivor annuity, shall 

16 not serve as the basis of the computation of any survivor 

17 annuity, and shall not be subject to any court order requir18 ing a survivor annuity to be provided to any individual. 

19 ‘‘(B) A phased retirement annuity shall be subject to 

20 a court order providing for division, allotment, assignment, 

21 execution, levy, attachment, garnishment, or other legal 

22 process on the same basis as other annuities. 

23 ‘‘(5) Any reduction of a phased retirement annuity 

24 based on an election under section 8334(d)(2) shall be ap-
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† HR 4348 EAS 

1 plied to the phased retirement annuity after computation 

2 under paragraph (1). 

3 ‘‘(6)(A) Any deposit, or election of an actuarial annu4 ity reduction in lieu of a deposit, for military service or 

5 for creditable civilian service for which retirement deduc6 tions were not made or refunded shall be made by a retire7 ment-eligible employee at or before the time the retirement8 eligible employee enters phased retirement status. No such 

9 deposit may be made, or actuarial adjustment in lieu there10 of elected, at the time a phased retiree enters full retirement 

11 status. 

12 ‘‘(B) Notwithstanding subparagraph (A), if a phased 

13 retiree does not make such a deposit and dies in service 

14 as a phased retiree, a survivor of the phased retiree shall 

15 have the same right to make such deposit as would have 

16 been available had the employee not entered phased retire17 ment status and died in service. 

18 ‘‘(C) If a phased retiree makes an election for an actu19 arial annuity reduction under section 8334(d)(2) and dies 

20 in service as a phased retiree, the amount of any deposit 

21 upon which such actuarial reduction shall have been based 

22 shall be deemed to have been fully paid. 

23 ‘‘(7) A phased retirement annuity shall commence on 

24 the date on which a phased retiree enters phased employ25 ment. 
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1 ‘‘(8) No unused sick leave credit may be used in the 

2 computation of the phased retirement annuity. 

3 ‘‘(d) All basic pay not in excess of the full-time rate 

4 of pay for the position to which a phased retiree is ap5 pointed shall be deemed to be basic pay for purposes of sec6 tion 8334. 

7 ‘‘(e) Under such procedures as the Director may pre8 scribe, a phased retiree may elect to enter full retirement 

9 status at any time. Upon making such an election, a phased 

10 retiree shall be entitled to a composite retirement annuity. 

11 ‘‘(f)(1) Except as provided otherwise under this sub12 section, a composite retirement annuity is a single annuity 

13 computed under regulations prescribed by the Director, 

14 equal to the sum of— 

15 ‘‘(A) the amount of the phased retirement annu16 ity as of the date of full retirement, before any reduc17 tion based on an election under section 8334(d)(2), 

18 and including any adjustments made under section 

19 8340; and 

20 ‘‘(B) the product obtained by multiplying— 

21 ‘‘(i) the amount of an annuity computed 

22 under section 8339 that would have been payable 

23 at the time of full retirement if the individual 

24 had not elected a phased retirement and as if the 

25 individual was employed on a full-time basis in 
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1 the position occupied during the phased retire2 ment period and before any reduction for sur3 vivor annuity or reduction based on an election 

4 under section 8334(d)(2); by 

5 ‘‘(ii) the working percentage. 

6 ‘‘(2) After computing a composite retirement annuity 

7 under paragraph (1), the Director shall adjust the amount 

8 of the annuity for any applicable reductions for a survivor 

9 annuity and any previously elected actuarial reduction 

10 under section 8334(d)(2). 

11 ‘‘(3) A composite retirement annuity shall be adjusted 

12 in accordance with section 8340, except that subsection 

13 (c)(1) of that section shall not apply. 

14 ‘‘(4) In computing a composite retirement annuity 

15 under paragraph (1)(B)(i), the unused sick leave to the 

16 credit of a phased retiree at the time of entry into full re17 tirement status shall be adjusted by dividing the number 

18 of hours of unused sick leave by the working percentage. 

19 ‘‘(g)(1) Under such procedures and conditions as the 

20 Director may provide, and with the concurrence of the head 

21 of the employing agency, a phased retiree may elect to ter22 minate phased retirement status and return to a full-time 

23 work schedule. 
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1 ‘‘(2) Upon entering a full-time work schedule based 

2 upon an election under paragraph (1), the phased retire3 ment annuity of a phased retiree shall terminate. 

4 ‘‘(3) After the termination of a phased retirement an5 nuity under this subsection, the individual’s rights under 

6 this subchapter shall be determined based on the law in ef7 fect at the time of any subsequent separation from service. 

8 For purposes of this subchapter or chapter 84, at time of 

9 the subsequent separation from service, the phased retire10 ment period shall be treated as if it had been a period of 

11 part-time employment with the work schedule described in 

12 subsection (b)(2). 

13 ‘‘(h) For purposes of section 8341— 

14 ‘‘(1) the death of a phased retiree shall be deemed 

15 to be the death in service of an employee; and 

16 ‘‘(2) the phased retirement period shall be 

17 deemed to have been a period of part-time employ18 ment with the work schedule described in subsection 

19 (b)(2). 

20 ‘‘(i) Employment of a phased retiree shall not be 

21 deemed to be part-time career employment, as defined in 

22 section 3401(2). 

23 ‘‘(j) A phased retiree is not eligible to apply for an 

24 annuity under section 8337. 
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1 ‘‘(k) For purposes of section 8341(h)(4), retirement 

2 shall be deemed to occur on the date on which a phased 

3 retiree enters into full retirement status. 

4 ‘‘(l) For purposes of sections 8343 and 8351, and sub5 chapter III of chapter 84, a phased retiree shall be deemed 

6 to be an employee. 

7 ‘‘(m) A phased retiree is not subject to section 8344. 

8 ‘‘(n) For purposes of chapter 87, a phased retiree shall 

9 be deemed to be receiving basic pay at the rate of a full10 time employee in the position to which the phased retiree 

11 is appointed.’’; and 

12 (3) in the table of sections by inserting after the 

13 item relating to section 8336 the following: 

‘‘8336a. Phased retirement.’’. 

14 (b) FERS.—Chapter 84 of title 5, United States Code, 

15 is amended— 

16 (1) by inserting after section 8412 the following 

17 new section: 

18 ‘‘§ 8412a. Phased retirement 

19 ‘‘(a) For the purposes of this section— 

20 ‘‘(1) the term ‘composite retirement annuity’ 

21 means the annuity computed when a phased retiree 

22 attains full retirement status; 

23 ‘‘(2) the term ‘full retirement status’ means that 

24 a phased retiree has ceased employment and is enti-
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1 tled, upon application, to a composite retirement an2 nuity; 

3 ‘‘(3) the term ‘phased employment’ means the 

4 less-than-full-time employment of a phased retiree; 

5 ‘‘(4) the term ‘phased retiree’ means a retire6 ment-eligible employee who— 

7 ‘‘(A) makes an election under subsection (b); 

8 and 

9 ‘‘(B) has not entered full retirement status; 

10 ‘‘(5) the term ‘phased retirement annuity’ means 

11 the annuity payable under this section before full re12 tirement; 

13 ‘‘(6) the term ‘phased retirement percentage’ 

14 means the percentage which, when added to the work15 ing percentage for a phased retiree, produces a sum 

16 of 100 percent; 

17 ‘‘(7) the term ‘phased retirement period’ means 

18 the period beginning on the date on which an indi19 vidual becomes entitled to receive a phased retirement 

20 annuity and ending on the date on which the indi21 vidual dies or separates from phased employment; 

22 ‘‘(8) the term ‘phased retirement status’ means 

23 that a phased retiree is concurrently employed in 

24 phased employment and eligible to receive a phased 

25 retirement annuity; 
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1 ‘‘(9) the term ‘retirement-eligible employee’— 

2 ‘‘(A) means an individual who, if the indi3 vidual separated from the service, would meet the 

4 requirements for retirement under subsection (a) 

5 or (b) of section 8412; and 

6 ‘‘(B) does not include— 

7 ‘‘(i) an individual who, if the indi8 vidual separated from the service, would 

9 meet the requirements for retirement under 

10 subsection (d) or (e) of section 8412; or 

11 ‘‘(ii) a law enforcement officer, fire12 fighter, nuclear materials courier, air traffic 

13 controller, customs and border protection of14 ficer, or member of the Capitol Police or 

15 Supreme Court Police; and 

16 ‘‘(10) the term ‘working percentage’ means the 

17 percentage of full-time employment equal to the 

18 quotient obtained by dividing— 

19 ‘‘(A) the number of hours per pay period to 

20 be worked by a phased retiree as scheduled in ac21 cordance with subsection (b)(2); by 

22 ‘‘(B) the number of hours per pay period to 

23 be worked by an employee serving in a com24 parable position on a full-time basis. 
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1 ‘‘(b)(1) With the concurrence of the head of the employ2 ing agency, and under regulations promulgated by the Di3 rector, a retirement-eligible employee who has been em4 ployed on a full time basis for not less than the 3-year pe5 riod ending on the date on which the retirement-eligible em6 ployee makes an election under this subsection may elect 

7 to enter phased retirement status. 

8 ‘‘(2)(A) Subject to subparagraph (B), at the time of 

9 entering phased retirement status, a phased retiree shall be 

10 appointed to a position for which the working percentage 

11 is 50 percent. 

12 ‘‘(B) The Director may, by regulation, provide for 

13 working percentages different from the percentage specified 

14 under subparagraph (A), which shall be not less than 20 

15 percent and not more than 80 percent. 

16 ‘‘(C) The working percentage for a phased retiree may 

17 not be changed during the phased retiree’s phased retire18 ment period. 

19 ‘‘(D)(i) Not less than 20 percent of the hours to be 

20 worked by a phased retiree shall consist of mentoring. 

21 ‘‘(ii) The Director may, by regulation, provide for ex22 ceptions to the requirement under clause (i). 

23 ‘‘(3) A phased retiree— 

24 ‘‘(A) may not be employed in more than one po25 sition at any time; and 
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1 ‘‘(B) may transfer to another position in the 

2 same or a different agency, if the transfer does not re3 sult in a change in the working percentage. 

4 ‘‘(4) A retirement-eligible employee may make only one 

5 election under this subsection during the retirement-eligible 

6 employee’s lifetime. 

7 ‘‘(5) A retirement-eligible employee who makes an elec8 tion under this subsection may not make an election under 

9 section 8420a. 

10 ‘‘(c)(1) Except as otherwise provided under this sub11 section, the phased retirement annuity for a phased retiree 

12 is the product obtained by multiplying— 

13 ‘‘(A) the amount of an annuity computed under 

14 section 8415 that would have been payable to the 

15 phased retiree if, on the date on which the phased re16 tiree enters phased retirement status, the phased re17 tiree had separated from service and retired under 

18 section 8412 (a) or (b); by 

19 ‘‘(B) the phased retirement percentage for the 

20 phased retiree. 

21 ‘‘(2) A phased retirement annuity shall be paid in ad22 dition to the basic pay for the position to which a phased 

23 retiree is appointed during the phased employment. 

24 ‘‘(3) A phased retirement annuity shall be adjusted in 

25 accordance with section 8462. 
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† HR 4348 EAS 

1 ‘‘(4)(A) A phased retirement annuity shall not be sub2 ject to reduction for any form of survivor annuity, shall 

3 not serve as the basis of the computation of any survivor 

4 annuity, and shall not be subject to any court order requir5 ing a survivor annuity to be provided to any individual. 

6 ‘‘(B) A phased retirement annuity shall be subject to 

7 a court order providing for division, allotment, assignment, 

8 execution, levy, attachment, garnishment, or other legal 

9 process on the same basis as other annuities. 

10 ‘‘(5)(A) Any deposit, or election of an actuarial annu11 ity reduction in lieu of a deposit, for military service or 

12 for creditable civilian service for which retirement deduc13 tions were not made or refunded, shall be made by a retire14 ment-eligible employee at or before the time the retirement15 eligible employee enters phased retirement status. No such 

16 deposit may be made, or actuarial adjustment in lieu there17 of elected, at the time a phased retiree enters full retirement 

18 status. 

19 ‘‘(B) Notwithstanding subparagraph (A), if a phased 

20 retiree does not make such a deposit and dies in service 

21 as a phased retiree, a survivor of the phased retiree shall 

22 have the same right to make such deposit as would have 

23 been available had the employee not entered phased retire24 ment status and died in service. 
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1 ‘‘(6) A phased retirement annuity shall commence on 

2 the date on which a phased retiree enters phased employ3 ment. 

4 ‘‘(7) No unused sick leave credit may be used in the 

5 computation of the phased retirement annuity. 

6 ‘‘(d) All basic pay not in excess of the full-time rate 

7 of pay for the position to which a phased retiree is ap8 pointed shall be deemed to be basic pay for purposes of sec9 tion 8422 and 8423. 

10 ‘‘(e) Under such procedures as the Director may pre11 scribe, a phased retiree may elect to enter full retirement 

12 status at any time. Upon making such an election, a phased 

13 retiree shall be entitled to a composite retirement annuity. 

14 ‘‘(f)(1) Except as provided otherwise under this sub15 section, a composite retirement annuity is a single annuity 

16 computed under regulations prescribed by the Director, 

17 equal to the sum of— 

18 ‘‘(A) the amount of the phased retirement annu19 ity as of the date of full retirement, including any ad20 justments made under section 8462; and 

21 ‘‘(B) the product obtained by multiplying— 

22 ‘‘(i) the amount of an annuity computed 

23 under section 8412 that would have been payable 

24 at the time of full retirement if the individual 

25 had not elected a phased retirement and as if the 
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1 individual was employed on a full-time basis in 

2 the position occupied during the phased retire3 ment period and before any adjustment to pro4 vide for a survivor annuity; by 

5 ‘‘(ii) the working percentage; 

6 ‘‘(2) After computing a composite retirement annuity 

7 under paragraph (1), the Director shall adjust the amount 

8 of the annuity for any applicable reductions for a survivor 

9 annuity. 

10 ‘‘(3) A composite retirement annuity shall be adjusted 

11 in accordance with section 8462, except that subsection 

12 (c)(1) of that section shall not apply. 

13 ‘‘(4) In computing a composite retirement annuity 

14 under paragraph (1)(B)(i), the unused sick leave to the 

15 credit of a phased retiree at the time of entry into full re16 tirement status shall be adjusted by dividing the number 

17 of hours of unused sick leave by the working percentage. 

18 ‘‘(g)(1) Under such procedures and conditions as the 

19 Director may provide, and with the concurrence of the head 

20 of employing agency, a phased retiree may elect to termi21 nate phased retirement status and return to a full-time 

22 work schedule. 

23 ‘‘(2) Upon entering a full-time work schedule based on 

24 an election under paragraph (1), the phased retirement an25 nuity of a phased retiree shall terminate. 
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1 ‘‘(3) After termination of the phased retirement annu2 ity under this subsection, the individual’s rights under this 

3 chapter shall be determined based on the law in effect at 

4 the time of any subsequent separation from service. For 

5 purposes of this chapter, at the time of the subsequent sepa6 ration from service, the phased retirement period shall be 

7 treated as if it had been a period of part-time employment 

8 with the work schedule described in subsection (b)(2). 

9 ‘‘(h) For purposes of subchapter IV— 

10 ‘‘(1) the death of a phased retiree shall be deemed 

11 to be the death in service of an employee; 

12 ‘‘(2) except for purposes of section 

13 8442(b)(1)(A)(i), the phased retirement period shall 

14 be deemed to have been a period of part-time employ15 ment with the work schedule described in subsection 

16 (b)(2) of this section; and 

17 ‘‘(3) for purposes of section 8442(b)(1)(A)(i), the 

18 phased retiree shall be deemed to have been at the full19 time rate of pay for the position occupied. 

20 ‘‘(i) Employment of a phased retiree shall not be 

21 deemed to be part-time career employment, as defined in 

22 section 3401(2). 

23 ‘‘(j) A phased retiree is not eligible to receive an annu24 ity supplement under section 8421. 
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1 ‘‘(k) For purposes of subchapter III, a phased retiree 

2 shall be deemed to be an employee. 

3 ‘‘(l) For purposes of section 8445(d), retirement shall 

4 be deemed to occur on the date on which a phased retiree 

5 enters into full retirement status. 

6 ‘‘(m) A phased retiree is not eligible to apply for an 

7 annuity under subchapter V. 

8 ‘‘(n) A phased retiree is not subject to section 8468. 

9 ‘‘(o) For purposes of chapter 87, a phased retiree shall 

10 be deemed to be receiving basic pay at the rate of a full11 time employee in the position to which the phased retiree 

12 is appointed.’’; and 

13 (2) in the table of sections by inserting after the 

14 item relating to section 8412 the following: 

‘‘8412a. Phased retirement.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

16 section shall take effect on the effective date of the imple17 menting regulations issued by the Director of the Office of 

18 Personnel Management. 

19 SEC. 100116. ROLL-YOUR-OWN CIGARETTE MACHINES. 

20 (a) IN GENERAL.—Subsection (d) of section 5702 of 

21 the Internal Revenue Code of 1986 is amended by adding 

22 at the end the following new flush sentence: 

23 ‘‘Such term shall include any person who for commercial 

24 purposes makes available for consumer use (including such 

25 consumer’s personal consumption or use under paragraph 
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† HR 4348 EAS 

1 (1)) a machine capable of making cigarettes, cigars, or other 

2 tobacco products. A person making such a machine avail3 able for consumer use shall be deemed the person making 

4 the removal as defined by subsection (j) with respect to any 

5 tobacco products manufactured by such machine.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section shall apply to articles removed after the date of the 

8 enactment of this Act. 

9 TITLE II—STOP TAX HAVEN 

10 ABUSE 

11 SEC. 100201. AUTHORIZING SPECIAL MEASURES AGAINST 

12 FOREIGN JURISDICTIONS, FINANCIAL INSTI13 TUTIONS, AND OTHERS THAT SIGNIFICANTLY 

14 IMPEDE UNITED STATES TAX ENFORCEMENT. 

15 Section 5318A of title 31, United States Code, is 

16 amended— 

17 (1) by striking the section heading and inserting 

18 the following: 

19 ‘‘§ 5318A. Special measures for jurisdictions, financial 

20 institutions, or international transactions 

21 that are of primary money laundering 

22 concern or significantly impede United 

23 States tax enforcement’’; 

24 (2) in subsection (a), by striking the subsection 

25 heading and inserting the following: 
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† HR 4348 EAS 

1 ‘‘(a) SPECIAL MEASURES TO COUNTER MONEY LAUN2 DERING AND EFFORTS TO SIGNIFICANTLY IMPEDE UNITED

3 STATES TAX ENFORCEMENT.—’’; 

4 (3) in subsection (c)— 

5 (A) by striking the subsection heading and 

6 inserting the following: 

7 ‘‘(c) CONSULTATIONS AND INFORMATION TO BE CON8 SIDERED IN FINDING JURISDICTIONS, INSTITUTIONS, 

9 TYPES OF ACCOUNTS, OR TRANSACTIONS TO BE OF PRI10 MARY MONEY LAUNDERING CONCERN OR TO BE SIGNIFI11 CANTLY IMPEDING UNITED STATES TAX ENFORCEMENT.— 

12 ’’; and 

13 (B) by inserting at the end of paragraph 

14 (2) thereof the following new subparagraph: 

15 ‘‘(C) OTHER CONSIDERATIONS.—The fact 

16 that a jurisdiction or financial institution is co17 operating with the United States on imple18 menting the requirements specified in chapter 4 

19 of the Internal Revenue Code of 1986 may be fa20 vorably considered in evaluating whether such 

21 jurisdiction or financial institution is signifi22 cantly impeding United States tax enforce23 ment.’’; 
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1 (4) in subsection (a)(1), by inserting ‘‘or is sig2 nificantly impeding United States tax enforcement’’ 

3 after ‘‘primary money laundering concern’’; 

4 (5) in subsection (a)(4)— 

5 (A) in subparagraph (A)— 

6 (i) by inserting ‘‘in matters involving 

7 money laundering,’’ before ‘‘shall consult’’; 

8 and 

9 (ii) by striking ‘‘and’’ at the end; 

10 (B) by redesignating subparagraph (B) as 

11 subparagraph (C); and 

12 (C) by inserting after subparagraph (A) the 

13 following: 

14 ‘‘(B) in matters involving United States tax 

15 enforcement, shall consult with the Commissioner 

16 of the Internal Revenue, the Secretary of State, 

17 the Attorney General of the United States, and 

18 in the sole discretion of the Secretary, such other 

19 agencies and interested parties as the Secretary 

20 may find to be appropriate; and’’; 

21 (6) in each of paragraphs (1)(A), (2), (3), and 

22 (4) of subsection (b), by inserting ‘‘or to be signifi23 cantly impeding United States tax enforcement’’ after 

24 ‘‘primary money laundering concern’’ each place that 

25 term appears; 
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1 (7) in subsection (b), by striking paragraph (5) 

2 and inserting the following: 

3 ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPENING

4 OR MAINTAINING CERTAIN CORRESPONDENT OR PAY5 ABLE-THROUGH ACCOUNTS OR AUTHORIZING CERTAIN

6 PAYMENT CARDS.—If the Secretary finds a jurisdic7 tion outside of the United States, 1 or more financial 

8 institutions operating outside of the United States, or 

9 1 or more classes of transactions within or involving 

10 a jurisdiction outside of the United States to be of 

11 primary money laundering concern or to be signifi12 cantly impeding United States tax enforcement, the 

13 Secretary, in consultation with the Secretary of State, 

14 the Attorney General of the United States, and the 

15 Chairman of the Board of Governors of the Federal 

16 Reserve System, may prohibit, or impose conditions 

17 upon— 

18 ‘‘(A) the opening or maintaining in the 

19 United States of a correspondent account or pay20 able-through account; or 

21 ‘‘(B) the authorization, approval, or use in 

22 the United States of a credit card, charge card, 

23 debit card, or similar credit or debit financial 

24 instrument by any domestic financial institu25 tion, financial agency, or credit card company 
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1 or association, for or on behalf of a foreign bank2 ing institution, if such correspondent account, 

3 payable-through account, credit card, charge 

4 card, debit card, or similar credit or debit finan5 cial instrument, involves any such jurisdiction 

6 or institution, or if any such transaction may be 

7 conducted through such correspondent account, 

8 payable-through account, credit card, charge 

9 card, debit card, or similar credit or debit finan10 cial instrument.’’; and 

11 (8) in subsection (c)(1), by inserting ‘‘or is sig12 nificantly impeding United States tax enforcement’’ 

13 after ‘‘primary money laundering concern’’; 

14 (9) in subsection (c)(2)(A)— 

15 (A) in clause (ii), by striking ‘‘bank secrecy 

16 or special regulatory advantages’’ and inserting 

17 ‘‘bank, tax, corporate, trust, or financial secrecy 

18 or regulatory advantages’’; 

19 (B) in clause (iii), by striking ‘‘supervisory 

20 and counter-money’’ and inserting ‘‘supervisory, 

21 international tax enforcement, and counter22 money’’; 

23 (C) in clause (v), by striking ‘‘banking or 

24 secrecy’’ and inserting ‘‘banking, tax, or se25 crecy’’; and 
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1 (D) in clause (vi), by inserting ‘‘, tax trea2 ty, or tax information exchange agreement’’ after 

3 ‘‘treaty’’; 

4 (10) in subsection (c)(2)(B)— 

5 (A) in clause (i), by inserting ‘‘or tax eva6 sion’’ after ‘‘money laundering’’; and 

7 (B) in clause (iii), by inserting ‘‘, tax eva8 sion,’’ after ‘‘money laundering’’; and 

9 (11) in subsection (d), by inserting ‘‘involving 

10 money laundering, and shall notify, in writing, the 

11 Committee on Finance of the Senate and the Com12 mittee on Ways and Means of the House of Represent13 atives of any such action involving United States tax 

14 enforcement’’ after ‘‘such action’’. 

15 DIVISION G—AIR 

16 TRANSPORTATION 

17 SEC. 100301. TECHNICAL CORRECTIONS RELATING TO 

18 OVERFLIGHTS OF NATIONAL PARKS. 

19 (a) IN GENERAL.—Section 40128 of title 49, United 

20 States Code, is amended to read as follows: 

21 ‘‘§ 40128. Overflights of national parks 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) GENERAL DELINEATION OF RESPONSIBIL24 ITIES.— 
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1 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di2 rector has the authority to establish air tour 

3 management plans, issue air tour permits for 

4 commercial air tour operations conducted in ac5 cordance with an air tour management plan, 

6 enter into a voluntary agreement with a com7 mercial air tour operator, and issue interim op8 erating permits under subsection (c). 

9 ‘‘(B) AUTHORITY OF ADMINISTRATOR.—The 

10 Administrator has the authority to ensure that 

11 any action taken under this section does not ad12 versely affect aviation safety or the management 

13 of the national airspace system. 

14 ‘‘(2) GENERAL REQUIREMENTS.—A commercial 

15 air tour operator may not conduct commercial air 

16 tour operations over a national park or tribal lands, 

17 as defined by this section, except— 

18 ‘‘(A) in accordance with this section; 

19 ‘‘(B) in accordance with conditions and 

20 limitations prescribed for that operator; and 

21 ‘‘(C) in accordance with any applicable air 

22 tour management plan or voluntary agreement 

23 developed under subsection (b) for the park or 

24 tribal lands. 
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1 ‘‘(3) APPLICATION FOR OPERATING AUTHOR2 ITY.— 

3 ‘‘(A) APPLICATION REQUIRED.—Before com4 mencing commercial air tour operations over a 

5 national park or tribal lands, a commercial air 

6 tour operator shall apply to the Director for au7 thority to conduct the operations over the park 

8 or tribal lands. 

9 ‘‘(B) NUMBER OF OPERATIONS AUTHOR10 IZED.—In determining the number of authoriza11 tions to issue to provide commercial air tour op12 erations over a national park, the Director shall 

13 take into consideration the provisions of the air 

14 tour management plan, the number of existing 

15 commercial air tour operators and current level 

16 of service and equipment provided by any such 

17 operators, and the financial viability of each 

18 commercial air tour operation. 

19 ‘‘(C) CONSULTATION WITH FAA.—Before 

20 granting an application under this paragraph, 

21 the Director, in consultation with the Adminis22 trator, shall develop an air tour management 

23 plan in accordance with subsection (b) and im24 plement such plan. 
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† HR 4348 EAS 

1 ‘‘(D) TIME LIMIT ON RESPONSE TO ATMP

2 APPLICATIONS.—The Director shall make every 

3 effort to act on any application under this para4 graph and issue a decision on the application 

5 not later than 24 months after it is received or 

6 amended. 

7 ‘‘(E) PRIORITY.—In acting on applications 

8 under this paragraph to provide commercial air 

9 tour operations over a national park, the Direc10 tor shall give priority to an application under 

11 this paragraph in any case in which a new en12 trant commercial air tour operator is seeking op13 erating authority with respect to that national 

14 park. 

15 ‘‘(4) EXCEPTION.—Notwithstanding paragraph 

16 (2), commercial air tour operators may conduct com17 mercial air tour operations over a national park 

18 under part 91 of the title 14, Code of Federal Regula19 tions, if— 

20 ‘‘(A) such activity is permitted under part 

21 119 of such title; 

22 ‘‘(B) the total number of operations under 

23 this exception is limited to not more than five 

24 flights in any 30-day period over a particular 

25 park; and 
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1 ‘‘(C) the operator complies with the condi2 tions under which the operations will be con3 ducted as established by the Director, in con4 sultation with the Administrator. 

5 ‘‘(5) SPECIAL RULE FOR SAFETY REQUIRE6 MENTS.—Before receiving a permit issued under this 

7 section, a commercial air tour operator shall have ob8 tained the appropriate operating authority as re9 quired by the Administrator under part 119, 121, or 

10 135 of title 14, Code of Federal Regulations, to con11 duct operations under this section. 

12 ‘‘(6) EXEMPTION FOR NATIONAL PARKS WITH 50

13 OR FEWER FLIGHTS EACH YEAR.— 

14 ‘‘(A) IN GENERAL.—A national park that 

15 has 50 or fewer commercial air tour operations 

16 over the park each year shall be exempt from the 

17 requirements of this section, except as provided 

18 in subparagraph (B). 

19 ‘‘(B) WITHDRAWAL OF EXEMPTION.—If the 

20 Director determines that an air tour manage21 ment plan or voluntary agreement is necessary 

22 to protect park resources and values or park vis23 itor use and enjoyment, the Director shall with24 draw the exemption of a park under subpara25 graph (A). 
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† HR 4348 EAS 

1 ‘‘(C) LIST OF PARKS.—The Director shall 

2 maintain a list each year of national parks that 

3 are covered by the exemption provided under this 

4 paragraph. 

5 ‘‘(b) AIR TOUR MANAGEMENT PLANS.— 

6 ‘‘(1) ESTABLISHMENT.— 

7 ‘‘(A) IN GENERAL.—The Director, in con8 sultation with the Administrator, shall establish 

9 an air tour management plan for any national 

10 park or tribal land for which such a plan is not 

11 in effect whenever a person applies for authority 

12 to conduct a commercial air tour operation over 

13 the park. The air tour management plan shall be 

14 developed by means of a public process in ac15 cordance with paragraph (4). 

16 ‘‘(B) OBJECTIVE.—The objective of any air 

17 tour management plan shall be to develop accept18 able and effective measures to mitigate or pre19 vent the significant adverse impacts, if any, of 

20 commercial air tour operations upon the natural 

21 and cultural resources, visitor experiences, and 

22 tribal lands. 

23 ‘‘(C) EXCEPTION.—An application to begin 

24 commercial air tour operations at Crater Lake 

25 National Park may be denied without the estab-
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† HR 4348 EAS 

1 lishment of an air tour management plan by the 

2 Director of the National Park Service if the Di3 rector determines that such operations would ad4 versely affect park resources or visitor experi5 ences. 

6 ‘‘(2) ENVIRONMENTAL DETERMINATION.—In es7 tablishing an air tour management plan and issuing 

8 a permit for a commercial air tour operator under 

9 this section, the Director shall comply with the Na10 tional Environmental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.). Any environmental thresholds, analyses, 

12 impact determinations, and conditions prepared or 

13 used by the Director to establish an air tour manage14 ment plan or issue a permit under this section shall 

15 have no broader application or be given deference be16 yond this section. 

17 ‘‘(3) CONTENTS.—An air tour management plan 

18 for a national park— 

19 ‘‘(A) may prohibit commercial air tour op20 erations over a national park in whole or in 

21 part; 

22 ‘‘(B) may establish conditions for the con23 duct of commercial air tour operations over a 

24 national park, including commercial air tour 

25 routes, maximum or minimum altitudes, time- 
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† HR 4348 EAS 

1 of-day restrictions, restrictions for particular 

2 events, maximum number of flights per unit of 

3 time, intrusions on privacy on tribal lands, and 

4 mitigation of noise, visual, or other impacts; 

5 ‘‘(C) shall apply to all commercial air tour 

6 operations over a national park that are also 

within 1 7 ⁄2 mile outside the boundary of a na8 tional park; 

9 ‘‘(D) shall include incentives (such as pre10 ferred commercial air tour routes and altitudes, 

11 relief from caps and curfews) for the adoption of 

12 quiet aircraft technology by commercial air tour 

13 operators conducting commercial air tour oper14 ations over a national park when practicable; 

15 ‘‘(E) shall provide for the initial allocation 

16 of opportunities to conduct commercial air tour 

17 operations over a national park if the plan in18 cludes a limitation on the number of commercial 

19 air tour operations for any time period; 

20 ‘‘(F) may not have been found to have ad21 verse effects on aviation safety or the manage22 ment of the national airspace system by the Ad23 ministrator; and 
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† HR 4348 EAS 

1 ‘‘(G) shall justify and document the need for 

2 measures taken pursuant to subparagraphs (A) 

3 through (F). 

4 ‘‘(4) PROCEDURE.—In establishing an air tour 

5 management plan for a national park or tribal lands, 

6 the Director shall— 

7 ‘‘(A) hold at least one public meeting with 

8 interested parties to develop the air tour man9 agement plan; 

10 ‘‘(B) publish a notice of availability of the 

11 proposed plan in the Federal Register for notice 

12 and comment and make copies of the proposed 

13 plan available to the public; 

14 ‘‘(C) comply with the regulations set forth 

15 in parts 1500 through 1508 of title 40, Code of 

16 Federal Regulations; 

17 ‘‘(D) solicit the participation of any Indian 

18 tribe whose tribal lands are, or may be, 

19 overflown by aircraft involved in a commercial 

20 air tour operation over the park or tribal lands 

21 to which the plan applies, as a cooperating agen22 cy under the regulations referred to in subpara23 graph (C); and 
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† HR 4348 EAS 

1 ‘‘(E) consult with the Administrator with 

2 respect to effects on aviation safety and the man3 agement of the national airspace system. 

4 ‘‘(5) JUDICIAL REVIEW.—An air tour manage5 ment plan developed under this subsection shall be 

6 subject to judicial review pursuant to chapter 7 of 

7 title 5, United States Code. 

8 ‘‘(6) AMENDMENTS AND REVOCATIONS.—The Di9 rector may make amendments to an air tour manage10 ment plan and any permits issued pursuant to an air 

11 tour management plan, and may revoke permits. The 

12 Director shall consult with the Administrator to en13 sure that any such amendments or revocations will 

14 not adversely affect aviation safety or the manage15 ment of the national airspace system. Any such 

16 amendments and revocations shall be published in the 

17 Federal Register for notice and comment. A request 

18 for amendment of an air tour management plan or 

19 permit shall be made in such form and manner as the 

20 Director may prescribe. 

21 ‘‘(7) VOLUNTARY AGREEMENTS.— 

22 ‘‘(A) IN GENERAL.—As an alternative to an 

23 air tour management plan, the Director may 

24 enter into a voluntary agreement with a com25 mercial air tour operator (including a new en-
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† HR 4348 EAS 

1 trant commercial air tour operator and an oper2 ator that has an interim operating permit) that 

3 has applied to conduct commercial air tour oper4 ations over a national park to manage commer5 cial air tour operations over such national park. 

6 ‘‘(B) PARK PROTECTION.—A voluntary 

7 agreement entered into under subparagraph (A) 

8 shall protect the national park resources, values, 

9 and visitor experience without compromising 

10 aviation safety or the management of the na11 tional airspace system and may— 

12 ‘‘(i) include provisions such as those 

13 included in the content of an air tour man14 agement plan; 

15 ‘‘(ii) include provisions to ensure the 

16 stability of, and compliance with, the vol17 untary agreement; and 

18 ‘‘(iii) provide for fees for such oper19 ations. 

20 ‘‘(C) PUBLIC REVIEW.—The Director shall 

21 provide an opportunity for public review of a 

22 proposed voluntary agreement under this para23 graph and shall consult with any Indian tribe 

24 whose tribal lands are, or may be, flown over by 

25 a commercial air tour operator under a vol-
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† HR 4348 EAS 

1 untary agreement under this paragraph. After 

2 such opportunity for public review and consulta3 tion, the voluntary agreement may be imple4 mented without further administrative or envi5 ronmental process beyond that described in this 

6 subsection. 

7 ‘‘(D) TERMINATION.— 

8 ‘‘(i) IN GENERAL.—A voluntary agree9 ment under this paragraph may be termi10 nated at any time at the discretion of— 

11 ‘‘(I) the Director, if the Director 

12 determines that the agreement is not 

13 adequately protecting park resources or 

14 visitor experiences; or 

15 ‘‘(II) the Administrator, if the 

16 Administrator determines that the 

17 agreement is adversely affecting avia18 tion safety or the national airspace 

19 system. 

20 ‘‘(ii) EFFECT OF TERMINATION.—If a 

21 voluntary agreement with respect to a na22 tional park is terminated under this sub23 paragraph, the operators shall conform to 

24 the requirements for an interim operating 

25 permit under subsection (c) until an air 
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† HR 4348 EAS 

1 tour management plan for the park is in ef2 fect. 

3 ‘‘(c) INTERIM OPERATING AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—Interim operating authority 

5 granted by the Administrator under this subsection, 

6 as in effect on the day before the date of the enact7 ment of the Moving Ahead for Progress in the 21st 

8 Century Act, shall, on and after such date of enact9 ment, be known as an interim operating permit and 

10 be administered by the Director in accordance with 

11 the conditions of this subsection. 

12 ‘‘(2) REQUIREMENTS AND LIMITATIONS.—An in13 terim operating permit— 

14 ‘‘(A) shall maintain the same annual au15 thorizations as provided for interim operating 

16 authority under this subsection, as in effect on 

17 the day before the date of the enactment of the 

18 Moving Ahead for Progress in the 21st Century 

19 Act; and 

20 ‘‘(B) may not provide for an increase in the 

21 number of commercial air tour operations over a 

22 national park conducted during any time period 

23 by the commercial air tour operator above the 

24 number that the air tour operator was granted 
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† HR 4348 EAS 

1 unless such an increase is approved by the Direc2 tor in consultation with the Administrator; 

3 ‘‘(C) may be revoked by the Director for 

4 cause; 

5 ‘‘(D) shall terminate 180 days after the date 

6 on which an air tour management plan is estab7 lished for the park or tribal lands; 

8 ‘‘(E) shall promote protection of national 

9 park resources, visitor experiences, and tribal 

10 lands; 

11 ‘‘(F) shall promote safe commercial air tour 

12 operations; 

13 ‘‘(G) shall promote the adoption of quiet 

14 technology, as appropriate; and 

15 ‘‘(H) may allow for modifications of the in16 terim operating permit without further environ17 mental review beyond that described in this sub18 section, if— 

19 ‘‘(i) adequate information regarding 

20 the existing and proposed operations of the 

21 operator under the interim operating per22 mit is provided to the Director; 

23 ‘‘(ii) the Director agrees with the modi24 fication, based on the professional expertise 

25 of the Director regarding the protection of 
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† HR 4348 EAS 

1 the resources, values, and visitor use and 

2 enjoyment of the park; and 

3 ‘‘(iii) the Director receives advice in 

4 writing from the Administrator that there 

5 would be no adverse impact on aviation 

6 safety or the national airspace system. 

7 ‘‘(3) MODIFICATIONS AND REVOCATIONS.—Any 

8 modification or revocation of an interim operating 

9 permit shall be published in the Federal Register to 

10 provide notice and opportunity for comment. 

11 ‘‘(4) NEW ENTRANT AIR TOUR OPERATORS.— 

12 ‘‘(A) IN GENERAL.—The Director, in con13 sultation with the Administrator, may grant an 

14 interim operating permit under this paragraph 

15 to an air tour operator for a national park or 

16 tribal lands for which that operator is a new en17 trant air tour operator without further environ18 mental process beyond that described in this 

19 paragraph, if— 

20 ‘‘(i) adequate information on the pro21 posed operations of the operator is provided 

22 to the Director by the operator making the 

23 request; 

24 ‘‘(ii) the Director agrees, based on the 

25 Director’s professional expertise regarding 
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† HR 4348 EAS 

1 the protection of park resources and values 

2 and visitor use and enjoyment; and 

3 ‘‘(iii) the Director receives advice in 

4 writing from the Administrator that there 

5 would be no adverse impact on aviation 

6 safety or the national airspace system. 

7 ‘‘(B) SAFETY LIMITATION.—The Director 

8 may not grant an interim operating permit 

9 under subparagraph (A) if the Administrator de10 termines that it would create a safety problem at 

11 the park or on the tribal lands, or the Director 

12 determines that it would create a noise problem 

13 at the park or on the tribal lands. 

14 ‘‘(d) COMMERCIAL AIR TOUR OPERATOR REPORTS.— 

15 ‘‘(1) REPORT.—Each commercial air tour oper16 ator conducting a commercial air tour operation over 

17 a national park under an interim operating permit 

18 granted under subsection (c) or in accordance with an 

19 air tour management plan or voluntary agreement 

20 under subsection (b) shall submit to the Director a re21 port regarding the number of commercial air tour op22 erations over each national park that are conducted 

23 by the operator and such other information as the Di24 rector may request in order to facilitate admin25 istering the provisions of this section. 
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† HR 4348 EAS 

1 ‘‘(2) REPORT SUBMISSION.—The Director shall 

2 issue a request for reports under this subsection. The 

3 reports shall be submitted to the Director with a fre4 quency and in a format prescribed by the Director. 

5 ‘‘(e) COLLECTION OF FEES FROM AIR TOUR OPER6 ATIONS.— 

7 ‘‘(1) IN GENERAL.—The Director shall determine 

8 and assess a fee under paragraph (2) on a commer9 cial air tour operator conducting commercial air tour 

10 operations over a national park, including the Grand 

11 Canyon National Park. 

12 ‘‘(2) AMOUNT OF FEE.—In determining the 

13 amount of the fee assessed under paragraph (1), the 

14 Director shall collect sufficient revenue, in the aggre15 gate, to pay for the expenses incurred by the Federal 

16 Government to develop and enforce air tour manage17 ment plans for national parks. 

18 ‘‘(3) EFFECT OF FAILURE TO PAY FEE.—The Di19 rector may assess a civil penalty against or revoke the 

20 interim operating permit or air tour permit, which21 ever is applicable, of a commercial air tour operator 

22 conducting commercial air tour operations over any 

23 national park, including the Grand Canyon National 

24 Park, that has not paid the fee assessed by the Direc25 tor under paragraph (1) by the date that is 180 days 
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† HR 4348 EAS 

1 after the date on which the Director determines the fee 

2 shall be paid. 

3 ‘‘(4) FUNDING FOR AIR TOUR MANAGEMENT

4 PLANS.—The Director shall use the amounts collected 

5 to develop and enforce air tour management plans for 

6 the national parks the Director determines would 

7 most benefit from such a plan. 

8 ‘‘(f) CIVIL PENALTIES.— 

9 ‘‘(1) IN GENERAL.—Any person who violates any 

10 provision of this section or any regulation or permit 

11 issued under this section may be assessed a civil pen12 alty by the Director of not more than $25,000 for 

13 each such violation. 

14 ‘‘(2) KNOWING VIOLATIONS.—Any person who 

15 knowingly violates any provision of this section or 

16 any regulation or permit issued under this section 

17 may be assessed a civil penalty by the Director of not 

18 more than $50,000 for each violation. 

19 ‘‘(3) PROCEDURES.—A penalty may not be as20 sessed under this subsection on a person unless the 

21 person is given notice and opportunity for a hearing 

22 with respect to the violation for which the penalty is 

23 assessed. Each violation of this section or a regulation 

24 or permit issued under this section shall be a separate 

25 offense. Any civil penalty assessed under this sub-
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1 section may be remitted or mitigated by the Director. 

2 Upon any failure by a person to pay a penalty as3 sessed under this subsection, the Director may request 

4 the Attorney General to institute a civil action in a 

5 district court of the United States for any district in 

6 which the person is found, resides, or transacts busi7 ness to collect the penalty and such court shall have 

8 jurisdiction to hear and decide any such action. The 

9 court shall hear such action on the record made before 

10 the Director and shall sustain his action if it is sup11 ported by substantial evidence on the record consid12 ered as a whole. 

13 ‘‘(4) ADMINISTRATIVE PROCEEDINGS.—Hearings 

14 held during proceedings for the assessment of civil 

15 penalties under this subsection shall be conducted in 

16 accordance with section 554 of title 5, United States 

17 Code. The Director may issue subpoenas for the at18 tendance and testimony of witnesses and the produc19 tion of relevant papers, books, and documents, and 

20 administer oaths. Witnesses summoned shall be paid 

21 the same fees and mileage that are paid to witnesses 

22 in the courts of the United States. In case of contu23 macy or refusal to obey a subpoena served upon any 

24 person pursuant to this paragraph, the district court 

25 of the United States for any district in which such 
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1 person is found or resides or transacts business, upon 

2 application by the United States and after notice to 

3 the person, shall have jurisdiction to issue an order 

4 requiring the person to appear and give testimony be5 fore the Director or to appear and produce documents 

6 before the Director, or both, and any failure to obey 

7 the order of the court may be punished by such court 

8 as a contempt thereof. 

9 ‘‘(g) ENFORCEMENT.—The provisions of this section 

10 and any regulations or permits issued under this section 

11 may be enforced by the Director or the Administrator, as 

12 appropriate. The Director may utilize by agreement, with 

13 or without reimbursement, the personnel, services, and fa14 cilities of any other Federal agency or any State agency 

15 for purposes of enforcing this section. The decisions of the 

16 Director under this subsection shall not have broader appli17 cation or be given deference beyond this section. The Admin18 istrator shall retain enforcement authority over matters in19 volving the safety and efficiency of the national airspace 

20 system. 

21 ‘‘(h) EXEMPTIONS.—This section shall not apply to— 

22 ‘‘(1) the Grand Canyon National Park; or 

23 ‘‘(2) tribal lands within or abutting the Grand 

24 Canyon National Park. 
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1 ‘‘(i) LAKE MEAD.—This section shall not apply to any 

2 air tour operator while flying over or near the Lake Mead 

3 National Recreation Area, solely as a transportation route, 

4 to conduct an air tour over the Grand Canyon National 

5 Park. For purposes of this subsection, an air tour operator 

6 flying over the Hoover Dam in the Lake Mead National 

7 Recreation Area en route to the Grand Canyon National 

8 Park shall be deemed to be flying solely as a transportation 

9 route. 

10 ‘‘(j) SEVERABLE SERVICES CONTRACTS FOR PERIODS

11 CROSSING FISCAL YEARS.— 

12 ‘‘(1) IN GENERAL.—For purposes of this section, 

13 the Director may enter into a contract for procure14 ment of severable services for a period that begins 

15 during one fiscal year and ends in the next fiscal 

16 year if (without regard to any option to extend the 

17 period of the contract) the period of the contract does 

18 not exceed 1 year. 

19 ‘‘(2) OBLIGATION OF FUNDS.—Funds made 

20 available for a fiscal year may be obligated for the 

21 total amount of a contract entered into under the au22 thority of paragraph (1). 

23 ‘‘(k) RESPONSIBILITIES AND AUTHORITIES OF ADMIN24 ISTRATOR.— 
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1 ‘‘(1) IN GENERAL.—The Administrator shall ad2 vise the Director in writing of any adverse effects on 

3 aviation safety and or management of the national 

4 airspace system for any proposed action taken under 

5 this section. 

6 ‘‘(2) AMENDMENTS TO AUTHORIZATION FOR COM7 MERCIAL AIR TOUR OPERATORS.—The Administrator, 

8 in consultation with the Director, may amend any 

9 authorization for a commercial air tour operator to 

10 include conditions set forth in any permit issued 

11 under this section or to address any adverse effect on 

12 aviation safety. 

13 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

14 section shall be construed to limit or abrogate the Ad15 ministrator’s authority to ensure the safety and effi16 ciency of the national airspace system. 

17 ‘‘(l) DEFINITIONS.—In this section, the following defi18 nitions apply: 

19 ‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The 

20 term ‘commercial air tour operator’ means any per21 son who conducts a commercial air tour operation 

22 over a national park. 

23 ‘‘(2) EXISTING COMMERCIAL AIR TOUR OPER24 ATOR.—The term ‘existing commercial air tour oper25 ator’ means a commercial air tour operator that was 
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1 actively engaged in the business of providing commer2 cial air tour operations over a national park at any 

3 time during the 12-month period ending on the date 

4 of the enactment of this section. 

5 ‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR OP6 ERATOR.—The term ‘new entrant commercial air tour 

7 operator’ means a commercial air tour operator 

8 that— 

9 ‘‘(A) applies for an interim operating per10 mit or air tour permit as a commercial air tour 

11 operator for a national park or tribal lands; and 

12 ‘‘(B) has not engaged in the business of pro13 viding commercial air tour operations over the 

14 national park or tribal lands in the 12-month 

15 period preceding the application. 

16 ‘‘(4) COMMERCIAL AIR TOUR OPERATION OVER A

17 NATIONAL PARK.— 

18 ‘‘(A) IN GENERAL.—The term ‘commercial 

19 air tour operation over a national park’ means 

20 any flight, conducted for compensation or hire in 

21 a powered aircraft where a purpose of the flight 

is sightseeing over a national park, within 1 22 ⁄2

23 mile outside the boundary of any national park 

24 (except the Grand Canyon National Park), or 

25 over tribal lands (except those within or abutting 
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1 the Grand Canyon National Park), during which 

2 the aircraft flies— 

3 ‘‘(i) below a minimum altitude, deter4 mined by the Administrator in cooperation 

5 with the Director, above ground level (except 

6 solely for purposes of takeoff or landing, or 

7 necessary for safe operation of an aircraft 

8 as determined under the rules and regula9 tions of the Federal Aviation Administra10 tion requiring the pilot-in-command to take 

11 action to ensure the safe operation of the 

12 aircraft); or 

13 ‘‘(ii) less than 1 mile laterally from 

14 any geographic feature within the park (unless more than 1 15 ⁄2 mile outside the bound16 ary). 

17 ‘‘(B) FACTORS TO CONSIDER.—In making a 

18 determination of whether a flight is a commer19 cial air tour operation over a national park for 

20 purposes of this section, the Administrator may 

21 consider— 

22 ‘‘(i) whether there was a holding out to 

23 the public of willingness to conduct a sight24 seeing flight for compensation or hire; 
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1 ‘‘(ii) whether a narrative that referred 

2 to areas or points of interest on the surface 

3 below the route of the flight was provided by 

4 the person offering the flight; 

5 ‘‘(iii) the area of operation; 

6 ‘‘(iv) the frequency of flights conducted 

7 by the person offering the flight; 

8 ‘‘(v) the route of flight; 

9 ‘‘(vi) the inclusion of sightseeing flights 

10 as part of any travel arrangement package 

11 offered by the person offering the flight; 

12 ‘‘(vii) whether the flight would have 

13 been canceled based on poor visibility of the 

14 surface below the route of the flight; and 

15 ‘‘(viii) any other factors that the Ad16 ministrator and the Director consider ap17 propriate. 

18 ‘‘(5) NATIONAL PARK.—The term ‘national park’ 

19 means any unit of the National Park System. 

20 ‘‘(6) TRIBAL LANDS.— 

21 ‘‘(A) IN GENERAL.—The term ‘tribal lands’ 

22 means Indian country (as that term is defined 

23 in section 1151 of title 18) that is within or 

24 abutting a national park. 
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1 ‘‘(B) ABUTTING.—For purposes of subpara2 graph (A), the term ‘abutting’ means lands within 1 3 ⁄2 mile outside the boundary of a national 

4 park. 

5 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis6 trator’ means the Administrator of the Federal Avia7 tion Administration. 

8 ‘‘(8) DIRECTOR.—The term ‘Director’ means the 

9 Director of the National Park Service. 

10 ‘‘(9) AIR TOUR PERMIT.—The term ‘air tour per11 mit’ means a permit issued by the Director, in ac12 cordance with this section, to a commercial operator 

13 to conduct commercial air tour operations over a na14 tional park or tribal lands.’’. 

15 (b) AMENDMENTS TO NATIONAL PARKS AIR TOUR

16 MANAGEMENT ACT OF 2000.— 

17 (1) ADVISORY GROUP.—Section 805 of the Na18 tional Parks Air Tour Management Act of 2000 (49 

19 U.S.C. 40128 note) is amended— 

20 (A) by striking subsection (a) and inserting 

21 the following: 

22 ‘‘(a) IN GENERAL.—The Director of the National Park 

23 Service may retain the advisory group established pursuant 

24 to this section, as in effect on the day before the date of 

25 the enactment of the Moving Ahead for Progress in the 21st 
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1 Century Act, to provide continuing advice and counsel with 

2 respect to commercial air tour operations over and near na3 tional parks.’’; 

4 (B) in subsection (b)— 

5 (i) in paragraph (1)(A)(iv), by insert6 ing ‘‘or Native Hawaiians’’ after ‘‘Indian 

7 tribes’’; and 

8 (ii) by striking paragraph (3) and in9 serting the following: 

10 ‘‘(3) CHAIRPERSON.—The representative of the 

11 National Park Service shall serve as chairperson of 

12 the advisory group.’’; and 

13 (C) in subsection (d)(2), by striking ‘‘The 

14 Federal Aviation Administration and the Na15 tional Park Service shall jointly’’ and inserting 

16 ‘‘The National Park Service shall’’. 

17 (2) REPORTS.—Section 807 of the National 

18 Parks Air Tour Management Act of 2000 (49 U.S.C. 

19 40128 note) is repealed. 

20 (3) METHODOLOGIES USED TO ASSESS AIR TOUR

21 NOISE.—Section 808 of the National Parks Air Tour 

22 Management Act of 2000 (49 U.S.C. 40128 note) is 

23 amended by striking ‘‘a Federal agency’’ and insert24 ing ‘‘the Director of the National Park Service’’. 
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1 DIVISION H—BUDGETARY 

2 EFFECTS 

3 SEC. 100401. BUDGETARY EFFECTS. 

4 (a) PAYGO SCORECARD.—The budgetary effects of 

5 this Act shall not be entered on either PAYGO scorecard 

6 maintained pursuant to section 4(d) of the Statutory Pay7 As-You-Go Act of 2010. 

8 (b) SENATE PAYGO SCORECARD.—The budgetary ef9 fects of this Act shall not be recorded on any PAYGO score10 card maintained for purposes of section 201 of S. Con. Res. 

11 21 (110th Congress). 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION H.R. 4348 

AMENDMENT