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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1813 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1813

  To reauthorize Federal-aid highway and highway safety construction 
                   programs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2011

   Mrs. Boxer (for herself, Mr. Inhofe, Mr. Baucus, and Mr. Vitter) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To reauthorize Federal-aid highway and highway safety construction 
                   programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Moving Ahead for 
Progress in the 21st Century Act'' or the ``MAP-21''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     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.
                   Subtitle B--Performance Management

Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals.
              Subtitle C--Acceleration of Project Delivery

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

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

                          Subtitle A--Funding

Sec. 2101. Authorization of appropriations.
            Subtitle B--Research, Technology, and Education

Sec. 2201. Research, technology, and education.
Sec. 2202. Surface transportation research, development, and 
                            technology.
Sec. 2203. Research and technology development and deployment.
Sec. 2204. Training and education.
Sec. 2205. State planning and research.
Sec. 2206. International highway transportation program.
Sec. 2207. Surface transportation environmental cooperative research 
                            program.
Sec. 2208. National cooperative freight research.
Sec. 2209. University transportation centers program.
Sec. 2210. Bureau of transportation statistics.
Sec. 2211. Administrative authority.
Sec. 2212. Transportation research and development strategic planning.
        Subtitle C--Intelligent Transportation Systems Research

Sec. 2301. Use of funds for ITS activities.
Sec. 2302. Goals and purposes.
Sec. 2303. General authorities and requirements.
Sec. 2304. Research and development.
Sec. 2305. National architecture and standards.
Sec. 2306. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure 
                            communications systems deployment.
          TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION

Sec. 3001. Short title.
Sec. 3002. Transportation Infrastructure Finance and Innovation Act 
                            amendments.
Sec. 3003. State infrastructure banks.
                  TITLE IV--HIGHWAY SPENDING CONTROLS

Sec. 4001. Highway spending controls.

SEC. 2. DEFINITIONS.

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

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United 
        States Code, the transportation mobility program under section 
        133 of that title, the highway safety improvement program under 
        section 148 of that title, the congestion mitigation and air 
        quality improvement program under section 149 of that title, 
        the national freight program under section 167 of that title, 
        and to carry out section 134 of that title--
                    (A) $39,143,000,000 for fiscal year 2012; and
                    (B) $39,806,000,000 for fiscal year 2013.
            (2) Transportation infrastructure finance and innovation 
        program.--For credit assistance under the transportation 
        infrastructure finance and innovation program under chapter 6 
        of title 23, United States Code, $1,000,000,000 for each of 
        fiscal years 2012 and 2013.
            (3) Federal lands and tribal transportation programs.--
                    (A) Tribal transportation program.--For the tribal 
                transportation program under section 202 of title 23, 
                United States Code, $450,000,000 for each of fiscal 
                years 2012 and 2013.
                    (B) Federal lands transportation program.--For the 
                Federal lands transportation program under section 203 
                of title 23, United States Code, $300,000,000 for each 
                of fiscal years 2012 and 2013, of which $260,000,000 of 
                the amount made available for each fiscal year shall be 
                the amount for the National Park Service and the United 
                States Fish and Wildlife Service.
                    (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code, $250,000,000 for each of fiscal 
                years 2012 and 2013.
            (4) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 
        of title 23, United States Code, $180,000,000 for each of 
        fiscal years 2012 and 2013.
    (b) Disadvantaged Business Enterprises.--
            (1) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Small business concern.--
                            (i) In general.--The term ``small business 
                        concern'' means a small business concern (as 
                        the term is used in section 3 of the Small 
                        Business Act (15 U.S.C. 632)).
                            (ii) Exclusions.--The term ``small business 
                        concern'' does not include any concern or group 
                        of concerns controlled by the same socially and 
                        economically disadvantaged individual or 
                        individuals that have average annual gross 
                        receipts during the preceding 3 fiscal years in 
                        excess of $22,410,000, as adjusted annually by 
                        the Secretary for inflation.
                    (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' means--
                            (i) women; and
                            (ii) any other socially and economically 
                        disadvantaged individuals (as the term is used 
                        in section 8(d) of the Small Business Act (15 
                        U.S.C. 637(d)) and relevant subcontracting 
                        regulations promulgated pursuant to that Act).
            (2) Amounts for small business concerns.--Except to the 
        extent that the Secretary determines otherwise, not less than 
        10 percent of the amounts made available for any program under 
        titles I, II, and III of this Act and section 403 of title 23, 
        United States Code, shall be expended through small business 
        concerns owned and controlled by socially and economically 
        disadvantaged individuals.
            (3) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                    (A) survey and compile a list of the small business 
                concerns referred to in paragraph (2) in the State, 
                including the location of the small business concerns 
                in the State; and
                    (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                            (i) women;
                            (ii) socially and economically 
                        disadvantaged individuals (other than women); 
                        and
                            (iii) individuals who are women and are 
                        otherwise socially and economically 
                        disadvantaged individuals.
            (4) Uniform certification.--
                    (A) In general.--The Secretary shall establish 
                minimum uniform criteria for use by State governments 
                in certifying whether a concern qualifies as a small 
                business concern for the purpose of this subsection.
                    (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                            (i) on-site visits;
                            (ii) personal interviews with personnel;
                            (iii) issuance or inspection of licenses;
                            (iv) analyses of stock ownership;
                            (v) listings of equipment;
                            (vi) analyses of bonding capacity;
                            (vii) listings of work completed;
                            (viii) examination of the resumes of 
                        principal owners;
                            (ix) analyses of financial capacity; and
                            (x) analyses of the type of work preferred.
            (5) Reporting.--The Secretary shall establish minimum 
        requirements for use by State governments in reporting to the 
        Secretary--
                    (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                    (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
            (6) Compliance with court orders.--Nothing in this 
        subsection limits the eligibility of an individual or entity to 
        receive funds made available under titles I, II, and III of 
        this Act and section 403 of title 23, United States Code, if 
        the entity or person is prevented, in whole or in part, from 
        complying with paragraph (2) because a Federal court issues a 
        final order in which the court finds that a requirement or the 
        implementation of paragraph (2) is unconstitutional.

SEC. 1102. OBLIGATION CEILING.

    (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
            (1) $41,564,000,000 for fiscal year 2012; and
            (2) $42,227,000,000 for fiscal year 2013.
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance 
        Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (but, for 
        each of fiscal years 2005 through 2011, only in an amount equal 
        to $639,000,000 for each of those fiscal years);
            (11) section 1603 of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users (119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation; and
            (12) section 119 of title 23, United States Code (but, for 
        each of fiscal years 2012 through 2013, only in an amount equal 
        to $639,000,000 for each of those fiscal years).
    (c) Distribution of Obligation Authority.--For each of fiscal years 
2012 through 2013, the Secretary--
            (1) shall not distribute obligation authority provided by 
        subsection (a) for the fiscal year for--
                    (A) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code; and
                    (B) amounts authorized for the Bureau of 
                Transportation Statistics;
            (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highway 
        and highway safety construction programs for previous fiscal 
        years the funds for which are allocated by the Secretary;
            (3) shall determine the proportion that--
                    (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (11) of subsection 
                (b) and sums authorized to be appropriated for section 
                119 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(12) for the fiscal 
                year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
            (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2), for each of the programs that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code (other than to programs to which paragraph (1) 
        applies), by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the national highway performance program in 
        section 119 of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(12)) in the proportion 
        that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall, after August 1 of each of fiscal 
years 2012 through 2013--
            (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment of 
        this Act) and 104 of title 23, United States Code.
    (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for transportation research programs carried 
        out under--
                    (A) chapter 5 of title 23, United States Code; and
                    (B) title II of this Act.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal 
                years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
    (f) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2012 through 2013, the Secretary shall 
        distribute to the States any funds that--
                    (A) are authorized to be appropriated for the 
                fiscal year for Federal-aid highway programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for 
                obligation, for the fiscal year because of the 
                imposition of any obligation limitation for the fiscal 
                year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(c) of title 23, United States Code.

SEC. 1103. DEFINITIONS.

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

SEC. 1104. NATIONAL HIGHWAY SYSTEM.

    (a) In General.--Section 103 of title 23, United States Code, is 
amended to read as follows:
``Sec. 103. National highway system
    ``(a) In General.--For the purposes of this title, the Federal-aid 
system is the National Highway System, which includes the Interstate 
System.
    ``(b) National Highway System.--
            ``(1) Description.--The National Highway System consists of 
        the highway routes and connections to transportation facilities 
        that shall--
                    ``(A) serve major population centers, international 
                border crossings, ports, airports, public 
                transportation facilities, and other intermodal 
                transportation facilities and other major travel 
                destinations;
                    ``(B) meet national defense requirements; and
                    ``(C) serve interstate and interregional travel and 
                commerce.
            ``(2) Components.--The National Highway System described in 
        paragraph (1) consists of the following:
                    ``(A) The National Highway System depicted on the 
                map submitted by the Secretary of Transportation to 
                Congress with the report entitled `Pulling Together: 
                The National Highway System and its Connections to 
                Major Intermodal Terminals' and dated May 24, 1996, and 
                modifications approved by the Secretary before the date 
                of enactment of the MAP-21.
                    ``(B) Other urban and rural principal arterial 
                routes, and border crossings on those routes, that were 
                not included on the National Highway System before the 
                date of enactment of the MAP-21.
                    ``(C) Other connector highways (including toll 
                facilities) that provide motor vehicle access between 
                arterial routes on the National Highway System and a 
                major intermodal transportation facility that was not 
                included on the National Highway System before the date 
                of enactment of the MAP-21.
                    ``(D) A strategic highway network that--
                            ``(i) consists of a network of highways 
                        that are important to the United States 
                        strategic defense policy, that provide defense 
                        access, continuity, and emergency capabilities 
                        for the movement of personnel, materials, and 
                        equipment in both peacetime and wartime, and 
                        that were not included on the National Highway 
                        System before the date of enactment of the MAP-
                        21;
                            ``(ii) may include highways on or off the 
                        Interstate System; and
                            ``(iii) shall be designated by the 
                        Secretary, in consultation with appropriate 
                        Federal agencies and the States.
                    ``(E) Major strategic highway network connectors 
                that--
                            ``(i) consist of highways that provide 
                        motor vehicle access between major military 
                        installations and highways that are part of the 
                        strategic highway network but were not included 
                        on the National Highway System before the date 
                        of enactment of the MAP-21; and
                            ``(ii) shall be designated by the 
                        Secretary, in consultation with appropriate 
                        Federal agencies and the States.
            ``(3) Modifications to nhs.--
                    ``(A) In general.--The Secretary may make any 
                modification, including any modification consisting of 
                a connector to a major intermodal terminal, to the 
                National Highway System that is proposed by a State if 
                the Secretary determines that the modification--
                            ``(i) meets the criteria established for 
                        the National Highway System under this title 
                        after the date of enactment of the MAP-21; and
                            ``(ii) enhances the national transportation 
                        characteristics of the National Highway System.
                    ``(B) Cooperation.--
                            ``(i) In general.--In proposing a 
                        modification under this paragraph, a State 
                        shall cooperate with local and regional 
                        officials.
                            ``(ii) Urbanized areas.--In an urbanized 
                        area, the local officials shall act through the 
                        metropolitan planning organization designated 
                        for the area under section 134.
    ``(c) Interstate System.--
            ``(1) Description.--
                    ``(A) In general.--The Dwight D. Eisenhower 
                National System of Interstate and Defense Highways 
                within the United States (including the District of 
                Columbia and Puerto Rico) consists of highways 
                designed, located, and selected in accordance with this 
                paragraph.
                    ``(B) Design.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), highways on the Interstate System 
                        shall be designed in accordance with the 
                        standards of section 109(b).
                            ``(ii) Exception.--Highways on the 
                        Interstate System in Alaska and Puerto Rico 
                        shall be designed in accordance with such 
                        geometric and construction standards as are 
                        adequate for current and probable future 
                        traffic demands and the needs of the locality 
                        of the highway.
                    ``(C) Location.--Highways on the Interstate System 
                shall be located so as--
                            ``(i) to connect by routes, as direct as 
                        practicable, the principal metropolitan areas, 
                        cities, and industrial centers;
                            ``(ii) to serve the national defense; and
                            ``(iii) to the maximum extent practicable, 
                        to connect at suitable border points with 
                        routes of continental importance in Canada and 
                        Mexico.
                    ``(D) Selection of routes.--To the maximum extent 
                practicable, each route of the Interstate System shall 
                be selected by joint action of the State transportation 
                departments of the State in which the route is located 
                and the adjoining States, in cooperation with local and 
                regional officials, and subject to the approval of the 
                Secretary.
            ``(2) Maximum mileage.--The mileage of highways on the 
        Interstate System shall not exceed 43,000 miles, exclusive of 
        designations under paragraph (4).
            ``(3) Modifications.--The Secretary may approve or require 
        modifications to the Interstate System in a manner consistent 
        with the policies and procedures established under this 
        subsection.
            ``(4) Interstate system designations.--
                    ``(A) Additions.--If the Secretary determines that 
                a highway on the National Highway System meets all 
                standards of a highway on the Interstate System and 
                that the highway is a logical addition or connection to 
                the Interstate System, the Secretary may, upon the 
                affirmative recommendation of the State or States in 
                which the highway is located, designate the highway as 
                a route on the Interstate System.
                    ``(B) Designations as future interstate system 
                routes.--
                            ``(i) In general.--Subject to clauses (ii) 
                        through (vi), if the Secretary determines that 
                        a highway on the National Highway System would 
                        be a logical addition or connection to the 
                        Interstate System and would qualify for 
                        designation as a route on the Interstate System 
                        under subparagraph (A) if the highway met all 
                        standards of a highway on the Interstate 
                        System, the Secretary may, upon the affirmative 
                        recommendation of the State or States in which 
                        the highway is located, designate the highway 
                        as a future Interstate System route.
                            ``(ii) Written agreement.--A designation 
                        under clause (i) shall be made only upon the 
                        written agreement of each State described in 
                        that clause that the highway will be 
                        constructed to meet all standards of a highway 
                        on the Interstate System by not later than the 
                        date that is 25 years after the date of the 
                        agreement.
                            ``(iii) Failure to complete construction.--
                        If a State described in clause (i) has not 
                        substantially completed the construction of a 
                        highway designated under this subparagraph by 
                        the date specified in clause (ii), the 
                        Secretary shall remove the designation of the 
                        highway as a future Interstate System route.
                            ``(iv) Effect of removal.--Removal of the 
                        designation of a highway under clause (iii) 
                        shall not preclude the Secretary from 
                        designating the highway as a route on the 
                        Interstate System under subparagraph (A) or 
                        under any other provision of law providing for 
                        addition to the Interstate System.
                            ``(v) Retroactive effect.--An agreement 
                        described in clause (ii) that is entered into 
                        before August 10, 2005, shall be deemed to 
                        include the 25-year time limitation described 
                        in that clause, regardless of any earlier 
                        construction completion date in the agreement.
                            ``(vi) References.--No law, rule, 
                        regulation, map, document, or other record of 
                        the United States, or of any State or political 
                        subdivision of a State, shall refer to any 
                        highway designated as a future Interstate 
                        System route under this subparagraph, and no 
                        such highway shall be signed or marked, as a 
                        highway on the Interstate System, until such 
                        time as the highway--
                                    ``(I) is constructed to the 
                                geometric and construction standards 
                                for the Interstate System; and
                                    ``(II) has been designated as a 
                                route on the Interstate System.
                    ``(C) Financial responsibility.--Except as provided 
                in this title, the designation of a highway under this 
                paragraph shall create no additional Federal financial 
                responsibility with respect to the highway.
            ``(5) Exemption of interstate system.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Interstate System shall not be 
                considered to be a historic site under section 303 of 
                title 49 or section 138 of this title, regardless of 
                whether the Interstate System or portions or elements 
                of the Interstate System are listed on, or eligible for 
                listing on, the National Register of Historic Places.
                    ``(B) Individual elements.--Subject to subparagraph 
                (C)--
                            ``(i) the Secretary shall determine, 
                        through the administrative process established 
                        for exempting the Interstate System from 
                        section 106 of the National Historic 
                        Preservation Act (16 U.S.C. 470f), those 
                        individual elements of the Interstate System 
                        that possess national or exceptional historic 
                        significance (such as a historic bridge or a 
                        highly significant engineering feature); and
                            ``(ii) those elements shall be considered 
                        to be historic sites under section 303 of title 
                        49 or section 138 of this title, as applicable.
                    ``(C) Construction, maintenance, restoration, and 
                rehabilitation activities.--Subparagraph (B) does not 
                prohibit a State from carrying out construction, 
                maintenance, restoration, or rehabilitation activities 
                for a portion of the Interstate System referred to in 
                subparagraph (B) upon compliance with section 303 of 
                title 49 or section 138 of this title, as applicable, 
                and section 106 of the National Historic Preservation 
                Act (16 U.S.C. 470f).
    ``(d) Operation of Conventional Combination Vehicles on the 
National Highway System.--
            ``(1) Definition of conventional combination vehicles.--In 
        this subsection, the term `conventional combination vehicles' 
        means--
                    ``(A) truck-tractor or semi-trailer combinations 
                with semi-trailers up to 53 feet in length and 102 
                inches in width;
                    ``(B) truck-tractor, semi-trailer, or trailer 
                combinations with each semi-trailer and trailer up to 
                28.5 feet in length and 102 inches in width; and
                    ``(C) drive-away saddlemount combinations, not to 
                exceed 97 feet in overall length, with up to 3 truck 
                tractors, with or without a full mount, towed by a 
                truck tractor.
            ``(2) National network.--The National Network designated 
        under the Surface Transportation Assistance Act of 1982 (Public 
        Law 97-424; 96 Stat. 2119) is repealed.
            ``(3) Operation of conventional combination vehicles.--
                    ``(A) Requirement.--Conventional combination 
                vehicles shall be permitted to operate in all States on 
                all segments of the National Highway System other than 
                segments--
                            ``(i) that were open to traffic on the date 
                        of enactment of the MAP-21; and
                            ``(ii) on which all nonpassenger commercial 
                        motor vehicles are banned on the date of 
                        enactment of the MAP-21.
                    ``(B) Restrictions.--A State may request temporary 
                or permanent restrictions on the operation of 
                conventional combination vehicles, subject to approval 
                by the Secretary, based on safety considerations, 
                geometric constraints, work zones, weather, or traffic 
                management requirements of special events or 
                emergencies.
                    ``(C) Reasonable access.--Conventional combination 
                vehicles shall be given reasonable access, by the most 
                reasonable, practicable, and safe route available, 
                subject to review by the Secretary--
                            ``(i) between the National Highway System 
                        and facilities for food, fuel, and rest within 
                        1 mile of the National Highway System; and
                            ``(ii) to terminal locations for the 
                        unloading and loading of cargo.''.
    (b) Conforming Amendments.--
            (1) Analysis.--The analysis for chapter 1 of title 23, 
        United States Code, is amended by striking the item relating to 
        section 103 and inserting the following:

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

SEC. 1105. APPORTIONMENT.

    (a)  In General.--Section 104 of title 23, United States Code, is 
amended to read as follows:
``Sec. 104. Apportionment
    ``(a) Administrative Expenses.--
            ``(1) In general.--There are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) to be made available to the Secretary for 
        administrative expenses of the Federal Highway Administration 
        $480,000,000 for each of fiscal years 2012 and 2013.
            ``(2) Purposes.--The amounts authorized to be appropriated 
        by this subsection shall be used--
                    ``(A) to administer the provisions of law to be 
                funded from appropriations for the Federal-aid highway 
                program and programs authorized under chapter 2;
                    ``(B) to make transfers of such sums as the 
                Secretary determines to be appropriate to the 
                Appalachian Regional Commission for administrative 
                activities associated with the Appalachian development 
                highway system; and
                    ``(C) to reimburse, as appropriate, the Office of 
                Inspector General of the Department of Transportation 
                for the conduct of annual audits of financial 
                statements in accordance with section 3521 of title 31.
            ``(3) Availability.--The amounts made available under 
        paragraph (1) shall remain available until expended.
    ``(b) Division of State Apportionments Among Programs.--The 
Secretary shall distribute the amount apportioned to a State for a 
fiscal year under subsection (c) among the national highway performance 
program, the transportation mobility program, the highway safety 
improvement program, the congestion mitigation and air quality 
improvement program, and the national freight program, and to carry out 
section 134 as follows:
            ``(1) National highway performance program.--For the 
        national highway performance program, 58 percent of the amount 
        remaining after distributing amounts under paragraphs (4) and 
        (6).
            ``(2) Transportation mobility program.--For the 
        transportation mobility program, 29.3 percent of the amount 
        remaining after distributing amounts under paragraphs (4) and 
        (6).
            ``(3) Highway safety improvement program.--For the highway 
        safety improvement program, 7 percent of the amount remaining 
        after distributing amounts under paragraphs (4) and (6).
            ``(4) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program, an amount determined by multiplying the 
        amount determined for the State under subsection (c) by the 
        proportion that--
                    ``(A) the amount apportioned to the State for the 
                congestion mitigation and air quality improvement 
                program for fiscal year 2009, plus 10 percent of the 
                amount apportioned to the State for the surface 
                transportation program for that fiscal year; bears to
                    ``(B) the total amount of funds apportioned to the 
                State for that fiscal year for the programs referred to 
                in section 105(a)(2) (except for the high priority 
                projects program referred to in section 105(a)(2)(H)), 
                as in effect on the day before the date of enactment of 
                the MAP-21.
            ``(5) National freight program.--For the national freight 
        program, 5.7 percent of the amount remaining after distributing 
        amounts under paragraphs (4) and (6).
            ``(6) Metropolitan planning.--To carry out section 134, an 
        amount determined by multiplying the amount determined for the 
        State under subsection (c) by the proportion that--
                    ``(A) the amount apportioned to the State to carry 
                out section 134 for fiscal year 2009; bears to
                    ``(B) the total amount of funds apportioned to the 
                State for that fiscal year for the programs referred to 
                in section 105(a)(2) (except for the high priority 
                projects program referred to in section 105(a)(2)(H)), 
                as in effect on the day before the date of enactment of 
                the MAP-21.
    ``(c) Calculation of State Amounts.--
            ``(1) State share.--The amount for each State of combined 
        apportionments for the national highway performance program 
        under section 119, the transportation mobility program under 
        section 133, the highway safety improvement program under 
        section 148, the congestion mitigation and air quality 
        improvement program under section 149, the national freight 
        program under section 167, and to carry out section 134 shall 
        be determined as follows:
                    ``(A) Initial amount.--The initial amount for each 
                State shall be determined by multiplying the total 
                amount available for apportionment by the share for 
                each State which shall be equal to the proportion 
                that--
                            ``(i) the amount of apportionments and 
                        allocations that the State received for fiscal 
                        years 2005 through 2009; bears to
                            ``(ii) the amount of those apportionments 
                        and allocations received by all States for 
                        those fiscal years.
                    ``(B) Adjustments to amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that, for each State, the 
                amount of combined apportionments for the programs 
                shall not be less than 95 percent of the estimated tax 
                payments attributable to highway users in the State 
                paid into the Highway Trust Fund (other than the Mass 
                Transit Account) in the most recent fiscal year for 
                which data are available.
            ``(2) State apportionment.--On October 1 of each fiscal 
        year, the Secretary shall apportion the sum authorized to be 
        appropriated for expenditure on the national highway 
        performance program under section 119, the transportation 
        mobility program under section 133, the highway safety 
        improvement program under section 148, the congestion 
        mitigation and air quality improvement program under section 
        149, the national freight program under section 167, and to 
        carry out section 134 in accordance with paragraph (1).
    ``(d) Metropolitan Planning.--
            ``(1) Use of amounts.--
                    ``(A) Use.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the amounts apportioned to a State 
                        under subsection (b)(6) shall be made available 
                        by the State to the metropolitan planning 
                        organizations responsible for carrying out 
                        section 134 in the State.
                            ``(ii) States receiving minimum 
                        apportionment.--A State that received the 
                        minimum apportionment for use in carrying out 
                        section 134 for fiscal year 2009 may, subject 
                        to the approval of the Secretary, use the funds 
                        apportioned under subsection (b)(6) to fund 
                        transportation planning outside of urbanized 
                        areas.
                    ``(B) Unused funds.--Any funds that are not used to 
                carry out section 134 may be made available by a 
                metropolitan planning organization to the State to fund 
                activities under section 135.
            ``(2) Distribution of amounts within states.--
                    ``(A) In general.--The distribution within any 
                State of the planning funds made available to 
                organizations under paragraph (1) shall be in 
                accordance with a formula that--
                            ``(i) is developed by each State and 
                        approved by the Secretary; and
                            ``(ii) takes into consideration, at a 
                        minimum, population, status of planning, 
                        attainment of air quality standards, 
                        metropolitan area transportation needs, and 
                        other factors necessary to provide for an 
                        appropriate distribution of funds to carry out 
                        section 134 and other applicable requirements 
                        of Federal law.
                    ``(B) Reimbursement.--Not later than 10 days after 
                the date of receipt by a State of a request for 
                reimbursement of expenditures made by a metropolitan 
                planning organization for carrying out section 134, the 
                State shall reimburse, from amounts distributed under 
                this paragraph to the metropolitan planning 
                organization by the State, the metropolitan planning 
                organization for those expenditures.
            ``(3) Determination of population figures.--For the purpose 
        of determining population figures under this subsection, the 
        Secretary shall use the latest available data from the 
        decennial census conducted under section 141(a) of title 13, 
        United States Code.
    ``(e) Certification of Apportionments.--
            ``(1) In general.--The Secretary shall--
                    ``(A) on October 1 of each fiscal year, certify to 
                each of the State transportation departments the amount 
                that has been apportioned to the State under this 
                section for the fiscal year; and
                    ``(B) to permit the States to develop adequate 
                plans for the use of amounts apportioned under this 
                section, advise each State of the amount that will be 
                apportioned to the State under this section for a 
                fiscal year not later than 90 days before the beginning 
                of the fiscal year for which the sums to be apportioned 
                are authorized.
            ``(2) Notice to states.--If the Secretary has not made an 
        apportionment under this section for a fiscal year beginning 
        after September 30, 1998, by not later than the date that is 
        the twenty-first day of that fiscal year, the Secretary shall 
        submit, by not later than that date, to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate, a written statement of the reason for not 
        making the apportionment in a timely manner.
            ``(3) Apportionment calculations.--
                    ``(A) In general.--The calculation of official 
                apportionments of funds to the States under this title 
                is a primary responsibility of the Department and shall 
                be carried out only by employees (and not contractors) 
                of the Department.
                    ``(B) Prohibition on use of funds to hire 
                contractors.--None of the funds made available under 
                this title shall be used to hire contractors to 
                calculate the apportionments of funds to States.
    ``(f) Transfer of Highway and Transit Funds.--
            ``(1) Transfer of highway funds for transit projects.--
                    ``(A) In general.--Subject to subparagraph (B), 
                amounts made available for transit projects or 
                transportation planning under this title may be 
                transferred to and administered by the Secretary in 
                accordance with chapter 53 of title 49.
                    ``(B) Non-federal share.--The provisions of this 
                title relating to the non-Federal share shall apply to 
                the amounts transferred under subparagraph (A).
            ``(2) Transfer of transit funds for highway projects.--
                    ``(A) In general.--Subject to subparagraph (B), 
                amounts made available for highway projects or 
                transportation planning under chapter 53 of title 49 
                may be transferred to and administered by the Secretary 
                in accordance with this title.
                    ``(B) Non-federal share.--The provisions of chapter 
                53 of title 49 relating to the non-Federal share shall 
                apply to amounts transferred under subparagraph (A).
            ``(3) Transfer of funds among states or to federal highway 
        administration.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary may, at the request of a State, transfer 
                amounts apportioned or allocated under this title to 
                the State to another State, or to the Federal Highway 
                Administration, for the purpose of funding 1 or more 
                projects that are eligible for assistance with amounts 
                so apportioned or allocated.
                    ``(B) Apportionment.--The transfer shall have no 
                effect on any apportionment of amounts to a State under 
                this section.
                    ``(C) Funds suballocated to urbanized areas.--
                Amounts that are apportioned or allocated to a State 
                under subsection (b)(3) (as in effect on the day before 
                the date of enactment of the MAP-21) or subsection 
                (b)(2) and attributed to an urbanized area of a State 
                with a population of more than 200,000 individuals 
                under section 133(d) may be transferred under this 
                paragraph only if the metropolitan planning 
                organization designated for the area concurs, in 
                writing, with the transfer request.
            ``(4) Transfer of obligation authority.--Obligation 
        authority for amounts transferred under this subsection shall 
        be transferred in the same manner and amount as the amounts for 
        the projects that are transferred under this subsection.''.
    (b) Conforming Amendment.--Section 146(a) of title 23, United 
States Code, is amended by striking ``sections 104(b)(l) and 
104(b)(3)'' and inserting ``section 104(b)(2)''.

SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    (a) In General.--Section 119 of title 23, United States Code, is 
amended to read as follows:
``Sec. 119. National highway performance program
    ``(a) Establishment.--The Secretary shall establish and implement a 
national highway performance program under this section.
    ``(b) Purposes.--The purposes of the national highway performance 
program shall be--
            ``(1) to provide support for the condition and performance 
        of the National Highway System; and
            ``(2) to ensure that investments of Federal-aid funds in 
        highway infrastructure are directed to achievement of 
        established national performance goals for infrastructure 
        condition and performance.
    ``(c) Eligible Facilities.--Except as provided in subsection (d), 
to be eligible for funding apportioned under section 104(b)(1) to carry 
out this section, a facility shall be located on the National Highway 
System, as defined in section 103.
    ``(d) Eligible Projects.--Funds apportioned to a State to carry out 
the national highway performance program may be obligated only for a 
project on an eligible facility that is--
            ``(1) a project, or is part of a program of projects, 
        supporting progress toward the achievement of national 
        performance goals for improving infrastructure condition, 
        safety, mobility, or freight movement on the National Highway 
        System and consistent with sections 134 and 135; and
            ``(2) for 1 or more of the following purposes:
                    ``(A) Construction, reconstruction, resurfacing, 
                restoration, rehabilitation, preservation, or 
                operational improvement of segments of the National 
                Highway System.
                    ``(B) Construction, replacement (including 
                replacement with fill material), rehabilitation, 
                preservation, and protection (including scour 
                countermeasures, seismic retrofits, impact protection 
                measures, security countermeasures, and protection 
                against extreme events) of bridges on the National 
                Highway System.
                    ``(C) Construction, replacement (including 
                replacement with fill material), rehabilitation, 
                preservation, and protection (including impact 
                protection measures, security countermeasures, and 
                protection against extreme events) of tunnels on the 
                National Highway System.
                    ``(D) Inspection and evaluation, as described in 
                section 144, of bridges and tunnels on the National 
                Highway System, and inspection and evaluation of other 
                highway infrastructure assets on the National Highway 
                System, including signs and sign structures, earth 
                retaining walls, and drainage structures.
                    ``(E) Training of bridge and tunnel inspectors, as 
                described in section 144.
                    ``(F) Construction, rehabilitation, or replacement 
                of existing ferry boats and ferry boat facilities, 
                including approaches, that connect road segments of the 
                National Highway System.
                    ``(G) Construction, reconstruction, resurfacing, 
                restoration, rehabilitation, and preservation of, and 
                operational improvements for, a Federal-aid highway not 
                on the National Highway System, and construction of a 
                transit project eligible for assistance under chapter 
                53 of title 49, if--
                            ``(i) the highway project or transit 
                        project is in the same corridor as, and in 
                        proximity to, a fully access-controlled highway 
                        designated as a part of the National Highway 
                        System;
                            ``(ii) the construction or improvements 
                        will enhance the level of service on the fully 
                        access-controlled highway described in clause 
                        (i) and improve regional traffic flow; and
                            ``(iii) the construction or improvements 
                        are more cost-effective, as determined by 
                        benefit-cost analysis, than an improvement to 
                        the fully access-controlled highway described 
                        in clause (i).
                    ``(H) Bicycle transportation and pedestrian 
                walkways in accordance with section 217.
                    ``(I) Highway safety improvements for segments of 
                the National Highway System.
                    ``(J) Capital and operating costs for traffic and 
                traveler information monitoring, management, and 
                control facilities and programs.
                    ``(K) Development and implementation of a State 
                asset management plan for the National Highway System 
                in accordance with this section, including data 
                collection, maintenance, and integration and the cost 
                associated with obtaining, updating, and licensing 
                software and equipment required for risk-based asset 
                management and performance-based management.
                    ``(L) Infrastructure-based intelligent 
                transportation systems capital improvements.
                    ``(M) Environmental restoration and pollution 
                abatement in accordance with section 328.
                    ``(N) Control of noxious weeds and aquatic noxious 
                weeds and establishment of native species in accordance 
                with section 329.
                    ``(O) In accordance with all applicable Federal law 
                (including regulations), participation in natural 
                habitat and wetlands mitigation efforts relating to 
                projects funded under this title, which may include 
                participation in natural habitat and wetlands 
                mitigation banks, contributions to statewide and 
                regional efforts to conserve, restore, enhance, and 
                create natural habitats and wetlands, and development 
                of statewide and regional natural habitat and wetlands 
                conservation and mitigation plans, including any such 
                banks, efforts, and plans developed in accordance with 
                applicable Federal law (including regulations), on the 
                conditions that--
                            ``(i) contributions to those mitigation 
                        efforts may--
                                    ``(I) take place concurrent with or 
                                in advance of project construction; and
                                    ``(II) occur in advance of project 
                                construction only if the efforts are 
                                consistent with all applicable 
                                requirements of Federal law (including 
                                regulations) and State transportation 
                                planning processes; and
                            ``(ii) with respect to participation in a 
                        natural habitat or wetland mitigation effort 
                        relating to a project funded under this title 
                        that has an impact that occurs within the 
                        service area of a mitigation bank, preference 
                        is given, to the maximum extent practicable, to 
                        the use of the mitigation bank if the bank 
                        contains sufficient available credits to offset 
                        the impact and the bank is approved in 
                        accordance with applicable Federal law 
                        (including regulations).
    ``(e) Limitation on New Capacity.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        maximum amount that a State may obligate under this section for 
        projects under subsection (d)(2)(G) and that is attributable to 
        the portion of the cost of any project undertaken to expand the 
        capacity of eligible facilities on the National Highway System, 
        in a case in which the new capacity consists of 1 or more new 
        travel lanes that are not high-occupancy vehicle lanes, shall 
        not, in total, exceed 40 percent of the combined apportionments 
        of a State under section 104(b)(1) for the most recent 3 
        consecutive fiscal years.
            ``(2) Exception.--Paragraph (1) shall not apply to a 
        project for the construction of auxiliary lanes or widening of 
        a bridge during rehabilitation or replacement to meet current 
        geometric, construction, and structural standards for the types 
        and volumes of projected traffic over the design life of the 
        project.
    ``(f) State Performance Management.--
            ``(1) In general.--A State shall develop a risk-based asset 
        management plan for the National Highway System based on a 
        process defined by the Secretary to guide effective investment 
        decisions to improve or preserve asset condition and system 
        performance.
            ``(2) Performance driven plan.--A State asset management 
        plan shall include strategies leading to a program of projects 
        that would make progress toward achievement of the State 
        targets for asset condition and performance of the National 
        Highway System in accordance with paragraph (5) and, to the 
        maximum extent practicable, reflect the national goals 
        identified in section 150.
            ``(3) Plan contents.--A State asset management plan shall, 
        at a minimum, be in a form that the Secretary determines to be 
        appropriate and include--
                    ``(A) a summary listing of the highway 
                infrastructure assets on the National Highway System in 
                the State, including a description of the condition of 
                those assets;
                    ``(B) asset management objectives and measures;
                    ``(C) performance gap identification;
                    ``(D) lifecycle cost and risk management analysis;
                    ``(E) a financial plan; and
                    ``(F) investment strategies.
            ``(4) Standards and measures.--Not later than 18 months 
        after the date of enactment of the MAP-21, the Secretary shall, 
        by regulation and in consultation with State departments of 
        transportation and other stakeholders, establish--
                    ``(A) minimum standards for States to use in 
                developing and operating pavement management systems 
                and bridge management systems;
                    ``(B) measures for States to use to assess--
                            ``(i) the condition of pavements on the 
                        Interstate system;
                            ``(ii) the condition of pavements on the 
                        National Highway System (excluding the 
                        Interstate);
                            ``(iii) the condition of bridges on the 
                        National Highway System;
                            ``(iv) the performance of the Interstate 
                        System; and
                            ``(v) the performance of the National 
                        Highway System (excluding the Interstate 
                        System);
                    ``(C) the data elements that are necessary to 
                collect and maintain data, and a standardized process 
                for collection and sharing of data with appropriate 
                governmental entities at the Federal, State, and local 
                levels (including metropolitan planning organizations), 
                to carry out paragraph (5); and
                    ``(D) minimum levels for--
                            ``(i) the condition of pavement on the 
                        Interstate System; and
                            ``(ii) the condition of bridges on the 
                        National Highway System.
            ``(5) State performance targets.--
                    ``(A) Establishment of targets.--Not later than 1 
                year after the date on which the Secretary promulgates 
                regulations under paragraph (4), each State, in 
                consultation with metropolitan planning organizations, 
                shall establish targets that address each of the 
                performance measures identified in paragraph (4)(B).
                    ``(B) Periodic updates.--Each State shall 
                periodically update the targets established under 
                subparagraph (A).
            ``(6) Requirement for plan.--To obligate funding 
        apportioned under section 104(b)(1), each State shall have in 
        effect--
                    ``(A) a risk-based asset management plan for the 
                National Highway System in accordance with this 
                section, developed through a process defined and 
                approved by the Secretary; and
                    ``(B) State targets that address the performance 
                measures identified in paragraph (4)(B).
            ``(7) Certification of plan development process.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which a State submits a request for approval of 
                the process used by the State to develop the State 
                asset management plan for the National Highway System, 
                the Secretary shall--
                            ``(i) review the process; and
                            ``(ii)(I) certify that the process meets 
                        the requirements established by the Secretary; 
                        or
                            ``(II) deny certification and specify 
                        actions necessary for the State to take to 
                        correct deficiencies in the State process.
                    ``(B) Recertification.--Not less often than every 4 
                years, the Secretary shall review and recertify that 
                the process used by a State to develop and maintain the 
                State asset management plan for the National Highway 
                System meets the requirements for the process, as 
                established by the Secretary.
            ``(8) Performance reports.--
                    ``(A) In general.--Not later than 4 years after the 
                date of enactment of the MAP-21 and biennially 
                thereafter, a State shall submit to the Secretary a 
                report that describes--
                            ``(i) the condition and performance of the 
                        National Highway System in the State;
                            ``(ii) progress in achieving State targets 
                        for each of the performance measures for the 
                        National Highway System; and
                            ``(iii) the effectiveness of the investment 
                        strategy documented in the State asset 
                        management plan for the National Highway 
                        System.
                    ``(B) Failure to achieve targets.--A State that 
                does not achieve or make significant progress toward 
                achieving the targets of the State for performance 
                measures described in subparagraph (A)(ii) for 2 
                consecutive reports submitted under this paragraph 
                shall include in the next report submitted a 
                description of the actions the State will undertake to 
                achieve the targets.
    ``(g) Interstate System and NHS Bridge Conditions.--
            ``(1) Condition of interstate system.--
                    ``(A) Penalty.--If, during 2 consecutive reporting 
                periods, the condition of the Interstate System in a 
                State falls below the minimum condition level 
                established by the Secretary under subsection 
                (f)(4)(D), the State shall be required, during the 
                following fiscal year--
                            ``(i) to obligate, from the amounts 
                        apportioned to the State under section 
                        104(b)(1), an amount that is not less than the 
                        amount of funds apportioned to the State for 
                        fiscal year 2009 under the Interstate 
                        maintenance program for the purposes described 
                        in this section (as in effect on the day before 
                        the date of enactment of the MAP-21), except 
                        that the amount reserved under this clause 
                        shall be increased by 2 percent over the amount 
                        reserved in the previous fiscal year for each 
                        year after fiscal year 2013; and
                            ``(ii) to transfer, from the amounts 
                        apportioned to the State under section 
                        104(b)(2) to the apportionment of the State 
                        under section 104(b)(1), an amount equal to 10 
                        percent of the amount of funds apportioned to 
                        the State for fiscal year 2009 under the 
                        Interstate maintenance program for the purposes 
                        described in this section (as in effect on the 
                        day before the date of enactment of the MAP-
                        21).
                    ``(B) Restoration.--The obligation requirement for 
                the Interstate System in a State required by 
                subparagraph (A) for a fiscal year shall remain in 
                effect for each subsequent fiscal year until such time 
                as the condition of the Interstate System in the State 
                exceeds the minimum condition level established by the 
                Secretary.
            ``(2) Condition of nhs bridges.--
                    ``(A) Penalty.--If, during 2 consecutive reporting 
                periods, the condition of bridges on the National 
                Highway System in a State falls below the minimum 
                condition level established by the Secretary under 
                subsection (f)(4)(D), the State shall be required, 
                during the following fiscal year--
                            ``(i) to obligate, from the amounts 
                        apportioned to the State under section 
                        104(b)(1), an amount for bridges on the 
                        National Highway System that is not less than 
                        50 percent of the amount of funds apportioned 
                        to the State for fiscal year 2009 under the 
                        highway bridge program for the purposes 
                        described in section 144 (as in effect on the 
                        day before the date of enactment of the MAP-
                        21), except that the amount reserved under this 
                        clause shall be increased by 2 percent over the 
                        amount reserved in the previous fiscal year for 
                        each year after fiscal year 2013; and
                            ``(ii) to transfer, from the amounts 
                        apportioned to the State under section 
                        104(b)(2) to the apportionment of the State 
                        under section 104(b)(1), an amount equal to 10 
                        percent of the amount of funds apportioned to 
                        the State for fiscal year 2009 under the 
                        highway bridge program for the purposes 
                        described in section 144 (as in effect on the 
                        day before the date of enactment of the MAP-
                        21).
                    ``(B) Restoration.--The obligation requirement for 
                bridges on the National Highway System in a State 
                required by subparagraph (A) for a fiscal year shall 
                remain in effect for each subsequent fiscal year until 
                such time as the condition of bridges on the National 
                Highway System in the State exceeds the minimum 
                condition level established by the Secretary.''.
    (b) Transition Period.--
            (1) In general.--Except as provided in paragraph (2), until 
        such date as a State has in effect an approved asset management 
        plan and has established performance targets as described in 
        section 119 of title 23, United States Code, that will 
        contribute to achieving the national goals for the condition 
        and performance of the National Highway System, but not later 
        than 15 months after the date on which the Secretary 
        promulgates regulations required under section 119(f)(4) of 
        that title, the Secretary shall approve obligations of funds 
        apportioned to a State to carry out the national highway 
        performance program under section 119 of that title, for 
        projects that otherwise meet the requirements of that section.
            (2) Extension.--The Secretary may extend the transition 
        period for a State under paragraph (1) if the Secretary 
        determines that the State has made a good faith effort to 
        establish an asset management plan and performance targets 
        referred to in that paragraph.
    (c) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
119 and inserting the following:

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

SEC. 1107. EMERGENCY RELIEF.

    Section 125 of title 23, United States Code, is amended to read as 
follows:
``Sec. 125. Emergency relief
    ``(a) In General.--Subject to this section and section 120, an 
emergency fund is authorized for expenditure by the Secretary for the 
repair or reconstruction of highways, roads, and trails, in any area of 
the United States, including Indian reservations, that the Secretary 
finds have suffered serious damage as a result of--
            ``(1) a natural disaster over a wide area, such as by a 
        flood, hurricane, tidal wave, earthquake, severe storm, or 
        landslide; or
            ``(2) catastrophic failure from any external cause.
    ``(b) Restriction on Eligibility.--
            ``(1) Definition of construction phase.--In this 
        subsection, the term `construction phase' means the phase of 
        physical construction of a highway or bridge facility that is 
        separate from any other identified phases, such as planning, 
        design, or right-of-way phases, in the State transportation 
        improvement program.
            ``(2) Restriction.--In no case shall funds be used under 
        this section for the repair or reconstruction of a bridge--
                    ``(A) that has been permanently closed to all 
                vehicular traffic by the State or responsible local 
                official because of imminent danger of collapse due to 
                a structural deficiency or physical deterioration; or
                    ``(B) if a construction phase of a replacement 
                structure is included in the approved Statewide 
                transportation improvement program at the time of an 
                event described in subsection (a).
    ``(c) Funding.--
            ``(1) In general.--Subject to the limitations described in 
        paragraph (2), there are authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit Account) such 
        sums as are necessary to establish the fund authorized by this 
        section and to replenish that fund on an annual basis.
            ``(2) Limitations.--The limitations referred to in 
        paragraph (1) are that--
                    ``(A) not more than $100,000,000 is authorized to 
                be obligated in any 1 fiscal year commencing after 
                September 30, 1980, to carry out this section, except 
                that, if for any fiscal year the total of all 
                obligations under this section is less than the amount 
                authorized to be obligated for the fiscal year, the 
                unobligated balance of that amount shall--
                            ``(i) remain available until expended; and
                            ``(ii) be in addition to amounts otherwise 
                        available to carry out this section for each 
                        year; and
                    ``(B)(i) pending such appropriation or 
                replenishment, the Secretary may obligate from any 
                funds appropriated at any time for obligation in 
                accordance with this title, including existing Federal-
                aid appropriations, such sums as are necessary for the 
                immediate prosecution of the work herein authorized; 
                and
                    ``(ii) funds obligated under this subparagraph 
                shall be reimbursed from the appropriation or 
                replenishment.
    ``(d) Eligibility.--
            ``(1) In general.--The Secretary may expend funds from the 
        emergency fund authorized by this section only for the repair 
        or reconstruction of highways on Federal-aid highways in 
        accordance with this chapter, except that--
                    ``(A) no funds shall be so expended unless an 
                emergency has been declared by the Governor of the 
                State with concurrence by the Secretary, unless the 
                President has declared the emergency to be a major 
                disaster for the purposes of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.) for which concurrence of the Secretary is 
                not required; and
                    ``(B) the Secretary has received an application 
                from the State transportation department that includes 
                a comprehensive list of all eligible project sites and 
                repair costs by not later than 2 years after the 
                natural disaster or catastrophic failure.
            ``(2) Cost limitation.--
                    ``(A) Definition of comparable facility.--In this 
                paragraph, the term `comparable facility' means a 
                facility that meets the current geometric and 
                construction standards required for a facility of 
                comparable capacity and character to the destroyed 
                facility, except a bridge facility which may be 
                constructed for the type and volume of traffic that the 
                bridge will carry over its design life.
                    ``(B) Limitation.--The total cost of a project 
                funded under this section may not exceed the cost of 
                repair or reconstruction of a comparable facility.
            ``(3) Debris removal.--The costs of debris removal shall be 
        an eligible expense only for events not eligible for assistance 
        pursuant to the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            ``(4) Territories.--The total obligations for projects 
        under this section for any fiscal year in the Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands shall not exceed $20,000,000.
            ``(5) Substitute traffic.--Notwithstanding any other 
        provision of this section, actual and necessary costs of 
        maintenance and operation of ferryboats or additional transit 
        service providing temporary substitute highway traffic service, 
        less the amount of fares charged for comparable service, may be 
        expended from the emergency fund authorized by this section for 
        Federal-aid highways.
    ``(e) Tribal Transportation Facilities, Federal Lands 
Transportation Facilities, and Public Roads on Federal Lands.--
            ``(1) Definition of open to public travel.--In this 
        subsection, the term `open to public travel' means, with 
        respect to a road, that, except during scheduled periods, 
        extreme weather conditions, or emergencies, the road is open to 
        the general public for use with a standard passenger vehicle, 
        without restrictive gates or prohibitive signs or regulations, 
        other than for general traffic control or restrictions based on 
        size, weight, or class of registration.
            ``(2) Expenditure of funds.--Notwithstanding subsection 
        (d)(1), the Secretary may expend funds from the emergency fund 
        authorized by this section, independently or in cooperation 
        with any other branch of the Federal Government, a State 
        agency, a tribal government, an organization, or a person, for 
        the repair or reconstruction of tribal transportation 
        facilities, Federal lands transportation facilities, and other 
        federally owned roads that are open to public travel, whether 
        or not those facilities are Federal-aid highways.
            ``(3) Reimbursement.--
                    ``(A) In general.--The Secretary may reimburse 
                Federal and State agencies (including political 
                subdivisions) for expenditures made for projects 
                determined eligible under this section, including 
                expenditures for emergency repairs made before a 
                determination of eligibility.
                    ``(B) Transfers.--With respect to reimbursements 
                described in subparagraph (A)--
                            ``(i) those reimbursements to Federal 
                        agencies and Indian tribal governments shall be 
                        transferred to the account from which the 
                        expenditure was made, or to a similar account 
                        that remains available for obligation; and
                            ``(ii) the budget authority associated with 
                        the expenditure shall be restored to the agency 
                        from which the authority was derived and shall 
                        be available for obligation until the end of 
                        the fiscal year following the year in which the 
                        transfer occurs.
    ``(f) Treatment of Territories.--For purposes of this section, the 
Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands shall be considered to be States and parts of 
the United States, and the chief executive officer of each such 
territory shall be considered to be a Governor of a State.''.

SEC. 1108. TRANSPORTATION MOBILITY PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended to read as follows:
``Sec. 133. Transportation mobility program
    ``(a) Establishment.--The Secretary shall establish and implement a 
transportation mobility program under this section.
    ``(b) Purpose.--The purpose of the transportation mobility program 
shall be to assist States and localities in improving the conditions 
and performance on Federal-aid highways and on bridges on any public 
road.
    ``(c) Eligible Projects.--Funds apportioned under section 104(b)(2) 
to carry out the transportation mobility program may be obligated for 
any of following purposes:
            ``(1) Construction, reconstruction, rehabilitation, 
        resurfacing, restoration, preservation, or operational 
        improvements for highways, including construction of designated 
        routes of the Appalachian development highway system.
            ``(2) Replacement (including replacement with fill 
        material), rehabilitation, preservation, protection (including 
        painting, scour countermeasures, seismic retrofits, impact 
        protection measures, security countermeasures, and protection 
        against extreme events) and application of calcium magnesium 
        acetate, sodium acetate/formate, or other environmentally 
        acceptable, minimally corrosive anti-icing and deicing 
        compositions for bridges (and approaches to bridges and other 
        elevated structures) and tunnels on public roads of all 
        functional classifications, including any such construction or 
        reconstruction necessary to accommodate other transportation 
        modes.
            ``(3) Construction of a new bridge or tunnel on a new 
        location on a highway, including any such construction 
        necessary to accommodate other transportation modes.
            ``(4) Inspection and evaluation (within the meaning of 
        section 144) of bridges and tunnels on public roads of all 
        functional classifications and inspection and evaluation of 
        other highway infrastructure assets, including signs and sign 
        structures, retaining walls, and drainage structures.
            ``(5) Training of bridge and tunnel inspectors (within the 
        meaning of section 144).
            ``(6) Capital costs for transit projects eligible for 
        assistance under chapter 53 of title 49, including vehicles and 
        facilities, whether publicly or privately owned, that are used 
        to provide intercity passenger service by bus.
            ``(7) Carpool projects, fringe and corridor parking 
        facilities and programs, including electric vehicle 
        infrastructure in accordance with section 137, bicycle 
        transportation and pedestrian walkways in accordance with 
        section 217, and the modification of public sidewalks to comply 
        with the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            ``(8) Highway and transit safety infrastructure 
        improvements and programs, installation of safety barriers and 
        nets on bridges, hazard eliminations, projects to mitigate 
        hazards caused by wildlife, and railway-highway grade 
        crossings.
            ``(9) Highway and transit research and development and 
        technology transfer programs.
            ``(10) Capital and operating costs for traffic and traveler 
        information monitoring, management, and control facilities and 
        programs, including truck stop electrification systems.
            ``(11) Projects and strategies designed to support 
        congestion pricing, including electronic toll collection and 
        travel demand management strategies and programs.
            ``(12) Surface transportation planning.
            ``(13) Transportation enhancement activities.
            ``(14) Recreational trails projects eligible for funding 
        under section 206.
            ``(15) Construction of ferry boats and ferry terminal 
        facilities eligible for funding under section 129(c).
            ``(16) Border infrastructure projects eligible for funding 
        under section 1303 of the SAFETEA-LU (Public Law 109-59).
            ``(17) Projects associated with National Scenic Byways, 
        All-American Roads, and America's Byways eligible for funding 
        under section 162.
            ``(18) Truck parking facilities eligible for funding under 
        section 1401 of the MAP-21.
            ``(19) Safe routes to school projects eligible for funding 
        under section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 
        Public Law 109-59).
            ``(20) Transportation control measures described in section 
        108(f)(1)(A) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)), 
        other than section 108(f)(1)(A)(xvi) of that Act.
            ``(21) Development and implementation of a State asset 
        management plan for the National Highway System in accordance 
        with section 119, including data collection, maintenance, and 
        integration and the costs associated with obtaining, updating, 
        and licensing software and equipment required for risk-based 
        asset management and performance-based management, and for 
        similar activities relating to the development and 
        implementation of a performance-based management system for 
        other public roads.
            ``(22) In accordance with all applicable Federal law 
        (including regulations), participation in natural habitat and 
        wetlands mitigation efforts relating to projects funded under 
        this title, which may include participation in natural habitat 
        and wetlands mitigation banks, contributions to statewide and 
        regional efforts to conserve, restore, enhance, and create 
        natural habitats and wetlands, and development of statewide and 
        regional natural habitat and wetlands conservation and 
        mitigation plans, including any such banks, efforts, and plans 
        developed in accordance with applicable Federal law (including 
        regulations), on the conditions that--
                    ``(A) contributions to those mitigation efforts 
                may--
                            ``(i) take place concurrent with or in 
                        advance of project construction; and
                            ``(ii) occur in advance of project 
                        construction only if the efforts are consistent 
                        with all applicable requirements of Federal law 
                        (including regulations) and State 
                        transportation planning processes; and
                    ``(B) with respect to participation in a natural 
                habitat or wetland mitigation effort relating to a 
                project funded under this title that has an impact that 
                occurs within the service area of a mitigation bank, 
                preference is given, to the maximum extent practicable, 
                to the use of the mitigation bank if the bank contains 
                sufficient available credits to offset the impact and 
                the bank is approved in accordance with applicable 
                Federal law (including regulations).
            ``(23) Infrastructure-based intelligent transportation 
        systems capital improvements.
            ``(24) Environmental restoration and pollution abatement in 
        accordance with section 328.
            ``(25) Control of noxious weeds and aquatic noxious weeds 
        and establishment of native species in accordance with section 
        329.
            ``(26) Improvements to a freight railroad, marine highway, 
        or intermodal facility, but only to the extent that the 
        Secretary concurs with the State that--
                    ``(A) the project will make significant improvement 
                to freight movements on the national freight network;
                    ``(B) the public benefit of the project exceeds the 
                Federal investment; and
                    ``(C) the project provides a better return than a 
                highway project on a segment of the primary freight 
                network, except that a State may not obligate in excess 
                of 5 percent of funds apportioned to the State under 
                section 104(b)(2) to carry out this section for that 
                purpose.
    ``(d) Allocations of Apportioned Funds to Areas Based on 
Population.--
            ``(1) Calculation.--Of the funds apportioned to a State 
        under section 104(b)(2)--
                    ``(A) 50 percent for a fiscal year shall be 
                obligated under this section, in proportion to their 
                relative shares of the population of the State--
                            ``(i) in urbanized areas of the State with 
                        an urbanized area population of over 200,000;
                            ``(ii) in areas of the State other than 
                        urban areas with a population greater than 
                        5,000; and
                            ``(iii) in other areas of the State; and
                    ``(B) 50 percent may be obligated in any area of 
                the State.
            ``(2) Metropolitan areas.--Funds attributed to an urbanized 
        area under subparagraph (A)(i) may be obligated in the 
        metropolitan area established under section 134 that 
        encompasses the urbanized area.
            ``(3) Distribution among urbanized areas of over 200,000 
        population.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of funds that a State is 
                required to obligate under paragraph (1)(A)(i) shall be 
                obligated in urbanized areas described in paragraph 
                (1)(A)(i) based on the relative population of the 
                areas.
                    ``(B) Other factors.--The State may obligate the 
                funds described in subparagraph (A) based on other 
                factors if the State and the relevant metropolitan 
                planning organizations jointly apply to the Secretary 
                for the permission to base the obligation on other 
                factors and the Secretary grants the request.
    ``(e) Location of Projects.--Except as provided in subsection (g) 
and for projects described in paragraphs (2), (4), (7), (8), (13), 
(14), and (19) of subsection (c), transportation mobility program 
projects may not be undertaken on roads functionally classified as 
local or rural minor collectors.
    ``(f) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with sections 134 and 135.
    ``(g) Bridges Not on Federal-aid Highways.--
            ``(1) Definition of off-system bridge.--The term `off-
        system bridge' means a highway bridge located on a public road, 
        other than a bridge on a Federal-aid highway.
            ``(2) Special rule.--
                    ``(A) Penalty.--If the total deck area of deficient 
                off-system bridges in a State increases for the 2 most 
                recent consecutive years, the State shall be required, 
                during the following fiscal year, to obligate for the 
                improvement of deficient off-system bridges from the 
                amounts apportioned to the State under section 
                104(b)(2) an amount that is not less than 110 percent 
                of the amount of funds required to be obligated by the 
                State for off-system bridges for fiscal year 2009 under 
                section 144(f)(2), as in effect on the day before the 
                date of enactment of the MAP-21, except that the amount 
                reserved under this subparagraph shall be increased by 
                2 percent over the amount reserved in the previous 
                fiscal year for each year after fiscal year 2013.
                    ``(B) Restoration.--The obligation requirement for 
                off-system bridges in a State required by subparagraph 
                (A) for a fiscal year shall remain in effect for each 
                subsequent fiscal year until such time as the total 
                deck area of deficient off-system bridges in the State 
                has decreased to the level it was in the State for the 
                fiscal year prior to the establishment of the 
                obligation requirement for the State under subparagraph 
                (A).
            ``(3) Credit for bridges not on federal-aid highways.--
        Notwithstanding any other provision of law, with respect to any 
        project not on a Federal-aid highway for the replacement of a 
        bridge or rehabilitation of a bridge that is wholly funded from 
        State and local sources, is eligible for Federal funds under 
        this section, is noncontroversial, is certified by the State to 
        have been carried out in accordance with all standards 
        applicable to such projects under this section, and is 
        determined by the Secretary upon completion to be no longer a 
        deficient bridge--
                    ``(A) any amount expended after the date of 
                enactment of this subsection from State and local 
                sources for the project in excess of 20 percent of the 
                cost of construction of the project may be credited to 
                the non-Federal share of the cost of other bridge 
                projects in the State that are eligible for Federal 
                funds under this section; and
                    ``(B) that crediting shall be conducted in 
                accordance with procedures established by the 
                Secretary.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
133 and inserting the following:

``133. Transportation mobility program.''.

SEC. 1109. WORKFORCE DEVELOPMENT.

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

SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

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

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

    (a) In General.--Section 144 of title 23, United States Code, is 
amended to read as follows:
``Sec. 144. National bridge and tunnel inventory and inspection 
              standards
    ``(a) Findings and Declarations.--
            ``(1) Findings.--Congress finds that--
                    ``(A) the condition of the bridges of the United 
                States has improved since the date of enactment of the 
                Transportation Equity Act for the 21st Century (Public 
                Law 105-178; 112 Stat. 107), yet continued improvement 
                to bridge conditions is essential to protect the safety 
                of the traveling public and allow for the efficient 
                movement of people and goods on which the economy of 
                the United States relies; and
                    ``(B) the systematic preventative maintenance of 
                bridges, and replacement and rehabilitation of 
                deficient bridges, should be undertaken through an 
                overall asset management approach to transportation 
                investment.
            ``(2) Declarations.--Congress declares that it is in the 
        vital interest of the United States--
                    ``(A) to inventory, inspect, and improve the 
                condition of the highway bridges and tunnels of the 
                United States;
                    ``(B) to use a data-driven, risk-based approach and 
                cost-effective strategy for systematic preventative 
                maintenance, replacement, and rehabilitation of highway 
                bridges and tunnels to ensure safety and extended 
                service life;
                    ``(C) to use performance-based bridge management 
                systems to assist States in making timely investments;
                    ``(D) to ensure accountability and link performance 
                outcomes to investment decisions; and
                    ``(E) to ensure connectivity and access for 
                residents of rural areas of the United States through 
                strategic investments in National Highway System 
                bridges and bridges on all public roads.
    ``(b) National Bridge and Tunnel Inventories.--
            ``(1) In general.--The Secretary, in consultation with the 
        States, shall--
                    ``(A) inventory all highway bridges on public roads 
                that are bridges over waterways, other topographical 
                barriers, other highways, and railroads;
                    ``(B) classify the bridges according to 
                serviceability, safety, and essentiality for public 
                use, including the potential impacts to emergency 
                evacuation routes and to regional and national freight 
                and passenger mobility if the serviceability of the 
                bridge is restricted or diminished; and
                    ``(C) based on that classification, assign each a 
                risk-based priority for systematic preventative 
                maintenance, replacement, or rehabilitation.
            ``(2) Tribally owned and federally owned bridges.--As part 
        of the activities carried out under paragraph (1), the 
        Secretary, in consultation with the Secretaries of appropriate 
        Federal agencies, shall--
                    ``(A) inventory all tribally owned and Federally 
                owned highway bridges that are open to the public, over 
                waterways, other topographical barriers, other 
                highways, and railroads;
                    ``(B) classify the bridges according to 
                serviceability, safety, and essentiality for public 
                use; and
                    ``(C) based on the classification, assign each a 
                risk-based priority for systematic preventative 
                maintenance, replacement, or rehabilitation.
            ``(3) Tunnels.--The Secretary shall establish a national 
        inventory of highway tunnels reflecting the findings of the 
        most recent highway tunnel inspections conducted by States 
        under this section.
    ``(c) General Bridge Authority.--
            ``(1) In general.--Except as provided in paragraph (2) and 
        notwithstanding any other provision of law, the General Bridge 
        Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges 
        authorized to be replaced, in whole or in part, by this title.
            ``(2) Exception.--Section 502(b) of the General Bridge Act 
        of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 
        1899 (33 U.S.C. 401), shall not apply to any bridge 
        constructed, reconstructed, rehabilitated, or replaced with 
        assistance under this title, if the bridge is over waters 
        that--
                    ``(A) are not used and are not susceptible to use 
                in the natural condition of the bridge or by reasonable 
                improvement as a means to transport interstate or 
                foreign commerce; and
                    ``(B) are--
                            ``(i) not tidal; or
                            ``(ii) if tidal, used only by recreational 
                        boating, fishing, and other small vessels that 
                        are less than 21 feet in length.
    ``(d) Inventory Updates and Reports.--
            ``(1) In general.--The Secretary shall--
                    ``(A) annually revise the inventories authorized by 
                subsection (b); and
                    ``(B) submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the Senate 
                a report on the inventories.
            ``(2) Inspection report.--Not later than 1 year after the 
        date of enactment of the MAP-21, each State and appropriate 
        Federal agency shall report element level data to the 
        Secretary, as each bridge is inspected pursuant to this 
        section, for all highway bridges on the National Highway 
        System.
            ``(3) Guidance.--The Secretary shall provide guidance to 
        States and Federal agencies for implementation of this 
        subsection.
            ``(4) Bridges not on national highway system.--The 
        Secretary shall--
                    ``(A) conduct a study on the benefits, cost-
                effectiveness, and feasibility of requiring element-
                level data collection for bridges not on the National 
                Highway System; and
                    ``(B) submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the Senate 
                a report on the results of the study.
    ``(e) Bridges Without Taxing Powers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, any bridge that is owned and operated by an agency that 
        does not have taxing powers and whose functions include 
        operating a federally assisted public transit system subsidized 
        by toll revenues shall be eligible for assistance under this 
        title, but the amount of such assistance shall in no event 
        exceed the cumulative amount which such agency has expended for 
        capital and operating costs to subsidize such transit system.
            ``(2) Insufficient assets.--Before authorizing an 
        expenditure of funds under this subsection, the Secretary shall 
        determine that the applicant agency has insufficient reserves, 
        surpluses, and projected revenues (over and above those 
        required for bridge and transit capital and operating costs) to 
        fund the necessary bridge replacement or rehabilitation 
        project.
            ``(3) Crediting of non-federal funds.--Any non-Federal 
        funds expended for the seismic retrofit of the bridge may be 
        credited toward the non-Federal share required as a condition 
        of receipt of any Federal funds for seismic retrofit of the 
        bridge made available after the date of the expenditure.
    ``(f) Replacement of Destroyed Bridges and Ferry Boat Service.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a State may use the funds apportioned under section 
        104(b)(2) to construct any bridge that replaces--
                    ``(A) any low water crossing (regardless of the 
                length of the low water crossing);
                    ``(B) any bridge that was destroyed prior to 
                January 1, 1965;
                    ``(C) any ferry that was in existence on January 1, 
                1984; or
                    ``(D) any road bridge that is rendered obsolete as 
                a result of a Corps of Engineers flood control or 
                channelization project and is not rebuilt with funds 
                from the Corps of Engineers.
            ``(2) Federal share.--The Federal share payable on any 
        bridge construction carried out under paragraph (1) shall be 80 
        percent of the cost of the construction.
    ``(g) Historic Bridges.--
            ``(1) Definition of historic bridge.--In this subsection, 
        the term `historic bridge' means any bridge that is listed on, 
        or eligible for listing on, the National Register of Historic 
        Places.
            ``(2) Coordination.--The Secretary shall, in cooperation 
        with the States, encourage the retention, rehabilitation, 
        adaptive reuse, and future study of historic bridges.
            ``(3) State inventory.--The Secretary shall require each 
        State to complete an inventory of all bridges on and off 
        Federal-aid highways to determine the historic significance of 
        the bridges.
            ``(4) Eligibility.--
                    ``(A) In general.--Subject to subparagraph (B), 
                reasonable costs associated with actions to preserve, 
                or reduce the impact of a project under this chapter 
                on, the historic integrity of a historic bridge shall 
                be eligible as reimbursable project costs under section 
                133 if the load capacity and safety features of the 
                historic bridge are adequate to serve the intended use 
                for the life of the historic bridge.
                    ``(B) Bridges not used for vehicle traffic.--In the 
                case of a historic bridge that is no longer used for 
                motorized vehicular traffic, the costs eligible as 
                reimbursable project costs pursuant to this chapter 
                shall not exceed the estimated cost of demolition of 
                the historic bridge.
            ``(5) Preservation.--Any State that proposes to demolish a 
        historic bridge for a replacement project with funds made 
        available to carry out this section shall first make the 
        historic bridge available for donation to a State, locality, or 
        responsible private entity if the State, locality, or 
        responsible entity enters into an agreement--
                    ``(A) to maintain the bridge and the features that 
                give the historic bridge its historic significance; and
                    ``(B) to assume all future legal and financial 
                responsibility for the historic bridge, which may 
                include an agreement to hold the State transportation 
                department harmless in any liability action.
            ``(6) Costs incurred.--
                    ``(A) In general.--Costs incurred by the State to 
                preserve a historic bridge (including funds made 
                available to the State, locality, or private entity to 
                enable it to accept the bridge) shall be eligible as 
                reimbursable project costs under this chapter in an 
                amount not to exceed the cost of demolition.
                    ``(B) Additional funding.--Any bridge preserved 
                pursuant to this paragraph shall not be eligible for 
                any other funds authorized pursuant to this title.
    ``(h) National Bridge and Tunnel Inspection Standards.--
            ``(1) Requirement.--
                    ``(A) In general.--The Secretary shall establish 
                and maintain inspection standards for the proper 
                inspection and evaluation of all highway bridges and 
                tunnels for safety and serviceability.
                    ``(B) Uniformity.--The standards under this 
                subsection shall be designed to ensure uniformity of 
                the inspections and evaluations.
            ``(2) Minimum requirements of inspection standards.--The 
        standards established under paragraph (1) shall, at a minimum--
                    ``(A) specify, in detail, the method by which the 
                inspections shall be carried out by the States, Federal 
                agencies, and tribal governments;
                    ``(B) establish the maximum time period between 
                inspections;
                    ``(C) establish the qualifications for those 
                charged with carrying out the inspections;
                    ``(D) require each State, Federal agency, and 
                tribal government to maintain and make available to the 
                Secretary on request--
                            ``(i) written reports on the results of 
                        highway bridge and tunnel inspections and 
                        notations of any action taken pursuant to the 
                        findings of the inspections; and
                            ``(ii) current inventory data for all 
                        highway bridges and tunnels reflecting the 
                        findings of the most recent highway bridge and 
                        tunnel inspections conducted; and
                    ``(E) establish a procedure for national 
                certification of highway bridge inspectors and tunnel 
                inspectors.
            ``(3) State compliance with inspection standards.--The 
        Secretary shall, at a minimum--
                    ``(A) establish, in consultation with the States, 
                and interested and knowledgeable private organizations 
                and individuals, procedures to conduct reviews of State 
                compliance with--
                            ``(i) the standards established under this 
                        subsection; and
                            ``(ii) the calculation or reevaluation of 
                        bridge load ratings; and
                    ``(B) establish, in consultation with the States, 
                and interested and knowledgeable private organizations 
                and individuals, procedures for States to follow in 
                reporting to the Secretary--
                            ``(i) critical findings relating to 
                        structural or safety-related deficiencies of 
                        highway bridges; and
                            ``(ii) monitoring activities and corrective 
                        actions taken in response to a critical 
                        finding.
            ``(4) Reviews of state compliance.--
                    ``(A) In general.--The Secretary shall annually 
                review State compliance with the standards established 
                under this section.
                    ``(B) Noncompliance.--If an annual review in 
                accordance with subparagraph (A) identifies 
                noncompliance by a State, the Secretary shall--
                            ``(i) issue a report detailing the issues 
                        of the noncompliance by December 31 of the 
                        calendar year in which the review was made; and
                            ``(ii) provide the State an opportunity to 
                        address the noncompliance by--
                                    ``(I) developing a corrective 
                                action plan to remedy the 
                                noncompliance; or
                                    ``(II) resolving the issues of 
                                noncompliance not later than 45 days 
                                after the date of notification.
            ``(5) Penalty for noncompliance.--
                    ``(A) In general.--If a State fails to satisfy the 
                requirements of paragraph (4)(B) by August 1 of the 
                calendar year following the year of a finding of 
                noncompliance, the Secretary shall, on October 1 of 
                that year, and each year thereafter as may be 
                necessary, require the State to dedicate funds 
                apportioned to the State under sections 119 and 133 
                after the date of enactment of the MAP-21 to correct 
                the noncompliance with the minimum inspection standards 
                established under this subsection.
                    ``(B) Amount.--The amount of the funds to be 
                directed to correcting noncompliance in accordance with 
                subparagraph (A) shall--
                            ``(i) be determined by the State based on 
                        an analysis of the actions needed to address 
                        the noncompliance; and
                            ``(ii) require approval by the Secretary.
            ``(6) Update of standards.--Not later than 3 years after 
        the date of enactment of the MAP-21, the Secretary shall update 
        inspection standards to cover--
                    ``(A) the methodology, training, and qualifications 
                for inspectors; and
                    ``(B) the frequency of inspection.
            ``(7) Risk-based approach.--In carrying out the revisions 
        required by paragraph (6), the Secretary shall consider a risk-
        based approach to determining the frequency of bridge 
        inspections.
    ``(i) Training Program for Bridge and Tunnel Inspectors.--
            ``(1) In general.--The Secretary, in cooperation with the 
        State transportation departments, shall maintain a program 
        designed to train appropriate personnel to carry out highway 
        bridge and tunnel inspections.
            ``(2) Revisions.--The training program shall be revised 
        from time to time to take into account new and improved 
        techniques.
    ``(j) Availability of Funds.--To carry out this section, the 
Secretary may use funds made available under sections 104(a), 119, 133, 
and 503.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
144 and inserting the following:

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

SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    Section 148 of title 23, United States Code, is amended to read as 
follows:
``Sec. 148. Highway safety improvement program
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) High risk rural road.--The term `high risk rural 
        road' means any roadway functionally classified as a rural 
        major or minor collector or a rural local road with significant 
        safety risks, as defined by a State in accordance with an 
        updated State strategic highway safety plan.
            ``(2) Highway basemap.--The term `highway basemap' means a 
        representation of all public roads that can be used to 
        geolocate attribute data on a roadway.
            ``(3) Highway safety improvement program.--The term 
        `highway safety improvement program' means projects, 
        activities, plans, and reports carried out under this section.
            ``(4) Highway safety improvement project.--
                    ``(A) In general.--The term `highway safety 
                improvement project' means strategies, activities, and 
                projects on a public road that are consistent with a 
                State strategic highway safety plan and--
                            ``(i) correct or improve a hazardous road 
                        location or feature; or
                            ``(ii) address a highway safety problem.
                    ``(B) Inclusions.--The term `highway safety 
                improvement project' includes, but is not limited to, a 
                project for 1 or more of the following:
                            ``(i) An intersection safety improvement.
                            ``(ii) Pavement and shoulder widening 
                        (including addition of a passing lane to remedy 
                        an unsafe condition).
                            ``(iii) Installation of rumble strips or 
                        another warning device, if the rumble strips or 
                        other warning devices do not adversely affect 
                        the safety or mobility of bicyclists and 
                        pedestrians, including persons with 
                        disabilities.
                            ``(iv) Installation of a skid-resistant 
                        surface at an intersection or other location 
                        with a high frequency of crashes.
                            ``(v) An improvement for pedestrian or 
                        bicyclist safety or safety of persons with 
                        disabilities.
                            ``(vi) Construction and improvement of a 
                        railway-highway grade crossing safety feature, 
                        including installation of protective devices.
                            ``(vii) The conduct of a model traffic 
                        enforcement activity at a railway-highway 
                        crossing.
                            ``(viii) Construction of a traffic calming 
                        feature.
                            ``(ix) Elimination of a roadside hazard.
                            ``(x) Installation, replacement, and other 
                        improvement of highway signage and pavement 
                        markings, or a project to maintain minimum 
                        levels of retroreflectivity, that addresses a 
                        highway safety problem consistent with a State 
                        strategic highway safety plan.
                            ``(xi) Installation of a priority control 
                        system for emergency vehicles at signalized 
                        intersections.
                            ``(xii) Installation of a traffic control 
                        or other warning device at a location with high 
                        crash potential.
                            ``(xiii) Transportation safety planning.
                            ``(xiv) Collection, analysis, and 
                        improvement of safety data.
                            ``(xv) Planning integrated interoperable 
                        emergency communications equipment, operational 
                        activities, or traffic enforcement activities 
                        (including police assistance) relating to work 
                        zone safety.
                            ``(xvi) Installation of guardrails, 
                        barriers (including barriers between 
                        construction work zones and traffic lanes for 
                        the safety of road users and workers), and 
                        crash attenuators.
                            ``(xvii) The addition or retrofitting of 
                        structures or other measures to eliminate or 
                        reduce crashes involving vehicles and wildlife.
                            ``(xviii) Installation of yellow-green 
                        signs and signals at pedestrian and bicycle 
                        crossings and in school zones.
                            ``(xix) Construction and operational 
                        improvements on high risk rural roads.
                            ``(xx) Geometric improvements to a road for 
                        safety purposes that improve safety.
                            ``(xxi) A road safety audit.
                            ``(xxii) Roadway safety infrastructure 
                        improvements consistent with the 
                        recommendations included in the publication of 
                        the Federal Highway Administration entitled 
                        `Highway Design Handbook for Older Drivers and 
                        Pedestrians' (FHWA-RD-01-103), dated May 2001 
                        or as subsequently revised and updated.
                            ``(xxiii) Truck parking facilities eligible 
                        for funding under section 1401 of the MAP-21.
                            ``(xxiv) Systemic safety improvements.
            ``(5) Model inventory of roadway elements.--The term `model 
        inventory of roadway elements' means the listing and 
        standardized coding by the Federal Highway Administration of 
        roadway and traffic data elements critical to safety 
        management, analysis, and decisionmaking.
            ``(6) Project to maintain minimum levels of 
        retroreflectivity.--The term `project to maintain minimum 
        levels of retroreflectivity' means a project that is designed 
        to maintain a highway sign or pavement marking 
        retroreflectivity at or above the minimum levels prescribed in 
        Federal or State regulations.
            ``(7) Road safety audit.--The term `road safety audit' 
        means a formal safety performance examination of an existing or 
        future road or intersection by an independent multidisciplinary 
        audit team.
            ``(8) Road users.--The term `road user' means a motorist, 
        passenger, public transportation operator or user, truck 
        driver, bicyclist, motorcyclist, or pedestrian, including a 
        person with disabilities.
            ``(9) Safety data.--
                    ``(A) In general.--The term `safety data' means 
                crash, roadway, and traffic data on a public road.
                    ``(B) Inclusion.--The term `safety data' includes, 
                in the case of a railway-highway grade crossing, the 
                characteristics of highway and train traffic, 
                licensing, and vehicle data.
            ``(10) Safety project under any other section.--
                    ``(A) In general.--The term `safety project under 
                any other section' means a project carried out for the 
                purpose of safety under any other section of this 
                title.
                    ``(B) Inclusion.--The term `safety project under 
                any other section' includes--
                            ``(i) a project consistent with the State 
                        strategic highway safety plan that promotes the 
                        awareness of the public and educates the public 
                        concerning highway safety matters (including 
                        motorcycle safety);
                            ``(ii) a project to enforce highway safety 
                        laws; and
                            ``(iii) a project to provide infrastructure 
                        and infrastructure-related equipment to support 
                        emergency services.
            ``(11) State highway safety improvement program.--The term 
        `State highway safety improvement program' means a program of 
        highway safety improvement projects, activities, plans and 
        reports carried out as part of the Statewide transportation 
        improvement program under section 135(g).
            ``(12) State strategic highway safety plan.--The term 
        `State strategic highway safety plan' means a comprehensive 
        plan, based on safety data, developed by a State transportation 
        department that--
                    ``(A) is developed after consultation with--
                            ``(i) a highway safety representative of 
                        the Governor of the State;
                            ``(ii) regional transportation planning 
                        organizations and metropolitan planning 
                        organizations, if any;
                            ``(iii) representatives of major modes of 
                        transportation;
                            ``(iv) State and local traffic enforcement 
                        officials;
                            ``(v) a highway-rail grade crossing safety 
                        representative of the Governor of the State;
                            ``(vi) representatives conducting a motor 
                        carrier safety program under section 31102, 
                        31106, or 31309 of title 49;
                            ``(vii) motor vehicle administration 
                        agencies;
                            ``(viii) county transportation officials; 
                        and
                            ``(ix) other major Federal, State, tribal, 
                        and local safety stakeholders;
                    ``(B) analyzes and makes effective use of State, 
                regional, local, or tribal safety data;
                    ``(C) addresses engineering, management, operation, 
                education, enforcement, and emergency services elements 
                (including integrated, interoperable emergency 
                communications) of highway safety as key factors in 
                evaluating highway projects;
                    ``(D) considers safety needs of, and high-fatality 
                segments of, all public roads, including non-State-
                owned public roads and roads on tribal land;
                    ``(E) considers the results of State, regional, or 
                local transportation and highway safety planning 
                processes;
                    ``(F) describes a program of strategies to reduce 
                or eliminate safety hazards;
                    ``(G) is approved by the Governor of the State or a 
                responsible State agency;
                    ``(H) is consistent with section 135(g); and
                    ``(I) is updated and submitted to the Secretary for 
                approval as required under subsection (d)(2).
            ``(13) Systemic safety improvement.--The term `systemic 
        safety improvement' means an improvement that is widely 
        implemented based on high-risk roadway features that are 
        correlated with particular crash types, rather than crash 
        frequency.
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a highway 
        safety improvement program.
            ``(2) Purpose.--The purpose of the highway safety 
        improvement program shall be to achieve a significant reduction 
        in traffic fatalities and serious injuries on all public roads, 
        including non-State-owned public roads and roads on tribal 
        land.
    ``(c) Eligibility.--
            ``(1) In general.--To obligate funds apportioned under 
        section 104(b)(3) to carry out this section, a State shall have 
        in effect a State highway safety improvement program under 
        which the State--
                    ``(A) develops, implements, and updates a State 
                strategic highway safety plan that identifies and 
                analyzes highway safety problems and opportunities as 
                provided in subsections (a)(12) and (d);
                    ``(B) produces a program of projects or strategies 
                to reduce identified safety problems; and
                    ``(C) evaluates the strategic highway safety plan 
                on a regularly recurring basis in accordance with 
                subsection (d)(1) to ensure the accuracy of the data 
                and priority of proposed strategies.
            ``(2) Identification and analysis of highway safety 
        problems and opportunities.--As part of the State highway 
        safety improvement program, a State shall--
                    ``(A) have in place a comprehensive safety data 
                system with the ability to perform safety problem 
                identification and countermeasure analysis--
                            ``(i) to improve the timeliness, accuracy, 
                        completeness, uniformity, integration, and 
                        accessibility of the safety data on all public 
                        roads, including non-State-owned public roads 
                        and roads on tribal land in the State;
                            ``(ii) to evaluate the effectiveness of 
                        data improvement efforts;
                            ``(iii) to link State data systems, 
                        including traffic records, with other data 
                        systems within the State;
                            ``(iv) to improve the compatibility and 
                        interoperability of safety data with other 
                        State transportation-related data systems and 
                        the compatibility and interoperability of State 
                        safety data systems with data systems of other 
                        States and national data systems;
                            ``(v) to enhance the ability of the 
                        Secretary to observe and analyze national 
                        trends in crash occurrences, rates, outcomes, 
                        and circumstances; and
                            ``(vi) to improve the collection of data on 
                        nonmotorized crashes;
                    ``(B) based on the analysis required by 
                subparagraph (A)--
                            ``(i) identify hazardous locations, 
                        sections, and elements (including roadside 
                        obstacles, railway-highway crossing needs, and 
                        unmarked or poorly marked roads) that 
                        constitute a danger to motorists (including 
                        motorcyclists), bicyclists, pedestrians, and 
                        other highway users;
                            ``(ii) using such criteria as the State 
                        determines to be appropriate, establish the 
                        relative severity of those locations, in terms 
                        of crashes, fatalities, serious injuries, 
                        traffic volume levels, and other relevant data;
                            ``(iii) identify the number of fatalities 
                        and serious injuries on all public roads by 
                        location in the State;
                            ``(iv) identify highway safety improvement 
                        projects on the basis of crash experience, 
                        crash potential, or other data-supported means; 
                        and
                            ``(v) consider which projects maximize 
                        opportunities to advance safety;
                    ``(C) adopt strategic and performance-based goals 
                that--
                            ``(i) address traffic safety, including 
                        behavioral and infrastructure problems and 
                        opportunities on all public roads;
                            ``(ii) focus resources on areas of greatest 
                        need; and
                            ``(iii) are coordinated with other State 
                        highway safety programs;
                    ``(D) advance the capabilities of the State for 
                safety data collection, analysis, and integration in a 
                manner that--
                            ``(i) complements the State highway safety 
                        program under chapter 4 and the commercial 
                        vehicle safety plan under section 31102 of 
                        title 49;
                            ``(ii) includes all public roads, including 
                        public non-State-owned roads and roads on 
                        tribal land;
                            ``(iii) identifies hazardous locations, 
                        sections, and elements on all public roads that 
                        constitute a danger to motorists (including 
                        motorcyclists), bicyclists, pedestrians, 
                        persons with disabilities, and other highway 
                        users;
                            ``(iv) includes a means of identifying the 
                        relative severity of hazardous locations 
                        described in clause (iii) in terms of crashes, 
                        serious injuries, fatalities, and traffic 
                        volume levels; and
                            ``(v) improves the ability of the State to 
                        identify the number of fatalities and serious 
                        injuries on all public roads in the State with 
                        a breakdown by functional classification and 
                        ownership in the State;
                    ``(E)(i) determine priorities for the correction of 
                hazardous road locations, sections, and elements 
                (including railway-highway crossing improvements), as 
                identified through safety data analysis;
                    ``(ii) identify opportunities for preventing the 
                development of such hazardous conditions; and
                    ``(iii) establish and implement a schedule of 
                highway safety improvement projects for hazard 
                correction and hazard prevention; and
                    ``(F)(i) establish an evaluation process to analyze 
                and assess results achieved by highway safety 
                improvement projects carried out in accordance with 
                procedures and criteria established by this section; 
                and
                    ``(ii) use the information obtained under clause 
                (i) in setting priorities for highway safety 
                improvement projects.
    ``(d) Updates to Strategic Highway Safety Plans.--
            ``(1) Establishment of requirements.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the MAP-21, the Secretary shall 
                establish requirements for regularly recurring State 
                updates of strategic highway safety plans.
                    ``(B) Contents of updated strategic highway safety 
                plans.--In establishing requirements under this 
                subsection, the Secretary shall ensure that States take 
                into consideration, with respect to updated strategic 
                highway safety plans--
                            ``(i) the findings of road safety audits;
                            ``(ii) the locations of fatalities and 
                        serious injuries;
                            ``(iii) the locations that do not have an 
                        empirical history of fatalities and serious 
                        injuries, but possess risk factors for 
                        potential crashes;
                            ``(iv) rural roads, including all public 
                        roads, commensurate with fatality data;
                            ``(v) motor vehicle crashes that include 
                        fatalities or serious injuries to pedestrians 
                        and bicyclists;
                            ``(vi) the cost-effectiveness of 
                        improvements;
                            ``(vii) improvements to rail-highway grade 
                        crossings; and
                            ``(viii) safety on all public roads, 
                        including non-State-owned public roads and 
                        roads on tribal land.
            ``(2) Approval of updated strategic highway safety plans.--
                    ``(A) In general.--Each State shall--
                            ``(i) update the strategic highway safety 
                        plans of the State in accordance with the 
                        requirements established by the Secretary under 
                        this subsection; and
                            ``(ii) submit the updated plans to the 
                        Secretary, along with a detailed description of 
                        the process used to update the plan.
                    ``(B) Requirements for approval.--The Secretary 
                shall not approve the process for an updated strategic 
                highway safety plan unless--
                            ``(i) the updated strategic highway safety 
                        plan is consistent with the requirements of 
                        this subsection and subsection (a)(12); and
                            ``(ii) the process used is consistent with 
                        the requirements of this subsection.
            ``(3) Penalty for failure to have an approved updated 
        strategic highway safety plan.--If a State does not have an 
        updated strategic highway safety plan with a process approved 
        by the Secretary by August 1 of the fiscal year beginning after 
        the date of establishment of the requirements under paragraph 
        (1)--
                    ``(A) the State shall not be eligible to receive 
                any additional limitation pursuant to the 
                redistribution of the limitation on obligations for 
                Federal-aid highway and highway safety construction 
                programs that occurs after August 1 for each succeeding 
                fiscal year until the fiscal year during which the plan 
                is approved; and
                    ``(B) the Secretary shall, on October 1 of each 
                fiscal year thereafter, transfer from funds apportioned 
                to the State under section 104(b)(2) an amount equal to 
                10 percent of the funds so apportioned for the fiscal 
                year for use under the highway safety improvement 
                program under this section to the apportionment of the 
                State under section 104(b)(3) until the fiscal year in 
                which the plan is approved.
    ``(e) Eligible Projects.--
            ``(1) In general.--Funds apportioned to the State under 
        section 104(b)(3) may be obligated to carry out--
                    ``(A) any highway safety improvement project on any 
                public road or publicly owned bicycle or pedestrian 
                pathway or trail; or
                    ``(B) as provided in subsection (f), other safety 
                projects.
            ``(2) Use of other funding for safety.--
                    ``(A) Effect of section.--Nothing in this section 
                prohibits the use of funds made available under other 
                provisions of this title for highway safety improvement 
                projects.
                    ``(B) Use of other funds.--States are encouraged to 
                address the full scope of the safety needs and 
                opportunities of the States by using funds made 
                available under other provisions of this title (except 
                a provision that specifically prohibits that use).
    ``(f) Flexible Funding for States With a Strategic Highway Safety 
Plan.--
            ``(1) In general.--To further the implementation of a State 
        strategic highway safety plan, a State may use up to 10 percent 
        of the amount of funds apportioned to the State under section 
        104(b)(3) for a fiscal year to carry out safety projects under 
        any other section as provided in the State strategic highway 
        safety plan if the State certifies that--
                    ``(A) the State has met needs in the State relating 
                to railway-highway crossings for the preceding fiscal 
                year; and
                    ``(B) the funds are being used for the most 
                effective projects to make progress toward achieving 
                the safety performance targets of the State.
            ``(2) Other transportation and highway safety plans.--
        Nothing in this subsection requires a State to revise any State 
        process, plan, or program in effect on the date of enactment of 
        the MAP-21.
    ``(g) Data Improvement.--
            ``(1) Definition of data improvement activities.--In this 
        subsection:
                    ``(A) In general.--The term `data improvement 
                activities' means a project or activity to further the 
                capacity of a State to make more informed and effective 
                safety infrastructure investment decisions.
                    ``(B) Inclusions.--The term `data improvement 
                activities' includes a project or activity--
                            ``(i) to create, update, or enhance a 
                        highway basemap of all public roads in a State;
                            ``(ii) to collect safety data, including 
                        data identified as part of the model inventory 
                        of roadway elements, for creation of or use on 
                        a highway basemap of all public roads in a 
                        State;
                            ``(iii) to store and maintain safety data 
                        in an electronic manner;
                            ``(iv) to develop analytical processes for 
                        safety data elements;
                            ``(v) to acquire and implement roadway 
                        safety analysis tools; and
                            ``(vi) to support the collection, 
                        maintenance, and sharing of safety data on all 
                        public roads and related systems associated 
                        with the analytical usage of that data.
            ``(2) Apportionment.--Of the funds apportioned to a State 
        under section 104(b)(3) for a fiscal year--
                    ``(A) not less than 8 percent of the funds 
                apportioned for each of fiscal years 2012 through 2013 
                shall be available only for data improvement activities 
                under this subsection; and
                    ``(B) not less than 4 percent of the funds 
                apportioned for fiscal year 2014 and each fiscal year 
                thereafter shall be available only for data improvement 
                activities under this subsection.
            ``(3) Special rule.--A State may use funds apportioned to 
        the State pursuant to this subsection for any project eligible 
        under this section if the State demonstrates to the 
        satisfaction of the Secretary that the State has met all of the 
        State needs for data collection to support the State strategic 
        highway safety plan and sufficiently addressed the data 
        improvement activities described in paragraph (1).
            ``(4) Model inventory of roadway elements.--The Secretary 
        shall--
                    ``(A) establish a subset of the model inventory of 
                roadway elements that are useful for the inventory of 
                roadway safety; and
                    ``(B) ensure that States adopt and use the subset 
                to improve data collection.
    ``(h) Performance Measures and Targets for State Highway Safety 
Improvement Programs.--
            ``(1) Establishment of performance measures.--Not later 
        than 1 year after the date of enactment of the MAP-21, the 
        Secretary shall issue guidance to States on the establishment, 
        collection, and reporting of performance measures that 
        reflect--
                    ``(A) serious injuries and fatalities per vehicle 
                mile traveled;
                    ``(B) serious injuries and fatalities per capita; 
                and
                    ``(C) the number of serious injuries and fatalities
            ``(2) Establishment of state performance targets.--Not 
        later than 1 year after the Secretary has issued guidance to 
        States on the establishment, collection, and reporting of 
        performance measures, each State shall set performance targets 
        that reflect--
                    ``(A) serious injuries and fatalities per vehicle 
                mile traveled;
                    ``(B) serious injuries and fatalities per capita; 
                and
                    ``(C) the number of serious injuries and 
                fatalities.
    ``(i) Special Rules.--
            ``(1) High-risk rural road safety.--If the fatality rate on 
        rural roads in a State increases over the most recent 2-year 
        period for which data are available, that State shall be 
        required to obligate in the next fiscal year on high risk rural 
        roads an amount equal to at least 200 percent of the amount of 
        funds the State received for fiscal year 2009 for high risk 
        rural roads under subsection (f) of this section, as in effect 
        on the day before the date of enactment of the MAP-21.
            ``(2) Rail-highway grade crossings.--If the fatality rate 
        at highway grade crossings in a State increases over the most 
        recent 2-year period for which data are available, that State 
        shall be required to obligate in the next fiscal year on rail-
        highway grade crossings an amount equal to 120 percent of the 
        amount of funds the State received for fiscal year 2009 for 
        rail-highway grade crossings under section 130(f) (as in effect 
        on the day before the date of enactment of the MAP-21).
    ``(j) Reports.--
            ``(1) In general.--A State shall submit to the Secretary a 
        report that--
                    ``(A) describes the progress being made to achieve 
                the performance targets established under subsection 
                (h);
                    ``(B) describes progress being made to implement 
                highway safety improvement projects under this section;
                    ``(C) assesses the effectiveness of those 
                improvements; and
                    ``(D) describes the extent to which the 
                improvements funded under this section have contributed 
                to reducing--
                            ``(i) the number and rate of fatalities on 
                        all public roads with, to the maximum extent 
                        practicable, a breakdown by functional 
                        classification and ownership in the State;
                            ``(ii) the number and rate of serious 
                        injuries on all public roads with, to the 
                        maximum extent practicable, a breakdown by 
                        functional classification and ownership in the 
                        State; and
                            ``(iii) the occurrences of fatalities and 
                        serious injuries at railway-highway crossings.
            ``(2) Contents; schedule.--The Secretary shall establish 
        the content and schedule for the submission of the report under 
        paragraph (1).
            ``(3) Transparency.--The Secretary shall make strategic 
        highway safety plans submitted under subsection (d) and reports 
        submitted under this subsection available to the public 
        through--
                    ``(A) the website of the Department; and
                    ``(B) such other means as the Secretary determines 
                to be appropriate.
            ``(4) Discovery and admission into evidence of certain 
        reports, surveys, and information.--Notwithstanding any other 
        provision of law, reports, surveys, schedules, lists, or data 
        compiled or collected for any purpose relating to this section, 
        shall not be subject to discovery or admitted into evidence in 
        a Federal or State court proceeding or considered for other 
        purposes in any action for damages arising from any occurrence 
        at a location identified or addressed in the reports, surveys, 
        schedules, lists, or other data.
    ``(k) State Performance Targets.--If the Secretary determines that 
a State has not met or made significant progress toward meeting the 
performance targets of the State established under subsection (h) by 
the date that is 2 years after the date of the establishment of the 
performance targets, the State shall--
            ``(1) use obligation authority equal to the apportionment 
        of the State for the prior year under section 104(b)(3) only 
        for highway safety improvement projects under this section 
        until the Secretary determines that the State has met or made 
        significant progress toward meeting the performance targets of 
        the State; and
            ``(2) submit annually to the Secretary, until the Secretary 
        determines that the State has met or made significant progress 
        toward meeting the performance targets of the State, an 
        implementation plan that--
                    ``(A) identifies roadway features that constitute a 
                hazard to road users;
                    ``(B) identifies highway safety improvement 
                projects on the basis of crash experience, crash 
                potential, or other data-supported means;
                    ``(C) describes how highway safety improvement 
                program funds will be allocated, including projects, 
                activities, and strategies to be implemented;
                    ``(D) describes how the proposed projects, 
                activities, and strategies funded under the State 
                highway safety improvement program will allow the State 
                to make progress toward achieving the safety 
                performance targets of the State; and
                    ``(E) describes the actions the State will 
                undertake to meet the performance targets of the State.
    ``(l) Federal Share of Highway Safety Improvement Projects.--Except 
as provided in sections 120 and 130, the Federal share of the cost of a 
highway safety improvement project carried out with funds apportioned 
to a State under section 104(b)(3) shall be 90 percent.''.

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

    Section 149 of title 23, United States Code, is amended to read as 
follows:
``Sec. 149. Congestion mitigation and air quality improvement program
    ``(a) Establishment.--The Secretary shall establish and implement a 
congestion mitigation and air quality improvement program in accordance 
with this section.
    ``(b) Eligible Projects.--
            ``(1) In general.--Except as provided in subsection (c), a 
        State may obligate funds apportioned to the State for the 
        congestion mitigation and air quality improvement program under 
        section 104(b)(4) that are not reserved under subsection (l) 
        only for a transportation project or program if the project or 
        program is for an area in the State that is or was designated 
        as a nonattainment area for ozone, carbon monoxide, or 
        particulate matter under section 107(d) of the Clean Air Act 
        (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 
        186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C. 
        7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated 
        as a nonattainment area under section 107(d) of that Act after 
        December 31, 1997, or is required to prepare, and file with the 
        Administrator of the Environmental Protection Agency, 
        maintenance plans under the Clean Air Act (42 U.S.C. 7401 et 
        seq.); and
                    ``(A)(i)(I) if the Secretary, after consultation 
                with the Administrator determines, on the basis of 
                information published by the Environmental Protection 
                Agency pursuant to subparagraph (A) of section 
                108(f)(1) of the Clean Air Act (other than clause (xvi) 
                of that subparagraph) (42 U.S.C. 7408(f)(1)) that the 
                project or program is likely to contribute to--
                            ``(aa) the attainment of a national ambient 
                        air quality standard; or
                            ``(bb) the maintenance of a national 
                        ambient air quality standard in a maintenance 
                        area; and
                    ``(II) there exists a high level of effectiveness 
                in reducing air pollution, in cases of projects or 
                programs where sufficient information is available in 
                the database established pursuant to subsection (h) to 
                determine the relative effectiveness of such projects 
                or programs; or
                    ``(ii) in any case in which such information is not 
                available, if the Secretary, after such consultation, 
                determines that the project or program is part of a 
                program, method, or strategy described in such section 
                108(f)(1)(A);
                    ``(B) if the project or program is included in a 
                State implementation plan that has been approved 
                pursuant to the Clean Air Act and the project will have 
                air quality benefits;
                    ``(C) to establish or operate a traffic monitoring, 
                management, and control facility or program, including 
                advanced truck stop electrification systems, if the 
                Secretary, after consultation with the Administrator, 
                determines that the facility or program is likely to 
                contribute to the attainment of a national ambient air 
                quality standard;
                    ``(D) if the program or project improves traffic 
                flow, including projects to improve signalization, 
                construct high-occupancy vehicle lanes, improve 
                intersections, add turning lanes, improve 
                transportation systems management and operations that 
                mitigate congestion and improve air quality, and 
                implement intelligent transportation system strategies 
                and such other projects that are eligible for 
                assistance under this section on the day before the 
                date of enactment of the MAP-21, including programs or 
                projects to improve incident and emergency response or 
                improve mobility, such as through real-time traffic, 
                transit, and multimodal traveler information;
                    ``(E) if the project or program involves the 
                purchase of integrated, interoperable emergency 
                communications equipment;
                    ``(F) if the project or program is for--
                            ``(i) the purchase of diesel retrofits that 
                        are--
                                    ``(I) for motor vehicles (as 
                                defined in section 216 of the Clean Air 
                                Act (42 U.S.C. 7550)); or
                                    ``(II) verified or certified 
                                technologies included in the list 
                                published pursuant to subsection 
                                (f)(2), as in effect on the day before 
                                the date of enactment of the MAP-21, 
                                for nonroad vehicles and nonroad 
                                engines (as defined in section 216 of 
                                the Clean Air Act (42 U.S.C. 7550)) 
                                that are used in construction projects 
                                that are--
                                            ``(aa) located in 
                                        nonattainment or maintenance 
                                        areas for ozone, 
                                        PM<INF>10</INF>, or 
                                        PM<INF>2.5</INF> (as defined 
                                        under the Clean Air Act (42 
                                        U.S.C. 7401 et seq.)); and
                                            ``(bb) funded, in whole or 
                                        in part, under this title; or
                            ``(ii) the conduct of outreach activities 
                        that are designed to provide information and 
                        technical assistance to the owners and 
                        operators of diesel equipment and vehicles 
                        regarding the purchase and installation of 
                        diesel retrofits;
                    ``(G) if the project or program shifts traffic 
                demand to nonpeak hours or other transportation modes, 
                increases vehicle occupancy rates, or otherwise reduces 
                demand for roads through such means as telecommuting, 
                ridesharing, carsharing, alternative work hours, and 
                pricing; or
                    ``(H) if the Secretary, after consultation with the 
                Administrator, determines that the project or program 
                is likely to contribute to the attainment of a national 
                ambient air quality standard, whether through 
                reductions in vehicle miles traveled, fuel consumption, 
                or through other factors.
            ``(2) Limitations.--Funds apportioned to a State under 
        section 104(b)(4) and not reserved under subsection (l) may not 
        be obligated for a project that will result in the construction 
        of new capacity available to single-occupant vehicles unless 
        the project consists of a high-occupancy vehicle facility 
        available to single-occupant vehicles only at other than peak 
        travel times or such use by single-occupant vehicles at peak 
        travel times is subject to a toll.
    ``(c) States Flexibility.--
            ``(1) States without a nonattainment area.--If a State does 
        not have, and never has had, a nonattainment area designated 
        under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone, 
        carbon monoxide, or PM<INF>2.5</INF>, the State may use funds 
        apportioned to the State under section 104(b)(4) (excluding the 
        amount of funds reserved under subsection (l)) for any project 
        in the State that--
                    ``(A) would otherwise be eligible under subsection 
                (b) as if the project were carried out in a 
                nonattainment or maintenance area; or
                    ``(B) is eligible under the transportation mobility 
                program under section 133.
            ``(2) States with a nonattainment area.--
                    ``(A) In general.--If a State has a nonattainment 
                area or maintenance area and received funds in fiscal 
                year 2009 under section 104(b)(2)(D), as in effect on 
                the day before the date of enactment of the MAP-21, 
                above the amount of funds that the State would have 
                received based on the nonattainment and maintenance 
                area population of the State under subparagraphs (B) 
                and (C) of section 104(b)(2), as in effect on the day 
                before the date of enactment of the MAP-21, the State 
                may use for any project that is eligible under the 
                transportation mobility program under section 133 an 
                amount of funds apportioned to such State under section 
                104(b)(4) (excluding the amount of funds reserved under 
                subsection (l)) that is equal to the product obtained 
                by multiplying--
                            ``(i) the apportioned amount to such State 
                        under section 104(b)(4) (excluding the amount 
                        of funds reserved under subsection (l)); by
                            ``(ii) the ratio calculated under paragraph 
                        (B).
                    ``(B) Ratio.--For purposes of this paragraph, the 
                ratio shall be calculated as--
                            ``(i) the amount for fiscal year 2009 such 
                        State was permitted by section 149(c)(2), as in 
                        effect on the day before the date of enactment 
                        of the MAP-21, to obligate in any area of the 
                        State for projects eligible under section 133, 
                        as in effect on the day before the date of 
                        enactment of the MAP-21; bears to
                            ``(ii) the total apportionment to such 
                        State for fiscal year 2009 under section 
                        104(b)(2), as in effect on the day before the 
                        date of enactment of the MAP-21.
            ``(3) Changes in designation.--If a new nonattainment area 
        is designated or a previously designated nonattainment area is 
        redesignated as an attainment area in a State under the Clean 
        Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify 
        the amount such State is permitted to obligate in any area of 
        the State for projects eligible under section 133.
    ``(d) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with the requirements of sections 134 and 135.
    ``(e) Partnerships With Nongovernmental Entities.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title and in accordance with this subsection, a 
        metropolitan planning organization, State transportation 
        department, or other project sponsor may enter into an 
        agreement with any public, private, or nonprofit entity to 
        cooperatively implement any project carried out with funds 
        apportioned under section 104(b)(4).
            ``(2) Forms of participation by entities.--Participation by 
        an entity under paragraph (1) may consist of--
                    ``(A) ownership or operation of any land, facility, 
                vehicle, or other physical asset associated with the 
                project;
                    ``(B) cost sharing of any project expense;
                    ``(C) carrying out of administration, construction 
                management, project management, project operation, or 
                any other management or operational duty associated 
                with the project; and
                    ``(D) any other form of participation approved by 
                the Secretary.
            ``(3) Allocation to entities.--A State may allocate funds 
        apportioned under section 104(b)(4) to an entity described in 
        paragraph (1).
            ``(4) Alternative fuel projects.--In the case of a project 
        that will provide for the use of alternative fuels by privately 
        owned vehicles or vehicle fleets, activities eligible for 
        funding under this subsection--
                    ``(A) may include the costs of vehicle refueling 
                infrastructure, including infrastructure that would 
                support the development, production, and use of 
                emerging technologies that reduce emissions of air 
                pollutants from motor vehicles, and other capital 
                investments associated with the project;
                    ``(B) shall include only the incremental cost of an 
                alternative fueled vehicle, as compared to a 
                conventionally fueled vehicle, that would otherwise be 
                borne by a private party; and
                    ``(C) shall apply other governmental financial 
                purchase contributions in the calculation of net 
                incremental cost.
            ``(5) Prohibition on federal participation with respect to 
        required activities.--A Federal participation payment under 
        this subsection may not be made to an entity to fund an 
        obligation imposed under the Clean Air Act (42 U.S.C. 7401 et 
        seq.) or any other Federal law.
    ``(f) Priority Consideration.--States and metropolitan planning 
organizations shall give priority in areas designated as nonattainment 
or maintenance for PM<INF>2.5</INF> under the Clean Air Act (42 U.S.C. 
7401 et seq.) in distributing funds received for congestion mitigation 
and air quality projects and programs from apportionments under section 
104(b)(4) not required to be reserved under subsection (l) to projects 
that are proven to reduce PM<INF>2.5</INF>, including diesel retrofits.
    ``(g) Interagency Consultation.--The Secretary shall encourage 
States and metropolitan planning organizations to consult with State 
and local air quality agencies in nonattainment and maintenance areas 
on the estimated emission reductions from proposed congestion 
mitigation and air quality improvement programs and projects.
    ``(h) Evaluation and Assessment of Projects.--
            ``(1) Database.--
                    ``(A) In general.--Using appropriate assessments of 
                projects funded under the congestion mitigation and air 
                quality program and results from other research, the 
                Secretary shall maintain and disseminate a cumulative 
                database describing the impacts of the projects, 
                including specific information about each project, such 
                as the project name, location, sponsor, cost, and, to 
                the extent already measured by the project sponsor, 
                cost-effectiveness, based on reductions in congestion 
                and emissions.
                    ``(B) Availability.--The database shall be 
                published or otherwise made readily available by the 
                Secretary in electronically accessible format and 
                means, such as the Internet, for public review.
            ``(2) Cost effectiveness.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Administrator of the Environmental Protection 
                Agency, shall evaluate projects on a periodic basis and 
                develop a table or other similar medium that 
                illustrates the cost-effectiveness of a range of 
                project types eligible for funding under this section 
                as to how the projects mitigate congestion and improve 
                air quality.
                    ``(B) Contents.--The table described in 
                subparagraph (A) shall show measures of cost-
                effectiveness, such as dollars per ton of emissions 
                reduced, and assess those measures over a variety of 
                timeframes to capture impacts on the planning 
                timeframes outlined in section 134.
                    ``(C) Use of table.--States and metropolitan 
                planning organizations shall consider the information 
                in the table when selecting projects or developing 
                performance plans under subsection (k).
    ``(i) Optional Programmatic Eligibility.--
            ``(1) In general.--At the discretion of a metropolitan 
        planning organization, a technical assessment of a selected 
        program of projects may be conducted through modeling or other 
        means to demonstrate the emissions reduction projection 
        required under this section.
            ``(2) Applicability.--If an assessment described in 
        paragraph (1) successfully demonstrates an emissions reduction, 
        all projects included in such assessment shall be eligible for 
        obligation under this section without further demonstration of 
        emissions reduction of individual projects included in such 
        assessment.
    ``(j) Suballocation to Nonattainment and Maintenance Areas.--
            ``(1) In general.--An amount equal to 50 percent of the 
        amount of funds apportioned to each State under section 
        104(b)(4) (excluding the amount of funds reserved under 
        subsection (l)) shall be suballocated for projects within each 
        area designated as nonattainment or maintenance for the 
        pollutants described in subsection (b).
            ``(2) Distribution of funds.--The distribution within any 
        State of funds required to be suballocated under paragraph (1) 
        to each nonattainment or maintenance area shall be in 
        accordance with a formula developed by each State and approved 
        by the Secretary, which shall consider the population of each 
        such nonattainment or maintenance area and shall be weighted by 
        the severity of pollution in the manner described in paragraph 
        (6).
            ``(3) Project selection.--Projects under this subsection 
        shall be selected by a State and shall be consistent with the 
        requirements of sections 134 and 135.
            ``(4) Priority for use of suballocated funds in 
        pm<INF>2.5</INF> areas.--
                    ``(A) In general.--An amount equal to 50 percent of 
                the funds suballocated under paragraph (1) for a 
                nonattainment or maintenance area that are based all or 
                in part on the weighted population of such area in fine 
                particulate matter nonattainment shall be obligated to 
                projects that reduce such fine particulate matter 
                emissions in such area, including diesel retrofits.
                    ``(B) Construction equipment.--An amount equal to 
                30 percent of the funds required to be set aside under 
                subparagraph (A) shall be obligated to carry out the 
                objectives of section 330.
                    ``(C) Obligation process.--Each State or 
                metropolitan planning organization required to obligate 
                funds in accordance with this paragraph shall develop a 
                process to provide funding directly to eligible 
                entities (as defined under section 330) in order to 
                achieve the objectives of such section.
            ``(5) Funds not suballocated.--Except as provided in 
        subsection (c), funds apportioned to a State under section 
        104(b)(4) (excluding the amount of funds reserved under 
        subsection (l)) and not suballocated under paragraph (1) shall 
        be made available to such State for programming in any 
        nonattainment or maintenance area in the State.
            ``(6) Factors for calculation of suballocation.--
                    ``(A) In general.--For the purposes of paragraph 
                (2), each State shall weight the population of each 
                such nonattainment or maintenance area by a factor of--
                            ``(i) 1.0 if, at the time of the 
                        apportionment, the area is a maintenance area 
                        for ozone or carbon monoxide;
                            ``(ii) 1.0 if, at the time of the 
                        apportionment, the area is classified as a 
                        marginal ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(iii) 1.1 if, at the time of the 
                        apportionment, the area is classified as a 
                        moderate ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(iv) 1.2 if, at the time of the 
                        apportionment, the area is classified as a 
                        serious ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(v) 1.3 if, at the time of the 
                        apportionment, the area is classified as a 
                        severe ozone nonattainment area under subpart 2 
                        of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(vi) 1.5 if, at the time of the 
                        apportionment, the area is classified as an 
                        extreme ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(vii) 1.0 if, at the time of the 
                        apportionment, the area is not a nonattainment 
                        or maintenance area for ozone as described in 
                        section 149(b), but is designated under section 
                        107 of the Clean Air Act (42 U.S.C. 7407) as a 
                        nonattainment area for carbon monoxide;
                            ``(viii) 1.0 if, at the time of the 
                        apportionment, the area is designated as 
                        nonattainment for ozone under section 107 of 
                        the Clean Air Act (42 U.S.C. 7407); or
                            ``(ix) 1.2 if, at the time of the 
                        apportionment, the area is not a nonattainment 
                        or maintenance area as described in section 
                        149(b) for ozone, but is designated as a 
                        nonattainment or maintenance area for fine 
                        particulate matter, 2.5 micrometers or less, 
                        under section 107 of the Clean Air Act (42 
                        U.S.C. 7407).
                    ``(B) Other factors.--If, in addition to being 
                designated as a nonattainment or maintenance area for 
                ozone as described in section 149(b), any county within 
                the area was also designated under section 107 of the 
                Clean Air Act (42 U.S.C. 7407) as a nonattainment or 
                maintenance area for carbon monoxide, or was designated 
                under section 107 of the Clean Air Act (42 U.S.C. 7407) 
                as a nonattainment or maintenance area for particulate 
                matter, 2.5 micrometers or less, or both, the weighted 
                nonattainment or maintenance area population of the 
                county, as determined under clauses (i) through (vi), 
                or clause (viii), of subparagraph (A), shall be further 
                multiplied by a factor of 1.2, or a second further 
                factor of 1.2 if the area is designated as a 
                nonattainment or maintenance area for both carbon 
                monoxide and particulate matter, 2.5 micrometers or 
                less.
            ``(7) Exceptions for certain states.--
                    ``(A) A State without a nonattainment or 
                maintenance area shall not be subject to the 
                requirements of this subsection.
                    ``(B) The amount of funds required to be set aside 
                under paragraph (1) in a State that received a minimum 
                apportionment for fiscal year 2009 under section 
                104(b)(2)(D), as in effect on the day before the date 
                of enactment of the MAP-21, shall be based on the 
                amount of funds such State would otherwise have been 
                apportioned under section 104(b)(4) (excluding the 
                amount of funds reserved under subsection (l)) but for 
                the minimum apportionment in fiscal year 2009.
    ``(k) Performance Plan.--
            ``(1) In general.--Each tier I metropolitan planning 
        organization (as defined in section 134) representing a 
        nonattainment or maintenance area shall develop a performance 
        plan that--
                    ``(A) includes an area baseline level for traffic 
                congestion and on-road mobile source emissions for 
                which the area is in nonattainment or maintenance;
                    ``(B) identifies air quality and traffic congestion 
                reduction target levels based on measures established 
                by the Secretary; and
                    ``(C) includes a description of projects identified 
                for funding under this section and a description of how 
                such projects will contribute to achieving emission and 
                traffic congestion reduction targets.
            ``(2) Updated plans.--
                    ``(A) In general.--Performance plans shall be 
                updated on the schedule required under paragraph (3).
                    ``(B) Contents.--An updated plan shall include a 
                separate report that assesses the progress of the 
                program of projects under the previous plan in 
                achieving the air quality and traffic congestion 
                targets of the previous plan.
            ``(3) Rulemaking.--Not later than 18 months after the date 
        of enactment of the MAP-21, the Secretary shall promulgate 
        regulations to implement this subsection that identify 
        performance measures for traffic congestion and on-road mobile 
        source emissions, timelines for performance plans, and 
        requirements under this section for assessing the 
        implementation of projects carried out under this section.
    ``(l) Additional Activities.--
            ``(1) Reservation of funds.--Of the funds apportioned to a 
        State under section 104(b)(4), a State shall reserve the amount 
        of funds attributable to the inclusion of the 10 percent of 
        surface transportation program funds apportioned to such State 
        for fiscal year 2009 in the formula under section 104(b)(4) for 
        projects under this subsection.
            ``(2) Eligible projects.--A State may obligate the funds 
        reserved under this subsection for any of the following 
        projects or activities:
                    ``(A) Transportation enhancements, as defined in 
                section 101.
                    ``(B) The recreational trails program under section 
                206.
                    ``(C) The safe routes to school program under 
                section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 
                Public Law 109-59).
                    ``(D) Planning, designing, or constructing 
                boulevards, main streets, and other roadways, 
                including--
                            ``(i) redesign of an underused highway, 
                        particularly a highway that is no longer a 
                        principal route after construction of a bypass 
                        or Interstate System route, into a boulevard or 
                        main street that includes multiple forms of 
                        transportation;
                            ``(ii) new street construction that 
                        enhances multimodal connectivity and includes 
                        public transportation, pedestrian walkways, or 
                        bicycle infrastructure;
                            ``(iii) redesign of a street to enhance 
                        connectivity and increase the efficiency of 
                        network performance that includes public 
                        transportation, pedestrian walkways, or bicycle 
                        infrastructure;
                            ``(iv) redesign of a highway to support 
                        public transportation, including transit-only 
                        lanes and priority signalization for transit; 
                        or
                            ``(v) construction of high-occupancy 
                        vehicle lanes and congestion reduction 
                        activities that increase the efficiency of the 
                        existing road network.
                    ``(E) Providing transportation choices, including--
                            ``(i) on-road and off-road trail facilities 
                        for pedestrians, bicyclists, and other 
                        nonmotorized forms of transportation, including 
                        sidewalks, bicycle infrastructure, pedestrian 
                        and bicycle signals, traffic calming 
                        techniques, lighting, and other safety-related 
                        infrastructure, and transportation projects to 
                        achieve compliance with the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12101 et 
                        seq.);
                            ``(ii) the planning, design, and 
                        construction of infrastructure-related projects 
                        and systems that will provide safe routes for 
                        nondrivers, including children, older adults, 
                        and individuals with disabilities, to access 
                        daily needs;
                            ``(iii) activities for safety and education 
                        for pedestrians and bicyclists and to encourage 
                        walking and bicycling, including efforts to 
                        encourage walking and bicycling to school and 
                        community centers;
                            ``(iv) conversion and use of abandoned 
                        railroad corridors for trails for pedestrians, 
                        bicyclists, or other nonmotorized 
                        transportation users; and
                            ``(v) carpool, vanpool, and car share 
                        projects.
            ``(3) Flexibility of excess reserved funding.--Beginning in 
        the second fiscal year after the date of enactment of the MAP-
        21, if on August 1 of that fiscal year the unobligated balance 
        of available funds apportioned to a State under section 
        104(b)(4) and reserved by a State under this subsection exceeds 
        150 percent of such reserved amount in such fiscal year, the 
        State may thereafter obligate the amount of excess funds for 
        any activity--
                    ``(A) that is eligible to receive funding under 
                this subsection; or
                    ``(B) for which the Secretary has approved the 
                obligation of funds for any State under this section.
            ``(4) Treatment of projects.--Notwithstanding any other 
        provision of law, projects funded under this subsection shall 
        be treated as projects on a Federal-aid system under this 
        chapter.''.

SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

    (a) In General.--Section 165 of title 23, United States Code, is 
amended to read as follows:
``Sec. 165. Territorial and Puerto Rico highway program
    ``(a) Division of Funds.--Of funds made available in a fiscal year 
for the territorial and Puerto Rico highway program--
            ``(1) 75 percent shall be for the Puerto Rico highway 
        program under subsection (b); and
            ``(2) 25 percent shall be for the territorial highway 
        program under subsection (c).
    ``(b) Puerto Rico Highway Program.--
            ``(1) In general.--The Secretary shall allocate funds made 
        available to carry out this subsection to the Commonwealth of 
        Puerto Rico to carry out a highway program in the Commonwealth.
            ``(2) Treatment of funds.--Amounts made available to carry 
        out this subsection for a fiscal year shall be administered as 
        follows:
                    ``(A) Apportionment.--
                            ``(i) In general.--For the purpose of 
                        imposing any penalty under this title or title 
                        49, the amounts shall be treated as being 
                        apportioned to Puerto Rico under sections 
                        104(b) and 144 (as in effect for fiscal year 
                        1997) for each program funded under those 
                        sections in an amount determined by 
                        multiplying--
                                    ``(I) the aggregate of the amounts 
                                for the fiscal year; by
                                    ``(II) the proportion that--
                                            ``(aa) the amount of funds 
                                        apportioned to Puerto Rico for 
                                        each such program for fiscal 
                                        year 1997; bears to
                                            ``(bb) the total amount of 
                                        funds apportioned to Puerto 
                                        Rico for all such programs for 
                                        fiscal year 1997.
                            ``(ii) Exception.--Funds identified under 
                        clause (i) as having been apportioned for the 
                        national highway system, the surface 
                        transportation program, and the Interstate 
                        maintenance program shall be deemed to have 
                        been apportioned 50 percent for the national 
                        highway performance program and 50 percent the 
                        transportation mobility program for purposes of 
                        imposing such penalties.
                    ``(B) Penalty.--The amounts treated as being 
                apportioned to Puerto Rico under each section referred 
                to in subparagraph (A) shall be deemed to be required 
                to be apportioned to Puerto Rico under that section for 
                purposes of the imposition of any penalty under this 
                title or title 49.
                    ``(C) Eligible uses of funds.--Of amounts allocated 
                to Puerto Rico for the Puerto Rico Highway Program for 
                a fiscal year--
                            ``(i) at least 50 percent shall be 
                        available only for purposes eligible under 
                        section 119;
                            ``(ii) at least 25 percent shall be 
                        available only for purposes eligible under 
                        section 148; and
                            ``(iii) any remaining funds may be 
                        obligated for activities eligible under chapter 
                        1.
            ``(3) Effect on apportionments.--Except as otherwise 
        specifically provided, Puerto Rico shall not be eligible to 
        receive funds apportioned to States under this title.
    ``(c) Territorial Highway Program.--
            ``(1) Territory defined.--In this subsection, the term 
        `territory' means any of the following territories of the 
        United States:
                    ``(A) American Samoa.
                    ``(B) The Commonwealth of the Northern Mariana 
                Islands.
                    ``(C) Guam.
                    ``(D) The United States Virgin Islands.
            ``(2) Program.--
                    ``(A) In general.--Recognizing the mutual benefits 
                that will accrue to the territories and the United 
                States from the improvement of highways in the 
                territories, the Secretary may carry out a program to 
                assist each government of a territory in the 
                construction and improvement of a system of arterial 
                and collector highways, and necessary inter-island 
                connectors, that is--
                            ``(i) designated by the Governor or chief 
                        executive officer of each territory; and
                            ``(ii) approved by the Secretary.
                    ``(B) Federal share.--The Federal share of Federal 
                financial assistance provided to territories under this 
                subsection shall be in accordance with section 120(g).
            ``(3) Technical assistance.--
                    ``(A) In general.--To continue a long-range highway 
                development program, the Secretary may provide 
                technical assistance to the governments of the 
                territories to enable the territories, on a continuing 
                basis--
                            ``(i) to engage in highway planning;
                            ``(ii) to conduct environmental 
                        evaluations;
                            ``(iii) to administer right-of-way 
                        acquisition and relocation assistance programs; 
                        and
                            ``(iv) to design, construct, operate, and 
                        maintain a system of arterial and collector 
                        highways, including necessary inter-island 
                        connectors.
                    ``(B) Form and terms of assistance.--Technical 
                assistance provided under subparagraph (A), and the 
                terms for the sharing of information among territories 
                receiving the technical assistance, shall be included 
                in the agreement required by paragraph (5).
            ``(4) Nonapplicability of certain provisions.--
                    ``(A) In general.--Except to the extent that 
                provisions of this chapter are determined by the 
                Secretary to be inconsistent with the needs of the 
                territories and the intent of this subsection, this 
                chapter (other than provisions of this chapter relating 
                to the apportionment and allocation of funds) shall 
                apply to funds made available under this subsection.
                    ``(B) Applicable provisions.--The agreement 
                required by paragraph (5) for each territory shall 
                identify the sections of this chapter that are 
                applicable to that territory and the extent of the 
                applicability of those sections.
            ``(5) Agreement.--
                    ``(A) In general.--Except as provided in 
                subparagraph (D), none of the funds made available 
                under this subsection shall be available for obligation 
                or expenditure with respect to any territory until the 
                chief executive officer of the territory has entered 
                into an agreement (including an agreement entered into 
                under section 215 as in effect on the day before the 
                enactment of this section) with the Secretary providing 
                that the government of the territory shall--
                            ``(i) implement the program in accordance 
                        with applicable provisions of this chapter and 
                        paragraph (4);
                            ``(ii) design and construct a system of 
                        arterial and collector highways, including 
                        necessary inter-island connectors, in 
                        accordance with standards that are--
                                    ``(I) appropriate for each 
                                territory; and
                                    ``(II) approved by the Secretary;
                            ``(iii) provide for the maintenance of 
                        facilities constructed or operated under this 
                        subsection in a condition to adequately serve 
                        the needs of present and future traffic; and
                            ``(iv) implement standards for traffic 
                        operations and uniform traffic control devices 
                        that are approved by the Secretary.
                    ``(B) Technical assistance.--The agreement required 
                by subparagraph (A) shall--
                            ``(i) specify the kind of technical 
                        assistance to be provided under the program;
                            ``(ii) include appropriate provisions 
                        regarding information sharing among the 
                        territories; and
                            ``(iii) delineate the oversight role and 
                        responsibilities of the territories and the 
                        Secretary.
                    ``(C) Review and revision of agreement.--The 
                agreement entered into under subparagraph (A) shall be 
                reevaluated and, as necessary, revised, at least every 
                2 years.
                    ``(D) Existing agreements.--With respect to an 
                agreement under this subsection or an agreement entered 
                into under section 215 of this title as in effect on 
                the day before the date of enactment of this 
                subsection--
                            ``(i) the agreement shall continue in force 
                        until replaced by an agreement entered into in 
                        accordance with subparagraph (A); and
                            ``(ii) amounts made available under this 
                        subsection under the existing agreement shall 
                        be available for obligation or expenditure so 
                        long as the agreement, or the existing 
                        agreement entered into under subparagraph (A), 
                        is in effect.
            ``(6) Eligible uses of funds.--
                    ``(A) In general.--Funds made available under this 
                subsection may be used only for the following projects 
                and activities carried out in a territory:
                            ``(i) Eligible transportation mobility 
                        program projects described in section 133(c).
                            ``(ii) Cost-effective, preventive 
                        maintenance consistent with section 116(d).
                            ``(iii) Ferry boats, terminal facilities, 
                        and approaches, in accordance with subsections 
                        (b) and (c) of section 129.
                            ``(iv) Engineering and economic surveys and 
                        investigations for the planning, and the 
                        financing, of future highway programs.
                            ``(v) Studies of the economy, safety, and 
                        convenience of highway use.
                            ``(vi) The regulation and equitable 
                        taxation of highway use.
                            ``(vii) Such research and development as 
                        are necessary in connection with the planning, 
                        design, and maintenance of the highway system.
                    ``(B) Prohibition on use of funds for routine 
                maintenance.--None of the funds made available under 
                this subsection shall be obligated or expended for 
                routine maintenance.
            ``(7) Location of projects.--Territorial highway program 
        projects (other than those described in paragraphs (2), (4), 
        (7), (8), (14), and (19) of section 133(c)) may not be 
        undertaken on roads functionally classified as local.''.
    (b) Conforming Amendments.--
            (1) Clerical amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by striking the item 
        relating to section 165 and inserting the following:

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

SEC. 1115. NATIONAL FREIGHT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 167. National freight program
    ``(a) National Freight Program.--It is the policy of the United 
States to improve the condition and performance of the national freight 
network to ensure that the national freight network provides the 
foundation for the United States to compete in the global economy and 
achieve each goal described in subsection (b).
    ``(b) Goals.--The goals of the national freight program are--
            ``(1) to invest in infrastructure improvements and to 
        implement operational improvements that--
                    ``(A) strengthen the contribution of the national 
                freight network to the economic competitiveness of the 
                United States;
                    ``(B) reduce congestion; and
                    ``(C) increase productivity, particularly for 
                domestic industries and businesses that create high-
                value jobs;
            ``(2) to reduce the environmental impacts of freight 
        movement on the national freight network;
            ``(3) to improve the safety, security, and resilience of 
        freight transportation;
            ``(4) to improve the state of good repair of the national 
        freight network;
            ``(5) to use advanced technology to improve the safety and 
        efficiency of the national freight network;
            ``(6) to incorporate concepts of performance, innovation, 
        competition, and accountability into the operation and 
        maintenance of the national freight network; and
            ``(7) to improve the economic efficiency of the national 
        freight network.
    ``(c) Establishment of Program.--
            ``(1) In general.--The Secretary shall establish and 
        implement a national freight program in accordance with this 
        section to strategically direct Federal resources toward 
        improved system performance for efficient movement of freight 
        on highways, including national highway system freight 
        intermodal connectors and aerotropolis transportation systems.
            ``(2) Network components.--The national freight network 
        shall consist of--
                    ``(A) the primary freight network, as designated by 
                the Secretary under subsection (f) (referred to in this 
                section as the `primary freight network') as most 
                critical to the movement of freight;
                    ``(B) the portions of the Interstate System not 
                designated as part of the primary freight network; and
                    ``(C) critical rural freight corridors established 
                under subsection (g).
    ``(d) Use of Apportioned Funds.--
            ``(1) Projects on the national freight network.--At a 
        minimum, following designation of the primary freight network 
        under subsection (f), a State shall obligate funds apportioned 
        under section 104(b)(5) to improve the movement of freight on 
        the national freight network.
            ``(2) Location of projects.--A project carried out using 
        funds apportioned under paragraph (1) shall be located--
                    ``(A) on the primary freight network as described 
                under subsection (f);
                    ``(B) on a portion of the Interstate System not 
                designated as primary freight network;
                    ``(C) on roads off of the Interstate System or 
                primary freight network, if that use of funds will 
                provide--
                            ``(i) a more significant improvement to 
                        freight movement on the Interstate System or 
                        the primary freight network; or
                            ``(ii) critical freight access to the 
                        Interstate System or the primary freight 
                        network;
                    ``(D) on a national highway system freight 
                intermodal connector;
                    ``(E) on critical rural freight corridors, as 
                designated under subsection (g) (except that not more 
                than 20 percent of the total anticipated apportionment 
                of a State under section 104(b)(5) during fiscal years 
                2012 and 2013 may be used for projects on critical 
                rural freight corridors); or
                    ``(F) within the boundaries of public and private 
                intermodal facilities, but shall only include surface 
                infrastructure necessary to facilitate direct 
                intermodal interchange, transfer, and access into and 
                out of the facility.
            ``(3) Primary freight network funding.--Beginning for each 
        fiscal year after the Secretary designates the primary freight 
        network, a State shall obligate from funds apportioned under 
        section 104(b)(5) for the primary freight network the lesser 
        of--
                    ``(A) an amount equal to the product obtained by 
                multiplying--
                            ``(i) an amount equal to 110 percent of the 
                        apportionment of the State for the fiscal year 
                        under section 104(b)(5); and
                            ``(ii) the proportion that--
                                    ``(I) the total designated primary 
                                freight network mileage of the State; 
                                bears to
                                    ``(II) the sum of the designated 
                                primary freight network mileage of the 
                                State and the total Interstate system 
                                mileage of the State that is not 
                                designated as part of the primary 
                                freight network; or
                    ``(B) an amount equal to the total apportionment of 
                the State under section 104(b)(5).
    ``(e) Eligibility.--
            ``(1) Eligible projects.--To be eligible for funding under 
        this section, a project shall demonstrate the improvement made 
        by the project to the efficient movement of freight on the 
        national freight network.
            ``(2) Freight rail and maritime projects.--
                    ``(A) In general.--A State may obligate an amount 
                equal to not more than 10 percent of the total 
                apportionment to the State under section 104(b)(5) over 
                the period of fiscal years 2012 and 2013 for public or 
                private freight rail or maritime projects.
                    ``(B) Eligibility.--For a State to be eligible to 
                obligate funds in the manner described in subparagraph 
                (A), the Secretary shall concur with the State that--
                            ``(i) the project for which the State seeks 
                        to obligate funds under this paragraph would 
                        make significant improvement to freight 
                        movements on the national freight network; and
                            ``(ii) the public benefit of the project--
                                    ``(I) exceeds the Federal 
                                investment; and
                                    ``(II) provides a better return 
                                than a highway project on a segment of 
                                the primary freight network.
            ``(3) Eligible project costs.--A State may obligate funds 
        apportioned to the State under section 104(b)(5) for the 
        national freight program for any of the following costs of an 
        eligible project:
                    ``(A) Development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities.
                    ``(B) Construction, reconstruction, rehabilitation, 
                acquisition of real property (including land relating 
                to the project and improvements to land), construction 
                contingencies, acquisition of equipment, and 
                operational improvements directly relating to improving 
                system performance, including but not limited to any 
                segment of the primary freight network that falls below 
                the minimum level established pursuant to section 
                119(f).
                    ``(C) Intelligent transportation systems and other 
                technology to improve the flow of freight.
                    ``(D) Efforts to reduce the environmental impacts 
                of freight movement on the national freight network.
                    ``(E) Environmental mitigation.
                    ``(F) Railway-highway grade separation.
                    ``(G) Geometric improvements to interchanges and 
                ramps.
                    ``(H) Truck-only lanes.
                    ``(I) Climbing and runaway truck lanes.
                    ``(J) Adding or widening of shoulders.
                    ``(K) Truck parking facilities eligible for funding 
                under section 1401 of the MAP-21.
                    ``(L) Real-time traffic, truck parking, roadway 
                condition, and multimodal transportation information 
                systems.
                    ``(M) Electronic screening and credentialing 
                systems, including weigh-in-motion truck inspection 
                technologies.
                    ``(N) Traffic signal optimization including 
                synchronized and adaptive signals.
                    ``(O) Work zone management and information systems.
                    ``(P) Highway ramp metering.
                    ``(Q) Electronic cargo and border security 
                technologies that improve truck freight movement.
                    ``(R) Intelligent transportation systems that would 
                increase truck freight efficiencies inside the 
                boundaries of intermodal facilities.
                    ``(S) Any other activities to improve the flow of 
                freight on the national freight network.
            ``(4) Other eligible costs.--In addition to eligible 
        project costs, a State may use funds apportioned under section 
        104(b)(5) for the necessary costs of conducting analyses and 
        data collection to comply with subsection (i) or diesel 
        retrofits or alternative fuel projects defined under section 
        149 for class 8 vehicles.
            ``(5) Eligible project costs prior to designation of the 
        primary freight network.--Prior to the date of designation of 
        the primary freight network, a State may obligate funds 
        apportioned to the State under section 104(b)(5) to improve 
        freight movement on the Interstate System for--
                    ``(A) construction, reconstruction, resurfacing, 
                restoration, and rehabilitation of segments of the 
                Interstate System;
                    ``(B) operational improvements for segments of the 
                Interstate System;
                    ``(C) construction of, and operational improvements 
                for, a Federal-aid highway not on the Interstate 
                System, and construction of a transit project eligible 
                for assistance under chapter 53 of title 49, United 
                States Code, if--
                            ``(i) the highway or transit project is in 
                        the same corridor as, and in proximity to a 
                        highway designated as a part of, the Interstate 
                        System;
                            ``(ii) the construction or improvements 
                        would improve the level of service on the 
                        Interstate System described in subparagraph (A) 
                        and improve freight traffic flow; and
                            ``(iii) the construction or improvements 
                        are more cost-effective for freight movement 
                        than an improvement to the Interstate System 
                        described in subparagraph (A);
                    ``(D) highway safety improvements for segments of 
                the Interstate System;
                    ``(E) transportation planning in accordance with 
                sections 134 and 135;
                    ``(F) the costs of conducting analysis and data 
                collection to comply with this section;
                    ``(G) truck parking facilities eligible for funding 
                under section 1401 of the MAP-21;
                    ``(H) infrastructure-based intelligent 
                transportation systems capital improvements;
                    ``(I) environmental restoration and pollution 
                abatement in accordance with section 328; and
                    ``(J) in accordance with all applicable Federal law 
                (including regulations), participation in natural 
                habitat and wetlands mitigation efforts relating to 
                projects funded under this title, which may include 
                participation in natural habitat and wetlands 
                mitigation banks, contributions to statewide and 
                regional efforts to conserve, restore, enhance, and 
                create natural habitats and wetlands, and development 
                of statewide and regional natural habitat and wetlands 
                conservation and mitigation plans, including any such 
                banks, efforts, and plans developed in accordance with 
                applicable Federal law (including regulations), on the 
                conditions that--
                            ``(i) contributions to those mitigation 
                        efforts may--
                                    ``(I) take place concurrent with or 
                                in advance of project construction; and
                                    ``(II) occur in advance of project 
                                construction only if the efforts are 
                                consistent with all applicable 
                                requirements of Federal law (including 
                                regulations) and State transportation 
                                planning processes; and
                            ``(ii) with respect to participation in a 
                        natural habitat or wetland mitigation effort 
                        relating to a project funded under this title 
                        that has an impact that occurs within the 
                        service area of a mitigation bank, preference 
                        is given, to the maximum extent practicable, to 
                        the use of the mitigation bank if the bank 
                        contains sufficient available credits to offset 
                        the impact and the bank is approved in 
                        accordance with applicable Federal law 
                        (including regulations).
    ``(f) Designation of Primary Freight Network.--
            ``(1) Initial designation of primary freight network.--
                    ``(A) Designation.--Not later than 1 year after the 
                date of enactment of this section, the Secretary shall 
                designate a primary freight network--
                            ``(i) based on an inventory of national 
                        freight volume conducted by the Administrator 
                        of the Federal Highway Administration, in 
                        consultation with stakeholders, including 
                        system users and transport providers; and
                            ``(ii) that shall be comprised of not more 
                        than 27,000 centerline miles of existing 
                        roadways that are most critical to the movement 
                        of freight.
                    ``(B) Factors for designation.--In designating the 
                primary freight network, the Secretary shall consider--
                            ``(i) the origins and destinations of 
                        freight movement in the United States;
                            ``(ii) the total freight tonnage moved by 
                        all modes of transportation;
                            ``(iii) the percentage of annual average 
                        daily truck traffic in the annual average daily 
                        traffic on principal arterials;
                            ``(iv) the annual average daily truck 
                        traffic on principal arterials;
                            ``(v) land and maritime ports of entry;
                            ``(vi) population centers; and
                            ``(vii) network connectivity.
            ``(2) Additional miles on primary freight network.--In 
        addition to the miles initially designated under paragraph (1), 
        the Secretary may increase the number of miles designated as 
        part of the primary freight network by not more than 3,000 
        additional centerline miles of roadways (which may include 
        existing or planned roads) critical to future efficient 
        movement of goods on the primary freight network.
            ``(3) Redesignation of primary freight network.--During 
        calendar year 2015 and every 10 years thereafter, using the 
        designation factors described in paragraph (1), the Secretary 
        shall redesignate the primary freight network (including 
        additional mileage described in subsection (f)(2)).
    ``(g) Critical Rural Freight Corridors.--A State may designate a 
road within the borders of the State as a critical rural freight 
corridor if the road--
            ``(1) is a rural principal arterial roadway and has a 
        minimum of 25 percent of the annual average daily traffic of 
        the road measured in passenger vehicle equivalent units from 
        trucks (FHWA vehicle class 8 to 13); or
            ``(2) connects the primary freight network or Interstate 
        System to facilities that handle more than--
                    ``(A) 50,000 20-foot equivalent units per year; or
                    ``(B) 500,000 tons per year of bulk commodities.
    ``(h) National Freight Strategic Plan.--
            ``(1) Initial development of national freight strategic 
        plan.--Not later than 3 years after the date of enactment of 
        this section, the Secretary shall, in consultation with 
        appropriate public and private transportation stakeholders, 
        develop and post on the Department of Transportation public 
        website a national freight strategic plan that shall include--
                    ``(A) an assessment of the condition and 
                performance of the national freight network;
                    ``(B) an identification of highway bottlenecks on 
                the national freight network that create significant 
                freight congestion problems;
                    ``(C) forecasts of freight volumes for the 20-year 
                period beginning in the year during which the plan is 
                issued;
                    ``(D) an identification of major trade gateways and 
                national freight corridors that connect major 
                population centers, trade gateways, and other major 
                freight generators for current and forecasted traffic 
                and freight volumes, the identification of which shall 
                be revised, as appropriate, in subsequent plans;
                    ``(E) an assessment of statutory, regulatory, 
                technological, institutional, financial, and other 
                barriers to improved freight transportation performance 
                (including opportunities for overcoming the barriers);
                    ``(F) best practices for improving the performance 
                of the national freight network;
                    ``(G) best practices to mitigate the impacts of 
                freight movement on communities;
                    ``(H) a process for addressing multistate projects 
                and encouraging jurisdictions to collaborate; and
                    ``(I) strategies to improve maritime, freight rail, 
                and freight intermodal connectivity.
            ``(2) Updates to national freight strategic plan.--Not 
        later than 5 years after the date of completion of the first 
        national freight strategic plan under paragraph (1), and every 
        5 years thereafter, the Secretary shall update and repost on 
        the Department of Transportation public website a revised 
        national freight strategic plan.
    ``(i) Freight Performance Targets.--
            ``(1) Rulemaking.--Not later than 2 years after the date of 
        enactment of this section, the Secretary, in consultation with 
        State departments of transportation and other appropriate 
        public and private transportation stakeholders, shall publish a 
        rulemaking that establishes quantifiable performance measures 
        for freight movement on the primary freight network.
            ``(2) State targets and reporting.--Not later than 1 year 
        after the date on which the Secretary publishes the rulemaking 
        under paragraph (1), each State shall--
                    ``(A) develop and periodically update State 
                performance targets for freight movement on the primary 
                freight network--
                            ``(i) in consultation with appropriate 
                        public and private stakeholders; and
                            ``(ii) using measures determined by the 
                        Secretary; and
                    ``(B) for every 2-year period, submit to the 
                Secretary a report that contains a description of--
                            ``(i) the progress of the State toward 
                        meeting the targets; and
                            ``(ii) the ways in which the State is 
                        addressing congestion at freight bottlenecks 
                        within the State.
            ``(3) Compliance.--
                    ``(A) Performance targets.--To obligate funding 
                apportioned under section 104(b)(5), each State shall 
                develop performance targets in accordance with 
                paragraph (2).
                    ``(B) Determination of secretary.--If the Secretary 
                determines that a State has not met or made significant 
                progress toward meeting the performance targets of the 
                State by the date that is 2 years after the date of 
                establishment of the performance targets, until the 
                date on which the Secretary determines that the State 
                has met (or has made significant progress towards 
                meeting) the State performance targets, the State shall 
                submit to the Secretary, on a biennial basis, a freight 
                performance improvement plan that includes--
                            ``(i) an identification of significant 
                        freight system trends, needs, and issues within 
                        the State;
                            ``(ii) a description of the freight 
                        policies and strategies that will guide the 
                        freight-related transportation investments of 
                        the State;
                            ``(iii) an inventory of freight bottlenecks 
                        within the State and a description of the ways 
                        in which the State is allocating funds to 
                        improve those bottlenecks; and
                            ``(iv) a description of the actions the 
                        State will undertake to meet the performance 
                        targets of the State.
    ``(j) Freight Transportation Conditions and Performance Reports.--
Not later than 2 years after the date of enactment of this section, and 
biennially thereafter, the Secretary shall prepare a report that 
contains a description of the conditions and performance of the 
national freight network in the United States.
    ``(k) Transportation Investment Data and Planning Tools.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall--
                    ``(A) begin development of new tools and 
                improvement of existing tools or improve existing tools 
                to support an outcome-oriented, performance-based 
                approach to evaluate proposed freight-related and other 
                transportation projects, including--
                            ``(i) methodologies for systematic analysis 
                        of benefits and costs;
                            ``(ii) tools for ensuring that the 
                        evaluation of freight-related and other 
                        transportation projects could consider safety, 
                        economic competitiveness, environmental 
                        sustainability, and system condition in the 
                        project selection process; and
                            ``(iii) other elements to assist in 
                        effective transportation planning;
                    ``(B) identify transportation-related model data 
                elements to support a broad range of evaluation methods 
                and techniques to assist in making transportation 
                investment decisions; and
                    ``(C) at a minimum, in consultation with other 
                relevant Federal agencies, consider any improvements to 
                existing freight flow data collection efforts that 
                could reduce identified freight data gaps and 
                deficiencies and help improve forecasts of freight 
                transportation demand.
            ``(2) Consultation.--The Secretary shall consult with 
        Federal, State, and other stakeholders to develop, improve, and 
        implement the tools and collect the data in paragraph (1).
    ``(l) Definition of Aerotropolis Transportation System.--For the 
purposes of this section, the term `aerotropolis transportation system' 
means a planned and coordinated multimodal freight and passenger 
transportation network that, as determined by the Secretary, provides 
efficient, cost-effective, sustainable, and intermodal connectivity to 
a defined region of economic significance centered around a major 
airport.
    ``(m) Treatment of Projects.--Notwithstanding any other provision 
of law, projects funded under this section shall be treated as projects 
on a Federal-aid system under this chapter.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

``167. National freight program.''.

SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by striking sections 201 through 204 and inserting the 
following:
``Sec. 201. Federal lands and tribal transportation programs
    ``(a) Purpose.--Recognizing the need for all public Federal and 
tribal transportation facilities to be treated under uniform policies 
similar to the policies that apply to Federal-aid highways and other 
public transportation facilities, the Secretary of Transportation, in 
collaboration with the Secretaries of the appropriate Federal land 
management agencies, shall coordinate a uniform policy for all public 
Federal and tribal transportation facilities that shall apply to 
Federal lands transportation facilities, tribal transportation 
facilities, and Federal lands access transportation facilities.
    ``(b) Availability of Funds.--
            ``(1) Availability.--Funds authorized for the tribal 
        transportation program, the Federal lands transportation 
        program, and the Federal lands access program shall be 
        available for contract upon apportionment, or on October 1 of 
        the fiscal year for which the funds were authorized if no 
        apportionment is required.
            ``(2) Amount remaining.--Any amount remaining unexpended 
        for a period of 3 years after the close of the fiscal year for 
        which the funds were authorized shall lapse.
            ``(3) Obligations.--The Secretary of the department 
        responsible for the administration of funds under this 
        subsection may incur obligations, approve projects, and enter 
        into contracts under such authorizations, which shall be 
        considered to be contractual obligations of the United States 
        for the payment of the cost thereof, the funds of which shall 
        be considered to have been expended when obligated.
            ``(4) Expenditure.--
                    ``(A) In general.--Any funds authorized for any 
                fiscal year after the date of enactment of this section 
                under the Federal lands transportation program, the 
                Federal lands access program, and the tribal 
                transportation program shall be considered to have been 
                expended if a sum equal to the total of the sums 
                authorized for the fiscal year and previous fiscal 
                years have been obligated.
                    ``(B) Credited funds.--Any funds described in 
                subparagraph (A) that are released by payment of final 
                voucher or modification of project authorizations shall 
                be--
                            ``(i) credited to the balance of 
                        unobligated authorizations; and
                            ``(ii) immediately available for 
                        expenditure.
            ``(5) Applicability.--This section shall not apply to funds 
        authorized before the date of enactment of this paragraph.
            ``(6) Contractual obligation.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law (including regulations), the 
                authorization by the Secretary, or the Secretary of the 
                appropriate Federal land management agency if the 
                agency is the contracting office, of engineering and 
                related work for the development, design, and 
                acquisition associated with a construction project, 
                whether performed by contract or agreement authorized 
                by law, or the approval by the Secretary of plans, 
                specifications, and estimates for construction of a 
                project, shall be considered to constitute a 
                contractual obligation of the Federal Government to pay 
                the total eligible cost of--
                            ``(i) any project funded under this title; 
                        and
                            ``(ii) any project funded pursuant to 
                        agreements authorized by this title or any 
                        other title.
                    ``(B) Effect.--Nothing in this paragraph--
                            ``(i) affects the application of the 
                        Federal share associated with the project being 
                        undertaken under this section; or
                            ``(ii) modifies the point of obligation 
                        associated with Federal salaries and expenses.
            ``(7) Federal share.--
                    ``(A) Tribal and federal lands transportation 
                program.--The Federal share of the cost of a project 
                carried out under the Federal lands transportation 
                program or the tribal transportation program shall be 
                100 percent.
                    ``(B) Federal lands access program.--The Federal 
                share of the cost of a project carried out under the 
                Federal lands access program shall be determined in 
                accordance with section 120.
    ``(c) Transportation Planning.--
            ``(1) Transportation planning procedures.--In consultation 
        with the Secretary of each appropriate Federal land management 
        agency, the Secretary shall implement transportation planning 
        procedures for Federal lands and tribal transportation 
        facilities that are consistent with the planning processes 
        required under sections 134 and 135.
            ``(2) Approval of transportation improvement program.--The 
        transportation improvement program developed as a part of the 
        transportation planning process under this section shall be 
        approved by the Secretary.
            ``(3) Inclusion in other plans.--Each regionally 
        significant tribal transportation program, Federal lands 
        transportation program, and Federal lands access program 
        project shall be--
                    ``(A) developed in cooperation with State and 
                metropolitan planning organizations; and
                    ``(B) included in appropriate tribal transportation 
                program plans, Federal lands transportation program 
                plans, Federal lands access program plans, State and 
                metropolitan plans, and transportation improvement 
                programs.
            ``(4) Inclusion in state programs.--The approved tribal 
        transportation program, Federal lands transportation program, 
        and Federal lands access program transportation improvement 
        programs shall be included in appropriate State and 
        metropolitan planning organization plans and programs without 
        further action on the transportation improvement program.
            ``(5) Asset management.--The Secretary and the Secretary of 
        each appropriate Federal land management agency shall, to the 
        extent appropriate, implement safety, bridge, pavement, and 
        congestion management systems for facilities funded under the 
        tribal transportation program and the Federal lands 
        transportation program in support of asset management.
            ``(6) Data collection.--
                    ``(A) Data collection.--The Secretaries of the 
                appropriate Federal land management agencies shall 
                collect and report data necessary to implement the 
                Federal lands transportation program, the Federal lands 
                access program, and the tribal transportation program, 
                including--
                            ``(i) inventory and condition information 
                        on Federal lands transportation facilities and 
                        tribal transportation facilities; and
                            ``(ii) bridge inspection and inventory 
                        information on any Federal bridge open to the 
                        public.
                    ``(B) Standards.--The Secretary, in coordination 
                with the Secretaries of the appropriate Federal land 
                management agencies, shall define the collection and 
                reporting data standards.
            ``(7) Administrative expenses.--To implement the activities 
        described in this subsection, including direct support of 
        transportation planning activities among Federal land 
        management agencies, the Secretary may use not more than 5 
        percent for each fiscal year of the funds authorized for 
        programs under sections 203 and 204.
    ``(d) Reimbursable Agreements.--In carrying out work under 
reimbursable agreements with any State, local, or tribal government 
under this title, the Secretary--
            ``(1) may, without regard to any other provision of law 
        (including regulations), record obligations against accounts 
        receivable from the entity; and
            ``(2) shall credit amounts received from the entity to the 
        appropriate account, which shall occur not later than 90 days 
        after the date of the original request by the Secretary for 
        payment.
    ``(e) Transfers.--
            ``(1) In general.--To enable the efficient use of funds 
        made available for the Federal lands transportation program and 
        the Federal lands access program, the funds may be transferred 
        by the Secretary within and between each program with the 
        concurrence of, as appropriate--
                    ``(A) the Secretary;
                    ``(B) the affected Secretaries of the respective 
                Federal land management agencies;
                    ``(C) State departments of transportation; and
                    ``(D) local government agencies.
            ``(2) Credit.--The funds described in paragraph (1) shall 
        be credited back to the loaning entity with funds that are 
        currently available for obligation at the time of the credit.
``Sec. 202. Tribal transportation program
    ``(a) Use of Funds.--
            ``(1) In general.--Funds made available under the tribal 
        transportation program shall be used by the Secretary of 
        Transportation and the Secretary of the Interior to pay the 
        costs of--
                    ``(A)(i) transportation planning, research, 
                maintenance, engineering, rehabilitation, restoration, 
                construction, and reconstruction of tribal 
                transportation facilities;
                    ``(ii) adjacent vehicular parking areas;
                    ``(iii) interpretive signage;
                    ``(iv) acquisition of necessary scenic easements 
                and scenic or historic sites;
                    ``(v) provisions for pedestrians and bicycles;
                    ``(vi) environmental mitigation in or adjacent to 
                tribal land--
                            ``(I) to improve public safety and reduce 
                        vehicle-caused wildlife mortality while 
                        maintaining habitat connectivity; and
                            ``(II) to mitigate the damage to wildlife, 
                        aquatic organism passage, habitat, and 
                        ecosystem connectivity, including the costs of 
                        constructing, maintaining, replacing, or 
                        removing culverts and bridges, as appropriate;
                    ``(vii) construction and reconstruction of roadside 
                rest areas, including sanitary and water facilities; 
                and
                    ``(viii) other appropriate public road facilities 
                as determined by the Secretary;
                    ``(B) operation and maintenance of transit programs 
                and facilities that are located on, or provide access 
                to, tribal land, or are administered by a tribal 
                government; and
                    ``(C) any transportation project eligible for 
                assistance under this title that is located within, or 
                that provides access to, tribal land, or is associated 
                with a tribal government.
            ``(2) Contract.--In connection with an activity described 
        in paragraph (1), the Secretary and the Secretary of the 
        Interior may enter into a contract or other appropriate 
        agreement with respect to the activity with--
                    ``(A) a State (including a political subdivision of 
                a State); or
                    ``(B) an Indian tribe.
            ``(3) Indian labor.--Indian labor may be employed, in 
        accordance with such rules and regulations as may be 
        promulgated by the Secretary of the Interior, to carry out any 
        construction or other activity described in paragraph (1).
            ``(4) Federal employment.--No maximum limitation on Federal 
        employment shall be applicable to the construction or 
        improvement of tribal transportation facilities.
            ``(5) Funds for construction and improvement.--All funds 
        made available for the construction and improvement of tribal 
        transportation facilities shall be administered in conformity 
        with regulations and agreements jointly approved by the 
        Secretary and the Secretary of the Interior.
            ``(6) Administrative expenses.--
                    ``(A) In general.--Of the funds authorized to be 
                appropriated for the tribal transportation program, not 
                more than 6 percent may be used by the Secretary or the 
                Secretary of the Interior for program management and 
                oversight and project-related administrative expenses.
                    ``(B) Reservation of funds.--The Secretary of the 
                Interior may reserve amounts from administrative funds 
                of the Bureau of Indian Affairs that are associated 
                with the tribal transportation program to fund tribal 
                technical assistance centers under section 504(b).
            ``(7) Maintenance.--
                    ``(A) Use of funds.--Notwithstanding any other 
                provision of this title, of the amount of funds 
                allocated to an Indian tribe from the tribal 
                transportation program, for the purpose of maintenance 
                (excluding road sealing, which shall not be subject to 
                any limitation), the Secretary shall not use an amount 
                more than the greater of--
                            ``(i) an amount equal to 25 percent; or
                            ``(ii) $500,000.
                    ``(B) Responsibility of bureau of indian affairs 
                and secretary of the interior.--
                            ``(i) Bureau of indian affairs.--The Bureau 
                        of Indian Affairs shall retain primary 
                        responsibility, including annual funding 
                        request responsibility, for Bureau of Indian 
                        Affairs road maintenance programs on Indian 
                        reservations.
                            ``(ii) Secretary of the interior.--The 
                        Secretary of the Interior shall ensure that 
                        funding made available under this subsection 
                        for maintenance of tribal transportation 
                        facilities for each fiscal year is 
                        supplementary to, and not in lieu of, any 
                        obligation of funds by the Bureau of Indian 
                        Affairs for road maintenance programs on Indian 
                        reservations.
                    ``(C) Tribal-state road maintenance agreements.--
                            ``(i) In general.--An Indian tribe and a 
                        State may enter into a road maintenance 
                        agreement under which an Indian tribe shall 
                        assume the responsibility of the State for--
                                    ``(I) tribal transportation 
                                facilities; and
                                    ``(II) roads providing access to 
                                tribal transportation facilities.
                            ``(ii) Requirements.--Agreements entered 
                        into under clause (i) shall--
                                    ``(I) be negotiated between the 
                                State and the Indian tribe; and
                                    ``(II) not require the approval of 
                                the Secretary.
            ``(8) Cooperation.--
                    ``(A) In general.--The cooperation of States, 
                counties, or other local subdivisions may be accepted 
                in construction and improvement.
                    ``(B) Funds received.--Any funds received from a 
                State, county, or local subdivision shall be credited 
                to appropriations available for the tribal 
                transportation program.
            ``(9) Competitive bidding.--
                    ``(A) Construction.--
                            ``(i) In general.--Subject to clause (ii) 
                        and subparagraph (B), construction of each 
                        project shall be performed by contract awarded 
                        by competitive bidding.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply if the Secretary or the Secretary of the 
                        Interior affirmatively finds that, under the 
                        circumstances relating to the project, a 
                        different method is in the public interest.
                    ``(B) Applicability.--Notwithstanding subparagraph 
                (A), section 23 of the Act of June 25, 1910 (25 U.S.C. 
                47) and section 7(b) of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450e(b)) shall 
                apply to all funds administered by the Secretary of the 
                Interior that are appropriated for the construction and 
                improvement of tribal transportation facilities.
    ``(b) Funds Distribution.--
            ``(1) National tribal transportation facility inventory.--
                    ``(A) In general.--The Secretary of the Interior, 
                in cooperation with the Secretary, shall maintain a 
                comprehensive national inventory of tribal 
                transportation facilities that are eligible for 
                assistance under the tribal transportation program.
                    ``(B) Transportation facilities included in the 
                inventory.--For purposes of identifying the tribal 
                transportation system and determining the relative 
                transportation needs among Indian tribes, the Secretary 
                shall include, at a minimum, transportation facilities 
                that are eligible for assistance under the tribal 
                transportation program that an Indian tribe has 
                requested, including facilities that--
                            ``(i) were included in the Bureau of Indian 
                        Affairs system inventory prior to October 1, 
                        2004;
                            ``(ii) are owned by an Indian tribal 
                        government;
                            ``(iii) are owned by the Bureau of Indian 
                        Affairs;
                            ``(iv) were constructed or reconstructed 
                        with funds from the Highway Account of the 
                        Transportation Trust Fund under the Indian 
                        reservation roads program since 1983;
                            ``(v) are public roads or bridges within 
                        the exterior boundary of Indian reservations, 
                        Alaska Native villages, and other recognized 
                        Indian communities (including communities in 
                        former Indian reservations in the State of 
                        Oklahoma) in which the majority of residents 
                        are American Indians or Alaska Natives; or
                            ``(vi) are primary access routes proposed 
                        by tribal governments, including roads between 
                        villages, roads to landfills, roads to drinking 
                        water sources, roads to natural resources 
                        identified for economic development, and roads 
                        that provide access to intermodal terminals, 
                        such as airports, harbors, or boat landings.
                    ``(C) Limitation on primary access routes.--For 
                purposes of this paragraph, a proposed primary access 
                route is the shortest practicable route connecting 2 
                points of the proposed route.
                    ``(D) Additional facilities.--Nothing in this 
                paragraph precludes the Secretary from including 
                additional transportation facilities that are eligible 
                for funding under the tribal transportation program in 
                the inventory used for the national funding allocation 
                if such additional facilities are included in the 
                inventory in a uniform and consistent manner 
                nationally.
                    ``(E) Bridges.--All bridges in the inventory shall 
                be recorded in the national bridge inventory 
                administered by the Secretary under section 144.
            ``(2) Regulations.--Notwithstanding sections 563(a) and 
        565(a) of title 5, the Secretary of the Interior shall maintain 
        any regulations governing the tribal transportation program.
            ``(3) Basis for funding formula.--
                    ``(A) Basis.--
                            ``(i) In general.--After making the set 
                        asides authorized under subsections (a)(6), 
                        (c), (d), and (e) on October 1 of each fiscal 
                        year, the Secretary shall distribute the 
                        remainder authorized to be appropriated for the 
                        tribal transportation program under this 
                        section among Indian tribes as follows:
                                    ``(I) For fiscal year 2012--
                                            ``(aa) 50 percent, equal to 
                                        the ratio that the amount 
                                        allocated to each tribe for 
                                        fiscal year 2011 bears to the 
                                        total amount allocated to all 
                                        tribes for that fiscal year; 
                                        and
                                            ``(bb) the remainder using 
                                        tribal shares as described in 
                                        subparagraphs (B) and (C).
                                    ``(II) For fiscal year 2013 and 
                                thereafter, using tribal shares as 
                                described in subparagraphs (B) and (C).
                            ``(ii) Tribal high priority projects.--The 
                        High Priority Projects program as included in 
                        the Tribal Transportation Allocation 
                        Methodology of part 170 of title 25, Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of the MAP-21), shall not continue 
                        in effect.
                    ``(B) Tribal shares.--Tribal shares under this 
                program shall be determined using the national tribal 
                transportation facility inventory as calculated for 
                fiscal year 2012, and the most recent data on American 
                Indian and Alaska Native population within each Indian 
                tribe's American Indian/Alaska Native Reservation or 
                Statistical Area, as computed under the Native American 
                Housing Assistance and Self-Determination Act of 1996 
                (25 U.S.C. 4101 et seq.), in the following manner:
                            ``(i) 20 percent in the ratio that the 
                        total eligible lane mileage in each tribe bears 
                        to the total eligible lane mileage of all 
                        American Indians and Alaskan Natives. For the 
                        purposes of this calculation--
                                    ``(I) eligible lane mileage shall 
                                be computed based on the inventory 
                                described in paragraph (1), using only 
                                facilities included in the inventory 
                                described in clause (i), (ii), or (iii) 
                                of paragraph (1)(B); and
                                    ``(II) paved roads and gravel 
                                surfaced roads are deemed to equal 2 
                                lane miles per mile of inventory, and 
                                earth surfaced roads and unimproved 
                                roads shall be deemed to equal 1 lane 
                                mile per mile of inventory.
                            ``(ii) 40 percent in the ratio that the 
                        total population in each tribe bears to the 
                        total population of all American Indians and 
                        Alaskan Natives.
                            ``(iii) 40 percent shall be divided equally 
                        among each Bureau of Indian Affairs region for 
                        distribution of tribal shares as follows:
                                    ``(I) \1/4\ of 1 percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 1 to 25.
                                    ``(II) \3/4\ of 1 percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 26 to 100.
                                    ``(III) 3\3/4\ percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 101 to 1,000.
                                    ``(IV) 20 percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 1,001 to 10,000.
                                    ``(V) 74\3/4\ percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 10,001 to 60,000 
                                where 3 or more Indian tribes occupy 
                                this category in a single Bureau of 
                                Indian Affairs region, and Bureau of 
                                Indian Affairs regions containing less 
                                than 3 Indian tribes in this category 
                                shall receive funding in accordance 
                                with subclause (IV) and clause (iv).
                                    ``(VI) \1/2\ of 1 percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 60,001 or more.
                            ``(iv) For a Bureau of Indian Affairs 
                        region that has no Indian tribes meeting the 
                        population criteria under 1 or more of 
                        subclauses (I) through (VI) of clause (iii), 
                        the region shall redistribute any funds subject 
                        to such clause or clauses among any such 
                        clauses for which the region has Indian tribes 
                        meeting such criteria proportionally in 
                        accordance with the percentages listed in such 
                        clauses until such funds are completely 
                        distributed.
                    ``(C) Tribal supplemental funding.--
                            ``(i) Tribal supplemental funding amount.--
                        Of funds made available for each fiscal year 
                        for the tribal transportation program, the 
                        Secretary shall set aside the following amount 
                        for a tribal supplemental program:
                                    ``(I) If the amount made available 
                                for the tribal transportation program 
                                is less than or equal to $275,000,000, 
                                10 percent of such amount.
                                    ``(II) If the amount made available 
                                for the tribal transportation program 
                                exceeds $275,000,000--
                                            ``(aa) $27,500,000; plus
                                            ``(bb) 12.5 percent of the 
                                        amount made available for the 
                                        tribal transportation program 
                                        in excess of $275,000,000.
                            ``(ii) Tribal supplemental allocation.--The 
                        Secretary shall distribute tribal supplemental 
                        funds as follows:
                                    ``(I) Distribution among regions.--
                                Of the amounts set aside under clause 
                                (i), the Secretary shall distribute to 
                                each region of the Bureau of Indian 
                                Affairs a share of tribal supplemental 
                                funds in proportion to the regional 
                                total of tribal shares based on the 
                                cumulative tribal shares of all Indian 
                                tribes within such region under 
                                subparagraph (B).
                                    ``(II) Distribution within a 
                                region.--Of the amount that a region 
                                receives under subclause (I), the 
                                Secretary shall distribute tribal 
                                supplemental funding among Indian 
                                tribes within such region as follows:
                                            ``(aa) Tribal supplemental 
                                        amounts.--The Secretary shall 
                                        determine--

                                                    ``(AA) which such 
                                                Indian tribes would be 
                                                entitled under 
                                                subparagraph (A) to 
                                                receive in a fiscal 
                                                year less funding than 
                                                they would receive in 
                                                fiscal year 2011 
                                                pursuant to the Tribal 
                                                Transportation 
                                                Allocation Methodology 
                                                described in subpart C 
                                                of part 170 of title 
                                                25, Code of Federal 
                                                Regulations (as in 
                                                effect on the date of 
                                                enactment of the MAP-
                                                21); and

                                                    ``(BB) the combined 
                                                amount that such Indian 
                                                tribes would be 
                                                entitled to receive in 
                                                fiscal year 2011 
                                                pursuant to such Tribal 
                                                Transportation 
                                                Allocation Methodology 
                                                in excess of the amount 
                                                that they would be 
                                                entitled to receive in 
                                                the fiscal year under 
                                                subparagraph (B); and

                                            ``(bb) Subject to subclause 
                                        (III), distribute to each 
                                        Indian tribe that meets the 
                                        criteria described in item 
                                        (aa)(AA) a share of funding 
                                        under this subparagraph in 
                                        proportion to the share of the 
                                        combined amount determined 
                                        under item (aa)(BB) 
                                        attributable to such Indian 
                                        tribe.
                                    ``(III) Ceiling.--An Indian tribe 
                                may not receive under subclause (II) 
                                and based on its tribal share under 
                                subparagraph (A) a combined amount that 
                                exceeds the amount that such Indian 
                                tribe would be entitled to receive in 
                                fiscal year 2011 pursuant to the Tribal 
                                Transportation Allocation Methodology 
                                described in subpart C of part 170 of 
                                title 25, Code of Federal Regulations 
                                (as in effect on the date of enactment 
                                of the MAP-21).
                                    ``(IV) Other amounts.--If the 
                                amount made available for a region 
                                under subclause (I) exceeds the amount 
                                distributed among Indian tribes within 
                                that region under subclause (II), the 
                                Secretary shall distribute the 
                                remainder of such region's funding 
                                under such subclause among all Indian 
                                tribes in that region in proportion to 
                                the combined amount that each such 
                                Indian tribe received under 
                                subparagraph (A) and subclauses (I), 
                                (II), and (III).
            ``(4) Transferred funds.--
                    ``(A) In general.--Not later than 30 days after the 
                date on which funds are made available to the Secretary 
                of the Interior under this paragraph, the funds shall 
                be distributed to, and made available for immediate use 
                by, eligible Indian tribes, in accordance with the 
                formula for distribution of funds under the tribal 
                transportation program.
                    ``(B) Use of funds.--Notwithstanding any other 
                provision of this section, funds made available to 
                Indian tribes for tribal transportation facilities 
                shall be expended on projects identified in a 
                transportation improvement program approved by the 
                Secretary.
            ``(5) Health and safety assurances.--Notwithstanding any 
        other provision of law, an Indian tribal government may approve 
        plans, specifications, and estimates and commence road and 
        bridge construction with funds made available from the tribal 
        transportation program through a contract or agreement under 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.), if the Indian tribal government--
                    ``(A) provides assurances in the contract or 
                agreement that the construction will meet or exceed 
                applicable health and safety standards;
                    ``(B) obtains the advance review of the plans and 
                specifications from a State-licensed civil engineer 
                that has certified that the plans and specifications 
                meet or exceed the applicable health and safety 
                standards; and
                    ``(C) provides a copy of the certification under 
                subparagraph (A) to the Deputy Assistant Secretary for 
                Tribal Government Affairs, Department of 
                Transportation, or the Assistant Secretary for Indian 
                Affairs, Department of the Interior, as appropriate.
            ``(6) Contracts and agreements with indian tribes.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, program 
                guideline, manual, or policy directive, all funds made 
                available through the Secretary of the Interior under 
                this chapter and section 125(e) for tribal 
                transportation facilities to pay for the costs of 
                programs, services, functions, and activities, or 
                portions of programs, services, functions, or 
                activities, that are specifically or functionally 
                related to the cost of planning, research, engineering, 
                and construction of any tribal transportation facility 
                shall be made available, upon request of the Indian 
                tribal government, to the Indian tribal government for 
                contracts and agreements for such planning, research, 
                engineering, and construction in accordance with Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.).
                    ``(B) Exclusion of agency participation.--All 
                funds, including contract support costs, for programs, 
                functions, services, or activities, or portions of 
                programs, services, functions, or activities, including 
                supportive administrative functions that are otherwise 
                contractible to which subparagraph (A) applies, shall 
                be paid in accordance with subparagraph (A), without 
                regard to the organizational level at which the 
                Department of the Interior has previously carried out 
                such programs, functions, services, or activities.
            ``(7) Contracts and agreements with indian tribes.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, program 
                guideline, manual, or policy directive, all funds made 
                available through the Secretary of the Interior to an 
                Indian tribal government under this chapter for a 
                tribal transportation facility program or project shall 
                be made available, on the request of the Indian tribal 
                government, to the Indian tribal government for use in 
                carrying out, in accordance with the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.), contracts and agreements for the 
                planning, research, design, engineering, construction, 
                and maintenance relating to the program or project.
                    ``(B) Exclusion of agency participation.--In 
                accordance with subparagraph (A), all funds, including 
                contract support costs, for a program or project to 
                which subparagraph (A) applies shall be paid to the 
                Indian tribal government without regard to the 
                organizational level at which the Department of the 
                Interior has previously carried out, or the Department 
                of Transportation has previously carried out under the 
                tribal transportation program, the programs, functions, 
                services, or activities involved.
                    ``(C) Consortia.--Two or more Indian tribes that 
                are otherwise eligible to participate in a program or 
                project to which this chapter applies may form a 
                consortium to be considered as a single Indian tribe 
                for the purpose of participating in the project under 
                this section.
                    ``(D) Secretary as signatory.--Notwithstanding any 
                other provision of law, the Secretary is authorized to 
                enter into a funding agreement with an Indian tribal 
                government to carry out a tribal transportation 
                facility program or project under subparagraph (A) that 
                is located on an Indian reservation or provides access 
                to the reservation or a community of the Indian tribe.
                    ``(E) Funding.--The amount an Indian tribal 
                government receives for a program or project under 
                subparagraph (A) shall equal the sum of the funding 
                that the Indian tribal government would otherwise 
                receive for the program or project in accordance with 
                the funding formula established under this subsection 
                and such additional amounts as the Secretary determines 
                equal the amounts that would have been withheld for the 
                costs of the Bureau of Indian Affairs for 
                administration of the program or project.
                    ``(F) Eligibility.--
                            ``(i) In general.--Subject to clause (ii) 
                        and the approval of the Secretary, funds may be 
                        made available under subparagraph (A) to an 
                        Indian tribal government for a program or 
                        project in a fiscal year only if the Indian 
                        tribal government requesting such funds 
                        demonstrates to the satisfaction of the 
                        Secretary financial stability and financial 
                        management capability during the 3 fiscal years 
                        immediately preceding the fiscal year for which 
                        the request is being made.
                            ``(ii) Considerations.--An Indian tribal 
                        government that had no uncorrected significant 
                        and material audit exceptions in the required 
                        annual audit of the contracts or self-
                        governance funding agreements made by the 
                        Indian tribe with any Federal agency under the 
                        Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 450 et seq.) during 
                        the 3-fiscal year period referred in clause (i) 
                        shall be conclusive evidence of the financial 
                        stability and financial management capability 
                        of the Indian tribe for purposes of clause (i).
                    ``(G) Assumption of functions and duties.--An 
                Indian tribal government receiving funding under 
                subparagraph (A) for a program or project shall assume 
                all functions and duties that the Secretary of the 
                Interior would have performed with respect to a program 
                or project under this chapter, other than those 
                functions and duties that inherently cannot be legally 
                transferred under the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.).
                    ``(H) Powers.--An Indian tribal government 
                receiving funding under subparagraph (A) for a program 
                or project shall have all powers that the Secretary of 
                the Interior would have exercised in administering the 
                funds transferred to the Indian tribal government for 
                such program or project under this section if the funds 
                had not been transferred, except to the extent that 
                such powers are powers that inherently cannot be 
                legally transferred under the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450 et seq.).
                    ``(I) Dispute resolution.--In the event of a 
                disagreement between the Secretary or the Secretary of 
                the Interior and an Indian tribe over whether a 
                particular function, duty, or power may be lawfully 
                transferred to the Indian tribe under the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450 et seq.), the Indian tribe shall have the right to 
                pursue all alternative dispute resolution and appeal 
                procedures authorized by that Act, including 
                regulations issued to carry out the Act.
                    ``(J) Termination of contract or agreement.--On the 
                date of the termination of a contract or agreement 
                under this section by an Indian tribal government, the 
                Secretary shall transfer all funds that would have been 
                allocated to the Indian tribal government under the 
                contract or agreement to the Secretary of the Interior 
                to provide continued transportation services in 
                accordance with applicable law.
    ``(c) Planning.--
            ``(1) In general.--For each fiscal year, not more than 2 
        percent of the funds made available for the tribal 
        transportation program shall be allocated among Indian tribal 
        governments that apply for transportation planning pursuant to 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.).
            ``(2) Requirement.--An Indian tribal government, in 
        cooperation with the Secretary of the Interior and, as 
        appropriate, with a State, local government, or metropolitan 
        planning organization, shall carry out a transportation 
        planning process in accordance with section 201(c).
            ``(3) Selection and approval of projects.--A project funded 
        under this section shall be--
                    ``(A) selected by the Indian tribal government from 
                the transportation improvement program; and
                    ``(B) subject to the approval of the Secretary of 
                the Interior and the Secretary.
    ``(d) Tribal Transportation Facility Bridges.--
            ``(1) Nationwide priority program.--The Secretary shall 
        maintain a nationwide priority program for improving deficient 
        bridges eligible for the tribal transportation program.
            ``(2) Funding.--Before making any distribution under 
        subsection (b), the Secretary shall set aside not more than 2 
        percent of the funds made available under the tribal 
        transportation program for each fiscal year to be allocated--
                    ``(A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of a project to replace, rehabilitate, 
                seismically retrofit, paint, apply calcium magnesium 
                acetate, sodium acetate/formate, or other 
                environmentally acceptable, minimally corrosive anti-
                icing and deicing composition; or
                    ``(B) to implement any countermeasure for deficient 
                tribal transportation facility bridges, including 
                multiple-pipe culverts.
            ``(3) Eligible bridges.--To be eligible to receive funding 
        under this subsection, a bridge described in paragraph (1) 
        shall--
                    ``(A) have an opening of not less than 20 feet;
                    ``(B) be classified as a tribal transportation 
                facility; and
                    ``(C) be structurally deficient or functionally 
                obsolete.
            ``(4) Approval requirement.--The Secretary may make funds 
        available under this subsection for preliminary engineering, 
        construction, and construction engineering activities after 
        approval of required documentation and verification of 
        eligibility in accordance with this title.
    ``(e) Safety.--
            ``(1) Funding.--Before making any distribution under 
        subsection (b), the Secretary shall set aside not more than 2 
        percent of the funds made available under the tribal 
        transportation program for each fiscal year to be allocated 
        based on an identification and analysis of highway safety 
        issues and opportunities on tribal land, as determined by the 
        Secretary, on application of the Indian tribal governments for 
        eligible projects described in section 148(a)(4).
            ``(2) Project selection.--An Indian tribal government, in 
        cooperation with the Secretary of the Interior and, as 
        appropriate, with a State, local government, or metropolitan 
        planning organization, shall select projects from the 
        transportation improvement program, subject to the approval of 
        the Secretary and the Secretary of the Interior.
    ``(f) Federal-aid Eligible Projects.--Before approving as a project 
on a tribal transportation facility any project eligible for funds 
apportioned under section 104 in a State, the Secretary shall, for 
projects on tribal transportation facilities, determine that the 
obligation of funds for the project is supplementary to and not in lieu 
of the obligation of a fair and equitable share of funds apportioned to 
the State under section 104.
``Sec. 203. Federal lands transportation program
    ``(a) Use of Funds.--
            ``(1) In general.--Funds made available under the Federal 
        lands transportation program shall be used by the Secretary of 
        Transportation and the Secretary of the appropriate Federal 
        land management agency to pay the costs of--
                    ``(A) program administration, transportation 
                planning, research, preventive maintenance, 
                engineering, rehabilitation, restoration, construction, 
                and reconstruction of Federal lands transportation 
                facilities, and--
                            ``(i) adjacent vehicular parking areas;
                            ``(ii) acquisition of necessary scenic 
                        easements and scenic or historic sites;
                            ``(iii) provision for pedestrians and 
                        bicycles;
                            ``(iv) environmental mitigation in or 
                        adjacent to Federal land open to the public--
                                    ``(I) to improve public safety and 
                                reduce vehicle-caused wildlife 
                                mortality while maintaining habitat 
                                connectivity; and
                                    ``(II) to mitigate the damage to 
                                wildlife, aquatic organism passage, 
                                habitat, and ecosystem connectivity, 
                                including the costs of constructing, 
                                maintaining, replacing, or removing 
                                culverts and bridges, as appropriate;
                            ``(v) construction and reconstruction of 
                        roadside rest areas, including sanitary and 
                        water facilities;
                            ``(vi) congestion mitigation; and
                            ``(vii) other appropriate public road 
                        facilities, as determined by the Secretary;
                    ``(B) operation and maintenance of transit 
                facilities; and
                    ``(C) any transportation project eligible for 
                assistance under this title that is on a public road 
                within or adjacent to, or that provides access to, 
                Federal lands open to the public.
            ``(2) Contract.--In connection with an activity described 
        in paragraph (1), the Secretary and the Secretary of the 
        appropriate Federal land management agency may enter into a 
        contract or other appropriate agreement with respect to the 
        activity with--
                    ``(A) a State (including a political subdivision of 
                a State); or
                    ``(B) an Indian tribe.
            ``(3) Administration.--All appropriations for the 
        construction and improvement of Federal lands transportation 
        facilities shall be administered in conformity with regulations 
        and agreements jointly approved by the Secretary and the 
        Secretary of the appropriate Federal land managing agency.
            ``(4) Cooperation.--
                    ``(A) In general.--The cooperation of States, 
                counties, or other local subdivisions may be accepted 
                in construction and improvement.
                    ``(B) Funds received.--Any funds received from a 
                State, county, or local subdivision shall be credited 
                to appropriations available for the class of Federal 
                lands transportation facilities to which the funds were 
                contributed.
            ``(5) Competitive bidding.--
                    ``(A) In general.--Subject to subparagraph (B), 
                construction of each project shall be performed by 
                contract awarded by competitive bidding.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                if the Secretary or the Secretary of the appropriate 
                Federal land management agency affirmatively finds 
                that, under the circumstances relating to the project, 
                a different method is in the public interest.
    ``(b) Agency Program Distributions.--
            ``(1) In general.--On October 1, 2011, and on October 1 of 
        each fiscal year thereafter, the Secretary shall allocate the 
        sums authorized to be appropriated for the fiscal year for the 
        Federal lands transportation program on the basis of 
        applications of need, as determined by the Secretary--
                    ``(A) in consultation with the Secretaries of the 
                applicable Federal land management agencies; and
                    ``(B) in coordination with the transportation plans 
                required under section 201 of the respective 
                transportation systems of--
                            ``(i) the National Park Service;
                            ``(ii) the Forest Service;
                            ``(iii) the United States Fish and Wildlife 
                        Service;
                            ``(iv) the Corps of Engineers; and
                            ``(v) the Bureau of Land Management.
            ``(2) Applications.--
                    ``(A) Requirements.--Each application submitted by 
                a Federal land management agency shall include proposed 
                programs at various potential funding levels, as 
                defined by the Secretary following collaborative 
                discussions with applicable Federal land management 
                agencies.
                    ``(B) Consideration by secretary.--In evaluating an 
                application submitted under subparagraph (A), the 
                Secretary shall consider the extent to which the 
                programs support--
                            ``(i) the transportation goals of--
                                    ``(I) a state of good repair of 
                                transportation facilities;
                                    ``(II) a reduction of bridge 
                                deficiencies, and
                                    ``(III) an improvement of safety;
                            ``(ii) high-use Federal recreational sites 
                        or Federal economic generators; and
                            ``(iii) the resource and asset management 
                        goals of the Secretary of the respective 
                        Federal land management agency.
                    ``(C) Permissive contents.--Applications may 
                include proposed programs the duration of which extend 
                over a multiple-year period to support long-term 
                transportation planning and resource management 
                initiatives.
    ``(c) National Federal Lands Transportation Facility Inventory.--
            ``(1) In general.--The Secretaries of the appropriate 
        Federal land management agencies, in cooperation with the 
        Secretary, shall maintain a comprehensive national inventory of 
        public Federal lands transportation facilities.
            ``(2) Transportation facilities included in the 
        inventories.--To identify the Federal lands transportation 
        system and determine the relative transportation needs among 
        Federal land management agencies, the inventories shall 
        include, at a minimum, facilities that--
                    ``(A) provide access to high-use Federal recreation 
                sites or Federal economic generators, as determined by 
                the Secretary in coordination with the respective 
                Secretaries of the appropriate Federal land management 
                agencies; and
                    ``(B) are owned by 1 of the following agencies:
                            ``(i) The National Park Service.
                            ``(ii) The Forest Service.
                            ``(iii) The United States Fish and Wildlife 
                        Service.
                            ``(iv) The Bureau of Land Management.
                            ``(v) The Corps of Engineers.
            ``(3) Availability.--The inventories shall be made 
        available to the Secretary.
            ``(4) Updates.--The Secretaries of the appropriate Federal 
        land management agencies shall update the inventories of the 
        appropriate Federal land management agencies, as determined by 
        the Secretary after collaborative discussions with the 
        Secretaries of the appropriate Federal land management 
        agencies.
            ``(5) Review.--A decision to add or remove a facility from 
        the inventory shall not be considered a Federal action for 
        purposes of review under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.).
    ``(d) Bicycle Safety.--The Secretary of the appropriate Federal 
land management agency shall prohibit the use of bicycles on each 
federally owned road that has a speed limit of 30 miles per hour or 
greater and an adjacent paved path for use by bicycles within 100 yards 
of the road.
``Sec. 204. Federal lands access program
    ``(a) Use of Funds.--
            ``(1) In general.--Funds made available under the Federal 
        lands access program shall be used by the Secretary of 
        Transportation and the Secretary of the appropriate Federal 
        land management agency to pay the cost of--
                    ``(A) transportation planning, research, 
                engineering, preventive maintenance, rehabilitation, 
                restoration, construction, and reconstruction of 
                Federal lands access transportation facilities located 
                on or adjacent to, or that provide access to, Federal 
                land, and--
                            ``(i) adjacent vehicular parking areas;
                            ``(ii) acquisition of necessary scenic 
                        easements and scenic or historic sites;
                            ``(iii) provisions for pedestrians and 
                        bicycles;
                            ``(iv) environmental mitigation in or 
                        adjacent to Federal land--
                                    ``(I) to improve public safety and 
                                reduce vehicle-caused wildlife 
                                mortality while maintaining habitat 
                                connectivity; and
                                    ``(II) to mitigate the damage to 
                                wildlife, aquatic organism passage, 
                                habitat, and ecosystem connectivity, 
                                including the costs of constructing, 
                                maintaining, replacing, or removing 
                                culverts and bridges, as appropriate;
                            ``(v) construction and reconstruction of 
                        roadside rest areas, including sanitary and 
                        water facilities; and
                            ``(vi) other appropriate public road 
                        facilities, as determined by the Secretary;
                    ``(B) operation and maintenance of transit 
                facilities; and
                    ``(C) any transportation project eligible for 
                assistance under this title that is within or adjacent 
                to, or that provides access to, Federal land.
            ``(2) Contract.--In connection with an activity described 
        in paragraph (1), the Secretary and the Secretary of the 
        appropriate Federal land management agency may enter into a 
        contract or other appropriate agreement with respect to the 
        activity with--
                    ``(A) a State (including a political subdivision of 
                a State); or
                    ``(B) an Indian tribe.
            ``(3) Administration.--All appropriations for the 
        construction and improvement of Federal lands access 
        transportation facilities shall be administered in conformity 
        with regulations and agreements approved by the Secretary.
            ``(4) Cooperation.--
                    ``(A) In general.--The cooperation of States, 
                counties, or other local subdivisions may be accepted 
                in construction and improvement.
                    ``(B) Funds received.--Any funds received from a 
                State, county, or local subdivision for a Federal lands 
                access transportation facility project shall be 
                credited to appropriations available under the Federal 
                lands access program.
            ``(5) Competitive bidding.--
                    ``(A) In general.--Subject to subparagraph (B), 
                construction of each project shall be performed by 
                contract awarded by competitive bidding.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                if the Secretary or the Secretary of the appropriate 
                Federal land management agency affirmatively finds 
                that, under the circumstances relating to the project, 
                a different method is in the public interest.
    ``(b) Program Distributions.--
            ``(1) In general.--Funding made available to carry out the 
        Federal lands access program shall be allocated among those 
        States that have Federal land, in accordance with the following 
        formula:
                    ``(A) 80 percent of the available funding for use 
                in those States that contain at least 1 \1/2\ percent 
                of the total public land in the United States managed 
                by the agencies described in paragraph (2), to be 
                distributed as follows:
                            ``(i) 30 percent in the ratio that--
                                    ``(I) recreational visitation 
                                within each such State; bears to
                                    ``(II) the recreational visitation 
                                within all such States.
                            ``(ii) 5 percent in the ratio that--
                                    ``(I) the Federal land area within 
                                each such State; bears to
                                    ``(II) the Federal land area in all 
                                such States.
                            ``(iii) 55 percent in the ratio that--
                                    ``(I) the Federal public road miles 
                                within each such State; bears to
                                    ``(II) the Federal public road 
                                miles in all such States.
                            ``(iv) 10 percent in the ratio that--
                                    ``(I) the number of Federal public 
                                bridges within each such State; bears 
                                to
                                    ``(II) the number of Federal public 
                                bridges in all such States.
                    ``(B) 20 percent of the available funding for use 
                in those States that do not contain at least 1 \1/2\ 
                percent of the total public land in the United States 
                managed by the agencies described in paragraph (2), to 
                be distributed as follows:
                            ``(i) 30 percent in the ratio that--
                                    ``(I) recreational visitation 
                                within each such State; bears to
                                    ``(II) the recreational visitation 
                                within all such States.
                            ``(ii) 5 percent in the ratio that--
                                    ``(I) the Federal land area within 
                                each such State; bears to
                                    ``(II) the Federal land area in all 
                                such States.
                            ``(iii) 55 percent in the ratio that--
                                    ``(I) the Federal public road miles 
                                within each such State; bears to
                                    ``(II) the Federal public road 
                                miles in all such States.
                            ``(iv) 10 percent in the ratio that--
                                    ``(I) the number of Federal public 
                                bridges within each such State; bears 
                                to
                                    ``(II) the number of Federal public 
                                bridges in all such States.
            ``(2) Data source.--Data necessary to distribute funding 
        under paragraph (1) shall be provided by the following Federal 
        land management agencies:
                    ``(A) The National Park Service.
                    ``(B) The Forest Service.
                    ``(C) The United States Fish and Wildlife Service.
                    ``(D) The Bureau of Land Management.
                    ``(E) The Corps of Engineers.
    ``(c) Programming Decisions Committee.--
            ``(1) In general.--Programming decisions shall be made 
        within each State by a committee comprised of--
                    ``(A) a representative of the Federal Highway 
                Administration;
                    ``(B) a representative of the State Department of 
                Transportation; and
                    ``(C) a representative of any appropriate political 
                subdivision of the State.
            ``(2) Consultation requirement.--The committee described in 
        paragraph (1) shall consult with each applicable Federal agency 
        in each State before any joint discussion or final programming 
        decision.
            ``(3) Project preference.--In making a programming decision 
        under paragraph (1), the committee shall give preference to 
        projects that provide access to, are adjacent to, or are 
        located within high-use Federal recreation sites or Federal 
        economic generators, as identified by the Secretaries of the 
        appropriate Federal land management agencies.''.
    (b) Public Lands Development Roads and Trails.--Section 214 of 
title 23, United States Code, is repealed.
    (c) Conforming Amendments.--
            (1) Chapter 2 analysis.--The analysis for chapter 2 of 
        title 23, United States Code, is amended:
                    (A) By striking the items relating to sections 201 
                through 204 and inserting the following:

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

SEC. 1117. ALASKA HIGHWAY.

    Section 218 of title 23, United States Code, is amended to read as 
follows:
``Sec. 218. Alaska Highway
    ``(a) Definition of Alaska Marine Highway System.--In this section, 
the term `Alaska Marine Highway System' includes each existing or 
planned transportation facility and equipment in the State of Alaska 
relating to the ferry system of the State, including the lease, 
purchase, or construction of vessels, terminals, docks, floats, ramps, 
staging areas, parking lots, bridges, and approaches thereto, and 
necessary roads.
    ``(b) Authorization of Secretary.--
            ``(1) In general.--Recognizing the benefits that will 
        accrue to the State of Alaska and to the United States from the 
        reconstruction of the Alaska Highway from the Alaskan border to 
        Haines Junction in Canada and the Haines Cutoff Highway from 
        Haines Junction in Canada to Haines, the Secretary is 
        authorized, upon agreement with the State of Alaska, to expend 
        on such highway or the Alaska Marine Highway System any 
        Federal-aid highway funds apportioned to the State of Alaska 
        under this title to provide for necessary reconstruction of 
        such highway.
            ``(2) Limitation.--No expenditures shall be made for the 
        construction of the portion of the highways that are in located 
        in Canada until the date on which an agreement has been reached 
        by the Government of Canada and the Government of the United 
        States, which shall provide in part, that the Canadian 
        Government--
                    ``(A) will provide, without participation of funds 
                authorized under this title, all necessary right-of-way 
                for the construction of the highways;
                    ``(B) will not impose any highway toll, or permit 
                any toll to be charged for the use of the highways by 
                vehicles or persons;
                    ``(C) will not levy or assess, directly or 
                indirectly, any fee, tax, or other charge for the use 
                of the highways by vehicles or persons from the United 
                States that does not apply equally to vehicles or 
                persons of Canada;
                    ``(D) will continue to grant reciprocal recognition 
                of vehicle registration and drivers' licenses in 
                accordance with agreements between the United States 
                and Canada; and
                    ``(E) will maintain the highways after the date of 
                completion of the highways in proper condition 
                adequately to serve the needs of present and future 
                traffic.
    ``(c) Supervision of Secretary.--The survey and construction work 
undertaken in Canada pursuant to this section shall be under the 
general supervision of the Secretary.''.

SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

    (a) Establishment of Program.--The Secretary shall establish a 
program in accordance with this section to provide grants for projects 
of national and regional significance.
    (b) Purpose of Program.--The purpose of the projects of national 
and regional significance program shall be to fund critical high-cost 
surface transportation infrastructure projects that are difficult to 
complete with existing Federal, State, local, and private funds and 
that will--
            (1) generate national and regional economic benefits and 
        increase global economic competitiveness;
            (2) reduce congestion and its impacts;
            (3) improve roadways vital to national energy security;
            (4) improve movement of freight and people; and
            (5) improve transportation safety.
    (c) Definitions.--In this section:
            (1) Eligible applicant.--The term ``eligible applicant'' 
        means a State department of transportation or a group of State 
        departments of transportation, a local government, a tribal 
        government or consortium of tribal governments, a transit 
        agency, a port authority, a metropolitan planning organization, 
        other political subdivisions of State or local governments, or 
        a multi-State or multi-jurisdictional group of the 
        aforementioned entities.
            (2) Eligible project.--The term ``eligible project'' means 
        a surface transportation project or a program of integrated 
        surface transportation projects closely related in the function 
        they perform that--
                    (A) is a capital project or projects--
                            (i) eligible for Federal financial 
                        assistance under title 23, United States Code, 
                        or under chapter 53 of title 49, United States 
                        Code; or
                            (ii) for surface transportation 
                        infrastructure to facilitate intermodal 
                        interchange, transfer, and access into and out 
                        of intermodal facilities, including ports; and
                    (B) has eligible project costs that are reasonably 
                anticipated to equal or exceed the lesser of--
                            (i) $500,000,000;
                            (ii) for a project located in a single 
                        State, 60 percent of the amount of Federal-aid 
                        highway funds apportioned for the most recently 
                        completed fiscal year to the State; or
                            (iii) for a project located in more than 1 
                        State, 75 percent of the amount of Federal-aid 
                        highway funds apportioned for the most recently 
                        completed fiscal year to the State that has the 
                        largest apportionment.
            (3) Eligible project costs.--The term ``eligible project 
        costs'' means the costs of--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities;
                    (B) construction, reconstruction, rehabilitation, 
                and acquisition of real property (including land 
                related to the project and improvements to land), 
                environmental mitigation, construction contingencies, 
                acquisition of equipment directly related to improving 
                system performance, and operational improvements; and
                    (C) all financing costs, including subsidy costs 
                under the Transportation Infrastructure Finance and 
                Innovation Act program.
    (d) Solicitations and Applications.--
            (1) Grant solicitations.--The Secretary shall establish 
        criteria for project evaluation and conduct a transparent and 
        competitive national solicitation process to select projects 
        for funding to carry out the purposes of this section.
            (2) Applications.--
                    (A) In general.--An eligible applicant seeking a 
                grant under this section for an eligible project shall 
                submit an application to the Secretary in such form and 
                in accordance with such requirements as the Secretary 
                shall establish.
                    (B) Contents.--An application under this subsection 
                shall, at a minimum, include data on current system 
                performance and estimated system improvements that will 
                result from completion of the eligible project, 
                including projections for 2, 7, and 15 years after 
                completion.
                    (C) Resubmission of applications.--An eligible 
                applicant whose project is not selected by the 
                Secretary may resubmit an application in any subsequent 
                solicitation.
    (e) Criteria for Project Evaluation and Selection.--
            (1) In general.--The Secretary may select a project only if 
        the Secretary determines that the project--
                    (A) will significantly improve the performance of 
                the national surface transportation network, nationally 
                or regionally;
                    (B) is based on the results of preliminary 
                engineering;
                    (C) cannot be readily and efficiently completed 
                without Federal support from this program;
                    (D) is justified based on the ability of the 
                project--
                            (i) to generate national economic benefits 
                        that reasonably exceed its costs, including 
                        increased access to jobs, labor, and other 
                        critical economic inputs;
                            (ii) to reduce long-term congestion, 
                        including impacts in the State, region, and 
                        Nation, and increase speed, reliability, and 
                        accessibility of the movement of people or 
                        freight; and
                            (iii) to improve transportation safety, 
                        including reducing transportation accidents, 
                        injuries, and fatalities; and
                    (E) is supported by an acceptable degree of non-
                Federal financial commitments, including evidence of 
                stable and dependable financing sources to construct, 
                maintain, and operate the infrastructure facility.
            (2) Additional considerations.--In evaluating a project 
        under this section, in addition to the criteria in paragraph 
        (1), the Secretary shall consider the extent to which the 
        project--
                    (A) leverages Federal investment by encouraging 
                non-Federal contributions to the project, including 
                contributions from public-private partnerships;
                    (B) is able to begin construction within 18 months 
                of being selected;
                    (C) incorporates innovative project delivery and 
                financing where practical;
                    (D) stimulates collaboration between States and 
                among State and local governments;
                    (E) helps maintain or protect the environment;
                    (F) improves roadways vital to national energy 
                security;
                    (G) uses innovative technologies, including 
                intelligent transportation systems, that enhance the 
                efficiency of the project; and
                    (H) contributes to an equitable geographic 
                distribution of funds and an appropriate balance in 
                addressing the needs of urban and rural communities.
    (f) Grant Requirements.--
            (1) In general.--A grant for a project under this section 
        shall be subject to the following requirements:
                    (A) A qualifying highway project eligible for 
                funding under title 23, United States Code, or public 
                transportation project eligible under chapter 53 of 
                title 49, United States Code, shall comply with all 
                applicable requirements of such title or chapter except 
                that, if the project contains elements or activities 
                that are not eligible for funding under such title or 
                chapter but are eligible for funding under this 
                section, the elements or activities shall comply with 
                the requirements described in subparagraph (B).
                    (B) A qualifying surface transportation project not 
                eligible under title 23, United States Code, or chapter 
                53 of title 49, United States Code, shall comply with 
                the requirements of subchapter IV of chapter 31 of 
                title 40, United States Code, section 10a-d of title 
                41, United States Code, and such other terms, 
                conditions, and requirements as the Secretary 
                determines are necessary and appropriate for the type 
                of project.
            (2) Determination of applicable modal requirements.--In the 
        event that a project has cross-modal components, the Secretary 
        shall have the discretion to designate the requirements that 
        shall apply to the project based on predominant components.
            (3) Other terms and conditions.--The Secretary shall 
        require that all grants under this section be subject to all 
        terms, conditions, and requirements that the Secretary decides 
        are necessary or appropriate for purposes of this section, 
        including requirements for the disposition of net increases in 
        value of real property resulting from the project assisted 
        under this section.
    (g) Federal Share of Project Cost.--The Federal share of funds 
under this section for the project shall be up to 50 percent of the 
project cost. Other eligible Federal transportation funds may be used 
by the project sponsor up to an additional 30 percent of the project 
costs. If a project is to construct or improve a privately owned 
facility or would primarily benefit a private entity, the Federal share 
shall be the lesser of 50 percent of the total project cost or the 
quantified public benefit of the project. The Secretary may allow costs 
incurred prior to project approval to be used as a credit toward the 
non-Federal share of the cost of the project. Such costs must be 
adequately documented, necessary, reasonable and allocable to the 
current phase of the project and such costs may not be included as a 
cost or used to meet cost sharing or matching requirements of any other 
federally financed project.
    (h) Report to the Secretary.--For each project funded under this 
section, the project sponsor shall reassess system performance and 
report to the Secretary 2, 7, and 15 years after completion of the 
project to assess if the project outcomes have met pre-construction 
projections.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, to remain available until 
expended, $1,000,000,000 for fiscal year 2013.
    (j) Treatment of Projects.--Notwithstanding any other provision of 
law, projects funded under this section shall be treated as projects on 
a Federal-aid system under chapter 1 of title 23, United States Code.

                   Subtitle B--Performance Management

SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

    Section 134 of title 23, United States Code, is amended to read as 
follows:
``Sec. 134. Metropolitan transportation planning
    ``(a) Policy.--It is in the national interest--
            ``(1) to encourage and promote the safe, cost-effective, 
        and efficient management, operation, and development of surface 
        transportation systems that will serve efficiently the mobility 
        needs of individuals and freight, reduce transportation-related 
        fatalities and injuries, and foster economic growth and 
        development within and between States and urbanized areas, 
        while fitting the needs and complexity of individual 
        communities, maximizing value for taxpayers, leveraging 
        cooperative investments, and minimizing transportation-related 
        fuel consumption and air pollution through the metropolitan and 
        statewide transportation planning processes identified in this 
        title;
            ``(2) to encourage the continued improvement, evolution, 
        and coordination of the metropolitan and statewide 
        transportation planning processes by and among metropolitan 
        planning organizations, State departments of transportation, 
        regional planning organizations, interstate partnerships, and 
        public transit and intercity service operators as guided by the 
        planning factors identified in subsection (h) of this section 
        and section 135(d);
            ``(3) to encourage and promote transportation needs and 
        decisions that are integrated with other planning needs and 
        priorities; and
            ``(4) to maximize the effectiveness of transportation 
        investments.
    ``(b) Definitions.--In this section and section 135, the following 
definitions apply:
            ``(1) Existing mpo.--The term `existing MPO' mens a 
        metropolitan planning organization that was designated as a 
        metropolitan planning organization on the day before the date 
        of enactment of the MAP-21.
            ``(2) Local official.--The term `local official' means any 
        elected or appointed official of general purpose local 
        government with responsibility for transportation in a 
        designated area.
            ``(3) Maintenance area.--The term `maintenance area' means 
        an area that was designated as an air quality nonattainment 
        area, but was later redesignated by the Administrator of the 
        Environmental Protection Agency as an air quality attainment 
        area, under section 107(d) of the Clean Air Act (42 U.S.C. 
        7407(d)).
            ``(4) Metropolitan planning area.--The term `metropolitan 
        planning area' means a geographical area determined by 
        agreement between the metropolitan planning organization for 
        the area and the applicable Governor under subsection (c).
            ``(5) Metropolitan planning organization.--The term 
        `metropolitan planning organization' means the policy board of 
        an organization established pursuant to subsection (c).
            ``(6) Metropolitan transportation plan.--The term 
        `metropolitan transportation plan' means a plan developed by a 
        metropolitan planning organization under subsection (i).
            ``(7) Nonattainment area.--The term `nonattainment area' 
        has the meaning given the term in section 171 of the Clean Air 
        Act (42 U.S.C. 7501).
            ``(8) Nonmetropolitan area.--
                    ``(A) In general.--The term `nonmetropolitan area' 
                means a geographical area outside the boundaries of a 
                designated metropolitan planning area.
                    ``(B) Inclusions.--The term `nonmetropolitan area' 
                includes small urbanized and nonurbanized areas.
            ``(9) Nonmetropolitan planning organization.--
                    ``(A) In general.--The term `nonmetropolitan 
                planning organization' means an organization designated 
                by a State to enhance the planning, coordination, and 
                implementation of statewide transportation plans and 
                programs in a nonmetropolitan area, with an emphasis on 
                addressing the needs of nonmetropolitan areas of the 
                State.
                    ``(B) Inclusion.--The term `nonmetropolitan 
                planning organization' includes a rural planning 
                organization.
            ``(10) Regionally significant.--The term `regionally 
        significant', with respect to a transportation project, 
        program, service, or strategy, means a project, program, 
        service, or strategy that--
                    ``(A) serves regional transportation needs (such as 
                access to and from the area outside of the region, 
                major activity centers in the region, and major planned 
                developments); and
                    ``(B) would normally be included in the modeling of 
                a transportation network of a metropolitan area.
            ``(11) Statewide transportation improvement program.--The 
        term `statewide transportation improvement program' means a 
        statewide transportation improvement program developed by a 
        State under section 135(g).
            ``(12) Statewide transportation plan.--The term `statewide 
        transportation plan' means a plan developed by a State under 
        section 135(f).
            ``(13) Transportation improvement program.--The term 
        `transportation improvement program' means a program developed 
        by a metropolitan planning organization under subsection (j).
            ``(14) Urbanized area.--The term `urbanized area' means a 
        geographical area with a population of 50,000 or more 
        individuals, as determined by the Bureau of the Census.
    ``(c) Designation of Metropolitan Planning Organizations.--
            ``(1) In general.--To carry out the metropolitan 
        transportation planning process under this section, a 
        metropolitan planning organization shall be designated for each 
        urbanized area with a population of more than 200,000 
        individuals--
                    ``(A) by agreement between the applicable Governor 
                and local officials that, in the aggregate, represent 
                at least 75 percent of the affected population 
                (including the largest incorporated city (based on 
                population), as determined by the Bureau of the 
                Census); or
                    ``(B) in accordance with procedures established by 
                applicable State or local law.
            ``(2) Small urbanized areas.--To carry out the metropolitan 
        transportation planning process under this section, a 
        metropolitan planning organization may be designated for any 
        urbanized area with a population of more than 50,000, but less 
        than 200,000, individuals--
                    ``(A) by agreement between the applicable Governor 
                and local officials that, in the aggregate, represent 
                at least 75 percent of the affected population 
                (including the largest incorporated city (based on 
                population), as determined by the Bureau of the 
                Census); and
                    ``(B) with the consent of the Secretary, based on a 
                finding that the resulting metropolitan planning 
                organization has met the minimum requirements under 
                subsection (e)(4)(B).
            ``(3) Structure.--Effective beginning on the date of 
        designation or redesignation under this subsection, a 
        metropolitan planning organization shall consist of--
                    ``(A) elected local officials in the relevant 
                metropolitan area;
                    ``(B) officials of public agencies that administer 
                or operate major modes of transportation in the 
                relevant metropolitan area; and
                    ``(C) appropriate State officials.
            ``(4) Effect of subsection.--Nothing in this subsection 
        interferes with any authority under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities--
                    ``(A) to develop the metropolitan transportation 
                plans and transportation improvement programs for 
                adoption by a metropolitan planning organization; or
                    ``(B) to develop capital plans, coordinate transit 
                services and projects, or carry out other activities 
                pursuant to State law.
            ``(5) Continuing designation.--A designation of a 
        metropolitan planning organization under this subsection or any 
        other provision of law--
                    ``(A) for an urbanized area with a population of 
                200,000 or more individuals shall remain in effect--
                            ``(i) for the period during which the 
                        structure of the existing MPO complies with the 
                        requirements of paragraph (1); or
                            ``(ii) until the date on which the existing 
                        MPO is redesignated under paragraph (7); and
                    ``(B) for an urbanized area with a population of 
                less than 200,000 individuals, shall be terminated on 
                the date that is 3 years after the date on which the 
                Secretary promulgates a regulation pursuant to 
                subsection (e)(4)(B)(i), unless reaffirmed by the 
                existing MPO and the applicable Governor and approved 
                by the Secretary, on the basis of meeting the minimum 
                requirements established by the regulation.
            ``(6) Extension.--
                    ``(A) In general.--If the applicable Governor, 
                acting on behalf of a metropolitan planning 
                organization for an urbanized area with a population of 
                less than 200,000 that would otherwise be terminated 
                under paragraph (5)(B), requests a probationary 
                continuation before the termination of the metropolitan 
                planning organization, the Secretary shall--
                            ``(i) delay the termination of the 
                        metropolitan planning organization under 
                        paragraph (5)(B) for a period of 1 year; and
                            ``(ii) provide additional technical 
                        assistance to all metropolitan planning 
                        organizations provided an extension under this 
                        paragraph to assist the metropolitan planning 
                        organization in meeting the minimum 
                        requirements under subsection (e)(4)(B)(i).
                    ``(B) Designation as tier ii mpo.--If the Secretary 
                determines the metropolitan planning organization has 
                met the minimum requirements under subsection 
                (e)(4)(B)(i) before the final termination date, the 
                metropolitan planning organization shall be designated 
                as a tier II MPO.
            ``(7) Redesignation.--The designation of a metropolitan 
        planning organization under this subsection shall remain in 
        effect until the date on which the metropolitan planning 
        organization is redesignated, as appropriate, in accordance 
        with the requirements of this subsection pursuant to an 
        agreement between--
                    ``(A) the applicable Governor; and
                    ``(B) affected local officials who, in the 
                aggregate, represent at least 75 percent of the 
                existing metropolitan planning area population 
                (including the largest incorporated city (based on 
                population), as determined by the Bureau of the 
                Census).
            ``(8) Designation of multiple mpos.--
                    ``(A) In general.--More than 1 metropolitan 
                planning organization may be designated within an 
                existing metropolitan planning area only if the 
                applicable Governor and an existing MPO determine that 
                the size and complexity of the existing metropolitan 
                planning area make the designation of more than 1 
                metropolitan planning organization for the metropolitan 
                planning area appropriate.
                    ``(B) Service jurisdictions.--If more than 1 
                metropolitan planning organization is designated for an 
                existing metropolitan planning area under subparagraph 
                (A), the existing metropolitan planning area shall be 
                split into multiple metropolitan planning areas, each 
                of which shall be served by the existing MPO or a new 
                metropolitan planning organization.
                    ``(C) Tier designation.--The tier designation of 
                each metropolitan planning organization subject to a 
                designation under this paragraph shall be determined 
                based on the size of each respective metropolitan 
                planning area, in accordance with subsection (e)(4).
    ``(d) Metropolitan Planning Area Boundaries.--
            ``(1) In general.--For purposes of this section, the 
        boundaries of a metropolitan planning area shall be determined 
        by agreement between the applicable metropolitan planning 
        organization and the Governor of the State in which the 
        metropolitan planning area is located.
            ``(2) Included area.--Each metropolitan planning area--
                    ``(A) shall encompass at least the relevant 
                existing urbanized area and any contiguous area 
                expected to become urbanized within a 20-year forecast 
                period under the applicable metropolitan transportation 
                plan; and
                    ``(B) may encompass the entire relevant 
                metropolitan statistical area, as defined by the Office 
                of Management and Budget.
            ``(3) Identification of new urbanized areas.--The 
        designation by the Bureau of the Census of a new urbanized area 
        within the boundaries of an existing metropolitan planning area 
        shall not require the redesignation of the relevant existing 
        MPO.
            ``(4) Nonattainment and maintenance areas.--
                    ``(A) Existing metropolitan planning areas.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), notwithstanding paragraph (2), in 
                        the case of an urbanized area designated as a 
                        nonattainment area or maintenance area as of 
                        the date of enactment of the MAP-21, the 
                        boundaries of the existing metropolitan 
                        planning area as of that date of enactment 
                        shall remain in force and effect.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), the boundaries of an existing metropolitan 
                        planning area described in that clause may be 
                        adjusted by agreement of the applicable 
                        Governor and the affected metropolitan planning 
                        organizations in accordance with subsection 
                        (c)(5).
                    ``(B) New metropolitan planning areas.--In the case 
                of an urbanized area designated as a nonattainment area 
                or maintenance area after the date of enactment of the 
                MAP-21, the boundaries of the applicable metropolitan 
                planning area--
                            ``(i) shall be established in accordance 
                        with subsection (c)(1);
                            ``(ii) shall encompass the areas described 
                        in paragraph (2)(A);
                            ``(iii) may encompass the areas described 
                        in paragraph (2)(B); and
                            ``(iv) may address any appropriate 
                        nonattainment area or maintenance area.
    ``(e) Requirements.--
            ``(1) Development of plans and tips.--To accomplish the 
        policy objectives described in subsection (a), each 
        metropolitan planning organization, in cooperation with the 
        applicable State and public transportation operators, shall 
        develop metropolitan transportation plans and transportation 
        improvement programs for metropolitan planning areas of the 
        State through a performance-driven, outcome-based approach to 
        metropolitan transportation planning consistent with subsection 
        (h)(2).
            ``(2) Contents.--The metropolitan transportation plans and 
        transportation improvement programs for each metropolitan area 
        shall provide for the development and integrated management and 
        operation of transportation systems and facilities (including 
        accessible pedestrian walkways, bicycle transportation 
        facilities, and intermodal facilities that support intercity 
        transportation) that will function as--
                    ``(A) an intermodal transportation system for the 
                metropolitan planning area; and
                    ``(B) an integral part of an intermodal 
                transportation system for the applicable State and the 
                United States.
            ``(3) Process of development.--The process for developing 
        metropolitan transportation plans and transportation 
        improvement programs shall--
                    ``(A) provide for consideration of all modes of 
                transportation; and
                    ``(B) be continuing, cooperative, and comprehensive 
                to the degree appropriate, based on the complexity of 
                the transportation needs to be addressed.
            ``(4) Tiering.--
                    ``(A) Tier i mpos.--
                            ``(i) In general.--A metropolitan planning 
                        organization shall be designated as a tier I 
                        MPO if--
                                    ``(I) as certified by the Governor 
                                of each applicable State, the 
                                metropolitan planning organization 
                                operates within, and primarily serves, 
                                a metropolitan planning area with a 
                                population of 1,000,000 or more 
                                individuals, as calculated according to 
                                the most recent decennial census; and
                                    ``(II) the Secretary determines the 
                                metropolitan planning organization--
                                            ``(aa) meets the minimum 
                                        technical requirements under 
                                        clause (iv); and
                                            ``(bb) not later than 2 
                                        years after the date of 
                                        enactment of the MAP-21, will 
                                        fully implement the processes 
                                        described in subsections (h) 
                                        though (j).
                            ``(ii) Absence of designation.--In the 
                        absence of designation as a tier I MPO under 
                        clause (i), a metropolitan planning 
                        organization shall operate as a tier II MPO 
                        until the date on which the Secretary 
                        determines the metropolitan planning 
                        organization can meet the minimum technical 
                        requirements under clause (iv).
                            ``(iii) Redesignation as tier i.--A 
                        metropolitan planning organization operating 
                        within a metropolitan planning area with a 
                        population of less than 1,000,000, but more 
                        than 200,000, individuals and primarily within 
                        urbanized areas with populations of more than 
                        200,000 individuals, as calculated according to 
                        the most recent decennial census, that is 
                        designated as a tier II MPO under subparagraph 
                        (B) may request, with the support of the 
                        applicable Governor, a redesignation as a tier 
                        I MPO on a determination by the Secretary that 
                        the metropolitan planning organization has met 
                        the minimum technical requirements under clause 
                        (iv).
                            ``(iv) Minimum technical requirements.--Not 
                        later than 1 year after the date of enactment 
                        of the MAP-21, the Secretary shall publish a 
                        regulation that establishes the minimum 
                        technical requirements necessary for a 
                        metropolitan planning organization to be 
                        designated as a tier I MPO, including, at a 
                        minimum, modeling, data, staffing, and other 
                        technical requirements.
                    ``(B) Tier ii mpos.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the MAP-21, the 
                        Secretary shall publish a regulation that 
                        establishes minimum requirements necessary for 
                        a metropolitan planning organization to be 
                        designated as a tier II MPO.
                            ``(ii) Requirements.--The minimum 
                        requirements established under clause (i) 
                        shall--
                                    ``(I) ensure that each metropolitan 
                                planning organization has the 
                                capabilities necessary to develop the 
                                metropolitan transportation plan and 
                                transportation improvement program 
                                under this section; and
                                    ``(II) include--
                                            ``(aa) only the staff 
                                        resources necessary to operate 
                                        the metropolitan planning 
                                        organization; and
                                            ``(bb) a requirement that 
                                        the metropolitan planning 
                                        organization has the technical 
                                        capacity to conduct the 
                                        modeling necessary to fulfill 
                                        the requirements of this 
                                        section, except that in cases 
                                        in which a metropolitan 
                                        planning organization has a 
                                        formal agreement with a State 
                                        to conduct the modeling on 
                                        behalf of the metropolitan 
                                        planning organization, the 
                                        metropolitan planning 
                                        organization shall be exempt 
                                        from the technical capacity 
                                        requirement.
                            ``(iii) Inclusion.--A metropolitan planning 
                        organization operating primarily within an 
                        urbanized area with a population of more than 
                        200,000 individuals, as calculated according to 
                        the most recent decennial census, and that does 
                        not qualify as a tier I MPO under subparagraph 
                        (A)(i), shall--
                                    ``(I) be designated as a tier II 
                                MPO; and
                                    ``(II) follow the processes under 
                                subsection (k).
                    ``(C) Small urbanized areas.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of publication of the regulation 
                        under subparagraph (B)(i), any existing MPO 
                        operating primarily within an urbanized area 
                        with a population of fewer than 200,000, but 
                        more than 50,000, individuals (as determined 
                        before the date of enactment of the MAP-21), 
                        with the support of the applicable Governor, 
                        may request designation as a tier II MPO on a 
                        determination by the Secretary that the 
                        metropolitan planning organization has met the 
                        minimum requirements under subparagraph (B)(i).
                            ``(ii) Absence of designation.--A 
                        metropolitan planning organization that is the 
                        subject of a negative determination of the 
                        Secretary under clause (i) shall submit to the 
                        State in which the metropolitan planning 
                        organization is located, or to a planning 
                        organization designated by the State, by not 
                        later than 180 days after the date on which a 
                        notice of the negative determination is 
                        received, a 6-month plan that includes a 
                        description of a method--
                                    ``(I) to transfer the 
                                responsibilities of the metropolitan 
                                planning organization to the State; and
                                    ``(II) to dissolve the metropolitan 
                                planning organization.
                            ``(iii) Action on dissolution.--On 
                        submission of a plan under clause (ii), the 
                        metropolitan planning area served by the 
                        applicable metropolitan planning organization 
                        shall--
                                    ``(I) continue to receive 
                                metropolitan transportation planning 
                                funds until the earlier of--
                                            ``(aa) the date of 
                                        dissolution of the metropolitan 
                                        planning organization; and
                                            ``(bb) the date that is 4 
                                        years after the date of 
                                        enactment of the MAP-21; and
                                    ``(II) be treated by the State as a 
                                nonmetropolitan area for purposes of 
                                this title.
                    ``(D) Consolidation.--
                            ``(i) In general.--Metropolitan planning 
                        organizations operating within contiguous or 
                        adjacent urbanized areas may elect to 
                        consolidate in order to meet the population 
                        thresholds required to achieve designation as a 
                        tier I or tier II MPO under this paragraph.
                            ``(ii) Effect of subsection.--Nothing in 
                        this subsection requires or prevents 
                        consolidation among multiple metropolitan 
                        planning organizations located within a single 
                        urbanized area.
    ``(f) Coordination in Multistate Areas.--
            ``(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a multistate 
        metropolitan area and the appropriate metropolitan planning 
        organizations to provide coordinated transportation planning 
        for the entire metropolitan area.
            ``(2) Coordination along designated transportation 
        corridors.--The Secretary shall encourage each Governor with 
        responsibility for a portion of a multistate metropolitan area 
        and the appropriate metropolitan planning organizations to 
        provide coordinated transportation planning for the entire 
        designated transportation corridor.
            ``(3) Coordination with interstate compacts.--The Secretary 
        shall encourage metropolitan planning organizations to take 
        into consideration, during the development of metropolitan 
        transportation plans and transportation improvement programs, 
        any relevant transportation studies concerning planning for 
        regional transportation (including high-speed and intercity 
        rail corridor studies, commuter rail corridor studies, 
        intermodal terminals, and interstate highways) in support of 
        freight, intercity, or multistate area projects and services 
        that have been developed pursuant to interstate compacts or 
        agreements, or by organizations established under section 135.
    ``(g) Engagement in Metropolitan Transportation Plan and TIP 
Development.--
            ``(1) Nonattainment and maintenance areas.--If more than 1 
        metropolitan planning organization has authority within a 
        metropolitan area, nonattainment area, or maintenance area, 
        each metropolitan planning organization shall consult with each 
        other metropolitan planning organization designated for the 
        metropolitan area, nonattainment area, or maintenance area and 
        the State in the development of metropolitan transportation 
        plans and transportation improvement programs under this 
        section.
            ``(2) Transportation improvements located in multiple 
        metropolitan planning areas.--If a transportation improvement 
        project funded under this title or chapter 53 of title 49 is 
        located within the boundaries of more than 1 metropolitan 
        planning area, the affected metropolitan planning organizations 
        shall coordinate metropolitan transportation plans and 
        transportation improvement programs regarding the project.
            ``(3) Coordination of adjacent planning organizations.--
                    ``(A) In general.--A metropolitan planning 
                organization that is adjacent or located in reasonably 
                close proximity to another metropolitan planning 
                organization shall coordinate with that metropolitan 
                planning organization with respect to planning 
                processes, including preparation of metropolitan 
                transportation plans and transportation improvement 
                programs, to the maximum extent practicable.
                    ``(B) Nonmetropolitan planning organizations.--A 
                metropolitan planning organization that is adjacent or 
                located in reasonably close proximity to a 
                nonmetropolitan planning organization shall consult 
                with that nonmetropolitan planning organization with 
                respect to planning processes, to the maximum extent 
                practicable.
            ``(4) Relationship with other planning officials.--
                    ``(A) In general.--The Secretary shall encourage 
                each metropolitan planning organization to cooperate 
                with Federal, tribal, State, and local officers and 
                entities responsible for other types of planning 
                activities that are affected by transportation in the 
                relevant area (including planned growth, economic 
                development, infrastructure services, housing, other 
                public services, environmental protection, airport 
                operations, high-speed and intercity passenger rail, 
                freight rail, port access, and freight movements), to 
                the maximum extent practicable, to ensure that the 
                metropolitan transportation planning process, 
                metropolitan transportation plans, and transportation 
                improvement programs are developed in cooperation with 
                other related planning activities in the area.
                    ``(B) Inclusion.--Cooperation under subparagraph 
                (A) shall include the design and delivery of 
                transportation services within the metropolitan area 
                that are provided by--
                            ``(i) recipients of assistance under 
                        sections 202, 203, and 204;
                            ``(ii) recipients of assistance under 
                        chapter 53 of title 49;
                            ``(iii) government agencies and nonprofit 
                        organizations (including representatives of the 
                        agencies and organizations) that receive 
                        Federal assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; and
                            ``(iv) sponsors of regionally significant 
                        programs, projects, and services that are 
                        related to transportation and receive 
                        assistance from any public or private source.
            ``(5) Coordination of other federally required planning 
        programs.--The Secretary shall encourage each metropolitan 
        planning organization to coordinate, to the maximum extent 
        practicable, the development of metropolitan transportation 
        plans and transportation improvement programs with other 
        relevant federally required planning programs.
    ``(h) Scope of Planning Process.--
            ``(1) In general.--The metropolitan transportation planning 
        process for a metropolitan planning area under this section 
        shall provide for consideration of projects and strategies that 
        will--
                    ``(A) support the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, productivity, and efficiency;
                    ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                    ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                    ``(D) increase the accessibility and mobility of 
                individuals and freight;
                    ``(E) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                    ``(F) enhance the integration and connectivity of 
                the transportation system, across and between modes, 
                for individuals and freight;
                    ``(G) increase efficient system management and 
                operation; and
                    ``(H) emphasize the preservation of the existing 
                transportation system.
            ``(2) Performance-based approach.--
                    ``(A) In general.--The metropolitan transportation 
                planning process shall provide for the establishment 
                and use of a performance-based approach to 
                transportation decisionmaking to support the national 
                goals described in section 150(b).
                    ``(B) Performance targets.--
                            ``(i) In general.--Each metropolitan 
                        planning organization shall establish 
                        performance targets that address the 
                        performance measures described in sections 
                        119(f), 148(h), 149(k), and 167(i) to use in 
                        tracking attainment of critical outcomes for 
                        the region of the metropolitan planning 
                        organization.
                            ``(ii) Coordination.--Selection of 
                        performance targets by a metropolitan planning 
                        organization shall be coordinated with the 
                        relevant State to ensure consistency, to the 
                        maximum extent practicable.
                    ``(C) Timing.--Each metropolitan planning 
                organization shall establish the performance targets 
                under subparagraph (B) not later than 90 days after the 
                date of establishment by the relevant State of 
                performance targets pursuant to sections 119(f), 
                148(h), 149(k), and 167(i).
                    ``(D) Integration of other performance-based 
                plans.--A metropolitan planning organization shall 
                integrate in the metropolitan transportation planning 
                process, directly or by reference, the goals, 
                objectives, performance measures, and targets described 
                in this paragraph into other State plans and processes 
                required as part of a performance-based program, 
                including plans such as--
                            ``(i) the State National Highway System 
                        asset management plan;
                            ``(ii) the State strategic highway safety 
                        plan;
                            ``(iii) the congestion mitigation and air 
                        quality performance plan;
                            ``(iv) the national freight strategic plan; 
                        and
                            ``(v) the statewide transportation plan.
                    ``(E) Use of performance measures and targets.--The 
                performance measures and targets established under this 
                paragraph shall be used, at a minimum, by the relevant 
                metropolitan planning organization as the basis for 
                development of policies, programs, and investment 
                priorities reflected in the metropolitan transportation 
                plan and transportation improvement program.
            ``(3) Failure to consider factors.--The failure to take 
        into consideration 1 or more of the factors specified in 
        paragraphs (1) and (2) shall not be subject to review by any 
        court under this title, chapter 53 of title 49, subchapter II 
        of chapter 5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a metropolitan transportation plan, a transportation 
        improvement program, a project or strategy, or the 
        certification of a planning process.
            ``(4) Participation by interested parties.--
                    ``(A) In general.--Each metropolitan planning 
                organization shall provide to affected individuals, 
                public agencies, and other interested parties notice 
                and a reasonable opportunity to comment on the 
                metropolitan transportation plan and transportation 
                improvement program and any relevant scenarios.
                    ``(B) Methods.--In carrying out subparagraph (A), 
                the metropolitan planning organization shall, to the 
                maximum extent practicable--
                            ``(i) develop the metropolitan 
                        transportation plan and transportation 
                        improvement program in consultation with 
                        interested parties, as appropriate, including 
                        by the formation of advisory groups 
                        representative of the community and interested 
                        parties that participate in the development of 
                        the metropolitan transportation plan and 
                        transportation improvement program;
                            ``(ii) hold any public meetings at times 
                        and locations that are, as applicable--
                                    ``(I) convenient; and
                                    ``(II) in compliance with the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12101 et seq.);
                            ``(iii) employ visualization techniques to 
                        describe metropolitan transportation plans and 
                        transportation improvement programs; and
                            ``(iv) make public information available in 
                        appropriate electronically accessible formats 
                        and means, such as the Internet, to afford 
                        reasonable opportunity for consideration of 
                        public information under subparagraph (A).
    ``(i) Development of Metropolitan Transportation Plan.--
            ``(1) Development.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than 5 years after the date 
                of enactment of the MAP-21, and not less frequently 
                than once every 5 years thereafter, each metropolitan 
                planning organization shall prepare and update, 
                respectively, a metropolitan transportation plan for 
                the relevant metropolitan planning area in accordance 
                with this section.
                    ``(B) Exceptions.--A metropolitan planning 
                organization shall prepare or update, as appropriate, 
                the metropolitan transportation plan not less 
                frequently than once every 4 years if the metropolitan 
                planning organization is operating within--
                            ``(i) a nonattainment area; or
                            ``(ii) a maintenance area.
            ``(2) Other requirements.--A metropolitan transportation 
        plan under this section shall--
                    ``(A) be in a form that the Secretary determines to 
                be appropriate;
                    ``(B) have a term of not less than 20 years; and
                    ``(C) contain, at a minimum--
                            ``(i) an identification of the existing 
                        transportation infrastructure, including 
                        highways, local streets and roads, bicycle and 
                        pedestrian facilities, transit facilities and 
                        services, commuter rail facilities and 
                        services, high-speed and intercity passenger 
                        rail facilities and services, freight 
                        facilities (including freight railroad and port 
                        facilities), multimodal and intermodal 
                        facilities, and intermodal connectors that, 
                        evaluated in the aggregate, function as an 
                        integrated metropolitan transportation system;
                            ``(ii) a description of the performance 
                        measures and performance targets used in 
                        assessing the existing and future performance 
                        of the transportation system in accordance with 
                        subsection (h)(2);
                            ``(iii) a description of the current and 
                        projected future usage of the transportation 
                        system, including a projection based on a 
                        preferred scenario, and further including, to 
                        the extent practicable, an identification of 
                        existing or planned transportation rights-of-
                        way, corridors, facilities, and related real 
                        properties;
                            ``(iv) a system performance report 
                        evaluating the existing and future condition 
                        and performance of the transportation system 
                        with respect to the performance targets 
                        described in subsection (h)(2) and updates in 
                        subsequent system performance reports, 
                        including--
                                    ``(I) progress achieved by the 
                                metropolitan planning organization in 
                                meeting the performance targets in 
                                comparison with system performance 
                                recorded in previous reports;
                                    ``(II) an accounting of the 
                                performance of the metropolitan 
                                planning organization on outlay of 
                                obligated project funds and delivery of 
                                projects that have reached substantial 
                                completion in relation to--
                                            ``(aa) the projects 
                                        included in the transportation 
                                        improvement program; and
                                            ``(bb) the projects that 
                                        have been removed from the 
                                        previous transportation 
                                        improvement program; and
                                    ``(III) when appropriate, an 
                                analysis of how the preferred scenario 
                                has improved the conditions and 
                                performance of the transportation 
                                system and how changes in local 
                                policies, investments, and growth have 
                                impacted the costs necessary to achieve 
                                the identified performance targets;
                            ``(v) recommended strategies and 
                        investments for improving system performance 
                        over the planning horizon, including 
                        transportation systems management and 
                        operations strategies, maintenance strategies, 
                        demand management strategies, asset management 
                        strategies, capacity and enhancement 
                        investments, State and local economic 
                        development and land use improvements, 
                        intelligent transportation systems deployment, 
                        and technology adoption strategies, as 
                        determined by the projected support of the 
                        performance targets described in subsection 
                        (h)(2);
                            ``(vi) recommended strategies and 
                        investments to improve and integrate 
                        disability-related access to transportation 
                        infrastructure, including strategies and 
                        investments based on a preferred scenario, when 
                        appropriate;
                            ``(vii) investment priorities for using 
                        projected available and proposed revenues over 
                        the short- and long-term stages of the planning 
                        horizon, in accordance with the financial plan 
                        required under paragraph (4);
                            ``(viii) a description of interstate 
                        compacts entered into in order to promote 
                        coordinated transportation planning in 
                        multistate areas, if applicable;
                            ``(ix) an optional illustrative list of 
                        projects containing investments that--
                                    ``(I) are not included in the 
                                metropolitan transportation plan; but
                                    ``(II) would be so included if 
                                resources in addition to the resources 
                                identified in the financial plan under 
                                paragraph (4) were available;
                            ``(x) a discussion (developed in 
                        consultation with Federal, State, and tribal 
                        wildlife, land management, and regulatory 
                        agencies) of types of potential environmental 
                        and stormwater mitigation activities and 
                        potential areas to carry out those activities, 
                        including activities that may have the greatest 
                        potential to restore and maintain the 
                        environmental functions affected by the 
                        metropolitan transportation plan; and
                            ``(xi) recommended strategies and 
                        investments, including those developed by the 
                        State as part of interstate compacts, 
                        agreements, or organizations, that support 
                        intercity transportation.
            ``(3) Scenario development.--When preparing the 
        metropolitan transportation plan, the metropolitan planning 
        organization may, while fitting the needs and complexity of 
        their community, develop multiple scenarios for consideration 
        as a part of the development of the metropolitan transportation 
        plan, in accordance with the following:
                    ``(A) The scenarios--
                            ``(i) shall include potential regional 
                        investment strategies for the planning horizon;
                            ``(ii) shall include assumed distribution 
                        of population and employment;
                            ``(iii) may include a scenario that, to the 
                        maximum extent practicable, maintains baseline 
                        conditions for the performance measures 
                        identified in subsection (h)(2);
                            ``(iv) may include a scenario that improves 
                        the baseline conditions for as many of the 
                        performance measures under subsection (h)(2) as 
                        possible;
                            ``(v) may include a revenue constrained 
                        scenario based on total revenues reasonable 
                        expected to be available over the 20-year 
                        planning period and assumed population and 
                        employment; and
                            ``(vi) may include estimated costs and 
                        potential revenues available to support each 
                        scenario.
                    ``(B) In addition to the performance measures 
                identified in subsection (h)(2), scenarios developed 
                under this paragraph may be evaluated using locally 
                developed metrics for the following categories:
                            ``(i) Congestion and mobility, including 
                        transportation use by mode.
                            ``(ii) Freight movement.
                            ``(iii) Safety.
                            ``(iv) Efficiency and costs to taxpayers.
            ``(4) Financial plan.--A financial plan referred to in 
        paragraph (2)(C)(vii) shall--
                    ``(A) be prepared by each metropolitan planning 
                organization to support the metropolitan transportation 
                plan; and
                    ``(B) contain a description of each of the 
                following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the metropolitan transportation 
                        plan, including existing and projected system 
                        operating and maintenance needs, proposed 
                        enhancement and expansions to the system, 
                        projected available revenue from Federal, 
                        State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the metropolitan 
                        planning organization, any public 
                        transportation agency, and the State, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        metropolitan transportation plan.
                            ``(iv) Each applicable project only if full 
                        funding can reasonably be anticipated to be 
                        available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(5) Coordination with clean air act agencies.--The 
        metropolitan planning organization for any metropolitan area 
        that is a nonattainment area or maintenance area shall 
        coordinate the development of a transportation plan with the 
        process for development of the transportation control measures 
        of the State implementation plan required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
            ``(6) Publication.--On approval by the relevant 
        metropolitan planning organization, a metropolitan 
        transportation plan involving Federal participation shall be, 
        at such times and in such manner as the Secretary shall 
        require--
                    ``(A) published or otherwise made readily available 
                by the metropolitan planning organization for public 
                review, including (to the maximum extent practicable) 
                in electronically accessible formats and means, such as 
                the Internet; and
                    ``(B) submitted for informational purposes to the 
                applicable Governor.
            ``(7) Consultation.--
                    ``(A) In general.--In each metropolitan area, the 
                metropolitan planning organization shall consult, as 
                appropriate, with Federal, tribal, State, and local 
                agencies responsible for land use management, natural 
                resources, environmental protection, conservation, and 
                historic preservation concerning the development of a 
                metropolitan transportation plan.
                    ``(B) Issues.--The consultation under subparagraph 
                (A) shall involve, as available, consideration of--
                            ``(i) metropolitan transportation plans 
                        with Federal, tribal, State, and local 
                        conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.
            ``(8) Selection of projects from illustrative list.--
        Notwithstanding paragraph (4), a State or metropolitan planning 
        organization shall not be required to select any project from 
        the illustrative list of additional projects included in the 
        metropolitan transportation plan under paragraph (2)(C)(ix).
    ``(j) Transportation Improvement Program.--
            ``(1) Development.--
                    ``(A) In general.--In cooperation with the 
                applicable State and any affected public transportation 
                operator, the metropolitan planning organization 
                designated for a metropolitan area shall develop a 
                transportation improvement program for the metropolitan 
                planning area that--
                            ``(i) contains projects consistent with the 
                        current metropolitan transportation plan;
                            ``(ii) reflects the investment priorities 
                        established in the current metropolitan 
                        transportation plan; and
                            ``(iii) once implemented, will make 
                        significant progress toward achieving the 
                        targets established under subsection (h)(2).
                    ``(B) Opportunity for participation.--In developing 
                the transportation improvement program, the 
                metropolitan planning organization, in cooperation with 
                the State and any affected public transportation 
                operator, shall provide an opportunity for 
                participation by interested parties, in accordance with 
                subsection (h)(4).
                    ``(C) Updating and approval.--The transportation 
                improvement program shall be--
                            ``(i) updated not less frequently than once 
                        every 4 years, on a cycle compatible with the 
                        development of the relevant statewide 
                        transportation improvement program under 
                        section 135; and
                            ``(ii) approved by the applicable Governor.
            ``(2) Contents.--
                    ``(A) Priority list.--The transportation 
                improvement program shall include a priority list of 
                proposed federally supported projects and strategies to 
                be carried out during the 4-year period beginning on 
                the date of adoption of the transportation improvement 
                program, and each 4-year period thereafter, using 
                existing and reasonably available revenues in 
                accordance with the financial plan under paragraph (3).
                    ``(B) Descriptions.--Each project described in the 
                transportation improvement program shall include 
                sufficient descriptive material (such as type of work, 
                termini, length, and other similar factors) to identify 
                the project or phase of the project and the effect that 
                the project or project phase will have in addressing 
                the targets described in subsection (h)(2).
                    ``(C) Performance target achievement.--The 
                transportation improvement program shall include, to 
                the maximum extent practicable, a description of the 
                anticipated effect of the transportation improvement 
                program on attainment of the performance targets 
                established in the metropolitan transportation plan, 
                linking investment priorities to those performance 
                targets.
                    ``(D) Illustrative list of projects.--In developing 
                a transportation improvement program, an optional 
                illustrative list of projects may be prepared 
                containing additional investment priorities that--
                            ``(i) are not included in the 
                        transportation improvement program; but
                            ``(ii) would be so included if resources in 
                        addition to the resources identified in the 
                        financial plan under paragraph (3) were 
                        available.
            ``(3) Financial plan.--A financial plan referred to in 
        paragraph (2)(D)(ii) shall--
                    ``(A) be prepared by each metropolitan planning 
                organization to support the transportation improvement 
                program; and
                    ``(B) contain a description of each of the 
                following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the transportation improvement 
                        program, including existing and projected 
                        system operating and maintenance needs, 
                        proposed enhancement and expansions to the 
                        system, projected available revenue from 
                        Federal, State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the metropolitan 
                        planning organization, any public 
                        transportation agency, and the State, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        transportation improvement program.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(4) Included projects.--
                    ``(A) Projects under this title and chapter 53 of 
                title 49.--A transportation improvement program 
                developed under this subsection for a metropolitan area 
                shall include a description of the projects within the 
                area that are proposed for funding under chapter 1 of 
                this title and chapter 53 of title 49.
                    ``(B) Projects under chapter 2.--
                            ``(i) Regionally significant.--Each 
                        regionally significant project proposed for 
                        funding under chapter 2 shall be identified 
                        individually in the transportation improvement 
                        program.
                            ``(ii) Nonregionally significant.--A 
                        description of each project proposed for 
                        funding under chapter 2 that is not determined 
                        to be regionally significant shall be contained 
                        in 1 line item or identified individually in 
                        the transportation improvement program.
            ``(5) Opportunity for participation.--Before approving a 
        transportation improvement program, a metropolitan planning 
        organization, in cooperation with the State and any affected 
        public transportation operator, shall provide an opportunity 
        for participation by interested parties in the development of 
        the transportation improvement program, in accordance with 
        subsection (h)(4).
            ``(6) Selection of projects.--
                    ``(A) In general.--Each tier I MPO and tier II MPO 
                shall select projects carried out within the boundaries 
                of the applicable metropolitan planning area from the 
                transportation improvement program, in consultation 
                with the relevant State and on concurrence of the 
                affected facility owner, for funds apportioned to the 
                State under section 104(b)(2) and suballocated to the 
                metropolitan planning area under section 133(d).
                    ``(B) CMAQ projects.--Each tier I MPO shall select 
                projects carried out within the boundaries of the 
                applicable metropolitan planning area from the 
                transportation improvement program, in consultation 
                with the relevant State and on concurrence of the 
                affected facility owner, for funds apportioned to the 
                State under section 104(b)(4) and suballocated to the 
                metropolitan planning area under section 149(j).
                    ``(C) Modifications to project priority.--
                Notwithstanding any other provision of law, approval by 
                the Secretary shall not be required to carry out a 
                project included in a transportation improvement 
                program in place of another project in the 
                transportation improvement program.
            ``(7) Publication.--
                    ``(A) In general.--A transportation improvement 
                program shall be published or otherwise made readily 
                available by the applicable metropolitan planning 
                organization for public review in electronically 
                accessible formats and means, such as the Internet.
                    ``(B) Annual list of projects.--An annual list of 
                projects, including investments in pedestrian walkways, 
                bicycle transportation facilities, and intermodal 
                facilities that support intercity transportation, for 
                which Federal funds have been obligated during the 
                preceding fiscal year shall be published or otherwise 
                made available by the cooperative effort of the State, 
                transit operator, and metropolitan planning 
                organization in electronically accessible formats and 
                means, such as the Internet, in a manner that is 
                consistent with the categories identified in the 
                relevant transportation improvement program.
    ``(k) Planning Requirements for Tier II MPOs.--
            ``(1) In general.--The Secretary may provide for the 
        performance-based development of a metropolitan transportation 
        plan and transportation improvement program for the 
        metropolitan planning area of a tier II MPO, as the Secretary 
        determines to be appropriate, taking into account--
                    ``(A) the complexity of transportation needs in the 
                area; and
                    ``(B) the technical capacity of the metropolitan 
                planning organization.
            ``(2) Evaluation of performance-based planning.--In 
        reviewing a tier II MPO under subsection (m), the Secretary 
        shall take into consideration the effectiveness of the tier II 
        MPO in implementing and maintaining a performance-based 
        planning process that--
                    ``(A) addresses the targets described in subsection 
                (h)(2); and
                    ``(B) demonstrates progress on the achievement of 
                those targets.
    ``(l) Certification.--
            ``(1) In general.--The Secretary shall--
                    ``(A) ensure that the metropolitan transportation 
                planning process of a metropolitan planning 
                organization is being carried out in accordance with 
                applicable Federal law; and
                    ``(B) subject to paragraph (2), certify, not less 
                frequently than once every 4 years, that the 
                requirements of subparagraph (A) are met with respect 
                to the metropolitan transportation planning process.
            ``(2) Requirements for certification.--The Secretary may 
        make a certification under paragraph (1)(B) if--
                    ``(A) the metropolitan transportation planning 
                process complies with the requirements of this section 
                and other applicable Federal law; and
                    ``(B) a transportation improvement program for the 
                metropolitan planning area has been approved by the 
                relevant metropolitan planning organization and 
                Governor.
            ``(3) Delegation of authority.--The Secretary may--
                    ``(A) delegate to the appropriate State fact-
                finding authority regarding the certification of a tier 
                II MPO under this subsection; and
                    ``(B) make the certification under paragraph (1) in 
                consultation with the State.
            ``(4) Effect of failure to certify.--
                    ``(A) Withholding of project funds.--If a 
                metropolitan transportation planning process of a 
                metropolitan planning organization is not certified 
                under paragraph (1), the Secretary may withhold up to 
                20 percent of the funds attributable to the 
                metropolitan planning area of the metropolitan planning 
                organization for projects funded under this title and 
                chapter 53 of title 49.
                    ``(B) Restoration of withheld funds.--Any funds 
                withheld under subparagraph (A) shall be restored to 
                the metropolitan planning area on the date of 
                certification of the metropolitan transportation 
                planning process by the Secretary.
            ``(5) Public involvement.--In making a determination 
        regarding certification under this subsection, the Secretary 
        shall provide for public involvement appropriate to the 
        metropolitan planning area under review.
    ``(m) Performance-based Planning Processes Evaluation.--
            ``(1) In general.--The Secretary shall establish criteria 
        to evaluate the effectiveness of the performance-based planning 
        processes of metropolitan planning organizations under this 
        section, taking into consideration the following:
                    ``(A) The extent to which the metropolitan planning 
                organization has achieved, or is currently making 
                substantial progress toward achieving, the targets 
                specified in subsection (h)(2), taking into account 
                whether the metropolitan planning organization 
                developed meaningful performance targets.
                    ``(B) The extent to which the metropolitan planning 
                organization has used proven best practices that help 
                ensure transportation investment that is efficient and 
                cost-effective.
                    ``(C) The extent to which the metropolitan planning 
                organization--
                            ``(i) has developed an investment process 
                        that relies on public input and awareness to 
                        ensure that investments are transparent and 
                        accountable; and
                            ``(ii) provides regular reports allowing 
                        the public to access the information being 
                        collected in a format that allows the public to 
                        meaningfully assess the performance of the 
                        metropolitan planning organization.
            ``(2) Report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of the MAP-21, the Secretary shall 
                submit to Congress a report evaluating--
                            ``(i) the overall effectiveness of 
                        performance-based planning as a tool for 
                        guiding transportation investments; and
                            ``(ii) the effectiveness of the 
                        performance-based planning process of each 
                        metropolitan planning organization under this 
                        section.
                    ``(B) Publication.--The report under subparagraph 
                (A) shall be published or otherwise made available in 
                electronically accessible formats and means, including 
                on the Internet.
    ``(n) Additional Requirements for Certain Nonattainment Areas.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title or chapter 53 of title 49, Federal funds may not be 
        advanced in any metropolitan planning area classified as a 
        nonattainment area or maintenance area for any highway project 
        that will result in a significant increase in the carrying 
        capacity for single-occupant vehicles, unless the owner or 
        operator of the project demonstrates that the project will 
        achieve or make substantial progress toward achieving the 
        targets described in subsection (h)(2).
            ``(2) Applicability.--This subsection applies to any 
        nonattainment area or maintenance area within the boundaries of 
        a metropolitan planning area, as determined under subsection 
        (c).
    ``(o) Effect of Section.--Nothing in this section provides to any 
metropolitan planning organization the authority to impose any legal 
requirement on any transportation facility, provider, or project not 
subject to the requirements of this title or chapter 53 of title 49.
    ``(p) Funding.--Funds apportioned under section 104(b)(6) of this 
title and set aside under section 5305(g) of title 49 shall be 
available to carry out this section.
    ``(q) Continuation of Current Review Practice.--
            ``(1) In general.--In consideration of the factors 
        described in paragraph (2), any decision by the Secretary 
        concerning a metropolitan transportation plan or transportation 
        improvement program shall not be considered to be a Federal 
        action subject to review under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Description of factors.--The factors referred to in 
        paragraph (1) are that--
                    ``(A) metropolitan transportation plans and 
                transportation improvement programs are subject to a 
                reasonable opportunity for public comment;
                    ``(B) the projects included in metropolitan 
                transportation plans and transportation improvement 
                programs are subject to review under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                    ``(C) decisions by the Secretary concerning 
                metropolitan transportation plans and transportation 
                improvement programs have not been reviewed under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) as of January 1, 1997.''.

SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    (a) In General.--Section 135 of title 23, United States Code, is 
amended to read as follows:
``Sec. 135. Statewide and nonmetropolitan transportation planning
    ``(a) Statewide Transportation Plans and STIPs.--
            ``(1) Development.--
                    ``(A) In general.--To accomplish the policy 
                objectives described in section 134(a), each State 
                shall develop a statewide transportation plan and a 
                statewide transportation improvement program for all 
                areas of the State in accordance with this section.
                    ``(B) Incorporation of metropolitan transportation 
                plans and tips.--Each State shall incorporate in the 
                statewide transportation plan and statewide 
                transportation improvement program, without change or 
                by reference, the metropolitan transportation plans and 
                transportation improvement programs, respectively, for 
                each metropolitan planning area in the State.
                    ``(C) Nonmetropolitan areas.--Each State shall 
                coordinate with local officials in small urbanized and 
                nonurbanized areas of the State in preparing the 
                nonmetropolitan portions of statewide transportation 
                plans and statewide transportation improvement 
                programs.
            ``(2) Contents.--The statewide transportation plan and 
        statewide transportation improvement program developed for each 
        State shall provide for the development and integrated 
        management and operation of transportation systems and 
        facilities (including accessible pedestrian walkways, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation) that will function as--
                    ``(A) an intermodal transportation system for the 
                State; and
                    ``(B) an integral part of an intermodal 
                transportation system for the United States.
            ``(3) Process.--The process for developing the statewide 
        transportation plan and statewide transportation improvement 
        program shall--
                    ``(A) provide for consideration of all modes of 
                transportation; and
                    ``(B) be continuing, cooperative, and comprehensive 
                to the degree appropriate, based on the complexity of 
                the transportation needs to be addressed.
    ``(b) Coordination.--
            ``(1) In general.--Each State shall--
                    ``(A) coordinate planning carried out under this 
                section with--
                            ``(i) the transportation planning 
                        activities carried out under section 134 for 
                        metropolitan areas of the State; and
                            ``(ii) statewide trade and economic 
                        development planning activities and related 
                        multistate planning efforts;
                    ``(B) coordinate planning carried out under this 
                section with the transportation planning activities 
                carried out by each nonmetropolitan planning 
                organization in the State, as applicable; and
                    ``(C) develop the transportation portion of the 
                State implementation plan as required by the Clean Air 
                Act (42 U.S.C. 7401 et seq.).
            ``(2) Multistate areas.--
                    ``(A) In general.--The Secretary shall encourage 
                each Governor with responsibility for a portion of a 
                multistate metropolitan planning area and the 
                appropriate metropolitan planning organizations to 
                provide coordinated transportation planning for the 
                entire metropolitan area.
                    ``(B) Coordination along designated transportation 
                corridors.--The Secretary shall encourage each Governor 
                with responsibility for a portion of a multistate 
                transportation corridor to provide coordinated 
                transportation planning for the entire designated 
                corridor.
                    ``(C) Interstate compacts.--For purposes of this 
                section, any 2 or more States--
                            ``(i) may enter into compacts, agreements, 
                        or organizations not in conflict with any 
                        Federal law for cooperative efforts and mutual 
                        assistance in support of activities authorized 
                        under this section, as the activities relate to 
                        interstate areas and localities within the 
                        States;
                            ``(ii) may establish such agencies (joint 
                        or otherwise) as the States determine to be 
                        appropriate for ensuring the effectiveness of 
                        the agreements and compacts; and
                            ``(iii) are encouraged to enter into such 
                        compacts, agreements, or organizations as are 
                        appropriate to develop planning documents in 
                        support of intercity or multistate area 
                        projects, facilities, and services, the 
                        relevant components of which shall be reflected 
                        in statewide transportation improvement 
                        programs and statewide transportation plans.
                    ``(D) Reservation of rights.--The right to alter, 
                amend, or repeal any interstate compact or agreement 
                entered into under this subsection is expressly 
                reserved.
    ``(c) Relationship With Other Planning Officials.--
            ``(1) In general.--The Secretary shall encourage each State 
        to cooperate with Federal, tribal, State, and local officers 
        and entities responsible for other types of planning activities 
        that are affected by transportation in the relevant area 
        (including planned growth, economic development, infrastructure 
        services, housing, other public services, environmental 
        protection, airport operations, high-speed and intercity 
        passenger rail, freight rail, port access, and freight 
        movements), to the maximum extent practicable, to ensure that 
        the statewide and nonmetropolitan planning process, statewide 
        transportation plans, and statewide transportation improvement 
        programs are developed with due consideration for other related 
        planning activities in the State.
            ``(2) Inclusion.--Cooperation under paragraph (1) shall 
        include the design and delivery of transportation services 
        within the State that are provided by--
                    ``(A) recipients of assistance under sections 202, 
                203, and 204;
                    ``(B) recipients of assistance under chapter 53 of 
                title 49;
                    ``(C) government agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive Federal 
                assistance from a source other than the Department of 
                Transportation to provide nonemergency transportation 
                services; and
                    ``(D) sponsors of regionally significant programs, 
                projects, and services that are related to 
                transportation and receive assistance from any public 
                or private source.
    ``(d) Scope of Planning Process.--
            ``(1) In general.--The statewide transportation planning 
        process for a State under this section shall provide for 
        consideration of projects, strategies, and services that will--
                    ``(A) support the economic vitality of the United 
                States, the State, nonmetropolitan areas, and 
                metropolitan areas, especially by enabling global 
                competitiveness, productivity, and efficiency;
                    ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                    ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                    ``(D) increase the accessibility and mobility of 
                individuals and freight;
                    ``(E) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                    ``(F) enhance the integration and connectivity of 
                the transportation system, across and between modes, 
                for individuals and freight;
                    ``(G) increase efficient system management and 
                operation; and
                    ``(H) emphasize the preservation of the existing 
                transportation system.
            ``(2) Performance-based approach.--
                    ``(A) In general.--The statewide transportation 
                planning process shall provide for the establishment 
                and use of a performance-based approach to 
                transportation decisionmaking to support the national 
                goals described in section 150(b).
                    ``(B) Performance targets.--
                            ``(i) In general.--Each State shall 
                        establish performance targets that address the 
                        performance measures described in sections 
                        119(f), 148(h), 149(k), and 167(i) to use in 
                        tracking attainment of critical outcomes for 
                        the region of the State.
                            ``(ii) Coordination.--Selection of 
                        performance targets by a State shall be 
                        coordinated with relevant metropolitan planning 
                        organizations to ensure consistency, to the 
                        maximum extent practicable.
                    ``(C) Integration of other performance-based 
                plans.--A State shall integrate into the statewide 
                transportation planning process, directly or by 
                reference, the goals, objectives, performance measures, 
                and targets described in this paragraph in other State 
                plans and processes required as part of a performance-
                based program, including plans such as--
                            ``(i) the State National Highway System 
                        asset management plan;
                            ``(ii) the State strategic highway safety 
                        plan;
                            ``(iii) the congestion mitigation and air 
                        quality performance plan; and
                            ``(iv) the national freight strategic plan.
                    ``(D) Use of performance measures and targets.--The 
                performance measures and targets established under this 
                paragraph shall be used, at a minimum, by a State as 
                the basis for development of policies, programs, and 
                investment priorities reflected in the statewide 
                transportation plan and statewide transportation 
                improvement program.
            ``(3) Failure to consider factors.--The failure to take 
        into consideration 1 or more of the factors specified in 
        paragraphs (1) and (2) shall not be subject to review by any 
        court under this title, chapter 53 of title 49, subchapter II 
        of chapter 5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a statewide transportation plan, a statewide 
        transportation improvement program, a project or strategy, or 
        the certification of a planning process.
            ``(4) Participation by interested parties.--
                    ``(A) In general.--Each State shall provide to 
                affected individuals, public agencies, and other 
                interested parties notice and a reasonable opportunity 
                to comment on the statewide transportation plan and 
                statewide transportation improvement program.
                    ``(B) Methods.--In carrying out subparagraph (A), 
                the State shall, to the maximum extent practicable--
                            ``(i) develop the statewide transportation 
                        plan and statewide transportation improvement 
                        program in consultation with interested 
                        parties, as appropriate, including by the 
                        formation of advisory groups representative of 
                        the State and interested parties that 
                        participate in the development of the statewide 
                        transportation plan and statewide 
                        transportation improvement program;
                            ``(ii) hold any public meetings at times 
                        and locations that are, as applicable--
                                    ``(I) convenient; and
                                    ``(II) in compliance with the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12101 et seq.);
                            ``(iii) employ visualization techniques to 
                        describe statewide transportation plans and 
                        statewide transportation improvement programs; 
                        and
                            ``(iv) make public information available in 
                        appropriate electronically accessible formats 
                        and means, such as the Internet, to afford 
                        reasonable opportunity for consideration of 
                        public information under subparagraph (A).
    ``(e) Coordination and Consultation.--
            ``(1) Metropolitan areas.--
                    ``(A) In general.--Each State shall develop a 
                statewide transportation plan and statewide 
                transportation improvement program for each 
                metropolitan area in the State by incorporating, 
                without change or by reference, at a minimum, as 
                prepared by each metropolitan planning organization 
                designated for the metropolitan area under section 
                134--
                            ``(i) all regionally significant projects 
                        to be carried out during the 10-year period 
                        beginning on the effective date of the relevant 
                        existing metropolitan transportation plan; and
                            ``(ii) all projects to be carried out 
                        during the 4-year period beginning on the 
                        effective date of the relevant transportation 
                        improvement program.
                    ``(B) Projected costs.--Each metropolitan planning 
                organization shall provide to each applicable State a 
                description of the projected costs of implementing the 
                projects included in the metropolitan transportation 
                plan of the metropolitan planning organization for 
                purposes of long-range financial planning and fiscal 
                constraint.
            ``(2) Nonmetropolitan areas.--With respect to 
        nonmetropolitan areas in a State, the statewide transportation 
        plan and statewide transportation improvement program of the 
        State shall be developed in coordination with affected 
        nonmetropolitan local officials with responsibility for 
        transportation.
            ``(3) Indian tribal areas.--With respect to each area of a 
        State under the jurisdiction of an Indian tribe, the statewide 
        transportation plan and statewide transportation improvement 
        program of the State shall be developed in consultation with--
                    ``(A) the tribal government; and
                    ``(B) the Secretary of the Interior.
            ``(4) Federal land management agencies.--With respect to 
        each area of a State under the jurisdiction of a Federal land 
        management agency, the statewide transportation plan and 
        statewide transportation improvement program of the State shall 
        be developed in consultation with the relevant Federal land 
        management agency.
            ``(5) Consultation, comparison, and consideration.--
                    ``(A) In general.--A statewide transportation plan 
                shall be developed, as appropriate, in consultation 
                with Federal, tribal, State, and local agencies 
                responsible for land use management, natural resources, 
                infrastructure permitting, environmental protection, 
                conservation, and historic preservation.
                    ``(B) Comparison and consideration.--Consultation 
                under subparagraph (A) shall involve the comparison of 
                statewide transportation plans to, as available--
                            ``(i) Federal, tribal, State, and local 
                        conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.
    ``(f) Statewide Transportation Plan.--
            ``(1) Development.--
                    ``(A) In general.--Each State shall develop a 
                statewide transportation plan, the forecast period of 
                which shall be not less than 20 years for all areas of 
                the State, that provides for the development and 
                implementation of the intermodal transportation system 
                of the State.
                    ``(B) Initial period.--A statewide transportation 
                plan shall include, at a minimum, for the first 10-year 
                period of the statewide transportation plan, the 
                identification of existing and future transportation 
                facilities that will function as an integrated 
                statewide transportation system, giving emphasis to 
                those facilities that serve important national, 
                statewide, and regional transportation functions.
                    ``(C) Subsequent period.--For the second 10-year 
                period of the statewide transportation plan (referred 
                to in this subsection as the `outer years period'), a 
                statewide transportation plan--
                            ``(i) may include identification of future 
                        transportation facilities; and
                            ``(ii) shall describe the policies and 
                        strategies that provide for the development and 
                        implementation of the intermodal transportation 
                        system of the State.
                    ``(D) Other requirements.--A statewide 
                transportation plan shall--
                            ``(i) include, for the 20-year period 
                        covered by the statewide transportation plan, a 
                        description of--
                                    ``(I) the projected aggregate cost 
                                of projects anticipated by a State to 
                                be implemented; and
                                    ``(II) the revenues necessary to 
                                support the projects;
                            ``(ii) include, in such form as the 
                        Secretary determines to be appropriate, a 
                        description of--
                                    ``(I) the existing transportation 
                                infrastructure, including an 
                                identification of highways, local 
                                streets and roads, bicycle and 
                                pedestrian facilities, transit 
                                facilities and services, commuter rail 
                                facilities and services, high-speed and 
                                intercity passenger rail facilities and 
                                services, freight facilities (including 
                                freight railroad and port facilities), 
                                multimodal and intermodal facilities, 
                                and intermodal connectors that, 
                                evaluated in the aggregate, function as 
                                an integrated transportation system;
                                    ``(II) the performance measures and 
                                performance targets used in assessing 
                                the existing and future performance of 
                                the transportation system described in 
                                subsection (d)(2);
                                    ``(III) the current and projected 
                                future usage of the transportation 
                                system, including, to the maximum 
                                extent practicable, an identification 
                                of existing or planned transportation 
                                rights-of-way, corridors, facilities, 
                                and related real properties;
                                    ``(IV) a system performance report 
                                evaluating the existing and future 
                                condition and performance of the 
                                transportation system with respect to 
                                the performance targets described in 
                                subsection (d)(2) and updates to 
                                subsequent system performance reports, 
                                including--
                                            ``(aa) progress achieved by 
                                        the State in meeting 
                                        performance targets, as 
                                        compared to system performance 
                                        recorded in previous reports; 
                                        and
                                            ``(bb) an accounting of the 
                                        performance by the State on 
                                        outlay of obligated project 
                                        funds and delivery of projects 
                                        that have reached substantial 
                                        completion, in relation to the 
                                        projects currently on the 
                                        statewide transportation 
                                        improvement program and those 
                                        projects that have been removed 
                                        from the previous statewide 
                                        transportation improvement 
                                        program;
                                    ``(V) recommended strategies and 
                                investments for improving system 
                                performance over the planning horizon, 
                                including transportation systems 
                                management and operations strategies, 
                                maintenance strategies, demand 
                                management strategies, asset management 
                                strategies, capacity and enhancement 
                                investments, land use improvements, 
                                intelligent transportation systems 
                                deployment and technology adoption 
                                strategies as determined by the 
                                projected support of targets described 
                                in subsection (d)(2);
                                    ``(VI) recommended strategies and 
                                investments to improve and integrate 
                                disability-related access to 
                                transportation infrastructure;
                                    ``(VII) investment priorities for 
                                using projected available and proposed 
                                revenues over the short- and long-term 
                                stages of the planning horizon, in 
                                accordance with the financial plan 
                                required under paragraph (2);
                                    ``(VIII) a description of 
                                interstate compacts entered into in 
                                order to promote coordinated 
                                transportation planning in multistate 
                                areas, if applicable;
                                    ``(IX) an optional illustrative 
                                list of projects containing investments 
                                that--
                                            ``(aa) are not included in 
                                        the statewide transportation 
                                        plan; but
                                            ``(bb) would be so included 
                                        if resources in addition to the 
                                        resources identified in the 
                                        financial plan under paragraph 
                                        (2) were available;
                                    ``(X) a discussion (developed in 
                                consultation with Federal, State, and 
                                tribal wildlife, land management, and 
                                regulatory agencies) of types of 
                                potential environmental and stormwater 
                                mitigation activities and potential 
                                areas to carry out those activities, 
                                including activities that may have the 
                                greatest potential to restore and 
                                maintain the environmental functions 
                                affected by the statewide 
                                transportation plan; and
                                    ``(XI) recommended strategies and 
                                investments, including those developed 
                                by the State as part of interstate 
                                compacts, agreements, or organizations, 
                                that support intercity transportation; 
                                and
                            ``(iii) be updated by the State not less 
                        frequently than once every 5 years.
            ``(2) Financial plan.--A financial plan referred to in 
        paragraph (1)(D)(ii)(VII) shall--
                    ``(A) be prepared by each State to support the 
                statewide transportation plan; and
                    ``(B) contain a description of each of the 
                following:
                            ``(i) Projected resource requirements 
                        during the 20-year planning horizon for 
                        implementing projects, strategies, and services 
                        recommended in the statewide transportation 
                        plan, including existing and projected system 
                        operating and maintenance needs, proposed 
                        enhancement and expansions to the system, 
                        projected available revenue from Federal, 
                        State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the State, any 
                        public transportation agency, and relevant 
                        metropolitan planning organizations, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        statewide transportation plan.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
                            ``(v) For the outer years period of the 
                        statewide transportation plan, a description of 
                        the aggregate cost ranges or bands, subject to 
                        the condition that any future funding source 
                        shall be reasonably expected to be available to 
                        support the projected cost ranges or bands.
            ``(3) Coordination with clean air act agencies.--For any 
        nonmetropolitan area that is a nonattainment area or 
        maintenance area, the State shall coordinate the development of 
        the statewide transportation plan with the process for 
        development of the transportation control measures of the State 
        implementation plan required by the Clean Air Act (42 U.S.C. 
        7401 et seq.).
            ``(4) Publication.--A statewide transportation plan 
        involving Federal and non-Federal participation programs, 
        projects, and strategies shall be published or otherwise made 
        readily available by the State for public review, including (to 
        the maximum extent practicable) in electronically accessible 
        formats and means, such as the Internet, in such manner as the 
        Secretary shall require.
            ``(5) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2), a State shall not be required to 
        select any project from the illustrative list of additional 
        projects included in the statewide transportation plan under 
        paragraph (1)(D)(ii)(IX).
    ``(g) Statewide Transportation Improvement Programs.--
            ``(1) Development.--
                    ``(A) In general.--In cooperation with 
                nonmetropolitan officials with responsibility for 
                transportation and affected public transportation 
                operators, the State shall develop a statewide 
                transportation improvement program for the State that--
                            ``(i) includes projects consistent with the 
                        statewide transportation plan;
                            ``(ii) reflects the investment priorities 
                        established in the statewide transportation 
                        plan; and
                            ``(iii) once implemented, makes significant 
                        progress toward achieving the targets described 
                        in subsection (d)(2).
                    ``(B) Opportunity for participation.--In developing 
                a statewide transportation improvement program, the 
                State, in cooperation with affected public 
                transportation operators, shall provide an opportunity 
                for participation by interested parties in the 
                development of the statewide transportation improvement 
                program, in accordance with subsection (e).
                    ``(C) Other requirements.--
                            ``(i) In general.--A statewide 
                        transportation improvement program shall--
                                    ``(I) cover a period of not less 
                                than 4 years; and
                                    ``(II) be updated not less 
                                frequently than once every 4 years, or 
                                more frequently, as the Governor 
                                determines to be appropriate.
                            ``(ii) Incorporation of tips.--A statewide 
                        transportation improvement program shall 
                        incorporate any relevant transportation 
                        improvement program developed by a metropolitan 
                        planning organization under section 134, 
                        without change.
                            ``(iii) Projects.--Each project included in 
                        a statewide transportation improvement program 
                        shall be--
                                    ``(I) consistent with the statewide 
                                transportation plan developed under 
                                this section for the State;
                                    ``(II) identical to a project or 
                                phase of a project described in a 
                                relevant transportation improvement 
                                program; and
                                    ``(III) for any project located in 
                                a nonattainment area or maintenance 
                                area, carried out in accordance with 
                                the applicable State air quality 
                                implementation plan developed under the 
                                Clean Air Act (42 U.S.C. 7401 et seq.).
            ``(2) Contents.--
                    ``(A) Priority list.--A statewide transportation 
                improvement program shall include a priority list of 
                proposed federally supported projects and strategies, 
                to be carried out during the 4-year period beginning on 
                the date of adoption of the statewide transportation 
                improvement program, and during each 4-year period 
                thereafter, using existing and reasonably available 
                revenues in accordance with the financial plan under 
                paragraph (3).
                    ``(B) Descriptions.--Each project or phase of a 
                project included in a statewide transportation 
                improvement program shall include sufficient 
                descriptive material (such as type of work, termini, 
                length, estimated completion date, and other similar 
                factors) to identify--
                            ``(i) the project or project phase; and
                            ``(ii) the effect that the project or 
                        project phase will have in addressing the 
                        targets described in subsection (d)(2).
                    ``(C) Performance target achievement.--A statewide 
                transportation improvement program shall include, to 
                the maximum extent practicable, a discussion of the 
                anticipated effect of the statewide transportation 
                improvement program toward achieving the performance 
                targets established in the statewide transportation 
                plan, linking investment priorities to those 
                performance targets.
                    ``(D) Illustrative list of projects.--An optional 
                illustrative list of projects may be prepared 
                containing additional investment priorities that--
                            ``(i) are not included in the statewide 
                        transportation improvement program; but
                            ``(ii) would be so included if resources in 
                        addition to the resources identified in the 
                        financial plan under paragraph (3) were 
                        available.
            ``(3) Financial plan.--A financial plan referred to in 
        paragraph (2)(A) shall--
                    ``(A) be prepared by each State to support the 
                statewide transportation improvement program; and
                    ``(B) contain a description of each of the 
                following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the statewide transportation 
                        improvement program, including existing and 
                        projected system operating and maintenance 
                        needs, proposed enhancement and expansions to 
                        the system, projected available revenue from 
                        Federal, State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the State and 
                        relevant metropolitan planning organizations 
                        and public transportation agencies, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        statewide transportation improvement program.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(4) Included projects.--
                    ``(A) Projects under this title and chapter 53 of 
                title 49.--A statewide transportation improvement 
                program developed under this subsection for a State 
                shall include the projects within the State that are 
                proposed for funding under chapter 1 of this title and 
                chapter 53 of title 49.
                    ``(B) Projects under chapter 2.--
                            ``(i) Regionally significant.--Each 
                        regionally significant project proposed for 
                        funding under chapter 2 shall be identified 
                        individually in the statewide transportation 
                        improvement program.
                            ``(ii) Nonregionally significant.--A 
                        description of each project proposed for 
                        funding under chapter 2 that is not determined 
                        to be regionally significant shall be contained 
                        in 1 line item or identified individually in 
                        the statewide transportation improvement 
                        program.
            ``(5) Publication.--
                    ``(A) In general.--A statewide transportation 
                improvement program shall be published or otherwise 
                made readily available by the State for public review 
                in electronically accessible formats and means, such as 
                the Internet.
                    ``(B) Annual list of projects.--An annual list of 
                projects, including investments in pedestrian walkways, 
                bicycle transportation facilities, and intermodal 
                facilities that support intercity transportation, for 
                which Federal funds have been obligated during the 
                preceding fiscal year shall be published or otherwise 
                made available by the cooperative effort of the State, 
                transit operator, and relevant metropolitan planning 
                organizations in electronically accessible formats and 
                means, such as the Internet, in a manner that is 
                consistent with the categories identified in the 
                relevant statewide transportation improvement program.
            ``(6) Project selection for urbanized areas with 
        populations of fewer than 200,000 not represented by designated 
        mpos.--Projects carried out in urbanized areas with populations 
        of fewer than 200,000 individuals, and that are not represented 
        by designated metropolitan planning organizations, shall be 
        selected, from the approved statewide transportation 
        improvement program (including projects carried out on the 
        National Highway System and other projects carried out under 
        this title or under sections 5310 and 5311 of title 49) by the 
        State, in cooperation with the affected nonmetropolitan 
        planning organization, if any exists, and in consultation with 
        the affected nonmetropolitan area local officials with 
        responsibility for transportation.
            ``(7) Approval by secretary.--
                    ``(A) In general.--Not less frequently than once 
                every 4 years, a statewide transportation improvement 
                program developed under this subsection shall be 
                reviewed and approved by the Secretary, based on the 
                current planning finding of the Secretary under 
                subparagraph (B).
                    ``(B) Planning finding.--The Secretary shall make a 
                planning finding referred to in subparagraph (A) not 
                less frequently than once every 5 years regarding 
                whether the transportation planning process through 
                which statewide transportation plans and statewide 
                transportation improvement programs are developed is 
                consistent with this section and section 134.
            ``(8) Modifications to project priority.--Notwithstanding 
        any other provision of law, approval by the Secretary shall not 
        be required to carry out a project included in an approved 
        statewide transportation improvement program in place of 
        another project in the statewide transportation improvement 
        program.
    ``(h) Certification.--
            ``(1) In general.--The Secretary shall--
                    ``(A) ensure that the statewide transportation 
                planning process of a State is being carried out in 
                accordance with applicable Federal law; and
                    ``(B) subject to paragraph (2), certify, not less 
                frequently than once every 5 years, that the 
                requirements of subparagraph (A) are met with respect 
                to the statewide transportation planning process.
            ``(2) Requirements for certification.--The Secretary may 
        make a certification under paragraph (1)(B) if--
                    ``(A) the statewide transportation planning process 
                complies with the requirements of this section and 
                other applicable Federal law; and
                    ``(B) a statewide transportation improvement 
                program for the State has been approved by the Governor 
                of the State.
            ``(3) Effect of failure to certify.--
                    ``(A) Withholding of project funds.--If a statewide 
                transportation planning process of a State is not 
                certified under paragraph (1), the Secretary may 
                withhold up to 20 percent of the funds attributable to 
                the State for projects funded under this title and 
                chapter 53 of title 49.
                    ``(B) Restoration of withheld funds.--Any funds 
                withheld under subparagraph (A) shall be restored to 
                the State on the date of certification of the statewide 
                transportation planning process by the Secretary.
            ``(4) Public involvement.--In making a determination 
        regarding certification under this subsection, the Secretary 
        shall provide for public involvement appropriate to the State 
        under review.
    ``(i) Performance-based Planning Processes Evaluation.--
            ``(1) In general.--The Secretary shall establish criteria 
        to evaluate the effectiveness of the performance-based planning 
        processes of States, taking into consideration the following:
                    ``(A) The extent to which the State has achieved, 
                or is currently making substantial progress toward 
                achieving, the targets described in subsection (d)(2), 
                taking into account whether the State developed 
                meaningful performance targets.
                    ``(B) The extent to which the State has used proven 
                best practices that help ensure transportation 
                investment that is efficient and cost-effective.
                    ``(C) The extent to which the State--
                            ``(i) has developed an investment process 
                        that relies on public input and awareness to 
                        ensure that investments are transparent and 
                        accountable; and
                            ``(ii) provides regular reports allowing 
                        the public to access the information being 
                        collected in a format that allows the public to 
                        meaningfully assess the performance of the 
                        State.
            ``(2) Report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of the MAP-21, the Secretary shall 
                submit to Congress a report evaluating--
                            ``(i) the overall effectiveness of 
                        performance-based planning as a tool for 
                        guiding transportation investments; and
                            ``(ii) the effectiveness of the 
                        performance-based planning process of each 
                        State.
                    ``(B) Publication.--The report under subparagraph 
                (A) shall be published or otherwise made available in 
                electronically accessible formats and means, including 
                on the Internet.
    ``(j) Funding.--Funds apportioned under section 104(b)(6) of this 
title and set aside under section 5305(g) of title 49 shall be 
available to carry out this section.
    ``(k) Continuation of Current Review Practice.--
            ``(1) In general.--In consideration of the factors 
        described in paragraph (2), any decision by the Secretary 
        concerning a statewide transportation plan or statewide 
        transportation improvement program shall not be considered to 
        be a Federal action subject to review under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Description of factors.--The factors referred to in 
        paragraph (1) are that--
                    ``(A) statewide transportation plans and statewide 
                transportation improvement programs are subject to a 
                reasonable opportunity for public comment;
                    ``(B) the projects included in statewide 
                transportation plans and statewide transportation 
                improvement programs are subject to review under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.); and
                    ``(C) decisions by the Secretary concerning 
                statewide transportation plans and statewide 
                transportation improvement programs have not been 
                reviewed under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) as of January 1, 1997.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
135 and inserting the following:

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

SEC. 1203. NATIONAL GOALS.

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

``150. National goals.''.

              Subtitle C--Acceleration of Project Delivery

SEC. 1301. PROJECT DELIVERY INITIATIVE.

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

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

    (a) In General.--The acquisition of real property in anticipation 
of a federally assisted or approved surface transportation project that 
may use the property shall not be prohibited prior to the completion of 
reviews of the surface transportation project under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 
acquisition does not--
            (1) have an adverse environmental effect; or
            (2)(A) limit the choice of reasonable alternatives for the 
        proposed project; or
            (B) prevent the lead agency from making an impartial 
        decision as to whether to select an alternative that is being 
        considered during the environmental review process.
    (b) Early Acquisition of Real Property Interests for Highways.--
Section 108 of title 23, United States Code, is amended--
            (1) in the section heading by inserting ``interests'' after 
        ``real property'';
            (2) in subsection (a) by inserting ``interests'' after 
        ``real property'' each place it appears; and
            (3) in subsection (c)--
                    (A) in the subsection heading by striking ``Rights-
                of-way'' and inserting ``Real Property Interests'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A) by inserting ``at any time'' after ``may be 
                        used''; and
                            (ii) in subparagraph (A)--
                                    (I) by striking ``rights-of-way'' 
                                the first place it appears and 
                                inserting ``real property interests''; 
                                and
                                    (II) by striking ``, if the rights-
                                of-way are subsequently incorporated 
                                into a project eligible for surface 
                                transportation program funds''; and
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) Terms and conditions.--
                    ``(A) Acquisition of real property interests.--
                            ``(i) In general.--Subject to the other 
                        provisions of this section, prior to completion 
                        of the review process for the project required 
                        by the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.), a public 
                        authority may carry out acquisition of real 
                        property interests that may be used for a 
                        project.
                            ``(ii) Requirements.--An acquisition under 
                        clause (i) may be authorized by project 
                        agreement and is eligible for Federal-aid 
                        reimbursement as a project expense if the 
                        Secretary finds that the acquisition--
                                    ``(I) will not cause any 
                                significant adverse environmental 
                                impact;
                                    ``(II) will not limit the choice of 
                                reasonable alternatives for the project 
                                or otherwise influence the decision of 
                                the Secretary on any approval required 
                                for the project;
                                    ``(III) does not prevent the lead 
                                agency from making an impartial 
                                decision as to whether to accept an 
                                alternative that is being considered in 
                                the environmental review process;
                                    ``(IV) is consistent with the State 
                                transportation planning process under 
                                section 135;
                                    ``(V) complies with other 
                                applicable Federal laws (including 
                                regulations);
                                    ``(VI) will be acquired through 
                                negotiation, without the threat of 
                                condemnation; and
                                    ``(VII) will not result in a 
                                reduction or elimination of benefits or 
                                assistance to a displaced person 
                                required by the Uniform Relocation 
                                Assistance and Real Property 
                                Acquisition Policies Act of 1970 (42 
                                U.S.C. 4601 et seq.) and title VI of 
                                the Civil Rights Act of 1964 (42 U.S.C. 
                                2000d et seq.).
                    ``(B) Development.--Real property interests 
                acquired under this subsection may not be developed in 
                anticipation of a project until all required 
                environmental reviews for the project have been 
                completed.
                    ``(C) Reimbursement.--If Federal-aid reimbursement 
                is made for real property interests acquired early 
                under this section and the real property interests are 
                not subsequently incorporated into a project eligible 
                for surface transportation funds within the time 
                allowed by subsection (a)(2), the Secretary shall 
                offset the amount reimbursed against funds apportioned 
                to the State.
                    ``(D) Other conditions.--The Secretary may 
                establish such other conditions or restrictions on 
                acquisitions as the Secretary determines to be 
                appropriate.''.

SEC. 1303. EFFICIENCIES IN CONTRACTING.

    (a) Authority.--Section 112(b) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(4) Construction manager; general contractor.--
                    ``(A) Procedure.--
                            ``(i) In general.--A contracting agency may 
                        award a 2-phase contract to a construction 
                        manager or general contractor for 
                        preconstruction and construction services.
                            ``(ii) Preconstruction phase.--In the 
                        preconstruction phase of a contract under this 
                        subparagraph, the construction manager shall 
                        provide the contracting agency with advice 
                        relating to scheduling, work sequencing, cost 
                        engineering, constructability, cost estimating, 
                        and risk identification.
                            ``(iii) Agreement to price.--
                                    ``(I) In general.--Prior to the 
                                start of the second phase of a contract 
                                under this subparagraph, the owner and 
                                the construction manager may agree to a 
                                price for the construction of the 
                                project or a portion of the project.
                                    ``(II) Result.--If an agreement is 
                                reached, the construction manager shall 
                                become the general contractor for the 
                                construction of the project at the 
                                negotiated schedule and price.
                    ``(B) Selection.--A contract shall be awarded to a 
                construction manager or general contractor under this 
                paragraph using a competitive selection process under 
                which the contract is awarded on the basis of--
                            ``(i) qualifications;
                            ``(ii) experience;
                            ``(iii) best value; or
                            ``(iv) any other combination of factors 
                        considered appropriate by the contracting 
                        agency.
                    ``(C) Timing.--
                            ``(i) In general.--Prior to the completion 
                        of the environmental review process required 
                        under section 102 of the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4332), a 
                        contracting agency may issue requests for 
                        proposals, proceed with the award of the first 
                        phase of construction manager or general 
                        contractor contract, and issue notices to 
                        proceed with preliminary design, to the extent 
                        that those actions do not limit any reasonable 
                        range of alternatives.
                            ``(ii) NEPA process.--
                                    ``(I) In general.--A contracting 
                                agency shall not proceed with the award 
                                of the second phase, and shall not 
                                proceed, or permit any consultant or 
                                contractor to proceed, with final 
                                design or construction until completion 
                                of the environmental review process 
                                required under section 102 of the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4332).
                                    ``(II) Requirement.--The Secretary 
                                shall require that a contract include 
                                appropriate provisions to ensure 
                                achievement of the objectives of 
                                section 102 of the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4332) and compliance with other 
                                applicable Federal laws and regulations 
                                occurs.
                            ``(iii) Secretarial approval.--Prior to 
                        authorizing construction activities, the 
                        Secretary shall approve--
                                    ``(I) the estimate of the 
                                contracting agency for the entire 
                                project; and
                                    ``(II) any price agreement with the 
                                general contractor for the project or a 
                                portion of the project.
                            ``(iv) Termination provision.--The 
                        Secretary shall require a contract to include 
                        an appropriate termination provision in the 
                        event that a no-build alternative is 
                        selected.''.
    (b) Regulations.--The Secretary shall promulgate such regulations 
as are necessary to carry out the amendment made by subsection (a).
    (c) Effect on Experimental Program.--Nothing in this section or the 
amendment made by this section affects the authority to carry out, or 
any project carried out under, any experimental program concerning 
construction manager risk that is being carried out by the Secretary as 
of the date of enactment of this Act.

SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.

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

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

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

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

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

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

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

    Section 326 of title 23, United States Code, is amended--
            (1) in subsection (c) by striking paragraph (3) and 
        inserting the following:
            ``(3) Sovereign immunity.--By executing an agreement with 
        the Secretary and assuming the responsibilities of the 
        Secretary under this section, the State waives the sovereign 
        immunity of the State under the 11th Amendment of the 
        Constitution from suit in Federal court and expressly consents 
        to accept the jurisdiction of the Federal courts with respect 
        to any action relating to the compliance, discharge, and 
        enforcement of any responsibility of the Secretary that the 
        State assumes.'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) Termination.--
            ``(1) Termination by the secretary.--The Secretary may 
        terminate any assumption of responsibility under a memorandum 
        of understanding on a determination that the State is not 
        adequately carrying out the responsibilities assigned to the 
        State.
            ``(2) Termination by the state.--The State may terminate 
        the participation of the State in the program at any time by 
        providing to the Secretary a notice by not later than the date 
        that is 90 days before the date of termination, and subject to 
        such terms and conditions as the Secretary may provide.''; and
            (3) by adding at the end the following:
    ``(f) Legal Fees.--A State assuming the responsibilities of the 
Secretary under this section for a specific project may use funds 
apportioned to the State under section 104(b)(2) for attorneys fees 
directly attributable to eligible activities associated with the 
project.''.

SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

    (a) In General.--Section 327 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``pilot'';
            (2) in subsection (a)--
                    (A) in paragraph (1) by striking ``pilot''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B) by striking clause 
                        (ii) and inserting the following:
                            ``(ii) the Secretary may not assign--
                                    ``(I) any responsibility imposed on 
                                the Secretary by section 134 or 135; or
                                    ``(II) responsibility for any 
                                conformity determination required under 
                                section 176 of the Clean Air Act (42 
                                U.S.C. 7506).''; and
                            (ii) by adding at the end the following:
                    ``(F) Sovereign immunity.--By executing an 
                agreement with the Secretary and assuming the 
                responsibilities of the Secretary under this section, 
                the State waives the sovereign immunity of the State 
                under the 11th Amendment of the Constitution from suit 
                in Federal court and expressly consents to accept the 
                jurisdiction of the Federal courts with respect to any 
                action relating to the compliance, discharge, and 
                enforcement of any responsibility of the Secretary that 
                the State assumes.
                    ``(G) Legal fees.--A State assuming the 
                responsibilities of the Secretary under this section 
                for a specific project may use funds apportioned to the 
                State under section 104(b)(2) for attorneys fees 
                directly attributable to eligible activities associated 
                with the project.'';
            (3) in subsection (b)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively; and
                    (C) in subparagraph (A) of paragraph (3) (as so 
                redesignated) by striking ``(2)'' and inserting 
                ``(1)'';
            (4) in subsection (c)--
                    (A) in paragraph (3)(D) by striking the period at 
                the end and inserting a semicolon; and
                    (B) by adding at the end the following:
            ``(4) require the State to provide to the Secretary any 
        information the Secretary considers necessary to ensure that 
        the State is adequately carrying out the responsibilities 
        assigned to the State;
            ``(5) require the Secretary--
                    ``(A) after a period of 5 years, to evaluate the 
                ability of the State to carry out the responsibility 
                assumed under this section;
                    ``(B) if the Secretary determines that the State is 
                not ready to effectively carry out the responsibilities 
                the State has assumed, to reevaluate the readiness of 
                the State every 3 years, or at such other frequency as 
                the Secretary considers appropriate, after the initial 
                5-year evaluation, until the State is ready to assume 
                the responsibilities on a permanent basis; and
                    ``(C) once the Secretary determines that the State 
                is ready to permanently assume the responsibilities of 
                the Secretary, not to require any further evaluations; 
                and
            ``(6) require the State to provide the Secretary with any 
        information, including regular written reports, as the 
        Secretary may require in conducting evaluations under paragraph 
        (5).'';
            (5) by striking subsection (g);
            (6) by redesignating subsections (h) and (i) as subsections 
        (g) and (h), respectively; and
            (7) in subsection (h) (as so redesignated)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraph (2) as paragraph 
                (1); and
                    (C) by inserting after paragraph (1) (as so 
                redesignated) the following:
            ``(2) Termination by the state.--The State may terminate 
        the participation of the State in the program at any time by 
        providing to the Secretary a notice by not later than the date 
        that is 90 days before the date of termination, and subject to 
        such terms and conditions as the Secretary may provide.''.
    (b) Conforming Amendment.--The item relating to section 327 in the 
analysis of title 23, United States Code, is amended to read as 
follows:

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

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

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

SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL 
              EXCLUSIONS.

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

SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.

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

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

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

SEC. 1313. ACCELERATED DECISIONMAKING.

    Section 139(h) of title 23, United States Code, is amended by 
striking paragraph (4) and inserting the following:
            ``(4) Interim decision on achieving accelerated 
        decisionmaking.--
                    ``(A) In general.--Not later than 30 days after the 
                close of the public comment period on a draft 
                environmental impact statement, the Secretary may 
                convene a meeting with the project sponsor, lead 
                agency, resource agencies, and any relevant State 
                agencies to ensure that all parties are on schedule to 
                meet deadlines for decisions to be made regarding the 
                project.
                    ``(B) Deadlines.--The deadlines referred to in 
                subparagraph (A) shall be those established under 
                subsection (g), or any other deadlines established by 
                the lead agency, in consultation with the project 
                sponsor and other relevant agencies.
                    ``(C) Failure to assure.--If the relevant agencies 
                cannot provide reasonable assurances that the deadlines 
                described in subparagraph (B) will be met, the 
                Secretary may initiate the issue resolution and 
                referral process described under paragraph (5) and 
                before the completion of the record of decision.
            ``(5) Accelerated issue resolution and referral.--
                    ``(A) Agency issue resolution meeting.--
                            ``(i) In general.--A Federal agency of 
                        jurisdiction, project sponsor, or the Governor 
                        of a State in which a project is located may 
                        request an issue resolution meeting to be 
                        conducted by the lead agency.
                            ``(ii) Action by lead agency.--The lead 
                        agency shall convene an issue resolution 
                        meeting under clause (i) with the relevant 
                        participating agencies and the project sponsor, 
                        including the Governor only if the meeting was 
                        requested by the Governor, to resolve issues 
                        that could--
                                    ``(I) delay completion of the 
                                environmental review process; or
                                    ``(II) result in denial of any 
                                approvals required for the project 
                                under applicable laws.
                            ``(iii) Date.--A meeting requested under 
                        this subparagraph shall be held by not later 
                        than 21 days after the date of receipt of the 
                        request for the meeting, unless the lead agency 
                        determines that there is good cause to extend 
                        the time for the meeting.
                            ``(iv) Notification.--On receipt of a 
                        request for a meeting under this subparagraph, 
                        the lead agency shall notify all relevant 
                        participating agencies of the request, 
                        including the issue to be resolved, and the 
                        date for the meeting.
                            ``(v) Disputes.--If a relevant 
                        participating agency with jurisdiction over an 
                        approval required for a project under 
                        applicable law determines that the relevant 
                        information necessary to resolve the issue has 
                        not been obtained and could not have been 
                        obtained within a reasonable time, but the lead 
                        agency disagrees, the resolution of the dispute 
                        shall be forwarded to the heads of the relevant 
                        agencies for resolution.
                            ``(vi) Convention by lead agency.--A lead 
                        agency may convene an issue resolution meeting 
                        under this subsection at any time without the 
                        request of the Federal agency of jurisdiction, 
                        project sponsor, or the Governor of a State.
                    ``(B) Elevation of issue resolution.--
                            ``(i) In general.--If issue resolution is 
                        not achieved by not later than 30 days after 
                        the date of a relevant meeting under 
                        subparagraph (A), the Secretary shall notify 
                        the lead agency, the heads of the relevant 
                        participating agencies, and the project sponsor 
                        (including the Governor only if the initial 
                        issue resolution meeting request came from the 
                        Governor) that an issue resolution meeting will 
                        be convened.
                            ``(ii) Requirements.--The Secretary shall 
                        identify the issues to be addressed at the 
                        meeting and convene the meeting not later than 
                        30 days after the date of issuance of the 
                        notice.
                    ``(C) Referral of issue resolution.--
                            ``(i) Referral to council on environmental 
                        quality.--
                                    ``(I) In general.--If resolution is 
                                not achieved by not later than 30 days 
                                after the date of an issue resolution 
                                meeting under subparagraph (B), the 
                                Secretary shall refer the matter to the 
                                Council on Environmental Quality.
                                    ``(II) Meeting.--Not later than 30 
                                days after the date of receipt of a 
                                referral from the Secretary under 
                                subclause (I), the Council on 
                                Environmental Quality shall hold an 
                                issue resolution meeting with the lead 
                                agency, the heads of relevant 
                                participating agencies, and the project 
                                sponsor (including the Governor only if 
                                an initial request for an issue 
                                resolution meeting came from the 
                                Governor).
                            ``(ii) Referral to the president.--If a 
                        resolution is not achieved by not later than 30 
                        days after the date of the meeting convened by 
                        the Council on Environmental Quality under 
                        clause (i)(II), the Secretary shall refer the 
                        matter directly to the President.
            ``(6) Financial transfer provisions.--
                    ``(A) In general.--A Federal agency of jurisdiction 
                over an approval required for a project under 
                applicable laws shall complete any required approval on 
                an expeditious basis using the shortest existing 
                applicable process.
                    ``(B) Failure to decide.--
                            ``(i) In general.--If an agency described 
                        in subparagraph (A) fails to render a decision 
                        under any Federal law relating to a project 
                        that requires the preparation of an 
                        environmental impact statement or environmental 
                        assessment, including the issuance or denial of 
                        a permit, license, or other approval by the 
                        date described in clause (ii), the agency shall 
                        transfer from the applicable office of the head 
                        of the agency, or equivalent office to which 
                        the authority for rendering the decision has 
                        been delegated by law, to the agency or 
                        division charged with rendering a decision 
                        regarding the application, by not later than 1 
                        day after the applicable date under clause 
                        (ii), and once each week thereafter until a 
                        final decision is rendered, subject to 
                        subparagraph (C)--
                                    ``(I) $20,000 for any project for 
                                which an annual financial plan under 
                                section 106(i) is required; or
                                    ``(II) $10,000 for any other 
                                project requiring preparation of an 
                                environmental assessment or 
                                environmental impact statement.
                            ``(ii) Description of date.--The date 
                        referred to in clause (i) is the later of--
                                    ``(I) the date that is 180 days 
                                after the date on which an application 
                                for the permit, license, or approval is 
                                complete; and
                                    ``(II) the date that is 180 days 
                                after the date on which the Federal 
                                lead agency issues a decision on the 
                                project under the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.).
                    ``(C) Limitations.--
                            ``(i) In general.--No transfer of funds 
                        under subparagraph (B) relating to an 
                        individual project shall exceed, in any fiscal 
                        year, an amount equal to 1 percent of the funds 
                        made available for the applicable agency 
                        office.
                            ``(ii) Failure to decide.--The total amount 
                        transferred in a fiscal year as a result of a 
                        failure by an agency to make a decision by an 
                        applicable deadline shall not exceed an amount 
                        equal to 5 percent of the funds made available 
                        for the applicable agency office for that 
                        fiscal year.
                    ``(D) Treatment.--The transferred funds shall only 
                be available to the agency or division charged with 
                rendering the decision as additional resources, 
                pursuant to subparagraph (F).
                    ``(E) No fault of agency.--A transfer of funds 
                under this paragraph shall not be made if the agency 
                responsible for rendering the decision certifies that--
                            ``(i) the agency has not received necessary 
                        information or approvals from another entity, 
                        such as the project sponsor, in a manner that 
                        affects the ability of the agency to meet any 
                        requirements under State, local, or Federal 
                        law; or
                            ``(ii) significant new information or 
                        circumstances, including a major modification 
                        to an aspect of the project, requires 
                        additional analysis for the agency to make a 
                        decision on the project application.
                    ``(F) Treatment of funds.--
                            ``(i) In general.--Funds transferred under 
                        this paragraph shall supplement resources 
                        available to the agency or division charged 
                        with making a decision for the purpose of 
                        expediting permit reviews.
                            ``(ii) Availability.--Funds transferred 
                        under this paragraph shall be available for use 
                        or obligation for the same period that the 
                        funds were originally authorized or 
                        appropriated, plus 1 additional fiscal year.
                            ``(iii) Limitation.--The Federal agency 
                        with jurisdiction for the decision that has 
                        transferred the funds pursuant to this 
                        paragraph shall not reprogram funds to the 
                        office of the head of the agency, or equivalent 
                        office, to reimburse that office for the loss 
                        of the funds.
                    ``(G) Audits.--In any fiscal year in which any 
                Federal agency transfers funds pursuant to this 
                paragraph, the Inspector General of that agency shall--
                            ``(i) conduct an audit to assess compliance 
                        with the requirements of this paragraph; and
                            ``(ii) not later than 120 days after the 
                        end of the fiscal year during which the 
                        transfer occurred, submit to the Committee on 
                        Environment and Public Works of the Senate and 
                        any other appropriate congressional committees 
                        a report describing the reasons why the 
                        transfers were levied, including allocations of 
                        resources.
                    ``(H) Effect of paragraph.--Nothing in this 
                paragraph affects or limits the application of, or 
                obligation to comply with, any Federal, State, local, 
                or tribal law.
                    ``(I) Authority for intra-agency transfer of 
                funds.--The requirement provided under this paragraph 
                for a Federal agency to transfer or reallocate funds of 
                the Federal agency in accordance with subparagraph 
                (B)(i)--
                            ``(i) shall be treated by the Federal 
                        agency as a requirement and authority 
                        consistent with any applicable original law 
                        establishing and authorizing the agency; but
                            ``(ii) does not provide to the Federal 
                        agency the authority to require or determine 
                        the intra-agency transfer or reallocation of 
                        funds that are provided to or are within any 
                        other Federal agency.
            ``(7) Expedient decisions and reviews.--To ensure that 
        Federal environmental decisions and reviews are expeditiously 
        made--
                    ``(A) adequate resources made available under this 
                title shall be devoted to ensuring that applicable 
                environmental reviews under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) are 
                completed on an expeditious basis and that the shortest 
                existing applicable process under that Act is 
                implemented; and
                    ``(B) the President shall submit to the Committee 
                on Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate, not less frequently than 
                once every 120 days after the date of enactment of the 
                MAP-21, a report on the status and progress of the 
                following projects and activities funded under this 
                title with respect to compliance with applicable 
                requirements under the National Environmental Policy 
                Act of 1969 (42 U.S.C. 4321 et seq.):
                            ``(i) Projects and activities required to 
                        prepare an annual financial plan under section 
                        106(i).
                            ``(ii) A sample of not less than 5 percent 
                        of the projects requiring preparation of an 
                        environmental impact statement or environmental 
                        assessment in each State.''.

SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE.

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

SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEMONSTRATION PROGRAM.

    (a) Payment Demonstration Program.--
            (1) In general.--Except as otherwise provided in this 
        section, for the purpose of identifying improvements in the 
        timeliness of providing relocation assistance to persons 
        displaced by Federal or federally assisted programs and 
        projects, the Secretary may allow not more than 5 States to 
        participate in an alternative relocation payment demonstration 
        program under which payments to displaced persons eligible for 
        relocation assistance pursuant to the Uniform Relocation 
        Assistance and Real Property Acquisition Policies Act of 1970 
        (42 U.S.C. 4601 et seq.) (including implementing regulations), 
        are calculated based on reasonable estimates and paid in 
        advance of the physical displacement of the displaced person.
            (2) Timing of payments.--Relocation assistance payments for 
        projects carried out under an approved State demonstration 
        program may be provided to the displaced person at the same 
        time as payments of just compensation for real property 
        acquired for the program or project of the State.
            (3) Combining of payments.--Payments for relocation and 
        just compensation may be combined into a single unallocated 
        amount.
    (b) Criteria.--
            (1) In general.--After public notice and an opportunity to 
        comment, the Secretary shall adopt criteria for carrying out 
        the alternative relocation payment demonstration program.
            (2) Conditions.--
                    (A) In general.--Conditions for State participation 
                in the demonstration program shall include the 
                conditions described in subparagraphs (B) through (E).
                    (B) Memorandum of agreement.--A State wishing to 
                participate in the demonstration program shall be 
                required to enter into a memorandum of agreement with 
                the Secretary that includes provisions relating to--
                            (i) the selection of projects or programs 
                        within the State to which the alternative 
                        relocation payment process will be applied;
                            (ii) program and project-level monitoring;
                            (iii) performance measurement;
                            (iv) reporting; and
                            (v) the circumstances under which the 
                        Secretary may terminate the demonstration 
                        program of the State before the end of the 
                        program term.
                    (C) Term of demonstration program.--Except as 
                provided in subparagraph (B)(v), the demonstration 
                program of the State may continue for up to 3 years 
                after the date on which the Secretary executes the 
                memorandum of agreement.
                    (D) Displaced persons.--
                            (i) In general.--Displaced persons affected 
                        by a project included in the demonstration 
                        program of the State shall be informed in 
                        writing in a format that is clear and easily 
                        understandable that the relocation payments 
                        that the displaced persons receive under the 
                        demonstration program may be higher or lower 
                        than the amount that the displaced persons 
                        would receive under the standard relocation 
                        assistance process.
                            (ii) Alternative process.--Displaced 
                        persons shall be informed--
                                    (I) of the right of the displaced 
                                persons not to participate in the 
                                demonstration program; and
                                    (II) that the alternative 
                                relocation payment process can be used 
                                only if the displaced person agrees in 
                                writing.
                            (iii) Assistance.--The displacing agency 
                        shall provide any displaced person who elects 
                        not to participate in the demonstration program 
                        with relocation assistance in accordance with 
                        the Uniform Relocation Assistance and Real 
                        Property Acquisition Policies Act of 1970 (42 
                        U.S.C. 4601 et seq.) (including implementing 
                        regulations).
                    (E) Other displacements.--
                            (i) In general.--If other Federal agencies 
                        plan displacements in or adjacent to a 
                        demonstration program project area within the 
                        same time period as the project acquisition and 
                        relocation actions of the demonstration 
                        program, the Secretary shall adopt measures to 
                        protect against inconsistent treatment of 
                        displaced persons.
                            (ii) Inclusion.--Measures described in 
                        clause (i) may include a determination that the 
                        demonstration program authority may not be used 
                        on a particular project.
    (c) Report.--
            (1) In general.--The Secretary shall submit to Congress--
                    (A) at least every 18 months after the date of 
                enactment of this Act, a report on the progress and 
                results of the demonstration program; and
                    (B) not later than 1 year after all State 
                demonstration programs have ended, a final report.
            (2) Requirements.--The final report shall include an 
        evaluation by the Secretary of the merits of the alternative 
        relocation payment demonstration program, including the effects 
        of the demonstration program on--
                    (A) displaced persons and the protections afforded 
                to displaced persons by the Uniform Relocation 
                Assistance and Real Property Acquisition Policies Act 
                of 1970 (42 U.S.C. 4601 et seq.);
                    (B) the efficiency of the delivery of Federal-aid 
                highway projects and overall effects on the Federal-aid 
                highway program; and
                    (C) the achievement of the purposes of the Uniform 
                Relocation Assistance and Real Property Acquisition 
                Policies Act of 1970 (42 U.S.C. 4601 et seq.).
    (d) Limitation.--The authority of this section may be used only on 
projects funded under title 23, United States Code, in cases in which 
the funds are administered by the Federal Highway Administration.
    (e) Authority.--The authority of the Secretary to approve an 
alternate relocation payment demonstration program for a State 
terminates on the date that is 3 years after the date of enactment of 
this Act

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

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

                       Subtitle D--Highway Safety

SEC. 1401. JASON'S LAW.

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

SEC. 1402. OPEN CONTAINER REQUIREMENTS.

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

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

    (a) Definitions.--Section 164(a) of title 23, United States Code, 
is amended--
            (1) by striking paragraph (3);
            (2) by redesignating paragraphs (4) and (5) as paragraphs 
        (3) and (4), respectively; and
            (3) in paragraph (4) (as so redesignated) by striking 
        subparagraph (A) and inserting the following:
                    ``(A) receive--
                            ``(i) a suspension of all driving 
                        privileges for not less than 1 year; or
                            ``(ii) a suspension of unlimited driving 
                        privileges for 1 year, allowing for the 
                        reinstatement of limited driving privileges 
                        subject to restrictions and limited exemptions 
                        as established by State law, if an ignition 
                        interlock device is installed for not less than 
                        1 year on each of the motor vehicles owned or 
                        operated, or both, by the individual;''.
    (b) Transfer of Funds.--Section 164(b) of title 23, United States 
Code, is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Fiscal year 2012 and thereafter.--
                    ``(A) Reservation of funds.--On October 1, 2011, 
                and each October 1 thereafter, if a State has not 
                enacted or is not enforcing a repeat intoxicated driver 
                law, the Secretary shall reserve an amount equal to 6 
                percent of the funds to be apportioned to the State on 
                that date under each of paragraphs (1) and (2) of 
                section 104(b) until the State certifies to the 
                Secretary the means by which the States will use those 
                reserved funds among the uses authorized under 
                subparagraphs (A) and (B) of paragraph (1), and 
                paragraph (3).
                    ``(B) Transfer of funds.--As soon as practicable 
                after the date of receipt of a certification from a 
                State under subparagraph (A), the Secretary shall--
                            ``(i) transfer the reserved funds 
                        identified by the State for use as described in 
                        subparagraphs (A) and (B) of paragraph (1) to 
                        the apportionment of the State under section 
                        402; and
                            ``(ii) release the reserved funds 
                        identified by the State as described in 
                        paragraph (3).'';
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Use for highway safety improvement program.--
                    ``(A) In general.--A State may elect to use all or 
                a portion of the funds transferred under paragraph (2) 
                for activities eligible under section 148.
                    ``(B) State departments of transportation.--If the 
                State makes an election under subparagraph (A), the 
                funds shall be transferred to the department of 
                transportation of the State, which shall be responsible 
                for the administration of the funds.''; and
            (3) by striking paragraph (5) and inserting the following:
            ``(5) Derivation of amount to be transferred.--The amount 
        to be transferred under paragraph (2) may be derived from the 
        following:
                    ``(A) The apportionment of the State under section 
                104(b)(1).
                    ``(B) The apportionment of the State under section 
                104(b)(2).''.

SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.

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

SEC. 1405. HIGHWAY WORKER SAFETY.

    (a) Positive Protective Devices.--Not later than 60 days after the 
date of enactment of this Act, the Secretary shall modify section 
630.1108(a) of title 23, Code of Federal Regulations (as in effect on 
the date of enactment of this Act), to ensure that--
            (1) at a minimum, positive protective measures are used to 
        separate workers on highway construction projects from 
        motorized traffic in all work zones conducted under traffic in 
        areas that offer workers no means of escape (such as tunnels 
        and bridges), unless an engineering study determines otherwise;
            (2) temporary longitudinal traffic barriers are used to 
        protect workers on highway construction projects in long-
        duration stationary work zones when the project design speed is 
        anticipated to be high and the nature of the work requires 
        workers to be within 1 lane-width from the edge of a live 
        travel lane, unless--
                    (A) an analysis by the project sponsor determines 
                otherwise; or
                    (B) the project is outside of an urbanized area and 
                the annual average daily traffic load of the applicable 
                road is less than 100 vehicles per hour; and
            (3) when positive protective devices are necessary for 
        highway construction projects, those devices are paid for on a 
        unit-pay basis, unless doing so would create a conflict with 
        innovative contracting approaches, such as design-build or some 
        performance-based contracts under which the contractor is paid 
        to assume a certain risk allocation and payment is generally 
        made on a lump-sum basis.
    (b) Turnout Gear.--Notwithstanding sections 6D.03 and 6E.02 of the 
Manual on Uniform Traffic Control Devices dated 2009 (as in effect on 
the date of enactment of this Act), any firefighter engaged in any type 
of operation while working within the right-of-way of a Federal-aid 
highway may optionally wear for compliance retroreflective turnout gear 
that is specified and regulated by other organizations, such as the 
gear specified in National Fire Protection Association standards 1971 
through 2007 (as in effect on that date of enactment), in lieu of 
apparel meeting the requirements under ANSI/ISEA 107-2004 or ANSI/ISEA 
207-2006 (as in effect on that date).

                       Subtitle E--Miscellaneous

SEC. 1501. PROGRAM EFFICIENCIES.

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

SEC. 1502. PROJECT APPROVAL AND OVERSIGHT.

    Section 106 of title 23, United States Code, is amended--
            (1) in subsection (a)(2) by inserting ``recipient'' before 
        ``formalizing'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the heading, by striking ``Non-
                        interstate''; and
                            (ii) by striking ``but not on the 
                        Interstate System''; and
                    (B) by striking paragraph (4) and inserting the 
                following:
            ``(4) Limitation on interstate projects.--
                    ``(A) In general.--The Secretary shall not assign 
                any responsibilities to a State for projects the 
                Secretary determines to be in a high risk category, as 
                defined under subparagraph (B).
                    ``(B) High risk categories.--The Secretary may 
                define the high risk categories under this subparagraph 
                on a national basis, a State-by-State basis, or a 
                national and State-by-State basis, as determined to be 
                appropriate by the Secretary.'';
            (3) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) by striking 
                                        ``concept'' and inserting 
                                        ``planning''; and
                                            (bb) by striking 
                                        ``multidisciplined'' and 
                                        inserting 
                                        ``multidisciplinary''; and
                                    (II) by striking clause (i) and 
                                inserting the following:
                            ``(i) providing the needed functions and 
                        achieving the established commitments 
                        (including environmental, community, and agency 
                        commitments) safely, reliably, and at the 
                        lowest overall lifecycle cost;''; and
                            (ii) in subparagraph (B) by striking clause 
                        (ii) and inserting the following:
                            ``(ii) refining or redesigning, as 
                        appropriate, the project using different 
                        technologies, materials, or methods so as to 
                        accomplish the purpose, functions, and 
                        established commitments (including 
                        environmental, community, and agency 
                        commitments) of the project.'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``or other cost-reduction 
                        analysis'';
                            (ii) in subparagraph (A) by striking 
                        ``Federal-aid system'' and inserting ``National 
                        Highway System receiving Federal assistance''; 
                        and
                            (iii) in subparagraph (B) by inserting ``on 
                        the National Highway System receiving Federal 
                        assistance'' after ``a bridge project''; and
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) Requirements.--
                    ``(A) Value engineering program.--The State shall 
                develop and carry out a value engineering program 
                that--
                            ``(i) establishes and documents value 
                        engineering program policies and procedures;
                            ``(ii) ensures that the required value 
                        engineering analysis is conducted before 
                        completing the final design of a project;
                            ``(iii) ensures that the value engineering 
                        analysis that is conducted, and the 
                        recommendations developed and implemented for 
                        each project, are documented in a final value 
                        engineering report; and
                            ``(iv) monitors, evaluates, and annually 
                        submits to the Secretary a report that 
                        describes the results of the value analyses 
                        that are conducted and the recommendations 
                        implemented for each of the projects described 
                        in paragraph (2) that are completed in the 
                        State.
                    ``(B) Bridge projects.--The value engineering 
                analysis for a bridge project under paragraph (2) 
                shall--
                            ``(i) include bridge superstructure and 
                        substructure requirements based on construction 
                        material; and
                            ``(ii) be evaluated by the State--
                                    ``(I) on engineering and economic 
                                bases, taking into consideration 
                                acceptable designs for bridges; and
                                    ``(II) using an analysis of 
                                lifecycle costs and duration of project 
                                construction.'';
            (4) in subsection (g)(4) by adding at the end the 
        following:
                    ``(C) Funding.--
                            ``(i) In general.--Subject to project 
                        approval by the Secretary, a State may obligate 
                        funds apportioned to the State under section 
                        104(b)(2) for carrying out the responsibilities 
                        of the State under subparagraph (A).
                            ``(ii) Eligible activities.--Activities 
                        eligible for assistance under this subparagraph 
                        include--
                                    ``(I) State administration of 
                                subgrants; and
                                    ``(II) State oversight of 
                                subrecipients.
                            ``(iii) Annual work plan.--To receive the 
                        funding flexibility made available under this 
                        subparagraph, the State shall submit to the 
                        Secretary an annual work plan identifying 
                        activities to be carried out under this 
                        subparagraph during the applicable year.
                            ``(iv) Federal share.--The Federal share of 
                        the cost of activities carried out under this 
                        subparagraph shall be 100 percent.''; and
            (5) in subsection (h)--
                    (A) in paragraph (1)(B) by inserting ``, including 
                a phasing plan when applicable'' after ``financial 
                plan''; and
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Financial plan.--A financial plan--
                    ``(A) shall be based on detailed estimates of the 
                cost to complete the project;
                    ``(B) shall provide for the annual submission of 
                updates to the Secretary that are based on reasonable 
                assumptions, as determined by the Secretary, of future 
                increases in the cost to complete the project; and
                    ``(C) may include a phasing plan that identifies 
                fundable incremental improvements or phases that will 
                address the purpose and the need of the project in the 
                short term in the event there are insufficient 
                financial resources to complete the entire project. If 
                a phasing plan is adopted for a project pursuant to 
                this section, the project shall be deemed to satisfy 
                the fiscal constraint requirements in the statewide and 
                metropolitan planning requirements in sections 134 and 
                135.''.

SEC. 1503. STANDARDS.

    (a) Practical Design.--Section 109 of title 23, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``and'' at the 
                end;
                    (B) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) utilize, when appropriate, practical design 
        solutions, as defined in this section, to ensure that 
        transportation needs are met and that funds available for 
        transportation projects are used efficiently.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``, reconstruction, 
                        resurfacing (except for maintenance 
                        resurfacing), restoration, or rehabilitation'' 
                        and inserting ``or reconstruction''; and
                            (ii) by striking ``may take into account'' 
                        and inserting ``shall consider'';
                    (B) in paragraph (2)--
                            (i) in the first sentence of the matter 
                        preceding subparagraph (A) by striking ``may'' 
                        and inserting ``shall'';
                            (ii) in subparagraph (C) by striking 
                        ``and'' at the end;
                            (iii) by redesignating subparagraph (D) as 
                        subparagraph (F); and
                            (iv) by inserting after subparagraph (C) 
                        the following:
                    ``(D) the publication entitled `Highway Safety 
                Manual' of the American Association of State Highway 
                and Transportation Officials;
                    ``(E) the publication entitled `A Guide for 
                Achieving Flexibility in Highway Design, 1st Edition', 
                published by the American Association of State Highway 
                and Transportation Officials; and'';
            (3) in subsection (f) by inserting ``pedestrian walkways,'' 
        after ``bikeways,'';
            (4) in subsection (m) by inserting ``, safe, and 
        continuous'' after ``for a reasonable'';
            (5) in subsection (q) by striking ``consistent with the 
        operative safety management system established in accordance 
        with section 303 or in accordance with'' inserting ``that is in 
        accordance with a State's strategic highway safety plan and 
        included on''; and
            (6) by adding at the end the following:
    ``(r) Definition.--In this section, the term `practical design 
solution' means a collaborative interdisciplinary approach that results 
in a transportation project that fits its physical setting, preserves 
safety, and balances costs with the necessary scope and project 
delivery needs of the project, as well as with scenic, aesthetic, 
historic, and environmental resources.''.
    (b) Additional Standards.--Section 109 of title 23, United States 
Code (as amended by subsection (a)(6)), is amended by adding at the end 
the following:
    ``(s) Pavement Markings.--The Secretary shall not approve any 
pavement markings project that includes the use of glass beads 
containing more than 200 parts per million of arsenic or lead.''.

SEC. 1504. CONSTRUCTION.

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

SEC. 1505. MAINTENANCE.

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

SEC. 1506. FEDERAL SHARE PAYABLE.

    Section 120 of title 23, United States Code, is amended--
            (1) in the first sentence of subsection (c)(1)--
                    (A) by inserting ``maintaining minimum levels of 
                retroreflectivity of highway signs or pavement 
                markings,'' after ``traffic control signalization,'';
                    (B) by inserting ``shoulder and centerline rumble 
                strips and stripes,'' after ``pavement marking,''; and
                    (C) by striking ``Federal-aid systems'' and 
                inserting ``Federal-aid programs'';
            (2) in subsection (e)--
                    (A) in the first sentence--
                            (i) in the matter preceding paragraph (1) 
                        by striking ``on such highway'' and inserting 
                        ``on the system''; and
                            (ii) in paragraph (2) by striking ``forest 
                        highways, forest development roads and trails, 
                        park roads and trails, parkways, public lands 
                        highways, public lands development roads and 
                        trails, and Indian reservation roads'' and 
                        inserting ``Federal land transportation 
                        facilities and tribal transportation 
                        facilities''; and
                    (B) by striking the second and third sentences;
            (3) by striking subsection (g) and redesignating 
        subsections (h) through (l) as subsections (g) through (k), 
        respectively;
            (4) in subsection (i)(1)(A) (as redesignated by paragraph 
        (3)) by striking ``and the Appalachian development highway 
        system program under section 14501 of title 40''; and
            (5) by striking subsections (j) and (k) (as redesignated by 
        paragraph (3)) and inserting the following:
    ``(j) Use of Federal Agency Funds.--Notwithstanding any other 
provision of law, any Federal funds other than those made available 
under this title and title 49, United States Code, may be used to pay 
the non-Federal share of the cost of any transportation project that is 
within, adjacent to, or provides access to Federal land, the Federal 
share of which is funded under this title or chapter 53 of title 49.
    ``(k) Use of Federal Land and Tribal Transportation Funds.--
Notwithstanding any other provision of law, the funds authorized to be 
appropriated to carry out the tribal transportation program under 
section 202 and the Federal lands transportation program under section 
203 may be used to pay the non-Federal share of the cost of any project 
that is funded under this title or chapter 53 of title 49 and that 
provides access to or within Federal or tribal land.''.

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

    (a) In General.--Section 126 of title 23, United States Code, is 
amended to read as follows:
``Sec. 126. Transferability of Federal-aid highway funds
    ``(a) In General.--Notwithstanding any other provision of law, 
subject to subsection (b), a State may transfer from an apportionment 
under section 104(b) not to exceed 20 percent of the amount apportioned 
for the fiscal year to any other apportionment of the State under that 
section.
    ``(b) Application to Certain Set-asides.--Funds that are subject to 
sections 104(d) and 133(d) shall not be transferred under this 
section.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
126 and inserting the following:

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

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

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

SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS.

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

SEC. 1510. HOV FACILITIES.

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

SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES.

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

``SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES.

    ``(a) In General.--In accordance with the obligation process 
established pursuant to section 149(j)(4), a State shall expend amounts 
required to be obligated for this section to install and employ diesel 
emission control technology on covered equipment, with an engine that 
does not meet any particulate matter emission standards for the 
applicable engine power group issued by the Environmental Protection 
Agency, on a covered highway project within a PM<INF>2.5</INF> 
nonattainment or maintenance area.
    ``(b) Definitions.--In this section, the following definitions 
apply:
            ``(1) Covered equipment.--The term `covered construction 
        equipment' means any off-road diesel equipment or on-road 
        diesel equipment that is operated on a covered highway 
        construction project for not less than 80 hours over the life 
        of the project.
            ``(2) Covered highway construction project.--The term 
        `covered highway construction project' means a highway 
        construction project carried out under this title or any other 
        Federal law which is funded in whole or in part with Federal 
        funds.
            ``(3) Diesel emission control technology.--The term `diesel 
        emission control technology' means a technology that--
                    ``(A) is--
                            ``(i) a diesel exhaust control technology;
                            ``(ii) a diesel engine upgrade;
                            ``(iii) a diesel engine repower; or
                            ``(iv) an idle reduction control 
                        technology; and
                    ``(B) reduces PM<INF>2.5</INF> emissions from 
                covered equipment by--
                            ``(i) not less than 85 percent control of 
                        any emission of particulate matter; or
                            ``(ii) the maximum achievable reduction of 
                        any emission of particulate matter.
            ``(4) Eligible entity.--The term `eligible entity' means an 
        entity that has entered into a prime contract or agreement with 
        a State to carry out a covered highway construction project.
            ``(5) Off-road diesel equipment.--
                    ``(A) In general.--The term `off-road diesel 
                equipment' means a vehicle, including covered 
                equipment, that is--
                            ``(i) powered by a nonroad diesel engine of 
                        not less than 50 horsepower; and
                            ``(ii) not intended for highway use.
                    ``(B) Inclusions.--The term `off-road diesel 
                equipment' includes a backhoe, bulldozer, compressor, 
                crane, excavator, generator, and similar equipment.
                    ``(C) Exclusions.--The term `off-road diesel 
                equipment' does not include a locomotive or marine 
                vessel.
            ``(6) On-road diesel equipment.--The term `on-road diesel 
        equipment' means any self-propelled vehicle that--
                    ``(A) operates on diesel fuel;
                    ``(B) is designed to transport persons or property 
                on a street or highway; and
                    ``(C) has a gross vehicle weight rating of at least 
                14,000 pounds.
            ``(7) PM<INF>2.5</INF> nonattainment or maintenance area.--
        The term `PM<INF>2.5</INF> nonattainment or maintenance area' 
        means a nonattainment or maintenance area designated under 
        section 107(d)(6) of the Clean Air Act (42 U.S.C. 7407(d)(6)).
    ``(c) Criteria Eligible Activities.--
            ``(1) Diesel exhaust control technology.--For a diesel 
        exhaust control technology, the technology shall be--
                    ``(A) installed on a diesel engine or vehicle;
                    ``(B) included in the list of verified or certified 
                technologies for non-road vehicles and non-road engines 
                (as defined in section 216 of the Clean Air Act (42 
                U.S.C. 7550)) published pursuant to subsection (f)(2) 
                of section 149, as in effect on the day before the date 
                of enactment of the MAP-21; and
                    ``(C) certified by the installer as having been 
                installed in accordance with the specifications 
                included on the list referred to in subclause (II) for 
                achieving a reduction in PM<INF>2.5</INF>.
            ``(2) Diesel engine upgrade.--For a diesel engine upgrade, 
        the upgrade shall be performed on an engine that is--
                    ``(A) rebuilt using new components that 
                collectively appear as a system in the list of verified 
                or certified technologies for non-road vehicles and 
                non-road engines (as defined in section 216 of the 
                Clean Air Act (42 U.S.C. 7550)) published pursuant to 
                subsection (f)(2) of section 149, as in effect on the 
                day before the date of enactment of the MAP-21; and
                    ``(B) certified by the installer to have been 
                installed in accordance with the specifications 
                included on the list referred to in subclause (I) for 
                achieving a reduction in PM<INF>2.5</INF>.
            ``(3) Diesel engine repower.--For a diesel engine repower, 
        the repower shall be conducted on a new or remanufactured 
        diesel engine that is--
                    ``(A) installed as a replacement for an engine used 
                in the existing equipment, subject to the condition 
                that the replaced engine is--
                            ``(i) used for scrap;
                            ``(ii) permanently disabled; or
                            ``(iii) returned to the original 
                        manufacturer for remanufacture to a PM level 
                        that is at least equivalent to a Tier 2 
                        emission standard; and
                    ``(B) certified by the engine manufacturer as 
                meeting the emission standards for new vehicles for the 
                applicable engine power group established by the 
                Environmental Protection Agency as in effect on the 
                date on which the engine is remanufactured.
            ``(4) Idle reduction control technology.--For an idle 
        reduction control technology, the technology shall be--
                    ``(A) installed on a diesel engine or vehicle;
                    ``(B) included in the list of verified or certified 
                technologies for non-road vehicles and non-road engines 
                (as defined in section 216 of the Clean Air Act (42 
                U.S.C. 7550)) published pursuant to subsection (f)(2) 
                of section 149, as in effect on the day before the date 
                of enactment of the MAP-21; and
                    ``(C) certified by the installer as having been 
                installed in accordance with the specifications 
                included on the list referred to in subclause (II) for 
                achieving a reduction in PM<INF>2.5</INF>.''.
    (b) Savings Clause.--Nothing in this section modifies or otherwise 
affects any authority or restrictions established under the Clean Air 
Act (42 U.S.C. 7401 et seq.).
    (c) Report to Congress.--
            (1) In general.--Not later than 21 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Environment 
        and Public Works of the Senate a report that describes the 
        manners in which section 330 of title 23, United States Code 
        (as added by subsection (a)) has been implemented, including 
        the quantity of covered equipment serviced under those sections 
        and the costs associated with servicing the covered equipment.
            (2) Information from states.--The Secretary shall require 
        States and recipients, as a condition of receiving amounts 
        under this Act or under the provisions of any amendments made 
        by this Act, to submit to the Secretary any information that 
        the Secretary determines necessary to complete the report under 
        paragraph (1).
    (d) Technical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by adding at the end the following:

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

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

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

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

    Section 1023(h)(1) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-388) is 
amended by striking ``, for the period beginning on October 6, 1992, 
and ending on October 1, 2009,''.

SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT AMENDMENTS.

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

``SEC. 214. AGENCY COORDINATION.

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

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

    (a) In General.--The Secretary shall encourage the States and 
regional transportation planning agencies to enter into contracts and 
cooperative agreements with Healthy Futures Corps under section 
122(a)(2) of the National and Community Service Act of 1990 (42 U.S.C. 
12572(a)(2)) or qualified urban youth corps (as defined in section 
106(c) of the National and Community Service Trust Act of 1993 (42 
U.S.C. 12656(c)) to perform--
            (1) appropriate projects eligible under sections 162, 206, 
        and 217 of title 23, United States Code;
            (2) appropriate transportation enhancement activities (as 
        defined in section 101(a) of such title);
            (3) appropriate transportation byway, trail, or bicycle and 
        pedestrian projects under section 204 of such title; and
            (4) appropriate safe routes to school projects under 
        section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 
        1228).
    (b) Requirements.--Under any contract or cooperative agreement 
entered into with a Healthy Futures Corps or qualified urban youth 
corps under this section, the Secretary--
            (1) shall establish the amount of a living allowance or 
        rate of pay for each participant in such corps--
                    (A) at such amount or rate as is required under 
                State law in a State with such a requirement; or
                    (B) for corps in a State not described in 
                subparagraph (A), at such amount or rate as determined 
                by the Secretary, not to exceed the maximum living 
                allowance authorized by section 140 of the National and 
                Community Service Act of 1990 (42 U.S.C. 12594); and
            (2) shall not subject such corps to the requirements of 
        section 112 of title 23, United States Code.

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

    (a) Consolidation of Programs.--From administrative funds made 
available under section 104(a) of title 23, United States Code, not 
less than $10,000,000 for each fiscal year shall be made available for 
the following activities:
            (1) To carry out the operation lifesaver program--
                    (A) to provide public information and education 
                programs to help prevent and reduce motor vehicle 
                accidents, injuries, and fatalities; and
                    (B) to improve driver performance at railway-
                highway crossings.
            (2) To operate the national work zone safety information 
        clearinghouse authorized by section 358(b)(2) of the National 
        Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 
        Stat. 625)
            (3) To operate a public road safety clearinghouse in 
        accordance with section 1411(a) of the SAFETEA-LU (23 U.S.C. 
        402 note; 119 Stat. 1234).
            (4) To operate a bicycle and pedestrian safety 
        clearinghouse in accordance with section 1411(b) of the 
        SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1234).
            (5) To operate a national safe routes to school 
        clearinghouse in accordance with section 1404(g) of the 
        SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1229).
            (6) To provide work zone safety grants in accordance with 
        subsections (a) and (b) of section 1409 of the SAFETEA-LU (23 
        U.S.C. 401 note; 119 Stat. 1232).
    (b) Repeals.--Sections 105, 110, 117, 124, 147, 151, 155, 160, and 
303 of title 23, United States Code, are repealed.
    (c) Conforming Amendments.--
            (1) Title analysis.--The analysis for title 23, United 
        States Code, is amended by striking the items relating to 
        sections 105, 110, 117, 124, 147, 152, 155, 160, and 303 of 
        that title.
            (2) Section 118.--Section 118 of such title is amended--
                    (A) in subsection (b)--
                            (i) by striking paragraph (1) and all that 
                        follows through the heading of paragraph (2); 
                        and
                            (ii) by striking ``(other than for 
                        Interstate construction)''; and
                    (B) by striking subsection (c); and
                    (C) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.
            (3) Section 130.--Section 130 of such title is amended--
                    (A) by striking subsections (e) through (h);
                    (B) by redesignating subsection (i) as subsection 
                (e);
                    (C) by striking subsections (j) and (k);
                    (D) by redesignating subsection (l) as subsection 
                (f);
                    (E) in subsection (e) (as so redesignated) by 
                striking ``this section'' the second place it appears 
                and inserting ``section 104(b)(3)''; and
                    (F) in subsection (f) (as so redesignated) by 
                striking paragraphs (3) and (4).
            (4) Section 142.--Section 142 of title 23, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking ``motor vehicles 
                                (other than rail)'' and inserting 
                                ``buses'';
                                    (II) by striking ``(hereafter in 
                                this section referred to as `buses')'';
                                    (III) by striking ``Federal-aid 
                                systems'' and inserting ``Federal-aid 
                                highways''; and
                                    (IV) by striking ``Federal-aid 
                                system'' and inserting ``Federal-aid 
                                highway''; and
                            (ii) in paragraph (2)--
                                    (I) by striking ``as a project on 
                                the the surface transportation program 
                                for''; and
                                    (II) by striking ``section 
                                104(b)(3)'' and inserting ``section 
                                104(b)(2);
                    (B) in subsection (b) by striking ``104(b)(4)'' and 
                inserting ``104(b)(1)'';
                    (C) in subsection (c)--
                            (i) by striking ``system'' in each place it 
                        appears and inserting ``highway''; and
                            (ii) by striking ``highway facilities'' and 
                        inserting ``highways eligible under the program 
                        that is the source of the funds'';
                    (D) in subsection (e)(2)--
                            (i) by striking ``Notwithstanding section 
                        209(f)(1) of the Highway Revenue Act of 1956, 
                        the Highway Trust Fund shall be available for 
                        making expenditures to meet obligations 
                        resulting from projects authorized by 
                        subsection (a)(2) of this section and such 
                        projects'' and inserting ``Projects authorized 
                        by subsection (a)(2)''; and
                            (ii) striking ``on the surface 
                        transportation program'' and inserting ``under 
                        the transportation mobility program''; and
                    (E) in subsection (f) by striking ``exits'' and 
                inserting ``exists''.
            (5) Section 145.--Section 145(b) of title 23, United States 
        Code, is amended by striking ``section 117 of this title,''.
            (6) Section 322.--Section 322(h)(3) of title 23, United 
        States Code, is amended by striking ``surface transportation 
        program'' and inserting ``the transportation mobility 
        program''.

SEC. 1517. RESCISSIONS.

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

SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELECTION.

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

                    TITLE II--RESEARCH AND EDUCATION

                          Subtitle A--Funding

SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.

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

            Subtitle B--Research, Technology, and Education

SEC. 2201. RESEARCH, TECHNOLOGY, AND EDUCATION.

    Section 501 of title 23, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (8);
            (2) by inserting after paragraph (1) the following:
            ``(2) Incident.--The term `incident' means a crash, natural 
        disaster, workzone activity, special event, or other emergency 
        road user occurrence that adversely affects or impedes the 
        normal flow of traffic.
            ``(3) Innovation lifecycle.--The term `innovation 
        lifecycle' means the process of innovating through--
                    ``(A) the identification of a need;
                    ``(B) the establishment of the scope of research to 
                address that need;
                    ``(C) setting an agenda;
                    ``(D) carrying out research, development, 
                deployment, and testing of the resulting technology or 
                innovation; and
                    ``(E) carrying out an evaluation of the impact of 
                the resulting technology or innovation.
            ``(4) Intelligent transportation infrastructure.--The term 
        `intelligent transportation infrastructure' means fully 
        integrated public sector intelligent transportation system 
        components, as defined by the Secretary.
            ``(5) Intelligent transportation system.--The terms 
        `intelligent transportation system' and `ITS' mean electronics, 
        photonics, communications, or information processing used 
        singly or in combination to improve the efficiency or safety of 
        a surface transportation system.
            ``(6) National architecture.--For purposes of this chapter, 
        the term `national architecture' means the common framework for 
        interoperability that defines--
                    ``(A) the functions associated with intelligent 
                transportation system user services;
                    ``(B) the physical entities or subsystems within 
                which the functions reside;
                    ``(C) the data interfaces and information flows 
                between physical subsystems; and
                    ``(D) the communications requirements associated 
                with the information flows.
            ``(7) Project.--The term `project' means an undertaking to 
        research, develop, or operationally test intelligent 
        transportation systems or any other undertaking eligible for 
        assistance under this chapter.''; and
            (3) by inserting after paragraph (8) (as so redesignated) 
        the following:
            ``(9) Standard.--The term `standard' means a document 
        that--
                    ``(A) contains technical specifications or other 
                precise criteria for intelligent transportation systems 
                that are to be used consistently as rules, guidelines, 
                or definitions of characteristics so as to ensure that 
                materials, products, processes, and services are fit 
                for the intended purposes of the materials, products, 
                processes, and services; and
                    ``(B) may support the national architecture and 
                promote--
                            ``(i) the widespread use and adoption of 
                        intelligent transportation system technology as 
                        a component of the surface transportation 
                        systems of the United States; and
                            ``(ii) interoperability among intelligent 
                        transportation system technologies implemented 
                        throughout the States.''.

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

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

                                                    ``(AA) injury, 
                                                death, damage, or loss 
                                                of property; or

                                                    ``(BB) loss of 
                                                revenue or profits, 
                                                whether direct, 
                                                indirect, or 
                                                consequential; and

                                    ``(III) require any individual or 
                                entity that registers for a prize 
                                competition to waive all claims against 
                                any non-Federal entity operating or 
                                managing the prize competition, such as 
                                a private contractor managing 
                                competition activities, to the extent 
                                that the Secretary believes is 
                                necessary to protect the interests of 
                                the Federal Government.
                    ``(C) Relationship to other authority.--The 
                Secretary may exercise the authority in this section in 
                conjunction with, or in addition to, any other 
                authority of the Secretary to acquire, support, or 
                stimulate innovations with the potential for 
                application to the Federal highway research technology 
                and education program.'';
            (4) in subsection (c)--
                    (A) in paragraph (3)(A)--
                            (i) by striking ``subsection'' and 
                        inserting ``chapter''; and
                            (ii) by striking ``50'' and inserting 
                        ``80''; and
                    (B) in paragraph (4) by striking ``subsection'' and 
                inserting ``chapter''; and
            (5) by striking subsections (d) through (j).
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by striking the item relating to section 
502 and inserting the following:

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

SEC. 2203. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.

    (a) In General.--Section 503 of title 23, United States Code, is 
amended to read as follows:
``Sec. 503. Research and technology development and deployment
    ``(a) In General.--The Secretary shall--
            ``(1) carry out research, development, and deployment 
        activities that encompass the entire innovation lifecycle; and
            ``(2) ensure that all research carried out under this 
        section aligns with the transportation research and development 
        strategic plan of the Secretary.
    ``(b) Highway Research and Development Program.--
            ``(1) Objectives.--In carrying out the highway research and 
        development program, the Secretary, to address current and 
        emerging highway transportation needs, shall--
                    ``(A) identify research topics;
                    ``(B) coordinate domestic and international 
                research and development activities;
                    ``(C) carry out research, testing, and evaluation 
                activities; and
                    ``(D) provide technology transfer and technical 
                assistance.
            ``(2) Contents.--Research and development activities 
        carried out under this section may include any of the following 
        activities:
                    ``(A) Improving highway safety.--
                            ``(i) In general.--The Secretary shall 
                        carry out research and development activities 
                        from an integrated perspective to establish and 
                        implement systematic measures to improve 
                        highway safety.
                            ``(ii) Objectives.--In carrying out this 
                        subparagraph the Secretary shall carry out 
                        research and development activities--
                                    ``(I) to achieve greater long-term 
                                safety gains;
                                    ``(II) to reduce the number of 
                                fatalities and serious injuries on 
                                public roads;
                                    ``(III) to fill knowledge gaps that 
                                limit the effectiveness of research;
                                    ``(IV) to support the development 
                                and implementation of State strategic 
                                highway safety plans;
                                    ``(V) to advance improvements in, 
                                and use of, performance prediction 
                                analysis for decisionmaking; and
                                    ``(VI) to expand technology 
                                transfer to partners and stakeholders.
                            ``(iii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) safety assessments and 
                                decisionmaking tools;
                                    ``(II) data collection and 
                                analysis;
                                    ``(III) crash reduction 
                                projections;
                                    ``(IV) low-cost safety 
                                countermeasures;
                                    ``(V) innovative operational 
                                improvements and designs of roadway and 
                                roadside features;
                                    ``(VI) evaluation of countermeasure 
                                costs and benefits;
                                    ``(VII) development of tools for 
                                projecting impacts of safety 
                                countermeasures;
                                    ``(VIII) rural road safety 
                                measures;
                                    ``(IX) safety measures for 
                                vulnerable road users, including 
                                bicyclists and pedestrians;
                                    ``(X) safety policy studies;
                                    ``(XI) human factors studies and 
                                measures;
                                    ``(XII) safety technology 
                                deployment;
                                    ``(XIII) safety workforce 
                                professional capacity building 
                                initiatives;
                                    ``(XIV) safety program and process 
                                improvements; and
                                    ``(XV) tools and methods to enhance 
                                safety performance, including 
                                achievement of statewide safety 
                                performance targets.
                    ``(B) Improving infrastructure integrity.--
                            ``(i) In general.--The Secretary shall 
                        carry out and facilitate highway infrastructure 
                        research and development activities--
                                    ``(I) to maintain infrastructure 
                                integrity;
                                    ``(II) to meet user needs; and
                                    ``(III) to link Federal 
                                transportation investments to 
                                improvements in system performance.
                            ``(ii) Objectives.--In carrying out this 
                        subparagraph, the Secretary shall carry out 
                        research and development activities--
                                    ``(I) to reduce the number of 
                                fatalities attributable to 
                                infrastructure design characteristics 
                                and work zones;
                                    ``(II) to improve the safety and 
                                security of highway infrastructure;
                                    ``(III) to increase the reliability 
                                of lifecycle performance predictions 
                                used in infrastructure design, 
                                construction, and management;
                                    ``(IV) to improve the ability of 
                                transportation agencies to deliver 
                                projects that meet expectations for 
                                timeliness, quality, and cost;
                                    ``(V) to reduce user delay 
                                attributable to infrastructure system 
                                performance, maintenance, 
                                rehabilitation, and construction;
                                    ``(VI) to improve highway condition 
                                and performance through increased use 
                                of design, materials, construction, and 
                                maintenance innovations;
                                    ``(VII) to reduce the lifecycle 
                                environmental impacts of highway 
                                infrastructure through innovations in 
                                design, construction, operation, 
                                preservation, and maintenance; and
                                    ``(VIII) to study vulnerabilities 
                                of the transportation system to seismic 
                                activities and extreme events and 
                                methods to reduce those 
                                vulnerabilities.
                            ``(iii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) long-term infrastructure 
                                performance programs addressing 
                                pavements, bridges, tunnels, and other 
                                structures;
                                    ``(II) short-term and accelerated 
                                studies of infrastructure performance;
                                    ``(III) research to develop more 
                                durable infrastructure materials and 
                                systems;
                                    ``(IV) advanced infrastructure 
                                design methods;
                                    ``(V) accelerated highway 
                                construction;
                                    ``(VI) performance-based 
                                specifications;
                                    ``(VII) construction and materials 
                                quality assurance;
                                    ``(VIII) comprehensive and 
                                integrated infrastructure asset 
                                management;
                                    ``(IX) infrastructure safety 
                                assurance;
                                    ``(X) highway infrastructure 
                                security;
                                    ``(XI) sustainable infrastructure 
                                design and construction;
                                    ``(XII) infrastructure 
                                rehabilitation and preservation 
                                techniques, including techniques to 
                                rehabilitate and preserve historic 
                                infrastructure;
                                    ``(XIII) hydraulic, geotechnical, 
                                and aerodynamic aspects of 
                                infrastructure;
                                    ``(XIV) improved highway 
                                construction technologies and 
                                practices;
                                    ``(XV) improved tools, 
                                technologies, and models for 
                                infrastructure management, including 
                                assessment and monitoring of 
                                infrastructure condition;
                                    ``(XVI) studies to improve 
                                flexibility and resiliency of 
                                infrastructure systems to withstand 
                                climate variability;
                                    ``(XVII) studies of infrastructure 
                                resilience and other adaptation 
                                measures; and
                                    ``(XVIII) maintenance of seismic 
                                research activities, including research 
                                carried out in conjunction with other 
                                Federal agencies to study the 
                                vulnerability of the transportation 
                                system to seismic activity and methods 
                                to reduce that vulnerability.
                            ``(iv) Lifecycle costs analysis study.--
                                    ``(I) In general.--In this clause, 
                                the term `lifecycle costs analysis' 
                                means a process for evaluating the 
                                total economic worth of a usable 
                                project segment by analyzing initial 
                                costs and discounted future costs, such 
                                as maintenance, user, reconstruction, 
                                rehabilitation, restoring, and 
                                resurfacing costs, over the life of the 
                                project segment.
                                    ``(II) Study.--The Comptroller 
                                General shall conduct a study of the 
                                best practices for calculating 
                                lifecycle costs for federally funded 
                                highway projects. At a minimum, this 
                                study shall include a thorough 
                                literature review and a survey of 
                                current lifecycle cost practices of 
                                State departments of transportation.
                                    ``(III) Consultation.--In carrying 
                                out this study, the Comptroller shall 
                                consult with, at a minimum--
                                            ``(aa) the American 
                                        Association of State Highway 
                                        and Transportation Officials;
                                            ``(bb) appropriate experts 
                                        in the field of lifecycle cost 
                                        analysis; and
                                            ``(cc) appropriate industry 
                                        experts and research centers.
                                    ``(IV) Report.--Not later than 1 
                                year after the date of enactment of the 
                                MAP-21, the Comptroller General shall 
                                submit to the Committee on Environment 
                                and Public Works of the Senate and the 
                                Committee on Transportation and 
                                Infrastructure of the House of 
                                Representatives a report on the results 
                                of the study which shall include, but 
                                is not limited to--
                                            ``(aa) a summary of the 
                                        latest research on lifecycle 
                                        cost analysis; and
                                            ``(bb) recommendations on 
                                        the appropriate--

                                                    ``(AA) period of 
                                                analysis;

                                                    ``(BB) design 
                                                period;

                                                    ``(CC) discount 
                                                rates; and

                                                    ``(DD) use of 
                                                actual material life 
                                                and maintenance cost 
                                                data.

                    ``(C) Strengthening transportation planning and 
                environmental decisionmaking.--
                            ``(i) In general.--The Secretary shall 
                        carry out research--
                                    ``(I) to improve transportation 
                                planning and environmental 
                                decisionmaking processes; and
                                    ``(II) to minimize the impact of 
                                surface transportation on the 
                                environment and quality of life.
                            ``(ii) Objectives.--In carrying out this 
                        subparagraph the Secretary shall carry out 
                        research and development activities--
                                    ``(I) to reduce the impact of 
                                highway infrastructure and operations 
                                on the natural and human environment;
                                    ``(II) to advance improvements in 
                                environmental analyses and processes 
                                and context sensitive solutions for 
                                transportation decisionmaking;
                                    ``(III) to improve construction 
                                techniques;
                                    ``(IV) to accelerate construction 
                                to reduce congestion and related 
                                emissions;
                                    ``(V) to reduce the impact of 
                                highway runoff on the environment;
                                    ``(VI) to maintain sustainability 
                                of biological communities and 
                                ecosystems adjacent to highway 
                                corridors;
                                    ``(VII) to improve understanding 
                                and modeling of the factors that 
                                contribute to the demand for 
                                transportation;
                                    ``(VIII) to improve transportation 
                                planning decisionmaking and 
                                coordination; and
                                    ``(IX) to reduce the environmental 
                                impacts of freight movement.
                            ``(iii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) creation of models and tools 
                                for evaluating transportation measures 
                                and transportation system designs;
                                    ``(II) congestion reduction 
                                efforts;
                                    ``(III) transportation planning in 
                                rural areas and small communities;
                                    ``(IV) improvement of State, local, 
                                and tribal capabilities relating to 
                                surface transportation planning and the 
                                environment;
                                    ``(V) environmental stewardship and 
                                sustainability activities;
                                    ``(VI) streamlining of project 
                                delivery processes;
                                    ``(VII) development of effective 
                                strategies and techniques to analyze 
                                and minimize impacts to the natural and 
                                human environment and provide 
                                environmentally beneficial mitigation;
                                    ``(VIII) comprehensive 
                                multinational planning;
                                    ``(IX) multistate transportation 
                                corridor planning;
                                    ``(X) improvement of transportation 
                                choices, including walking, bicycling, 
                                and linkages to public transportation;
                                    ``(XI) ecosystem sustainability;
                                    ``(XII) wildlife and plant 
                                population connectivity and interaction 
                                across and along highway corridors;
                                    ``(XIII) analysis, measurement, and 
                                reduction of air pollution from 
                                transportation sources;
                                    ``(XIV) advancement in the 
                                understanding of health impact analyses 
                                in transportation planning and project 
                                development;
                                    ``(XV) transportation planning 
                                professional development;
                                    ``(XVI) research on improving the 
                                cooperation and integration of 
                                transportation planning with other 
                                regional plans, including land use, 
                                energy, water infrastructure, and 
                                housing plans; and
                                    ``(XVII) reducing the environmental 
                                impacts of freight movement.
                    ``(D) Reducing congestion, improving highway 
                operations, and enhancing freight productivity.--
                            ``(i) In general.--The Secretary shall 
                        carry out research under this subparagraph with 
                        the goals of--
                                    ``(I) addressing congestion 
                                problems;
                                    ``(II) reducing the costs of 
                                congestion;
                                    ``(III) improving freight movement;
                                    ``(IV) increasing productivity; and
                                    ``(V) improving the economic 
                                competitiveness of the United States.
                            ``(ii) Objectives.--In carrying out this 
                        subparagraph, the Secretary shall carry out 
                        research and development activities to 
                        identify, develop, and assess innovations that 
                        have the potential--
                                    ``(I) to reduce traffic congestion;
                                    ``(II) to improve freight movement; 
                                and
                                    ``(III) to reduce freight-related 
                                congestion throughout the 
                                transportation network.
                            ``(iii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) active traffic and demand 
                                management;
                                    ``(II) acceleration of the 
                                implementation of Intelligent 
                                Transportation Systems technology;
                                    ``(III) advanced transportation 
                                concepts and analysis;
                                    ``(IV) arterial management and 
                                traffic signal operation;
                                    ``(V) congestion pricing;
                                    ``(VI) corridor management;
                                    ``(VII) emergency operations;
                                    ``(VIII) research relating to 
                                enabling technologies and applications;
                                    ``(IX) freeway management;
                                    ``(X) evaluation of enabling 
                                technologies;
                                    ``(XI) freight industry 
                                professional development;
                                    ``(XII) impacts of vehicle size and 
                                weight on congestion;
                                    ``(XIII) freight operations and 
                                technology;
                                    ``(XIV) operations and freight 
                                performance measurement and management;
                                    ``(XV) organization and planning 
                                for operations;
                                    ``(XVI) planned special events 
                                management;
                                    ``(XVII) real-time transportation 
                                information;
                                    ``(XVIII) road weather management;
                                    ``(XIX) traffic and freight data 
                                and analysis tools;
                                    ``(XX) traffic control devices;
                                    ``(XXI) traffic incident 
                                management;
                                    ``(XXII) work zone management;
                                    ``(XXIII) communication of travel, 
                                roadway, and emergency information to 
                                persons with disabilities; and
                                    ``(XXIV) research on enhanced mode 
                                choice and intermodal connectivity.
                    ``(E) Assessing policy and system financing 
                alternatives.--
                            ``(i) In general.--The Secretary shall 
                        carry out research and technology on emerging 
                        issues in the domestic and international 
                        transportation community from a policy 
                        perspective.
                            ``(ii) Objectives.--Research and technology 
                        activities carried out under this subparagraph 
                        shall provide information to policy and 
                        decisionmakers on current and emerging 
                        transportation issues.
                            ``(iii) Research activities.--Activities 
                        carried out under this subparagraph shall 
                        include--
                                    ``(I) the planning and integration 
                                of a coordinated program related to the 
                                possible design, interoperability, and 
                                institutional roles of future 
                                sustainable transportation revenue 
                                mechanisms;
                                    ``(II) field trials to research 
                                potential alternative revenue 
                                mechanisms, and may partner with 
                                individual States, groups of States, or 
                                other entities to implement such 
                                trials; and
                                    ``(III) other activities to study 
                                new methods which preserve a user-fee 
                                structure to maintain the long-term 
                                solvency of the Highway Trust Fund.
                            ``(iv) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) highway needs and investment 
                                analysis;
                                    ``(II) motor fuel tax evasion 
                                program;
                                    ``(III) advancing innovations in 
                                revenue generation, financing, and 
                                procurement for project delivery;
                                    ``(IV) improving the accuracy of 
                                project cost analyses;
                                    ``(V) highway performance 
                                measurement;
                                    ``(VI) travel demand performance 
                                measurement;
                                    ``(VII) highway finance performance 
                                measurement;
                                    ``(VIII) international technology 
                                exchange initiatives;
                                    ``(IX) infrastructure investment 
                                needs reports;
                                    ``(X) promotion of the 
                                technologies, products, and best 
                                practices of the United States; and
                                    ``(XI) establishment of 
                                partnerships among the United States, 
                                foreign agencies, and transportation 
                                experts.
                            ``(v) Funding.--Of the funds authorized to 
                        carry out this subsection, no less than 50 
                        percent shall be used to carry out clause 
                        (iii).
                    ``(F) Infrastructure investment needs report.--
                            ``(i) In general.--Not later than July 31, 
                        2012, and July 31 of every second year 
                        thereafter, the Secretary shall submit to the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Environment and Public Works of 
                        the Senate a report that describes estimates of 
                        the future highway and bridge needs of the 
                        United States and the backlog of current 
                        highway and bridge needs.
                            ``(ii) Comparisons.--Each report under 
                        clause (i) shall include all information 
                        necessary to relate and compare the conditions 
                        and service measures used in the previous 
                        biennial reports to conditions and service 
                        measures used in the current report.
                            ``(iii) Inclusions.--Each report under 
                        clause (i) shall provide recommendations to 
                        Congress on changes to the Highway Performance 
                        Monitoring System that address--
                                    ``(I) improvements to the quality 
                                and standardization of data collection 
                                on all functional classifications of 
                                Federal-aid highways for accurate 
                                system length, lane length, and 
                                vehicle-mile of travel; and
                                    ``(II) changes to the reporting 
                                requirements authorized under section 
                                315, to reflect recommendations under 
                                this paragraph for collection, storage, 
                                analysis, reporting, and display of 
                                data for Federal-aid highways and, to 
                                the maximum extent practical, all 
                                public roads.
                    ``(G) Exploring next generation solutions and 
                capitalizing on the highway research center.--
                            ``(i) In general.--The Secretary shall 
                        carry out research and development activities 
                        relating to exploratory advanced research--
                                    ``(I) to leverage the targeted 
                                capabilities of the Turner-Fairbank 
                                Highway Research Center to develop 
                                technologies and innovations of 
                                national importance; and
                                    ``(II) to develop potentially 
                                transformational solutions to improve 
                                the durability, efficiency, 
                                environmental impact, productivity, and 
                                safety aspects of highway and 
                                intermodal transportation systems.
                            ``(ii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) long-term, high-risk research 
                                to improve the materials used in 
                                highway infrastructure;
                                    ``(II) exploratory research to 
                                assess the effects of transportation 
                                decisions on human health;
                                    ``(III) advanced development of 
                                surrogate measures for highway safety;
                                    ``(IV) transformational research to 
                                affect complex environmental and 
                                highway system relationships;
                                    ``(V) development of economical and 
                                environmentally sensitive designs, 
                                efficient and quality-controlled 
                                construction practices, and durable 
                                materials;
                                    ``(VI) development of advanced data 
                                acquisition techniques for system 
                                condition and performance monitoring;
                                    ``(VII) inclusive research for 
                                hour-to-hour operational decisionmaking 
                                and simulation forecasting;
                                    ``(VIII) understanding current and 
                                emerging phenomena to inform next 
                                generation transportation policy 
                                decisionmaking; and
                                    ``(IX) continued improvement and 
                                advancement of the Turner-Fairbank 
                                Highway Research Center.
                    ``(H) Aligning national challenges and 
                disseminating information.--
                            ``(i) In general.--The Secretary shall 
                        conduct research and development activities--
                                    ``(I) to establish a nationally 
                                coordinated highway research agenda 
                                that--
                                            ``(aa) focuses on topics of 
                                        national significance;
                                            ``(bb) addresses current 
                                        gaps in research;
                                            ``(cc) encourages 
                                        collaboration;
                                            ``(dd) reduces unnecessary 
                                        duplication of effort; and
                                            ``(ee) accelerates 
                                        innovation delivery; and
                                    ``(II) to provide relevant 
                                information to researchers and highway 
                                and transportation practitioners to 
                                improve the performance of the 
                                transportation system.
                            ``(ii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) coordination, development, 
                                and implementation of a national 
                                highway research agenda;
                                    ``(II) collaboration on national 
                                emphasis areas of highway research and 
                                coordination among international, 
                                Federal, State, and university research 
                                programs;
                                    ``(III) development and delivery of 
                                research reports and innovation 
                                delivery messages;
                                    ``(IV) identification of market-
                                ready technologies and innovations; and
                                    ``(V) provision of access to data 
                                developed under this subparagraph to 
                                the public, including researchers, 
                                stakeholders, and customers, through a 
                                publicly accessible Internet site.
    ``(c) Technology and Innovation Deployment Program.--
            ``(1) In general.--The Secretary shall carry out a 
        technology and innovation deployment program relating to all 
        aspects of highway transportation, including planning, 
        financing, operation, structures, materials, pavements, 
        environment, construction, and the duration of time between 
        project planning and project delivery, with the goals of--
                    ``(A) significantly accelerating the adoption of 
                innovative technologies by the surface transportation 
                community;
                    ``(B) providing leadership and incentives to 
                demonstrate and promote state-of-the-art technologies, 
                elevated performance standards, and new business 
                practices in highway construction processes that result 
                in improved safety, faster construction, reduced 
                congestion from construction, and improved quality and 
                user satisfaction;
                    ``(C) constructing longer-lasting highways through 
                the use of innovative technologies and practices that 
                lead to faster construction of efficient and safe 
                highways and bridges;
                    ``(D) improving highway efficiency, safety, 
                mobility, reliability, service life, environmental 
                protection, and sustainability; and
                    ``(E) developing and deploying new tools, 
                techniques, and practices to accelerate the adoption of 
                innovation in all aspects of highway transportation.
            ``(2) Implementation.--
                    ``(A) In general.--The Secretary shall promote, 
                facilitate, and carry out the program established under 
                paragraph (1) to distribute the products, technologies, 
                tools, methods, or other findings that result from 
                highway research and development activities, including 
                research and development activities carried out under 
                this chapter.
                    ``(B) Accelerated innovation deployment.--In 
                carrying out the program established under paragraph 
                (1), the Secretary shall--
                            ``(i) establish and carry out demonstration 
                        programs;
                            ``(ii) provide incentives, technical 
                        assistance, and training to researchers and 
                        developers; and
                            ``(iii) develop improved tools and methods 
                        to accelerate the adoption of proven innovative 
                        practices and technologies as standard 
                        practices.
                    ``(C) Implementation of future strategic highway 
                research program findings and results.--
                            ``(i) In general.--The Secretary, in 
                        consultation with the American Association of 
                        State Highway and Transportation Officials and 
                        the Transportation Research Board of the 
                        National Academy of Sciences, shall implement 
                        the findings and recommendations developed 
                        under the future strategic highway research 
                        program established under section 510.
                            ``(ii) Basis for findings.--The activities 
                        carried out under this subparagraph shall be 
                        based on the report submitted to Congress by 
                        the Transportation Research Board of the 
                        National Academy of Sciences under section 
                        510(e).
                            ``(iii) Personnel.--The Secretary may use 
                        funds made available to carry out this 
                        subsection for administrative costs under this 
                        subparagraph, which funds shall be used in 
                        addition to any other funds made available for 
                        that purpose.
                            ``(iv) Fees.--
                                    ``(I) In general.--The Secretary 
                                may impose and collect fees to recover 
                                costs associated with special data or 
                                analysis requests relating to safety 
                                naturalistic driving databases 
                                developed under the future of strategic 
                                highway research program.
                                    ``(II) Use of fee amounts.--
                                            ``(aa) In general.--Any 
                                        fees collected under this 
                                        clause shall be made available 
                                        to the Secretary to carry out 
                                        this section and shall remain 
                                        available for expenditure until 
                                        expended.
                                            ``(bb) Supplement, not 
                                        supplant.--Any fee amounts 
                                        collected under this clause 
                                        shall supplement, but not 
                                        supplant, amounts made 
                                        available to the Secretary to 
                                        carry out this title.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by striking the item relating to section 
503 and inserting the following:

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

SEC. 2204. TRAINING AND EDUCATION.

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

SEC. 2205. STATE PLANNING AND RESEARCH.

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

SEC. 2206. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.

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

SEC. 2207. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE RESEARCH 
              PROGRAM.

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

SEC. 2208. NATIONAL COOPERATIVE FREIGHT RESEARCH.

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

SEC. 2209. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

    (a) In General.--Section 5505 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5505. University transportation centers program
    ``(a) University Transportation Centers Program.--
            ``(1) Establishment and operation.--The Secretary shall 
        make grants under this section to eligible nonprofit 
        institutions of higher education to establish and operate 
        university transportation centers.
            ``(2) Role of centers.--The role of each university 
        transportation center referred to in paragraph (1) shall be--
                    ``(A) to advance transportation expertise and 
                technology in the varied disciplines that comprise the 
                field of transportation through education, research, 
                and technology transfer activities;
                    ``(B) to provide for a critical transportation 
                knowledge base outside of the Department of 
                Transportation; and
                    ``(C) to address critical workforce needs and 
                educate the next generation of transportation leaders.
    ``(b) Competitive Selection Process.--
            ``(1) Applications.--To receive a grant under this section, 
        a nonprofit institution of higher education shall submit to the 
        Secretary an application that is in such form and contains such 
        information as the Secretary may require.
            ``(2) General selection criteria.--
                    ``(A) In general.--Except as otherwise provided by 
                this section, the Secretary shall award grants under 
                this section in nonexclusive candidate topic areas 
                established by the Secretary that address the research 
                priorities identified in section 503 of title 23.
                    ``(B) Criteria.--The Secretary, in conjunction with 
                the Administrators of the Federal Highway 
                Administration and the Federal Transit Administration, 
                shall select each recipient of a grant under this 
                section through a competitive process based on the 
                assessment of the Secretary relating to--
                            ``(i) the demonstrated ability of the 
                        recipient to address each specific topic area 
                        described in the research and strategic plans 
                        of the recipient;
                            ``(ii) the demonstrated research, 
                        technology transfer, and education resources 
                        available to the recipient to carry out this 
                        section;
                            ``(iii) the ability of the recipient to 
                        provide leadership in solving immediate and 
                        long-range national and regional transportation 
                        problems;
                            ``(iv) the ability of the recipient to 
                        carry out research, education, and technology 
                        transfer activities that are multimodal and 
                        multidisciplinary in scope;
                            ``(v) the demonstrated commitment of the 
                        recipient to carry out transportation workforce 
                        development programs through--
                                    ``(I) degree-granting programs;
                                    ``(II) training seminars for 
                                practicing professionals;
                                    ``(III) outreach activities to 
                                attract new entrants into the 
                                transportation field, including women, 
                                minorities, and persons from 
                                disadvantaged communities; and
                                    ``(IV) primary and secondary school 
                                transportation workforce outreach;
                            ``(vi) the demonstrated ability of the 
                        recipient to disseminate results and spur the 
                        implementation of transportation research and 
                        education programs through national or 
                        statewide continuing education programs;
                            ``(vii) the demonstrated commitment of the 
                        recipient to the use of peer review principles 
                        and other research best practices in the 
                        selection, management, and dissemination of 
                        research projects;
                            ``(viii) the strategic plan submitted by 
                        the recipient describing the proposed research 
                        to be carried out by the recipient and the 
                        performance metrics to be used in assessing the 
                        performance of the recipient in meeting the 
                        stated research, technology transfer, 
                        education, and outreach goals; and
                            ``(ix) the ability of the recipient to 
                        implement the proposed program in a cost-
                        efficient manner, such as through cost sharing 
                        and overall reduced overhead, facilities, and 
                        administrative costs.
    ``(c) Grants.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the MAP-21, the Secretary, in conjunction with the 
        Administrators of the Federal Highway Administration and the 
        Federal Transit Administration, shall select grant recipients 
        under subsection (b) and make grant amounts available to the 
        selected recipients.
            ``(2) Tier 1 university transportation centers.--
                    ``(A) In general.--For each of fiscal years 2012 
                and 2013 and subject to subparagraph (B), the Secretary 
                shall provide grants to not more than 15 recipients 
                that the Secretary determines best meet the criteria 
                described in subsection (b)(2).
                    ``(B) Restrictions.--
                            ``(i) In general.--For each fiscal year, a 
                        grant made available under this paragraph shall 
                        not exceed $3,500,000 per recipient.
                            ``(ii) Focused research.--At least 2 of the 
                        recipients awarded a grant under this paragraph 
                        shall have expertise in, and focus research on, 
                        public transportation issues.
                    ``(C) Matching requirement.--
                            ``(i) In general.--As a condition of 
                        receiving a grant under this paragraph, a grant 
                        recipient shall match 100 percent of the 
                        amounts made available under the grant.
                            ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                    ``(I) section 504(b) or 505 of 
                                title 23; and
                                    ``(II) subject to prior approval by 
                                the Secretary, a transportation-related 
                                grant from the National Science 
                                Foundation.
            ``(3) Tier 2 university transportation centers.--
                    ``(A) In general.--For each of fiscal years 2012 
                and 2013, the Secretary shall provide grants of not 
                more than $2,000,000 each to not more than 20 
                recipients to carry out this section.
                    ``(B) Restriction.--A grant recipient under 
                paragraph (2) shall not be eligible to receive a grant 
                under this paragraph.
                    ``(C) Matching requirement.--
                            ``(i) In general.--As a condition of 
                        receiving a grant under this paragraph, a grant 
                        recipient shall match 50 percent of the amounts 
                        made available under the grant.
                            ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                    ``(I) section 504(b) or 505 of 
                                title 23; and
                                    ``(II) subject to prior approval by 
                                the Secretary, a transportation-related 
                                grant from the National Science 
                                Foundation.
                    ``(D) Focused research.--In awarding grants under 
                this paragraph, consideration shall be given to 
                minority institutions, as defined by section 365(3) of 
                the Higher Education Act (20 U.S.C. Sec. 1067k), or 
                consortia that include such institutions that have 
                demonstrated an ability in transportation-related 
                research and for which the requirements of subparagraph 
                (c)(3)(C) shall not apply upon demonstration of 
                financial hardship by the applicant institution.
    ``(d) Program Coordination.--
            ``(1) In general.--The Secretary shall--
                    ``(A) coordinate the research, education, and 
                technology transfer activities carried out by grant 
                recipients under this section; and
                    ``(B) disseminate the results of that research 
                through the establishment and operation of an 
                information clearinghouse.
            ``(2) Annual review and evaluation.--Not less frequently 
        than annually, and consistent with the plan developed under 
        section 508 of title 23, the Secretary shall review and 
        evaluate the programs carried out under this section by grant 
        recipients.
            ``(3) Program evaluation and oversight.--For each of fiscal 
        years 2012 and 2013, the Secretary shall expend not more than 
        1\1/2\ percent of the amounts made available to the Secretary 
        to carry out this section for any coordination, evaluation, and 
        oversight activities of the Secretary under this section and 
        section 5506.
    ``(e) Limitation on Availability of Amounts.--Amounts made 
available to the Secretary to carry out this section shall remain 
available for obligation by the Secretary for a period of 3 years after 
the last day of the fiscal year for which the amounts are appropriated.
    ``(f) Information Collection.--Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to carry out 
reporting requirements relating to any program assessment or evaluation 
activity under this section, including customer satisfaction 
assessments, shall not be subject to chapter 35 of title 44.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by striking the item relating to section 
5505 and inserting the following:

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

SEC. 2210. BUREAU OF TRANSPORTATION STATISTICS.

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

           ``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

``6301. Definitions.
``6302. Bureau of Transportation Statistics.
``6303. Intermodal transportation database.
``6304. National transportation library.
``6305. Advisory council on transportation statistics.
``6306. Transportation statistical collection, analysis, and 
                            dissemination.
``6307. Furnishing of information, data, or reports by Federal 
                            agencies.
``6308. Proceeds of data product sales.
``6309. Information collection.
``6310. National transportation atlas database.
``6311. Limitations on statutory construction.
``6312. Research and development grants.
``6313. Transportation statistics annual report.
``6314. Mandatory response authority for freight data collection.
``Sec. 6301. Definitions.
    ``In this chapter, the following definitions apply:
            ``(1) Bureau.--The term `Bureau' means the Bureau of 
        Transportation Statistics established by section 6302(a).
            ``(2) Department.--The term `Department' means the 
        Department of Transportation.
            ``(3) Director.--The term `Director' means the Director of 
        the Bureau.
            ``(4) Library.--The term `Library' means the National 
        Transportation Library established by section 6304(a).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
``Sec. 6302. Bureau of Transportation Statistics.
    ``(a) Establishment.--There is established in the Research and 
Innovative Technology Administration the Bureau of Transportation 
Statistics.
    ``(b) Director.--
            ``(1) Appointment.--The Bureau shall be headed by a 
        Director, who shall be appointed in the competitive service by 
        the Secretary.
            ``(2) Qualifications.--The Director shall be appointed from 
        among individuals who are qualified to serve as the Director by 
        virtue of training and experience in the collection, analysis, 
        and use of transportation statistics.
            ``(3) Duties.--
                    ``(A) In general.--The Director shall--
                            ``(i) serve as the senior advisor to the 
                        Secretary on data and statistics; and
                            ``(ii) be responsible for carrying out the 
                        duties described in subparagraph (B).
                    ``(B) Duties.--The Director shall--
                            ``(i) ensure that the statistics compiled 
                        under clause (vi) are designed to support 
                        transportation decisionmaking by--
                                    ``(I) the Federal Government;
                                    ``(II) State and local governments;
                                    ``(III) metropolitan planning 
                                organizations;
                                    ``(IV) transportation-related 
                                associations;
                                    ``(V) the private sector, including 
                                the freight community; and
                                    ``(VI) the public;
                            ``(ii) establish on behalf of the Secretary 
                        a program--
                                    ``(I) to effectively integrate 
                                safety data across modes; and
                                    ``(II) to address gaps in existing 
                                Department safety data programs;
                            ``(iii) work with the operating 
                        administrations of the Department--
                                    ``(I) to establish and implement 
                                the data programs of the Bureau; and
                                    ``(II) to improve the coordination 
                                of information collection efforts with 
                                other Federal agencies;
                            ``(iv) evaluate and update as necessary 
                        surveys and data collection methods of the 
                        Department on a continual basis to improve the 
                        accuracy and utility of transportation 
                        statistics;
                            ``(v) encourage the standardization of 
                        data, data collection methods, and data 
                        management and storage technologies for data 
                        collected by--
                                    ``(I) the Bureau;
                                    ``(II) the operating 
                                administrations of the Department;
                                    ``(III) State and local 
                                governments;
                                    ``(IV) metropolitan planning 
                                organizations; and
                                    ``(V) private sector entities;
                            ``(vi) collect, compile, analyze, and 
                        publish a comprehensive set of transportation 
                        statistics on the performance and impacts of 
                        the national transportation system, including 
                        statistics on--
                                    ``(I) transportation safety across 
                                all modes and intermodally;
                                    ``(II) the state of good repair of 
                                United States transportation 
                                infrastructure;
                                    ``(III) the extent, connectivity, 
                                and condition of the transportation 
                                system, building on the national 
                                transportation atlas database developed 
                                under section 6310;
                                    ``(IV) economic efficiency across 
                                the entire transportation sector;
                                    ``(V) the effects of the 
                                transportation system on global and 
                                domestic economic competitiveness;
                                    ``(VI) demographic, economic, and 
                                other variables influencing travel 
                                behavior, including choice of 
                                transportation mode and goods movement;
                                    ``(VII) transportation-related 
                                variables that influence the domestic 
                                economy and global competitiveness;
                                    ``(VIII) economic costs and impacts 
                                for passenger travel and freight 
                                movement;
                                    ``(IX) intermodal and multimodal 
                                passenger movement;
                                    ``(X) intermodal and multimodal 
                                freight movement; and
                                    ``(XI) consequences of 
                                transportation for the human and 
                                natural environment;
                            ``(vii) build and disseminate the 
                        transportation layer of the National Spatial 
                        Data Infrastructure developed under Executive 
                        Order 12906 (59 Fed. Reg. 17671) (or a 
                        successor Executive Order), including by 
                        coordinating the development of transportation 
                        geospatial data standards, compiling intermodal 
                        geospatial data, and collecting geospatial data 
                        that is not being collected by other entities;
                            ``(viii) issue guidelines for the 
                        collection of information by the Department 
                        that the Director determines necessary to 
                        develop transportation statistics and carry out 
                        modeling, economic assessment, and program 
                        assessment activities to ensure that the 
                        information is accurate, reliable, relevant, 
                        uniform, and in a form that permits systematic 
                        analysis by the Department;
                            ``(ix) review and report to the Secretary 
                        on the sources and reliability of--
                                    ``(I) the statistics proposed by 
                                the heads of the operating 
                                administrations of the Department to 
                                measure outputs and outcomes as 
                                required under the Government 
                                Performance and Results Act of 1993 
                                (Public Law 103-62;107 Stat. 285); and
                                    ``(II) at the request of the 
                                Secretary, any other data collected or 
                                statistical information published by 
                                the heads of the operating 
                                administrations of the Department; and
                            ``(x) ensure that the statistics published 
                        under this section are readily accessible to 
                        the public.
    ``(c) Access to Federal Data.--In carrying out subsection 
(b)(3)(B)(ii), the Director shall be given access to all safety data 
that the Director determines necessary to carry out that subsection 
that is held by the Department or any other Federal agency.
``Sec. 6303. Intermodal transportation database
    ``(a) In General.--In consultation with the Under Secretary 
Transportation for Policy, the Assistant Secretaries of the Department, 
and the heads of the operating administrations of the Department, the 
Director shall establish and maintain a transportation database for all 
modes of transportation.
    ``(b) Use.--The database shall be suitable for analyses carried out 
by the Federal Government, the States, and metropolitan planning 
organizations.
    ``(c) Contents.--The database shall include--
            ``(1) information on the volumes and patterns of movement 
        of goods, including local, interregional, and international 
        movement, by all modes of transportation, intermodal 
        combination, and relevant classification;
            ``(2) information on the volumes and patterns of movement 
        of people, including local, interregional, and international 
        movements, by all modes of transportation (including bicycle 
        and pedestrian modes), intermodal combination, and relevant 
        classification;
            ``(3) information on the location and connectivity of 
        transportation facilities and services; and
            ``(4) a national accounting of expenditures and capital 
        stocks on each mode of transportation and intermodal 
        combination.
``Sec. 6304. National transportation library
    ``(a) Purpose and Establishment.--To support the information 
management and decisionmaking needs of transportation officials at the 
Federal, State, and local levels, there is established in the Bureau of 
Transportation Statistics a National Transportation Library that 
shall--
            ``(1) be headed by an individual who is highly qualified in 
        library and information science;
            ``(2) acquire, preserve, and manage transportation 
        information and information products and services for use by 
        the Department, other Federal agencies, and the general public;
            ``(3) provide reference and research assistance;
            ``(4) serve as a central depository for research results 
        and technical publications of the Department;
            ``(5) provide a central clearinghouse for transportation 
        data and information of the Federal Government;
            ``(6) serve as coordinator and policy lead for 
        transportation information access;
            ``(7) provide transportation information and information 
        products and services to--
                    ``(A) the Department;
                    ``(B) other Federal agencies;
                    ``(C) public and private organizations; and
                    ``(D) individuals, within the United States as well 
                as internationally;
            ``(8) coordinate efforts among, and cooperate with, 
        transportation libraries, information providers, and technical 
        assistance centers, with the goal of developing a comprehensive 
        transportation information and knowledge network that supports 
        the activities described in section 6302(b)(3)(B); and
            ``(9) engage in such other activities as the Director 
        determines to be necessary and as the resources of the Library 
        permit.
    ``(b) Access.--The Director shall publicize, facilitate, and 
promote access to the information products and services described in 
subsection (a), with the goal of improving the ability of the 
transportation community to share information and the ability of the 
Director to make statistics and other information readily accessible as 
required under section 6302(b)(3)(B)(x).
    ``(c) Agreements.--
            ``(1) In general.--To carry out this section, the Director 
        may enter into agreements with, provide grants to, and receive 
        amounts from, any--
                    ``(A) State or local government;
                    ``(B) organization;
                    ``(C) business; or
                    ``(D) individual.
            ``(2) Contracts, grants, and agreements.--The Library may 
        initiate and support specific information and data management, 
        access, and exchange activities relating to the strategic goals 
        of the Department, knowledge networking, and national and 
        international cooperation, by entering into contracts or other 
        agreements or providing grants.
            ``(3) Amounts.--Any amounts received by the Library as 
        payment for library products and services or other activities 
        shall be made available to the Director to carry out this 
        section and remain available until expended.
``Sec. 6305. Advisory council on transportation statistics
    ``(a) In General.--The Director shall establish and consult with an 
advisory council on transportation statistics.
    ``(b) Function.--The function of the advisory council established 
under this subsection is to advise the Director on--
            ``(1) the quality, reliability, consistency, objectivity, 
        and relevance of transportation statistics and analyses 
        collected, supported, or disseminated by the Bureau and the 
        Department; and
            ``(2) methods to encourage cooperation and interoperability 
        of transportation data collected by the Bureau, the operating 
        administrations of the Department, States, local governments, 
        metropolitan planning organizations, and private sector 
        entities.
    ``(c) Membership.--The advisory council shall be composed of not 
fewer than 9 and not more than 11 members appointed by the Director, 
who shall not be officers or employees of the United States.
    ``(d) Terms of Appointment.--
            ``(1) In general.--Except as provided in paragraph (2), 
        members of the advisory council shall be appointed to staggered 
        terms not to exceed 3 years.
            ``(2) Additional terms.--A member may be renominated for 1 
        additional 3-year term.
            ``(3) Previous members.--A member serving on an advisory 
        council on transportation statistics on the day before the date 
        of enactment of the MAP-21 shall serve until the end of the 
        appointed term of the member.
    ``(e) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall apply to the advisory 
council established under this section, except that section 14 of that 
Act shall not apply.
``Sec. 6306. Transportation statistical collection, analysis, and 
              dissemination
    ``To ensure that all transportation statistical collection, 
analysis, and dissemination is carried out in a coordinated manner, the 
Director may--
            ``(1) use the services, equipment, records, personnel, 
        information, and facilities of other Federal agencies, or 
        State, local, and private agencies and instrumentalities, 
        subject to the conditions that the applicable agency or 
        instrumentality consents to that use;
            ``(2) enter into agreements with the agencies and 
        instrumentalities described in paragraph (1) for purposes of 
        data collection and analysis;
            ``(3) confer and cooperate with foreign governments, 
        international organizations, and State, municipal, and other 
        local agencies;
            ``(4) request such information, data, and reports from any 
        Federal agency as the Director determines necessary to carry 
        out this chapter;
            ``(5) encourage replication, coordination, and sharing of 
        information among transportation agencies regarding information 
        systems, information policy, and data; and
            ``(6) confer and cooperate with Federal statistical 
        agencies as the Director determines necessary to carry out this 
        chapter, including by entering into cooperative data sharing 
        agreements in conformity with all laws and regulations 
        applicable to the disclosure and use of data.
``Sec. 6307. Furnishing of information, data, or reports by Federal 
              agencies
    ``(a) In General.--Except as provided in subsection (b), a Federal 
agency requested to furnish information, data, or reports by the 
Director under section 6302(b)(3)(B) shall provide the information to 
the Director.
    ``(b) Prohibition on Certain Disclosures.--
            ``(1) In general.--An officer, employee, or contractor of 
        the Bureau may not--
                    ``(A) make any disclosure in which the data 
                provided by an individual or organization under section 
                6302(b)(3)(B) can be identified;
                    ``(B) use the information provided under section 
                6302(b)(3)(B) for a nonstatistical purpose; or
                    ``(C) permit anyone other than an individual 
                authorized by the Director to examine any individual 
                report provided under section 6302(b)(3)(B).
            ``(2) Copies of reports.--
                    ``(A) In general.--No department, bureau, agency, 
                officer, or employee of the United States (except the 
                Director in carrying out this chapter) may require, for 
                any reason, a copy of any report that has been filed 
                under section 6302(b)(3)(B) with the Bureau or retained 
                by an individual respondent.
                    ``(B) Limitation on judicial proceedings.--A copy 
                of a report described in subparagraph (A) that has been 
                retained by an individual respondent or filed with the 
                Bureau or any of the employees, contractors, or agents 
                of the Bureau--
                            ``(i) shall be immune from legal process; 
                        and
                            ``(ii) shall not, without the consent of 
                        the individual concerned, be admitted as 
                        evidence or used for any purpose in any action, 
                        suit, or other judicial or administrative 
                        proceedings.
                    ``(C) Applicability.--This paragraph shall apply 
                only to reports that permit information concerning an 
                individual or organization to be reasonably determined 
                by direct or indirect means.
            ``(3) Informing respondent of use of data.--If the Bureau 
        is authorized by statute to collect data or information for a 
        nonstatistical purpose, the Director shall clearly distinguish 
        the collection of the data or information, by rule and on the 
        collection instrument, in a manner that informs the respondent 
        who is requested or required to supply the data or information 
        of the nonstatistical purpose.
    ``(c) Transportation and Transportation-related Data Access.--
Except as expressly prohibited by law, the Director shall have access 
to any transportation and transportation-related information in the 
possession of any Federal agency.
``Sec. 6308. Proceeds of data product sales
    ``Notwithstanding section 3302 of title 31, amounts received by the 
Bureau from the sale of data products for necessary expenses incurred 
may be credited to the Highway Trust Fund (other than the Mass Transit 
Account) for the purpose of reimbursing the Bureau for those expenses.
``Sec. 6309. Information collection
    ``As the head of an independent Federal statistical agency, the 
Director may consult directly with the Office of Management and Budget 
concerning any survey, questionnaire, or interview that the Director 
considers necessary to carry out the statistical responsibilities of 
this chapter.
``Sec. 6310. National transportation atlas database
    ``(a) In General.--The Director shall develop and maintain a 
national transportation atlas database that is comprised of geospatial 
databases that depict--
            ``(1) transportation networks;
            ``(2) flows of people, goods, vehicles, and craft over the 
        transportation networks; and
            ``(3) social, economic, and environmental conditions that 
        affect or are affected by the transportation networks.
    ``(b) Intermodal Network Analysis.--The databases referred to in 
subsection (a) shall be capable of supporting intermodal network 
analysis.
``Sec. 6311. Limitations on statutory construction
    ``Nothing in this chapter--
            ``(1) authorizes the Bureau to require any other Federal 
        agency to collect data; or
            ``(2) alters or diminishes the authority of any other 
        officer of the Department to collect and disseminate data 
        independently.
``Sec. 6312. Research and development grants
    ``The Secretary may make grants to, or enter into cooperative 
agreements or contracts with, public and nonprofit private entities 
(including State transportation departments, metropolitan planning 
organizations, and institutions of higher education) for--
            ``(1) investigation of the subjects described in section 
        6302(b)(3)(B)(vi);
            ``(2) research and development of new methods of data 
        collection, standardization, management, integration, 
        dissemination, interpretation, and analysis;
            ``(3) demonstration programs by States, local governments, 
        and metropolitan planning organizations to coordinate data 
        collection, reporting, management, storage, and archiving to 
        simplify data comparisons across jurisdictions;
            ``(4) development of electronic clearinghouses of 
        transportation data and related information, as part of the 
        Library; and
            ``(5) development and improvement of methods for sharing 
        geographic data, in support of the database under section 6310 
        and the National Spatial Data Infrastructure developed under 
        Executive Order 12906 (59 Fed. Reg. 17671) (or a successor 
        Executive Order).
``Sec. 6313. Transportation statistics annual report
    ``The Director shall submit to the President and Congress a 
transportation statistics annual report, which shall include--
            ``(1) information on the progress of the Director in 
        carrying out the duties described in section 6302(b)(3)(B);
            ``(2) documentation of the methods used to obtain and 
        ensure the quality of the statistics presented in the report; 
        and
            ``(3) any recommendations of the Director for improving 
        transportation statistical information.
``Sec. 6314. Mandatory response authority for freight data collection.
    ``(a) In General.--An owner, official, agent, person in charge, or 
assistant to the person in charge of any freight corporation, company, 
business, institution, establishment, or organization shall be fined in 
accordance with subsection (b) if that individual neglects or refuses, 
when requested by the Director or other authorized officer, employee, 
or contractor of the Bureau to submit data under section 
6302(b)(3)(B)--
            ``(1) to answer completely and correctly to the best 
        knowledge of that individual all questions relating to the 
        corporation, company, business, institution, establishment, or 
        other organization; or
            ``(2) to make available records or statistics in the 
        official custody of the individual.
    ``(b) Fines.--
            ``(1) In general.--Subject to paragraph (2), an individual 
        described in subsection (a) shall be fined not more than $500.
            ``(2) Willful actions.--If an individual willfully gives a 
        false answer to a question described in subsection (a)(1), the 
        individual shall be fined not more than $10,000.''.
    (b) Rules of Construction.--If the provisions of section 111 of 
title 49, United States Code, are transferred to chapter 63 of that 
title, the following rules of construction apply:
            (1) For purposes of determining whether 1 provision of law 
        supersedes another based on enactment later in time, a chapter 
        63 provision is deemed to have been enacted on the date of 
        enactment of the corresponding section 111 provision.
            (2) A reference to a section 111 provision, including a 
        reference in a regulation, order, or other law, is deemed to 
        refer to the corresponding chapter 63 provision.
            (3) A regulation, order, or other administrative action in 
        effect under a section 111 provision continues in effect under 
        the corresponding chapter 63 provision.
            (4) An action taken or an offense committed under a section 
        111 provision is deemed to have been taken or committed under 
        the corresponding chapter 63 provision.
    (c) Conforming Amendments.--
            (1) Repeal.--Section 111 of title 49, United States Code, 
        is repealed, and the item relating to section 111 in the 
        analysis of chapter 1 of that title is deleted.
            (2) Analysis of subtitle iii.--The analysis for subtitle 
        III of title 49, United States Code, is amended by inserting 
        after the items for chapter 61 the following:

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

SEC. 2211. ADMINISTRATIVE AUTHORITY.

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

SEC. 2212. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

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

                          Subtitle C--Funding

SEC. 2301. USE OF FUNDS FOR ITS ACTIVITIES.

    Section 513 of title 23, United States Code, is amended to read as 
follows:
``Sec. 513. Use of funds for ITS activities.
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Eligible entity.--The term `eligible entity' means a 
        State or local government, tribal government, transit agency, 
        public toll authority, metropolitan planning organization, 
        other political subdivision of a State or local government, or 
        a multistate or multijurisdictional group applying through a 
        single lead applicant.
            ``(2) Multijurisdictional group.--The term 
        `multijurisdictional group' means a combination of State 
        governments, local governments, metropolitan planning agencies, 
        transit agencies, or other political subdivisions of a State 
        that--
                    ``(A) have signed a written agreement to implement 
                an activity that meets the grant criteria under this 
                section; and
                    ``(B) is comprised of at least 2 members, each of 
                whom is an eligible entity.
    ``(b) Purpose.--The purpose of this section is to develop, 
administer, communicate, and promote the use of products of research, 
technology, and technology transfer programs.
    ``(c) ITS Deployment Incentives.--
            ``(1) In general.--The Secretary may--
                    ``(A) develop and implement incentives to 
                accelerate deployment of ITS technologies and services 
                within all funding programs authorized by the MAP-21; 
                and
                    ``(B) for each fiscal year, use amounts made 
                available to the Secretary to carry out intelligent 
                transportation systems outreach, including through the 
                use of websites, public relations, displays, tours, and 
                brochures.
            ``(2) Comprehensive plan.--To carry out this section, the 
        Secretary shall develop a detailed and comprehensive plan that 
        addresses the manner in which incentives may be adopted through 
        the existing deployment activities carried out by surface 
        transportation modal administrations.
    ``(d) System Operations and ITS Deployment Grant Program.--
            ``(1) Establishment.--The Secretary shall establish a 
        competitive grant program to accelerate the deployment, 
        operation, systems management, intermodal integration, and 
        interoperability of the ITS program and ITS-enabled operational 
        strategies--
                    ``(A) to measure and improve the performance of the 
                surface transportation system;
                    ``(B) to reduce traffic congestion and the economic 
                and environmental impacts of traffic congestion;
                    ``(C) to minimize fatalities and injuries;
                    ``(D) to enhance mobility of people and goods;
                    ``(E) to improve traveler information and services; 
                and
                    ``(F) to optimize existing roadway capacity.
            ``(2) Application.--To be considered for a grant under this 
        subsection, an eligible entity shall submit an application to 
        the Secretary that includes--
                    ``(A) a plan to deploy and provide for the long-
                term operation and maintenance of intelligent 
                transportation systems to improve safety, efficiency, 
                system performance, and return on investment, such as--
                            ``(i) real-time integrated traffic, 
                        transit, and multimodal transportation 
                        information;
                            ``(ii) advanced traffic, freight, parking, 
                        and incident management systems;
                            ``(iii) advanced technologies to improve 
                        transit and commercial vehicle operations;
                            ``(iv) synchronized, adaptive, and transit 
                        preferential traffic signals;
                            ``(v) advanced infrastructure condition 
                        assessment technologies; and
                            ``(vi) other technologies to improve system 
                        operations, including ITS applications 
                        necessary for multimodal systems integration 
                        and for achieving performance goals;
                    ``(B) quantifiable system performance improvements, 
                including--
                            ``(i) reductions in traffic-related 
                        crashes, congestion, and costs;
                            ``(ii) optimization of system efficiency; 
                        and
                            ``(iii) improvement of access to 
                        transportation services;
                    ``(C) quantifiable safety, mobility, and 
                environmental benefit projections, including data 
                driven estimates of the manner in which the project 
                will improve the transportation system efficiency and 
                reduce traffic congestion in the region;
                    ``(D) a plan for partnering with the private 
                sector, including telecommunications industries and 
                public service utilities, public agencies (including 
                multimodal and multijurisdictional entities), research 
                institutions, organizations representing transportation 
                and technology leaders, and other transportation 
                stakeholders;
                    ``(E) a plan to leverage and optimize existing 
                local and regional ITS investments; and
                    ``(F) a plan to ensure interoperability of deployed 
                technologies with other tolling, traffic management, 
                and intelligent transportation systems.
            ``(3) Selection.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the MAP-21, the Secretary may 
                provide grants to eligible entities under this section.
                    ``(B) Geographic diversity.--In awarding a grant 
                under this section, the Secretary shall ensure, to the 
                maximum extent practicable, that grant recipients 
                represent diverse geographical areas of the United 
                States, including urban, suburban, and rural areas.
                    ``(C) Non-federal share.--In awarding a grant under 
                the section, the Secretary shall give priority to grant 
                recipients that demonstrate an ability to contribute a 
                significant non-Federal share to the cost of carrying 
                out the project for which the grant is received.
            ``(4) Eligible uses.--Projects for which grants awarded 
        under this section may be used include--
                    ``(A) the establishment and implementation of ITS 
                and ITS-enabled operations strategies that improve 
                performance in the areas of--
                            ``(i) traffic operations;
                            ``(ii) emergency response to surface 
                        transportation incidents;
                            ``(iii) incident management;
                            ``(iv) transit and commercial vehicle 
                        operations improvements;
                            ``(v) weather event response management by 
                        State and local authorities;
                            ``(vi) surface transportation network and 
                        facility management;
                            ``(vii) construction and work zone 
                        management;
                            ``(viii) traffic flow information;
                            ``(ix) freight management; and
                            ``(x) congestion management;
                    ``(B) carrying out activities that support the 
                creation of networks that link metropolitan and rural 
                surface transportation systems into an integrated data 
                network, capable of collecting, sharing, and archiving 
                transportation system traffic condition and performance 
                information;
                    ``(C) the implementation of intelligent 
                transportation systems and technologies that improve 
                highway safety through information and communications 
                systems linking vehicles, infrastructure, mobile 
                devices, transportation users, and emergency 
                responders;
                    ``(D) the provision of services necessary to ensure 
                the efficient operation and management of ITS 
                infrastructure, including costs associated with 
                communications, utilities, rent, hardware, software, 
                labor, administrative costs, training, and technical 
                services;
                    ``(E) the provision of support for the 
                establishment and maintenance of institutional 
                relationships between transportation agencies, police, 
                emergency medical services, private emergency 
                operators, freight operators, shippers, and public 
                service utilities and telecommunications providers;
                    ``(F) carrying out multimodal and 
                crossjurisdictional planning and deployment of regional 
                transportation systems operations and management 
                approaches; and
                    ``(G) performing project evaluations to determine 
                the costs, benefits, lessons learned, and future 
                deployment strategies associated with the deployment of 
                intelligent transportation systems.
            ``(5) Report to secretary.--For each fiscal year that an 
        eligible entity receives a grant under this section, not later 
        than 1 year after receiving that grant, each recipient shall 
        submit a report to the Secretary that describes how the project 
        has met the expectations projected in the deployment plan 
        submitted with the application, including--
                    ``(A) data on how the program has helped reduce 
                traffic crashes, congestion, costs, and other benefits 
                of the deployed systems;
                    ``(B) data on the effect of measuring and improving 
                transportation system performance through the 
                deployment of advanced technologies;
                    ``(C) the effectiveness of providing real-time 
                integrated traffic, transit, and multimodal 
                transportation information to the public that allows 
                the public to make informed travel decisions; and
                    ``(D) lessons learned and recommendations for 
                future deployment strategies to optimize transportation 
                efficiency and multimodal system performance.
            ``(6) Report to congress.--Not later than 2 years after 
        date on which the first grant is awarded under this section and 
        annually thereafter for each fiscal year for which grants are 
        awarded under this section, the Secretary shall submit to 
        Congress a report that describes the effectiveness of the grant 
        recipients in meeting the projected deployment plan goals, 
        including data on how the grant program has--
                    ``(A) reduced traffic-related fatalities and 
                injuries;
                    ``(B) reduced traffic congestion and improved 
                travel time reliability;
                    ``(C) reduced transportation-related emissions;
                    ``(D) optimized multimodal system performance;
                    ``(E) improved access to transportation 
                alternatives;
                    ``(F) provided the public with access to real-time 
                integrated traffic, transit, and multimodal 
                transportation information to make informed travel 
                decisions;
                    ``(G) provided cost savings to transportation 
                agencies, businesses, and the traveling public; and
                    ``(H) provided other benefits to transportation 
                users and the general public.
            ``(7) Additional grants.--If the Secretary determines, 
        based on a report submitted under paragraph (5), that a grant 
        recipient is not complying with the established grant criteria, 
        the Secretary may--
                    ``(A) cease payment to the recipient of any 
                remaining grant amounts; and
                    ``(B) redistribute any remaining amounts to other 
                eligible entities under this section.
            ``(8) Non-federal share.--The Federal share of a grant 
        under this section shall not exceed 50 percent of the cost of 
        the project.
            ``(9) Grant limitation.--The Secretary may not award more 
        than 10 percent of the amounts provided under this section to a 
        single grant recipient in any fiscal year.
            ``(10) Multiyear grants.--Subject to availability of 
        amounts, the Secretary may provide an eligible entity with 
        grant amounts for a period of multiple fiscal years.
            ``(11) Funding.--Of the funds authorized to be appropriated 
        to carry out the intelligent transportation system program 
        under sections 512 through 518, not less than 50 percent of 
        such funds shall be used to carry out this subsection.''.

SEC. 2302. GOALS AND PURPOSES.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 513 the following:
``Sec. 514. Goals and purposes
    ``(a) Goals.--The goals of the intelligent transportation system 
program include--
            ``(1) enhancement of surface transportation efficiency and 
        facilitation of intermodalism and international trade to enable 
        existing facilities to meet a significant portion of future 
        transportation needs, including public access to employment, 
        goods, and services and to reduce regulatory, financial, and 
        other transaction costs to public agencies and system users;
            ``(2) achievement of national transportation safety goals, 
        including enhancement of safe operation of motor vehicles and 
        nonmotorized vehicles and improved emergency response to 
        collisions, with particular emphasis on decreasing the number 
        and severity of collisions;
            ``(3) protection and enhancement of the natural environment 
        and communities affected by surface transportation, with 
        particular emphasis on assisting State and local governments to 
        achieve national environmental goals;
            ``(4) accommodation of the needs of all users of surface 
        transportation systems, including operators of commercial motor 
        vehicles, passenger motor vehicles, motorcycles, bicycles, and 
        pedestrians (including individuals with disabilities); and
            ``(5) enhancement of national defense mobility and 
        improvement of the ability of the United States to respond to 
        security-related or other manmade emergencies and natural 
        disasters.
    ``(b) Purposes.--The Secretary shall implement activities under the 
intelligent transportation system program, at a minimum--
            ``(1) to expedite, in both metropolitan and rural areas, 
        deployment and integration of intelligent transportation 
        systems for consumers of passenger and freight transportation;
            ``(2) to ensure that Federal, State, and local 
        transportation officials have adequate knowledge of intelligent 
        transportation systems for consideration in the transportation 
        planning process;
            ``(3) to improve regional cooperation and operations 
        planning for effective intelligent transportation system 
        deployment;
            ``(4) to promote the innovative use of private resources in 
        support of intelligent transportation system development;
            ``(5) to facilitate, in cooperation with the motor vehicle 
        industry, the introduction of vehicle-based safety enhancing 
        systems;
            ``(6) to support the application of intelligent 
        transportation systems that increase the safety and efficiency 
        of commercial motor vehicle operations;
            ``(7) to develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation systems;
            ``(8) to provide continuing support for operations and 
        maintenance of intelligent transportation systems; and
            ``(9) to ensure a systems approach that includes 
        cooperation among vehicles, infrastructure, and users.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after the item relating to 
section 513 the following:

``514. Goals and purposes.''.

SEC. 2303. GENERAL AUTHORITIES AND REQUIREMENTS.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 514 (as added by section 2302) the 
following:
``Sec. 515. General authorities and requirements
    ``(a) Scope.--Subject to the provisions of this chapter, the 
Secretary shall conduct an ongoing intelligent transportation system 
program--
            ``(1) to research, develop, and operationally test 
        intelligent transportation systems; and
            ``(2) to provide technical assistance in the nationwide 
        application of those systems as a component of the surface 
        transportation systems of the United States.
    ``(b) Policy.--Intelligent transportation system research projects 
and operational tests funded pursuant to this chapter shall encourage 
and not displace public-private partnerships or private sector 
investment in those tests and projects.
    ``(c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent transportation 
system program in cooperation with State and local governments and 
other public entities, the private sector firms of the United States, 
the Federal laboratories, and institutions of higher education, 
including historically Black colleges and universities and other 
minority institutions of higher education.
    ``(d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall consult 
with the heads of other Federal agencies, as appropriate.
    ``(e) Technical Assistance, Training, and Information.--The 
Secretary may provide technical assistance, training, and information 
to State and local governments seeking to implement, operate, maintain, 
or evaluate intelligent transportation system technologies and 
services.
    ``(f) Transportation Planning.--The Secretary may provide funding 
to support adequate consideration of transportation systems management 
and operations, including intelligent transportation systems, within 
metropolitan and statewide transportation planning processes.
    ``(g) Information Clearinghouse.--
            ``(1) In general.--The Secretary shall--
                    ``(A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under this chapter; and
                    ``(B) make, on request, that information (except 
                for proprietary information and data) readily available 
                to all users of the repository at an appropriate cost.
            ``(2) Agreement.--
                    ``(A) In general.--The Secretary may enter into an 
                agreement with a third party for the maintenance of the 
                repository for technical and safety data under 
                paragraph (1)(A).
                    ``(B) Federal financial assistance.--If the 
                Secretary enters into an agreement with an entity for 
                the maintenance of the repository, the entity shall be 
                eligible for Federal financial assistance under this 
                section.
            ``(3) Availability of information.--Information in the 
        repository shall not be subject to sections 552 and 555 of 
        title 5, United States Code.
    ``(h) Advisory Committee.--
            ``(1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying out this 
        chapter.
            ``(2) Membership.--The Advisory Committee shall have no 
        more than 20 members, be balanced between metropolitan and 
        rural interests, and include, at a minimum--
                    ``(A) a representative from a State highway 
                department;
                    ``(B) a representative from a local highway 
                department who is not from a metropolitan planning 
                organization;
                    ``(C) a representative from a State, local, or 
                regional transit agency;
                    ``(D) a representative from a metropolitan planning 
                organization;
                    ``(E) a private sector user of intelligent 
                transportation system technologies;
                    ``(F) an academic researcher with expertise in 
                computer science or another information science field 
                related to intelligent transportation systems, and who 
                is not an expert on transportation issues;
                    ``(G) an academic researcher who is a civil 
                engineer;
                    ``(H) an academic researcher who is a social 
                scientist with expertise in transportation issues;
                    ``(I) a representative from a nonprofit group 
                representing the intelligent transportation system 
                industry;
                    ``(J) a representative from a public interest group 
                concerned with safety;
                    ``(K) a representative from a public interest group 
                concerned with the impact of the transportation system 
                on land use and residential patterns; and
                    ``(L) members with expertise in planning, safety, 
                telecommunications, utilities, and operations.
            ``(3) Duties.--The Advisory Committee shall, at a minimum, 
        perform the following duties:
                    ``(A) Provide input into the development of the 
                intelligent transportation system aspects of the 
                strategic plan under section 508.
                    ``(B) Review, at least annually, areas of 
                intelligent transportation systems research being 
                considered for funding by the Department, to 
                determine--
                            ``(i) whether these activities are likely 
                        to advance either the state-of-the-practice or 
                        state-of-the-art in intelligent transportation 
                        systems;
                            ``(ii) whether the intelligent 
                        transportation system technologies are likely 
                        to be deployed by users, and if not, to 
                        determine the barriers to deployment; and
                            ``(iii) the appropriate roles for 
                        government and the private sector in investing 
                        in the research and technologies being 
                        considered.
            ``(4) Report.--Not later than February 1 of each year after 
        the date of enactment of the MAP-21, the Secretary shall submit 
        to Congress a report that includes--
                    ``(A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                    ``(B) an explanation of the manner in which the 
                Secretary has implemented those recommendations; and
                    ``(C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
            ``(5) Applicability of federal advisory committee act.--The 
        Advisory Committee shall be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    ``(i) Reporting.--
            ``(1) Guidelines and requirements.--
                    ``(A) In general.--The Secretary shall issue 
                guidelines and requirements for the reporting and 
                evaluation of operational tests and deployment projects 
                carried out under this chapter.
                    ``(B) Objectivity and independence.--The guidelines 
                and requirements issued under subparagraph (A) shall 
                include provisions to ensure the objectivity and 
                independence of the reporting entity so as to avoid any 
                real or apparent conflict of interest or potential 
                influence on the outcome by parties to any such test or 
                deployment project or by any other formal evaluation 
                carried out under this chapter.
                    ``(C) Funding.--The guidelines and requirements 
                issued under subparagraph (A) shall establish reporting 
                funding levels based on the size and scope of each test 
                or project that ensure adequate reporting of the 
                results of the test or project.
            ``(2) Special rule.--Any survey, questionnaire, or 
        interview that the Secretary considers necessary to carry out 
        the reporting of any test, deployment project, or program 
        assessment activity under this chapter shall not be subject to 
        chapter 35 of title 44, United States Code.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after the item relating to 
section 514 (as added by section 2302) the following:

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

SEC. 2304. RESEARCH AND DEVELOPMENT.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 515 (as added by section 2303) the 
following:
``Sec. 516. Research and development
    ``(a) In General.--The Secretary shall carry out a comprehensive 
program of intelligent transportation system research and development, 
and operational tests of intelligent vehicles, intelligent 
infrastructure systems, and other similar activities that are necessary 
to carry out this chapter.
    ``(b) Priority Areas.--Under the program, the Secretary shall give 
higher priority to funding projects that--
            ``(1) enhance mobility and productivity through improved 
        traffic management, incident management, transit management, 
        freight management, road weather management, toll collection, 
        traveler information, or highway operations systems and remote 
        sensing products;
            ``(2) use interdisciplinary approaches to develop traffic 
        management strategies and tools to address multiple impacts of 
        congestion concurrently;
            ``(3) address traffic management, incident management, 
        transit management, toll collection traveler information, or 
        highway operations systems;
            ``(4) incorporate research on the impact of environmental, 
        weather, and natural conditions on intelligent transportation 
        systems, including the effects of cold climates;
            ``(5) enhance intermodal use of intelligent transportation 
        systems for diverse groups, including for emergency and health-
        related services;
            ``(6) enhance safety through improved crash avoidance and 
        protection, crash and other notification, commercial motor 
        vehicle operations, and infrastructure-based or cooperative 
        safety systems; or
            ``(7) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies.
    ``(c) Federal Share.--The Federal share payable on account of any 
project or activity carried out under subsection (a) shall not exceed 
80 percent.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after the item relating to 
section 515 (as added by section 2304) the following:

``516. Research and development.''.

SEC. 2305. NATIONAL ARCHITECTURE AND STANDARDS.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 516 (as added by section 2304) the 
following:
``Sec. 517. National architecture and standards.
    ``(a) In General.--
            ``(1) Development, implementation, and maintenance.--In 
        accordance with section 12(d) of the National Technology 
        Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
        Stat. 783; 115 Stat. 1241), the Secretary shall develop and 
        maintain a national ITS architecture and supporting ITS 
        standards and protocols to promote the use of systems 
        engineering methods in the widespread deployment and evaluation 
        of intelligent transportation systems as a component of the 
        surface transportation systems of the United States.
            ``(2) Interoperability and efficiency.--To the maximum 
        extent practicable, the national ITS architecture and 
        supporting ITS standards and protocols shall promote 
        interoperability among, and efficiency of, intelligent 
        transportation systems and technologies implemented throughout 
        the United States.
            ``(3) Use of standards development organizations.--In 
        carrying out this section, the Secretary shall support the 
        development and maintenance of standards and protocols using 
        the services of such standards development organizations as the 
        Secretary determines to be necessary and whose memberships are 
        comprised of, and represent, the surface transportation and 
        intelligent transportation systems industries.
    ``(b) Standards for National Policy Implementation.--If the 
Secretary finds that a standard is necessary for implementation of a 
nationwide policy relating to user fee collection or other capability 
requiring nationwide uniformity, the Secretary, after consultation with 
stakeholders, may establish and require the use of that standard.
    ``(c) Provisional Standards.--
            ``(1) In general.--If the Secretary finds that the 
        development or balloting of an intelligent transportation 
        system standard jeopardizes the timely achievement of the 
        objectives described in subsection (a), the Secretary may 
        establish a provisional standard, after consultation with 
        affected parties, using, to the maximum extent practicable, the 
        work product of appropriate standards development 
        organizations.
            ``(2) Period of effectiveness.--A provisional standard 
        established under paragraph (1) shall be published in the 
        Federal Register and remain in effect until the appropriate 
        standards development organization adopts and publishes a 
        standard.
    ``(d) Conformity With National Architecture.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall ensure that intelligent transportation system 
        projects carried out using amounts made available from the 
        Highway Trust Fund, including amounts made available to deploy 
        intelligent transportation systems, conform to the appropriate 
        regional ITS architecture, applicable standards, and protocols 
        developed under subsection (a) or (c).
            ``(2) Discretion of the secretary.--The Secretary, at the 
        discretion of the Secretary, may offer an exemption from 
        paragraph (1) for projects designed to achieve specific 
        research objectives outlined in the national intelligent 
        transportation system program plan or the surface 
        transportation research and development strategic plan 
        developed under section 508.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after the item relating to 
section 516 (as added by section 2304) the following:

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

SEC. 2306. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE 
              COMMUNICATIONS SYSTEMS DEPLOYMENT.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 517 (as added by section 2305) the 
following:
``Sec. 518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure 
              communications systems deployment
    ``(a) In General.--Not later than 3 years after the date of 
enactment of this section, the Secretary shall submit to the 
appropriate committees of Congress a report that--
            ``(1) describes a recommended implementation path for 
        dedicated short-range communications technology and 
        applications; and
            ``(2) includes guidance on the relationship of the proposed 
        deployment of dedicated short-range communications to the 
        National ITS Architecture and ITS Standards.
    ``(b) National Research Council Review.--The Secretary shall enter 
into an agreement with the National Research Council for the review by 
the National Research Council of the report described in subsection 
(a).''.
    (b) Conforming Amendment.--The analysis of chapter 5 of title 23, 
United States Code, is amended by adding after section 517 (as added by 
section 2305) the following:

``518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure 
                            communications systems deployment.''.

          TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION

SEC. 3001. SHORT TITLE.

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

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

    Sections 601 through 609 of title 23, United States Code, are 
amended to read as follows:
``Sec. 601. Generally applicable provisions
    ``(a) Definitions.--In this chapter, the following definitions 
apply:
            ``(1) Eligible project costs.--The term `eligible project 
        costs' means amounts substantially all of which are paid by, or 
        for the account of, an obligor in connection with a project, 
        including the cost of--
                    ``(A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, permitting, preliminary 
                engineering and design work, and other preconstruction 
                activities;
                    ``(B) construction, reconstruction, rehabilitation, 
                replacement, and acquisition of real property 
                (including land relating to the project and 
                improvements to land), environmental mitigation, 
                construction contingencies, and acquisition of 
                equipment; and
                    ``(C) capitalized interest necessary to meet market 
                requirements, reasonably required reserve funds, 
                capital issuance expenses, and other carrying costs 
                during construction.
            ``(2) Federal credit instrument.--The term `Federal credit 
        instrument' means a secured loan, loan guarantee, or line of 
        credit authorized to be made available under this chapter with 
        respect to a project.
            ``(3) Investment-grade rating.--The term `investment-grade 
        rating' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher assigned by a rating agency to project 
        obligations.
            ``(4) Lender.--The term `lender' means any non-Federal 
        qualified institutional buyer (as defined in section 
        230.144A(a) of title 17, Code of Federal Regulations (or any 
        successor regulation), known as Rule 144A(a) of the Securities 
        and Exchange Commission and issued under the Securities Act of 
        1933 (15 U.S.C. 77a et seq.)), including--
                    ``(A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986) 
                that is a qualified institutional buyer; and
                    ``(B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986) that is a 
                qualified institutional buyer.
            ``(5) Letter of interest.--The term `letter of interest' 
        means a letter submitted by a potential applicant prior to an 
        application for credit assistance in a format prescribed by the 
        Secretary on the website of the TIFIA program, which--
                    ``(A) describes the project and the location, 
                purpose, and cost of the project;
                    ``(B) outlines the proposed financial plan, 
                including the requested credit assistance and the 
                proposed obligor;
                    ``(C) provides a status of environmental review; 
                and
                    ``(D) provides information regarding satisfaction 
                of other eligibility requirements of the TIFIA program.
            ``(6) Line of credit.--The term ```line of credit''' means 
        an agreement entered into by the Secretary with an obligor 
        under section 604 to provide a direct loan at a future date 
        upon the occurrence of certain events.
            ``(7) Limited buydown.--The term `limited buydown' means, 
        subject to the conditions described in section 603(b)(4)(C), a 
        buydown of the interest rate by the Secretary and by the 
        obligor if the interest rate has increased between--
                    ``(A)(i) the date on which a project application 
                acceptable to the Secretary is submitted; or
                    ``(ii) the date on which the Secretary entered into 
                a master credit agreement; and
                    ``(B) the date on which the Secretary executes the 
                Federal credit instrument.
            ``(8) Loan guarantee.--The term `loan guarantee' means any 
        guarantee or other pledge by the Secretary to pay all or part 
        of the principal of and interest on a loan or other debt 
        obligation issued by an obligor and funded by a lender.
            ``(9) Master credit agreement.--The term `master credit 
        agreement' means an agreement to extend credit assistance for a 
        program of projects secured by a common security pledge (which 
        shall receive an investment grade rating from a rating agency), 
        or for a single project covered under section 602(b)(2) that 
        would--
                    ``(A) make contingent commitments of 1 or more 
                secured loans or other Federal credit instruments at 
                future dates;
                    ``(B) establish the maximum amounts and general 
                terms and conditions of the secured loans or other 
                Federal credit instruments;
                    ``(C) identify the 1 or more dedicated non-Federal 
                revenue sources that will secure the repayment of the 
                secured loans or secured Federal credit instruments;
                    ``(D) provide for the obligation of funds for the 
                secured loans or secured Federal credit instruments 
                after all requirements have been met for the projects 
                subject to the master credit agreement, including--
                            ``(i) completion of an environmental impact 
                        statement or similar analysis required under 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4321 et seq.); and
                            ``(ii) compliance with such other 
                        requirements as are specified in section 
                        602(c); and
                    ``(E) require that contingent commitments result in 
                a financial close and obligation of credit assistance 
                not later than 3 years after the date of entry into the 
                master credit agreement, or release of the commitment, 
                unless otherwise extended by the Secretary.
            ``(10) Obligor.--The term `obligor' means a party that--
                    ``(A) is primarily liable for payment of the 
                principal of or interest on a Federal credit 
                instrument; and
                    ``(B) may be a corporation, partnership, joint 
                venture, trust, or governmental entity, agency, or 
                instrumentality.
            ``(11) Project.--The term `project' means--
                    ``(A) any surface transportation project eligible 
                for Federal assistance under this title or chapter 53 
                of title 49;
                    ``(B) a project for an international bridge or 
                tunnel for which an international entity authorized 
                under Federal or State law is responsible;
                    ``(C) a project for intercity passenger bus or rail 
                facilities and vehicles, including facilities and 
                vehicles owned by the National Railroad Passenger 
                Corporation and components of magnetic levitation 
                transportation systems; and
                    ``(D) a project that--
                            ``(i) is a project--
                                    ``(I) for a public freight rail 
                                facility or a private facility 
                                providing public benefit for highway 
                                users by way of direct freight 
                                interchange between highway and rail 
                                carriers;
                                    ``(II) for an intermodal freight 
                                transfer facility;
                                    ``(III) for a means of access to a 
                                facility described in subclause (I) or 
                                (II);
                                    ``(IV) for a service improvement 
                                for a facility described in subclause 
                                (I) or (II) (including a capital 
                                investment for an intelligent 
                                transportation system); or
                                    ``(V) that comprises a series of 
                                projects described in subclauses (I) 
                                through (IV) with the common objective 
                                of improving the flow of goods;
                            ``(ii) may involve the combining of private 
                        and public sector funds, including investment 
                        of public funds in private sector facility 
                        improvements;
                            ``(iii) if located within the boundaries of 
                        a port terminal, includes only such surface 
                        transportation infrastructure modifications as 
                        are necessary to facilitate direct intermodal 
                        interchange, transfer, and access into and out 
                        of the port; and
                            ``(iv) is composed of related highway, 
                        surface transportation, transit, rail, or 
                        intermodal capital improvement projects 
                        eligible for assistance under this subsection 
                        in order to meet the eligible project cost 
                        threshold under section 602, by grouping 
                        related projects together for that purpose, on 
                        the condition that the credit assistance for 
                        the projects is secured by a common pledge.
            ``(12) Project obligation.--The term `project obligation' 
        means any note, bond, debenture, or other debt obligation 
        issued by an obligor in connection with the financing of a 
        project, other than a Federal credit instrument.
            ``(13) Rating agency.--The term `rating agency' means a 
        credit rating agency registered with the Securities and 
        Exchange Commission as a nationally recognized statistical 
        rating organization (as that term is defined in section 3(a) of 
        the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
            ``(14) Rural infrastructure project.--The term `rural 
        infrastructure project' means a surface transportation 
        infrastructure project located in any area other than an 
        urbanized area that has a population of greater than 200,000 
        inhabitants.
            ``(15) Secured loan.--The term `secured loan' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Secretary in connection with the financing of a 
        project under section 603.
            ``(16) State.--The term `State' has the meaning given the 
        term in section 101.
            ``(17) Subsidy amount.--The term `subsidy amount' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument, calculated on a net present value basis, excluding 
        administrative costs and any incidental effects on governmental 
        receipts or outlays in accordance with the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661 et seq.).
            ``(18) Substantial completion.--The term `substantial 
        completion' means--
                    ``(A) the opening of a project to vehicular or 
                passenger traffic; or
                    ``(B) a comparable event, as determined by the 
                Secretary and specified in the credit agreement.
            ``(19) TIFIA program.--The term `TIFIA program' means the 
        transportation infrastructure finance and innovation program of 
        the Department.
    ``(b) Treatment of Chapter.--For purposes of this title, this 
chapter shall be treated as being part of chapter 1.
``Sec. 602. Determination of eligibility and project selection
    ``(a) Eligibility.--A project shall be eligible to receive credit 
assistance under this chapter if the entity proposing to carry out the 
project submits a letter of interest prior to submission of a formal 
application for the project, and the project meets the following 
criteria:
            ``(1) Creditworthiness.--
                    ``(A) In general.--The project shall satisfy 
                applicable creditworthiness standards, which, at a 
                minimum, includes--
                            ``(i) a rate covenant, if applicable;
                            ``(ii) adequate coverage requirements to 
                        ensure repayment;
                            ``(iii) an investment grade rating from at 
                        least 2 rating agencies on debt senior to the 
                        Federal credit instrument; and
                            ``(iv) a rating from at least 2 rating 
                        agencies on the Federal credit instrument, 
                        subject to the condition that, with respect to 
                        clauses (ii) and (iii), if the senior debt and 
                        Federal credit instrument is for an amount less 
                        than $75,000,000 or for a rural infrastructure 
                        project or intelligent transportation systems 
                        project, 1 rating agency opinion for each of 
                        the senior debt and Federal credit instrument 
                        shall be sufficient.
                    ``(B) Senior debt.--Notwithstanding subparagraph 
                (A), in a case in which the Federal credit instrument 
                is the senior debt, the Federal credit instrument shall 
                be required to receive an investment grade rating from 
                at least 2 rating agencies, unless the credit 
                instrument is for a rural infrastructure project or 
                intelligent transportation systems project, in which 
                case 1 rating agency opinion shall be sufficient.
            ``(2) Inclusion in transportation plans and programs.--The 
        project shall satisfy the applicable planning and programming 
        requirements of sections 134 and 135 at such time as an 
        agreement to make available a Federal credit instrument is 
        entered into under this chapter.
            ``(3) Application.--A State, local government, public 
        authority, public-private partnership, or any other legal 
        entity undertaking the project and authorized by the Secretary, 
        shall submit a project application acceptable to the Secretary.
            ``(4) Eligible project costs.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), to be eligible for assistance under 
                this chapter, a project shall have eligible project 
                costs that are reasonably anticipated to equal or 
                exceed the lesser of--
                            ``(i)(I) $50,000,000; or
                            ``(II) in the case of a rural 
                        infrastructure project, $25,000,000; or
                            ``(ii) 33\1/3\ percent of the amount of 
                        Federal highway assistance funds apportioned 
                        for the most recently completed fiscal year to 
                        the State in which the project is located.
                    ``(B) Intelligent transportation system projects.--
                In the case of a project principally involving the 
                installation of an intelligent transportation system, 
                eligible project costs shall be reasonably anticipated 
                to equal or exceed $15,000,000.
            ``(5) Dedicated revenue sources.--The Federal credit 
        instrument shall be repayable, in whole or in part, from tolls, 
        user fees, or other dedicated revenue sources that also secure 
        the project obligations.
            ``(6) Public sponsorship of private entities.--In the case 
        of a project that is undertaken by an entity that is not a 
        State or local government or an agency or instrumentality of a 
        State or local government, the project that the entity is 
        undertaking shall be publicly sponsored as provided in 
        paragraph (2).
    ``(b) Selection Among Eligible Projects.--
            ``(1) Establishment.--The Secretary shall establish a 
        rolling application process in which projects that are eligible 
        to receive credit assistance under subsection (a) shall receive 
        credit assistance on terms acceptable to the Secretary, if 
        adequate funds are available to cover the subsidy costs 
        associated with the Federal credit instrument.
            ``(2) Adequate funding not available.--
                    ``(A) In general.--If the Secretary fully obligates 
                funding to eligible projects in a given fiscal year, 
                and adequate funding is not available to fund a credit 
                instrument, a project sponsor of an eligible project 
                may elect to enter into a master credit agreement and 
                wait until the following fiscal year to receive credit 
                assistance, or pay its own credit subsidy to permit an 
                obligation.
                    ``(B) Use of funds.--A project sponsor may use any 
                eligible funds apportioned under chapter 1 of this 
                title or chapter 53 of title 49 to pay a credit subsidy 
                described in subparagraph (A).
            ``(3) Preliminary rating opinion letter.--The Secretary 
        shall require each project applicant to provide a preliminary 
        rating opinion letter from at least 1 rating agency--
                    ``(A) indicating that the senior obligations of the 
                project, which may be the Federal credit instrument, 
                have the potential to achieve an investment-grade 
                rating; and
                    ``(B) including a preliminary rating opinion on the 
                Federal credit instrument.
    ``(c) Federal Requirements.--
            ``(1) In general.--In addition to the requirements of this 
        title for highway projects, chapter 53 of title 49 for transit 
        projects, and section 5333(a) of title 49 for rail projects, 
        the following provisions of law shall apply to funds made 
        available under this chapter and projects assisted with the 
        funds:
                    ``(A) Title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.).
                    ``(B) The National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
                    ``(C) The Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.).
            ``(2) NEPA.--No funding shall be obligated for a project 
        that has not received an environmental Categorical Exclusion, 
        Finding of No Significant Impact, or Record of Decision under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
``Sec. 603. Secured loans
    ``(a) In General.--
            ``(1) Agreements.--Subject to paragraphs (2) through (4), 
        the Secretary may enter into agreements with 1 or more obligors 
        to make secured loans, the proceeds of which shall be used--
                    ``(A) to finance eligible project costs of any 
                project selected under section 602;
                    ``(B) to refinance interim construction financing 
                of eligible project costs of any project selected under 
                section 602; or
                    ``(C) to refinance long-term project obligations or 
                Federal credit instruments if the refinancing provides 
                additional funding capacity for the completion, 
                enhancement, or expansion of any project that--
                            ``(i) is selected under section 602; or
                            ``(ii) otherwise meets the requirements of 
                        section 602.
            ``(2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not refinance 
        interim construction financing under paragraph (1)(B) later 
        than 1 year after the date of substantial completion of the 
        project.
            ``(3) Risk assessment.--Before entering into an agreement 
        under this subsection, the Secretary, in consultation with the 
        Director of the Office of Management and Budget, shall 
        determine an appropriate capital reserve subsidy amount for 
        each secured loan, taking into account each rating letter 
        provided by an agency under section 602(b)(3)(B).
    ``(b) Terms and Limitations.--
            ``(1) In general.--A secured loan under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Secretary determines appropriate.
            ``(2) Maximum amount.--The amount of the secured loan shall 
        not exceed the lesser of 49 percent of the reasonably 
        anticipated eligible project costs or, if the secured loan does 
        not receive an investment grade rating, the amount of the 
        senior project obligations.
            ``(3) Payment.--The secured loan--
                    ``(A) shall--
                            ``(i) be payable, in whole or in part, from 
                        tolls, user fees, or other dedicated revenue 
                        sources that also secure the senior project 
                        obligations; and
                            ``(ii) include a rate covenant, coverage 
                        requirement, or similar security feature 
                        supporting the project obligations; and
                    ``(B) may have a lien on revenues described in 
                subparagraph (A) subject to any lien securing project 
                obligations.
            ``(4) Interest rate.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the interest rate on the 
                secured loan shall be not less than the yield on United 
                States Treasury securities of a similar maturity to the 
                maturity of the secured loan on the date of execution 
                of the loan agreement.
                    ``(B) Rural infrastructure projects.--A loan 
                offered to a rural infrastructure project under this 
                chapter shall be at \1/2\ of the Treasury Rate.
                    ``(C) Limited buydowns.--A limited buydown is 
                subject to the following conditions:
                            ``(i) The interest rate under the agreement 
                        may not be lowered by more than the lower of--
                                    ``(I) 1\1/2\ percentage points (150 
                                basis points); or
                                    ``(II) the amount of the increase 
                                in the interest rate.
                            ``(ii) The Secretary may pay up to 50 
                        percent of the cost of the limited buydown, and 
                        the obligor shall pay the balance of the cost 
                        of the limited buydown.
                            ``(iii) Not more than 5 percent of the 
                        funding made available annually to carry out 
                        this chapter may be used to carry out limited 
                        buydowns.
            ``(5) Maturity date.--The final maturity date of the 
        secured loan shall be the lesser of--
                    ``(A) 35 years after the date of substantial 
                completion of the project; or
                    ``(B) if the useful life of the capital asset being 
                financed is of a lesser period, the useful life of the 
                asset.
            ``(6) Nonsubordination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the secured loan shall not 
                be subordinated to the claims of any holder of project 
                obligations in the event of bankruptcy, insolvency, or 
                liquidation of the obligor.
                    ``(B) Pre-existing indenture.--
                            ``(i) In general.--The Secretary shall 
                        waive subparagraph (A) for public agency 
                        borrowers that are financing ongoing capital 
                        programs and have outstanding senior bonds 
                        under a pre-existing indenture, if--
                                    ``(I) the secured loan is rated in 
                                the A-category or higher;
                                    ``(II) the secured loan is secured 
                                and payable from pledged revenues not 
                                affected by project performance, such 
                                as a tax-backed revenue pledge or a 
                                system-backed pledge of project 
                                revenues; and
                                    ``(III) the TIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            ``(ii) Limitation.--If the Secretary waives 
                        the nonsubordination requirement under this 
                        subparagraph--
                                    ``(I) the maximum credit subsidy 
                                that will be paid by the Federal 
                                Government shall be limited to 10 
                                percent of the principal amount of the 
                                secured loan; and
                                    ``(II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost.
            ``(7) Fees.--The Secretary may establish fees at a level 
        sufficient to cover all or a portion of the costs to the 
        Federal Government of making a secured loan under this section.
            ``(8) Non-federal share.--The proceeds of a secured loan 
        under this chapter may be used for any non-Federal share of 
        project costs required under this title or chapter 53 of title 
        49, if the loan is repayable from non-Federal funds.
            ``(9) Maximum federal involvement.--The total Federal 
        assistance provided on a project receiving a loan under this 
        chapter shall not exceed 80 percent of the total project cost.
    ``(c) Repayment.--
            ``(1) Schedule.--The Secretary shall establish a repayment 
        schedule for each secured loan under this section based on the 
        projected cash flow from project revenues and other repayment 
        sources, and the useful life of the project.
            ``(2) Commencement.--Scheduled loan repayments of principal 
        or interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project.
            ``(3) Deferred payments.--
                    ``(A) Authorization.--If, at any time after the 
                date of substantial completion of the project, the 
                project is unable to generate sufficient revenues to 
                pay the scheduled loan repayments of principal and 
                interest on the secured loan, the Secretary may, 
                subject to subparagraph (C), allow the obligor to add 
                unpaid principal and interest to the outstanding 
                balance of the secured loan.
                    ``(B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            ``(i) continue to accrue interest in 
                        accordance with subsection (b)(4) until fully 
                        repaid; and
                            ``(ii) be scheduled to be amortized over 
                        the remaining term of the loan.
                    ``(C) Criteria.--
                            ``(i) In general.--Any payment deferral 
                        under subparagraph (A) shall be contingent on 
                        the project meeting criteria established by the 
                        Secretary.
                            ``(ii) Repayment standards.--The criteria 
                        established under clause (i) shall include 
                        standards for reasonable assurance of 
                        repayment.
            ``(4) Prepayment.--
                    ``(A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay the secured loan without penalty.
                    ``(B) Use of proceeds of refinancing.--The secured 
                loan may be prepaid at any time without penalty from 
                the proceeds of refinancing from non-Federal funding 
                sources.
    ``(d) Sale of Secured Loans.--
            ``(1) In general.--Subject to paragraph (2), as soon as 
        practicable after substantial completion of a project and after 
        notifying the obligor, the Secretary may sell to another entity 
        or reoffer into the capital markets a secured loan for the 
        project if the Secretary determines that the sale or reoffering 
        can be made on favorable terms.
            ``(2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary may not change the original 
        terms and conditions of the secured loan without the written 
        consent of the obligor.
    ``(e) Loan Guarantees.--
            ``(1) In general.--The Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan if the 
        Secretary determines that the budgetary cost of the loan 
        guarantee is substantially the same as that of a secured loan.
            ``(2) Terms.--The terms of a guaranteed loan shall be 
        consistent with the terms set forth in this section for a 
        secured loan, except that the rate on the guaranteed loan and 
        any prepayment features shall be negotiated between the obligor 
        and the lender, with the consent of the Secretary.
``Sec. 604. Lines of credit
    ``(a) In General.--
            ``(1) Agreements.--Subject to paragraphs (2) through (4), 
        the Secretary may enter into agreements to make available lines 
        of credit to 1 or more obligors in the form of direct loans to 
        be made by the Secretary at future dates on the occurrence of 
        certain events for any project selected under section 602.
            ``(2) Use of proceeds.--The proceeds of a line of credit 
        made available under this section shall be available to pay 
        debt service on project obligations issued to finance eligible 
        project costs, extraordinary repair and replacement costs, 
        operation and maintenance expenses, and costs associated with 
        unexpected Federal or State environmental restrictions.
            ``(3) Risk assessment.--Before entering into an agreement 
        under this subsection, the Secretary, in consultation with the 
        Director of the Office of Management and Budget and each rating 
        agency providing a preliminary rating opinion letter under 
        section 602(b)(3), shall determine an appropriate capital 
        reserve subsidy amount for each line of credit, taking into 
        account the rating opinion letter.
            ``(4) Investment-grade rating requirement.--The funding of 
        a line of credit under this section shall be contingent on the 
        senior obligations of the project receiving an investment-grade 
        rating from 2 rating agencies.
    ``(b) Terms and Limitations.--
            ``(1) In general.--A line of credit under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Secretary determines appropriate.
            ``(2) Maximum amounts.--The total amount of the line of 
        credit shall not exceed 33 percent of the reasonably 
        anticipated eligible project costs.
            ``(3) Draws.--Any draw on the line of credit shall 
        represent a direct loan and shall be made only if net revenues 
        from the project (including capitalized interest but not 
        including reasonably required financing reserves) are 
        insufficient to pay the costs specified in subsection (a)(2).
            ``(4) Interest rate.--Except as otherwise provided in 
        subparagraphs (B) and (C) of section 603(b)(4), the interest 
        rate on a direct loan resulting from a draw on the line of 
        credit shall be not less than the yield on 30-year United 
        States Treasury securities as of the date of execution of the 
        line of credit agreement.
            ``(5) Security.--The line of credit--
                    ``(A) shall--
                            ``(i) be payable, in whole or in part, from 
                        tolls, user fees, or other dedicated revenue 
                        sources that also secure the senior project 
                        obligations; and
                            ``(ii) include a rate covenant, coverage 
                        requirement, or similar security feature 
                        supporting the project obligations; and
                    ``(B) may have a lien on revenues described in 
                subparagraph (A) subject to any lien securing project 
                obligations.
            ``(6) Period of availability.--The full amount of the line 
        of credit, to the extent not drawn upon, shall be available 
        during the period beginning on the date of substantial 
        completion of the project and ending not later than 10 years 
        after that date.
            ``(7) Rights of third-party creditors.--
                    ``(A) Against federal government.--A third-party 
                creditor of the obligor shall not have any right 
                against the Federal Government with respect to any draw 
                on the line of credit.
                    ``(B) Assignment.--An obligor may assign the line 
                of credit to 1 or more lenders or to a trustee on the 
                behalf of the lenders.
            ``(8) Nonsubordination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), a direct loan under this 
                section shall not be subordinated to the claims of any 
                holder of project obligations in the event of 
                bankruptcy, insolvency, or liquidation of the obligor.
                    ``(B) Pre-existing indenture.--
                            ``(i) In general.--The Secretary shall 
                        waive subparagraph (A) for public agency 
                        borrowers that are financing ongoing capital 
                        programs and have outstanding senior bonds 
                        under a pre-existing indenture, if--
                                    ``(I) the line of credit is rated 
                                in the A-category or higher;
                                    ``(II) the TIFIA program loan 
                                resulting from a draw on the line of 
                                credit is payable from pledged revenues 
                                not affected by project performance, 
                                such as a tax-backed revenue pledge or 
                                a system-backed pledge of project 
                                revenues; and
                                    ``(III) the TIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            ``(ii) Limitation.--If the Secretary waives 
                        the nonsubordination requirement under this 
                        subparagraph--
                                    ``(I) the maximum credit subsidy 
                                that will be paid by the Federal 
                                Government shall be limited to 10 
                                percent of the principal amount of the 
                                secured loan; and
                                    ``(II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost.
            ``(9) Fees.--The Secretary may establish fees at a level 
        sufficient to cover all or a portion of the costs to the 
        Federal Government of providing a line of credit under this 
        section.
            ``(10) Relationship to other credit instruments.--A project 
        that receives a line of credit under this section shall not 
        also receive a secured loan or loan guarantee under section 603 
        in an amount that, combined with the amount of the line of 
        credit, exceeds 49 percent of eligible project costs.
    ``(c) Repayment.--
            ``(1) Terms and conditions.--The Secretary shall establish 
        repayment terms and conditions for each direct loan under this 
        section based on the projected cash flow from project revenues 
        and other repayment sources, and the useful life of the asset 
        being financed.
            ``(2) Timing.--All repayments of principal or interest on a 
        direct loan under this section shall be scheduled to commence 
        not later than 5 years after the end of the period of 
        availability specified in subsection (b)(6) and to conclude, 
        with full repayment of principal and interest, by the date that 
        is 25 years after the end of the period of availability 
        specified in subsection (b)(6).
``Sec. 605. Program administration
    ``(a) Requirement.--The Secretary shall establish a uniform system 
to service the Federal credit instruments made available under this 
chapter.
    ``(b) Fees.--The Secretary may collect and spend fees, contingent 
upon authority being provided in appropriations Acts, at a level that 
is sufficient to cover--
            ``(1) the costs of services of expert firms retained 
        pursuant to subsection (d); and
            ``(2) all or a portion of the costs to the Federal 
        Government of servicing the Federal credit instruments.
    ``(c) Servicer.--
            ``(1) In general.--The Secretary may appoint a financial 
        entity to assist the Secretary in servicing the Federal credit 
        instruments.
            ``(2) Duties.--The servicer shall act as the agent for the 
        Secretary.
            ``(3) Fee.--The servicer shall receive a servicing fee, 
        subject to approval by the Secretary.
    ``(d) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms, including counsel, in the field of municipal 
and project finance to assist in the underwriting and servicing of 
Federal credit instruments.
``Sec. 606. State and local permits
    ``The provision of credit assistance under this chapter with 
respect to a project shall not--
            ``(1) relieve any recipient of the assistance of any 
        obligation to obtain any required State or local permit or 
        approval with respect to the project;
            ``(2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            ``(3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.
``Sec. 607. Regulations
    ``The Secretary may promulgate such regulations as the Secretary 
determines appropriate to carry out this chapter.
``Sec. 608. Funding
    ``(a) Funding.--
            ``(1) Spending and borrowing authority.--Spending and 
        borrowing authority for a fiscal year to enter into Federal 
        credit instruments shall be promptly apportioned to the 
        Secretary on a fiscal year basis.
            ``(2) Reestimates.--When the estimated cost of a loan or 
        loans is reestimated, the cost of the reestimate shall be borne 
        by or benefit the general fund of the Treasury, consistent with 
        section 661c(f) of title 2, United States Code.
            ``(3) Rural set-aside.--
                    ``(A) In general.--Of the total amount of funds 
                made available to carry out this chapter for each 
                fiscal year, 10 percent shall be set aside for rural 
                infrastructure projects.
                    ``(B) Reobligation.--Any amounts set aside under 
                subparagraph (A) that remain unobligated by June 1 of 
                the fiscal year for which the amounts were set aside 
                shall be available for obligation by the Secretary on 
                projects other than rural infrastructure projects.
            ``(4) Redistribution of authorized funding.--
                    ``(A) In general.--Beginning for the second fiscal 
                year after the date of enactment of this paragraph, on 
                August 1 of that fiscal year, and each fiscal year 
                thereafter, if the unobligated and uncommitted balance 
                of funding available exceeds 150 percent of the amount 
                made available to carry out this chapter for that 
                fiscal year, the Secretary shall distribute to the 
                States the amount of funds and associated obligation 
                authority in excess of that amount.
                    ``(B) Distribution.--The amounts and obligation 
                authority distributed under this paragraph shall be 
                distributed, in the same manner as obligation authority 
                is distributed to the States for the fiscal year, based 
                on the proportion that--
                            ``(i) the relative share of each State of 
                        obligation authority for the fiscal year; bears 
                        to
                            ``(ii) the total amount of obligation 
                        authority distributed to all States for the 
                        fiscal year.
                    ``(C) Purpose.--Funds distributed under 
                subparagraph (B) shall be available for any purpose 
                described in section 133(c).
            ``(5) Availability.--Amounts made available to carry out 
        this chapter shall remain available until expended.
            ``(6) Administrative costs.--Of the amounts made available 
        to carry out this chapter, the Secretary may use not more than 
        1 percent for each fiscal year for the administration of this 
        chapter.
    ``(b) Contract Authority.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, execution of a term sheet by the Secretary of a Federal 
        credit instrument that uses amounts made available under this 
        chapter shall impose on the United States a contractual 
        obligation to fund the Federal credit investment.
            ``(2) Availability.--Amounts made available to carry out 
        this chapter for a fiscal year shall be available for 
        obligation on October 1 of the fiscal year.
``Sec. 609. Reports to Congress
    ``On June 1, 2012, and every 2 years thereafter, the Secretary 
shall submit to Congress a report summarizing the financial performance 
of the projects that are receiving, or have received, assistance under 
this chapter (other than section 610), including a recommendation as to 
whether the objectives of this chapter (other than section 610) are 
best served--
            ``(1) by continuing the program under the authority of the 
        Secretary;
            ``(2) by establishing a Federal corporation or federally 
        sponsored enterprise to administer the program; or
            ``(3) by phasing out the program and relying on the capital 
        markets to fund the types of infrastructure investments 
        assisted by this chapter (other than section 610) without 
        Federal participation.''.

SEC. 3003. STATE INFRASTRUCTURE BANKS.

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

                  TITLE IV--HIGHWAY SPENDING CONTROLS

SEC. 4001. HIGHWAY SPENDING CONTROLS.

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

                  Chapter 7--Highway Spending Controls

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

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

    ``(a) Solvency Calculation for Fiscal Year 2012.--Not later than 60 
days after the date of enactment of the MAP-21, the Secretary, in 
consultation with the Secretary of Treasury, shall--
            ``(1) estimate the balance of the Highway Trust Fund (other 
        than the Mass Transit Account) at the end of such fiscal year 
        and the end of the next fiscal year, for purposes of which 
        estimation the Secretary shall assume that the obligation 
        limitation on Federal-aid highways and highway safety 
        construction programs is equal to the obligation limitations 
        enacted for those fiscal years in the MAP-21;
            ``(2) determine if the estimated balance of the Highway 
        Trust Fund (other than the Mass Transit Account) would fall 
        below--
                    ``(A) $2,000,000,000 at the end of the fiscal year 
                for which the obligation limitation is being 
                distributed; or
                    ``(B) $1,000,000,000 at the end of the next fiscal 
                year;
            ``(3) if either of the conditions in paragraph (1) would 
        occur, calculate the amount by which the obligation limitation 
        in the fiscal year for which the obligation limitation is being 
        distributed must be reduced to prevent such occurrence, for 
        purposes of which calculation the Secretary shall assume that 
        the obligation limitation on Federal-aid highways and highway 
        safety construction programs for the next fiscal year is equal 
        to the obligation limitation for the fiscal year for which the 
        limitation is being distributed as reduced pursuant to this 
        subparagraph;
            ``(4) distribute such obligation limitation, less any 
        amount determined under paragraph (3);
            ``(5) ensure that any obligation limitation that is 
        withheld from distribution pursuant to paragraph (3) shall 
        lapse immediately following the distribution of obligation 
        limitation under paragraph (4); and
            ``(6) upon the lapse of any obligation limitation under 
        paragraph (5), reduce proportionately the amount of sums 
        authorized to be appropriated from the Highway Trust Fund 
        (other than the Mass Transit Account) for such fiscal year to 
        carry out each of the Federal-aid highway and highway safety 
        construction programs (other than emergency relief) by an 
        aggregate amount equal to the amount determined pursuant to 
        such paragraph. The amounts withheld pursuant to this paragraph 
        are permanently rescinded.
    ``(b) Solvency Calculation for Fiscal Year 2013 and Fiscal Years 
Thereafter.--
            ``(1) Adjustment of obligation limitation.--Except as 
        provided in paragraph (2), in distributing the obligation 
        limitation on Federal-aid highways and highway safety 
        construction programs for fiscal year 2013 and each fiscal year 
        thereafter, the Secretary shall--
                    ``(A) estimate the balance of the Highway Trust 
                Fund (other than the Mass Transit Account) at the end 
                of such fiscal year and the end of the next fiscal 
                year, for purposes of which estimation, the Secretary 
                shall assume that the obligation limitation on Federal-
                aid highways and highway safety construction programs 
                for the next fiscal year is equal to the obligation 
                limitation enacted for the fiscal year for which the 
                limitation is being distributed;
                    ``(B) determine if the estimated balance of the 
                Highway Trust Fund (other than the Mass Transit 
                Account) would fall below--
                            ``(i) $2,000,000,000 at the end of the 
                        fiscal year for which the obligation limitation 
                        is being distributed; or
                            ``(ii) $1,000,000,000 at the end of the 
                        next fiscal year;
                    ``(C) if either of the conditions in subparagraph 
                (B) would occur, calculate the amount by which the 
                obligation limitation in the fiscal year for which the 
                obligation limitation is being distributed must be 
                reduced to prevent such occurrence; and
                    ``(D) distribute such obligation limitation less 
                any amount determined under subparagraph (C).
            ``(2) Lapse and rescission.--
                    ``(A) Obligation limitation.--
                            ``(i) Recalculation.--In a fiscal year in 
                        which the Secretary withholds obligation 
                        limitation based on the calculation under 
                        paragraph (1), the Secretary shall, on March 1 
                        of such fiscal year, repeat the calculations 
                        under subparagraphs (A) through (C) of such 
                        paragraph. Based on the results of those 
                        calculations, the Secretary shall--
                                    ``(I) if the Secretary determines 
                                that either of the conditions in 
                                paragraph (1)(B) would occur, withdraw 
                                an additional amount of obligation 
                                limitation necessary to prevent such 
                                occurrence; or
                                    ``(II) distribute as much of the 
                                withheld obligation limitation as may 
                                be distributed without causing either 
                                of the conditions specified in 
                                paragraph (1)(B) to occur.
                            ``(ii) Lapse.--Any obligation limitation 
                        that is enacted for a fiscal year, withheld 
                        from distribution pursuant to paragraph (1)(D) 
                        (or withdrawn under clause (i)(I)), and not 
                        subsequently distributed under clause (i)(II) 
                        shall lapse immediately following the 
                        distribution of obligation limitation under 
                        such paragraph.
                    ``(B) Contract authority.--
                            ``(i) In general.--Upon the lapse of any 
                        obligation limitation under subparagraph 
                        (A)(ii), an equal amount of the unobligated 
                        balances of funds apportioned among the States 
                        under chapter 1 and sections 1116, 1303, and 
                        1404 of the SAFETEA-LU (119 Stat. 1177, 1207, 
                        and 1228) are permanently rescinded. In 
                        administering the rescission required under 
                        this subparagraph, the Secretary shall allow 
                        each State to determine the amount of the 
                        required rescission to be drawn from the 
                        programs to which the rescission applies, 
                        except as provided in clause (ii).
                            ``(ii) Rescission of funds apportioned in 
                        fiscal year 2013 and fiscal years thereafter.--
                        If a State determines that it will meet any of 
                        its required rescission amount from funds 
                        apportioned to such State on or subsequent to 
                        October 1, 2012, the Secretary shall determine 
                        the amount to be rescinded from each of the 
                        programs subject to the rescission for which 
                        the State was apportioned funds on or 
                        subsequent to October 1, 2012, in proportion to 
                        the cumulative amount of apportionments that 
                        the State received for each such program on or 
                        subsequent to October 1, 2012.
            ``(3) Other actions to prevent insolvency.--The Secretary 
        shall issue a regulation to establish any actions in addition 
        to those described in paragraph (1) that may be taken by the 
        Secretary if it becomes apparent that the Highway Trust Fund 
        (other than the Mass Transit Account) will become insolvent, 
        including the denial of further obligations.
            ``(4) Applicable only to full-year limitation.--The 
        requirements of paragraph (1) apply only to the distribution of 
        a full-year obligation limitation and do not apply to partial-
        year limitations under continuing appropriations Acts.''.
    (b) Table of Chapters.--The table of chapters for title 23, United 
States Code, is amended by inserting after the item relating to chapter 
6 the following:

``7. Highway Spending Controls..............................     701''.
                                 <all>
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