112TH CONGRESS 

2D SESSION S. 1813 

AN ACT 

To reauthorize Federal-aid highway and highway safety 

construction programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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

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

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

5 the ‘‘MAP–21’’. 

6 (b) DIVISIONS.—This Act is organized into 8 divi7 sions as follows: 

8 (1) Division A–Federal-aid Highways and 

9 Highway Safety Construction Programs. 

10 (2) Division B–Public Transportation. 

11 (3) Division C–Transportation Safety and Sur12 face Transportation Policy. 

13 (4) Division D–Finance. 

14 (5) Division E–Research and Education. 

15 (6) Division F–Miscellaneous. 

16 (7) Division G–Air Transportation. 

17 (8) Division H–Budgetary Effects. 

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

19 this Act is as follows: 

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

Sec. 2. Definitions. 

DIVISION A—FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY 

CONSTRUCTION PROGRAMS 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorizations and Programs 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Definitions. 

Sec. 1104. National highway system. 

Sec. 1105. Apportionment. 


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Sec. 1106. National highway performance program. 

Sec. 1107. Emergency relief. 

Sec. 1108. Transportation mobility program. 

Sec. 1109. Workforce development. 

Sec. 1110. Highway use tax evasion projects. 

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

Sec. 1112. Highway safety improvement program. 

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

Sec. 1114. Territorial and Puerto Rico highway program. 

Sec. 1115. National freight program. 

Sec. 1116. Federal lands and tribal transportation programs. 

Sec. 1117. Alaska Highway. 

Sec. 1118. Projects of national and regional significance. 

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

Subtitle B—Performance Management 

Sec. 1201. Metropolitan transportation planning. 

Sec. 1202. Statewide and nonmetropolitan transportation planning. 

Sec. 1203. National goals. 

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. 


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Sec. 1506. Federal share payable. 

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

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

Sec. 1509. Electric vehicle charging stations. 

Sec. 1510. HOV facilities. 

Sec. 1511. Construction equipment and vehicles. 

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

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

Sec. 1514. Uniform Relocation Assistance Act amendments. 

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

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

Sec. 1517. Rescissions. 

Sec. 1518. State autonomy for culvert pipe selection. 

Sec. 1519. Effective and significant performance measures. 

Sec. 1520. Requirements for eligible bridge projects. 

Sec. 1521. Idle reduction technology. 

Sec. 1522. Report on Highway Trust Fund expenditures. 

Sec. 1523. Evacuation routes. 

Sec. 1524. Defense access road program enhancements to address transportation infrastructure in the vicinity of military installations. 

Sec. 1525. Express lanes demonstration program. 

Sec. 1526. Treatment of historic signs. 

Sec. 1527. Consolidation of grants. 

Sec. 1528. Buy America provisions. 

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

Sec. 1530. Appalachian development highway system. 

Sec. 1531. Denali Commission. 

Sec. 1532. Updated corrosion control and prevention report. 

Sec. 1533. Harbor Maintenance trust fund. 

Sec. 1534. Enrichment technology and intellectual property. 

Sec. 1535. Sense of Senate concerning expenditious completion of environmental reviews, approvals, licensing, and permit requirements. 

Subtitle F—Gulf Coast Restoration 

Sec. 1601. Short title. 

Sec. 1602. Gulf Coast Restoration Trust Fund. 

Sec. 1603. Gulf Coast natural resources restoration and economic recovery. 

Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, 

and Technology Program. 

Sec. 1605. Effect. 

Subtitle G—Land and Water Conservation Fund 

Sec. 1701. Land and water conservation fund. 

Subtitle H—Offsets 

Sec. 1801. Delay in application of worldwide interest. 

TITLE II—AMERICA FAST FORWARD FINANCING INNOVATION 

Sec. 2001. Short title. 

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

Sec. 2003. State infrastructure banks. 


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TITLE III—HIGHWAY SPENDING CONTROLS 

Sec. 3001. Highway spending controls. 

DIVISION B—PUBLIC TRANSPORTATION 

Sec. 20001. Short title. 

Sec. 20002. Repeals. 

Sec. 20003. Policies, purposes, and goals. 

Sec. 20004. Definitions. 

Sec. 20005. Metropolitan transportation planning. 

Sec. 20006. Statewide and nonmetropolitan transportation planning. 

Sec. 20007. Public Transportation Emergency Relief Program. 

Sec. 20008. Urbanized area formula grants. 

Sec. 20009. Clean fuel grant program. 

Sec. 20010. Fixed guideway capital investment grants. 

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

Sec. 20012. Formula grants for other than urbanized areas. 

Sec. 20013. Research, development, demonstration, and deployment projects. 

Sec. 20014. Technical assistance and standards development. 

Sec. 20015. Bus testing facilities. 

Sec. 20016. Public transportation workforce development and human resource 

programs. 

Sec. 20017. General provisions. 

Sec. 20018. Contract requirements. 

Sec. 20019. Transit asset management. 

Sec. 20020. Project management oversight. 

Sec. 20021. Public transportation safety. 

Sec. 20022. Alcohol and controlled substances testing. 

Sec. 20023. Nondiscrimination. 

Sec. 20024. Labor standards. 

Sec. 20025. Administrative provisions. 

Sec. 20026. National transit database. 

Sec. 20027. Apportionment of appropriations for formula grants. 

Sec. 20028. State of good repair grants. 

Sec. 20029. Authorizations. 

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

formula factors. 

Sec. 20031. Technical and conforming amendments. 

DIVISION C—TRANSPORTATION SAFETY AND SURFACE 

TRANSPORTATION POLICY 

TITLE I—MOTOR VEHICLE AND HIGHWAY SAFETY 

IMPROVEMENT ACT OF 2012 

Sec. 31001. Short title. 

Sec. 31002. Definition. 

Subtitle A—Highway Safety 

Sec. 31101. Authorization of appropriations. 

Sec. 31102. Highway safety programs. 

Sec. 31103. Highway safety research and development. 

Sec. 31104. National driver register. 

Sec. 31105. Combined occupant protection grants. 


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Sec. 31106. State traffic safety information system improvements. 

Sec. 31107. Impaired driving countermeasures. 

Sec. 31108. Distracted driving grants. 

Sec. 31109. High visibility enforcement program. 

Sec. 31110. Motorcyclist safety. 

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

Sec. 31112. State graduated driver licensing laws. 

Sec. 31113. Agency accountability. 

Sec. 31114. Emergency medical services. 

Subtitle B—Enhanced Safety Authorities 

Sec. 31201. Definition of motor vehicle equipment. 

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

Sec. 31203. Civil penalties. 

Sec. 31204. Motor vehicle safety research and development. 

Sec. 31205. Odometer requirements. 

Sec. 31206. Increased penalties and damages for odometer fraud. 

Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equipment to defective vehicles and equipment. 

Sec. 31208. Financial responsibility requirements for importers. 

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

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

Subtitle C—Transparency and Accountability 

Sec. 31301. Improved National Highway Traffic Safety Administration vehicle 

safety database. 

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

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

with dealers. 

Sec. 31304. Public availability of early warning data. 

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

Sec. 31306. Passenger motor vehicle information program. 

Sec. 31307. Promotion of vehicle defect reporting. 

Sec. 31308. Whistleblower protections for motor vehicle manufacturers, part 

suppliers, and dealership employees. 

Sec. 31309. Anti-revolving door. 

Sec. 31310. Study of crash data collection. 

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

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

Sec. 31313. Recall obligations and bankruptcy of manufacturer. 

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

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

Subtitle D—Vehicle Electronics and Safety Standards 

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

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

Sec. 31403. Pedal placement standard. 

Sec. 31404. Electronic systems performance standard. 


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Sec. 31405. Pushbutton ignition systems standard. 

Sec. 31406. Vehicle event data recorders. 

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

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

Subtitle E—Child Safety Standards 

Sec. 31501. Child safety seats. 

Sec. 31502. Child restraint anchorage systems. 

Sec. 31503. Rear seat belt reminders. 

Sec. 31504. Unattended passenger reminders. 

Sec. 31505. New deadline. 

Subtitle F—Improved Daytime and Nighttime Visibility of Agricultural 

Equipment 

Sec. 31601. Rulemaking on visibility of agricultural equipment. 

TITLE II—COMMERCIAL MOTOR VEHICLE SAFETY 

ENHANCEMENT ACT OF 2012 

Sec. 32001. Short title. 

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

Subtitle A—Commercial Motor Vehicle Registration 

Sec. 32101. Registration of motor carriers. 

Sec. 32102. Safety fitness of new operators. 

Sec. 32103. Reincarnated carriers. 

Sec. 32104. Financial responsibility requirements. 

Sec. 32105. USDOT number registration requirement. 

Sec. 32106. Registration fee system. 

Sec. 32107. Registration update. 

Sec. 32108. Increased penalties for operating without registration. 

Sec. 32109. Revocation of registration for imminent hazard. 

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

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

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

Sec. 32113. Federal successor standard. 

Subtitle B—Commercial Motor Vehicle Safety 

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

carriers of passengers. 

Sec. 32202. Bus rentals and definition of employer. 

Sec. 32203. Crashworthiness standards. 

Sec. 32204. Canadian safety rating reciprocity. 

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

Sec. 32206. Authority to disqualify foreign commercial drivers. 

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

to pay civil penalties. 

Sec. 32208. Rental truck accident study. 

Subtitle C—Driver Safety 

Sec. 32301. Electronic on-board recording devices. 


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Sec. 32302. Safety fitness. 

Sec. 32303. Driver medical qualifications. 

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

Sec. 32305. Commercial motor vehicle operator training. 

Sec. 32306. Commercial driver’s license program. 

Sec. 32307. Commercial driver’s license requirements. 

Sec. 32308. Commercial motor vehicle driver information systems. 

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

Sec. 32310. Federal driver disqualifications. 

Sec. 32311. Employer responsibilities. 

Sec. 32312. Improving and expediting safety assessments in the commercial 

driver’s license application process for members and former 

members of the Armed Forces. 

Subtitle D—Safe Roads Act of 2012 

Sec. 32401. Short title. 

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

Sec. 32403. Drug and alcohol violation sanctions. 

Sec. 32404. Authorization of appropriations. 

Subtitle E—Enforcement 

Sec. 32501. Inspection demand and display of credentials. 

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

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

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

Sec. 32505. Minimum out of service penalties. 

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

imminent hazard. 

Sec. 32507. Increased penalties for evasion of regulations. 

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

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

and operators. 

Sec. 32510. Emergency disqualification for imminent hazard. 

Sec. 32511. Intrastate operations of interstate motor carriers. 

Sec. 32512. Enforcement of safety laws and regulations. 

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

Sec. 32514. Grade crossing safety regulations. 

Subtitle F—Compliance, Safety, Accountability 

Sec. 32601. Compliance, safety, accountability. 

Sec. 32602. Performance and registration information systems management 

program. 

Sec. 32603. Commercial motor vehicle defined. 

Sec. 32604. Driver safety fitness ratings. 

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

Sec. 32606. Authorization of appropriations. 

Sec. 32607. High risk carrier reviews. 

Sec. 32608. Data and technology grants. 

Sec. 32609. Driver safety grants. 

Sec. 32610. Commercial vehicle information systems and networks. 


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Subtitle G—Motorcoach Enhanced Safety Act of 2012 

Sec. 32701. Short title. 

Sec. 32702. Definitions. 

Sec. 32703. Regulations for improved occupant protection, passenger evacuation, and crash avoidance. 

Sec. 32704. Standards for improved fire safety. 

Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire 

extinguisher research and testing. 

Sec. 32706. Motorcoach registration. 

Sec. 32707. Improved oversight of motorcoach service providers. 

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

of certification of training programs. 

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

vans. 

Sec. 32710. Event data recorders. 

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

Sec. 32712. Distracted driving. 

Sec. 32713. Regulations. 

Subtitle H—Safe Highways and Infrastructure Preservation 

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

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

Subtitle I—Miscellaneous 

PART I—MISCELLANEOUS

Sec. 32911. Detention time study. 

Sec. 32912. Prohibition of coercion. 

Sec. 32913. Motor carrier safety advisory committee. 

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

Sec. 32915. Registration requirements. 

Sec. 32916. Additional motor carrier registration requirements. 

Sec. 32917. Registration of freight forwarders and brokers. 

Sec. 32918. Effective periods of registration. 

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

Sec. 32920. Unlawful brokerage activities. 

PART II—HOUSEHOLD GOODS TRANSPORTATION

Sec. 32921. Additional registration requirements for household goods motor 

carriers. 

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

Sec. 32923. Settlement authority. 

Sec. 32924. Household goods transportation assistance program. 

Sec. 32925. Household goods consumer education program. 

PART III—TECHNICAL AMENDMENTS

Sec. 32931. Update of obsolete text. 

Sec. 32932. Correction of interstate commerce commission references. 

Sec. 32933. Technical and conforming amendments. 

TITLE III—SURFACE TRANSPORTATION AND FREIGHT POLICY 

ACT OF 2012 


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Sec. 33001. Short title. 

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

Sec. 33003. Surface transportation and freight strategic plan. 

Sec. 33004. Transportation investment data and planning tools. 

Sec. 33005. Port infrastructure development initiative. 

Sec. 33006. Safety for motorized and nonmotorized users. 

Sec. 33007. Buy America waiver requirements. 

Sec. 33008. Make it in America Initiative. 

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

Sec. 33010. Toll fairness study. 

TITLE IV—HAZARDOUS MATERIALS TRANSPORTATION SAFETY 

IMPROVEMENT ACT OF 2012 

Sec. 34001. Short title. 

Sec. 34002. Definition. 

Sec. 34003. References to title 49, United States Code. 

Sec. 34004. Training for emergency responders. 

Sec. 34005. Paperless Hazard Communications Pilot Program. 

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

Sec. 34007. Loading and unloading of hazardous materials. 

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

Sec. 34009. Hazardous Material Enforcement Training Program. 

Sec. 34010. Inspections. 

Sec. 34011. Civil penalties. 

Sec. 34012. Reporting of fees. 

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

Sec. 34014. Highway routing disclosures. 

Sec. 34015. Authorization of appropriations. 

TITLE V—NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, 

AND DEVELOPMENT ACT OF 2012 

Sec. 35001. Short title. 

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

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

Sec. 35101. Rail plans. 

Sec. 35102. Improved data on delay. 

Sec. 35103. Data and modeling. 

Sec. 35104. Shared-use corridor study. 

Sec. 35105. Cooperative equipment pool. 

Sec. 35106. Project management oversight and planning. 

Sec. 35107. Improvements to the Capital Assistance Programs. 

Sec. 35108. Liability. 

Sec. 35109. Disadvantaged business enterprises. 

Sec. 35110. Workforce development. 

Sec. 35111. Veterans employment. 

Subtitle B—Amtrak 

Sec. 35201. State-supported routes. 

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


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

Sec. 35204. Northeast corridor environmental review process. 

Sec. 35205. Delegation authority. 

Sec. 35206. Amtrak inspector general. 

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

Sec. 35208. On-time performance. 

Sec. 35209. Board of directors. 

Sec. 35210. Amtrak. 

Subtitle C—Rail Safety Improvements 

Sec. 35301. Positive train control. 

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

Sec. 35303. FCC study of spectrum availability. 

Subtitle D—Freight Rail 

Sec. 35401. Rail line relocation. 

Sec. 35402. Compilation of complaints. 

Sec. 35403. Maximum relief in certain rate cases. 

Sec. 35404. Rate review timelines. 

Sec. 35405. Revenue adequacy study. 

Sec. 35406. Quarterly reports. 

Sec. 35407. Workforce review. 

Sec. 35408. Railroad rehabilitation and improvement financing. 

Subtitle E—Technical Corrections 

Sec. 35501. Technical corrections. 

Sec. 35502. Condemnation authority. 

Subtitle F—Licensing and Insurance Requirements for Passenger Rail 

Carriers 

Sec. 35601. Certification of passenger rail carriers. 

TITLE VI—SPORT FISH RESTORATION AND RECREATIONAL 

BOATING SAFETY ACT OF 2012 

Sec. 36001. Short title. 

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

TITLE VII—MISCELLANEOUS 

Sec. 37001. Aircraft noise abatement. 

DIVISION D—FINANCE 

Sec. 40001. Short title. 

TITLE I—EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE 

AUTHORITY AND RELATED TAXES 

Sec. 40101. Extension of trust fund expenditure authority. 

Sec. 40102. Extension of highway-related taxes. 

TITLE II—OTHER PROVISIONS 


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Sec. 40201. Temporary increase in small issuer exception to tax-exempt interest expense allocation rules for financial institutions. 

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

tax-exempt bonds. 

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

Sec. 40204. Extension of parity for exclusion from income for employer-provided mass transit and parking benefits. 

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

TITLE III—REVENUE PROVISIONS 

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

Highway Trust Fund. 

Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund financing rate transferred to Highway Trust Fund. 

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

Sec. 40304. Revocation or denial of passport in case of certain unpaid taxes. 

Sec. 40305. 100 percent continuous levy on payments to Medicare providers 

and suppliers. 

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

Sec. 40307. Treatment of securities of a controlled corporation exchanged for 

assets in certain reorganizations. 

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

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

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

accounts. 

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

Sec. 40312. Pension funding stabilization. 

Sec. 40313. Additional transfers to Highway Trust Fund. 

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

and Federal Disability Insurance Trust Fund. 

DIVISION E—RESEARCH AND EDUCATION 

Sec. 50001. Short title. 

TITLE I—FUNDING 

Sec. 51001. Authorization of appropriations. 

TITLE II—RESEARCH, TECHNOLOGY, AND EDUCATION 

Sec. 52001. Research, technology, and education. 

Sec. 52002. Surface transportation research, development, and technology. 

Sec. 52003. Research and technology development and deployment. 

Sec. 52004. Training and education. 

Sec. 52005. State planning and research. 

Sec. 52006. International highway transportation program. 

Sec. 52007. Surface transportation environmental cooperative research program. 

Sec. 52008. National cooperative freight research. 

Sec. 52009. Prize authority. 

Sec. 52010. University transportation centers program. 

Sec. 52011. Bureau of transportation statistics. 


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Sec. 52012. Administrative authority. 

Sec. 52013. Transportation research and development strategic planning. 

TITLE III—INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH 

Sec. 53001. Use of funds for its activities. 

Sec. 53002. Goals and purposes. 

Sec. 53003. General authorities and requirements. 

Sec. 53004. Research and development. 

Sec. 53005. National architecture and standards. 

Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment. 

DIVISION F—MISCELLANEOUS 

TITLE I—REAUTHORIZATION OF CERTAIN PROGRAMS 

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

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

Subtitle B—Payment in Lieu of Taxes Program 

Sec. 100111. Payments in lieu of taxes. 

Subtitle C—Offsets 

Sec. 100112. Tax reporting for life settlement transactions. 

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

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

Sec. 100115. Phased retirement authority. 

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

TITLE II—STOP TAX HAVEN ABUSE 

Sec. 100201. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United 

States tax enforcement. 

DIVISION G—AIR TRANSPORTATION 

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

DIVISION H—BUDGETARY EFFECTS 

Sec. 100401. Budgetary effects. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

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

4 means the Department of Transportation. 


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

2 the Secretary of Transportation. 

3 DIVISION A—FEDERAL-AID 

4 HIGHWAYS AND HIGHWAY 

5 SAFETY CONSTRUCTION PRO6 GRAMS 

7 TITLE I—FEDERAL-AID 

8 HIGHWAYS 

9 Subtitle A—Authorizations and 

10 Programs 

11 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—The following sums are author13 ized to be appropriated out of the Highway Trust Fund 

14 (other than the Mass Transit Account): 

15 (1) FEDERAL-AID HIGHWAY PROGRAM.—For 

16 the national highway performance program under 

17 section 119 of title 23, United States Code, the 

18 transportation mobility program under section 133 

19 of that title, the highway safety improvement pro20 gram under section 148 of that title, the congestion 

21 mitigation and air quality improvement program 

22 under section 149 of that title, the national freight 

23 program under section 167 of that title, and to carry 

24 out section 134 of that title— 


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

2 and 

3 (B) $39,806,000,000 for fiscal year 2013. 

4 (2) TRANSPORTATION INFRASTRUCTURE FI5 NANCE AND INNOVATION PROGRAM.—For credit as6 sistance under the transportation infrastructure fi7 nance and innovation program under chapter 6 of 

8 title 23, United States Code, $1,000,000,000 for 

9 each of fiscal years 2012 and 2013. 

10 (3) FEDERAL LANDS AND TRIBAL TRANSPOR11 TATION PROGRAMS.— 

12 (A) TRIBAL TRANSPORTATION PRO13 GRAM.—For the tribal transportation program 

14 under section 202 of title 23, United States 

15 Code, $450,000,000 for each of fiscal years 

16 2012 and 2013. 

17 (B) FEDERAL LANDS TRANSPORTATION

18 PROGRAM.—For the Federal lands transpor19 tation program under section 203 of title 23, 

20 United States Code, $300,000,000 for each of 

21 fiscal years 2012 and 2013, of which 

22 $260,000,000 of the amount made available for 

23 each fiscal year shall be the amount for the Na24 tional Park Service and the United States Fish 

25 and Wildlife Service. 


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1 (C) FEDERAL LANDS ACCESS PROGRAM.— 

2 For the Federal lands access program under 

3 section 204 of title 23, United States Code, 

4 $250,000,000 for each of fiscal years 2012 and 

5 2013. 

6 (4) TERRITORIAL AND PUERTO RICO HIGHWAY

7 PROGRAM.—For the territorial and Puerto Rico 

8 highway program under section 165 of title 23, 

9 United States Code, $180,000,000 for each of fiscal 

10 years 2012 and 2013. 

11 (b) DISADVANTAGED BUSINESS ENTERPRISES.— 

12 (1) DEFINITIONS.—In this subsection, the fol13 lowing definitions apply: 

14 (A) SMALL BUSINESS CONCERN.— 

15 (i) IN GENERAL.—The term ‘‘small 

16 business concern’’ means a small business 

17 concern (as the term is used in section 3 

18 of the Small Business Act (15 U.S.C. 

19 632)). 

20 (ii) EXCLUSIONS.—The term ‘‘small 

21 business concern’’ does not include any 

22 concern or group of concerns controlled by 

23 the same socially and economically dis24 advantaged individual or individuals that 

25 have average annual gross receipts during 


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1 the preceding 3 fiscal years in excess of 

2 $22,410,000, as adjusted annually by the 

3 Secretary for inflation. 

4 (B) SOCIALLY AND ECONOMICALLY DIS5 ADVANTAGED INDIVIDUALS.—The term ‘‘so6 cially and economically disadvantaged individ7 uals’’ means— 

8 (i) women; and 

9 (ii) any other socially and economi10 cally disadvantaged individuals (as the 

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

12 Business Act (15 U.S.C. 637(d)) and rel13 evant subcontracting regulations promul14 gated pursuant to that Act). 

15 (2) AMOUNTS FOR SMALL BUSINESS CON16 CERNS.—Except to the extent that the Secretary de17 termines otherwise, not less than 10 percent of the 

18 amounts made available for any program under divi19 sions A and B of this Act and section 403 of title 

20 23, United States Code, shall be expended through 

21 small business concerns owned and controlled by so22 cially and economically disadvantaged individuals. 

23 (3) ANNUAL LISTING OF DISADVANTAGED BUSI24 NESS ENTERPRISES.—Each State shall annually— 


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

2 business concerns referred to in paragraph (2) 

3 in the State, including the location of the small 

4 business concerns in the State; and 

5 (B) notify the Secretary, in writing, of the 

6 percentage of the small business concerns that 

7 are controlled by— 

8 (i) women; 

9 (ii) socially and economically dis10 advantaged individuals (other than 

11 women); and 

12 (iii) individuals who are women and 

13 are otherwise socially and economically dis14 advantaged individuals. 

15 (4) UNIFORM CERTIFICATION.— 

16 (A) IN GENERAL.—The Secretary shall es17 tablish minimum uniform criteria for use by 

18 State governments in certifying whether a con19 cern qualifies as a small business concern for 

20 the purpose of this subsection. 

21 (B) INCLUSIONS.—The minimum uniform 

22 criteria established under subparagraph (A) 

23 shall include, with respect to a potential small 

24 business concern— 

25 (i) on-site visits; 


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1 (ii) personal interviews with personnel; 

2 (iii) issuance or inspection of licenses; 

3 (iv) analyses of stock ownership; 

4 (v) listings of equipment; 

5 (vi) analyses of bonding capacity; 

6 (vii) listings of work completed; 

7 (viii) examination of the resumes of 

8 principal owners; 

9 (ix) analyses of financial capacity; and 

10 (x) analyses of the type of work pre11 ferred. 

12 (5) REPORTING.—The Secretary shall establish 

13 minimum requirements for use by State govern14 ments in reporting to the Secretary— 

15 (A) information concerning disadvantaged 

16 business enterprise awards, commitments, and 

17 achievements; and 

18 (B) such other information as the Sec19 retary determines to be appropriate for the 

20 proper monitoring of the disadvantaged busi21 ness enterprise program. 

22 (6) COMPLIANCE WITH COURT ORDERS.—Noth23 ing in this subsection limits the eligibility of an indi24 vidual or entity to receive funds made available 

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


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1 of title 23, United States Code, if the entity or per2 son is prevented, in whole or in part, from complying 

3 with paragraph (2) because a Federal court issues a 

4 final order in which the court finds that a require5 ment or the implementation of paragraph (2) is un6 constitutional. 

7 SEC. 1102. OBLIGATION CEILING. 

8 (a) GENERAL LIMITATION.—Subject to subsection 

9 (e), and notwithstanding any other provision of law, the 

10 obligations for Federal-aid highway and highway safety 

11 construction programs shall not exceed— 

12 (1) $41,564,000,000 for fiscal year 2012; and 

13 (2) $42,227,000,000 for fiscal year 2013. 

14 (b) EXCEPTIONS.—The limitations under subsection 

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

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

17 (2) section 147 of the Surface Transportation 

18 Assistance Act of 1978 (23 U.S.C. 144 note; 92 

19 Stat. 2714); 

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

21 of 1981 (95 Stat. 1701); 

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

23 Surface Transportation Assistance Act of 1982 (96 

24 Stat. 2119); 


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

2 Surface Transportation and Uniform Relocation As3 sistance Act of 1987 (101 Stat. 198); 

4 (6) sections 1103 through 1108 of the Inter5 modal Surface Transportation Efficiency Act of 

6 1991 (105 Stat. 2027); 

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

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

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

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

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

12 of those fiscal years); 

13 (9) Federal-aid highway programs for which ob14 ligation authority was made available under the 

15 Transportation Equity Act for the 21st Century 

16 (112 Stat. 107) or subsequent Acts for multiple 

17 years or to remain available until expended, but only 

18 to the extent that the obligation authority has not 

19 lapsed or been used; 

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

21 (but, for each of fiscal years 2005 through 2011, 

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

23 of those fiscal years); 

24 (11) section 1603 of the Safe, Accountable, 

25 Flexible, Efficient Transportation Equity Act: A 


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1 Legacy for Users (119 Stat. 1248), to the extent 

2 that funds obligated in accordance with that section 

3 were not subject to a limitation on obligations at the 

4 time at which the funds were initially made available 

5 for obligation; and 

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

7 (but, for each of fiscal years 2012 through 2013, 

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

9 of those fiscal years). 

10 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 

11 For each of fiscal years 2012 through 2013, the Sec12 retary— 

13 (1) shall not distribute obligation authority pro14 vided by subsection (a) for the fiscal year for— 

15 (A) amounts authorized for administrative 

16 expenses and programs by section 104(a) of 

17 title 23, United States Code; and 

18 (B) amounts authorized for the Bureau of 

19 Transportation Statistics; 

20 (2) shall not distribute an amount of obligation 

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

22 the unobligated balance of amounts— 

23 (A) made available from the Highway 

24 Trust Fund (other than the Mass Transit Ac25 count) for Federal-aid highway and highway 


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1 safety construction programs for previous fiscal 

2 years the funds for which are allocated by the 

3 Secretary (or apportioned by the Secretary 

4 under sections 202 or 204 of title 23, United 

5 States Code); and 

6 (B) for which obligation authority was pro7 vided in a previous fiscal year; 

8 (3) shall determine the proportion that— 

9 (A) the obligation authority provided by 

10 subsection (a) for the fiscal year, less the aggre11 gate of amounts not distributed under para12 graphs (1) and (2) of this subsection; bears to 

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

14 appropriated for the Federal-aid highway and 

15 highway safety construction programs (other 

16 than sums authorized to be appropriated for 

17 provisions of law described in paragraphs (1) 

18 through (11) of subsection (b) and sums au19 thorized to be appropriated for section 119 of 

20 title 23, United States Code, equal to the 

21 amount referred to in subsection (b)(12) for the 

22 fiscal year), less the aggregate of the amounts 

23 not distributed under paragraphs (1) and (2) of 

24 this subsection; 


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1 (4) shall distribute the obligation authority pro2 vided by subsection (a), less the aggregate amounts 

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

4 each of the programs (other than programs to which 

5 paragraph (1) applies) that are allocated by the Sec6 retary under this Act and title 23, United States 

7 Code, or apportioned by the Secretary under sections 

8 202 or 204 of that title, by multiplying— 

9 (A) the proportion determined under para10 graph (3); by 

11 (B) the amounts authorized to be appro12 priated for each such program for the fiscal 

13 year; and 

14 (5) shall distribute the obligation authority pro15 vided by subsection (a), less the aggregate amounts 

16 not distributed under paragraphs (1) and (2) and 

17 the amounts distributed under paragraph (4), for 

18 Federal-aid highway and highway safety construc19 tion programs that are apportioned by the Secretary 

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

21 amounts apportioned for the national highway per22 formance program in section 119 of title 23, United 

23 States Code, that are exempt from the limitation 

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1 tioned under section 204 of that title) in the propor2 tion that— 

3 (A) amounts authorized to be appropriated 

4 for the programs that are apportioned under 

5 title 23, United States Code, to each State for 

6 the fiscal year; bears to 

7 (B) the total of the amounts authorized to 

8 be appropriated for the programs that are ap9 portioned under title 23, United States Code, to 

10 all States for the fiscal year. 

11 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU12 THORITY.—Notwithstanding subsection (c), the Secretary 

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

14 2013— 

15 (1) revise a distribution of the obligation au16 thority made available under subsection (c) if an 

17 amount distributed cannot be obligated during that 

18 fiscal year; and 

19 (2) redistribute sufficient amounts to those 

20 States able to obligate amounts in addition to those 

21 previously distributed during that fiscal year, giving 

22 priority to those States having large unobligated bal23 ances of funds apportioned under sections 144 (as in 

24 effect on the day before the date of enactment of 

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


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1 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

2 TRANSPORTATION RESEARCH PROGRAMS.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2), obligation limitations imposed by sub5 section (a) shall apply to contract authority for 

6 transportation research programs carried out 

7 under— 

8 (A) chapter 5 of title 23, United States 

9 Code; and 

10 (B) division E of this Act. 

11 (2) EXCEPTION.—Obligation authority made 

12 available under paragraph (1) shall— 

13 (A) remain available for a period of 4 fis14 cal years; and 

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

16 limitation imposed on obligations for Federal17 aid highway and highway safety construction 

18 programs for future fiscal years. 

19 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

20 FUNDS.— 

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

22 the date of distribution of obligation authority under 

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

24 2013, the Secretary shall distribute to the States 

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1 gram under section 202 of title 23, United States 

2 Code) that— 

3 (A) are authorized to be appropriated for 

4 the fiscal year for Federal-aid highway pro5 grams; and 

6 (B) the Secretary determines will not be 

7 allocated to the States (or will not be appor8 tioned to the States under section 204 of title 

9 23, United States Code), and will not be avail10 able for obligation, for the fiscal year because 

11 of the imposition of any obligation limitation for 

12 the fiscal year. 

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

14 paragraph (1) in the same proportion as the dis15 tribution of obligation authority under subsection 

16 (c)(5). 

17 (3) AVAILABILITY.—Funds distributed to each 

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

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

20 United States Code. 

21 SEC. 1103. DEFINITIONS. 

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

23 States Code, is amended— 

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

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


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

2 (5), (8), (13), (14), (15), (16), (17), (18), (21), 

3 (22), (23), (27), (29), (30), (31), (32), (33), (34), 

4 (35), (36), and (37) as paragraphs (3), (4), (5), (6), 

5 (9), (12), (13), (14), (15), (16), (17), (18), (19), 

6 (20), (21), (22), (23), (24), (25), (26), (28), (29), 

7 (33), and (34), respectively; 

8 (3) by inserting after paragraph (1) the fol9 lowing: 

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

11 management’ means a strategic and systematic proc12 ess of operating, maintaining, and improving phys13 ical assets, with a focus on both engineering and 

14 economic analysis based upon quality information, to 

15 identify a structured sequence of maintenance, pres16 ervation, repair, rehabilitation, and replacement ac17 tions that will achieve and sustain a desired state of 

18 good repair over the lifecycle of the assets at min19 imum practicable cost.’’; 

20 (4) in paragraph (4) (as redesignated by para21 graph (2))— 

22 (A) in the matter preceding subparagraph 

23 (A), by inserting ‘‘or any project eligible for as24 sistance under this title’’ after ‘‘of a highway’’; 


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1 (B) by striking subparagraph (A) and in2 serting the following: 

3 ‘‘(A) preliminary engineering, engineering, 

4 and design-related services directly relating to 

5 the construction of a highway project, including 

6 engineering, design, project development and 

7 management, construction project management 

8 and inspection, surveying, mapping (including 

9 the establishment of temporary and permanent 

10 geodetic control in accordance with specifica11 tions of the National Oceanic and Atmospheric 

12 Administration), and architectural-related serv13 ices;’’; 

14 (C) in subparagraph (B)— 

15 (i) by inserting ‘‘reconstruction,’’ be16 fore ‘‘resurfacing’’; and 

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

18 and inserting ‘‘rehabilitation, and preserva19 tion’’; 

20 (D) in subparagraph (E) by striking ‘‘rail21 way’’ and inserting ‘‘railway-highway’’; and 

22 (E) in subparagraph (F) by striking ‘‘ob23 stacles’’ and inserting ‘‘hazards’’. 

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


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

2 eligible’’; and 

3 (B) by inserting ‘‘functionally’’ before 

4 ‘‘classified’’; 

5 (6) by inserting after paragraph (6) (as so re6 designated) the following: 

7 ‘‘(7) FEDERAL LANDS ACCESS TRANSPOR8 TATION FACILITY.—The term ‘Federal Lands access 

9 transportation facility’ means a public highway, 

10 road, bridge, trail, or transit system that is located 

11 on, is adjacent to, or provides access to Federal 

12 lands for which title or maintenance responsibility is 

13 vested in a State, county, town, township, tribal, 

14 municipal, or local government. 

15 ‘‘(8) FEDERAL LANDS TRANSPORTATION FACIL16 ITY.—The term ‘Federal lands transportation facil17 ity’ means a public highway, road, bridge, trail, or 

18 transit system that is located on, is adjacent to, or 

19 provides access to Federal lands for which title and 

20 maintenance responsibility is vested in the Federal 

21 Government, and that appears on the national Fed22 eral lands transportation facility inventory described 

23 in section 203(c).’’; 


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1 (7) in paragraph (11)(B) by inserting ‘‘includ2 ing public roads on dams’’ after ‘‘drainage struc3 ture’’; 

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

5 (A) by striking ‘‘as a’’ and inserting ‘‘as 

6 an air quality’’; and 

7 (B) by inserting ‘‘air quality’’ before ‘‘at8 tainment area’’; 

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

10 striking ‘‘an undertaking to construct a particular 

11 portion of a highway, or if the context so implies, 

12 the particular portion of a highway so constructed or 

13 any other undertaking’’ and inserting ‘‘any under14 taking’’; 

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

16 (A) by striking ‘‘the State transportation 

17 department and’’; and 

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

19 ‘‘Secretary’’; 

20 (11) by striking paragraph (23) (as so redesig21 nated) and inserting the following: 

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

23 term ‘safety improvement project’ means a strategy, 

24 activity, or project on a public road that is con25 sistent with the State strategic highway safety plan 


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1 and corrects or improves a roadway feature that 

2 constitutes a hazard to road users or addresses a 

3 highway safety problem.’’; 

4 (12) by inserting after paragraph (26) (as so 

5 redesignated) the following: 

6 ‘‘(27) STATE STRATEGIC HIGHWAY SAFETY

7 PLAN.—The term ‘State strategic highway safety 

8 plan’ has the same meaning given such term in sec9 tion 148(a).’’; 

10 (13) by striking paragraph (29) (as so redesig11 nated) and inserting the following: 

12 ‘‘(29) TRANSPORTATION ENHANCEMENT ACTIV13 ITY.—The term ‘transportation enhancement activ14 ity’ means any of the following activities when car15 ried out as part of any program or project author16 ized or funded under this title, or as an independent 

17 program or project related to surface transportation: 

18 ‘‘(A) Provision of facilities for pedestrians 

19 and bicycles. 

20 ‘‘(B) Provision of safety and educational 

21 activities for pedestrians and bicyclists. 

22 ‘‘(C) Acquisition of scenic easements and 

23 scenic or historic sites. 

24 ‘‘(D) Scenic or historic highways and 

25 bridges. 


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1 ‘‘(E) Vegetation management practices in 

2 transportation rights-of-way and other activities 

3 eligible under section 319. 

4 ‘‘(F) Historic preservation, rehabilitation, 

5 and operation of historic transportation build6 ings, structures, or facilities. 

7 ‘‘(G) Preservation of abandoned railway 

8 corridors, including the conversion and use of 

9 the corridors for pedestrian or bicycle trails. 

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

11 outdoor advertising. 

12 ‘‘(I) Archaeological planning and research. 

13 ‘‘(J) Any environmental mitigation activ14 ity, including pollution prevention and pollution 

15 abatement activities and mitigation to— 

16 ‘‘(i) address stormwater management, 

17 control, and water pollution prevention or 

18 abatement related to highway construction 

19 or due to highway runoff, including activi20 ties described in sections 133(b)(11), 

21 328(a), and 329; or 

22 ‘‘(ii) reduce vehicle-caused wildlife 

23 mortality or to restore and maintain 

24 connectivity among terrestrial or aquatic 

25 habitats.’’; and 


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1 (14) by inserting after paragraph (29) (as so 

2 redesignated) the following: 

3 ‘‘(30) TRANSPORTATION SYSTEMS MANAGE4 MENT AND OPERATIONS.— 

5 ‘‘(A) IN GENERAL.—The term ‘transpor6 tation systems management and operations’ 

7 means integrated strategies to optimize the per8 formance of existing infrastructure through the 

9 implementation of multimodal and intermodal, 

10 cross-jurisdictional systems, services, and 

11 projects designed to preserve capacity and im12 prove security, safety, and reliability of the 

13 transportation system. 

14 ‘‘(B) INCLUSIONS.—The term ‘transpor15 tation systems management and operations’ in16 cludes— 

17 ‘‘(i) actions such as traffic detection 

18 and surveillance, corridor management, 

19 freeway management, arterial manage20 ment, active transportation and demand 

21 management, work zone management, 

22 emergency management, traveler informa23 tion services, congestion pricing, parking 

24 management, automated enforcement, traf25 fic control, commercial vehicle operations, 


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1 freight management, and coordination of 

2 highway, rail, transit, bicycle, and pedes3 trian operations; and 

4 ‘‘(ii) coordination of the implementa5 tion of regional transportation system 

6 management and operations investments 

7 (such as traffic incident management, trav8 eler information services, emergency man9 agement, roadway weather management, 

10 intelligent transportation systems, commu11 nication networks, and information sharing 

12 systems) requiring agreements, integration, 

13 and interoperability to achieve targeted 

14 system performance, reliability, safety, and 

15 customer service levels. 

16 ‘‘(31) TRIBAL TRANSPORTATION FACILITY.— 

17 The term ‘tribal transportation facility’ means a 

18 public highway, road, bridge, trail, or transit system 

19 that is located on or provides access to tribal land 

20 and appears on the national tribal transportation fa21 cility inventory described in section 202(b)(1). 

22 ‘‘(32) TRUCK STOP ELECTRIFICATION SYS23 TEM.—The term ‘truck stop electrification system’ 

24 means a system that delivers heat, air conditioning, 


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1 electricity, or communications to a heavy-duty vehi2 cle.’’. 

3 (b) SENSE OF CONGRESS.—Section 101(c) of title 

4 23, United States Code, is amended by striking ‘‘system’’ 

5 and inserting ‘‘highway’’. 

6 SEC. 1104. NATIONAL HIGHWAY SYSTEM. 

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

8 States Code, is amended to read as follows: 

9 ‘‘§ 103. National highway system 

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

11 the Federal-aid system is the National Highway System, 

12 which includes the Interstate System. 

13 ‘‘(b) NATIONAL HIGHWAY SYSTEM.— 

14 ‘‘(1) DESCRIPTION.—The National Highway 

15 System consists of the highway routes and connec16 tions to transportation facilities that shall— 

17 ‘‘(A) serve major population centers, inter18 national border crossings, ports, airports, public 

19 transportation facilities, and other intermodal 

20 transportation facilities and other major travel 

21 destinations; 

22 ‘‘(B) meet national defense requirements; 

23 and 

24 ‘‘(C) serve interstate and interregional 

25 travel and commerce. 


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

2 System described in paragraph (1) consists of the 

3 following: 

4 ‘‘(A) The National Highway System de5 picted on the map submitted by the Secretary 

6 of Transportation to Congress with the report 

7 entitled ‘Pulling Together: The National High8 way System and its Connections to Major Inter9 modal Terminals’ and dated May 24, 1996, and 

10 modifications approved by the Secretary before 

11 the date of enactment of the MAP–21. 

12 ‘‘(B) Other urban and rural principal arte13 rial routes, and border crossings on those 

14 routes, that were not included on the National 

15 Highway System before the date of enactment 

16 of the MAP–21. 

17 ‘‘(C) Other connector highways (including 

18 toll facilities) that were not included in the Na19 tional Highway System before the date of en20 actment of the MAP–21 but that provide motor 

21 vehicle access between arterial routes on the 

22 National Highway System and a major inter23 modal transportation facility. 

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


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

2 that are important to the United States 

3 strategic defense policy, that provide de4 fense access, continuity, and emergency ca5 pabilities for the movement of personnel, 

6 materials, and equipment in both peace7 time and wartime, and that were not in8 cluded on the National Highway System 

9 before the date of enactment of the MAP– 

10 21; 

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

12 the Interstate System; and 

13 ‘‘(iii) shall be designated by the Sec14 retary, in consultation with appropriate 

15 Federal agencies and the States. 

16 ‘‘(E) Major strategic highway network con17 nectors that— 

18 ‘‘(i) consist of highways that provide 

19 motor vehicle access between major mili20 tary installations and highways that are 

21 part of the strategic highway network but 

22 were not included on the National High23 way System before the date of enactment 

24 of the MAP–21; and 


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1 ‘‘(ii) shall be designated by the Sec2 retary, in consultation with appropriate 

3 Federal agencies and the States. 

4 ‘‘(3) MODIFICATIONS TO NHS.— 

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

6 make any modification, including any modifica7 tion consisting of a connector to a major inter8 modal terminal, to the National Highway Sys9 tem that is proposed by a State if the Secretary 

10 determines that the modification— 

11 ‘‘(i) meets the criteria established for 

12 the National Highway System under this 

13 title after the date of enactment of the 

14 MAP–21; and 

15 ‘‘(ii) enhances the national transpor16 tation characteristics of the National High17 way System. 

18 ‘‘(B) COOPERATION.— 

19 ‘‘(i) IN GENERAL.—In proposing a 

20 modification under this paragraph, a State 

21 shall cooperate with local and regional offi22 cials. 

23 ‘‘(ii) URBANIZED AREAS.—In an ur24 banized area, the local officials shall act 

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1 zation designated for the area under sec2 tion 134. 

3 ‘‘(c) INTERSTATE SYSTEM.— 

4 ‘‘(1) DESCRIPTION.— 

5 ‘‘(A) IN GENERAL.—The Dwight D. Eisen6 hower National System of Interstate and De7 fense Highways within the United States (in8 cluding the District of Columbia and Puerto 

9 Rico) consists of highways designed, located, 

10 and selected in accordance with this paragraph. 

11 ‘‘(B) DESIGN.— 

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), highways on the Inter14 state System shall be designed in accord15 ance with the standards of section 109(b). 

16 ‘‘(ii) EXCEPTION.—Highways on the 

17 Interstate System in Alaska and Puerto 

18 Rico shall be designed in accordance with 

19 such geometric and construction standards 

20 as are adequate for current and probable 

21 future traffic demands and the needs of 

22 the locality of the highway. 

23 ‘‘(C) LOCATION.—Highways on the Inter24 state System shall be located so as— 


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

2 practicable, the principal metropolitan 

3 areas, cities, and industrial centers; 

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

5 ‘‘(iii) to the maximum extent prac6 ticable, to connect at suitable border points 

7 with routes of continental importance in 

8 Canada and Mexico. 

9 ‘‘(D) SELECTION OF ROUTES.—To the 

10 maximum extent practicable, each route of the 

11 Interstate System shall be selected by joint ac12 tion of the State transportation departments of 

13 the State in which the route is located and the 

14 adjoining States, in cooperation with local and 

15 regional officials, and subject to the approval of 

16 the Secretary. 

17 ‘‘(2) MAXIMUM MILEAGE.—The mileage of 

18 highways on the Interstate System shall not exceed 

19 43,000 miles, exclusive of designations under para20 graph (4). 

21 ‘‘(3) MODIFICATIONS.—The Secretary may ap22 prove or require modifications to the Interstate Sys23 tem in a manner consistent with the policies and 

24 procedures established under this subsection. 

25 ‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— 


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1 ‘‘(A) ADDITIONS.—If the Secretary deter2 mines that a highway on the National Highway 

3 System meets all standards of a highway on the 

4 Interstate System and that the highway is a 

5 logical addition or connection to the Interstate 

6 System, the Secretary may, upon the affirma7 tive recommendation of the State or States in 

8 which the highway is located, designate the 

9 highway as a route on the Interstate System. 

10 ‘‘(B) DESIGNATIONS AS FUTURE INTER11 STATE SYSTEM ROUTES.— 

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

13 (ii) through (vi), if the Secretary deter14 mines that a highway on the National 

15 Highway System would be a logical addi16 tion or connection to the Interstate System 

17 and would qualify for designation as a 

18 route on the Interstate System under sub19 paragraph (A) if the highway met all 

20 standards of a highway on the Interstate 

21 System, the Secretary may, upon the af22 firmative recommendation of the State or 

23 States in which the highway is located, 

24 designate the highway as a future Inter25 state System route. 


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1 ‘‘(ii) WRITTEN AGREEMENT.—A des2 ignation under clause (i) shall be made 

3 only upon the written agreement of each 

4 State described in that clause that the 

5 highway will be constructed to meet all 

6 standards of a highway on the Interstate 

7 System by not later than the date that is 

8 25 years after the date of the agreement. 

9 ‘‘(iii) FAILURE TO COMPLETE CON10 STRUCTION.—If a State described in clause 

11 (i) has not substantially completed the con12 struction of a highway designated under 

13 this subparagraph by the date specified in 

14 clause (ii), the Secretary shall remove the 

15 designation of the highway as a future 

16 Interstate System route. 

17 ‘‘(iv) EFFECT OF REMOVAL.—Re18 moval of the designation of a highway 

19 under clause (iii) shall not preclude the 

20 Secretary from designating the highway as 

21 a route on the Interstate System under 

22 subparagraph (A) or under any other pro23 vision of law providing for addition to the 

24 Interstate System. 


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1 ‘‘(v) RETROACTIVE EFFECT.—An 

2 agreement described in clause (ii) that is 

3 entered into before August 10, 2005, shall 

4 be deemed to include the 25-year time lim5 itation described in that clause, regardless 

6 of any earlier construction completion date 

7 in the agreement. 

8 ‘‘(vi) REFERENCES.—No law, rule, 

9 regulation, map, document, or other record 

10 of the United States, or of any State or 

11 political subdivision of a State, shall refer 

12 to any highway designated as a future 

13 Interstate System route under this sub14 paragraph, and no such highway shall be 

15 signed or marked, as a highway on the 

16 Interstate System, until such time as the 

17 highway— 

18 ‘‘(I) is constructed to the geo19 metric and construction standards for 

20 the Interstate System; and 

21 ‘‘(II) has been designated as a 

22 route on the Interstate System. 

23 ‘‘(C) FINANCIAL RESPONSIBILITY.—Except 

24 as provided in this title, the designation of a 

25 highway under this paragraph shall create no 


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1 additional Federal financial responsibility with 

2 respect to the highway. 

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

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

5 subparagraph (B), the Interstate System shall 

6 not be considered to be a historic site under 

7 section 303 of title 49 or section 138 of this 

8 title, regardless of whether the Interstate Sys9 tem or portions or elements of the Interstate 

10 System are listed on, or eligible for listing on, 

11 the National Register of Historic Places. 

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

13 subparagraph (C)— 

14 ‘‘(i) the Secretary shall determine, 

15 through the administrative process estab16 lished for exempting the Interstate System 

17 from section 106 of the National Historic 

18 Preservation Act (16 U.S.C. 470f), those 

19 individual elements of the Interstate Sys20 tem that possess national or exceptional 

21 historic significance (such as a historic 

22 bridge or a highly significant engineering 

23 feature); and 

24 ‘‘(ii) those elements shall be consid25 ered to be historic sites under section 303 


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1 of title 49 or section 138 of this title, as 

2 applicable. 

3 ‘‘(C) CONSTRUCTION, MAINTENANCE, RES4 TORATION, AND REHABILITATION ACTIVITIES.— 

5 Subparagraph (B) does not prohibit a State 

6 from carrying out construction, maintenance, 

7 preservation, restoration, or rehabilitation ac8 tivities for a portion of the Interstate System 

9 referred to in subparagraph (B) upon compli10 ance with section 303 of title 49 or section 138 

11 of this title, as applicable, and section 106 of 

12 the National Historic Preservation Act (16 

13 U.S.C. 470f).’’.’’ 

14 (b) INCLUSION OF CERTAIN ROUTE SEGMENTS ON

15 INTERSTATE SYSTEM.— 

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

17 Intermodal Surface Transportation Efficiency Act of 

18 1991 (105 Stat. 2031; 109 Stat. 597; 115 Stat. 

19 872) is amended— 

20 (A) in the first sentence, by striking ‘‘and 

21 in subsections (c)(18) and (c)(20)’’ and insert22 ing ‘‘, in subsections (c)(18) and (c)(20), and in 

23 subparagraphs (A)(iii) and (B) of subsection 

24 (c)(26)’’; and 


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1 (B) in the second sentence, by striking 

2 ‘‘that the segment’’ and all that follows through 

3 the period and inserting ‘‘that the segment 

4 meets the Interstate System design standards 

5 approved by the Secretary under section 109(b) 

6 of title 23, United States Code, and is planned 

7 to connect to an existing Interstate System seg8 ment by the date that is 25 years after the date 

9 of enactment of the MAP–21.’’. 

10 (2) ROUTE DESIGNATION.—Section 

11 1105(e)(5)(C)(i) of the Intermodal Surface Trans12 portation Efficiency Act of 1991 (105 Stat. 2032; 

13 109 Stat. 598) is amended by adding at the end the 

14 following: ‘‘The routes referred to subparagraphs 

15 (A)(iii) and (B)(i) of subsection (c)(26) are des16 ignated as Interstate Route I–11.’’. 

17 (c) CONFORMING AMENDMENTS.— 

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

19 title 23, United States Code, is amended by striking 

20 the item relating to section 103 and inserting the 

21 following: 

‘‘103. National highway system.’’. 

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

23 United States Code, is amended— 


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1 (A) in subsection (a) by striking ‘‘the Fed2 eral-aid systems’’ and inserting ‘‘Federal-aid 

3 highways’’; and 

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

5 by striking ‘‘of the Federal-aid systems’’ and 

6 inserting ‘‘Federal-aid highway’’. 

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

8 United States Code, is amended in the first sentence 

9 by striking ‘‘Federal-aid system’’ and inserting 

10 ‘‘Federal-aid highway’’. 

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

12 United States Code, is amended in the subsection 

13 heading by striking ‘‘NATIONAL HIGHWAY SYSTEM’’ 

14 and inserting ‘‘NATIONAL HIGHWAY PERFORMANCE

15 PROGRAM’’. 

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

17 United States Code, is amended in the first sentence 

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

19 inserting ‘‘Federal-aid highways’’. 

20 (6) SECTION 317.—Section 317(d) of title 23, 

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

22 and inserting ‘‘highway’’. 

23 SEC. 1105. APPORTIONMENT. 

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

25 States Code, is amended to read as follows: 


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1 ‘‘§ 104. Apportionment 

2 ‘‘(a) ADMINISTRATIVE EXPENSES.— 

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

4 appropriated from the Highway Trust Fund (other 

5 than the Mass Transit Account) to be made avail6 able to the Secretary for administrative expenses of 

7 the Federal Highway Administration $480,000,000 

8 for each of fiscal years 2012 and 2013. 

9 ‘‘(2) PURPOSES.—The amounts authorized to 

10 be appropriated by this subsection shall be used— 

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

12 be funded from appropriations for the Federal13 aid highway program and programs authorized 

14 under chapter 2; 

15 ‘‘(B) to make transfers of such sums as 

16 the Secretary determines to be appropriate to 

17 the Appalachian Regional Commission for ad18 ministrative activities associated with the Appa19 lachian development highway system; and 

20 ‘‘(C) to reimburse, as appropriate, the Of21 fice of Inspector General of the Department of 

22 Transportation for the conduct of annual audits 

23 of financial statements in accordance with sec24 tion 3521 of title 31. 


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1 ‘‘(3) AVAILABILITY.—The amounts made avail2 able under paragraph (1) shall remain available until 

3 expended. 

4 ‘‘(b) DIVISION OF STATE APPORTIONMENTS AMONG

5 PROGRAMS.—The Secretary shall distribute the amount 

6 apportioned to a State for a fiscal year under subsection 

7 (c) among the national highway performance program, the 

8 transportation mobility program, the highway safety im9 provement program, the congestion mitigation and air 

10 quality improvement program, and the national freight 

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

12 ‘‘(1) NATIONAL HIGHWAY PERFORMANCE PRO13 GRAM.—For the national highway performance pro14 gram, 58 percent of the amount remaining after dis15 tributing amounts under paragraphs (4) and (6). 

16 ‘‘(2) TRANSPORTATION MOBILITY PROGRAM.— 

17 For the transportation mobility program, 29.3 per18 cent of the amount remaining after distributing 

19 amounts under paragraphs (4) and (6). 

20 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO21 GRAM.—For the highway safety improvement pro22 gram, 7 percent of the amount remaining after dis23 tributing amounts under paragraphs (4) and (6). 

24 ‘‘(4) CONGESTION MITIGATION AND AIR QUAL25 ITY IMPROVEMENT PROGRAM.—For the congestion 


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1 mitigation and air quality improvement program, an 

2 amount determined by multiplying the amount de3 termined for the State under subsection (c) by the 

4 proportion that— 

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

6 for the congestion mitigation and air quality 

7 improvement program for fiscal year 2009, plus 

8 10 percent of the amount apportioned to the 

9 State for the surface transportation program 

10 for that fiscal year; bears to 

11 ‘‘(B) the total amount of funds appor12 tioned to the State for that fiscal year for the 

13 programs referred to in section 105(a)(2) (ex14 cept for the high priority projects program re15 ferred to in section 105(a)(2)(H)), as in effect 

16 on the day before the date of enactment of the 

17 MAP–21. 

18 ‘‘(5) NATIONAL FREIGHT PROGRAM.—For the 

19 national freight program, 5.7 percent of the amount 

20 remaining after distributing amounts under para21 graphs (4) and (6). 

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

23 section 134, an amount determined by multiplying 

24 the amount determined for the State under sub25 section (c) by the proportion that— 


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

2 to carry out section 134 for fiscal year 2009; 

3 bears to 

4 ‘‘(B) the total amount of funds appor5 tioned to the State for that fiscal year for the 

6 programs referred to in section 105(a)(2) (ex7 cept for the high priority projects program re8 ferred to in section 105(a)(2)(H)), as in effect 

9 on the day before the date of enactment of the 

10 MAP–21. 

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

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

13 State of combined apportionments for the national 

14 highway performance program under section 119, 

15 the transportation mobility program under section 

16 133, the highway safety improvement program 

17 under section 148, the congestion mitigation and air 

18 quality improvement program under section 149, the 

19 national freight program under section 167, and to 

20 carry out section 134 shall be determined as follows: 

21 ‘‘(A) INITIAL AMOUNT.—The initial 

22 amount for each State shall be determined by 

23 multiplying the total amount available for ap24 portionment by the share for each State which 

25 shall be equal to the proportion that— 


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1 ‘‘(i) the amount of apportionments 

2 and allocations that the State received for 

3 fiscal years 2005 through 2009; bears to 

4 ‘‘(ii) the amount of those apportion5 ments and allocations received by all 

6 States for those fiscal years. 

7 ‘‘(B) ADJUSTMENTS TO AMOUNTS.—The 

8 initial amounts resulting from the calculation 

9 under subparagraph (A) shall be adjusted to 

10 ensure that, for each State, the amount of com11 bined apportionments for the programs shall 

12 not be less than 95 percent of the estimated tax 

13 payments attributable to highway users in the 

14 State paid into the Highway Trust Fund (other 

15 than the Mass Transit Account) in the most re16 cent fiscal year for which data are available. 

17 ‘‘(C) FURTHER ADJUSTMENT FOR

18 PRIVATIZED HIGHWAYS.— 

19 ‘‘(i) DEFINITION OF PRIVATIZED

20 HIGHWAY.—In this subparagraph: 

21 ‘‘(I) IN GENERAL.—The term 

22 ‘privatized highway’ means a highway 

23 that was formerly a publically oper24 ated toll road that is subject to an 

25 agreement giving a private entity— 


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1 ‘‘(aa) control over the oper2 ation of the highway; and 

3 ‘‘(bb) ownership over the toll 

4 revenues collected from the oper5 ation of the highway. 

6 ‘‘(II) EXCLUSION.—The term 

7 ‘privatized highway’ does not include 

8 any highway or toll road that was 

9 originally— 

10 ‘‘(aa) financed and con11 structed using private funds; and 

12 ‘‘(bb) operated by a private 

13 entity. 

14 ‘‘(ii) ADJUSTMENT.—After making 

15 the adjustments to the apportionment of a 

16 State under subparagraphs (A) and (B), 

17 the Secretary shall further adjust the 

18 amount to be apportioned to the State by 

19 reducing the apportionment by an amount 

20 equal to the product obtained by multi21 plying— 

22 ‘‘(I) the amount to be appor23 tioned to the State, as so adjusted 

24 under those subparagraphs; and 


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1 ‘‘(II) the percentage described in 

2 clause (iii). 

3 ‘‘(iii) PERCENTAGE.—The percentage 

4 referred to in clause (ii) is the percentage 

5 equal to the sum obtained by adding— 

6 ‘‘(I) the product obtained by mul7 tiplying— 

‘‘(aa) 1 8 ⁄2; and 

9 ‘‘(bb) the proportion that— 

10 ‘‘(AA) the total number 

11 of lane miles on privatized 

12 highway lanes on National 

13 Highway System routes in a 

14 State; bears to 

15 ‘‘(BB) the total number 

16 of all lane miles on National 

17 Highway System routes in 

18 the State; and 

19 ‘‘(II) the product obtained by 

20 multiplying— 

‘‘(aa) 1 21 ⁄2; and 

22 ‘‘(bb) the proportion that— 

23 ‘‘(AA) the total number 

24 of vehicle miles traveled on 

25 privatized highway lanes on 


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1 National Highway System 

2 routes in the State; bears to 

3 ‘‘(BB) the total number 

4 of vehicle miles traveled on 

5 all lanes on National High6 way System routes in the 

7 State. 

8 ‘‘(iv) REAPPORTIONMENT.—An 

9 amount withheld from apportionment to a 

10 State under clause (ii) shall be reappor11 tioned among all other States based on the 

12 proportions calculated under subparagraph 

13 (A). 

14 ‘‘(2) STATE APPORTIONMENT.—On October 1 

15 of each fiscal year, the Secretary shall apportion the 

16 sum authorized to be appropriated for expenditure 

17 on the national highway performance program under 

18 section 119, the transportation mobility program 

19 under section 133, the highway safety improvement 

20 program under section 148, the congestion mitiga21 tion and air quality improvement program under 

22 section 149, the national freight program under sec23 tion 167, and to carry out section 134 in accordance 

24 with paragraph (1). 

25 ‘‘(d) METROPOLITAN PLANNING.— 


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1 ‘‘(1) USE OF AMOUNTS.— 

2 ‘‘(A) USE.— 

3 ‘‘(i) IN GENERAL.—Except as pro4 vided in clause (ii), the amounts appor5 tioned to a State under subsection (b)(6) 

6 shall be made available by the State to the 

7 metropolitan planning organizations re8 sponsible for carrying out section 134 in 

9 the State. 

10 ‘‘(ii) STATES RECEIVING MINIMUM AP11 PORTIONMENT.—A State that received the 

12 minimum apportionment for use in car13 rying out section 134 for fiscal year 2009 

14 may, subject to the approval of the Sec15 retary, use the funds apportioned under 

16 subsection (b)(6) to fund transportation 

17 planning outside of urbanized areas. 

18 ‘‘(B) UNUSED FUNDS.—Any funds that 

19 are not used to carry out section 134 may be 

20 made available by a metropolitan planning or21 ganization to the State to fund activities under 

22 section 135. 

23 ‘‘(2) DISTRIBUTION OF AMOUNTS WITHIN

24 STATES.— 


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1 ‘‘(A) IN GENERAL.—The distribution with2 in any State of the planning funds made avail3 able to organizations under paragraph (1) shall 

4 be in accordance with a formula that— 

5 ‘‘(i) is developed by each State and 

6 approved by the Secretary; and 

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

8 minimum, population, status of planning, 

9 attainment of air quality standards, metro10 politan area transportation needs, and 

11 other factors necessary to provide for an 

12 appropriate distribution of funds to carry 

13 out section 134 and other applicable re14 quirements of Federal law. 

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

16 15 business days after the date of receipt by a 

17 State of a request for reimbursement of expend18 itures made by a metropolitan planning organi19 zation for carrying out section 134, the State 

20 shall reimburse, from amounts distributed 

21 under this paragraph to the metropolitan plan22 ning organization by the State, the metropoli23 tan planning organization for those expendi24 tures. 


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1 ‘‘(3) DETERMINATION OF POPULATION FIG2 URES.—For the purpose of determining population 

3 figures under this subsection, the Secretary shall use 

4 the latest available data from the decennial census 

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

6 States Code. 

7 ‘‘(e) CERTIFICATION OF APPORTIONMENTS.— 

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

9 ‘‘(A) on October 1 of each fiscal year, cer10 tify to each of the State transportation depart11 ments the amount that has been apportioned to 

12 the State under this section for the fiscal year; 

13 and 

14 ‘‘(B) to permit the States to develop ade15 quate plans for the use of amounts apportioned 

16 under this section, advise each State of the 

17 amount that will be apportioned to the State 

18 under this section for a fiscal year not later 

19 than 90 days before the beginning of the fiscal 

20 year for which the sums to be apportioned are 

21 authorized. 

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

23 not made an apportionment under this section for a 

24 fiscal year beginning after September 30, 1998, by 

25 not later than the date that is the twenty-first day 


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1 of that fiscal year, the Secretary shall submit, by not 

2 later than that date, to the Committee on Transpor3 tation and Infrastructure of the House of Represent4 atives and the Committee on Environment and Pub5 lic Works of the Senate, a written statement of the 

6 reason for not making the apportionment in a timely 

7 manner. 

8 ‘‘(3) APPORTIONMENT CALCULATIONS.— 

9 ‘‘(A) IN GENERAL.—The calculation of of10 ficial apportionments of funds to the States 

11 under this title is a primary responsibility of 

12 the Department and shall be carried out only 

13 by employees (and not contractors) of the De14 partment. 

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

16 HIRE CONTRACTORS.—None of the funds made 

17 available under this title shall be used to hire 

18 contractors to calculate the apportionments of 

19 funds to States. 

20 ‘‘(f) TRANSFER OF HIGHWAY AND TRANSIT

21 FUNDS.— 

22 ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR

23 TRANSIT PROJECTS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), amounts made available for transit 


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1 projects or transportation planning under this 

2 title may be transferred to and administered by 

3 the Secretary in accordance with chapter 53 of 

4 title 49. 

5 ‘‘(B) NON-FEDERAL SHARE.—The provi6 sions of this title relating to the non-Federal 

7 share shall apply to the amounts transferred 

8 under subparagraph (A). 

9 ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH10 WAY PROJECTS.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), amounts made available for highway 

13 projects or transportation planning under chap14 ter 53 of title 49 may be transferred to and ad15 ministered by the Secretary in accordance with 

16 this title. 

17 ‘‘(B) NON-FEDERAL SHARE.—The provi18 sions of chapter 53 of title 49 relating to the 

19 non-Federal share shall apply to amounts trans20 ferred under subparagraph (A). 

21 ‘‘(3) TRANSFER OF FUNDS AMONG STATES OR

22 TO FEDERAL HIGHWAY ADMINISTRATION.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), the Secretary may, at the request of 

25 a State, transfer amounts apportioned or alloVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 cated under this title to the State to another 

2 State, or to the Federal Highway Administra3 tion, for the purpose of funding 1 or more 

4 projects that are eligible for assistance with 

5 amounts so apportioned or allocated. 

6 ‘‘(B) APPORTIONMENT.—The transfer 

7 shall have no effect on any apportionment of 

8 amounts to a State under this section. 

9 ‘‘(C) FUNDS SUBALLOCATED TO URBAN10 IZED AREAS.—Amounts that are apportioned or 

11 allocated to a State under subsection (b)(3) (as 

12 in effect on the day before the date of enact13 ment of the MAP–21) or subsection (b)(2) and 

14 attributed to an urbanized area of a State with 

15 a population of more than 200,000 individuals 

16 under section 133(d) may be transferred under 

17 this paragraph only if the metropolitan plan18 ning organization designated for the area con19 curs, in writing, with the transfer request. 

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

21 Obligation authority for amounts transferred under 

22 this subsection shall be transferred in the same 

23 manner and amount as the amounts for the projects 

24 that are transferred under this section.’’ 


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

2 the Secretary shall make available to the public, in a user3 friendly format via the Internet, a report that describes— 

4 ‘‘(1) the amount obligated, by each State, for 

5 Federal-aid highways and highway safety construc6 tion programs during the preceding fiscal year; 

7 ‘‘(2) the balance, as of the last day of the pre8 ceding fiscal year, of the unobligated apportionment 

9 of each State by fiscal year under this section; 

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

11 for expenditure at the discretion of the Secretary for 

12 such highways and programs for the fiscal year; and 

13 ‘‘(4) the rates of obligation of funds appor14 tioned or set aside under this section, according to— 

15 ‘‘(A) program; 

16 ‘‘(B) funding category of subcategory; 

17 ‘‘(C) type of improvement; 

18 ‘‘(D) State; and 

19 ‘‘(E) sub-State geographical area, includ20 ing urbanized and rural areas, on the basis of 

21 the population of each such area.’’. 

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

23 title 23, United States Code, is amended by striking ‘‘sec24 tions 104(b)(l) and 104(b)(3)’’ and inserting ‘‘section 

25 104(b)(2)’’. 


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1 SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 

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

3 States Code, is amended to read as follows: 

4 ‘‘§ 119. National highway performance program 

5 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab6 lish and implement a national highway performance pro7 gram under this section. 

8 ‘‘(b) PURPOSES.—The purposes of the national high9 way performance program shall be— 

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

11 performance of the National Highway System; and 

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

13 funds in highway construction are directed to sup14 port progress toward the achievement of perform15 ance targets for infrastructure condition and per16 formance. 

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

18 subsection (d), to be eligible for funding apportioned 

19 under section 104(b)(1) to carry out this section, a facility 

20 shall be located on the National Highway System, as de21 fined in section 103. 

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

23 State to carry out the national highway performance pro24 gram may be obligated only for a project on an eligible 

25 facility that is— 


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

2 projects, supporting progress toward the achieve3 ment of national performance goals for improving 

4 infrastructure condition, safety, mobility, or freight 

5 movement on the National Highway System and 

6 consistent with sections 134 and 135; and 

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

8 ‘‘(A) Construction, reconstruction, resur9 facing, restoration, rehabilitation, preservation, 

10 or operational improvement of segments of the 

11 National Highway System. 

12 ‘‘(B) Construction, replacement (including 

13 replacement with fill material), rehabilitation, 

14 preservation, and protection (including scour 

15 countermeasures, seismic retrofits, impact pro16 tection measures, security countermeasures, 

17 and protection against extreme events) of 

18 bridges on the National Highway System. 

19 ‘‘(C) Construction, replacement (including 

20 replacement with fill material), rehabilitation, 

21 preservation, and protection (including impact 

22 protection measures, security countermeasures, 

23 and protection against extreme events) of tun24 nels on the National Highway System. 


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1 ‘‘(D) Inspection and evaluation, as de2 scribed in section 144, of bridges and tunnels 

3 on the National Highway System, and inspec4 tion and evaluation of other highway infrastruc5 ture assets on the National Highway System, 

6 including signs and sign structures, earth re7 taining walls, and drainage structures. 

8 ‘‘(E) Training of bridge and tunnel inspec9 tors, as described in section 144. 

10 ‘‘(F) Construction, rehabilitation, or re11 placement of existing ferry boats and ferry boat 

12 facilities, including approaches, that connect 

13 road segments of the National Highway Sys14 tem. 

15 ‘‘(G) Construction, reconstruction, resur16 facing, restoration, rehabilitation, and preserva17 tion of, and operational improvements for, a 

18 Federal-aid highway not on the National High19 way System, and construction of a transit 

20 project eligible for assistance under chapter 53 

21 of title 49, if— 

22 ‘‘(i) the highway project or transit 

23 project is in the same corridor as, and in 

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1 way designated as a part of the National 

2 Highway System; 

3 ‘‘(ii) the construction or improvements 

4 will reduce delays or produce travel time 

5 savings on the fully access-controlled high6 way described in clause (i) and improve re7 gional traffic flow; and 

8 ‘‘(iii) the construction or improve9 ments are more cost-effective, as deter10 mined by benefit-cost analysis, than an im11 provement to the fully access-controlled 

12 highway described in clause (i). 

13 ‘‘(H) Bicycle transportation and pedestrian 

14 walkways in accordance with section 217. 

15 ‘‘(I) Highway safety improvements for seg16 ments of the National Highway System. 

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

18 and traveler information monitoring, manage19 ment, and control facilities and programs. 

20 ‘‘(K) Development and implementation of 

21 a State asset management plan for the National 

22 Highway System in accordance with this sec23 tion, including data collection, maintenance, 

24 and integration and the cost associated with ob25 taining, updating, and licensing software and 


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1 equipment required for risk-based asset man2 agement and performance-based management. 

3 ‘‘(L) Infrastructure-based intelligent trans4 portation systems capital improvements. 

5 ‘‘(M) Environmental restoration and pollu6 tion abatement in accordance with section 328. 

7 ‘‘(N) Control of noxious weeds and aquatic 

8 noxious weeds and establishment of native spe9 cies in accordance with section 329. 

10 ‘‘(O) In accordance with all applicable 

11 Federal law (including regulations), participa12 tion in natural habitat and wetlands mitigation 

13 efforts relating to projects funded under this 

14 title, which may include participation in natural 

15 habitat and wetlands mitigation banks, con16 tributions to statewide and regional efforts to 

17 conserve, restore, enhance, and create natural 

18 habitats and wetlands, and development of 

19 statewide and regional natural habitat and wet20 lands conservation and mitigation plans, includ21 ing any such banks, efforts, and plans devel22 oped in accordance with applicable Federal law 

23 (including regulations), on the conditions 

24 that— 


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1 ‘‘(i) contributions to those mitigation 

2 efforts may— 

3 ‘‘(I) take place concurrent with 

4 or in advance of project construction; 

5 and 

6 ‘‘(II) occur in advance of project 

7 construction only if the efforts are 

8 consistent with all applicable require9 ments of Federal law (including regu10 lations) and State transportation 

11 planning processes; and 

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

13 natural habitat or wetland mitigation ef14 fort relating to a project funded under this 

15 title that has an impact that occurs within 

16 the service area of a mitigation bank, pref17 erence is given, to the maximum extent 

18 practicable, to the use of the mitigation 

19 bank if the bank contains sufficient avail20 able credits to offset the impact and the 

21 bank is approved in accordance with appli22 cable Federal law (including regulations). 

23 ‘‘(P) Replacement (including replacement 

24 with fill material), rehabilitation, preservation, 

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1 measures, seismic retrofits, impact protection 

2 measures, security countermeasures, and pro3 tection against extreme events) of bridges on 

4 Federal-aid highways (other than on the Na5 tional Highway System). 

6 ‘‘(e) LIMITATION ON NEW CAPACITY.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), the maximum amount that a State may 

9 obligate under this section for projects under sub10 paragraphs (G) and (P) of subsection (d)(2) and 

11 that is attributable to the portion of the cost of any 

12 project undertaken to expand the capacity of eligible 

13 facilities on the National Highway System, in a case 

14 in which the new capacity consists of 1 or more new 

15 travel lanes that are not high-occupancy vehicle 

16 lanes, shall not, in total, exceed 40 percent of the 

17 combined apportionments of a State under section 

18 104(b)(1) for the most recent 3 consecutive years. 

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

20 apply to a project for the construction of auxiliary 

21 lanes and turning lanes or widening of a bridge dur22 ing rehabilitation or replacement to meet current 

23 geometric, construction, and structural standards for 

24 the types and volumes of projected traffic over the 

25 design life of the project. 


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1 ‘‘(f) STATE PERFORMANCE MANAGEMENT.— 

2 ‘‘(1) IN GENERAL.—A State shall develop a 

3 risk-based asset management plan for the National 

4 Highway System to improve or preserve asset condi5 tion and system performance. 

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

7 asset management plan shall include strategies lead8 ing to a program of projects that would make 

9 progress toward achievement of the State targets for 

10 asset condition and performance of the National 

11 Highway System in accordance with paragraph (5) 

12 and supporting the progress toward the achievement 

13 of the national goals identified in section 150. 

14 ‘‘(3) PLAN CONTENTS.—A State asset manage15 ment plan shall, at a minimum, be in a form that 

16 the Secretary determines to be appropriate and in17 clude— 

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

19 and bridge assets on the National Highway 

20 System in the State, including a description of 

21 the condition of those assets; 

22 ‘‘(B) asset management objectives and 

23 measures; 

24 ‘‘(C) performance gap identification; 


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1 ‘‘(D) lifecycle cost and risk management 

2 analysis; 

3 ‘‘(E) a financial plan; and 

4 ‘‘(F) investment strategies. 

5 ‘‘(4) STANDARDS AND MEASURES.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), not later than 18 months after the 

8 date of enactment of the MAP–21, the Sec9 retary shall, in consultation with State depart10 ments of transportation and other stakeholders, 

11 establish— 

12 ‘‘(i) minimum standards for States to 

13 use in developing and operating pavement 

14 management systems and bridge manage15 ment systems; 

16 ‘‘(ii) measures for States to use to as17 sess— 

18 ‘‘(I) the condition of pavements 

19 on the Interstate system; 

20 ‘‘(II) the condition of pavements 

21 on the National Highway System (ex22 cluding the Interstate); 

23 ‘‘(III) the condition of bridges on 

24 the National Highway System; 


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1 ‘‘(IV) the performance of the 

2 Interstate System; and 

3 ‘‘(V) the performance of the Na4 tional Highway System (excluding the 

5 Interstate System); 

6 ‘‘(iii) the data elements that are nec7 essary to collect and maintain data, and a 

8 standardized process for collection and 

9 sharing of data with appropriate govern10 mental entities at the Federal, State, and 

11 local levels (including metropolitan plan12 ning organizations), to carry out para13 graph (5); and 

14 ‘‘(iv) minimum levels for— 

15 ‘‘(I) the condition of pavement on 

16 the Interstate System; and 

17 ‘‘(II) the condition of bridges on 

18 the National Highway System. 

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

20 out subparagraph (A), the Secretary shall— 

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

22 days to comment on any regulation pro23 posed by the Secretary under that sub24 paragraph; and 


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1 ‘‘(ii) take into consideration any com2 ments of the States relating to a proposed 

3 regulation received during that comment 

4 period. 

5 ‘‘(5) STATE PERFORMANCE TARGETS.— 

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

7 later than 1 year after the date on which the 

8 Secretary promulgates final regulations under 

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

10 metropolitan planning organizations, shall es11 tablish targets that address each of the per12 formance measures identified in paragraph 

13 (4)(A)(ii). 

14 ‘‘(B) PERIODIC UPDATES.—Each State 

15 shall periodically update the targets established 

16 under subparagraph (A). 

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

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

19 State shall have in effect— 

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

21 for the National Highway System in accordance 

22 with this section, developed through a process 

23 defined and approved by the Secretary; and 


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1 ‘‘(B) State targets that address the per2 formance measures identified in paragraph 

3 (4)(B). 

4 ‘‘(7) CERTIFICATION OF PLAN DEVELOPMENT

5 PROCESS.— 

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

7 days after the date on which a State submits a 

8 request for approval of the process used by the 

9 State to develop the State asset management 

10 plan for the National Highway System, the Sec11 retary shall— 

12 ‘‘(i) review the process; and 

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

14 the requirements established by the Sec15 retary; or 

16 ‘‘(II) deny certification and specify ac17 tions necessary for the State to take to 

18 correct deficiencies in the State process. 

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

20 than every 4 years, the Secretary shall review 

21 and recertify that the process used by a State 

22 to develop and maintain the State asset man23 agement plan for the National Highway System 

24 meets the requirements for the process, as es25 tablished by the Secretary. 


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1 ‘‘(C) OPPORTUNITY TO CURE.—If the Sec2 retary denies certification under subparagraph 

3 (A), the Secretary shall provide the State 

4 with— 

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

6 deficiencies of the plan, during which time 

7 period all penalties and other legal impacts 

8 of a denial of certification shall be stayed; 

9 and 

10 ‘‘(ii) a written statement of the spe11 cific actions the Secretary determines to be 

12 necessary for the State to cure the plan. 

13 ‘‘(8) PERFORMANCE REPORTS.— 

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

15 after the date of enactment of the MAP–21 and 

16 biennially thereafter, a State shall submit to the 

17 Secretary a report that describes— 

18 ‘‘(i) the condition and performance of 

19 the National Highway System in the State; 

20 ‘‘(ii) progress in achieving State tar21 gets for each of the performance measures 

22 for the National Highway System; and 

23 ‘‘(iii) the effectiveness of the invest24 ment strategy documented in the State 


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1 asset management plan for the National 

2 Highway System. 

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

4 State that does not achieve or make significant 

5 progress toward achieving the targets of the 

6 State for performance measures described in 

7 subparagraph (A)(ii) for 2 consecutive reports 

8 submitted under this paragraph shall include in 

9 the next report submitted a description of the 

10 actions the State will undertake to achieve the 

11 targets. 

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

13 after the date of enactment of the MAP–21, the Sec14 retary shall, by regulation and in consultation with 

15 State departments of transportation, establish the 

16 process to develop the State asset management plan 

17 described in paragraph (1) and establish the stand18 ards and measures described in paragraph (4). 

19 ‘‘(g) INTERSTATE SYSTEM AND NHS BRIDGE CON20 DITIONS.— 

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

22 ‘‘(A) PENALTY.—If, during 2 consecutive 

23 reporting periods, the condition of the Inter24 state System, excluding bridges on the Inter25 state System, in a State falls below the minVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 imum condition level established by the Sec2 retary under subsection (f)(4)(A)(iv), the State 

3 shall be required, during the following fiscal 

4 year— 

5 ‘‘(i) to obligate, from the amounts ap6 portioned to the State under section 

7 104(b)(1), an amount that is not less than 

8 the amount of funds apportioned to the 

9 State for fiscal year 2009 under the Inter10 state maintenance program for the pur11 poses described in this section (as in effect 

12 on the day before the date of enactment of 

13 the MAP–21), except that for each year 

14 after fiscal year 2013, the amount required 

15 to be obligated under this clause shall be 

16 increased by 2 percent over the amount re17 quired to be obligated in the previous fiscal 

18 year; and 

19 ‘‘(ii) to transfer, from the amounts 

20 apportioned to the State under section 

21 104(b)(2) (other than amounts suballo22 cated to metropolitan areas and other 

23 areas of the State under section 133(d)) to 

24 the apportionment of the State under sec25 tion 104(b)(1), an amount equal to 10 perVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 cent of the amount of funds apportioned to 

2 the State for fiscal year 2009 under the 

3 Interstate maintenance program for the 

4 purposes described in this section (as in ef5 fect on the day before the date of enact6 ment of the MAP–21). 

7 ‘‘(B) RESTORATION.—The obligation re8 quirement for the Interstate System in a State 

9 required by subparagraph (A) for a fiscal year 

10 shall remain in effect for each subsequent fiscal 

11 year until such time as the condition of the 

12 Interstate System in the State exceeds the min13 imum condition level established by the Sec14 retary under subsection (f)(4)(A)(iv). 

15 ‘‘(2) CONDITION OF NHS BRIDGES.— 

16 ‘‘(A) PENALTY.—If, during 2 consecutive 

17 reporting periods, the condition of bridges on 

18 the National Highway System in a State falls 

19 below the minimum condition level established 

20 by the Secretary under subsection (f)(4)(A)(iv), 

21 the State shall be required, during the following 

22 fiscal year— 

23 ‘‘(i) to obligate, from the amounts ap24 portioned to the State under section 

25 104(b)(1), an amount for bridges on the 


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1 National Highway System that is not less 

2 than 50 percent of the amount of funds 

3 apportioned to the State for fiscal year 

4 2009 under the highway bridge program 

5 for the purposes described in section 144 

6 (as in effect on the day before the date of 

7 enactment of the MAP–21), except that for 

8 each year after fiscal year 2013, the 

9 amount required to be obligated under this 

10 clause shall be increased by 2 percent over 

11 the amount required to be obligated in the 

12 previous fiscal year; and 

13 ‘‘(ii) to transfer, from the amounts 

14 apportioned to the State under section 

15 104(b)(2) (other than amounts suballo16 cated to metropolitan areas and other 

17 areas of the State under section 133(d)) to 

18 the apportionment of the State under sec19 tion 104(b)(1), an amount equal to 10 per20 cent of the amount of funds apportioned to 

21 the State for fiscal year 2009 under the 

22 highway bridge program for the purposes 

23 described in section 144 (as in effect on 

24 the day before the date of enactment of the 

25 MAP–21). 


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1 ‘‘(B) RESTORATION.—The obligation re2 quirement for bridges on the National Highway 

3 System in a State required by subparagraph 

4 (A) for a fiscal year shall remain in effect for 

5 each subsequent fiscal year until such time as 

6 the condition of bridges on the National High7 way System in the State exceeds the minimum 

8 condition level established by the Secretary 

9 under subsection (f)(4)(A)(iv).’’. 

10 (b) TRANSITION PERIOD.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), until such date as a State has in effect 

13 an approved asset management plan and has estab14 lished performance targets as described in section 

15 119 of title 23, United States Code, that will con16 tribute to achieving the national goals for the condi17 tion and performance of the National Highway Sys18 tem, but not later than 18 months after the date on 

19 which the Secretary promulgates final regulations 

20 required under section 119(f)(4) of that title, the 

21 Secretary shall approve obligations of funds appor22 tioned to a State to carry out the national highway 

23 performance program under section 119 of that title, 

24 for projects that otherwise meet the requirements of 

25 that section. 


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1 (2) EXTENSION.—The Secretary may extend 

2 the transition period for a State under paragraph 

3 (1) if the Secretary determines that the State has 

4 made a good faith effort to establish an asset man5 agement plan and performance targets referred to in 

6 that paragraph. 

7 (c) CONFORMING AMENDMENT.—The analysis for 

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

9 striking the item relating to section 119 and inserting the 

10 following: 

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

11 SEC. 1107. EMERGENCY RELIEF. 

12 Section 125 of title 23, United States Code, is 

13 amended to read as follows: 

14 ‘‘§ 125. Emergency relief 

15 ‘‘(a) IN GENERAL.—Subject to this section and sec16 tion 120, an emergency fund is authorized for expenditure 

17 by the Secretary for the repair or reconstruction of high18 ways, roads, and trails, in any area of the United States, 

19 including Indian reservations, that the Secretary finds 

20 have suffered serious damage as a result of— 

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

22 as by a flood, hurricane, tidal wave, earthquake, se23 vere storm, or landslide; or 

24 ‘‘(2) catastrophic failure from any external 

25 cause. 


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1 ‘‘(b) RESTRICTION ON ELIGIBILITY.— 

2 ‘‘(1) DEFINITION OF CONSTRUCTION PHASE.— 

3 In this subsection, the term ‘construction phase’ 

4 means the phase of physical construction of a high5 way or bridge facility that is separate from any 

6 other identified phases, such as planning, design, or 

7 right-of-way phases, in the State transportation im8 provement program. 

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

10 used under this section for the repair or reconstruc11 tion of a bridge— 

12 ‘‘(A) that has been permanently closed to 

13 all vehicular traffic by the State or responsible 

14 local official because of imminent danger of col15 lapse due to a structural deficiency or physical 

16 deterioration; or 

17 ‘‘(B) if a construction phase of a replace18 ment structure is included in the approved 

19 Statewide transportation improvement program 

20 at the time of an event described in subsection 

21 (a). 

22 ‘‘(c) FUNDING.— 

23 ‘‘(1) IN GENERAL.—Subject to the limitations 

24 described in paragraph (2), there are authorized to 

25 be appropriated from the Highway Trust Fund 


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1 (other than the Mass Transit Account) such sums as 

2 are necessary to establish the fund authorized by 

3 this section and to replenish that fund on an annual 

4 basis. 

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

6 in paragraph (1) are that— 

7 ‘‘(A) not more than $100,000,000 is au8 thorized to be obligated in any 1 fiscal year 

9 commencing after September 30, 1980, to carry 

10 out this section, except that, if for any fiscal 

11 year the total of all obligations under this sec12 tion is less than the amount authorized to be 

13 obligated for the fiscal year, the unobligated 

14 balance of that amount shall— 

15 ‘‘(i) remain available until expended; 

16 and 

17 ‘‘(ii) be in addition to amounts other18 wise available to carry out this section for 

19 each year; and 

20 ‘‘(B)(i) pending such appropriation or re21 plenishment, the Secretary may obligate from 

22 any funds appropriated at any time for obliga23 tion in accordance with this title, including ex24 isting Federal-aid appropriations, such sums as 


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1 are necessary for the immediate prosecution of 

2 the work herein authorized; and 

3 ‘‘(ii) funds obligated under this subpara4 graph shall be reimbursed from the appropria5 tion or replenishment. 

6 ‘‘(d) ELIGIBILITY.— 

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

8 funds from the emergency fund authorized by this 

9 section only for the repair or reconstruction of high10 ways on Federal-aid highways in accordance with 

11 this chapter, except that— 

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

13 an emergency has been declared by the Gov14 ernor of the State with concurrence by the Sec15 retary, unless the President has declared the 

16 emergency to be a major disaster for the pur17 poses of the Robert T. Stafford Disaster Relief 

18 and Emergency Assistance Act (42 U.S.C. 5121 

19 et seq.) for which concurrence of the Secretary 

20 is not required; and 

21 ‘‘(B) the Secretary has received an applica22 tion from the State transportation department 

23 that includes a comprehensive list of all eligible 

24 project sites and repair costs by not later than 


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1 2 years after the natural disaster or cata2 strophic failure. 

3 ‘‘(2) COST LIMITATION.— 

4 ‘‘(A) DEFINITION OF COMPARABLE FACIL5 ITY.—In this paragraph, the term ‘comparable 

6 facility’ means a facility that meets the current 

7 geometric and construction standards required 

8 for a facility of comparable capacity and char9 acter to the destroyed facility, except a bridge 

10 facility which may be constructed for the type 

11 and volume of traffic that the bridge will carry 

12 over its design life. 

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

14 project funded under this section may not ex15 ceed the cost of repair or reconstruction of a 

16 comparable facility. 

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

18 projects under this section for any fiscal year in the 

19 Virgin Islands, Guam, American Samoa, and the 

20 Commonwealth of the Northern Mariana Islands 

21 shall not exceed $20,000,000. 

22 ‘‘(4) SUBSTITUTE TRAFFIC.—Notwithstanding 

23 any other provision of this section, actual and nec24 essary costs of maintenance and operation of ferry25 boats or additional transit service providing temVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 porary substitute highway traffic service, less the 

2 amount of fares charged for comparable service, may 

3 be expended from the emergency fund authorized by 

4 this section for Federal-aid highways. 

5 ‘‘(e) TRIBAL TRANSPORTATION FACILITIES, FED6 ERAL LANDS TRANSPORTATION FACILITIES, AND PUBLIC

7 ROADS ON FEDERAL LANDS.— 

8 ‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAV9 EL.—In this subsection, the term ‘open to public 

10 travel’ means, with respect to a road, that, except 

11 during scheduled periods, extreme weather condi12 tions, or emergencies, the road is open to the general 

13 public for use with a standard passenger vehicle, 

14 without restrictive gates or prohibitive signs or regu15 lations, other than for general traffic control or re16 strictions based on size, weight, or class of registra17 tion. 

18 ‘‘(2) EXPENDITURE OF FUNDS.—Notwith19 standing subsection (d)(1), the Secretary may ex20 pend funds from the emergency fund authorized by 

21 this section, independently or in cooperation with 

22 any other branch of the Federal Government, a 

23 State agency, a tribal government, an organization, 

24 or a person, for the repair or reconstruction of tribal 

25 transportation facilities, Federal lands transporVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 tation facilities, and other federally owned roads that 

2 are open to public travel, whether or not those facili3 ties are Federal-aid highways. 

4 ‘‘(3) REIMBURSEMENT.— 

5 ‘‘(A) IN GENERAL.—The Secretary may re6 imburse Federal and State agencies (including 

7 political subdivisions) for expenditures made for 

8 projects determined eligible under this section, 

9 including expenditures for emergency repairs 

10 made before a determination of eligibility. 

11 ‘‘(B) TRANSFERS.—With respect to reim12 bursements described in subparagraph (A)— 

13 ‘‘(i) those reimbursements to Federal 

14 agencies and Indian tribal governments 

15 shall be transferred to the account from 

16 which the expenditure was made, or to a 

17 similar account that remains available for 

18 obligation; and 

19 ‘‘(ii) the budget authority associated 

20 with the expenditure shall be restored to 

21 the agency from which the authority was 

22 derived and shall be available for obligation 

23 until the end of the fiscal year following 

24 the year in which the transfer occurs. 


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

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

3 and the Commonwealth of the Northern Mariana Islands 

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

5 States, and the chief executive officer of each such terri6 tory shall be considered to be a Governor of a State. 

7 ‘‘(g) PROTECTING PUBLIC SAFETY AND MAINTAIN8 ING ROADWAYS.—The Secretary may use amounts from 

9 the emergency fund authorized by this section to carry out 

10 projects that the Secretary determines are necessary to 

11 protect public safety or to maintain or protect roadways 

12 that have been included within the scope of a prior emer13 gency declaration in order to maintain the continuation 

14 of roadway services on roads that are threatened by con15 tinuous or frequent flooding.’’. 

16 SEC. 1108. TRANSPORTATION MOBILITY PROGRAM. 

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

18 States Code, is amended to read as follows: 

19 ‘‘§ 133. Transportation mobility program 

20 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab21 lish and implement a transportation mobility program 

22 under this section. 

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

24 mobility program shall be to assist States and localities 


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1 in improving the conditions and performance on Federal2 aid highways and on bridges on any public road. 

3 ‘‘(c) ELIGIBLE PROJECTS.—Funds apportioned 

4 under section 104(b)(2) to carry out the transportation 

5 mobility program may be obligated for any of following 

6 purposes: 

7 ‘‘(1) Construction, reconstruction, rehabilita8 tion, resurfacing, restoration, preservation, or oper9 ational improvements for highways, including con10 struction of designated routes of the Appalachian de11 velopment highway system and local access roads 

12 under section 14501 of title 40, United States Code. 

13 ‘‘(2) Replacement (including replacement with 

14 fill material), rehabilitation, preservation, protection 

15 (including painting, scour countermeasures, seismic 

16 retrofits, impact protection measures, security coun17 termeasures, and protection against extreme events) 

18 and application of calcium magnesium acetate, so19 dium acetate/formate, or other environmentally ac20 ceptable, minimally corrosive anti-icing and deicing 

21 compositions for bridges (and approaches to bridges 

22 and other elevated structures) and tunnels on public 

23 roads of all functional classifications, including any 

24 such construction or reconstruction necessary to ac25 commodate other transportation modes. 


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

2 a new location on a highway, including any such 

3 construction necessary to accommodate other trans4 portation modes. 

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

6 meaning of section 144) of bridges and tunnels on 

7 public roads of all functional classifications and in8 spection and evaluation of other highway infrastruc9 ture assets, including signs and sign structures, re10 taining walls, and drainage structures. 

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

12 (within the meaning of section 144). 

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

14 for assistance under chapter 53 of title 49, including 

15 vehicles and facilities, whether publicly or privately 

16 owned, that are used to provide intercity passenger 

17 service by bus. 

18 ‘‘(7) Carpool projects, fringe and corridor park19 ing facilities and programs, including electric vehicle 

20 infrastructure in accordance with section 137, bicy21 cle transportation and pedestrian walkways in ac22 cordance with section 217, and the modification of 

23 public sidewalks to comply with the Americans with 

24 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). 


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1 ‘‘(8) Highway and transit safety infrastructure 

2 improvements and programs, installation of safety 

3 barriers and nets on bridges, hazard eliminations, 

4 projects to mitigate hazards caused by wildlife, and 

5 railway-highway grade crossings. 

6 ‘‘(9) Highway and transit research and develop7 ment and technology transfer programs. 

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

9 and traveler information monitoring, management, 

10 and control facilities and programs, including truck 

11 stop electrification systems. 

12 ‘‘(11) Projects and strategies designed to sup13 port congestion pricing, including electronic toll col14 lection and travel demand management strategies 

15 and programs. 

16 ‘‘(12) Surface transportation planning. 

17 ‘‘(13) Transportation enhancement activities. 

18 ‘‘(14) Recreational trails projects eligible for 

19 funding under section 206. 

20 ‘‘(15) Construction of ferry boats and ferry ter21 minal facilities eligible for funding under section 

22 129(c). 

23 ‘‘(16) Border infrastructure projects eligible for 

24 funding under section 1303 of the SAFETEA–LU 

25 (Public Law 109–59). 


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1 ‘‘(17) Projects, programs, and technical assist2 ance associated with National Scenic Byways, All3 American Roads, and America’s Byways eligible for 

4 funding under section 162. 

5 ‘‘(18) Truck parking facilities eligible for fund6 ing under section 1401 of the MAP–21. 

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

8 funding under section 1404 of the SAFETEA–LU 

9 (23 U.S.C. 402 note; Public Law 109–59). 

10 ‘‘(20) Transportation control measures de11 scribed in section 108(f)(1)(A) of the Clean Air Act 

12 (42 U.S.C. 7408(f)(1)(A)), other than section 

13 108(f)(1)(A)(xvi) of that Act. 

14 ‘‘(21) Development and implementation of a 

15 State asset management plan for the National High16 way System in accordance with section 119, includ17 ing data collection, maintenance, and integration 

18 and the costs associated with obtaining, updating, 

19 and licensing software and equipment required for 

20 risk-based asset management and performance-based 

21 management, and for similar activities relating to 

22 the development and implementation of a perform23 ance-based management program for other public 

24 roads. 


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

2 law (including regulations), participation in natural 

3 habitat and wetlands mitigation efforts relating to 

4 projects funded under this title, which may include 

5 participation in natural habitat and wetlands mitiga6 tion banks, contributions to statewide and regional 

7 efforts to conserve, restore, enhance, and create nat8 ural habitats and wetlands, and development of 

9 statewide and regional natural habitat and wetlands 

10 conservation and mitigation plans, including any 

11 such banks, efforts, and plans developed in accord12 ance with applicable Federal law (including regula13 tions), on the conditions that— 

14 ‘‘(A) contributions to those mitigation ef15 forts may— 

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

17 advance of project construction; and 

18 ‘‘(ii) occur in advance of project con19 struction only if the efforts are consistent 

20 with all applicable requirements of Federal 

21 law (including regulations) and State 

22 transportation planning processes; and 

23 ‘‘(B) with respect to participation in a nat24 ural habitat or wetland mitigation effort relat25 ing to a project funded under this title that has 


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1 an impact that occurs within the service area of 

2 a mitigation bank, preference is given, to the 

3 maximum extent practicable, to the use of the 

4 mitigation bank if the bank contains sufficient 

5 available credits to offset the impact and the 

6 bank is approved in accordance with applicable 

7 Federal law (including regulations). 

8 ‘‘(23) Infrastructure-based intelligent transpor9 tation systems capital improvements. 

10 ‘‘(24) Environmental restoration and pollution 

11 abatement in accordance with section 328. 

12 ‘‘(25) Control of noxious weeds and aquatic 

13 noxious weeds and establishment of native species in 

14 accordance with section 329. 

15 ‘‘(26) Improvements to a freight railroad, ma16 rine highway, or intermodal facility, but only to the 

17 extent that the Secretary concurs with the State 

18 that— 

19 ‘‘(A) the project will make significant im20 provement to freight movements on the national 

21 freight network; 

22 ‘‘(B) the public benefit of the project ex23 ceeds the Federal investment; and 

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

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1 mary freight network, except that a State may 

2 not obligate in excess of 5 percent of funds ap3 portioned to the State under section 104(b)(2) 

4 to carry out this section for that purpose. 

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

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

7 and roads on tribal land— 

8 ‘‘(A) that are located within 10 miles of 

9 the international border between the United 

10 States and Canada or Mexico; and 

11 ‘‘(B) on which federally owned vehicles 

12 comprise more than 50 percent of the traffic. 

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

14 restoration, rehabilitation, and preservation of, and 

15 operational improvements for, any public road if— 

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

17 project to be carried out with respect to the 

18 public road, are in the same corridor as, and in 

19 proximity to— 

20 ‘‘(i) a fully access-controlled highway 

21 designated as a part of the National High22 way System; or 

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

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1 ignated as part of the National Highway 

2 System; 

3 ‘‘(B) the construction or improvements will 

4 enhance the level of service on the highway de5 scribed in subparagraph (A) and improve re6 gional traffic flow; and 

7 ‘‘(C) the construction or improvements are 

8 more cost-effective, as determined by benefit9 cost analysis, than an improvement to the high10 way described in subparagraph (A). 

11 ‘‘(d) ALLOCATIONS OF APPORTIONED FUNDS TO

12 AREAS BASED ON POPULATION.— 

13 ‘‘(1) CALCULATION.—Of the funds apportioned 

14 to a State under section 104(b)(2)— 

15 ‘‘(A) 50 percent for a fiscal year shall be 

16 obligated under this section, in proportion to 

17 their relative shares of the population of the 

18 State— 

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

20 with an urbanized area population of over 

21 200,000; 

22 ‘‘(ii) in areas of the State other than 

23 urban areas with a population greater than 

24 5,000; and 

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


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

2 area of the State. 

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

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

5 be obligated in the metropolitan area established 

6 under section 134 that encompasses the urbanized 

7 area. 

8 ‘‘(3) DISTRIBUTION AMONG URBANIZED AREAS

9 OF OVER 200,000 POPULATION.— 

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

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

12 State is required to obligate under paragraph 

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

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

15 relative population of the areas. 

16 ‘‘(B) OTHER FACTORS.—The State may 

17 obligate the funds described in subparagraph 

18 (A) based on other factors if the State and the 

19 relevant metropolitan planning organizations 

20 jointly apply to the Secretary for the permission 

21 to base the obligation on other factors and the 

22 Secretary grants the request. 

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

24 in subsection (g) and for projects described in paragraphs 

25 (2), (4), (7), (8), (13), (14), and (19) of subsection (c), 


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1 for local access roads under section 14501 of title 40, 

2 United States Code, transportation mobility program 

3 projects may not be undertaken on roads functionally clas4 sified as local or rural minor collectors. 

5 ‘‘(f) APPLICABILITY OF PLANNING REQUIRE6 MENTS.—Programming and expenditure of funds for 

7 projects under this section shall be consistent with sections 

8 134 and 135. 

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

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

11 The term ‘off-system bridge’ means a highway 

12 bridge located on a public road, other than a bridge 

13 on a Federal-aid highway. 

14 ‘‘(2) SPECIAL RULE.— 

15 ‘‘(A) SET-ASIDE.—Of the amounts appor16 tioned to a State for fiscal year 2012 and each 

17 fiscal year thereafter under this section, the 

18 State shall obligate for activities described in 

19 subsection (c)(2) for off-system bridges an 

20 amount that is not less than 15 percent of the 

21 amount of funds apportioned to the State for 

22 the highway bridge program for fiscal year 

23 2009. 

24 ‘‘(B) REDUCTION OF EXPENDITURES.— 

25 The Secretary, after consultation with State 


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1 and local officials, may reduce the requirement 

2 for expenditures for off-system bridges under 

3 subparagraph (A) with respect to the State if 

4 the Secretary determines that the State has in5 adequate needs to justify the expenditure. 

6 ‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL7 AID HIGHWAYS.—Notwithstanding any other provi8 sion of law, with respect to any project not on a 

9 Federal-aid highway for the replacement of a bridge 

10 or rehabilitation of a bridge that is wholly funded 

11 from State and local sources, is eligible for Federal 

12 funds under this section, is noncontroversial, is cer13 tified by the State to have been carried out in ac14 cordance with all standards applicable to such 

15 projects under this section, and is determined by the 

16 Secretary upon completion to be no longer a defi17 cient bridge— 

18 ‘‘(A) any amount expended after the date 

19 of enactment of this subsection from State and 

20 local sources for the project in excess of 20 per21 cent of the cost of construction of the project 

22 may be credited to the non-Federal share of the 

23 cost of other bridge projects in the State that 

24 are eligible for Federal funds under this sec25 tion; and 


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1 ‘‘(B) that crediting shall be conducted in 

2 accordance with procedures established by the 

3 Secretary.’’ 

4 ‘‘(h) ADMINISTRATION.— 

5 ‘‘(1) SUBMISSION OF PROJECT AGREEMENT.— 

6 For each fiscal year, each State shall submit a 

7 project agreement that— 

8 ‘‘(A) certifies that the State will meet all 

9 the requirements of this section; and 

10 ‘‘(B) notifies the Secretary of the amount 

11 of obligations needed to carry out the program 

12 under this section. 

13 ‘‘(2) REQUEST FOR ADJUSTMENTS OF

14 AMOUNTS.—Each State shall request from the Sec15 retary such adjustments to the amount of obliga16 tions referred to in paragraph (1)(B) as the State 

17 determines to be necessary. 

18 ‘‘(3) EFFECT OF APPROVAL BY THE SEC19 RETARY.—Approval by the Secretary of a project 

20 agreement under paragraph (1) shall be deemed a 

21 contractual obligation of the United States to pay 

22 transportation mobility program funds made avail23 able under this title. 

24 ‘‘(i) OBLIGATION AUTHORITY.— 


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1 ‘‘(1) IN GENERAL.—A State that is required to 

2 obligate, in an urbanized area with an urbanized 

3 area population of over 200,000 individuals under 

4 subsection (d), funds apportioned to the State under 

5 section 104(b)(2) shall make available during the 

6 fiscal year an amount of obligation authority distrib7 uted to the State for Federal-aid highways and high8 way safety construction programs for use in the area 

9 that is equal to the product obtained by multi10 plying— 

11 ‘‘(A) the aggregate amount of funds that 

12 the State is required to obligate in the area 

13 under subsection (d) during the period; and 

14 ‘‘(B) the ratio that— 

15 ‘‘(i) the aggregate amount of obliga16 tion authority distributed to the State for 

17 Federal-aid highways and highway safety 

18 construction programs during the period; 

19 bears to 

20 ‘‘(ii) the total of the sums apportioned 

21 to the State for Federal-aid highways and 

22 highway safety construction programs (ex23 cluding sums not subject to an obligation 

24 limitation) during the period. 


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1 ‘‘(2) JOINT RESPONSIBILITY.—Each State, 

2 each affected metropolitan planning organization, 

3 and the Secretary shall jointly ensure compliance 

4 with paragraph (1).’’. 

5 (b) CONFORMING AMENDMENT.—The analysis for 

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

7 striking the item relating to section 133 and inserting the 

8 following: 

‘‘133. Transportation mobility program.’’. 

9 SEC. 1109. WORKFORCE DEVELOPMENT. 

10 (a) ON-THE-JOB TRAINING.—Section 140(b) of title 

11 23, United States Code, is amended— 

12 (1) by striking ‘‘Whenever apportionments are 

13 made under section 104(b)(3),’’ and inserting 

14 ‘‘From administrative funds made available under 

15 section 104(a),’’; and 

16 (2) by striking ‘‘the surface transportation pro17 gram under section 104(b) and the bridge program 

18 under section 144’’ and inserting ‘‘the transpor19 tation mobility program under section 104(b)’’. 

20 (b) DISADVANTAGED BUSINESS ENTERPRISE.—Sec21 tion 140(c) of title 23, United States Code, is amended 

22 by striking ‘‘Whenever apportionments are made under 

23 section 104(b)(3),’’ and inserting ‘‘From administrative 

24 funds made available under section 104(a),’’. 


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1 SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS. 

2 Section 143 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (b)— 

5 (A) by striking paragraph (2) and insert6 ing the following: 

7 ‘‘(2) FUNDING.— 

8 ‘‘(A) IN GENERAL.—From administrative 

9 funds made available under section 104(a), the 

10 Secretary shall deduct such sums as are nec11 essary, not to exceed $10,000,000 for each of 

12 fiscal years 2012 and 2013, to carry out this 

13 section. 

14 ‘‘(B) ALLOCATION OF FUNDS.—Funds 

15 made available to carry out this section may be 

16 allocated to the Internal Revenue Service and 

17 the States at the discretion of the Secretary, ex18 cept that of funds so made available for each 

19 fiscal year, $2,000,000 shall be available only to 

20 carry out intergovernmental enforcement ef21 forts, including research and training.’’; and 

22 (B) in paragraph (8)— 

23 (i) in the paragraph heading by strik24 ing ‘‘SURFACE TRANSPORTATION PRO25 GRAM’’ and inserting ‘‘TRANSPORTATION

26 MOBILITY PROGRAM’’; and 


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1 (ii) by striking ‘‘section 104(b)(3)’’ 

2 and inserting ‘‘section 104(b)(2)’’; and 

3 (2) in subsection (c)(3) by striking ‘‘for each of 

4 fiscal years 2005 through 2009,’’ and inserting ‘‘for 

5 each fiscal year,’’. 

6 SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY 

7 AND INSPECTION STANDARDS. 

8 (a) IN GENERAL.—Section 144 of title 23, United 

9 States Code, is amended to read as follows: 

10 ‘‘§ 144. National bridge and tunnel inventory and in11 spection standards 

12 ‘‘(a) FINDINGS AND DECLARATIONS.— 

13 ‘‘(1) FINDINGS.—Congress finds that— 

14 ‘‘(A) the condition of the bridges of the 

15 United States has improved since the date of 

16 enactment of the Transportation Equity Act for 

17 the 21st Century (Public Law 105–178; 112 

18 Stat. 107), yet continued improvement to 

19 bridge conditions is essential to protect the 

20 safety of the traveling public and allow for the 

21 efficient movement of people and goods on 

22 which the economy of the United States relies; 

23 and 

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1 tation of deficient bridges, should be under2 taken through an overall asset management ap3 proach to transportation investment. 

4 ‘‘(2) DECLARATIONS.—Congress declares that 

5 it is in the vital interest of the United States— 

6 ‘‘(A) to inventory, inspect, and improve the 

7 condition of the highway bridges and tunnels of 

8 the United States; 

9 ‘‘(B) to use a data-driven, risk-based ap10 proach and cost-effective strategy for systematic 

11 preventative maintenance, replacement, and re12 habilitation of highway bridges and tunnels to 

13 ensure safety and extended service life; 

14 ‘‘(C) to use performance-based bridge 

15 management systems to assist States in making 

16 timely investments; 

17 ‘‘(D) to ensure accountability and link per18 formance outcomes to investment decisions; and 

19 ‘‘(E) to ensure connectivity and access for 

20 residents of rural areas of the United States 

21 through strategic investments in National High22 way System bridges and bridges on all public 

23 roads. 

24 ‘‘(b) NATIONAL BRIDGE AND TUNNEL INVEN25 TORIES.— 


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1 ‘‘(1) IN GENERAL.—The Secretary, in consulta2 tion with the States, shall— 

3 ‘‘(A) inventory all highway bridges on pub4 lic roads that are bridges over waterways, other 

5 topographical barriers, other highways, and 

6 railroads; 

7 ‘‘(B) classify the bridges according to serv8 iceability, safety, and essentiality for public use, 

9 including the potential impacts to emergency 

10 evacuation routes and to regional and national 

11 freight and passenger mobility if the service12 ability of the bridge is restricted or diminished; 

13 and 

14 ‘‘(C) based on that classification, assign 

15 each a risk-based priority for systematic pre16 ventative maintenance, replacement, or rehabili17 tation. 

18 ‘‘(2) TRIBALLY OWNED AND FEDERALLY

19 OWNED BRIDGES.—As part of the activities carried 

20 out under paragraph (1), the Secretary, in consulta21 tion with the Secretaries of appropriate Federal 

22 agencies, shall— 

23 ‘‘(A) inventory all tribally owned and Fed24 erally owned highway bridges that are open to 


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1 the public, over waterways, other topographical 

2 barriers, other highways, and railroads; 

3 ‘‘(B) classify the bridges according to serv4 iceability, safety, and essentiality for public use; 

5 and 

6 ‘‘(C) based on the classification, assign 

7 each a risk-based priority for systematic pre8 ventative maintenance, replacement, or rehabili9 tation. 

10 ‘‘(3) TUNNELS.—The Secretary shall establish 

11 a national inventory of highway tunnels reflecting 

12 the findings of the most recent highway tunnel in13 spections conducted by States under this section. 

14 ‘‘(c) GENERAL BRIDGE AUTHORITY.— 

15 ‘‘(1) IN GENERAL.—Except as provided in para16 graph (2) and notwithstanding any other provision 

17 of law, the General Bridge Act of 1946 (33 U.S.C. 

18 525 et seq.) shall apply to bridges authorized to be 

19 replaced, in whole or in part, by this title. 

20 ‘‘(2) EXCEPTION.—Section 502(b) of the Gen21 eral Bridge Act of 1946 (33 U.S.C. 525(b)) and sec22 tion 9 of the Act of March 3, 1899 (33 U.S.C. 401), 

23 shall not apply to any bridge constructed, recon24 structed, rehabilitated, or replaced with assistance 

25 under this title, if the bridge is over waters that— 


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1 ‘‘(A) are not used and are not susceptible 

2 to use in the natural condition of the bridge or 

3 by reasonable improvement as a means to 

4 transport interstate or foreign commerce; and 

5 ‘‘(B) are— 

6 ‘‘(i) not tidal; or 

7 ‘‘(ii) if tidal, used only by recreational 

8 boating, fishing, and other small vessels 

9 that are less than 21 feet in length. 

10 ‘‘(d) INVENTORY UPDATES AND REPORTS.— 

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

12 ‘‘(A) annually revise the inventories au13 thorized by subsection (b); and 

14 ‘‘(B) submit to the Committee on Trans15 portation and Infrastructure of the House of 

16 Representatives and the Committee on Environ17 ment and Public Works of the Senate a report 

18 on the inventories. 

19 ‘‘(2) INSPECTION REPORT.—Not later than 1 

20 year after the date of enactment of the MAP–21, 

21 each State and appropriate Federal agency shall re22 port element level data to the Secretary, as each 

23 bridge is inspected pursuant to this section, for all 

24 highway bridges on the National Highway System. 


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1 ‘‘(3) GUIDANCE.—The Secretary shall provide 

2 guidance to States and Federal agencies for imple3 mentation of this subsection, while respecting the ex4 isting inspection schedule of each State. 

5 ‘‘(4) BRIDGES NOT ON NATIONAL HIGHWAY

6 SYSTEM.—The Secretary shall— 

7 ‘‘(A) conduct a study on the benefits, cost8 effectiveness, and feasibility of requiring ele9 ment-level data collection for bridges not on the 

10 National Highway System; and 

11 ‘‘(B) submit to the Committee on Trans12 portation and Infrastructure of the House of 

13 Representatives and the Committee on Environ14 ment and Public Works of the Senate a report 

15 on the results of the study. 

16 ‘‘(e) BRIDGES WITHOUT TAXING POWERS.— 

17 ‘‘(1) IN GENERAL.—Notwithstanding any other 

18 provision of law, any bridge that is owned and oper19 ated by an agency that does not have taxing powers 

20 and whose functions include operating a federally as21 sisted public transit system subsidized by toll reve22 nues shall be eligible for assistance under this title, 

23 but the amount of such assistance shall in no event 

24 exceed the cumulative amount which such agency 


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1 has expended for capital and operating costs to sub2 sidize such transit system. 

3 ‘‘(2) INSUFFICIENT ASSETS.—Before author4 izing an expenditure of funds under this subsection, 

5 the Secretary shall determine that the applicant 

6 agency has insufficient reserves, surpluses, and pro7 jected revenues (over and above those required for 

8 bridge and transit capital and operating costs) to 

9 fund the bridge project or activity eligible for assist10 ance under this title. 

11 ‘‘(3) CREDITING OF NON-FEDERAL FUNDS.— 

12 Any non-Federal funds expended for the seismic ret13 rofit of the bridge may be credited toward the non14 Federal share required as a condition of receipt of 

15 any Federal funds for seismic retrofit of the bridge 

16 made available after the date of the expenditure. 

17 ‘‘(f) REPLACEMENT OF DESTROYED BRIDGES AND

18 FERRY BOAT SERVICE.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding any other 

20 provision of law, a State may use the funds appor21 tioned under section 104(b)(2) to construct any 

22 bridge that replaces— 

23 ‘‘(A) any low water crossing (regardless of 

24 the length of the low water crossing); 


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1 ‘‘(B) any bridge that was destroyed prior 

2 to January 1, 1965; 

3 ‘‘(C) any ferry that was in existence on 

4 January 1, 1984; or 

5 ‘‘(D) any road bridge that is rendered ob6 solete as a result of a Corps of Engineers flood 

7 control or channelization project and is not re8 built with funds from the Corps of Engineers. 

9 ‘‘(2) FEDERAL SHARE.—The Federal share 

10 payable on any bridge construction carried out under 

11 paragraph (1) shall be 80 percent of the cost of the 

12 construction. 

13 ‘‘(g) HISTORIC BRIDGES.— 

14 ‘‘(1) DEFINITION OF HISTORIC BRIDGE.—In 

15 this subsection, the term ‘historic bridge’ means any 

16 bridge that is listed on, or eligible for listing on, the 

17 National Register of Historic Places. 

18 ‘‘(2) COORDINATION.—The Secretary shall, in 

19 cooperation with the States, encourage the retention, 

20 rehabilitation, adaptive reuse, and future study of 

21 historic bridges. 

22 ‘‘(3) STATE INVENTORY.—The Secretary shall 

23 require each State to complete an inventory of all 

24 bridges on and off Federal-aid highways to deter25 mine the historic significance of the bridges. 


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1 ‘‘(4) ELIGIBILITY.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), reasonable costs associated with ac4 tions to preserve, or reduce the impact of a 

5 project under this chapter on, the historic integ6 rity of a historic bridge shall be eligible as reim7 bursable project costs under section 133 if the 

8 load capacity and safety features of the historic 

9 bridge are adequate to serve the intended use 

10 for the life of the historic bridge. 

11 ‘‘(B) BRIDGES NOT USED FOR VEHICLE

12 TRAFFIC.—In the case of a historic bridge that 

13 is no longer used for motorized vehicular traf14 fic, the costs eligible as reimbursable project 

15 costs pursuant to this chapter shall not exceed 

16 the estimated cost of demolition of the historic 

17 bridge. 

18 ‘‘(5) PRESERVATION.—Any State that proposes 

19 to demolish a historic bridge for a replacement 

20 project with funds made available to carry out this 

21 section shall first make the historic bridge available 

22 for donation to a State, locality, or responsible pri23 vate entity if the State, locality, or responsible entity 

24 enters into an agreement— 


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1 ‘‘(A) to maintain the bridge and the fea2 tures that give the historic bridge its historic 

3 significance; and 

4 ‘‘(B) to assume all future legal and finan5 cial responsibility for the historic bridge, which 

6 may include an agreement to hold the State 

7 transportation department harmless in any li8 ability action. 

9 ‘‘(6) COSTS INCURRED.— 

10 ‘‘(A) IN GENERAL.—Costs incurred by the 

11 State to preserve a historic bridge (including 

12 funds made available to the State, locality, or 

13 private entity to enable it to accept the bridge) 

14 shall be eligible as reimbursable project costs 

15 under this chapter in an amount not to exceed 

16 the cost of demolition. 

17 ‘‘(B) ADDITIONAL FUNDING.—Any bridge 

18 preserved pursuant to this paragraph shall not 

19 be eligible for any other funds authorized pur20 suant to this title. 

21 ‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION

22 STANDARDS.— 

23 ‘‘(1) REQUIREMENT.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall 

25 establish and maintain inspection standards for 


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1 the proper inspection and evaluation of all high2 way bridges and tunnels for safety and service3 ability. 

4 ‘‘(B) UNIFORMITY.—The standards under 

5 this subsection shall be designed to ensure uni6 formity of the inspections and evaluations. 

7 ‘‘(2) MINIMUM REQUIREMENTS OF INSPECTION

8 STANDARDS.—The standards established under 

9 paragraph (1) shall, at a minimum— 

10 ‘‘(A) specify, in detail, the method by 

11 which the inspections shall be carried out by the 

12 States, Federal agencies, and tribal govern13 ments; 

14 ‘‘(B) establish the maximum time period 

15 between inspections; 

16 ‘‘(C) establish the qualifications for those 

17 charged with carrying out the inspections; 

18 ‘‘(D) require each State, Federal agency, 

19 and tribal government to maintain and make 

20 available to the Secretary on request— 

21 ‘‘(i) written reports on the results of 

22 highway bridge and tunnel inspections and 

23 notations of any action taken pursuant to 

24 the findings of the inspections; and 


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1 ‘‘(ii) current inventory data for all 

2 highway bridges and tunnels reflecting the 

3 findings of the most recent highway bridge 

4 and tunnel inspections conducted; and 

5 ‘‘(E) establish a procedure for national 

6 certification of highway bridge inspectors and 

7 tunnel inspectors. 

8 ‘‘(3) STATE COMPLIANCE WITH INSPECTION

9 STANDARDS.—The Secretary shall, at a minimum— 

10 ‘‘(A) establish, in consultation with the 

11 States, and interested and knowledgeable pri12 vate organizations and individuals, procedures 

13 to conduct reviews of State compliance with— 

14 ‘‘(i) the standards established under 

15 this subsection; and 

16 ‘‘(ii) the calculation or reevaluation of 

17 bridge load ratings; and 

18 ‘‘(B) establish, in consultation with the 

19 States, and interested and knowledgeable pri20 vate organizations and individuals, procedures 

21 for States to follow in reporting to the Sec22 retary— 

23 ‘‘(i) critical findings relating to struc24 tural or safety-related deficiencies of high25 way bridges; and 


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1 ‘‘(ii) monitoring activities and correc2 tive actions taken in response to a critical 

3 finding. 

4 ‘‘(4) REVIEWS OF STATE COMPLIANCE.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 annually review State compliance with the 

7 standards established under this section. 

8 ‘‘(B) NONCOMPLIANCE.—If an annual re9 view in accordance with subparagraph (A) iden10 tifies noncompliance by a State, the Secretary 

11 shall— 

12 ‘‘(i) issue a report detailing the issues 

13 of the noncompliance by December 31 of 

14 the calendar year in which the review was 

15 made; and 

16 ‘‘(ii) provide the State an opportunity 

17 to address the noncompliance by— 

18 ‘‘(I) developing a corrective ac19 tion plan to remedy the noncompli20 ance; or 

21 ‘‘(II) resolving the issues of non22 compliance not later than 45 days 

23 after the date of notification. 

24 ‘‘(5) PENALTY FOR NONCOMPLIANCE.— 


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1 ‘‘(A) IN GENERAL.—If a State fails to sat2 isfy the requirements of paragraph (4)(B) by 

3 August 1 of the calendar year following the 

4 year of a finding of noncompliance, the Sec5 retary shall, on October 1 of that year, and 

6 each year thereafter as may be necessary, re7 quire the State to dedicate funds apportioned to 

8 the State under sections 119 and 133 after the 

9 date of enactment of the MAP–21 to correct 

10 the noncompliance with the minimum inspection 

11 standards established under this subsection. 

12 ‘‘(B) AMOUNT.—The amount of the funds 

13 to be directed to correcting noncompliance in 

14 accordance with subparagraph (A) shall— 

15 ‘‘(i) be determined by the State based 

16 on an analysis of the actions needed to ad17 dress the noncompliance; and 

18 ‘‘(ii) require approval by the Sec19 retary. 

20 ‘‘(6) UPDATE OF STANDARDS.—Not later than 

21 3 years after the date of enactment of the MAP–21, 

22 the Secretary shall update inspection standards to 

23 cover— 

24 ‘‘(A) the methodology, training, and quali25 fications for inspectors; and 


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1 ‘‘(B) the frequency of inspection. 

2 ‘‘(7) RISK-BASED APPROACH.—In carrying out 

3 the revisions required by paragraph (6), the Sec4 retary shall consider a risk-based approach to deter5 mining the frequency of bridge inspections. 

6 ‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL

7 INSPECTORS.— 

8 ‘‘(1) IN GENERAL.—The Secretary, in coopera9 tion with the State transportation departments, shall 

10 maintain a program designed to train appropriate 

11 personnel to carry out highway bridge and tunnel in12 spections. 

13 ‘‘(2) REVISIONS.—The training program shall 

14 be revised from time to time to take into account 

15 new and improved techniques. 

16 ‘‘(j) AVAILABILITY OF FUNDS.—To carry out this 

17 section, the Secretary may use funds made available under 

18 sections 104(a), 119, 133, and 503.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

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

21 striking the item relating to section 144 and inserting the 

22 following: 

‘‘144. National bridge and tunnel inventory and inspection standards.’’. 

23 SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

24 Section 148 of title 23, United States Code, is 

25 amended to read as follows: 


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1 ‘‘§ 148. Highway safety improvement program 

2 ‘‘(a) DEFINITIONS.—In this section, the following 

3 definitions apply: 

4 ‘‘(1) HIGH RISK RURAL ROAD.—The term ‘high 

5 risk rural road’ means any roadway functionally 

6 classified as a rural major or minor collector or a 

7 rural local road with significant safety risks, as de8 fined by a State in accordance with an updated 

9 State strategic highway safety plan. 

10 ‘‘(2) HIGHWAY BASEMAP.—The term ‘highway 

11 basemap’ means a representation of all public roads 

12 that can be used to geolocate attribute data on a 

13 roadway. 

14 ‘‘(3) HIGHWAY SAFETY IMPROVEMENT PRO15 GRAM.—The term ‘highway safety improvement pro16 gram’ means projects, activities, plans, and reports 

17 carried out under this section. 

18 ‘‘(4) HIGHWAY SAFETY IMPROVEMENT

19 PROJECT.— 

20 ‘‘(A) IN GENERAL.—The term ‘highway 

21 safety improvement project’ means strategies, 

22 activities, and projects on a public road that are 

23 consistent with a State strategic highway safety 

24 plan and— 

25 ‘‘(i) correct or improve a hazardous 

26 road location or feature; or 


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1 ‘‘(ii) address a highway safety prob2 lem. 

3 ‘‘(B) INCLUSIONS.—The term ‘highway 

4 safety improvement project’ includes, but is not 

5 limited to, a project for 1 or more of the fol6 lowing: 

7 ‘‘(i) An intersection safety improve8 ment. 

9 ‘‘(ii) Pavement and shoulder widening 

10 (including addition of a passing lane to 

11 remedy an unsafe condition). 

12 ‘‘(iii) Installation of rumble strips or 

13 another warning device, if the rumble 

14 strips or other warning devices do not ad15 versely affect the safety or mobility of 

16 bicyclists and pedestrians, including per17 sons with disabilities. 

18 ‘‘(iv) Installation of a skid-resistant 

19 surface at an intersection or other location 

20 with a high frequency of crashes. 

21 ‘‘(v) An improvement for pedestrian 

22 or bicyclist safety or safety of persons with 

23 disabilities. 

24 ‘‘(vi) Construction and improvement 

25 of a railway-highway grade crossing safety 


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1 feature, including installation of protective 

2 devices. 

3 ‘‘(vii) The conduct of a model traffic 

4 enforcement activity at a railway-highway 

5 crossing. 

6 ‘‘(viii) Construction of a traffic 

7 calming feature. 

8 ‘‘(ix) Elimination of a roadside haz9 ard. 

10 ‘‘(x) Installation, replacement, and 

11 other improvement of highway signage and 

12 pavement markings, or a project to main13 tain minimum levels of retroreflectivity, 

14 that addresses a highway safety problem 

15 consistent with a State strategic highway 

16 safety plan. 

17 ‘‘(xi) Installation of a priority control 

18 system for emergency vehicles at signalized 

19 intersections. 

20 ‘‘(xii) Installation of a traffic control 

21 or other warning device at a location with 

22 high crash potential. 

23 ‘‘(xiii) Transportation safety planning. 

24 ‘‘(xiv) Collection, analysis, and im25 provement of safety data. 


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1 ‘‘(xv) Planning integrated interoper2 able emergency communications equip3 ment, operational activities, or traffic en4 forcement activities (including police as5 sistance) relating to work zone safety. 

6 ‘‘(xvi) Installation of guardrails, bar7 riers (including barriers between construc8 tion work zones and traffic lanes for the 

9 safety of road users and workers), and 

10 crash attenuators. 

11 ‘‘(xvii) The addition or retrofitting of 

12 structures or other measures to eliminate 

13 or reduce crashes involving vehicles and 

14 wildlife. 

15 ‘‘(xviii) Installation of yellow-green 

16 signs and signals at pedestrian and bicycle 

17 crossings and in school zones. 

18 ‘‘(xix) Construction and operational 

19 improvements on high risk rural roads. 

20 ‘‘(xx) Geometric improvements to a 

21 road for safety purposes that improve safe22 ty. 

23 ‘‘(xxi) A road safety audit. 

24 ‘‘(xxii) Roadway safety infrastructure 

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1 ommendations included in the publication 

2 of the Federal Highway Administration en3 titled ‘Highway Design Handbook for 

4 Older Drivers and Pedestrians’ (FHWA– 

5 RD–01–103), dated May 2001 or as subse6 quently revised and updated. 

7 ‘‘(xxiii) Truck parking facilities eligi8 ble for funding under section 1401 of the 

9 MAP–21. 

10 ‘‘(xxiv) Systemic safety improvements. 

11 ‘‘(5) MODEL INVENTORY OF ROADWAY ELE12 MENTS.—The term ‘model inventory of roadway ele13 ments’ means the listing and standardized coding by 

14 the Federal Highway Administration of roadway and 

15 traffic data elements critical to safety management, 

16 analysis, and decisionmaking. 

17 ‘‘(6) PROJECT TO MAINTAIN MINIMUM LEVELS

18 OF RETROREFLECTIVITY.—The term ‘project to 

19 maintain minimum levels of retroreflectivity’ means 

20 a project that is designed to maintain a highway 

21 sign or pavement marking retroreflectivity at or 

22 above the minimum levels prescribed in Federal or 

23 State regulations. 

24 ‘‘(7) ROAD SAFETY AUDIT.—The term ‘road 

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1 amination of an existing or future road or intersec2 tion by an independent multidisciplinary audit team. 

3 ‘‘(8) ROAD USERS.—The term ‘road user’ 

4 means a motorist, passenger, public transportation 

5 operator or user, truck driver, bicyclist, motorcyclist, 

6 or pedestrian, including a person with disabilities. 

7 ‘‘(9) SAFETY DATA.— 

8 ‘‘(A) IN GENERAL.—The term ‘safety data’ 

9 means crash, roadway, and traffic data on a 

10 public road. 

11 ‘‘(B) INCLUSION.—The term ‘safety data’ 

12 includes, in the case of a railway-highway grade 

13 crossing, the characteristics of highway and 

14 train traffic, licensing, and vehicle data. 

15 ‘‘(10) SAFETY PROJECT UNDER ANY OTHER

16 SECTION.— 

17 ‘‘(A) IN GENERAL.—The term ‘safety 

18 project under any other section’ means a 

19 project carried out for the purpose of safety 

20 under any other section of this title. 

21 ‘‘(B) INCLUSION.—The term ‘safety 

22 project under any other section’ includes— 

23 ‘‘(i) a project consistent with the 

24 State strategic highway safety plan that 

25 promotes the awareness of the public and 


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1 educates the public concerning highway 

2 safety matters (including motorcycle safe3 ty); 

4 ‘‘(ii) a project to enforce highway 

5 safety laws; and 

6 ‘‘(iii) a project to provide infrastruc7 ture and infrastructure-related equipment 

8 to support emergency services. 

9 ‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT

10 PROGRAM.—The term ‘State highway safety im11 provement program’ means a program of highway 

12 safety improvement projects, activities, plans and re13 ports carried out as part of the Statewide transpor14 tation improvement program under section 135(g). 

15 ‘‘(12) STATE STRATEGIC HIGHWAY SAFETY

16 PLAN.—The term ‘State strategic highway safety 

17 plan’ means a comprehensive plan, based on safety 

18 data, developed by a State transportation depart19 ment that— 

20 ‘‘(A) is developed after consultation with— 

21 ‘‘(i) a highway safety representative of 

22 the Governor of the State; 

23 ‘‘(ii) regional transportation planning 

24 organizations and metropolitan planning 

25 organizations, if any; 


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1 ‘‘(iii) representatives of major modes 

2 of transportation; 

3 ‘‘(iv) State and local traffic enforce4 ment officials; 

5 ‘‘(v) a highway-rail grade crossing 

6 safety representative of the Governor of 

7 the State; 

8 ‘‘(vi) representatives conducting a 

9 motor carrier safety program under section 

10 31102, 31106, or 31309 of title 49; 

11 ‘‘(vii) motor vehicle administration 

12 agencies; 

13 ‘‘(viii) county transportation officials; 

14 ‘‘(ix) State representatives of non15 motorized users; and 

16 ‘‘(x) other major Federal, State, trib17 al, and local safety stakeholders; 

18 ‘‘(B) analyzes and makes effective use of 

19 State, regional, local, or tribal safety data; 

20 ‘‘(C) addresses engineering, management, 

21 operation, education, enforcement, and emer22 gency services elements (including integrated, 

23 interoperable emergency communications) of 

24 highway safety as key factors in evaluating 

25 highway projects; 


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1 ‘‘(D) considers safety needs of, and high2 fatality segments of, all public roads, including 

3 non-State-owned public roads and roads on 

4 tribal land; 

5 ‘‘(E) considers the results of State, re6 gional, or local transportation and highway 

7 safety planning processes; 

8 ‘‘(F) describes a program of strategies to 

9 reduce or eliminate safety hazards; 

10 ‘‘(G) is approved by the Governor of the 

11 State or a responsible State agency; 

12 ‘‘(H) is consistent with section 135(g); and 

13 ‘‘(I) is updated and submitted to the Sec14 retary for approval as required under sub15 section (d)(2). 

16 ‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The 

17 term ‘systemic safety improvement’ means an im18 provement that is widely implemented based on 

19 high-risk roadway features that are correlated with 

20 particular crash types, rather than crash frequency. 

21 ‘‘(b) PROGRAM.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall carry 

23 out a highway safety improvement program. 

24 ‘‘(2) PURPOSE.—The purpose of the highway 

25 safety improvement program shall be to achieve a 


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1 significant reduction in traffic fatalities and serious 

2 injuries on all public roads, including non-State3 owned public roads and roads on tribal land. 

4 ‘‘(c) ELIGIBILITY.— 

5 ‘‘(1) IN GENERAL.—To obligate funds appor6 tioned under section 104(b)(3) to carry out this sec7 tion, a State shall have in effect a State highway 

8 safety improvement program under which the 

9 State— 

10 ‘‘(A) develops, implements, and updates a 

11 State strategic highway safety plan that identi12 fies and analyzes highway safety problems and 

13 opportunities as provided in subsections (a)(12) 

14 and (d); 

15 ‘‘(B) produces a program of projects or 

16 strategies to reduce identified safety problems; 

17 and 

18 ‘‘(C) evaluates the strategic highway safety 

19 plan on a regularly recurring basis in accord20 ance with subsection (d)(1) to ensure the accu21 racy of the data and priority of proposed strate22 gies. 

23 ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH24 WAY SAFETY PROBLEMS AND OPPORTUNITIES.—As 


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1 part of the State highway safety improvement pro2 gram, a State shall— 

3 ‘‘(A) have in place a safety data system 

4 with the ability to perform safety problem iden5 tification and countermeasure analysis— 

6 ‘‘(i) to improve the timeliness, accu7 racy, completeness, uniformity, integration, 

8 and accessibility of the safety data on all 

9 public roads, including non-State-owned 

10 public roads and roads on tribal land in 

11 the State; 

12 ‘‘(ii) to evaluate the effectiveness of 

13 data improvement efforts; 

14 ‘‘(iii) to link State data systems, in15 cluding traffic records, with other data sys16 tems within the State; 

17 ‘‘(iv) to improve the compatibility and 

18 interoperability of safety data with other 

19 State transportation-related data systems 

20 and the compatibility and interoperability 

21 of State safety data systems with data sys22 tems of other States and national data sys23 tems; 

24 ‘‘(v) to enhance the ability of the Sec25 retary to observe and analyze national 


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1 trends in crash occurrences, rates, out2 comes, and circumstances; and 

3 ‘‘(vi) to improve the collection of data 

4 on nonmotorized crashes; 

5 ‘‘(B) based on the analysis required by 

6 subparagraph (A)— 

7 ‘‘(i) identify hazardous locations, sec8 tions, and elements (including roadside ob9 stacles, railway-highway crossing needs, 

10 and unmarked or poorly marked roads) 

11 that constitute a danger to motorists (in12 cluding motorcyclists), bicyclists, pedes13 trians, and other highway users; 

14 ‘‘(ii) using such criteria as the State 

15 determines to be appropriate, establish the 

16 relative severity of those locations, in terms 

17 of crashes (including crash rates), fatali18 ties, serious injuries, traffic volume levels, 

19 and other relevant data; 

20 ‘‘(iii) identify the number of fatalities 

21 and serious injuries on all public roads by 

22 location in the State; 

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1 ence, crash potential, crash rate, or other 

2 data-supported means; and 

3 ‘‘(v) consider which projects maximize 

4 opportunities to advance safety; 

5 ‘‘(C) adopt strategic and performance6 based goals that— 

7 ‘‘(i) address traffic safety, including 

8 behavioral and infrastructure problems and 

9 opportunities on all public roads; 

10 ‘‘(ii) focus resources on areas of 

11 greatest need; and 

12 ‘‘(iii) are coordinated with other State 

13 highway safety programs; 

14 ‘‘(D) advance the capabilities of the State 

15 for safety data collection, analysis, and integra16 tion in a manner that— 

17 ‘‘(i) complements the State highway 

18 safety program under chapter 4 and the 

19 commercial vehicle safety plan under sec20 tion 31102 of title 49; 

21 ‘‘(ii) includes all public roads, includ22 ing public non-State-owned roads and 

23 roads on tribal land; 

24 ‘‘(iii) identifies hazardous locations, 

25 sections, and elements on all public roads 


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1 that constitute a danger to motorists (in2 cluding motorcyclists), bicyclists, pedes3 trians, persons with disabilities, and other 

4 highway users; 

5 ‘‘(iv) includes a means of identifying 

6 the relative severity of hazardous locations 

7 described in clause (iii) in terms of crashes 

8 (including crash rate), serious injuries, fa9 talities, and traffic volume levels; and 

10 ‘‘(v) improves the ability of the State 

11 to identify the number of fatalities and se12 rious injuries on all public roads in the 

13 State with a breakdown by functional clas14 sification and ownership in the State; 

15 ‘‘(E)(i) determine priorities for the correc16 tion of hazardous road locations, sections, and 

17 elements (including railway-highway crossing 

18 improvements), as identified through safety 

19 data analysis; 

20 ‘‘(ii) identify opportunities for preventing 

21 the development of such hazardous conditions; 

22 and 

23 ‘‘(iii) establish and implement a schedule 

24 of highway safety improvement projects for haz25 ard correction and hazard prevention; and 


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1 ‘‘(F)(i) establish an evaluation process to 

2 analyze and assess results achieved by highway 

3 safety improvement projects carried out in ac4 cordance with procedures and criteria estab5 lished by this section; and 

6 ‘‘(ii) use the information obtained under 

7 clause (i) in setting priorities for highway safety 

8 improvement projects. 

9 ‘‘(d) UPDATES TO STRATEGIC HIGHWAY SAFETY

10 PLANS.— 

11 ‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—Not later than 1 year 

13 after the date of enactment of the MAP–21, the 

14 Secretary shall establish requirements for regu15 larly recurring State updates of strategic high16 way safety plans. 

17 ‘‘(B) CONTENTS OF UPDATED STRATEGIC

18 HIGHWAY SAFETY PLANS.—In establishing re19 quirements under this subsection, the Secretary 

20 shall ensure that States take into consideration, 

21 with respect to updated strategic highway safe22 ty plans— 

23 ‘‘(i) the findings of road safety audits; 

24 ‘‘(ii) the locations of fatalities and se25 rious injuries; 


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1 ‘‘(iii) the locations that do not have 

2 an empirical history of fatalities and seri3 ous injuries, but possess risk factors for 

4 potential crashes; 

5 ‘‘(iv) rural roads, including all public 

6 roads, commensurate with fatality data; 

7 ‘‘(v) motor vehicle crashes that in8 clude fatalities or serious injuries to pedes9 trians and bicyclists; 

10 ‘‘(vi) the cost-effectiveness of improve11 ments; 

12 ‘‘(vii) improvements to rail-highway 

13 grade crossings; and 

14 ‘‘(viii) safety on all public roads, in15 cluding non-State-owned public roads and 

16 roads on tribal land. 

17 ‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGH18 WAY SAFETY PLANS.— 

19 ‘‘(A) IN GENERAL.—Each State shall— 

20 ‘‘(i) update the strategic highway 

21 safety plans of the State in accordance 

22 with the requirements established by the 

23 Secretary under this subsection; and 


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1 ‘‘(ii) submit the updated plans to the 

2 Secretary, along with a detailed description 

3 of the process used to update the plan. 

4 ‘‘(B) REQUIREMENTS FOR APPROVAL.— 

5 The Secretary shall not approve the process for 

6 an updated strategic highway safety plan un7 less— 

8 ‘‘(i) the updated strategic highway 

9 safety plan is consistent with the require10 ments of this subsection and subsection 

11 (a)(12); and 

12 ‘‘(ii) the process used is consistent 

13 with the requirements of this subsection. 

14 ‘‘(3) PENALTY FOR FAILURE TO HAVE AN AP15 PROVED UPDATED STRATEGIC HIGHWAY SAFETY

16 PLAN.—If a State does not have an updated stra17 tegic highway safety plan with a process approved by 

18 the Secretary by August 1 of the fiscal year begin19 ning after the date of establishment of the require20 ments under paragraph (1)— 

21 ‘‘(A) the State shall not be eligible to re22 ceive any additional limitation pursuant to the 

23 redistribution of the limitation on obligations 

24 for Federal-aid highway and highway safety 

25 construction programs that occurs after August 


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1 1 for each succeeding fiscal year until the fiscal 

2 year during which the plan is approved; and 

3 ‘‘(B) the Secretary shall, on October 1 of 

4 each fiscal year thereafter, transfer from funds 

5 apportioned to the State under section 

6 104(b)(2) (other than amounts suballocated to 

7 metropolitan areas and other areas of the State 

8 under section 133(d)) an amount equal to 10 

9 percent of the funds so apportioned for the fis10 cal year for use under the highway safety im11 provement program under this section to the 

12 apportionment of the State under section 

13 104(b)(3) until the fiscal year in which the plan 

14 is approved. 

15 ‘‘(e) ELIGIBLE PROJECTS.— 

16 ‘‘(1) IN GENERAL.—Funds apportioned to the 

17 State under section 104(b)(3) may be obligated to 

18 carry out— 

19 ‘‘(A) any highway safety improvement 

20 project on any public road or publicly owned bi21 cycle or pedestrian pathway or trail; or 

22 ‘‘(B) as provided in subsection (f), other 

23 safety projects. 

24 ‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 


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1 ‘‘(A) EFFECT OF SECTION.—Nothing in 

2 this section prohibits the use of funds made 

3 available under other provisions of this title for 

4 highway safety improvement projects. 

5 ‘‘(B) USE OF OTHER FUNDS.—States are 

6 encouraged to address the full scope of the safe7 ty needs and opportunities of the States by 

8 using funds made available under other provi9 sions of this title (except a provision that spe10 cifically prohibits that use). 

11 ‘‘(f) FLEXIBLE FUNDING FOR STATES WITH A STRA12 TEGIC HIGHWAY SAFETY PLAN.— 

13 ‘‘(1) IN GENERAL.—To further the implementa14 tion of a State strategic highway safety plan, a State 

15 may use up to 10 percent of the amount of funds 

16 apportioned to the State under section 104(b)(3) for 

17 a fiscal year to carry out safety projects under any 

18 other section as provided in the State strategic high19 way safety plan if the State certifies that— 

20 ‘‘(A) the State has met needs in the State 

21 relating to railway-highway crossings for the 

22 preceding fiscal year; and 

23 ‘‘(B) the funds are being used for the most 

24 effective projects to make progress toward 


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1 achieving the safety performance targets of the 

2 State. 

3 ‘‘(2) OTHER TRANSPORTATION AND HIGHWAY

4 SAFETY PLANS.—Nothing in this subsection requires 

5 a State to revise any State process, plan, or program 

6 in effect on the date of enactment of the MAP–21. 

7 ‘‘(g) DATA IMPROVEMENT.— 

8 ‘‘(1) DEFINITION OF DATA IMPROVEMENT AC9 TIVITIES.—In this subsection: 

10 ‘‘(A) IN GENERAL.—The term ‘data im11 provement activities’ means a project or activity 

12 to further the capacity of a State to make more 

13 informed and effective safety infrastructure in14 vestment decisions. 

15 ‘‘(B) INCLUSIONS.—The term ‘data im16 provement activities’ includes a project or activ17 ity— 

18 ‘‘(i) to create, update, or enhance a 

19 highway basemap of all public roads in a 

20 State; 

21 ‘‘(ii) to collect safety data, including 

22 data identified as part of the model inven23 tory of roadway elements, for creation of 

24 or use on a highway basemap of all public 

25 roads in a State; 


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1 ‘‘(iii) to store and maintain safety 

2 data in an electronic manner; 

3 ‘‘(iv) to develop analytical processes 

4 for safety data elements; 

5 ‘‘(v) to acquire and implement road6 way safety analysis tools; and 

7 ‘‘(vi) to support the collection, mainte8 nance, and sharing of safety data on all 

9 public roads and related systems associated 

10 with the analytical usage of that data. 

11 ‘‘(2) APPORTIONMENT.—Of the funds appor12 tioned to a State under section 104(b)(3) for a fiscal 

13 year— 

14 ‘‘(A) not less than 8 percent of the funds 

15 apportioned for each of fiscal years 2012 

16 through 2013 shall be available only for data 

17 improvement activities under this subsection; 

18 and 

19 ‘‘(B) not less than 4 percent of the funds 

20 apportioned for fiscal year 2014 and each fiscal 

21 year thereafter shall be available only for data 

22 improvement activities under this subsection. 

23 ‘‘(3) SPECIAL RULE.—A State may use funds 

24 apportioned to the State pursuant to this subsection 

25 for any project eligible under this section if the 


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1 State demonstrates to the satisfaction of the Sec2 retary that the State has met all of the State needs 

3 for data collection to support the State strategic 

4 highway safety plan and sufficiently addressed the 

5 data improvement activities described in paragraph 

6 (1). 

7 ‘‘(4) MODEL INVENTORY OF ROADWAY ELE8 MENTS.—The Secretary shall— 

9 ‘‘(A) establish a subset of the model inven10 tory of roadway elements that are useful for the 

11 inventory of roadway safety; and 

12 ‘‘(B) ensure that States adopt and use the 

13 subset to improve data collection. 

14 ‘‘(h) PERFORMANCE MEASURES AND TARGETS FOR

15 STATE HIGHWAY SAFETY IMPROVEMENT PROGRAMS.— 

16 ‘‘(1) ESTABLISHMENT OF PERFORMANCE MEAS17 URES.—Not later than 1 year after the date of en18 actment of the MAP–21, the Secretary shall issue 

19 guidance to States on the establishment, collection, 

20 and reporting of performance measures that re21 flect— 

22 ‘‘(A) serious injuries and fatalities per ve23 hicle mile traveled; 

24 ‘‘(B) serious injuries and fatalities per cap25 ita; and 


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1 ‘‘(C) the number of serious injuries and fa2 talities 

3 ‘‘(2) ESTABLISHMENT OF STATE PERFORMANCE

4 TARGETS.—Not later than 1 year after the Secretary 

5 has issued guidance to States on the establishment, 

6 collection, and reporting of performance measures, 

7 each State shall set performance targets that re8 flect— 

9 ‘‘(A) serious injuries and fatalities per ve10 hicle mile traveled; 

11 ‘‘(B) serious injuries and fatalities per cap12 ita; and 

13 ‘‘(C) the number of serious injuries and fa14 talities. 

15 ‘‘(i) SPECIAL RULES.— 

16 ‘‘(1) HIGH-RISK RURAL ROAD SAFETY.—If the 

17 fatality rate on rural roads in a State increases over 

18 the most recent 2-year period for which data are 

19 available, that State shall be required to obligate in 

20 the next fiscal year for projects on high risk rural 

21 roads an amount equal to at least 200 percent of the 

22 amount of funds the State received for fiscal year 

23 2009 for high risk rural roads under subsection (f) 

24 of this section, as in effect on the day before the 

25 date of enactment of the MAP–21. 


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1 ‘‘(2) RAIL-HIGHWAY GRADE CROSSINGS.—If the 

2 average number of fatalities at rail-highway grade 

3 crossings in a State over the most recent 2-year pe4 riod for which data are available increases over the 

5 average number of fatalities during the preceding 2- 

6 year period, that State shall be required to obligate 

7 in the next fiscal year for projects on rail-highway 

8 grade crossings an amount equal to 120 percent of 

9 the amount of funds the State received for fiscal 

10 year 2009 for rail-highway grade crossings under 

11 section 130(f) (as in effect on the day before the 

12 date of enactment of the MAP–21). 

13 ‘‘(3) OLDER DRIVERS.—If traffic fatalities and 

14 serious injuries per capita for drivers and pedes15 trians over the age of 65 in a State increases during 

16 the most recent 2-year period for which data are 

17 available, that State shall be required to include, in 

18 the subsequent Strategic Highway Safety Plan of 

19 the State, strategies to address the increases in 

20 those rates, taking into account the recommenda21 tions included in the publication of the Federal 

22 Highway Administration entitled ‘Highway Design 

23 Handbook for Older Drivers and Pedestrians’ 

24 (FHWA–RD–01–103), and dated May 2001, or as 

25 subsequently revised and updated. 


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1 ‘‘(j) REPORTS.— 

2 ‘‘(1) IN GENERAL.—A State shall submit to the 

3 Secretary a report that— 

4 ‘‘(A) describes the progress being made to 

5 achieve the performance targets established 

6 under subsection (h); 

7 ‘‘(B) describes progress being made to im8 plement highway safety improvement projects 

9 under this section; 

10 ‘‘(C) assesses the effectiveness of those im11 provements; and 

12 ‘‘(D) describes the extent to which the im13 provements funded under this section have con14 tributed to reducing— 

15 ‘‘(i) the number and rate of fatalities 

16 on all public roads with, to the maximum 

17 extent practicable, a breakdown by func18 tional classification and ownership in the 

19 State; 

20 ‘‘(ii) the number and rate of serious 

21 injuries on all public roads with, to the 

22 maximum extent practicable, a breakdown 

23 by functional classification and ownership 

24 in the State; and 


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1 ‘‘(iii) the occurrences of fatalities and 

2 serious injuries at railway-highway cross3 ings. 

4 ‘‘(2) CONTENTS; SCHEDULE.—The Secretary 

5 shall establish the content and schedule for the sub6 mission of the report under paragraph (1). 

7 ‘‘(3) TRANSPARENCY.—The Secretary shall 

8 make strategic highway safety plans submitted 

9 under subsection (d) and reports submitted under 

10 this subsection available to the public through— 

11 ‘‘(A) the website of the Department; and 

12 ‘‘(B) such other means as the Secretary 

13 determines to be appropriate. 

14 ‘‘(4) DISCOVERY AND ADMISSION INTO EVI15 DENCE OF CERTAIN REPORTS, SURVEYS, AND INFOR16 MATION.—Notwithstanding any other provision of 

17 law, reports, surveys, schedules, lists, or data com18 piled or collected for any purpose relating to this 

19 section, shall not be subject to discovery or admitted 

20 into evidence in a Federal or State court proceeding 

21 or considered for other purposes in any action for 

22 damages arising from any occurrence at a location 

23 identified or addressed in the reports, surveys, 

24 schedules, lists, or other data. 


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1 ‘‘(k) STATE PERFORMANCE TARGETS.—If the Sec2 retary determines that a State has not met or made sig3 nificant progress toward meeting the performance targets 

4 of the State established under subsection (h) by the date 

5 that is 2 years after the date of the establishment of the 

6 performance targets, the State shall— 

7 ‘‘(1) use obligation authority equal to the ap8 portionment of the State for the prior year under 

9 section 104(b)(3) only for highway safety improve10 ment projects under this section until the Secretary 

11 determines that the State has met or made signifi12 cant progress toward meeting the performance tar13 gets of the State; and 

14 ‘‘(2) submit annually to the Secretary, until the 

15 Secretary determines that the State has met or 

16 made significant progress toward meeting the per17 formance targets of the State, an implementation 

18 plan that— 

19 ‘‘(A) identifies roadway features that con20 stitute a hazard to road users; 

21 ‘‘(B) identifies highway safety improve22 ment projects on the basis of crash experience, 

23 crash potential, or other data-supported means; 

24 ‘‘(C) describes how highway safety im25 provement program funds will be allocated, inVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 cluding projects, activities, and strategies to be 

2 implemented; 

3 ‘‘(D) describes how the proposed projects, 

4 activities, and strategies funded under the State 

5 highway safety improvement program will allow 

6 the State to make progress toward achieving 

7 the safety performance targets of the State; and 

8 ‘‘(E) describes the actions the State will 

9 undertake to meet the performance targets of 

10 the State. 

11 ‘‘(l) FEDERAL SHARE OF HIGHWAY SAFETY IM12 PROVEMENT PROJECTS.—Except as provided in sections 

13 120 and 130, the Federal share of the cost of a highway 

14 safety improvement project carried out with funds appor15 tioned to a State under section 104(b)(3) shall be 90 per16 cent.’’. 

17 SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IM18 PROVEMENT PROGRAM. 

19 Section 149 of title 23, United States Code, is 

20 amended to read as follows: 

21 ‘‘§ 149. Congestion mitigation and air quality im22 provement program 

23 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab24 lish and implement a congestion mitigation and air quality 

25 improvement program in accordance with this section. 


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1 ‘‘(b) ELIGIBLE PROJECTS.— 

2 ‘‘(1) IN GENERAL.—Except as provided in sub3 section (c), a State may obligate funds apportioned 

4 to the State for the congestion mitigation and air 

5 quality improvement program under section 

6 104(b)(4) that are not reserved under subsection (l) 

7 only for a transportation project or program if the 

8 project or program is for an area in the State that 

9 is or was designated as a nonattainment area for 

10 ozone, carbon monoxide, or particulate matter under 

11 section 107(d) of the Clean Air Act (42 U.S.C. 

12 7407(d)) and classified pursuant to section 181(a), 

13 186(a), 188(a), or 188(b) of the Clean Air Act (42 

14 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is 

15 or was designated as a nonattainment area under 

16 section 107(d) of that Act after December 31, 1997, 

17 or is required to prepare, and file with the Adminis18 trator of the Environmental Protection Agency, 

19 maintenance plans under the Clean Air Act (42 

20 U.S.C. 7401 et seq.); and 

21 ‘‘(A)(i)(I) if the Secretary, after consulta22 tion with the Administrator determines, on the 

23 basis of information published by the Environ24 mental Protection Agency pursuant to subpara25 graph (A) of section 108(f)(1) of the Clean Air 


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1 Act (other than clause (xvi) of that subpara2 graph) (42 U.S.C. 7408(f)(1)) that the project 

3 or program is likely to contribute to— 

4 ‘‘(aa) the attainment of a national 

5 ambient air quality standard; or 

6 ‘‘(bb) the maintenance of a national 

7 ambient air quality standard in a mainte8 nance area; and 

9 ‘‘(II) there exists a high level of effective10 ness in reducing air pollution, in cases of 

11 projects or programs where sufficient informa12 tion is available in the database established pur13 suant to subsection (h) to determine the relative 

14 effectiveness of such projects or programs; or 

15 ‘‘(ii) in any case in which such information 

16 is not available, if the Secretary, after such con17 sultation, determines that the project or pro18 gram is part of a program, method, or strategy 

19 described in such section 108(f)(1)(A); 

20 ‘‘(B) if the project or program is included 

21 in a State implementation plan that has been 

22 approved pursuant to the Clean Air Act and the 

23 project will have air quality benefits; 

24 ‘‘(C) to establish or operate a traffic moni25 toring, management, and control facility or proVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 gram, including truck stop electrification sys2 tems, if the Secretary, after consultation with 

3 the Administrator, determines that the facility 

4 or program is likely to contribute to the attain5 ment of a national ambient air quality stand6 ard; 

7 ‘‘(D) if the program or project improves 

8 traffic flow, including projects to improve sig9 nalization, construct high-occupancy vehicle 

10 lanes, improve intersections, add turning lanes, 

11 improve transportation systems management 

12 and operations that mitigate congestion and im13 prove air quality, and implement intelligent 

14 transportation system strategies and such other 

15 projects that are eligible for assistance under 

16 this section on the day before the date of enact17 ment of the MAP–21, including programs or 

18 projects to improve incident and emergency re19 sponse or improve mobility, such as through 

20 real-time traffic, transit, and multimodal trav21 eler information; 

22 ‘‘(E) if the project or program involves the 

23 purchase of integrated, interoperable emergency 

24 communications equipment; 

25 ‘‘(F) if the project or program is for— 


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1 ‘‘(i) the purchase of diesel retrofits 

2 that are— 

3 ‘‘(I) for motor vehicles (as de4 fined in section 216 of the Clean Air 

5 Act (42 U.S.C. 7550)); or 

6 ‘‘(II) verified technologies (as de7 fined in section 791 of the Energy 

8 Policy Act of 2005 (42 U.S.C. 

9 16131)) for nonroad vehicles and 

10 nonroad engines (as defined in section 

11 216 of the Clean Air Act (42 U.S.C. 

12 7550)) that are used in construction 

13 projects that are— 

14 ‘‘(aa) located in nonattain15 ment or maintenance areas for 

16 ozone, PM10, or PM2.5 (as de17 fined under the Clean Air Act 

18 (42 U.S.C. 7401 et seq.)); and 

19 ‘‘(bb) funded, in whole or in 

20 part, under this title; or 

21 ‘‘(ii) the conduct of outreach activities 

22 that are designed to provide information 

23 and technical assistance to the owners and 

24 operators of diesel equipment and vehicles 


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1 regarding the purchase and installation of 

2 diesel retrofits; 

3 ‘‘(G) if the project involves the installation 

4 of battery charging or replacement facilities for 

5 electric-drive vehicles, or refueling facilities for 

6 alternative-fuel vehicles; 

7 ‘‘(H) if the project or program shifts traf8 fic demand to nonpeak hours or other transpor9 tation modes, increases vehicle occupancy rates, 

10 or otherwise reduces demand for roads through 

11 such means as telecommuting, ridesharing, 

12 carsharing, alternative work hours, and pricing; 

13 or 

14 ‘‘(I) if the Secretary, after consultation 

15 with the Administrator, determines that the 

16 project or program is likely to contribute to the 

17 attainment of a national ambient air quality 

18 standard, whether through reductions in vehicle 

19 miles traveled, fuel consumption, or through 

20 other factors. 

21 ‘‘(2) LIMITATIONS.—Funds apportioned to a 

22 State under section 104(b)(4) and not reserved 

23 under subsection (l) may not be obligated for a 

24 project that will result in the construction of new ca25 pacity available to single-occupant vehicles unless 


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1 the project consists of a high-occupancy vehicle facil2 ity available to single-occupant vehicles only at other 

3 than peak travel times or such use by single-occu4 pant vehicles at peak travel times is subject to a toll. 

5 ‘‘(3) USE OF FUNDS FOR OTHER ACTIVITIES.— 

6 Notwithstanding paragraph (1) and subsection (c), 

7 the Secretary may permit a State to use amounts 

8 apportioned to the State for each of fiscal years 

9 2012 and 2013 for the congestion mitigation and air 

10 quality improvement program under section 

11 104(b)(4) to carry out any activity on a system that 

12 was eligible for funding under that program as in ef13 fect on December 31, 2010. 

14 ‘‘(c) STATES FLEXIBILITY.— 

15 ‘‘(1) STATES WITHOUT A NONATTAINMENT

16 AREA.—If a State does not have, and never has had, 

17 a nonattainment area designated under the Clean 

18 Air Act (42 U.S.C. 7401 et seq.) for ozone, carbon 

19 monoxide, or PM2.5, the State may use funds appor20 tioned to the State under section 104(b)(4) (exclud21 ing the amount of funds reserved under subsection 

22 (l)) for any project in the State that— 

23 ‘‘(A) would otherwise be eligible under sub24 section (b) as if the project were carried out in 

25 a nonattainment or maintenance area; or 


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1 ‘‘(B) is eligible under the transportation 

2 mobility program under section 133. 

3 ‘‘(2) STATES WITH A NONATTAINMENT AREA.— 

4 ‘‘(A) IN GENERAL.—If a State has a non5 attainment area or maintenance area and re6 ceived funds in fiscal year 2009 under section 

7 104(b)(2)(D), as in effect on the day before the 

8 date of enactment of the MAP–21, above the 

9 amount of funds that the State would have re10 ceived based on the nonattainment and mainte11 nance area population of the State under sub12 paragraphs (B) and (C) of section 104(b)(2), as 

13 in effect on the day before the date of enact14 ment of the MAP–21, the State may use for 

15 any project that is eligible under the transpor16 tation mobility program under section 133 an 

17 amount of funds apportioned to such State 

18 under section 104(b)(4) (excluding the amount 

19 of funds reserved under subsection (l)) that is 

20 equal to the product obtained by multiplying— 

21 ‘‘(i) the amount apportioned to such 

22 State under section 104(b)(4) (excluding 

23 the amount of funds reserved under sub24 section (l)); by 


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1 ‘‘(ii) the ratio calculated under para2 graph (B). 

3 ‘‘(B) RATIO.—For purposes of this para4 graph, the ratio shall be calculated as— 

5 ‘‘(i) the amount for fiscal year 2009 

6 such State was permitted by section 

7 149(c)(2), as in effect on the day before 

8 the date of enactment of the MAP–21, to 

9 obligate in any area of the State for 

10 projects eligible under section 133, as in 

11 effect on the day before the date of enact12 ment of the MAP–21; bears to 

13 ‘‘(ii) the total apportionment to such 

14 State for fiscal year 2009 under section 

15 104(b)(2), as in effect on the day before 

16 the date of enactment of the MAP–21. 

17 ‘‘(3) CHANGES IN DESIGNATION.—If a new 

18 nonattainment area is designated or a previously 

19 designated nonattainment area is redesignated as an 

20 attainment area in a State under the Clean Air Act 

21 (42 U.S.C. 7401 et seq.), the Secretary shall modify 

22 the amount such State is permitted to obligate in 

23 any area of the State for projects eligible under sec24 tion 133. 


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1 ‘‘(d) APPLICABILITY OF PLANNING REQUIRE2 MENTS.—Programming and expenditure of funds for 

3 projects under this section shall be consistent with the re4 quirements of sections 134 and 135. 

5 ‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL EN6 TITIES.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of this title and in accordance with this 

9 subsection, a metropolitan planning organization, 

10 State transportation department, or other project 

11 sponsor may enter into an agreement with any pub12 lic, private, or nonprofit entity to cooperatively im13 plement any project carried out with funds appor14 tioned under section 104(b)(4). 

15 ‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.— 

16 Participation by an entity under paragraph (1) may 

17 consist of— 

18 ‘‘(A) ownership or operation of any land, 

19 facility, vehicle, or other physical asset associ20 ated with the project; 

21 ‘‘(B) cost sharing of any project expense; 

22 ‘‘(C) carrying out of administration, con23 struction management, project management, 

24 project operation, or any other management or 


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1 operational duty associated with the project; 

2 and 

3 ‘‘(D) any other form of participation ap4 proved by the Secretary. 

5 ‘‘(3) ALLOCATION TO ENTITIES.—A State may 

6 allocate funds apportioned under section 104(b)(4) 

7 to an entity described in paragraph (1). 

8 ‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the 

9 case of a project that will provide for the use of al10 ternative fuels by privately owned vehicles or vehicle 

11 fleets, activities eligible for funding under this sub12 section— 

13 ‘‘(A) may include the costs of vehicle re14 fueling infrastructure, including infrastructure 

15 that would support the development, produc16 tion, and use of emerging technologies that re17 duce emissions of air pollutants from motor ve18 hicles, and other capital investments associated 

19 with the project; 

20 ‘‘(B) shall include only the incremental 

21 cost of an alternative fueled vehicle, as com22 pared to a conventionally fueled vehicle, that 

23 would otherwise be borne by a private party; 

24 and 


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1 ‘‘(C) shall apply other governmental finan2 cial purchase contributions in the calculation of 

3 net incremental cost. 

4 ‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION

5 WITH RESPECT TO REQUIRED ACTIVITIES.—A Fed6 eral participation payment under this subsection 

7 may not be made to an entity to fund an obligation 

8 imposed under the Clean Air Act (42 U.S.C. 7401 

9 et seq.) or any other Federal law. 

10 ‘‘(f) PRIORITY CONSIDERATION.—States and metro11 politan planning organizations shall give priority in areas 

12 designated as nonattainment or maintenance for PM2.5

13 under the Clean Air Act (42 U.S.C. 7401 et seq.) in dis14 tributing funds received for congestion mitigation and air 

15 quality projects and programs from apportionments under 

16 section 104(b)(4) not required to be reserved under sub17 section (l) to projects that are proven to reduce PM2.5, 

18 including diesel retrofits. 

19 ‘‘(g) INTERAGENCY CONSULTATION.—The Secretary 

20 shall encourage States and metropolitan planning organi21 zations to consult with State and local air quality agencies 

22 in nonattainment and maintenance areas on the estimated 

23 emission reductions from proposed congestion mitigation 

24 and air quality improvement programs and projects. 


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1 ‘‘(h) EVALUATION AND ASSESSMENT OF

2 PROJECTS.— 

3 ‘‘(1) DATABASE.— 

4 ‘‘(A) IN GENERAL.—Using appropriate as5 sessments of projects funded under the conges6 tion mitigation and air quality program and re7 sults from other research, the Secretary shall 

8 maintain and disseminate a cumulative data9 base describing the impacts of the projects, in10 cluding specific information about each project, 

11 such as the project name, location, sponsor, 

12 cost, and, to the extent already measured by the 

13 project sponsor, cost-effectiveness, based on re14 ductions in congestion and emissions. 

15 ‘‘(B) AVAILABILITY.—The database shall 

16 be published or otherwise made readily available 

17 by the Secretary in electronically accessible for18 mat and means, such as the Internet, for public 

19 review. 

20 ‘‘(2) COST EFFECTIVENESS.— 

21 ‘‘(A) IN GENERAL.—The Secretary, in con22 sultation with the Administrator of the Envi23 ronmental Protection Agency, shall evaluate 

24 projects on a periodic basis and develop a table 

25 or other similar medium that illustrates the 


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1 cost-effectiveness of a range of project types eli2 gible for funding under this section as to how 

3 the projects mitigate congestion and improve 

4 air quality. 

5 ‘‘(B) CONTENTS.—The table described in 

6 subparagraph (A) shall show measures of cost7 effectiveness, such as dollars per ton of emis8 sions reduced, and assess those measures over 

9 a variety of timeframes to capture impacts on 

10 the planning timeframes outlined in section 

11 134. 

12 ‘‘(C) USE OF TABLE.—States and metro13 politan planning organizations shall consider 

14 the information in the table when selecting 

15 projects or developing performance plans under 

16 subsection (k). 

17 ‘‘(i) OPTIONAL PROGRAMMATIC ELIGIBILITY.— 

18 ‘‘(1) IN GENERAL.—At the discretion of a met19 ropolitan planning organization, a technical assess20 ment of a selected program of projects may be con21 ducted through modeling or other means to dem22 onstrate the emissions reduction projection required 

23 under this section. 

24 ‘‘(2) APPLICABILITY.—If an assessment de25 scribed in paragraph (1) successfully demonstrates 


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1 an emissions reduction, all projects included in such 

2 assessment shall be eligible for obligation under this 

3 section without further demonstration of emissions 

4 reduction of individual projects included in such as5 sessment. 

6 ‘‘(j) SUBALLOCATION TO NONATTAINMENT AND

7 MAINTENANCE AREAS.— 

8 ‘‘(1) IN GENERAL.—An amount equal to 50 

9 percent of the amount of funds apportioned to each 

10 State under section 104(b)(4) (excluding the amount 

11 of funds reserved under subsection (l)) shall be sub12 allocated for projects within each area designated as 

13 nonattainment or maintenance for the pollutants de14 scribed in subsection (b). 

15 ‘‘(2) DISTRIBUTION OF FUNDS.—The distribu16 tion within any State of funds required to be sub17 allocated under paragraph (1) to each nonattain18 ment or maintenance area shall be in accordance 

19 with a formula developed by each State and ap20 proved by the Secretary, which shall consider the 

21 population of each such nonattainment or mainte22 nance area and shall be weighted by the severity of 

23 pollution in the manner described in paragraph (6). 

24 ‘‘(3) PROJECT SELECTION.—Projects under this 

25 subsection shall be selected by a State and shall be 


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1 consistent with the requirements of sections 134 and 

2 135. 

3 ‘‘(4) PRIORITY FOR USE OF SUBALLOCATED

4 FUNDS IN PM2.5 AREAS.— 

5 ‘‘(A) IN GENERAL.—An amount equal to 

6 50 percent of the funds suballocated under 

7 paragraph (1) for a nonattainment or mainte8 nance area that are based all or in part on the 

9 weighted population of such area in fine partic10 ulate matter nonattainment shall be obligated 

11 to projects that reduce such fine particulate 

12 matter emissions in such area, including diesel 

13 retrofits. 

14 ‘‘(B) CONSTRUCTION EQUIPMENT.—An 

15 amount equal to 30 percent of the funds re16 quired to be set aside under subparagraph (A) 

17 shall be obligated to carry out the objectives of 

18 section 330. 

19 ‘‘(C) OBLIGATION PROCESS.— 

20 ‘‘(i) IN GENERAL.—Each State or 

21 metropolitan planning organization re22 quired to obligate funds in accordance with 

23 this paragraph shall develop a process to 

24 provide funding directly to eligible entities 

25 (as defined under section 330) in order to 


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1 achieve the objectives of such section and 

2 ensure that the bid proceeding and award 

3 of the contract for any covered highway 

4 construction project carried out under that 

5 section will be— 

6 ‘‘(I) made without regard to the 

7 particulate matter emission levels of 

8 the fleet of the eligible entity; and 

9 ‘‘(II) consistent with existing re10 quirements for full and open competi11 tion under section 112. 

12 ‘‘(ii) OBLIGATION.—A State may obli13 gate suballocated funds designated under 

14 this paragraph without regard to any proc15 ess or other requirement established under 

16 this section. 

17 ‘‘(5) FUNDS NOT SUBALLOCATED.—Except as 

18 provided in subsection (c), funds apportioned to a 

19 State under section 104(b)(4) (excluding the amount 

20 of funds reserved under subsection (l)) and not sub21 allocated under paragraph (1) shall be made avail22 able to such State for programming in any non23 attainment or maintenance area in the State. 

24 ‘‘(6) FACTORS FOR CALCULATION OF SUB25 ALLOCATION.— 


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1 ‘‘(A) IN GENERAL.—For the purposes of 

2 paragraph (2), each State shall weight the pop3 ulation of each such nonattainment or mainte4 nance area by a factor of— 

5 ‘‘(i) 1.0 if, at the time of the appor6 tionment, the area is a maintenance area 

7 for ozone or carbon monoxide; 

8 ‘‘(ii) 1.0 if, at the time of the appor9 tionment, the area is classified as a mar10 ginal ozone nonattainment area under sub11 part 2 of part D of title I of the Clean Air 

12 Act (42 U.S.C. 7511 et seq.); 

13 ‘‘(iii) 1.1 if, at the time of the appor14 tionment, the area is classified as a mod15 erate ozone nonattainment area under sub16 part 2 of part D of title I of the Clean Air 

17 Act (42 U.S.C. 7511 et seq.); 

18 ‘‘(iv) 1.2 if, at the time of the appor19 tionment, the area is classified as a serious 

20 ozone nonattainment area under subpart 2 

21 of part D of title I of the Clean Air Act 

22 (42 U.S.C. 7511 et seq.); 

23 ‘‘(v) 1.3 if, at the time of the appor24 tionment, the area is classified as a severe 

25 ozone nonattainment area under subpart 2 


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1 of part D of title I of the Clean Air Act 

2 (42 U.S.C. 7511 et seq.); 

3 ‘‘(vi) 1.5 if, at the time of the appor4 tionment, the area is classified as an ex5 treme ozone nonattainment area under 

6 subpart 2 of part D of title I of the Clean 

7 Air Act (42 U.S.C. 7511 et seq.); 

8 ‘‘(vii) 1.0 if, at the time of the appor9 tionment, the area is not a nonattainment 

10 or maintenance area for ozone as described 

11 in section 149(b), but is designated under 

12 section 107 of the Clean Air Act (42 

13 U.S.C. 7407) as a nonattainment area for 

14 carbon monoxide; 

15 ‘‘(viii) 1.0 if, at the time of the appor16 tionment, the area is designated as non17 attainment for ozone under section 107 of 

18 the Clean Air Act (42 U.S.C. 7407); or 

19 ‘‘(ix) 1.2 if, at the time of the appor20 tionment, the area is not a nonattainment 

21 or maintenance area as described in sec22 tion 149(b) for ozone, but is designated as 

23 a nonattainment or maintenance area for 

24 fine particulate matter, 2.5 micrometers or 


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1 less, under section 107 of the Clean Air 

2 Act (42 U.S.C. 7407). 

3 ‘‘(B) OTHER FACTORS.—If, in addition to 

4 being designated as a nonattainment or mainte5 nance area for ozone as described in section 

6 149(b), any county within the area was also 

7 designated under section 107 of the Clean Air 

8 Act (42 U.S.C. 7407) as a nonattainment or 

9 maintenance area for carbon monoxide, or was 

10 designated under section 107 of the Clean Air 

11 Act (42 U.S.C. 7407) as a nonattainment or 

12 maintenance area for particulate matter, 2.5 

13 micrometers or less, or both, the weighted non14 attainment or maintenance area population of 

15 the county, as determined under clauses (i) 

16 through (vi), or clause (viii), of subparagraph 

17 (A), shall be further multiplied by a factor of 

18 1.2, or a second further factor of 1.2 if the area 

19 is designated as a nonattainment or mainte20 nance area for both carbon monoxide and par21 ticulate matter, 2.5 micrometers or less. 

22 ‘‘(7) EXCEPTIONS FOR CERTAIN STATES.— 

23 ‘‘(A) A State without a nonattainment or 

24 maintenance area shall not be subject to the re25 quirements of this subsection. 


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1 ‘‘(B) The amount of funds required to be 

2 set aside under paragraph (1) in a State that 

3 received a minimum apportionment for fiscal 

4 year 2009 under section 104(b)(2)(D), as in ef5 fect on the day before the date of enactment of 

6 the MAP–21, shall be based on the amount of 

7 funds such State would otherwise have been ap8 portioned under section 104(b)(4) (excluding 

9 the amount of funds reserved under subsection 

10 (l)) but for the minimum apportionment in fis11 cal year 2009. 

12 ‘‘(k) PERFORMANCE PLAN.— 

13 ‘‘(1) IN GENERAL.—Each tier I metropolitan 

14 planning organization (as defined in section 134) 

15 representing a nonattainment or maintenance area 

16 shall develop a performance plan that— 

17 ‘‘(A) includes an area baseline level for 

18 traffic congestion and on-road mobile source 

19 emissions for which the area is in nonattain20 ment or maintenance; 

21 ‘‘(B) identifies air quality and traffic con22 gestion target levels based on measures estab23 lished by the Secretary; and 

24 ‘‘(C) includes a description of projects 

25 identified for funding under this section and a 


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1 description of how such projects will contribute 

2 to achieving emission and traffic congestion re3 duction targets. 

4 ‘‘(2) UPDATED PLANS.— 

5 ‘‘(A) IN GENERAL.—Performance plans 

6 shall be updated on the schedule required under 

7 paragraph (3). 

8 ‘‘(B) CONTENTS.—An updated plan shall 

9 include a separate report that assesses the 

10 progress of the program of projects under the 

11 previous plan in achieving the air quality and 

12 traffic congestion targets of the previous plan. 

13 ‘‘(3) RULEMAKING.—Not later than 18 months 

14 after the date of enactment of the MAP–21, the Sec15 retary shall promulgate regulations to implement 

16 this subsection that identify performance measures 

17 for traffic congestion and on-road mobile source 

18 emissions, timelines for performance plans, and re19 quirements under this section for assessing the im20 plementation of projects carried out under this sec21 tion. 

22 ‘‘(l) ADDITIONAL ACTIVITIES.— 

23 ‘‘(1) RESERVATION OF FUNDS.—Of the funds 

24 apportioned to a State under section 104(b)(4), a 

25 State shall reserve the amount of funds attributable 


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1 to the inclusion of the 10 percent of surface trans2 portation program funds apportioned to such State 

3 for fiscal year 2009 in the formula under section 

4 104(b)(4) for projects under this subsection. 

5 ‘‘(2) ELIGIBLE PROJECTS.—A State may obli6 gate the funds reserved under this subsection for 

7 any of the following projects or activities: 

8 ‘‘(A) Transportation enhancements, as de9 fined in section 101. 

10 ‘‘(B) The recreational trails program under 

11 section 206. 

12 ‘‘(C) The safe routes to school program 

13 under section 1404 of the SAFETEA–LU (23 

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

15 ‘‘(D) Planning, designing, or constructing 

16 boulevards and other roadways largely in the 

17 right-of-way of former Interstate System routes 

18 or other divided highways. 

19 ‘‘(3) ALLOCATIONS OF FUNDS.— 

20 ‘‘(A) CALCULATION.—Of the funds re21 served in a State under this subsection— 

22 ‘‘(i) 50 percent for a fiscal year shall 

23 be obligated under this subsection to any 

24 eligible entity in proportion to their relative 

25 shares of the population of the State— 


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1 ‘‘(I) in urbanized areas of the 

2 State with an urbanized area popu3 lation of over 200,000; 

4 ‘‘(II) in areas of the State other 

5 than urban areas with a population 

6 greater than 5,000; and 

7 ‘‘(III) in other areas of the State; 

8 and 

9 ‘‘(ii) 50 percent shall be obligated in 

10 any area of the State. 

11 ‘‘(B) METROPOLITAN AREAS.—Funds at12 tributed to an urbanized area under subpara13 graph (A)(i)(I) may be obligated in the metro14 politan area established under section 134 that 

15 encompasses the urbanized area. 

16 ‘‘(C) DISTRIBUTION AMONG URBANIZED

17 AREAS OF OVER 200,000 POPULATION.— 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in subparagraph (A)(ii), the amount 

20 of funds that a State is required to obli21 gate under subparagraph (A)(i)(I) shall be 

22 obligated in urbanized areas described in 

23 subparagraph (A)(i)(I) based on the rel24 ative population of the areas. 


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1 ‘‘(ii) OTHER FACTORS.—The State 

2 may obligate the funds described in clause 

3 (i) based on other factors if the State and 

4 the relevant metropolitan planning organi5 zations jointly apply to the Secretary for 

6 the permission to base the obligation on 

7 other factors and the Secretary grants the 

8 request. 

9 ‘‘(D) ACCESS TO FUNDS.— 

10 ‘‘(i) IN GENERAL.—Each State or 

11 metropolitan planning organization re12 quired to obligate funds in accordance with 

13 subparagraph (A) shall develop a competi14 tive process to allow eligible entities to sub15 mit projects for funding that achieve the 

16 objectives of this subsection. 

17 ‘‘(ii) DEFINITION OF ELIGIBLE ENTI18 TY.—In this subsection, the term ‘eligible 

19 entity’ means— 

20 ‘‘(I) a local government; 

21 ‘‘(II) a regional transportation 

22 authority; 

23 ‘‘(III) a transit agency; 

24 ‘‘(IV) a natural resource or pub25 lic land agency; 


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1 ‘‘(V) a school district, local edu2 cation agency, or school; 

3 ‘‘(VI) a tribal government; and 

4 ‘‘(VII) any other local or regional 

5 governmental entity with responsi6 bility for or oversight of transpor7 tation or recreational trails (other 

8 than a tier I metropolitan planning 

9 organization or a State agency) that 

10 the State determines to be eligible, 

11 consistent with the goals of this sub12 section. 

13 ‘‘(E) SELECTION OF PROJECTS.—Each tier 

14 I and tier II metropolitan planning organization 

15 shall select projects carried out within the 

16 boundaries of the applicable metropolitan plan17 ning area, in consultation with the relevant 

18 State, for funds reserved in a State under this 

19 subsection and suballocated to the metropolitan 

20 planning area under subparagraph (A)(i). 

21 ‘‘(4) FLEXIBILITY OF EXCESS RESERVED

22 FUNDING.—Beginning in the second fiscal year after 

23 the date of enactment of the MAP–21, if on August 

24 1 of that fiscal year the unobligated balance of avail25 able funds apportioned to a State under section 


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1 104(b)(4) and reserved by a State under this sub2 section exceeds 150 percent of such reserved amount 

3 in such fiscal year, the State may thereafter obligate 

4 the amount of excess funds for any activity— 

5 ‘‘(A) that is eligible to receive funding 

6 under this subsection; or 

7 ‘‘(B) for which the Secretary has approved 

8 the obligation of funds for any State under this 

9 section. 

10 ‘‘(5) PROVISION OF ADEQUATE DATA, MOD11 ELING, AND SUPPORT.—In any case in which a 

12 State requests reasonable technical support or other13 wise requests data (including planning models and 

14 other modeling), clarification, or guidance regarding 

15 the content of any final rule or applicable regulation 

16 material to State actions under this section, the Sec17 retary and any other agency shall provide that sup18 port, clarification, or guidance in a timely manner. 

19 ‘‘(6) TREATMENT OF PROJECTS.—Notwith20 standing any other provision of law, projects funded 

21 under this subsection shall be treated as projects on 

22 a Federal-aid highway under this chapter. 

23 ‘‘(7) CONTINUATION OF CERTAIN REC24 REATIONAL TRAILS PROJECTS.—Each State that 

25 does not opt out of this paragraph shall— 


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1 ‘‘(A) obligate an amount of funds reserved 

2 under this section equal to the amount of the 

3 funds apportioned to the State for fiscal year 

4 2009 under section 104(h)(2) for projects relat5 ing to recreational trails under section 206; 

6 ‘‘(B) return 1 percent of those funds to the 

7 Secretary for the administration of that pro8 gram; and 

9 ‘‘(C) comply with the provisions of the ad10 ministration of the recreational trails program 

11 under section 206, including the use of appor12 tioned funds described under subsection 

13 (d)(3)(A) of that section. 

14 ‘‘(8) STATE FLEXIBILITY.—A State may opt 

15 out of the recreational trails program under para16 graph (7) if the Governor of the State notifies the 

17 Secretary not later than 30 days prior to apportion18 ments being made for any fiscal year.’’. 

19 SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PRO20 GRAM. 

21 (a) IN GENERAL.—Section 165 of title 23, United 

22 States Code, is amended to read as follows: 


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1 ‘‘§ 165. Territorial and Puerto Rico highway program 

2 ‘‘(a) DIVISION OF FUNDS.—Of funds made available 

3 in a fiscal year for the territorial and Puerto Rico highway 

4 program— 

5 ‘‘(1) 75 percent shall be for the Puerto Rico 

6 highway program under subsection (b); and 

7 ‘‘(2) 25 percent shall be for the territorial high8 way program under subsection (c). 

9 ‘‘(b) PUERTO RICO HIGHWAY PROGRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall allo11 cate funds made available to carry out this sub12 section to the Commonwealth of Puerto Rico to 

13 carry out a highway program in the Commonwealth. 

14 ‘‘(2) TREATMENT OF FUNDS.—Amounts made 

15 available to carry out this subsection for a fiscal 

16 year shall be administered as follows: 

17 ‘‘(A) APPORTIONMENT.— 

18 ‘‘(i) IN GENERAL.—For the purpose 

19 of imposing any penalty under this title or 

20 title 49, the amounts shall be treated as 

21 being apportioned to Puerto Rico under 

22 sections 104(b) and 144 (as in effect for 

23 fiscal year 1997) for each program funded 

24 under those sections in an amount deter25 mined by multiplying— 


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1 ‘‘(I) the aggregate of the 

2 amounts for the fiscal year; by 

3 ‘‘(II) the proportion that— 

4 ‘‘(aa) the amount of funds 

5 apportioned to Puerto Rico for 

6 each such program for fiscal year 

7 1997; bears to 

8 ‘‘(bb) the total amount of 

9 funds apportioned to Puerto Rico 

10 for all such programs for fiscal 

11 year 1997. 

12 ‘‘(ii) EXCEPTION.—Funds identified 

13 under clause (i) as having been appor14 tioned for the national highway system, the 

15 surface transportation program, and the 

16 Interstate maintenance program shall be 

17 deemed to have been apportioned 50 per18 cent for the national highway performance 

19 program and 50 percent for the transpor20 tation mobility program for purposes of 

21 imposing such penalties. 

22 ‘‘(B) PENALTY.—The amounts treated as 

23 being apportioned to Puerto Rico under each 

24 section referred to in subparagraph (A) shall be 

25 deemed to be required to be apportioned to 


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1 Puerto Rico under that section for purposes of 

2 the imposition of any penalty under this title or 

3 title 49. 

4 ‘‘(C) ELIGIBLE USES OF FUNDS.—Of 

5 amounts allocated to Puerto Rico for the Puer6 to Rico Highway Program for a fiscal year— 

7 ‘‘(i) at least 50 percent shall be avail8 able only for purposes eligible under sec9 tion 119; 

10 ‘‘(ii) at least 25 percent shall be avail11 able only for purposes eligible under sec12 tion 148; and 

13 ‘‘(iii) any remaining funds may be ob14 ligated for activities eligible under chapter 

15 1. 

16 ‘‘(3) EFFECT ON APPORTIONMENTS.—Except 

17 as otherwise specifically provided, Puerto Rico shall 

18 not be eligible to receive funds apportioned to States 

19 under this title. 

20 ‘‘(c) TERRITORIAL HIGHWAY PROGRAM.— 

21 ‘‘(1) TERRITORY DEFINED.—In this subsection, 

22 the term ‘territory’ means any of the following terri23 tories of the United States: 

24 ‘‘(A) American Samoa. 


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1 ‘‘(B) The Commonwealth of the Northern 

2 Mariana Islands. 

3 ‘‘(C) Guam. 

4 ‘‘(D) The United States Virgin Islands. 

5 ‘‘(2) PROGRAM.— 

6 ‘‘(A) IN GENERAL.—Recognizing the mu7 tual benefits that will accrue to the territories 

8 and the United States from the improvement of 

9 highways in the territories, the Secretary may 

10 carry out a program to assist each government 

11 of a territory in the construction and improve12 ment of a system of arterial and collector high13 ways, and necessary inter-island connectors, 

14 that is— 

15 ‘‘(i) designated by the Governor or 

16 chief executive officer of each territory; 

17 and 

18 ‘‘(ii) approved by the Secretary. 

19 ‘‘(B) FEDERAL SHARE.—The Federal 

20 share of Federal financial assistance provided 

21 to territories under this subsection shall be in 

22 accordance with section 120(g). 

23 ‘‘(3) TECHNICAL ASSISTANCE.— 

24 ‘‘(A) IN GENERAL.—To continue a long25 range highway development program, the SecVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 retary may provide technical assistance to the 

2 governments of the territories to enable the ter3 ritories, on a continuing basis— 

4 ‘‘(i) to engage in highway planning; 

5 ‘‘(ii) to conduct environmental evalua6 tions; 

7 ‘‘(iii) to administer right-of-way acqui8 sition and relocation assistance programs; 

9 and 

10 ‘‘(iv) to design, construct, operate, 

11 and maintain a system of arterial and col12 lector highways, including necessary inter13 island connectors. 

14 ‘‘(B) FORM AND TERMS OF ASSISTANCE.— 

15 Technical assistance provided under subpara16 graph (A), and the terms for the sharing of in17 formation among territories receiving the tech18 nical assistance, shall be included in the agree19 ment required by paragraph (5). 

20 ‘‘(4) NONAPPLICABILITY OF CERTAIN PROVI21 SIONS.— 

22 ‘‘(A) IN GENERAL.—Except to the extent 

23 that provisions of this chapter are determined 

24 by the Secretary to be inconsistent with the 

25 needs of the territories and the intent of this 


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1 subsection, this chapter (other than provisions 

2 of this chapter relating to the apportionment 

3 and allocation of funds) shall apply to funds 

4 made available under this subsection. 

5 ‘‘(B) APPLICABLE PROVISIONS.—The 

6 agreement required by paragraph (5) for each 

7 territory shall identify the sections of this chap8 ter that are applicable to that territory and the 

9 extent of the applicability of those sections. 

10 ‘‘(5) AGREEMENT.— 

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

12 subparagraph (D), none of the funds made 

13 available under this subsection shall be available 

14 for obligation or expenditure with respect to 

15 any territory until the chief executive officer of 

16 the territory has entered into an agreement (in17 cluding an agreement entered into under sec18 tion 215 as in effect on the day before the en19 actment of this section) with the Secretary pro20 viding that the government of the territory 

21 shall— 

22 ‘‘(i) implement the program in accord23 ance with applicable provisions of this 

24 chapter and paragraph (4); 


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1 ‘‘(ii) design and construct a system of 

2 arterial and collector highways, including 

3 necessary inter-island connectors, in ac4 cordance with standards that are— 

5 ‘‘(I) appropriate for each terri6 tory; and 

7 ‘‘(II) approved by the Secretary; 

8 ‘‘(iii) provide for the maintenance of 

9 facilities constructed or operated under 

10 this subsection in a condition to adequately 

11 serve the needs of present and future traf12 fic; and 

13 ‘‘(iv) implement standards for traffic 

14 operations and uniform traffic control de15 vices that are approved by the Secretary. 

16 ‘‘(B) TECHNICAL ASSISTANCE.—The 

17 agreement required by subparagraph (A) 

18 shall— 

19 ‘‘(i) specify the kind of technical as20 sistance to be provided under the program; 

21 ‘‘(ii) include appropriate provisions re22 garding information sharing among the 

23 territories; and 


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1 ‘‘(iii) delineate the oversight role and 

2 responsibilities of the territories and the 

3 Secretary. 

4 ‘‘(C) REVIEW AND REVISION OF AGREE5 MENT.—The agreement entered into under sub6 paragraph (A) shall be reevaluated and, as nec7 essary, revised, at least every 2 years. 

8 ‘‘(D) EXISTING AGREEMENTS.—With re9 spect to an agreement under this subsection or 

10 an agreement entered into under section 215 of 

11 this title as in effect on the day before the date 

12 of enactment of this subsection— 

13 ‘‘(i) the agreement shall continue in 

14 force until replaced by an agreement en15 tered into in accordance with subparagraph 

16 (A); and 

17 ‘‘(ii) amounts made available under 

18 this subsection under the existing agree19 ment shall be available for obligation or ex20 penditure so long as the agreement, or the 

21 existing agreement entered into under sub22 paragraph (A), is in effect. 

23 ‘‘(6) ELIGIBLE USES OF FUNDS.— 

24 ‘‘(A) IN GENERAL.—Funds made available 

25 under this subsection may be used only for the 


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1 following projects and activities carried out in a 

2 territory: 

3 ‘‘(i) Eligible transportation mobility 

4 program projects described in section 

5 133(c). 

6 ‘‘(ii) Cost-effective, preventive mainte7 nance consistent with section 116(d). 

8 ‘‘(iii) Ferry boats, terminal facilities, 

9 and approaches, in accordance with sub10 sections (b) and (c) of section 129. 

11 ‘‘(iv) Engineering and economic sur12 veys and investigations for the planning, 

13 and the financing, of future highway pro14 grams. 

15 ‘‘(v) Studies of the economy, safety, 

16 and convenience of highway use. 

17 ‘‘(vi) The regulation and equitable 

18 taxation of highway use. 

19 ‘‘(vii) Such research and development 

20 as are necessary in connection with the 

21 planning, design, and maintenance of the 

22 highway system. 

23 ‘‘(B) PROHIBITION ON USE OF FUNDS FOR

24 ROUTINE MAINTENANCE.—None of the funds 


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1 made available under this subsection shall be 

2 obligated or expended for routine maintenance. 

3 ‘‘(7) LOCATION OF PROJECTS.—Territorial 

4 highway program projects (other than those de5 scribed in paragraphs (2), (4), (7), (8), (14), and 

6 (19) of section 133(c)) may not be undertaken on 

7 roads functionally classified as local.’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) CLERICAL AMENDMENT.—The analysis for 

10 chapter 1 of title 23, United States Code, is amend11 ed by striking the item relating to section 165 and 

12 inserting the following: 

‘‘165. Territorial and Puerto Rico highway program.’’. 

13 (2) OBSOLETE TEXT.—Section 215 of that 

14 title, and the item relating to that section in the 

15 analysis for chapter 2, are repealed. 

16 SEC. 1115. NATIONAL FREIGHT PROGRAM. 

17 (a) IN GENERAL.—Chapter 1 of title 23, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘§ 167. National freight program 

21 ‘‘(a) NATIONAL FREIGHT PROGRAM.—It is the policy 

22 of the United States to improve the condition and per23 formance of the national freight network to ensure that 

24 the national freight network provides the foundation for 


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1 the United States to compete in the global economy and 

2 achieve each goal described in subsection (b). 

3 ‘‘(b) GOALS.—The goals of the national freight pro4 gram are— 

5 ‘‘(1) to invest in infrastructure improvements 

6 and to implement operational improvements that— 

7 ‘‘(A) strengthen the contribution of the na8 tional freight network to the economic competi9 tiveness of the United States; 

10 ‘‘(B) reduce congestion; and 

11 ‘‘(C) increase productivity, particularly for 

12 domestic industries and businesses that create 

13 high-value jobs; 

14 ‘‘(2) to reduce the environmental impacts of 

15 freight movement on the national freight network; 

16 ‘‘(3) to improve the safety, security, and resil17 ience of freight transportation; 

18 ‘‘(4) to improve the state of good repair of the 

19 national freight network; 

20 ‘‘(5) to use advanced technology to improve the 

21 safety and efficiency of the national freight network; 

22 ‘‘(6) to incorporate concepts of performance, in23 novation, competition, and accountability into the 

24 operation and maintenance of the national freight 

25 network; and 


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1 ‘‘(7) to improve the economic efficiency of the 

2 national freight network. 

3 ‘‘(c) ESTABLISHMENT OF PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall estab5 lish and implement a national freight program in ac6 cordance with this section to strategically direct 

7 Federal resources toward improved system perform8 ance for efficient movement of freight on highways, 

9 including national highway system freight inter10 modal connectors and aerotropolis transportation 

11 systems. 

12 ‘‘(2) NETWORK COMPONENTS.—The national 

13 freight network shall consist of— 

14 ‘‘(A) the primary freight network, as des15 ignated by the Secretary under subsection (f) 

16 (referred to in this section as the ‘primary 

17 freight network’) as most critical to the move18 ment of freight; 

19 ‘‘(B) the portions of the Interstate System 

20 not designated as part of the primary freight 

21 network; and 

22 ‘‘(C) critical rural freight corridors estab23 lished under subsection (g). 

24 ‘‘(d) USE OF APPORTIONED FUNDS.— 


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1 ‘‘(1) PROJECTS ON THE NATIONAL FREIGHT

2 NETWORK.—At a minimum, following designation of 

3 the primary freight network under subsection (f), a 

4 State shall obligate funds apportioned under section 

5 104(b)(5) to improve the movement of freight on the 

6 national freight network. 

7 ‘‘(2) LOCATION OF PROJECTS.—A project car8 ried out using funds apportioned under paragraph 

9 (1) shall be located— 

10 ‘‘(A) on the primary freight network as de11 scribed under subsection (f); 

12 ‘‘(B) on a portion of the Interstate System 

13 not designated as primary freight network; 

14 ‘‘(C) on roads off of the Interstate System 

15 or primary freight network, if that use of funds 

16 will provide— 

17 ‘‘(i) a more significant improvement 

18 to freight movement on the Interstate Sys19 tem or the primary freight network; 

20 ‘‘(ii) critical freight access to the 

21 Interstate System or the primary freight 

22 network; or 

23 ‘‘(iii) mitigation of the congestion im24 pacts from freight movement; 


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1 ‘‘(D) on a national highway system freight 

2 intermodal connector; 

3 ‘‘(E) on critical rural freight corridors, as 

4 designated under subsection (g) (except that 

5 not more than 20 percent of the total antici6 pated apportionment of a State under section 

7 104(b)(5) during fiscal years 2012 and 2013 

8 may be used for projects on critical rural 

9 freight corridors); or 

10 ‘‘(F) within the boundaries of public and 

11 private intermodal facilities, but shall only in12 clude surface infrastructure necessary to facili13 tate direct intermodal interchange, transfer, 

14 and access into and out of the facility. 

15 ‘‘(3) PRIMARY FREIGHT NETWORK FUNDING.— 

16 Beginning for each fiscal year after the Secretary 

17 designates the primary freight network, a State shall 

18 obligate from funds apportioned under section 

19 104(b)(5) for the primary freight network the lesser 

20 of— 

21 ‘‘(A) an amount equal to the product ob22 tained by multiplying— 

23 ‘‘(i) an amount equal to 110 percent 

24 of the apportionment of the State for the 

25 fiscal year under section 104(b)(5); and 


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1 ‘‘(ii) the proportion that— 

2 ‘‘(I) the total designated primary 

3 freight network mileage of the State; 

4 bears to 

5 ‘‘(II) the sum of the designated 

6 primary freight network mileage of 

7 the State and the total Interstate sys8 tem mileage of the State that is not 

9 designated as part of the primary 

10 freight network; or 

11 ‘‘(B) an amount equal to the total appor12 tionment of the State under section 104(b)(5). 

13 ‘‘(e) ELIGIBILITY.— 

14 ‘‘(1) ELIGIBLE PROJECTS.—To be eligible for 

15 funding under this section, a project shall dem16 onstrate the improvement made by the project to the 

17 efficient movement of freight on the national freight 

18 network. 

19 ‘‘(2) FREIGHT RAIL AND MARITIME

20 PROJECTS.— 

21 ‘‘(A) IN GENERAL.—A State may obligate 

22 an amount equal to not more than 10 percent 

23 of the total apportionment to the State under 

24 section 104(b)(5) over the period of fiscal years 


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1 2012 and 2013 for public or private freight rail 

2 or maritime projects. 

3 ‘‘(B) ELIGIBILITY.—For a State to be eli4 gible to obligate funds in the manner described 

5 in subparagraph (A), the Secretary shall concur 

6 with the State that— 

7 ‘‘(i) the project for which the State 

8 seeks to obligate funds under this para9 graph would make freight rail improve10 ments to enhance cross-border commerce 

11 within 5 miles of the international border 

12 between the United States and Canada or 

13 Mexico or make significant improvement to 

14 freight movements on the national freight 

15 network; and 

16 ‘‘(ii) the public benefit of the 

17 project— 

18 ‘‘(I) exceeds the Federal invest19 ment; and 

20 ‘‘(II) provides a better return 

21 than a highway project on a segment 

22 of the primary freight network. 

23 ‘‘(3) ELIGIBLE PROJECT COSTS.—A State may 

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1 tion 104(b)(5) for the national freight program for 

2 any of the following costs of an eligible project: 

3 ‘‘(A) Development phase activities, includ4 ing planning, feasibility analysis, revenue fore5 casting, environmental review, preliminary engi6 neering and design work, and other 

7 preconstruction activities. 

8 ‘‘(B) Construction, reconstruction, rehabili9 tation, acquisition of real property (including 

10 land relating to the project and improvements 

11 to land), construction contingencies, acquisition 

12 of equipment, and operational improvements di13 rectly relating to improving system perform14 ance, including but not limited to any segment 

15 of the primary freight network that falls below 

16 the minimum level established pursuant to sec17 tion 119(f). 

18 ‘‘(C) Intelligent transportation systems 

19 and other technology to improve the flow of 

20 freight. 

21 ‘‘(D) Efforts to reduce the environmental 

22 impacts of freight movement on the national 

23 freight network. 

24 ‘‘(E) Environmental mitigation. 

25 ‘‘(F) Railway-highway grade separation. 


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1 ‘‘(G) Geometric improvements to inter2 changes and ramps. 

3 ‘‘(H) Truck-only lanes. 

4 ‘‘(I) Climbing and runaway truck lanes. 

5 ‘‘(J) Adding or widening of shoulders. 

6 ‘‘(K) Truck parking facilities eligible for 

7 funding under section 1401 of the MAP–21. 

8 ‘‘(L) Real-time traffic, truck parking, 

9 roadway condition, and multimodal transpor10 tation information systems. 

11 ‘‘(M) Electronic screening and 

12 credentialing systems for vehicles, including 

13 weigh-in-motion truck inspection technologies. 

14 ‘‘(N) Traffic signal optimization including 

15 synchronized and adaptive signals. 

16 ‘‘(O) Work zone management and informa17 tion systems. 

18 ‘‘(P) Highway ramp metering. 

19 ‘‘(Q) Electronic cargo and border security 

20 technologies that improve truck freight move21 ment. 

22 ‘‘(R) Intelligent transportation systems 

23 that would increase truck freight efficiencies in24 side the boundaries of intermodal facilities. 


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1 ‘‘(S) Any other activities to improve the 

2 flow of freight on the national freight network. 

3 ‘‘(4) OTHER ELIGIBLE COSTS.—In addition to 

4 eligible project costs, a State may use funds appor5 tioned under section 104(b)(5) for— 

6 ‘‘(A) carrying out diesel retrofit or alter7 native fuel projects defined in section 149 for 

8 class 8 vehicles; or 

9 ‘‘(B) the necessary costs of— 

10 ‘‘(i) conducting analyses and data col11 lection; 

12 ‘‘(ii) developing and updating per13 formance targets to carry out this section; 

14 or 

15 ‘‘(iii) reporting to the Secretary to 

16 comply with subsection (i). 

17 ‘‘(5) ELIGIBLE PROJECT COSTS PRIOR TO DES18 IGNATION OF THE PRIMARY FREIGHT NETWORK.— 

19 Prior to the date of designation of the primary 

20 freight network, a State may obligate funds appor21 tioned to the State under section 104(b)(5) to im22 prove freight movement on the Interstate System 

23 for— 


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1 ‘‘(A) construction, reconstruction, resur2 facing, restoration, and rehabilitation of seg3 ments of the Interstate System; 

4 ‘‘(B) operational improvements for seg5 ments of the Interstate System; 

6 ‘‘(C) construction of, and operational im7 provements for, a Federal-aid highway not on 

8 the Interstate System, and construction of a 

9 transit project eligible for assistance under 

10 chapter 53 of title 49, United States Code, if— 

11 ‘‘(i) the highway or transit project is 

12 in the same corridor as, and in proximity 

13 to a highway designated as a part of, the 

14 Interstate System; 

15 ‘‘(ii) the construction or improvements 

16 would improve the level of service on the 

17 Interstate System described in subpara18 graph (A) and improve freight traffic flow; 

19 and 

20 ‘‘(iii) the construction or improve21 ments are more cost-effective for freight 

22 movement than an improvement to the 

23 Interstate System described in subpara24 graph (A); 


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1 ‘‘(D) highway safety improvements for seg2 ments of the Interstate System; 

3 ‘‘(E) transportation planning in accordance 

4 with sections 134 and 135; 

5 ‘‘(F) the costs of conducting analysis and 

6 data collection to comply with this section; 

7 ‘‘(G) truck parking facilities eligible for 

8 funding under section 1401 of the MAP–21; 

9 ‘‘(H) infrastructure-based intelligent trans10 portation systems capital improvements; 

11 ‘‘(I) environmental restoration and pollu12 tion abatement in accordance with section 328; 

13 and 

14 ‘‘(J) in accordance with all applicable Fed15 eral law (including regulations), participation in 

16 natural habitat and wetlands mitigation efforts 

17 relating to projects funded under this title, 

18 which may include participation in natural habi19 tat and wetlands mitigation banks, contribu20 tions to statewide and regional efforts to con21 serve, restore, enhance, and create natural habi22 tats and wetlands, and development of state23 wide and regional natural habitat and wetlands 

24 conservation and mitigation plans, including 

25 any such banks, efforts, and plans developed in 


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1 accordance with applicable Federal law (includ2 ing regulations), on the conditions that— 

3 ‘‘(i) contributions to those mitigation 

4 efforts may— 

5 ‘‘(I) take place concurrent with 

6 or in advance of project construction; 

7 and 

8 ‘‘(II) occur in advance of project 

9 construction only if the efforts are 

10 consistent with all applicable require11 ments of Federal law (including regu12 lations) and State transportation 

13 planning processes; and 

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

15 natural habitat or wetland mitigation ef16 fort relating to a project funded under this 

17 title that has an impact that occurs within 

18 the service area of a mitigation bank, pref19 erence is given, to the maximum extent 

20 practicable, to the use of the mitigation 

21 bank if the bank contains sufficient avail22 able credits to offset the impact and the 

23 bank is approved in accordance with appli24 cable Federal law (including regulations). 


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1 ‘‘(f) DESIGNATION OF PRIMARY FREIGHT NET2 WORK.— 

3 ‘‘(1) INITIAL DESIGNATION OF PRIMARY

4 FREIGHT NETWORK.— 

5 ‘‘(A) DESIGNATION.—Not later than 1 

6 year after the date of enactment of this section, 

7 the Secretary shall designate a primary freight 

8 network— 

9 ‘‘(i) based on an inventory of national 

10 freight volume conducted by the Adminis11 trator of the Federal Highway Administra12 tion, in consultation with stakeholders, in13 cluding system users, transport providers, 

14 and States; and 

15 ‘‘(ii) that shall be comprised of not 

16 more than 27,000 centerline miles of exist17 ing roadways that are most critical to the 

18 movement of freight. 

19 ‘‘(B) FACTORS FOR DESIGNATION.—In 

20 designating the primary freight network, the 

21 Secretary shall consider— 

22 ‘‘(i) the origins and destinations of 

23 freight movement in the United States; 


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1 ‘‘(ii) the total freight tonnage and 

2 value of freight moved by all modes of 

3 transportation; 

4 ‘‘(iii) the percentage of annual aver5 age daily truck traffic in the annual aver6 age daily traffic on principal arterials; 

7 ‘‘(iv) the annual average daily truck 

8 traffic on principal arterials; 

9 ‘‘(v) land and maritime ports of entry; 

10 ‘‘(vi) population centers; and 

11 ‘‘(vii) network connectivity. 

12 ‘‘(2) ADDITIONAL MILES ON PRIMARY FREIGHT

13 NETWORK.—In addition to the miles initially des14 ignated under paragraph (1), the Secretary may in15 crease the number of miles designated as part of the 

16 primary freight network by not more than 3,000 ad17 ditional centerline miles of roadways (which may in18 clude existing or planned roads) critical to future ef19 ficient movement of goods on the primary freight 

20 network. 

21 ‘‘(3) REDESIGNATION OF PRIMARY FREIGHT

22 NETWORK.—During calendar year 2015 and every 

23 10 years thereafter, using the designation factors de24 scribed in paragraph (1), the Secretary shall redesigVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 nate the primary freight network (including addi2 tional mileage described in subsection (f)(2)). 

3 ‘‘(g) CRITICAL RURAL FREIGHT CORRIDORS.—A 

4 State may designate a road within the borders of the State 

5 as a critical rural freight corridor if the road— 

6 ‘‘(1) is a rural principal arterial roadway and 

7 has a minimum of 25 percent of the annual average 

8 daily traffic of the road measured in passenger vehi9 cle equivalent units from trucks (FHWA vehicle 

10 class 8 to 13); or 

11 ‘‘(2) connects the primary freight network, a 

12 roadway described in paragraph (1), or Interstate 

13 System to facilities that handle more than— 

14 ‘‘(A) 50,000 20-foot equivalent units per 

15 year; or 

16 ‘‘(B) 500,000 tons per year of bulk com17 modities. 

18 ‘‘(h) NATIONAL FREIGHT STRATEGIC PLAN.— 

19 ‘‘(1) INITIAL DEVELOPMENT OF NATIONAL

20 FREIGHT STRATEGIC PLAN.—Not later than 3 years 

21 after the date of enactment of this section, the Sec22 retary shall, in consultation with appropriate public 

23 and private transportation stakeholders, develop and 

24 post on the Department of Transportation public 


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1 website a national freight strategic plan that shall 

2 include— 

3 ‘‘(A) an assessment of the condition and 

4 performance of the national freight network; 

5 ‘‘(B) an identification of highway bottle6 necks on the national freight network that cre7 ate significant freight congestion problems, 

8 based on a quantitative methodology developed 

9 by the Secretary, which shall, at a minimum, 

10 include information from the Freight Analysis 

11 Network of the Federal Highway Administra12 tion; 

13 ‘‘(C) forecasts of freight volumes for the 

14 20-year period beginning in the year during 

15 which the plan is issued; 

16 ‘‘(D) an identification of major trade gate17 ways and national freight corridors that connect 

18 major population centers, trade gateways, and 

19 other major freight generators for current and 

20 forecasted traffic and freight volumes, the iden21 tification of which shall be revised, as appro22 priate, in subsequent plans; 

23 ‘‘(E) an assessment of statutory, regu24 latory, technological, institutional, financial, 

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1 tation performance (including opportunities for 

2 overcoming the barriers); 

3 ‘‘(F) best practices for improving the per4 formance of the national freight network; 

5 ‘‘(G) best practices to mitigate the impacts 

6 of freight movement on communities; 

7 ‘‘(H) a process for addressing multistate 

8 projects and encouraging jurisdictions to col9 laborate; and 

10 ‘‘(I) strategies to improve maritime, freight 

11 rail, and freight intermodal connectivity. 

12 ‘‘(2) UPDATES TO NATIONAL FREIGHT STRA13 TEGIC PLAN.—Not later than 5 years after the date 

14 of completion of the first national freight strategic 

15 plan under paragraph (1), and every 5 years there16 after, the Secretary shall update and repost on the 

17 Department of Transportation public website a re18 vised national freight strategic plan. 

19 ‘‘(i) FREIGHT PERFORMANCE TARGETS.— 

20 ‘‘(1) RULEMAKING.—Not later than 2 years 

21 after the date of enactment of this section, the Sec22 retary, in consultation with State departments of 

23 transportation and other appropriate public and pri24 vate transportation stakeholders, shall publish a 

25 rulemaking that establishes performance measures 


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1 for freight movement on the primary freight net2 work. 

3 ‘‘(2) STATE TARGETS AND REPORTING.—Not 

4 later than 1 year after the date on which the Sec5 retary publishes the rulemaking under paragraph 

6 (1), each State shall— 

7 ‘‘(A) develop and periodically update State 

8 performance targets for freight movement on 

9 the primary freight network— 

10 ‘‘(i) in consultation with appropriate 

11 public and private stakeholders; and 

12 ‘‘(ii) using measures determined by 

13 the Secretary; and 

14 ‘‘(B) for every 2-year period, submit to the 

15 Secretary a report that contains a description 

16 of— 

17 ‘‘(i) the progress of the State toward 

18 meeting the targets; and 

19 ‘‘(ii) the ways in which the State is 

20 addressing congestion at freight bottle21 necks within the State. 

22 ‘‘(3) COMPLIANCE.— 

23 ‘‘(A) PERFORMANCE TARGETS.—To obli24 gate funding apportioned under section 


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1 104(b)(5), each State shall develop performance 

2 targets in accordance with paragraph (2). 

3 ‘‘(B) DETERMINATION OF SECRETARY.—If 

4 the Secretary determines that a State has not 

5 met or made significant progress toward meet6 ing the performance targets of the State by the 

7 date that is 2 years after the date of establish8 ment of the performance targets, until the date 

9 on which the Secretary determines that the 

10 State has met (or has made significant progress 

11 towards meeting) the State performance tar12 gets, the State shall submit to the Secretary, on 

13 a biennial basis, a freight performance improve14 ment plan that includes— 

15 ‘‘(i) an identification of significant 

16 freight system trends, needs, and issues 

17 within the State; 

18 ‘‘(ii) a description of the freight poli19 cies and strategies that will guide the 

20 freight-related transportation investments 

21 of the State; 

22 ‘‘(iii) an inventory of freight bottle23 necks within the State and a description of 

24 the ways in which the State is allocating 

25 funds to improve those bottlenecks; and 


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1 ‘‘(iv) a description of the actions the 

2 State will undertake to meet the perform3 ance targets of the State. 

4 ‘‘(j) FREIGHT TRANSPORTATION CONDITIONS AND

5 PERFORMANCE REPORTS.—Not later than 2 years after 

6 the date of enactment of this section, and biennially there7 after, the Secretary shall prepare a report that contains 

8 a description of the conditions and performance of the na9 tional freight network in the United States. 

10 ‘‘(k) TRANSPORTATION INVESTMENT DATA AND

11 PLANNING TOOLS.— 

12 ‘‘(1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this section, the Secretary 

14 shall— 

15 ‘‘(A) begin development of new tools and 

16 improvement of existing tools or improve exist17 ing tools to support an outcome-oriented, per18 formance-based approach to evaluate proposed 

19 freight-related and other transportation 

20 projects, including— 

21 ‘‘(i) methodologies for systematic 

22 analysis of benefits and costs; 

23 ‘‘(ii) tools for ensuring that the eval24 uation of freight-related and other trans25 portation projects could consider safety, 


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1 economic competitiveness, environmental 

2 sustainability, and system condition in the 

3 project selection process; and 

4 ‘‘(iii) other elements to assist in effec5 tive transportation planning; 

6 ‘‘(B) identify transportation-related model 

7 data elements to support a broad range of eval8 uation methods and techniques to assist in 

9 making transportation investment decisions; 

10 and 

11 ‘‘(C) at a minimum, in consultation with 

12 other relevant Federal agencies, consider any 

13 improvements to existing freight flow data col14 lection efforts that could reduce identified 

15 freight data gaps and deficiencies and help im16 prove forecasts of freight transportation de17 mand. 

18 ‘‘(2) CONSULTATION.—The Secretary shall con19 sult with Federal, State, and other stakeholders to 

20 develop, improve, and implement the tools and col21 lect the data in paragraph (1). 

22 ‘‘(l) DEFINITION OF AEROTROPOLIS TRANSPOR23 TATION SYSTEM.—For the purposes of this section, the 

24 term ‘aerotropolis transportation system’ means a planned 

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1 portation network that, as determined by the Secretary, 

2 provides efficient, cost-effective, sustainable, and inter3 modal connectivity to a defined region of economic signifi4 cance centered around a major airport. 

5 ‘‘(m) TREATMENT OF PROJECTS.—Notwithstanding 

6 any other provision of law, projects funded under this sec7 tion shall be treated as projects on a Federal-aid highway 

8 under this chapter.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

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

11 adding at the end the following: 

‘‘167. National freight program.’’. 

12 SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION 

13 PROGRAMS. 

14 (a) IN GENERAL.—Chapter 2 of title 23, United 

15 States Code, is amended by striking sections 201 through 

16 204 and inserting the following: 

17 ‘‘§ 201. Federal lands and tribal transportation pro18 grams 

19 ‘‘(a) PURPOSE.—Recognizing the need for all public 

20 Federal and tribal transportation facilities to be treated 

21 under uniform policies similar to the policies that apply 

22 to Federal-aid highways and other public transportation 

23 facilities, the Secretary of Transportation, in collaboration 

24 with the Secretaries of the appropriate Federal land man25 agement agencies, shall coordinate a uniform policy for all 


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1 public Federal and tribal transportation facilities that 

2 shall apply to Federal lands transportation facilities, tribal 

3 transportation facilities, and Federal lands access trans4 portation facilities. 

5 ‘‘(b) AVAILABILITY OF FUNDS.— 

6 ‘‘(1) AVAILABILITY.—Funds authorized for the 

7 tribal transportation program, the Federal lands 

8 transportation program, and the Federal lands ac9 cess program shall be available for contract upon ap10 portionment, or on October 1 of the fiscal year for 

11 which the funds were authorized if no apportionment 

12 is required. 

13 ‘‘(2) AMOUNT REMAINING.—Any amount re14 maining unexpended for a period of 3 years after the 

15 close of the fiscal year for which the funds were au16 thorized shall lapse. 

17 ‘‘(3) OBLIGATIONS.—The Secretary of the de18 partment responsible for the administration of funds 

19 under this subsection may incur obligations, approve 

20 projects, and enter into contracts under such author21 izations, which shall be considered to be contractual 

22 obligations of the United States for the payment of 

23 the cost thereof, the funds of which shall be consid24 ered to have been expended when obligated. 

25 ‘‘(4) EXPENDITURE.— 


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1 ‘‘(A) IN GENERAL.—Any funds authorized 

2 for any fiscal year after the date of enactment 

3 of this section under the Federal lands trans4 portation program, the Federal lands access 

5 program, and the tribal transportation program 

6 shall be considered to have been expended if a 

7 sum equal to the total of the sums authorized 

8 for the fiscal year and previous fiscal years have 

9 been obligated. 

10 ‘‘(B) CREDITED FUNDS.—Any funds de11 scribed in subparagraph (A) that are released 

12 by payment of final voucher or modification of 

13 project authorizations shall be— 

14 ‘‘(i) credited to the balance of unobli15 gated authorizations; and 

16 ‘‘(ii) immediately available for expend17 iture. 

18 ‘‘(5) APPLICABILITY.—This section shall not 

19 apply to funds authorized before the date of enact20 ment of this paragraph. 

21 ‘‘(6) CONTRACTUAL OBLIGATION.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other provision of law (including regulations), 

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1 ment agency if the agency is the contracting of2 fice, of engineering and related work for the de3 velopment, design, and acquisition associated 

4 with a construction project, whether performed 

5 by contract or agreement authorized by law, or 

6 the approval by the Secretary of plans, speci7 fications, and estimates for construction of a 

8 project, shall be considered to constitute a con9 tractual obligation of the Federal Government 

10 to pay the total eligible cost of— 

11 ‘‘(i) any project funded under this 

12 title; and 

13 ‘‘(ii) any project funded pursuant to 

14 agreements authorized by this title or any 

15 other title. 

16 ‘‘(B) EFFECT.—Nothing in this para17 graph— 

18 ‘‘(i) affects the application of the Fed19 eral share associated with the project being 

20 undertaken under this section; or 

21 ‘‘(ii) modifies the point of obligation 

22 associated with Federal salaries and ex23 penses. 

24 ‘‘(7) FEDERAL SHARE.— 


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1 ‘‘(A) TRIBAL AND FEDERAL LANDS TRANS2 PORTATION PROGRAM.—The Federal share of 

3 the cost of a project carried out under the Fed4 eral lands transportation program or the tribal 

5 transportation program shall be 100 percent. 

6 ‘‘(B) FEDERAL LANDS ACCESS PRO7 GRAM.—The Federal share of the cost of a 

8 project carried out under the Federal lands ac9 cess program shall be determined in accordance 

10 with section 120. 

11 ‘‘(c) TRANSPORTATION PLANNING.— 

12 ‘‘(1) TRANSPORTATION PLANNING PROCE13 DURES.—In consultation with the Secretary of each 

14 appropriate Federal land management agency, the 

15 Secretary shall implement transportation planning 

16 procedures for Federal lands and tribal transpor17 tation facilities that are consistent with the planning 

18 processes required under sections 134 and 135. 

19 ‘‘(2) APPROVAL OF TRANSPORTATION IMPROVE20 MENT PROGRAM.—The transportation improvement 

21 program developed as a part of the transportation 

22 planning process under this section shall be ap23 proved by the Secretary. 

24 ‘‘(3) INCLUSION IN OTHER PLANS.—Each re25 gionally significant tribal transportation program, 


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1 Federal lands transportation program, and Federal 

2 lands access program project shall be— 

3 ‘‘(A) developed in cooperation with State 

4 and metropolitan planning organizations; and 

5 ‘‘(B) included in appropriate tribal trans6 portation program plans, Federal lands trans7 portation program plans, Federal lands access 

8 program plans, State and metropolitan plans, 

9 and transportation improvement programs. 

10 ‘‘(4) INCLUSION IN STATE PROGRAMS.—The ap11 proved tribal transportation program, Federal lands 

12 transportation program, and Federal lands access 

13 program transportation improvement programs shall 

14 be included in appropriate State and metropolitan 

15 planning organization plans and programs without 

16 further action on the transportation improvement 

17 program. 

18 ‘‘(5) ASSET MANAGEMENT.—The Secretary and 

19 the Secretary of each appropriate Federal land man20 agement agency shall, to the extent appropriate, im21 plement safety, bridge, pavement, and congestion 

22 management systems for facilities funded under the 

23 tribal transportation program and the Federal lands 

24 transportation program in support of asset manage25 ment. 


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1 ‘‘(6) DATA COLLECTION.— 

2 ‘‘(A) DATA COLLECTION.—The Secretaries 

3 of the appropriate Federal land management 

4 agencies shall collect and report data necessary 

5 to implement the Federal lands transportation 

6 program, the Federal lands access program, 

7 and the tribal transportation program, includ8 ing— 

9 ‘‘(i) inventory and condition informa10 tion on Federal lands transportation facili11 ties and tribal transportation facilities; and 

12 ‘‘(ii) bridge inspection and inventory 

13 information on any Federal bridge open to 

14 the public. 

15 ‘‘(B) STANDARDS.—The Secretary, in co16 ordination with the Secretaries of the appro17 priate Federal land management agencies, shall 

18 define the collection and reporting data stand19 ards. 

20 ‘‘(7) ADMINISTRATIVE EXPENSES.—To imple21 ment the activities described in this subsection, in22 cluding direct support of transportation planning ac23 tivities among Federal land management agencies, 

24 the Secretary may use not more than 5 percent for 


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1 each fiscal year of the funds authorized for pro2 grams under sections 203 and 204. 

3 ‘‘(d) REIMBURSABLE AGREEMENTS.—In carrying out 

4 work under reimbursable agreements with any State, local, 

5 or tribal government under this title, the Secretary— 

6 ‘‘(1) may, without regard to any other provision 

7 of law (including regulations), record obligations 

8 against accounts receivable from the entity; and 

9 ‘‘(2) shall credit amounts received from the en10 tity to the appropriate account, which shall occur 

11 not later than 90 days after the date of the original 

12 request by the Secretary for payment. 

13 ‘‘(e) TRANSFERS.— 

14 ‘‘(1) IN GENERAL.—To enable the efficient use 

15 of funds made available for the Federal lands trans16 portation program and the Federal lands access pro17 gram, the funds may be transferred by the Secretary 

18 within and between each program with the concur19 rence of, as appropriate— 

20 ‘‘(A) the Secretary; 

21 ‘‘(B) the affected Secretaries of the respec22 tive Federal land management agencies; 

23 ‘‘(C) State departments of transportation; 

24 and 

25 ‘‘(D) local government agencies. 


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1 ‘‘(2) CREDIT.—The funds described in para2 graph (1) shall be credited back to the loaning entity 

3 with funds that are currently available for obligation 

4 at the time of the credit. 

5 ‘‘§ 202. Tribal transportation program 

6 ‘‘(a) USE OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—Funds made available 

8 under the tribal transportation program shall be 

9 used by the Secretary of Transportation and the 

10 Secretary of the Interior to pay the costs of— 

11 ‘‘(A)(i) transportation planning, research, 

12 maintenance, engineering, rehabilitation, res13 toration, construction, and reconstruction of 

14 tribal transportation facilities; 

15 ‘‘(ii) adjacent vehicular parking areas; 

16 ‘‘(iii) interpretive signage; 

17 ‘‘(iv) acquisition of necessary scenic ease18 ments and scenic or historic sites; 

19 ‘‘(v) provisions for pedestrians and bicy20 cles; 

21 ‘‘(vi) environmental mitigation in or adja22 cent to tribal land— 

23 ‘‘(I) to improve public safety and re24 duce vehicle-caused wildlife mortality while 

25 maintaining habitat connectivity; and 


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1 ‘‘(II) to mitigate the damage to wild2 life, aquatic organism passage, habitat, 

3 and ecosystem connectivity, including the 

4 costs of constructing, maintaining, replac5 ing, or removing culverts and bridges, as 

6 appropriate; 

7 ‘‘(vii) construction and reconstruction of 

8 roadside rest areas, including sanitary and 

9 water facilities; and 

10 ‘‘(viii) other appropriate public road facili11 ties as determined by the Secretary; 

12 ‘‘(B) operation and maintenance of transit 

13 programs and facilities that are located on, or 

14 provide access to, tribal land, or are adminis15 tered by a tribal government; and 

16 ‘‘(C) any transportation project eligible for 

17 assistance under this title that is located within, 

18 or that provides access to, tribal land, or is as19 sociated with a tribal government. 

20 ‘‘(2) CONTRACT.—In connection with an activ21 ity described in paragraph (1), the Secretary and the 

22 Secretary of the Interior may enter into a contract 

23 or other appropriate agreement with respect to the 

24 activity with— 


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1 ‘‘(A) a State (including a political subdivi2 sion of a State); or 

3 ‘‘(B) an Indian tribe. 

4 ‘‘(3) INDIAN LABOR.—Indian labor may be em5 ployed, in accordance with such rules and regula6 tions as may be promulgated by the Secretary of the 

7 Interior, to carry out any construction or other ac8 tivity described in paragraph (1). 

9 ‘‘(4) FEDERAL EMPLOYMENT.—No maximum 

10 limitation on Federal employment shall be applicable 

11 to the construction or improvement of tribal trans12 portation facilities. 

13 ‘‘(5) FUNDS FOR CONSTRUCTION AND IMPROVE14 MENT.—All funds made available for the construc15 tion and improvement of tribal transportation facili16 ties shall be administered in conformity with regula17 tions and agreements jointly approved by the Sec18 retary and the Secretary of the Interior. 

19 ‘‘(6) TRIBAL TECHNICAL ASSISTANCE CEN20 TERS.—The Secretary of the Interior may reserve 

21 amounts from administrative funds of the Bureau of 

22 Indian Affairs that are associated with the tribal 

23 transportation program to fund tribal technical as24 sistance centers under section 504(b). 

25 ‘‘(7) MAINTENANCE.— 


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1 ‘‘(A) USE OF FUNDS.—Notwithstanding 

2 any other provision of this title, of the amount 

3 of funds allocated to an Indian tribe from the 

4 tribal transportation program, for the purpose 

5 of maintenance (excluding road sealing, which 

6 shall not be subject to any limitation), the Sec7 retary shall not use an amount more than the 

8 greater of— 

9 ‘‘(i) an amount equal to 25 percent; 

10 or 

11 ‘‘(ii) $500,000. 

12 ‘‘(B) RESPONSIBILITY OF BUREAU OF IN13 DIAN AFFAIRS AND SECRETARY OF THE INTE14 RIOR.— 

15 ‘‘(i) BUREAU OF INDIAN AFFAIRS.— 

16 The Bureau of Indian Affairs shall retain 

17 primary responsibility, including annual 

18 funding request responsibility, for Bureau 

19 of Indian Affairs road maintenance pro20 grams on Indian reservations. 

21 ‘‘(ii) SECRETARY OF THE INTERIOR.— 

22 The Secretary of the Interior shall ensure 

23 that funding made available under this 

24 subsection for maintenance of tribal trans25 portation facilities for each fiscal year is 


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1 supplementary to, and not in lieu of, any 

2 obligation of funds by the Bureau of In3 dian Affairs for road maintenance pro4 grams on Indian reservations. 

5 ‘‘(C) TRIBAL-STATE ROAD MAINTENANCE

6 AGREEMENTS.— 

7 ‘‘(i) IN GENERAL.—An Indian tribe 

8 and a State may enter into a road mainte9 nance agreement under which an Indian 

10 tribe shall assume the responsibility of the 

11 State for— 

12 ‘‘(I) tribal transportation facili13 ties; and 

14 ‘‘(II) roads providing access to 

15 tribal transportation facilities. 

16 ‘‘(ii) REQUIREMENTS.—Agreements 

17 entered into under clause (i) shall— 

18 ‘‘(I) be negotiated between the 

19 State and the Indian tribe; and 

20 ‘‘(II) not require the approval of 

21 the Secretary. 

22 ‘‘(8) COOPERATION.— 

23 ‘‘(A) IN GENERAL.—The cooperation of 

24 States, counties, or other local subdivisions may 

25 be accepted in construction and improvement. 


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1 ‘‘(B) FUNDS RECEIVED.—Any funds re2 ceived from a State, county, or local subdivision 

3 shall be credited to appropriations available for 

4 the tribal transportation program. 

5 ‘‘(9) COMPETITIVE BIDDING.— 

6 ‘‘(A) CONSTRUCTION.— 

7 ‘‘(i) IN GENERAL.—Subject to clause 

8 (ii) and subparagraph (B), construction of 

9 each project shall be performed by contract 

10 awarded by competitive bidding. 

11 ‘‘(ii) EXCEPTION.—Clause (i) shall 

12 not apply if the Secretary or the Secretary 

13 of the Interior affirmatively finds that, 

14 under the circumstances relating to the 

15 project, a different method is in the public 

16 interest. 

17 ‘‘(B) APPLICABILITY.—Notwithstanding 

18 subparagraph (A), section 23 of the Act of 

19 June 25, 1910 (25 U.S.C. 47) and section 7(b) 

20 of the Indian Self-Determination and Education 

21 Assistance Act (25 U.S.C. 450e(b)) shall apply 

22 to all funds administered by the Secretary of 

23 the Interior that are appropriated for the con24 struction and improvement of tribal transpor25 tation facilities. 


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1 ‘‘(b) FUNDS DISTRIBUTION.— 

2 ‘‘(1) NATIONAL TRIBAL TRANSPORTATION FA3 CILITY INVENTORY.— 

4 ‘‘(A) IN GENERAL.—The Secretary of the 

5 Interior, in cooperation with the Secretary, shall 

6 maintain a comprehensive national inventory of 

7 tribal transportation facilities that are eligible 

8 for assistance under the tribal transportation 

9 program. 

10 ‘‘(B) TRANSPORTATION FACILITIES IN11 CLUDED IN THE INVENTORY.—For purposes of 

12 identifying the tribal transportation system and 

13 determining the relative transportation needs 

14 among Indian tribes, the Secretary shall in15 clude, at a minimum, transportation facilities 

16 that are eligible for assistance under the tribal 

17 transportation program that an Indian tribe 

18 has requested, including facilities that— 

19 ‘‘(i) were included in the Bureau of 

20 Indian Affairs system inventory prior to 

21 October 1, 2004; 

22 ‘‘(ii) are owned by an Indian tribal 

23 government; 

24 ‘‘(iii) are owned by the Bureau of In25 dian Affairs; 


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1 ‘‘(iv) were constructed or recon2 structed with funds from the Highway Ac3 count of the Transportation Trust Fund 

4 under the Indian reservation roads pro5 gram since 1983; 

6 ‘‘(v) are public roads or bridges within 

7 the exterior boundary of Indian reserva8 tions, Alaska Native villages, and other 

9 recognized Indian communities (including 

10 communities in former Indian reservations 

11 in the State of Oklahoma) in which the 

12 majority of residents are American Indians 

13 or Alaska Natives; 

14 ‘‘(vi) are public roads within or pro15 viding access to an Indian reservation or 

16 Indian trust land or restricted Indian land 

17 that is not subject to fee title alienation 

18 without the approval of the Federal Gov19 ernment, or Indian or Alaska Native vil20 lages, groups, or communities in which In21 dians and Alaska Natives reside, whom the 

22 Secretary of the Interior has determined 

23 are eligible for services generally available 

24 to Indians under Federal laws specifically 

25 applicable to Indians; or 


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1 ‘‘(vii) are primary access routes pro2 posed by tribal governments, including 

3 roads between villages, roads to landfills, 

4 roads to drinking water sources, roads to 

5 natural resources identified for economic 

6 development, and roads that provide access 

7 to intermodal terminals, such as airports, 

8 harbors, or boat landings. 

9 ‘‘(C) LIMITATION ON PRIMARY ACCESS

10 ROUTES.—For purposes of this paragraph, a 

11 proposed primary access route is the shortest 

12 practicable route connecting 2 points of the pro13 posed route. 

14 ‘‘(D) ADDITIONAL FACILITIES.—Nothing 

15 in this paragraph precludes the Secretary from 

16 including additional transportation facilities 

17 that are eligible for funding under the tribal 

18 transportation program in the inventory used 

19 for the national funding allocation if such addi20 tional facilities are included in the inventory in 

21 a uniform and consistent manner nationally. 

22 ‘‘(E) BRIDGES.—All bridges in the inven23 tory shall be recorded in the national bridge in24 ventory administered by the Secretary under 

25 section 144. 


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1 ‘‘(2) REGULATIONS.—Notwithstanding sections 

2 563(a) and 565(a) of title 5, the Secretary of the In3 terior shall maintain any regulations governing the 

4 tribal transportation program. 

5 ‘‘(3) BASIS FOR FUNDING FORMULA.— 

6 ‘‘(A) BASIS.— 

7 ‘‘(i) IN GENERAL.—After making the 

8 set asides authorized under subsections (c), 

9 (d), and (e) on October 1 of each fiscal 

10 year, the Secretary shall distribute the re11 mainder authorized to be appropriated for 

12 the tribal transportation program under 

13 this section among Indian tribes as follows: 

14 ‘‘(I) For fiscal year 2012— 

15 ‘‘(aa) for each Indian tribe, 

16 80 percent of the total relative 

17 need distribution factor and pop18 ulation adjustment factor for the 

19 fiscal year 2011 funding amount 

20 made available to that Indian 

21 tribe; and 

22 ‘‘(bb) the remainder using 

23 tribal shares as described in sub24 paragraphs (B) and (C). 

25 ‘‘(II) For fiscal year 2013— 


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1 ‘‘(aa) for each Indian tribe, 

2 60 percent of the total relative 

3 need distribution factor and pop4 ulation adjustment factor for the 

5 fiscal year 2011 funding amount 

6 made available to that Indian 

7 tribe; and 

8 ‘‘(bb) the remainder using 

9 tribal shares as described in sub10 paragraphs (B) and (C). 

11 ‘‘(III) For fiscal year 2014— 

12 ‘‘(aa) for each Indian tribe, 

13 40 percent of the total relative 

14 need distribution factor and pop15 ulation adjustment factor for the 

16 fiscal year 2011 funding amount 

17 made available to that Indian 

18 tribe; and 

19 ‘‘(bb) the remainder using 

20 tribal shares as described in sub21 paragraphs (B) and (C). 

22 ‘‘(IV) For fiscal year 2015— 

23 ‘‘(aa) for each Indian tribe, 

24 20 percent of the total relative 

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1 ulation adjustment factor for the 

2 fiscal year 2011 funding amount 

3 made available to that Indian 

4 tribe; and 

5 ‘‘(bb) the remainder using 

6 tribal shares as described in sub7 paragraphs (B) and (C). 

8 ‘‘(V) For fiscal year 2016 and 

9 thereafter, using tribal shares as de10 scribed in subparagraphs (B) and (C). 

11 ‘‘(ii) TRIBAL HIGH PRIORITY

12 PROJECTS.—The High Priority Projects 

13 program as included in the Tribal Trans14 portation Allocation Methodology of part 

15 170 of title 25, Code of Federal Regula16 tions (as in effect on the date of enactment 

17 of the MAP–21), shall not continue in ef18 fect. 

19 ‘‘(B) TRIBAL SHARES.—Tribal shares 

20 under this program shall be determined using 

21 the national tribal transportation facility inven22 tory as calculated for fiscal year 2012, and the 

23 most recent data on American Indian and Alas24 ka Native population within each Indian tribe’s 

25 American Indian/Alaska Native Reservation or 


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1 Statistical Area, as computed under the Native 

2 American Housing Assistance and Self-Deter3 mination Act of 1996 (25 U.S.C. 4101 et seq.), 

4 in the following manner: 

5 ‘‘(i) 30 percent in the ratio that the 

6 total eligible lane mileage in each tribe 

7 bears to the total eligible lane mileage of 

8 all American Indians and Alaskan Natives. 

9 For the purposes of this calculation— 

10 ‘‘(I) eligible lane mileage shall be 

11 computed based on the inventory de12 scribed in paragraph (1), using only 

13 facilities included in the inventory de14 scribed in clause (i), (ii), or (iii) of 

15 paragraph (1)(B); and 

16 ‘‘(II) paved roads and gravel sur17 faced roads are deemed to equal 2 

18 lane miles per mile of inventory, and 

19 earth surfaced roads and unimproved 

20 roads shall be deemed to equal 1 lane 

21 mile per mile of inventory. 

22 ‘‘(ii) 35 percent in the ratio that the 

23 total population in each tribe bears to the 

24 total population of all American Indians 

25 and Alaskan Natives. 


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1 ‘‘(iii) 35 percent shall be divided 

2 equally among each Bureau of Indian Af3 fairs region for distribution of tribal shares 

4 as follows: 

‘‘(I) 1 5 ⁄4 of 1 percent shall be dis6 tributed equally among Indian tribes 

7 with populations of 1 to 25. 

‘‘(II) 3 8 ⁄4 of 1 percent shall be dis9 tributed equally among Indian tribes 

10 with populations of 26 to 100. 

‘‘(III) 33 11 ⁄4 percent shall be dis12 tributed equally among Indian tribes 

13 with populations of 101 to 1,000. 

14 ‘‘(IV) 20 percent shall be distrib15 uted equally among Indian tribes with 

16 populations of 1,001 to 10,000. 

‘‘(V) 743 17 ⁄4 percent shall be dis18 tributed equally among Indian tribes 

19 with populations of 10,001 to 60,000 

20 where 3 or more Indian tribes occupy 

21 this category in a single Bureau of In22 dian Affairs region, and Bureau of In23 dian Affairs regions containing less 

24 than 3 Indian tribes in this category 


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1 shall receive funding in accordance 

2 with subclause (IV) and clause (iv). 

‘‘(VI) 1 3 ⁄2 of 1 percent shall be 

4 distributed equally among Indian 

5 tribes with populations of 60,001 or 

6 more. 

7 ‘‘(iv) For a Bureau of Indian Affairs 

8 region that has no Indian tribes meeting 

9 the population criteria under 1 or more of 

10 subclauses (I) through (VI) of clause (iii), 

11 the region shall redistribute any funds sub12 ject to such clause or clauses among any 

13 such clauses for which the region has In14 dian tribes meeting such criteria propor15 tionally in accordance with the percentages 

16 listed in such clauses until such funds are 

17 completely distributed. 

18 ‘‘(C) TRIBAL SUPPLEMENTAL FUNDING.— 

19 ‘‘(i) TRIBAL SUPPLEMENTAL FUNDING

20 AMOUNT.—Of funds made available for 

21 each fiscal year for the tribal transpor22 tation program, the Secretary shall set 

23 aside the following amount for a tribal 

24 supplemental program: 


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1 ‘‘(I) If the amount made avail2 able for the tribal transportation pro3 gram is less than or equal to 

4 $275,000,000, 30 percent of such 

5 amount. 

6 ‘‘(II) If the amount made avail7 able for the tribal transportation pro8 gram exceeds $275,000,000— 

9 ‘‘(aa) $82,500,000; plus 

10 ‘‘(bb) 12.5 percent of the 

11 amount made available for the 

12 tribal transportation program in 

13 excess of $275,000,000. 

14 ‘‘(ii) TRIBAL SUPPLEMENTAL ALLOCA15 TION.—The Secretary shall distribute trib16 al supplemental funds as follows: 

17 ‘‘(I) DISTRIBUTION AMONG RE18 GIONS.—Of the amounts set aside 

19 under clause (i), the Secretary shall 

20 distribute to each region of the Bu21 reau of Indian Affairs a share of trib22 al supplemental funds in proportion to 

23 the regional total of tribal shares 

24 based on the cumulative tribal shares 


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1 of all Indian tribes within such region 

2 under subparagraph (B). 

3 ‘‘(II) DISTRIBUTION WITHIN A

4 REGION.—Of the amount that a re5 gion receives under subclause (I), the 

6 Secretary shall distribute tribal sup7 plemental funding among Indian 

8 tribes within such region as follows: 

9 ‘‘(aa) TRIBAL SUPPLE10 MENTAL AMOUNTS.—The Sec11 retary shall determine— 

12 ‘‘(AA) which such In13 dian tribes would be entitled 

14 under subparagraph (A) to 

15 receive in a fiscal year less 

16 funding than they would re17 ceive in fiscal year 2011 

18 pursuant to the Tribal 

19 Transportation Allocation 

20 Methodology described in 

21 subpart C of part 170 of 

22 title 25, Code of Federal 

23 Regulations (as in effect on 

24 the date of enactment of the 

25 MAP–21); and 


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1 ‘‘(BB) the combined 

2 amount that such Indian 

3 tribes would be entitled to 

4 receive in fiscal year 2011 

5 pursuant to such Tribal 

6 Transportation Allocation 

7 Methodology in excess of the 

8 amount that they would be 

9 entitled to receive in the fis10 cal year under subparagraph 

11 (B); and 

12 ‘‘(bb) Subject to subclause 

13 (III), distribute to each Indian 

14 tribe that meets the criteria de15 scribed in item (aa)(AA) a share 

16 of funding under this subpara17 graph in proportion to the share 

18 of the combined amount deter19 mined under item (aa)(BB) at20 tributable to such Indian tribe. 

21 ‘‘(III) CEILING.—An Indian tribe 

22 may not receive under subclause (II) 

23 and based on its tribal share under 

24 subparagraph (A) a combined amount 

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1 dian tribe would be entitled to receive 

2 in fiscal year 2011 pursuant to the 

3 Tribal Transportation Allocation 

4 Methodology described in subpart C of 

5 part 170 of title 25, Code of Federal 

6 Regulations (as in effect on the date 

7 of enactment of the MAP–21). 

8 ‘‘(IV) OTHER AMOUNTS.—If the 

9 amount made available for a region 

10 under subclause (I) exceeds the 

11 amount distributed among Indian 

12 tribes within that region under sub13 clause (II), the Secretary shall dis14 tribute the remainder of such region’s 

15 funding under such subclause among 

16 all Indian tribes in that region in pro17 portion to the combined amount that 

18 each such Indian tribe received under 

19 subparagraph (A) and subclauses (I), 

20 (II), and (III). 

21 ‘‘(4) TRANSFERRED FUNDS.— 

22 ‘‘(A) IN GENERAL.—Not later than 30 

23 days after the date on which funds are made 

24 available to the Secretary of the Interior under 

25 this paragraph, the funds shall be distributed 


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1 to, and made available for immediate use by, el2 igible Indian tribes, in accordance with the for3 mula for distribution of funds under the tribal 

4 transportation program. 

5 ‘‘(B) USE OF FUNDS.—Notwithstanding 

6 any other provision of this section, funds made 

7 available to Indian tribes for tribal transpor8 tation facilities shall be expended on projects 

9 identified in a transportation improvement pro10 gram approved by the Secretary. 

11 ‘‘(5) HEALTH AND SAFETY ASSURANCES.—Not12 withstanding any other provision of law, an Indian 

13 tribal government may approve plans, specifications, 

14 and estimates and commence road and bridge con15 struction with funds made available from the tribal 

16 transportation program through a contract or agree17 ment under Indian Self-Determination and Edu18 cation Assistance Act (25 U.S.C. 450 et seq.), if the 

19 Indian tribal government— 

20 ‘‘(A) provides assurances in the contract or 

21 agreement that the construction will meet or ex22 ceed applicable health and safety standards; 

23 ‘‘(B) obtains the advance review of the 

24 plans and specifications from a State-licensed 

25 civil engineer that has certified that the plans 


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1 and specifications meet or exceed the applicable 

2 health and safety standards; and 

3 ‘‘(C) provides a copy of the certification 

4 under subparagraph (A) to the Deputy Assist5 ant Secretary for Tribal Government Affairs, 

6 Department of Transportation, or the Assistant 

7 Secretary for Indian Affairs, Department of the 

8 Interior, as appropriate. 

9 ‘‘(6) CONTRACTS AND AGREEMENTS WITH IN10 DIAN TRIBES.— 

11 ‘‘(A) IN GENERAL.—Notwithstanding any 

12 other provision of law or any interagency agree13 ment, program guideline, manual, or policy di14 rective, all funds made available through the 

15 Secretary of the Interior under this chapter and 

16 section 125(e) for tribal transportation facilities 

17 to pay for the costs of programs, services, func18 tions, and activities, or portions of programs, 

19 services, functions, or activities, that are specifi20 cally or functionally related to the cost of plan21 ning, research, engineering, and construction of 

22 any tribal transportation facility shall be made 

23 available, upon request of the Indian tribal gov24 ernment, to the Indian tribal government for 

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1 search, engineering, and construction in accord2 ance with Indian Self-Determination and Edu3 cation Assistance Act (25 U.S.C. 450 et seq.). 

4 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA5 TION.—All funds, including contract support 

6 costs, for programs, functions, services, or ac7 tivities, or portions of programs, services, func8 tions, or activities, including supportive admin9 istrative functions that are otherwise 

10 contractible to which subparagraph (A) applies, 

11 shall be paid in accordance with subparagraph 

12 (A), without regard to the organizational level 

13 at which the Department of the Interior has 

14 previously carried out such programs, functions, 

15 services, or activities. 

16 ‘‘(7) CONTRACTS AND AGREEMENTS WITH IN17 DIAN TRIBES.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other provision of law or any interagency agree20 ment, program guideline, manual, or policy di21 rective, all funds made available through the 

22 Secretary of the Interior to an Indian tribal 

23 government under this chapter for a tribal 

24 transportation facility program or project shall 

25 be made available, on the request of the Indian 


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1 tribal government, to the Indian tribal govern2 ment for use in carrying out, in accordance 

3 with the Indian Self-Determination and Edu4 cation Assistance Act (25 U.S.C. 450 et seq.), 

5 contracts and agreements for the planning, re6 search, design, engineering, construction, and 

7 maintenance relating to the program or project. 

8 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA9 TION.—In accordance with subparagraph (A), 

10 all funds, including contract support costs, for 

11 a program or project to which subparagraph 

12 (A) applies shall be paid to the Indian tribal 

13 government without regard to the organiza14 tional level at which the Department of the In15 terior has previously carried out, or the Depart16 ment of Transportation has previously carried 

17 out under the tribal transportation program, 

18 the programs, functions, services, or activities 

19 involved. 

20 ‘‘(C) CONSORTIA.—Two or more Indian 

21 tribes that are otherwise eligible to participate 

22 in a program or project to which this chapter 

23 applies may form a consortium to be considered 

24 as a single Indian tribe for the purpose of par25 ticipating in the project under this section. 


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1 ‘‘(D) SECRETARY AS SIGNATORY.—Not2 withstanding any other provision of law, the 

3 Secretary is authorized to enter into a funding 

4 agreement with an Indian tribal government to 

5 carry out a tribal transportation facility pro6 gram or project under subparagraph (A) that is 

7 located on an Indian reservation or provides ac8 cess to the reservation or a community of the 

9 Indian tribe. 

10 ‘‘(E) FUNDING.—The amount an Indian 

11 tribal government receives for a program or 

12 project under subparagraph (A) shall equal the 

13 sum of the funding that the Indian tribal gov14 ernment would otherwise receive for the pro15 gram or project in accordance with the funding 

16 formula established under this subsection and 

17 such additional amounts as the Secretary deter18 mines equal the amounts that would have been 

19 withheld for the costs of the Bureau of Indian 

20 Affairs for administration of the program or 

21 project. 

22 ‘‘(F) ELIGIBILITY.— 

23 ‘‘(i) IN GENERAL.—Subject to clause 

24 (ii) and the approval of the Secretary, 

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1 paragraph (A) to an Indian tribal govern2 ment for a program or project in a fiscal 

3 year only if the Indian tribal government 

4 requesting such funds demonstrates to the 

5 satisfaction of the Secretary financial sta6 bility and financial management capability 

7 during the 3 fiscal years immediately pre8 ceding the fiscal year for which the request 

9 is being made. 

10 ‘‘(ii) CONSIDERATIONS.—An Indian 

11 tribal government that had no uncorrected 

12 significant and material audit exceptions in 

13 the required annual audit of the contracts 

14 or self-governance funding agreements 

15 made by the Indian tribe with any Federal 

16 agency under the Indian Self-Determina17 tion and Education Assistance Act (25 

18 U.S.C. 450 et seq.) during the 3-fiscal year 

19 period referred in clause (i) shall be con20 clusive evidence of the financial stability 

21 and financial management capability of the 

22 Indian tribe for purposes of clause (i). 

23 ‘‘(G) ASSUMPTION OF FUNCTIONS AND DU24 TIES.—An Indian tribal government receiving 

25 funding under subparagraph (A) for a program 


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1 or project shall assume all functions and duties 

2 that the Secretary of the Interior would have 

3 performed with respect to a program or project 

4 under this chapter, other than those functions 

5 and duties that inherently cannot be legally 

6 transferred under the Indian Self-Determina7 tion and Education Assistance Act (25 U.S.C. 

8 450 et seq.). 

9 ‘‘(H) POWERS.—An Indian tribal govern10 ment receiving funding under subparagraph (A) 

11 for a program or project shall have all powers 

12 that the Secretary of the Interior would have 

13 exercised in administering the funds transferred 

14 to the Indian tribal government for such pro15 gram or project under this section if the funds 

16 had not been transferred, except to the extent 

17 that such powers are powers that inherently 

18 cannot be legally transferred under the Indian 

19 Self-Determination and Education Assistance 

20 Act (25 U.S.C. 450 et seq.). 

21 ‘‘(I) DISPUTE RESOLUTION.—In the event 

22 of a disagreement between the Secretary or the 

23 Secretary of the Interior and an Indian tribe 

24 over whether a particular function, duty, or 

25 power may be lawfully transferred to the Indian 


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1 tribe under the Indian Self-Determination and 

2 Education Assistance Act (25 U.S.C. 450 et 

3 seq.), the Indian tribe shall have the right to 

4 pursue all alternative dispute resolution and ap5 peal procedures authorized by that Act, includ6 ing regulations issued to carry out the Act. 

7 ‘‘(J) TERMINATION OF CONTRACT OR

8 AGREEMENT.—On the date of the termination 

9 of a contract or agreement under this section 

10 by an Indian tribal government, the Secretary 

11 shall transfer all funds that would have been al12 located to the Indian tribal government under 

13 the contract or agreement to the Secretary of 

14 the Interior to provide continued transportation 

15 services in accordance with applicable law. 

16 ‘‘(c) PLANNING.— 

17 ‘‘(1) IN GENERAL.—For each fiscal year, not 

18 more than 2 percent of the funds made available for 

19 the tribal transportation program shall be allocated 

20 among Indian tribal governments that apply for 

21 transportation planning pursuant to the Indian Self22 Determination and Education Assistance Act (25 

23 U.S.C. 450 et seq.). 

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1 rior and, as appropriate, with a State, local govern2 ment, or metropolitan planning organization, shall 

3 carry out a transportation planning process in ac4 cordance with section 201(c). 

5 ‘‘(3) SELECTION AND APPROVAL OF

6 PROJECTS.—A project funded under this section 

7 shall be— 

8 ‘‘(A) selected by the Indian tribal govern9 ment from the transportation improvement pro10 gram; and 

11 ‘‘(B) subject to the approval of the Sec12 retary of the Interior and the Secretary. 

13 ‘‘(d) TRIBAL TRANSPORTATION FACILITY

14 BRIDGES.— 

15 ‘‘(1) NATIONWIDE PRIORITY PROGRAM.—The 

16 Secretary shall maintain a nationwide priority pro17 gram for improving deficient bridges eligible for the 

18 tribal transportation program. 

19 ‘‘(2) FUNDING.—Before making any distribu20 tion under subsection (b), the Secretary shall set 

21 aside not more than 2 percent of the funds made 

22 available under the tribal transportation program for 

23 each fiscal year to be allocated— 

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1 spection of a project to replace, rehabilitate, 

2 seismically retrofit, paint, apply calcium magne3 sium acetate, sodium acetate/formate, or other 

4 environmentally acceptable, minimally corrosive 

5 anti-icing and deicing composition; or 

6 ‘‘(B) to implement any countermeasure for 

7 deficient tribal transportation facility bridges, 

8 including multiple-pipe culverts. 

9 ‘‘(3) ELIGIBLE BRIDGES.—To be eligible to re10 ceive funding under this subsection, a bridge de11 scribed in paragraph (1) shall— 

12 ‘‘(A) have an opening of not less than 20 

13 feet; 

14 ‘‘(B) be classified as a tribal transpor15 tation facility; and 

16 ‘‘(C) be structurally deficient or function17 ally obsolete. 

18 ‘‘(4) APPROVAL REQUIREMENT.—The Secretary 

19 may make funds available under this subsection for 

20 preliminary engineering, construction, and construc21 tion engineering activities after approval of required 

22 documentation and verification of eligibility in ac23 cordance with this title. 

24 ‘‘(e) SAFETY.— 


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1 ‘‘(1) FUNDING.—Before making any distribu2 tion under subsection (b), the Secretary shall set 

3 aside not more than 2 percent of the funds made 

4 available under the tribal transportation program for 

5 each fiscal year to be allocated based on an identi6 fication and analysis of highway safety issues and 

7 opportunities on tribal land, as determined by the 

8 Secretary, on application of the Indian tribal govern9 ments for eligible projects described in section 

10 148(a)(4). 

11 ‘‘(2) PROJECT SELECTION.—An Indian tribal 

12 government, in cooperation with the Secretary of the 

13 Interior and, as appropriate, with a State, local gov14 ernment, or metropolitan planning organization, 

15 shall select projects from the transportation im16 provement program, subject to the approval of the 

17 Secretary and the Secretary of the Interior. 

18 ‘‘(f) FEDERAL-AID ELIGIBLE PROJECTS.—Before ap19 proving as a project on a tribal transportation facility any 

20 project eligible for funds apportioned under section 104 

21 in a State, the Secretary shall, for projects on tribal trans22 portation facilities, determine that the obligation of funds 

23 for the project is supplementary to and not in lieu of the 

24 obligation of a fair and equitable share of funds appor25 tioned to the State under section 104. 


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1 ‘‘§ 203. Federal lands transportation program 

2 ‘‘(a) USE OF FUNDS.— 

3 ‘‘(1) IN GENERAL.—Funds made available 

4 under the Federal lands transportation program 

5 shall be used by the Secretary of Transportation and 

6 the Secretary of the appropriate Federal land man7 agement agency to pay the costs of— 

8 ‘‘(A) program administration, transpor9 tation planning, research, preventive mainte10 nance, engineering, rehabilitation, restoration, 

11 construction, and reconstruction of Federal 

12 lands transportation facilities, and— 

13 ‘‘(i) adjacent vehicular parking areas; 

14 ‘‘(ii) acquisition of necessary scenic 

15 easements and scenic or historic sites; 

16 ‘‘(iii) provision for pedestrians and bi17 cycles; 

18 ‘‘(iv) environmental mitigation in or 

19 adjacent to Federal land open to the pub20 lic— 

21 ‘‘(I) to improve public safety and 

22 reduce vehicle-caused wildlife mor23 tality while maintaining habitat 

24 connectivity; and 

25 ‘‘(II) to mitigate the damage to 

26 wildlife, aquatic organism passage, 


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1 habitat, and ecosystem connectivity, 

2 including the costs of constructing, 

3 maintaining, replacing, or removing 

4 culverts and bridges, as appropriate; 

5 ‘‘(v) construction and reconstruction 

6 of roadside rest areas, including sanitary 

7 and water facilities; 

8 ‘‘(vi) congestion mitigation; and 

9 ‘‘(vii) other appropriate public road 

10 facilities, as determined by the Secretary; 

11 ‘‘(B) operation and maintenance of transit 

12 facilities; and 

13 ‘‘(C) any transportation project eligible for 

14 assistance under this title that is on a public 

15 road within or adjacent to, or that provides ac16 cess to, Federal lands open to the public. 

17 ‘‘(2) CONTRACT.—In connection with an activ18 ity described in paragraph (1), the Secretary and the 

19 Secretary of the appropriate Federal land manage20 ment agency may enter into a contract or other ap21 propriate agreement with respect to the activity 

22 with— 

23 ‘‘(A) a State (including a political subdivi24 sion of a State); or 

25 ‘‘(B) an Indian tribe. 


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1 ‘‘(3) ADMINISTRATION.—All appropriations for 

2 the construction and improvement of Federal lands 

3 transportation facilities shall be administered in con4 formity with regulations and agreements jointly ap5 proved by the Secretary and the Secretary of the ap6 propriate Federal land managing agency. 

7 ‘‘(4) COOPERATION.— 

8 ‘‘(A) IN GENERAL.—The cooperation of 

9 States, counties, or other local subdivisions may 

10 be accepted in construction and improvement. 

11 ‘‘(B) FUNDS RECEIVED.—Any funds re12 ceived from a State, county, or local subdivision 

13 shall be credited to appropriations available for 

14 the class of Federal lands transportation facili15 ties to which the funds were contributed. 

16 ‘‘(5) COMPETITIVE BIDDING.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), construction of each project shall be 

19 performed by contract awarded by competitive 

20 bidding. 

21 ‘‘(B) EXCEPTION.—Subparagraph (A) 

22 shall not apply if the Secretary or the Secretary 

23 of the appropriate Federal land management 

24 agency affirmatively finds that, under the cirVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 cumstances relating to the project, a different 

2 method is in the public interest. 

3 ‘‘(b) AGENCY PROGRAM DISTRIBUTIONS.— 

4 ‘‘(1) IN GENERAL.—On October 1, 2011, and 

5 on October 1 of each fiscal year thereafter, the Sec6 retary shall allocate the sums authorized to be ap7 propriated for the fiscal year for the Federal lands 

8 transportation program on the basis of applications 

9 of need, as determined by the Secretary— 

10 ‘‘(A) in consultation with the Secretaries of 

11 the applicable Federal land management agen12 cies; and 

13 ‘‘(B) in coordination with the transpor14 tation plans required under section 201 of the 

15 respective transportation systems of— 

16 ‘‘(i) the National Park Service; 

17 ‘‘(ii) the Forest Service; 

18 ‘‘(iii) the United States Fish and 

19 Wildlife Service; 

20 ‘‘(iv) the Corps of Engineers; and 

21 ‘‘(v) the Bureau of Land Manage22 ment. 

23 ‘‘(2) APPLICATIONS.— 

24 ‘‘(A) REQUIREMENTS.—Each application 

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1 cy shall include proposed programs at various 

2 potential funding levels, as defined by the Sec3 retary following collaborative discussions with 

4 applicable Federal land management agencies. 

5 ‘‘(B) CONSIDERATION BY SECRETARY.—In 

6 evaluating an application submitted under sub7 paragraph (A), the Secretary shall consider the 

8 extent to which the programs support— 

9 ‘‘(i) the transportation goals of— 

10 ‘‘(I) a state of good repair of 

11 transportation facilities; 

12 ‘‘(II) a reduction of bridge defi13 ciencies, and 

14 ‘‘(III) an improvement of safety; 

15 ‘‘(ii) high-use Federal recreational 

16 sites or Federal economic generators; and 

17 ‘‘(iii) the resource and asset manage18 ment goals of the Secretary of the respec19 tive Federal land management agency. 

20 ‘‘(C) PERMISSIVE CONTENTS.—Applica21 tions may include proposed programs the dura22 tion of which extend over a multiple-year period 

23 to support long-term transportation planning 

24 and resource management initiatives. 


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1 ‘‘(c) NATIONAL FEDERAL LANDS TRANSPORTATION

2 FACILITY INVENTORY.— 

3 ‘‘(1) IN GENERAL.—The Secretaries of the ap4 propriate Federal land management agencies, in co5 operation with the Secretary, shall maintain a com6 prehensive national inventory of public Federal lands 

7 transportation facilities. 

8 ‘‘(2) TRANSPORTATION FACILITIES INCLUDED

9 IN THE INVENTORIES.—To identify the Federal 

10 lands transportation system and determine the rel11 ative transportation needs among Federal land man12 agement agencies, the inventories shall include, at a 

13 minimum, facilities that— 

14 ‘‘(A) provide access to high-use Federal 

15 recreation sites or Federal economic generators, 

16 as determined by the Secretary in coordination 

17 with the respective Secretaries of the appro18 priate Federal land management agencies; and 

19 ‘‘(B) are owned by 1 of the following agen20 cies: 

21 ‘‘(i) The National Park Service. 

22 ‘‘(ii) The Forest Service. 

23 ‘‘(iii) The United States Fish and 

24 Wildlife Service. 


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1 ‘‘(iv) The Bureau of Land Manage2 ment. 

3 ‘‘(v) The Corps of Engineers. 

4 ‘‘(3) AVAILABILITY.—The inventories shall be 

5 made available to the Secretary. 

6 ‘‘(4) UPDATES.—The Secretaries of the appro7 priate Federal land management agencies shall up8 date the inventories of the appropriate Federal land 

9 management agencies, as determined by the Sec10 retary after collaborative discussions with the Secre11 taries of the appropriate Federal land management 

12 agencies. 

13 ‘‘(5) REVIEW.—A decision to add or remove a 

14 facility from the inventory shall not be considered a 

15 Federal action for purposes of review under the Na16 tional Environmental Policy Act of 1969 (42 U.S.C. 

17 4321 et seq.). 

18 ‘‘(d) BICYCLE SAFETY.—The Secretary of the appro19 priate Federal land management agency shall prohibit the 

20 use of bicycles on each federally owned road that has a 

21 speed limit of 30 miles per hour or greater and an adja22 cent paved path for use by bicycles within 100 yards of 

23 the road unless the Secretary determines that the bicycle 

24 level of service on that roadway is rated B or higher. 


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1 ‘‘§ 204. Federal lands access program 

2 ‘‘(a) USE OF FUNDS.— 

3 ‘‘(1) IN GENERAL.—Funds made available 

4 under the Federal lands access program shall be 

5 used by the Secretary of Transportation and the 

6 Secretary of the appropriate Federal land manage7 ment agency to pay the cost of— 

8 ‘‘(A) transportation planning, research, en9 gineering, preventive maintenance, rehabilita10 tion, restoration, construction, and reconstruc11 tion of Federal lands access transportation fa12 cilities located on or adjacent to, or that provide 

13 access to, Federal land, and— 

14 ‘‘(i) adjacent vehicular parking areas; 

15 ‘‘(ii) acquisition of necessary scenic 

16 easements and scenic or historic sites; 

17 ‘‘(iii) provisions for pedestrians and 

18 bicycles; 

19 ‘‘(iv) environmental mitigation in or 

20 adjacent to Federal land— 

21 ‘‘(I) to improve public safety and 

22 reduce vehicle-caused wildlife mor23 tality while maintaining habitat 

24 connectivity; and 

25 ‘‘(II) to mitigate the damage to 

26 wildlife, aquatic organism passage, 


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1 habitat, and ecosystem connectivity, 

2 including the costs of constructing, 

3 maintaining, replacing, or removing 

4 culverts and bridges, as appropriate; 

5 ‘‘(v) construction and reconstruction 

6 of roadside rest areas, including sanitary 

7 and water facilities; and 

8 ‘‘(vi) other appropriate public road fa9 cilities, as determined by the Secretary; 

10 ‘‘(B) operation and maintenance of transit 

11 facilities; and 

12 ‘‘(C) any transportation project eligible for 

13 assistance under this title that is within or ad14 jacent to, or that provides access to, Federal 

15 land. 

16 ‘‘(2) CONTRACT.—In connection with an activ17 ity described in paragraph (1), the Secretary and the 

18 Secretary of the appropriate Federal land manage19 ment agency may enter into a contract or other ap20 propriate agreement with respect to the activity 

21 with— 

22 ‘‘(A) a State (including a political subdivi23 sion of a State); or 

24 ‘‘(B) an Indian tribe. 


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1 ‘‘(3) ADMINISTRATION.—All appropriations for 

2 the construction and improvement of Federal lands 

3 access transportation facilities shall be administered 

4 in conformity with regulations and agreements ap5 proved by the Secretary. 

6 ‘‘(4) COOPERATION.— 

7 ‘‘(A) IN GENERAL.—The cooperation of 

8 States, counties, or other local subdivisions may 

9 be accepted in construction and improvement. 

10 ‘‘(B) FUNDS RECEIVED.—Any funds re11 ceived from a State, county, or local subdivision 

12 for a Federal lands access transportation facil13 ity project shall be credited to appropriations 

14 available under the Federal lands access pro15 gram. 

16 ‘‘(5) COMPETITIVE BIDDING.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), construction of each project shall be 

19 performed by contract awarded by competitive 

20 bidding. 

21 ‘‘(B) EXCEPTION.—Subparagraph (A) 

22 shall not apply if the Secretary or the Secretary 

23 of the appropriate Federal land management 

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1 cumstances relating to the project, a different 

2 method is in the public interest. 

3 ‘‘(b) PROGRAM DISTRIBUTIONS.— 

4 ‘‘(1) IN GENERAL.—Funding made available to 

5 carry out the Federal lands access program shall be 

6 allocated among those States that have Federal 

7 land, in accordance with the following formula: 

8 ‘‘(A) 80 percent of the available funding 

9 for use in those States that contain at least 1 

1 10 ⁄2 percent of the total public land in the United 

11 States managed by the agencies described in 

12 paragraph (2), to be distributed as follows: 

13 ‘‘(i) 30 percent in the ratio that— 

14 ‘‘(I) recreational visitation within 

15 each such State; bears to 

16 ‘‘(II) the recreational visitation 

17 within all such States. 

18 ‘‘(ii) 5 percent in the ratio that— 

19 ‘‘(I) the Federal land area within 

20 each such State; bears to 

21 ‘‘(II) the Federal land area in all 

22 such States. 

23 ‘‘(iii) 55 percent in the ratio that— 

24 ‘‘(I) the Federal public road 

25 miles within each such State; bears to 


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1 ‘‘(II) the Federal public road 

2 miles in all such States. 

3 ‘‘(iv) 10 percent in the ratio that— 

4 ‘‘(I) the number of Federal pub5 lic bridges within each such State; 

6 bears to 

7 ‘‘(II) the number of Federal pub8 lic bridges in all such States. 

9 ‘‘(B) 20 percent of the available funding 

10 for use in those States that do not contain at 

least 11 11 ⁄2 percent of the total public land in the 

12 United States managed by the agencies de13 scribed in paragraph (2), to be distributed as 

14 follows: 

15 ‘‘(i) 30 percent in the ratio that— 

16 ‘‘(I) recreational visitation within 

17 each such State; bears to 

18 ‘‘(II) the recreational visitation 

19 within all such States. 

20 ‘‘(ii) 5 percent in the ratio that— 

21 ‘‘(I) the Federal land area within 

22 each such State; bears to 

23 ‘‘(II) the Federal land area in all 

24 such States. 

25 ‘‘(iii) 55 percent in the ratio that— 


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1 ‘‘(I) the Federal public road 

2 miles within each such State; bears to 

3 ‘‘(II) the Federal public road 

4 miles in all such States. 

5 ‘‘(iv) 10 percent in the ratio that— 

6 ‘‘(I) the number of Federal pub7 lic bridges within each such State; 

8 bears to 

9 ‘‘(II) the number of Federal pub10 lic bridges in all such States. 

11 ‘‘(2) DATA SOURCE.—Data necessary to dis12 tribute funding under paragraph (1) shall be pro13 vided by the following Federal land management 

14 agencies: 

15 ‘‘(A) The National Park Service. 

16 ‘‘(B) The Forest Service. 

17 ‘‘(C) The United States Fish and Wildlife 

18 Service. 

19 ‘‘(D) The Bureau of Land Management. 

20 ‘‘(E) The Corps of Engineers. 

21 ‘‘(c) PROGRAMMING DECISIONS COMMITTEE.— 

22 ‘‘(1) IN GENERAL.—Programming decisions 

23 shall be made within each State by a committee 

24 comprised of— 


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1 ‘‘(A) a representative of the Federal High2 way Administration; 

3 ‘‘(B) a representative of the State Depart4 ment of Transportation; and 

5 ‘‘(C) a representative of any appropriate 

6 political subdivision of the State. 

7 ‘‘(2) CONSULTATION REQUIREMENT.—The com8 mittee described in paragraph (1) shall consult with 

9 each applicable Federal agency in each State before 

10 any joint discussion or final programming decision. 

11 ‘‘(3) PROJECT PREFERENCE.—In making a 

12 programming decision under paragraph (1), the 

13 committee shall give preference to projects that pro14 vide access to, are adjacent to, or are located within 

15 high-use Federal recreation sites or Federal eco16 nomic generators, as identified by the Secretaries of 

17 the appropriate Federal land management agen18 cies.’’. 

19 (b) PUBLIC LANDS DEVELOPMENT ROADS AND

20 TRAILS.—Section 214 of title 23, United States Code, is 

21 repealed. 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) CHAPTER 2 ANALYSIS.—The analysis for 

24 chapter 2 of title 23, United States Code, is amend25 ed: 


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1 (A) By striking the items relating to sec2 tions 201 through 204 and inserting the fol3 lowing: 

‘‘201. Federal lands and tribal transportation programs. 

‘‘202. Tribal transportation program. 

‘‘203. Federal lands transportation program. 

‘‘204. Federal lands access program.’’. 

4 (B) By striking the item relating to section 

5 214. 

6 (2) DEFINITION.—Section 138(a) of title 23, 

7 United States Code, is amended in the third sen8 tence by striking ‘‘park road or parkway under sec9 tion 204 of this title’’ and inserting ‘‘Federal lands 

10 transportation facility’’. 

11 (3) RULES, REGULATIONS, AND RECOMMENDA12 TIONS.—Section 315 of title 23, United States Code, 

13 is amended by striking ‘‘204(f)’’ and inserting 

14 ‘‘202(a)(5), 203(a)(3),’’. 

15 SEC. 1117. ALASKA HIGHWAY. 

16 Section 218 of title 23, United States Code, is 

17 amended to read as follows: 

18 ‘‘§ 218. Alaska Highway 

19 ‘‘(a) DEFINITION OF ALASKA MARINE HIGHWAY

20 SYSTEM.—In this section, the term ‘Alaska Marine High21 way System’ includes each existing or planned transpor22 tation facility and equipment in the State of Alaska relat23 ing to the ferry system of the State, including the lease, 


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1 purchase, or construction of vessels, terminals, docks, 

2 floats, ramps, staging areas, parking lots, bridges, and ap3 proaches thereto, and necessary roads. 

4 ‘‘(b) AUTHORIZATION OF SECRETARY.— 

5 ‘‘(1) IN GENERAL.—Recognizing the benefits 

6 that will accrue to the State of Alaska and to the 

7 United States from the reconstruction of the Alaska 

8 Highway from the Alaskan border to Haines Junc9 tion in Canada and the Haines Cutoff Highway from 

10 Haines Junction in Canada to Haines, the Secretary 

11 is authorized, upon agreement with the State of 

12 Alaska, to expend on such highway or the Alaska 

13 Marine Highway System any Federal-aid highway 

14 funds apportioned to the State of Alaska under this 

15 title to provide for necessary reconstruction of such 

16 highway. 

17 ‘‘(2) LIMITATION.—No expenditures shall be 

18 made for the construction of the portion of the high19 ways that are in located in Canada until the date on 

20 which an agreement has been reached by the Gov21 ernment of Canada and the Government of the 

22 United States, which shall provide in part, that the 

23 Canadian Government— 

24 ‘‘(A) will provide, without participation of 

25 funds authorized under this title, all necessary 


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1 right-of-way for the construction of the high2 ways; 

3 ‘‘(B) will not impose any highway toll, or 

4 permit any toll to be charged for the use of the 

5 highways by vehicles or persons; 

6 ‘‘(C) will not levy or assess, directly or in7 directly, any fee, tax, or other charge for the 

8 use of the highways by vehicles or persons from 

9 the United States that does not apply equally to 

10 vehicles or persons of Canada; 

11 ‘‘(D) will continue to grant reciprocal rec12 ognition of vehicle registration and drivers’ li13 censes in accordance with agreements between 

14 the United States and Canada; and 

15 ‘‘(E) will maintain the highways after the 

16 date of completion of the highways in proper 

17 condition adequately to serve the needs of 

18 present and future traffic. 

19 ‘‘(c) SUPERVISION OF SECRETARY.—The survey and 

20 construction work undertaken in Canada pursuant to this 

21 section shall be under the general supervision of the Sec22 retary.’’. 


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1 SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIG2 NIFICANCE. 

3 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

4 shall establish a program in accordance with this section 

5 to provide grants for projects of national and regional sig6 nificance. 

7 (b) PURPOSE OF PROGRAM.—The purpose of the 

8 projects of national and regional significance program 

9 shall be to fund critical high-cost surface transportation 

10 infrastructure projects that are difficult to complete with 

11 existing Federal, State, local, and private funds and that 

12 will— 

13 (1) generate national and regional economic 

14 benefits and increase global economic competitive15 ness; 

16 (2) reduce congestion and its impacts; 

17 (3) improve roadways vital to national energy 

18 security; 

19 (4) improve movement of freight and people; 

20 and 

21 (5) improve transportation safety. 

22 (c) DEFINITIONS.—In this section: 

23 (1) ELIGIBLE APPLICANT.—The term ‘‘eligible 

24 applicant’’ means a State department of transpor25 tation or a group of State departments of transpor26 tation, a local government, a tribal government or 


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1 consortium of tribal governments, a transit agency, 

2 a port authority, a metropolitan planning organiza3 tion, other political subdivisions of State or local 

4 governments, or a multi-State or multi-jurisdictional 

5 group of the aforementioned entities. 

6 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

7 project’’ means a surface transportation project or a 

8 program of integrated surface transportation 

9 projects closely related in the function they perform 

10 that— 

11 (A) is a capital project or projects— 

12 (i) eligible for Federal financial assist13 ance under title 23, United States Code, or 

14 under chapter 53 of title 49, United States 

15 Code; or 

16 (ii) for surface transportation infra17 structure to facilitate intermodal inter18 change, transfer, and access into and out 

19 of intermodal facilities, including ports; 

20 and 

21 (B) has eligible project costs that are rea22 sonably anticipated to equal or exceed the lesser 

23 of— 

24 (i) $500,000,000; 


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1 (ii) for a project located in a single 

2 State, 30 percent of the amount of Fed3 eral-aid highway funds apportioned for the 

4 most recently completed fiscal year to the 

5 State; or 

6 (iii) for a project located in more than 

7 1 State, 75 percent of the amount of Fed8 eral-aid highway funds apportioned for the 

9 most recently completed fiscal year to the 

10 State in which the project is located that 

11 has the largest apportionment. 

12 (3) ELIGIBLE PROJECT COSTS.—The term ‘‘eli13 gible project costs’’ means the costs of— 

14 (A) development phase activities, including 

15 planning, feasibility analysis, revenue fore16 casting, environmental review, preliminary engi17 neering and design work, and other 

18 preconstruction activities; 

19 (B) construction, reconstruction, rehabili20 tation, and acquisition of real property (includ21 ing land related to the project and improve22 ments to land), environmental mitigation, con23 struction contingencies, acquisition of equip24 ment directly related to improving system per25 formance, and operational improvements; and 


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1 (C) all financing costs, including subsidy 

2 costs under the Transportation Infrastructure 

3 Finance and Innovation Act program. 

4 (d) SOLICITATIONS AND APPLICATIONS.— 

5 (1) GRANT SOLICITATIONS.—The Secretary 

6 shall establish criteria for project evaluation and 

7 conduct a transparent and competitive national solic8 itation process to select projects for funding to carry 

9 out the purposes of this section. 

10 (2) APPLICATIONS.— 

11 (A) IN GENERAL.—An eligible applicant 

12 seeking a grant under this section for an eligi13 ble project shall submit an application to the 

14 Secretary in such form and in accordance with 

15 such requirements as the Secretary shall estab16 lish. 

17 (B) CONTENTS.—An application under 

18 this subsection shall, at a minimum, include 

19 data on current system performance and esti20 mated system improvements that will result 

21 from completion of the eligible project, includ22 ing projections for 2, 7, and 15 years after 

23 completion. 

24 (C) RESUBMISSION OF APPLICATIONS.—An 

25 eligible applicant whose project is not selected 


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1 by the Secretary may resubmit an application 

2 in any subsequent solicitation. 

3 (e) CRITERIA FOR PROJECT EVALUATION AND SE4 LECTION.— 

5 (1) IN GENERAL.—The Secretary may select a 

6 project only if the Secretary determines that the 

7 project— 

8 (A) will significantly improve the perform9 ance of the national surface transportation net10 work, nationally or regionally; 

11 (B) is based on the results of preliminary 

12 engineering; 

13 (C) cannot be readily and efficiently com14 pleted without Federal support from this pro15 gram; 

16 (D) is justified based on the ability of the 

17 project— 

18 (i) to generate national economic ben19 efits that reasonably exceed its costs, in20 cluding increased access to jobs, labor, and 

21 other critical economic inputs; 

22 (ii) to reduce long-term congestion, in23 cluding impacts in the State, region, and 

24 Nation, and increase speed, reliability, and 


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1 accessibility of the movement of people or 

2 freight; and 

3 (iii) to improve transportation safety, 

4 including reducing transportation acci5 dents, and serious injuries and fatalities; 

6 and 

7 (E) is supported by an acceptable degree 

8 of non-Federal financial commitments, includ9 ing evidence of stable and dependable financing 

10 sources to construct, maintain, and operate the 

11 infrastructure facility. 

12 (2) ADDITIONAL CONSIDERATIONS.—In evalu13 ating a project under this section, in addition to the 

14 criteria in paragraph (1), the Secretary shall con15 sider the extent to which the project— 

16 (A) leverages Federal investment by en17 couraging non-Federal contributions to the 

18 project, including contributions from public-pri19 vate partnerships; 

20 (B) is able to begin construction within 18 

21 months of being selected; 

22 (C) incorporates innovative project delivery 

23 and financing where practical; 

24 (D) stimulates collaboration between 

25 States and among State and local governments; 


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1 (E) helps maintain or protect the environ2 ment; 

3 (F) improves roadways vital to national en4 ergy security; 

5 (G) uses innovative technologies, including 

6 intelligent transportation systems, that enhance 

7 the efficiency of the project; and 

8 (H) contributes to an equitable geographic 

9 distribution of funds under this section and an 

10 appropriate balance in addressing the needs of 

11 urban and rural communities. 

12 (f) GRANT REQUIREMENTS.— 

13 (1) IN GENERAL.—A grant for a project under 

14 this section shall be subject to the following require15 ments: 

16 (A) A qualifying highway project eligible 

17 for funding under title 23, United States Code, 

18 or public transportation project eligible under 

19 chapter 53 of title 49, United States Code, shall 

20 comply with all applicable requirements of such 

21 title or chapter except that, if the project con22 tains elements or activities that are not eligible 

23 for funding under such title or chapter but are 

24 eligible for funding under this section, the eleVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ments or activities shall comply with the re2 quirements described in subparagraph (B). 

3 (B) A qualifying surface transportation 

4 project not eligible under title 23, United States 

5 Code, or chapter 53 of title 49, United States 

6 Code, shall comply with the requirements of 

7 subchapter IV of chapter 31 of title 40, United 

8 States Code, section 10a–d of title 41, United 

9 States Code, and such other terms, conditions, 

10 and requirements as the Secretary determines 

11 are necessary and appropriate for the type of 

12 project. 

13 (2) DETERMINATION OF APPLICABLE MODAL

14 REQUIREMENTS.—In the event that a project has 

15 cross-modal components, the Secretary shall have 

16 the discretion to designate the requirements that 

17 shall apply to the project based on predominant 

18 components. 

19 (3) OTHER TERMS AND CONDITIONS.—The Sec20 retary shall require that all grants under this section 

21 be subject to all terms, conditions, and requirements 

22 that the Secretary decides are necessary or appro23 priate for purposes of this section, including require24 ments for the disposition of net increases in value of 


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1 real property resulting from the project assisted 

2 under this section. 

3 (g) FEDERAL SHARE OF PROJECT COST.— 

4 (1) IN GENERAL.—If a project funded under 

5 this section is to construct or improve a privately 

6 owned facility or would primarily benefit a private 

7 entity, the Federal share shall be the lesser of 50 

8 percent of the total project cost or the quantified 

9 public benefit of the project. For all other projects 

10 funded under this section— 

11 (A) the Federal share of funds under this 

12 section shall be up to 50 percent of the project 

13 cost; and 

14 (B) the project sponsor may use other eli15 gible Federal transportation funds to cover up 

16 to an additional 30 percent of the project costs. 

17 (2) PRE-APPROVAL COSTS.—The Secretary may 

18 allow costs incurred prior to project approval to be 

19 used as a credit toward the non-Federal share of the 

20 cost of the project. Such costs must be adequately 

21 documented, necessary, reasonable, and allocable to 

22 the current phase of the project and such costs may 

23 not be included as a cost or used to meet cost-shar24 ing or matching requirements of any other federally25 financed project. 


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1 (h) REPORT TO THE SECRETARY.—For each project 

2 funded under this section, the project sponsor shall reas3 sess system performance and report to the Secretary 2, 

4 7, and 15 years after completion of the project to assess 

5 if the project outcomes have met pre-construction projec6 tions. 

7 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to carry out this section, 

9 to remain available until expended, $1,000,000,000 for fis10 cal year 2013. 

11 (j) TREATMENT OF PROJECTS.—Notwithstanding 

12 any other provision of law, projects funded under this sec13 tion shall be treated as projects on a Federal-aid highway 

14 under chapter 1 of title 23, United States Code. 

15 (k) REPORTS.— 

16 (1) SECRETARY.— 

17 (A) IN GENERAL.—Not later than 30 days 

18 after the date on which the Secretary selects a 

19 project for funding under this section, the Sec20 retary shall submit to the Committee on Envi21 ronment and Public Works of the Senate and 

22 the Committee on Transportation and Infra23 structure of the House of Representatives a re24 port that describes the reasons for selecting the 


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1 project, based on the criteria described in sub2 section (e). 

3 (B) INCLUSIONS.—The report submitted 

4 under subparagraph (A) shall specify each cri5 teria described in subsection (e) that the project 

6 meets. 

7 (C) AVAILABILITY.—The Secretary shall 

8 make available on the website of the Depart9 ment the report submitted under subparagraph 

10 (A). 

11 (2) COMPTROLLER GENERAL.— 

12 (A) ASSESSMENT.—The Comptroller Gen13 eral of the United States shall conduct an as14 sessment of the establishment, solicitation, se15 lection, and justification process with respect to 

16 the funding of projects under this section. 

17 (B) REPORT.—Not later than 3 years after 

18 the date of enactment of this Act, the Comp19 troller General of the United States shall sub20 mit to the Committee on Environment and 

21 Public Works of the Senate and the Committee 

22 on Transportation and Infrastructure of the 

23 House of Representatives a report that de24 scribes— 


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1 (i) the process by which each project 

2 was selected; 

3 (ii) the factors that went into the se4 lection of each project; and 

5 (iii) the justification for the selection 

6 of each project based on the criteria de7 scribed in subsection (e). 

8 (3) INSPECTOR GENERAL.— 

9 (A) ASSESSMENT.—The Inspector General 

10 of the Department shall conduct an assessment 

11 of the establishment, solicitation, selection, and 

12 justification process with respect to the funding 

13 of projects under this section. 

14 (B) INITIAL REPORT.—Not later than 2 

15 years after the date of enactment of this Act, 

16 the Inspector General of the Department shall 

17 submit to the Committee on Environment and 

18 Public Works of the Senate and the Committee 

19 on Transportation and Infrastructure of the 

20 House of Representatives a report that de21 scribes the initial results of the assessment con22 ducted under subparagraph (A). 

23 (C) FINAL REPORT.—Not later than 4 

24 years after the date of enactment of this Act, 

25 the Inspector General of the Department shall 


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1 submit to the Committee on Environment and 

2 Public Works of the Senate and the Committee 

3 on Transportation and Infrastructure of the 

4 House of Representatives a final report that de5 scribes the findings of the Inspector General of 

6 the Department with respect to the assessment 

7 conducted under subparagraph (A). 

8 (l) REGULATIONS.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this Act, the Secretary 

11 shall promulgate final regulations implementing the 

12 program authorized under this section. 

13 (2) INTERIM PROVISIONS.—Until the date on 

14 which the Secretary promulgates final regulations 

15 under paragraph (1), any amounts made available 

16 under subsection (i) to carry out this section shall 

17 be distributed in accordance with— 

18 (A) the guidance and policies developed for 

19 the distribution of grants under the program 

20 using the notice of funding availability entitled 

21 ‘‘Notice of Funding Availability for the Depart22 ment of Transportation’s National Infrastruc23 ture Investments Under the Full-Year Con24 tinuing Appropriations, 2012; and Request for 


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1 Comments’’ (77 Fed. Reg. 4863 (January 31, 

2 2012)); or 

3 (B) such guidance and policies as subse4 quently revised and updated. 

5 SEC. 1119. CONSTRUCTION OF FERRY BOATS AND FERRY 

6 TERMINAL FACILITIES. 

7 (a) CONSTRUCTION OF FERRY BOATS AND FERRY

8 TERMINAL FACILITIES.—Section 147 of title 23, United 

9 States Code, is amended— 

10 (1) by striking subsections (c), (d), and (e); 

11 (2) by redesignating subsection (f) as sub12 section (g); and 

13 (3) by inserting after subsection (b) the fol14 lowing: 

15 ‘‘(c) DISTRIBUTION OF FUNDS.—Of the amounts 

16 made available to ferry systems and public entities respon17 sible for developing ferries under this section for a fiscal 

18 year, 100 percent shall be allocated in accordance with the 

19 formula set forth in subsection (d). 

20 ‘‘(d) FORMULA.—Of the amounts allocated pursuant 

21 to subsection (c)— 

22 ‘‘(1) 20 percent shall be allocated among eligi23 ble entities in the proportion that— 


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1 ‘‘(A) the number of ferry passengers car2 ried by each ferry system in the most recent fis3 cal year; bears to 

4 ‘‘(B) the number of ferry passengers car5 ried by all ferry systems in the most recent fis6 cal year; 

7 ‘‘(2) 50 percent shall be allocated among eligi8 ble entities in the proportion that— 

9 ‘‘(A) the number of vehicles carried by 

10 each ferry system in the most recent fiscal year; 

11 bears to 

12 ‘‘(B) the number of vehicles carried by all 

13 ferry systems in the most recent fiscal year; 

14 and 

15 ‘‘(3) 30 percent shall be allocated among eligi16 ble entities in the proportion that— 

17 ‘‘(A) the total route miles serviced by each 

18 ferry system; bears to 

19 ‘‘(B) the total route miles serviced by all 

20 ferry systems. 

21 ‘‘(e) FERRY BOAT COORDINATION TEAM.— 

22 ‘‘(1) ESTABLISHMENT.—The Secretary shall es23 tablish within the Federal Highway Administration 

24 a Ferry Boat Coordination Team to carry out para25 graph (2). 


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1 ‘‘(2) PURPOSES.—The purposes of the ferry 

2 boat coordination team shall be— 

3 ‘‘(A) to coordinate Federal programs af4 fecting ferry and ferry facility construction, 

5 maintenance, operations, and security; and 

6 ‘‘(B) to promote transportation by ferry as 

7 a component of the United States transpor8 tation system. 

9 ‘‘(3) FUNCTIONS.—The ferry boat coordination 

10 team shall— 

11 ‘‘(A) coordinate programs relating to ferry 

12 transportation carried out by— 

13 ‘‘(i) the Department of Transpor14 tation, including programs carried out by 

15 the Federal Highway Administration, the 

16 Federal Transit Administration, the Mari17 time Administration, and the Research and 

18 Innovative Technology Administration; 

19 ‘‘(ii) the Department of Homeland Se20 curity; and 

21 ‘‘(iii) other Federal and State agen22 cies, as appropriate; 

23 ‘‘(B) ensure resource accountability for 

24 programs carried out by the Secretary relating 

25 to ferry transportation; 


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1 ‘‘(C) provide strategic leadership for re2 search, development, testing, and deployment of 

3 technologies relating to ferry transportation; 

4 and 

5 ‘‘(D) promote ferry transportation as a 

6 means to reduce costs associated with traffic 

7 congestion. 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 is authorized to be appropriated to carry out this section 

10 $67,000,000 for each of fiscal years 2012 and 2013.’’. 

11 (b) NATIONAL FERRY DATABASE.—Section 1801(e) 

12 of the SAFETEA–LU (23 U.S.C. 129 note; Public Law 

13 109–59) is amended— 

14 (1) in paragraph (2), by inserting ‘‘, including 

15 any Federal, State, and local government funding 

16 sources,’’ after ‘‘sources’’; and 

17 (2) in paragraph (4)— 

18 (A) in subparagraph (B), by striking 

19 ‘‘and’’ at the end; 

20 (B) by redesignating subparagraph (C) as 

21 subparagraph (D); 

22 (C) by inserting after subparagraph (B), 

23 the following: 

24 ‘‘(C) ensure that the database is consistent 

25 with the national transit database maintained 


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1 by the Federal Transit Administration; and’’; 

2 and 

3 (D) in subparagraph (D) (as redesignated 

4 by subparagraph (B)), by striking ‘‘2009’’ and 

5 inserting ‘‘2013’’. 

6 Subtitle B—Performance 

7 Management 

8 SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING. 

9 Section 134 of title 23, United States Code, is 

10 amended to read as follows: 

11 ‘‘§ 134. Metropolitan transportation planning 

12 ‘‘(a) POLICY.—It is in the national interest— 

13 ‘‘(1) to encourage and promote the safe, cost14 effective, and efficient management, operation, and 

15 development of surface transportation systems that 

16 will serve efficiently the mobility needs of individuals 

17 and freight, reduce transportation-related fatalities 

18 and serious injuries, and foster economic growth and 

19 development within and between States and urban20 ized areas, while fitting the needs and complexity of 

21 individual communities, maximizing value for tax22 payers, leveraging cooperative investments, and 

23 minimizing transportation-related fuel consumption 

24 and air pollution through the metropolitan and 


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1 statewide transportation planning processes identi2 fied in this title; 

3 ‘‘(2) to encourage the continued improvement, 

4 evolution, and coordination of the metropolitan and 

5 statewide transportation planning processes by and 

6 among metropolitan planning organizations, State 

7 departments of transportation, regional planning or8 ganizations, interstate partnerships, and public 

9 transportation and intercity service operators as 

10 guided by the planning factors identified in sub11 section (h) of this section and section 135(d); 

12 ‘‘(3) to encourage and promote transportation 

13 needs and decisions that are integrated with other 

14 planning needs and priorities; and 

15 ‘‘(4) to maximize the effectiveness of transpor16 tation investments. 

17 ‘‘(b) DEFINITIONS.—In this section and section 135, 

18 the following definitions shall apply: 

19 ‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 

20 means a metropolitan planning organization that 

21 was designated as a metropolitan planning organiza22 tion on the day before the date of enactment of the 

23 MAP–21. 

24 ‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 

25 means any elected or appointed official of general 


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1 purpose local government with responsibility for 

2 transportation in a designated area. 

3 ‘‘(3) MAINTENANCE AREA.—The term ‘mainte4 nance area’ means an area that was designated as 

5 an air quality nonattainment area, but was later re6 designated by the Administrator of the Environ7 mental Protection Agency as an air quality attain8 ment area, under section 107(d) of the Clean Air 

9 Act (42 U.S.C. 7407(d)). 

10 ‘‘(4) METROPOLITAN PLANNING AREA.—The 

11 term ‘metropolitan planning area’ means a geo12 graphical area determined by agreement between the 

13 metropolitan planning organization for the area and 

14 the applicable Governor under subsection (c). 

15 ‘‘(5) METROPOLITAN PLANNING ORGANIZA16 TION.—The term ‘metropolitan planning organiza17 tion’ means the policy board of an organization es18 tablished pursuant to subsection (c). 

19 ‘‘(6) METROPOLITAN TRANSPORTATION

20 PLAN.—The term ‘metropolitan transportation plan’ 

21 means a plan developed by a metropolitan planning 

22 organization under subsection (i). 

23 ‘‘(7) NONATTAINMENT AREA.—The term ‘non24 attainment area’ has the meaning given the term in 

25 section 171 of the Clean Air Act (42 U.S.C. 7501). 


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1 ‘‘(8) NONMETROPOLITAN AREA.— 

2 ‘‘(A) IN GENERAL.—The term ‘nonmetro3 politan area’ means a geographical area outside 

4 the boundaries of a designated metropolitan 

5 planning area. 

6 ‘‘(B) INCLUSIONS.—The term ‘nonmetro7 politan area’ includes— 

8 ‘‘(i) a small urbanized area with a 

9 population of more than 50,000, but fewer 

10 than 200,000, individuals, as calculated ac11 cording to the most recent decennial cen12 sus; and 

13 ‘‘(ii) a nonurbanized area. 

14 ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA15 TION.—The term ‘nonmetropolitan planning organi16 zation’ means an organization that— 

17 ‘‘(A) was designated as a metropolitan 

18 planning organization as of the day before the 

19 date of enactment of the MAP–21; and 

20 ‘‘(B) is not designated as a tier I MPO or 

21 tier II MPO. 

22 ‘‘(10) REGIONALLY SIGNIFICANT.—The term 

23 ‘regionally significant’, with respect to a transpor24 tation project, program, service, or strategy, means 

25 a project, program, service, or strategy that— 


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1 ‘‘(A) serves regional transportation needs 

2 (such as access to and from the area outside of 

3 the region, major activity centers in the region, 

4 and major planned developments); and 

5 ‘‘(B) would normally be included in the 

6 modeling of a transportation network of a met7 ropolitan area. 

8 ‘‘(11) RURAL PLANNING ORGANIZATION.—The 

9 term ‘rural planning organization’ means an organi10 zation that— 

11 ‘‘(A) is responsible for the planning, co12 ordination, and implementation of statewide 

13 transportation plans and programs outside of a 

14 metropolitan area, with an emphasis on ad15 dressing the needs of rural areas of the State; 

16 and 

17 ‘‘(B) is not designated as a tier I or tier 

18 II metropolitan planning organization or a non19 metropolitan planning organization. 

20 ‘‘(12) STATEWIDE TRANSPORTATION IMPROVE21 MENT PROGRAM.—The term ‘statewide transpor22 tation improvement program’ means a statewide 

23 transportation improvement program developed by a 

24 State under section 135(g). 


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1 ‘‘(13) STATEWIDE TRANSPORTATION PLAN.— 

2 The term ‘statewide transportation plan’ means a 

3 plan developed by a State under section 135(f). 

4 ‘‘(14) TIER I MPO.—The term ‘tier I MPO’ 

5 means a metropolitan planning organization des6 ignated as a tier I MPO under subsection (e)(4)(A). 

7 ‘‘(15) TIER II MPO.—The term ‘tier II MPO’ 

8 means a metropolitan planning organization des9 ignated as a tier I MPO under subsection (e)(4)(B). 

10 ‘‘(16) TRANSPORTATION IMPROVEMENT PRO11 GRAM.—The term ‘transportation improvement pro12 gram’ means a program developed by a metropolitan 

13 planning organization under subsection (j). 

14 ‘‘(17) URBANIZED AREA.—The term ‘urbanized 

15 area’ means a geographical area with a population 

16 of 50,000 or more individuals, as calculated accord17 ing to the most recent decennial census. 

18 ‘‘(c) DESIGNATION OF METROPOLITAN PLANNING

19 ORGANIZATIONS.— 

20 ‘‘(1) IN GENERAL.—To carry out the metropoli21 tan transportation planning process under this sec22 tion, a metropolitan planning organization shall be 

23 designated for each urbanized area with a population 

24 of 200,000 or more individuals, as calculated accord25 ing to the most recent decennial census— 


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1 ‘‘(A) by agreement between the applicable 

2 Governor and local officials that, in the aggre3 gate, represent at least 75 percent of the af4 fected population (including the largest incor5 porated city (based on population), as cal6 culated according to the most recent decennial 

7 census); or 

8 ‘‘(B) in accordance with procedures estab9 lished by applicable State or local law. 

10 ‘‘(2) SMALL URBANIZED AREAS.—To carry out 

11 the metropolitan transportation planning process 

12 under this section, a metropolitan planning organiza13 tion may be designated for any urbanized area with 

14 a population of 50,000 or more individuals, but 

15 fewer than 200,000 individuals, as calculated accord16 ing to the most recent decennial census— 

17 ‘‘(A) by agreement between the applicable 

18 Governor and local officials that, in the aggre19 gate, represent at least 75 percent of the af20 fected population (including the largest incor21 porated city (based on population), as cal22 culated according to the most recent decennial 

23 census); and 

24 ‘‘(B) with the consent of the Secretary, 

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1 tan planning organization has met the min2 imum requirements under subsection (e)(4)(B). 

3 ‘‘(3) STRUCTURE.—Not later than 1 year after 

4 the date of enactment of the MAP–21, a metropoli5 tan planning organization shall consist of— 

6 ‘‘(A) elected local officials in the relevant 

7 metropolitan area; 

8 ‘‘(B) officials of public agencies that ad9 minister or operate major modes of transpor10 tation in the relevant metropolitan area, includ11 ing providers of public transportation; and 

12 ‘‘(C) appropriate State officials. 

13 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

14 subsection interferes with any authority under any 

15 State law in effect on December 18, 1991, of a pub16 lic agency with multimodal transportation respon17 sibilities— 

18 ‘‘(A) to develop the metropolitan transpor19 tation plans and transportation improvement 

20 programs for adoption by a metropolitan plan21 ning organization; or 

22 ‘‘(B) to develop capital plans, coordinate 

23 public transportation services and projects, or 

24 carry out other activities pursuant to State law. 

25 ‘‘(5) CONTINUING DESIGNATION.— 


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1 ‘‘(A) POPULATION OF 200,000 OR MORE.— 

2 A designation of an existing MPO for an urban3 ized area with a population of 200,000 or more 

4 individuals, as calculated according to the most 

5 recent decennial census, shall remain in ef6 fect— 

7 ‘‘(i) for the period during which the 

8 structure of the existing MPO complies 

9 with the requirements of paragraph (1); or 

10 ‘‘(ii) until the date on which the exist11 ing MPO is redesignated under paragraph 

12 (6); and 

13 ‘‘(B) POPULATION OF FEWER THAN

14 200,000.— 

15 ‘‘(i) IN GENERAL.—A designation of 

16 an existing MPO for an urbanized area 

17 with a population of fewer than 200,000 

18 individuals, as calculated according to the 

19 most recent decennial census, shall remain 

20 in effect until the date on which the exist21 ing MPO is redesignated under paragraph 

22 (6) unless— 

23 ‘‘(I) the existing MPO requests 

24 that its planning responsibilities be 

25 transferred to the State or to another 


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1 planning organization designated by 

2 the State; or 

3 ‘‘(II) the Secretary determines 3 

4 years after the date on which the Sec5 retary issues a rule pursuant to sub6 section (e)(4)(B)(i), that the existing 

7 MPO is not meeting the minimum re8 quirements established by the rule. 

9 ‘‘(ii) JUSTIFICATION.—The Secretary 

10 shall, in a timely manner, provide a sub11 stantive written justification to each metro12 politan planning organization that is the 

13 subject of a negative determination of the 

14 Secretary under clause (i)(II). 

15 ‘‘(C) EXTENSION.—If a metropolitan plan16 ning organization for an urbanized area with a 

17 population of less than 200,000 that would oth18 erwise be terminated under subparagraph (B), 

19 requests a probationary continuation before the 

20 termination of the metropolitan planning orga21 nization, the Secretary shall— 

22 ‘‘(i) delay the termination of the met23 ropolitan planning organization under sub24 paragraph (B) for a period of 1 year; 


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1 ‘‘(ii) provide additional technical as2 sistance to all metropolitan planning orga3 nizations provided an extension under this 

4 paragraph to assist the metropolitan plan5 ning organization in meeting the minimum 

6 requirements under subsection (e)(4)(B)(i); 

7 and 

8 ‘‘(iii) make a determination not later 

9 than 1 year after the date on which the 

10 Secretary issues an extension, regardless of 

11 whether the metropolitan planning organi12 zation has met the minimum requirements 

13 established under subsection (e)(4)(B)(ii). 

14 ‘‘(D) DESIGNATION AS TIER II MPO.—If 

15 the Secretary determines that the existing MPO 

16 has met the minimum requirements under the 

17 rule issued under subsection (e)(4)(B)(i), the 

18 Secretary shall designate the existing MPO as 

19 a tier II MPO. 

20 ‘‘(6) REDESIGNATION.— 

21 ‘‘(A) IN GENERAL.—The designation of a 

22 metropolitan planning organization under this 

23 subsection shall remain in effect until the date 

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1 ance with the requirements of this subsection 

2 pursuant to an agreement between— 

3 ‘‘(i) the applicable Governor; and 

4 ‘‘(ii) affected local officials who, in the 

5 aggregate, represent at least 75 percent of 

6 the existing metropolitan planning area 

7 population (including the largest incor8 porated city (based on population), as cal9 culated according to the most recent de10 cennial census). 

11 ‘‘(B) RESTRUCTURING.—A metropolitan 

12 planning organization may be restructured to 

13 meet the requirements of paragraph (3) without 

14 undertaking a redesignation. 

15 ‘‘(7) ABSENCE OF DESIGNATION.— 

16 ‘‘(A) IN GENERAL.—A metropolitan plan17 ning organization that is the subject of a nega18 tive determination of the Secretary under para19 graph (5)(B)(ii) shall submit to the State in 

20 which the metropolitan planning organization is 

21 located, or to a planning organization des22 ignated by the State, by not later than 180 

23 days after the date on which a notice of the 

24 negative determination is received, a 6-month 

25 plan that includes a description of a method— 


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1 ‘‘(i) to transfer the responsibilities of 

2 the metropolitan planning organization to 

3 the State; and 

4 ‘‘(ii) to dissolve the metropolitan plan5 ning organization. 

6 ‘‘(B) ACTION ON DISSOLUTION.—On sub7 mission of a plan under subparagraph (A), the 

8 metropolitan planning area served by the appli9 cable metropolitan planning organization 

10 shall— 

11 ‘‘(i) continue to receive metropolitan 

12 transportation planning funds until the 

13 earlier of— 

14 ‘‘(I) the date of dissolution of the 

15 metropolitan planning organization; 

16 and 

17 ‘‘(II) the date that is 4 years 

18 after the date of enactment of the 

19 MAP–21; and 

20 ‘‘(ii) be treated by the State as a non21 metropolitan area for purposes of this title. 

22 ‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 

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1 ning area only if the applicable Governor and 

2 an existing MPO determine that the size and 

3 complexity of the existing metropolitan planning 

4 area make the designation of more than 1 met5 ropolitan planning organization for the metro6 politan planning area appropriate. 

7 ‘‘(B) SERVICE JURISDICTIONS.—If more 

8 than 1 metropolitan planning organization is 

9 designated for an existing metropolitan plan10 ning area under subparagraph (A), the existing 

11 metropolitan planning area shall be split into 

12 multiple metropolitan planning areas, each of 

13 which shall be served by the existing MPO or 

14 a new metropolitan planning organization. 

15 ‘‘(C) TIER DESIGNATION.—The tier des16 ignation of each metropolitan planning organi17 zation subject to a designation under this para18 graph shall be determined based on the size of 

19 each respective metropolitan planning area, in 

20 accordance with subsection (e)(4). 

21 ‘‘(d) METROPOLITAN PLANNING AREA BOUND22 ARIES.— 

23 ‘‘(1) IN GENERAL.—For purposes of this sec24 tion, the boundaries of a metropolitan planning area 

25 shall be determined by agreement between the appliVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 cable metropolitan planning organization and the 

2 Governor of the State in which the metropolitan 

3 planning area is located. 

4 ‘‘(2) INCLUDED AREA.—Each metropolitan 

5 planning area— 

6 ‘‘(A) shall encompass at least the relevant 

7 existing urbanized area and any contiguous 

8 area expected to become urbanized within a 20- 

9 year forecast period under the applicable metro10 politan transportation plan; and 

11 ‘‘(B) may encompass the entire relevant 

12 metropolitan statistical area, as defined by the 

13 Office of Management and Budget. 

14 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

15 AREAS.—The designation by the Bureau of the Cen16 sus of a new urbanized area within the boundaries 

17 of an existing metropolitan planning area shall not 

18 require the redesignation of the relevant existing 

19 MPO. 

20 ‘‘(4) NONATTAINMENT AND MAINTENANCE

21 AREAS.— 

22 ‘‘(A) EXISTING METROPOLITAN PLANNING

23 AREAS.— 

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1 graph (2), in the case of an urbanized area 

2 designated as a nonattainment area or 

3 maintenance area as of the date of enact4 ment of the MAP–21, the boundaries of 

5 the existing metropolitan planning area as 

6 of that date of enactment shall remain in 

7 force and effect. 

8 ‘‘(ii) EXCEPTION.—Notwithstanding 

9 clause (i), the boundaries of an existing 

10 metropolitan planning area described in 

11 that clause may be adjusted by agreement 

12 of the applicable Governor and the affected 

13 metropolitan planning organizations in ac14 cordance with paragraph (1). 

15 ‘‘(B) NEW METROPOLITAN PLANNING

16 AREAS.—In the case of an urbanized area des17 ignated as a nonattainment area or mainte18 nance area after the date of enactment of the 

19 MAP–21, the boundaries of the applicable met20 ropolitan planning area— 

21 ‘‘(i) shall be established in accordance 

22 with subsection (c)(1); 

23 ‘‘(ii) shall encompass the areas de24 scribed in paragraph (2)(A); 


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1 ‘‘(iii) may encompass the areas de2 scribed in paragraph (2)(B); and 

3 ‘‘(iv) may address any appropriate 

4 nonattainment area or maintenance area. 

5 ‘‘(e) REQUIREMENTS.— 

6 ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To 

7 accomplish the policy objectives described in sub8 section (a), each metropolitan planning organization, 

9 in cooperation with the applicable State and public 

10 transportation operators, shall develop metropolitan 

11 transportation plans and transportation improve12 ment programs for metropolitan planning areas of 

13 the State through a performance-driven, outcome14 based approach to metropolitan transportation plan15 ning consistent with subsection (h). 

16 ‘‘(2) CONTENTS.—The metropolitan transpor17 tation plans and transportation improvement pro18 grams for each metropolitan area shall provide for 

19 the development and integrated management and 

20 operation of transportation systems and facilities 

21 (including accessible pedestrian walkways, bicycle 

22 transportation facilities, and intermodal facilities 

23 that support intercity transportation) that will func24 tion as— 


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1 ‘‘(A) an intermodal transportation system 

2 for the metropolitan planning area; and 

3 ‘‘(B) an integral part of an intermodal 

4 transportation system for the applicable State 

5 and the United States. 

6 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

7 for developing metropolitan transportation plans and 

8 transportation improvement programs shall— 

9 ‘‘(A) provide for consideration of all modes 

10 of transportation; and 

11 ‘‘(B) be continuing, cooperative, and com12 prehensive to the degree appropriate, based on 

13 the complexity of the transportation needs to be 

14 addressed. 

15 ‘‘(4) TIERING.— 

16 ‘‘(A) TIER I MPOS.— 

17 ‘‘(i) IN GENERAL.—A metropolitan 

18 planning organization shall be designated 

19 as a tier I MPO if— 

20 ‘‘(I) as certified by the Governor 

21 of each applicable State, the metro22 politan planning organization operates 

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1 uals, as calculated according to the 

2 most recent decennial census; and 

3 ‘‘(II) the Secretary determines 

4 the metropolitan planning organiza5 tion— 

6 ‘‘(aa) meets the minimum 

7 technical requirements under 

8 clause (iv); and 

9 ‘‘(bb) not later than 2 years 

10 after the date of enactment of 

11 the MAP–21, will fully imple12 ment the processes described in 

13 subsections (h) though (j). 

14 ‘‘(ii) ABSENCE OF DESIGNATION.—In 

15 the absence of designation as a tier I MPO 

16 under clause (i), a metropolitan planning 

17 organization shall operate as a tier II 

18 MPO until the date on which the Secretary 

19 determines the metropolitan planning orga20 nization can meet the minimum technical 

21 requirements under clause (iv). 

22 ‘‘(iii) REDESIGNATION AS TIER I.—A 

23 metropolitan planning organization oper24 ating within a metropolitan planning area 

25 with a population of 200,000 or more and 


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1 fewer than 1,000,000 individuals and pri2 marily within urbanized areas with popu3 lations of 200,000 or more individuals, as 

4 calculated according to the most recent de5 cennial census, that is designated as a tier 

6 II MPO under subparagraph (B) may re7 quest, with the support of the applicable 

8 Governor, a redesignation as a tier I MPO 

9 on a determination by the Secretary that 

10 the metropolitan planning organization has 

11 met the minimum technical requirements 

12 under clause (iv). 

13 ‘‘(iv) MINIMUM TECHNICAL REQUIRE14 MENTS.—Not later than 1 year after the 

15 date of enactment of the MAP–21, the 

16 Secretary shall issue a rule that establishes 

17 the minimum technical requirements nec18 essary for a metropolitan planning organi19 zation to be designated as a tier I MPO, 

20 including, at a minimum, modeling, data, 

21 staffing, and other technical requirements. 

22 ‘‘(B) TIER II MPOS.— 

23 ‘‘(i) IN GENERAL.—Not later than 1 

24 year after the date of enactment of the 

25 MAP–21, the Secretary shall issue a rule 


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1 that establishes minimum requirements 

2 necessary for a metropolitan planning or3 ganization to be designated as a tier II 

4 MPO. 

5 ‘‘(ii) REQUIREMENTS.—The minimum 

6 requirements established under clause (i) 

7 shall— 

8 ‘‘(I) be limited to ensuring that 

9 each metropolitan planning organiza10 tion has the capabilities necessary to 

11 develop the metropolitan transpor12 tation plan and transportation im13 provement program under this sec14 tion; and 

15 ‘‘(II) include— 

16 ‘‘(aa) only the staffing capa17 bilities necessary to operate the 

18 metropolitan planning organiza19 tion; and 

20 ‘‘(bb) a requirement that the 

21 metropolitan planning organiza22 tion has the technical capacity to 

23 conduct the travel demand model 

24 and forecasting necessary, as ap25 propriate based on the size and 


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1 resources of the metropolitan 

2 planning organization, to fulfill 

3 the requirements of this section, 

4 except that in cases in which a 

5 metropolitan planning organiza6 tion has a formal agreement with 

7 a State to conduct the modeling 

8 on behalf of the metropolitan 

9 planning organization, the metro10 politan planning organization 

11 shall be exempt from the tech12 nical capacity requirement. 

13 ‘‘(iii) LIMITATION.—The rule issued 

14 pursuant to this subparagraph shall only 

15 include the minimum requirements estab16 lished under clause (ii). 

17 ‘‘(iv) INCLUSION.—A metropolitan 

18 planning organization operating primarily 

19 within an urbanized area with a population 

20 of 200,000 or more individuals, as cal21 culated according to the most recent de22 cennial census, and that does not qualify 

23 as a tier I MPO under subparagraph 

24 (A)(i), shall— 


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1 ‘‘(I) be designated as a tier II 

2 MPO; and 

3 ‘‘(II) follow the processes under 

4 subsection (k). 

5 ‘‘(C) CONSOLIDATION.— 

6 ‘‘(i) IN GENERAL.—Metropolitan plan7 ning organizations operating within contig8 uous, adjacent, or geographically linked ur9 banized areas may elect to consolidate in 

10 order to meet the population thresholds re11 quired to achieve designation as a tier I or 

12 tier II MPO under this paragraph. 

13 ‘‘(ii) EFFECT OF SUBSECTION.— 

14 Nothing in this subsection requires or pre15 vents consolidation among multiple metro16 politan planning organizations located 

17 within a single urbanized area. 

18 ‘‘(f) COORDINATION IN MULTISTATE AREAS.— 

19 ‘‘(1) IN GENERAL.—The Secretary shall encour20 age each Governor with responsibility for a portion 

21 of a multistate metropolitan area and the appro22 priate metropolitan planning organizations to pro23 vide coordinated transportation planning for the en24 tire metropolitan area. 


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1 ‘‘(2) COORDINATION ALONG DESIGNATED

2 TRANSPORTATION CORRIDORS.—The Secretary shall 

3 encourage each Governor with responsibility for a 

4 portion of a multistate metropolitan area and the 

5 appropriate metropolitan planning organizations to 

6 provide coordinated transportation planning for the 

7 entire designated transportation corridor. 

8 ‘‘(3) COORDINATION WITH INTERSTATE COM9 PACTS.—The Secretary shall encourage metropolitan 

10 planning organizations to take into consideration, 

11 during the development of metropolitan transpor12 tation plans and transportation improvement pro13 grams, any relevant transportation studies con14 cerning planning for regional transportation (includ15 ing high-speed and intercity rail corridor studies, 

16 commuter rail corridor studies, intermodal termi17 nals, and interstate highways) in support of freight, 

18 intercity, or multistate area projects and services 

19 that have been developed pursuant to interstate com20 pacts or agreements, or by organizations established 

21 under section 135. 

22 ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANSPOR23 TATION PLAN AND TIP DEVELOPMENT.— 

24 ‘‘(1) NONATTAINMENT AND MAINTENANCE

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1 nization has authority within a metropolitan area, 

2 nonattainment area, or maintenance area, each met3 ropolitan planning organization shall consult with all 

4 other metropolitan planning organizations des5 ignated for the metropolitan area, nonattainment 

6 area, or maintenance area and the State in the de7 velopment of metropolitan transportation plans and 

8 transportation improvement programs under this 

9 section. 

10 ‘‘(2) TRANSPORTATION IMPROVEMENTS LO11 CATED IN MULTIPLE METROPOLITAN PLANNING

12 AREAS.—If a transportation improvement project 

13 funded under this title or chapter 53 of title 49 is 

14 located within the boundaries of more than 1 metro15 politan planning area, the affected metropolitan 

16 planning organizations shall coordinate metropolitan 

17 transportation plans and transportation improve18 ment programs regarding the project. 

19 ‘‘(3) COORDINATION OF ADJACENT PLANNING

20 ORGANIZATIONS.— 

21 ‘‘(A) IN GENERAL.—A metropolitan plan22 ning organization that is adjacent or located in 

23 reasonably close proximity to another metropoli24 tan planning organization shall coordinate with 

25 that metropolitan planning organization with 


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1 respect to planning processes, including prepa2 ration of metropolitan transportation plans and 

3 transportation improvement programs, to the 

4 maximum extent practicable. 

5 ‘‘(B) NONMETROPOLITAN PLANNING ORGA6 NIZATIONS.—A metropolitan planning organiza7 tion that is adjacent or located in reasonably 

8 close proximity to a nonmetropolitan planning 

9 organization shall consult with that nonmetro10 politan planning organization with respect to 

11 planning processes, to the maximum extent 

12 practicable. 

13 ‘‘(4) RELATIONSHIP WITH OTHER PLANNING

14 OFFICIALS.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 encourage each metropolitan planning organiza17 tion to cooperate with Federal, tribal, State, 

18 and local officers and entities responsible for 

19 other types of planning activities that are af20 fected by transportation in the relevant area 

21 (including planned growth, economic develop22 ment, infrastructure services, housing, other 

23 public services, nonmotorized users, environ24 mental protection, airport operations, high25 speed and intercity passenger rail, freight rail, 


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1 port access, and freight movements), to the 

2 maximum extent practicable, to ensure that the 

3 metropolitan transportation planning process, 

4 metropolitan transportation plans, and trans5 portation improvement programs are developed 

6 in cooperation with other related planning ac7 tivities in the area. 

8 ‘‘(B) INCLUSION.—Cooperation under sub9 paragraph (A) shall include the design and de10 livery of transportation services within the met11 ropolitan area that are provided by— 

12 ‘‘(i) recipients of assistance under sec13 tions 202, 203, and 204; 

14 ‘‘(ii) recipients of assistance under 

15 chapter 53 of title 49; 

16 ‘‘(iii) government agencies and non17 profit organizations (including representa18 tives of the agencies and organizations) 

19 that receive Federal assistance from a 

20 source other than the Department of 

21 Transportation to provide nonemergency 

22 transportation services; and 

23 ‘‘(iv) sponsors of regionally significant 

24 programs, projects, and services that are 


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1 related to transportation and receive as2 sistance from any public or private source. 

3 ‘‘(5) COORDINATION OF OTHER FEDERALLY RE4 QUIRED PLANNING PROGRAMS.—The Secretary shall 

5 encourage each metropolitan planning organization 

6 to coordinate, to the maximum extent practicable, 

7 the development of metropolitan transportation 

8 plans and transportation improvement programs 

9 with other relevant federally required planning pro10 grams. 

11 ‘‘(h) SCOPE OF PLANNING PROCESS.— 

12 ‘‘(1) IN GENERAL.—The metropolitan transpor13 tation planning process for a metropolitan planning 

14 area under this section shall provide for consider15 ation of projects and strategies that will— 

16 ‘‘(A) support the economic vitality of the 

17 metropolitan area, especially by enabling global 

18 competitiveness, travel and tourism (where ap19 plicable), productivity, and efficiency; 

20 ‘‘(B) increase the safety of the transpor21 tation system for motorized and nonmotorized 

22 users; 

23 ‘‘(C) increase the security of the transpor24 tation system for motorized and nonmotorized 

25 users; 


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1 ‘‘(D) increase the accessibility and mobility 

2 of individuals and freight; 

3 ‘‘(E) protect and enhance the environment, 

4 promote energy conservation, improve the qual5 ity of life, and promote consistency between 

6 transportation improvements and State and 

7 local planned growth and economic development 

8 patterns; 

9 ‘‘(F) enhance the integration and 

10 connectivity of the transportation system, 

11 across and between modes, for individuals and 

12 freight; 

13 ‘‘(G) increase efficient system management 

14 and operation; and 

15 ‘‘(H) emphasize the preservation of the ex16 isting transportation system. 

17 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

18 ‘‘(A) IN GENERAL.—The metropolitan 

19 transportation planning process shall provide 

20 for the establishment and use of a performance21 based approach to transportation decision22 making to support the national goals described 

23 in section 150(b) of this title and in section 

24 5301(c) of title 49. 

25 ‘‘(B) PERFORMANCE TARGETS.— 


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1 ‘‘(i) SURFACE TRANSPORTATION PER2 FORMANCE TARGETS.— 

3 ‘‘(I) IN GENERAL.—Each metro4 politan planning organization shall es5 tablish performance targets that ad6 dress the performance measures de7 scribed in sections 119(f), 148(h), 

8 149(k), where applicable, and 167(i) 

9 to use in tracking attainment of crit10 ical outcomes for the region of the 

11 metropolitan planning organization. 

12 ‘‘(II) COORDINATION.—Selection 

13 of performance targets by a metropoli14 tan planning organization shall be co15 ordinated with the relevant State to 

16 ensure consistency, to the maximum 

17 extent practicable. 

18 ‘‘(ii) PUBLIC TRANSPORTATION PER19 FORMANCE TARGETS.—Each metropolitan 

20 planning organization shall adopt the per21 formance targets identified by providers of 

22 public transportation pursuant to sections 

23 5326(c) and 5329(d) of title 49, for use in 

24 tracking attainment of critical outcomes 


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1 for the region of the metropolitan planning 

2 organization. 

3 ‘‘(C) TIMING.—Each metropolitan plan4 ning organization shall establish the perform5 ance targets under subparagraph (B) not later 

6 than 90 days after the date on which the rel7 evant State or provider of public transportation 

8 establishes the performance targets. 

9 ‘‘(D) INTEGRATION OF OTHER PERFORM10 ANCE-BASED PLANS.—A metropolitan planning 

11 organization shall integrate in the metropolitan 

12 transportation planning process, directly or by 

13 reference, the goals, objectives, performance 

14 measures, and targets described in other State 

15 plans and processes, as well as asset manage16 ment and safety plans developed by providers of 

17 public transportation, required as part of a per18 formance-based program, including plans such 

19 as— 

20 ‘‘(i) the State National Highway Sys21 tem asset management plan; 

22 ‘‘(ii) asset management plans devel23 oped by providers of public transportation; 

24 ‘‘(iii) the State strategic highway safe25 ty plan; 


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1 ‘‘(iv) safety plans developed by pro2 viders of public transportation; 

3 ‘‘(v) the congestion mitigation and air 

4 quality performance plan, where applicable; 

5 ‘‘(vi) the national freight strategic 

6 plan; and 

7 ‘‘(vii) the statewide transportation 

8 plan. 

9 ‘‘(E) USE OF PERFORMANCE MEASURES

10 AND TARGETS.—The performance measures 

11 and targets established under this paragraph 

12 shall be used, at a minimum, by the relevant 

13 metropolitan planning organization as the basis 

14 for development of policies, programs, and in15 vestment priorities reflected in the metropolitan 

16 transportation plan and transportation improve17 ment program. 

18 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The 

19 failure to take into consideration 1 or more of the 

20 factors specified in paragraphs (1) and (2) shall not 

21 be subject to review by any court under this title, 

22 chapter 53 of title 49, subchapter II of chapter 5 of 

23 title 5, or chapter 7 of title 5 in any matter affecting 

24 a metropolitan transportation plan, a transportation 


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1 improvement program, a project or strategy, or the 

2 certification of a planning process. 

3 ‘‘(4) PARTICIPATION BY INTERESTED PAR4 TIES.— 

5 ‘‘(A) IN GENERAL.—Each metropolitan 

6 planning organization shall provide to affected 

7 individuals, public agencies, and other inter8 ested parties (including State representatives of 

9 nonmotorized users) notice and a reasonable op10 portunity to comment on the metropolitan 

11 transportation plan and transportation improve12 ment program and any relevant scenarios. 

13 ‘‘(B) CONTENTS OF PARTICIPATION

14 PLAN.—Each metropolitan planning organiza15 tion shall establish a participation plan that— 

16 ‘‘(i) is developed in consultation with 

17 interested parties and local officials; and 

18 ‘‘(ii) provides that interested parties 

19 and local officials shall have reasonable op20 portunities to comment on the contents of 

21 the metropolitan transportation plan of the 

22 metropolitan planning organization. 

23 ‘‘(C) METHODS.—In carrying out subpara24 graph (A), the metropolitan planning organiza25 tion shall, to the maximum extent practicable— 


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1 ‘‘(i) develop the metropolitan trans2 portation plan and transportation improve3 ment program in consultation with inter4 ested parties, as appropriate, including by 

5 the formation of advisory groups represent6 ative of the community and interested par7 ties (including State representatives of 

8 nonmotorized users) that participate in the 

9 development of the metropolitan transpor10 tation plan and transportation improve11 ment program; 

12 ‘‘(ii) hold any public meetings at 

13 times and locations that are, as applica14 ble— 

15 ‘‘(I) convenient; and 

16 ‘‘(II) in compliance with the 

17 Americans with Disabilities Act of 

18 1990 (42 U.S.C. 12101 et seq.); 

19 ‘‘(iii) employ visualization techniques 

20 to describe metropolitan transportation 

21 plans and transportation improvement pro22 grams; and 

23 ‘‘(iv) make public information avail24 able in appropriate electronically accessible 

25 formats and means, such as the Internet, 


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1 to afford reasonable opportunity for con2 sideration of public information under sub3 paragraph (A). 

4 ‘‘(i) DEVELOPMENT OF METROPOLITAN TRANSPOR5 TATION PLAN.— 

6 ‘‘(1) DEVELOPMENT.— 

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

8 subparagraph (B), not later than 5 years after 

9 the date of enactment of the MAP–21, and not 

10 less frequently than once every 5 years there11 after, each metropolitan planning organization 

12 shall prepare and update, respectively, a metro13 politan transportation plan for the relevant 

14 metropolitan planning area in accordance with 

15 this section. 

16 ‘‘(B) EXCEPTIONS.—A metropolitan plan17 ning organization shall prepare or update, as 

18 appropriate, the metropolitan transportation 

19 plan not less frequently than once every 4 years 

20 if the metropolitan planning organization is op21 erating within— 

22 ‘‘(i) a nonattainment area; or 

23 ‘‘(ii) a maintenance area. 

24 ‘‘(2) OTHER REQUIREMENTS.—A metropolitan 

25 transportation plan under this section shall— 


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1 ‘‘(A) be in a form that the Secretary deter2 mines to be appropriate; 

3 ‘‘(B) have a term of not less than 20 

4 years; and 

5 ‘‘(C) contain, at a minimum— 

6 ‘‘(i) an identification of the existing 

7 transportation infrastructure, including 

8 highways, local streets and roads, bicycle 

9 and pedestrian facilities, public transpor10 tation facilities and services, commuter rail 

11 facilities and services, high-speed and 

12 intercity passenger rail facilities and serv13 ices, freight facilities (including freight 

14 railroad and port facilities), multimodal 

15 and intermodal facilities, and intermodal 

16 connectors that, evaluated in the aggre17 gate, function as an integrated metropoli18 tan transportation system; 

19 ‘‘(ii) a description of the performance 

20 measures and performance targets used in 

21 assessing the existing and future perform22 ance of the transportation system in ac23 cordance with subsection (h)(2); 

24 ‘‘(iii) a description of the current and 

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1 tation system, including a projection based 

2 on a preferred scenario, and further in3 cluding, to the extent practicable, an iden4 tification of existing or planned transpor5 tation rights-of-way, corridors, facilities, 

6 and related real properties; 

7 ‘‘(iv) a system performance report 

8 evaluating the existing and future condi9 tion and performance of the transportation 

10 system with respect to the performance 

11 targets described in subsection (h)(2) and 

12 updates in subsequent system performance 

13 reports, including— 

14 ‘‘(I) progress achieved by the 

15 metropolitan planning organization in 

16 meeting the performance targets in 

17 comparison with system performance 

18 recorded in previous reports; 

19 ‘‘(II) an accounting of the per20 formance of the metropolitan planning 

21 organization on outlay of obligated 

22 project funds and delivery of projects 

23 that have reached substantial comple24 tion in relation to— 


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1 ‘‘(aa) the projects included 

2 in the transportation improve3 ment program; and 

4 ‘‘(bb) the projects that have 

5 been removed from the previous 

6 transportation improvement pro7 gram; and 

8 ‘‘(III) when appropriate, an anal9 ysis of how the preferred scenario has 

10 improved the conditions and perform11 ance of the transportation system and 

12 how changes in local policies, invest13 ments, and growth have impacted the 

14 costs necessary to achieve the identi15 fied performance targets; 

16 ‘‘(v) recommended strategies and in17 vestments for improving system perform18 ance over the planning horizon, including 

19 transportation systems management and 

20 operations strategies, maintenance strate21 gies, demand management strategies, asset 

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1 tems deployment, and technology adoption 

2 strategies, as determined by the projected 

3 support of the performance targets de4 scribed in subsection (h)(2); 

5 ‘‘(vi) recommended strategies and in6 vestments to improve and integrate dis7 ability-related access to transportation in8 frastructure, including strategies and in9 vestments based on a preferred scenario, 

10 when appropriate; 

11 ‘‘(vii) investment priorities for using 

12 projected available and proposed revenues 

13 over the short- and long-term stages of the 

14 planning horizon, in accordance with the 

15 financial plan required under paragraph 

16 (4); 

17 ‘‘(viii) a description of interstate com18 pacts entered into in order to promote co19 ordinated transportation planning in 

20 multistate areas, if applicable; 

21 ‘‘(ix) an optional illustrative list of 

22 projects containing investments that— 

23 ‘‘(I) are not included in the met24 ropolitan transportation plan; but 


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1 ‘‘(II) would be so included if re2 sources in addition to the resources 

3 identified in the financial plan under 

4 paragraph (4) were available; 

5 ‘‘(x) a discussion (developed in con6 sultation with Federal, State, and tribal 

7 wildlife, land management, and regulatory 

8 agencies) of types of potential environ9 mental and stormwater mitigation activi10 ties and potential areas to carry out those 

11 activities, including activities that may 

12 have the greatest potential to restore and 

13 maintain the environmental functions af14 fected by the metropolitan transportation 

15 plan; and 

16 ‘‘(xi) recommended strategies and in17 vestments, including those developed by 

18 the State as part of interstate compacts, 

19 agreements, or organizations, that support 

20 intercity transportation. 

21 ‘‘(3) SCENARIO DEVELOPMENT.— 

22 ‘‘(A) IN GENERAL.—When preparing the 

23 metropolitan transportation plan, the metropoli24 tan planning organization may, while fitting the 

25 needs and complexity of its community, develop 


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1 multiple scenarios for consideration as a part of 

2 the development of the metropolitan transpor3 tation plan, in accordance with subparagraph 

4 (B). 

5 ‘‘(B) COMPONENTS OF SCENARIOS.—The 

6 scenarios— 

7 ‘‘(i) shall include potential regional in8 vestment strategies for the planning hori9 zon; 

10 ‘‘(ii) shall include assumed distribu11 tion of population and employment; 

12 ‘‘(iii) may include a scenario that, to 

13 the maximum extent practicable, maintains 

14 baseline conditions for the performance 

15 measures identified in subsection (h)(2); 

16 ‘‘(iv) may include a scenario that im17 proves the baseline conditions for as many 

18 of the performance measures identified in 

19 subsection (h)(2) as possible; 

20 ‘‘(v) shall be revenue constrained 

21 based on the total revenues expected to be 

22 available over the forecast period of the 

23 plan; and 


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1 ‘‘(vi) may include estimated costs and 

2 potential revenues available to support 

3 each scenario. 

4 ‘‘(C) METRICS.—In addition to the per5 formance measures identified in subsection 

6 (h)(2), scenarios developed under this para7 graph may be evaluated using locally-developed 

8 metrics for the following categories: 

9 ‘‘(i) Congestion and mobility, includ10 ing transportation use by mode. 

11 ‘‘(ii) Freight movement. 

12 ‘‘(iii) Safety. 

13 ‘‘(iv) Efficiency and costs to tax14 payers. 

15 ‘‘(4) FINANCIAL PLAN.—A financial plan re16 ferred to in paragraph (2)(C)(vii) shall— 

17 ‘‘(A) be prepared by each metropolitan 

18 planning organization to support the metropoli19 tan transportation plan; and 

20 ‘‘(B) contain a description of each of the 

21 following: 

22 ‘‘(i) Projected resource requirements 

23 for implementing projects, strategies, and 

24 services recommended in the metropolitan 

25 transportation plan, including existing and 


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1 projected system operating and mainte2 nance needs, proposed enhancement and 

3 expansions to the system, projected avail4 able revenue from Federal, State, local, 

5 and private sources, and innovative financ6 ing techniques to finance projects and pro7 grams. 

8 ‘‘(ii) The projected difference between 

9 costs and revenues, and strategies for se10 curing additional new revenue (such as by 

11 capture of some of the economic value cre12 ated by any new investment). 

13 ‘‘(iii) Estimates of future funds, to be 

14 developed cooperatively by the metropolitan 

15 planning organization, any public transpor16 tation agency, and the State, that are rea17 sonably expected to be available to support 

18 the investment priorities recommended in 

19 the metropolitan transportation plan. 

20 ‘‘(iv) Each applicable project only if 

21 full funding can reasonably be anticipated 

22 to be available for the project within the 

23 time period contemplated for completion of 

24 the project. 


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1 ‘‘(5) COORDINATION WITH CLEAN AIR ACT

2 AGENCIES.—The metropolitan planning organization 

3 for any metropolitan area that is a nonattainment 

4 area or maintenance area shall coordinate the devel5 opment of a transportation plan with the process for 

6 development of the transportation control measures 

7 of the State implementation plan required by the 

8 Clean Air Act (42 U.S.C. 7401 et seq.). 

9 ‘‘(6) PUBLICATION.—On approval by the rel10 evant metropolitan planning organization, a metro11 politan transportation plan involving Federal partici12 pation shall be, at such times and in such manner 

13 as the Secretary shall require— 

14 ‘‘(A) published or otherwise made readily 

15 available by the metropolitan planning organi16 zation for public review, including (to the max17 imum extent practicable) in electronically acces18 sible formats and means, such as the Internet; 

19 and 

20 ‘‘(B) submitted for informational purposes 

21 to the applicable Governor. 

22 ‘‘(7) CONSULTATION.— 

23 ‘‘(A) IN GENERAL.—In each metropolitan 

24 area, the metropolitan planning organization 

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1 al, State, and local agencies responsible for land 

2 use management, natural resources, environ3 mental protection, conservation, and historic 

4 preservation concerning the development of a 

5 metropolitan transportation plan. 

6 ‘‘(B) ISSUES.—The consultation under 

7 subparagraph (A) shall involve, as available, 

8 consideration of— 

9 ‘‘(i) metropolitan transportation plans 

10 with Federal, tribal, State, and local con11 servation plans or maps; and 

12 ‘‘(ii) inventories of natural or historic 

13 resources. 

14 ‘‘(8) SELECTION OF PROJECTS FROM ILLUS15 TRATIVE LIST.—Notwithstanding paragraph (4), a 

16 State or metropolitan planning organization shall 

17 not be required to select any project from the illus18 trative list of additional projects included in the met19 ropolitan transportation plan under paragraph 

20 (2)(C)(ix). 

21 ‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 

22 ‘‘(1) DEVELOPMENT.— 

23 ‘‘(A) IN GENERAL.—In cooperation with 

24 the applicable State and any affected public 

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1 ning organization designated for a metropolitan 

2 area shall develop a transportation improvement 

3 program for the metropolitan planning area 

4 that— 

5 ‘‘(i) contains projects consistent with 

6 the current metropolitan transportation 

7 plan; 

8 ‘‘(ii) reflects the investment priorities 

9 established in the current metropolitan 

10 transportation plan; and 

11 ‘‘(iii) once implemented, will make sig12 nificant progress toward achieving the per13 formance targets established under sub14 section (h)(2). 

15 ‘‘(B) OPPORTUNITY FOR PARTICIPA16 TION.—In developing the transportation im17 provement program, the metropolitan planning 

18 organization, in cooperation with the State and 

19 any affected public transportation operator, 

20 shall provide an opportunity for participation by 

21 interested parties, in accordance with sub22 section (h)(4). 

23 ‘‘(C) UPDATING AND APPROVAL.—The 

24 transportation improvement program shall be— 


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1 ‘‘(i) updated not less frequently than 

2 once every 4 years, on a cycle compatible 

3 with the development of the relevant state4 wide transportation improvement program 

5 under section 135; and 

6 ‘‘(ii) approved by the applicable Gov7 ernor. 

8 ‘‘(2) CONTENTS.— 

9 ‘‘(A) PRIORITY LIST.—The transportation 

10 improvement program shall include a priority 

11 list of proposed federally supported projects and 

12 strategies to be carried out during the 4-year 

13 period beginning on the date of adoption of the 

14 transportation improvement program, and each 

15 4-year period thereafter, using existing and rea16 sonably available revenues in accordance with 

17 the financial plan under paragraph (3). 

18 ‘‘(B) DESCRIPTIONS.—Each project de19 scribed in the transportation improvement pro20 gram shall include sufficient descriptive mate21 rial (such as type of work, termini, length, and 

22 other similar factors) to identify the project or 

23 phase of the project and the effect that the 

24 project or project phase will have in addressing 

25 the targets described in subsection (h)(2). 


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1 ‘‘(C) PERFORMANCE TARGET ACHIEVE2 MENT.—The transportation improvement pro3 gram shall include, to the maximum extent 

4 practicable, a description of the anticipated ef5 fect of the transportation improvement program 

6 on attainment of the performance targets estab7 lished in the metropolitan transportation plan, 

8 linking investment priorities to those perform9 ance targets. 

10 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

11 In developing a transportation improvement 

12 program, an optional illustrative list of projects 

13 may be prepared containing additional invest14 ment priorities that— 

15 ‘‘(i) are not included in the transpor16 tation improvement program; but 

17 ‘‘(ii) would be so included if resources 

18 in addition to the resources identified in 

19 the financial plan under paragraph (3) 

20 were available. 

21 ‘‘(3) FINANCIAL PLAN.—A financial plan re22 ferred to in paragraph (2)(D)(ii) shall— 

23 ‘‘(A) be prepared by each metropolitan 

24 planning organization to support the transpor25 tation improvement program; and 


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1 ‘‘(B) contain a description of each of the 

2 following: 

3 ‘‘(i) Projected resource requirements 

4 for implementing projects, strategies, and 

5 services recommended in the transpor6 tation improvement program, including ex7 isting and projected system operating and 

8 maintenance needs, proposed enhancement 

9 and expansions to the system, projected 

10 available revenue from Federal, State, 

11 local, and private sources, and innovative 

12 financing techniques to finance projects 

13 and programs. 

14 ‘‘(ii) The projected difference between 

15 costs and revenues, and strategies for se16 curing additional new revenue (such as by 

17 capture of some of the economic value cre18 ated by any new investment). 

19 ‘‘(iii) Estimates of future funds, to be 

20 developed cooperatively by the metropolitan 

21 planning organization, any public transpor22 tation agency, and the State, that are rea23 sonably expected to be available to support 

24 the investment priorities recommended in 

25 the transportation improvement program. 


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1 ‘‘(iv) Each applicable project, only if 

2 full funding can reasonably be anticipated 

3 to be available for the project within the 

4 time period contemplated for completion of 

5 the project. 

6 ‘‘(4) INCLUDED PROJECTS.— 

7 ‘‘(A) PROJECTS UNDER THIS TITLE AND

8 CHAPTER 53 OF TITLE 49.—A transportation 

9 improvement program developed under this sub10 section for a metropolitan area shall include a 

11 description of the projects within the area that 

12 are proposed for funding under chapter 1 of 

13 this title and chapter 53 of title 49. 

14 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

15 ‘‘(i) REGIONALLY SIGNIFICANT.— 

16 Each regionally significant project pro17 posed for funding under chapter 2 shall be 

18 identified individually in the transportation 

19 improvement program. 

20 ‘‘(ii) NONREGIONALLY SIGNIFI21 CANT.—A description of each project pro22 posed for funding under chapter 2 that is 

23 not determined to be regionally significant 

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1 fied individually in the transportation im2 provement program. 

3 ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be4 fore approving a transportation improvement pro5 gram, a metropolitan planning organization, in co6 operation with the State and any affected public 

7 transportation operator, shall provide an opportunity 

8 for participation by interested parties in the develop9 ment of the transportation improvement program, in 

10 accordance with subsection (h)(4). 

11 ‘‘(6) SELECTION OF PROJECTS.— 

12 ‘‘(A) IN GENERAL.—Each tier I MPO and 

13 tier II MPO shall select projects carried out 

14 within the boundaries of the applicable metro15 politan planning area from the transportation 

16 improvement program, in consultation with the 

17 relevant State and on concurrence of the af18 fected facility owner, for funds apportioned to 

19 the State under section 104(b)(2) and suballo20 cated to the metropolitan planning area under 

21 section 133(d). 

22 ‘‘(B) PROJECTS UNDER CHAPTER 53 OF

23 TITLE 49.—In the case of projects under chap24 ter 53 of title 49, the selection of federally 

25 funded projects in metropolitan areas shall be 


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1 carried out, from the approved transportation 

2 improvement program, by the designated recipi3 ents of public transportation funding in co4 operation with the metropolitan planning orga5 nization. 

6 ‘‘(C) CMAQ PROJECTS.—Each tier I MPO 

7 shall select projects carried out within the 

8 boundaries of the applicable metropolitan plan9 ning area from the transportation improvement 

10 program, in consultation with the relevant State 

11 and on concurrence of the affected facility 

12 owner, for funds apportioned to the State under 

13 section 104(b)(4) and suballocated to the met14 ropolitan planning area under section 149(j). 

15 ‘‘(D) MODIFICATIONS TO PROJECT PRI16 ORITY.—Notwithstanding any other provision of 

17 law, approval by the Secretary shall not be re18 quired to carry out a project included in a 

19 transportation improvement program in place of 

20 another project in the transportation improve21 ment program. 

22 ‘‘(7) PUBLICATION.— 

23 ‘‘(A) IN GENERAL.—A transportation im24 provement program shall be published or other25 wise made readily available by the applicable 


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1 metropolitan planning organization for public 

2 review in electronically accessible formats and 

3 means, such as the Internet. 

4 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an5 nual list of projects, including investments in 

6 pedestrian walkways, bicycle transportation fa7 cilities, and intermodal facilities that support 

8 intercity transportation, for which Federal 

9 funds have been obligated during the preceding 

10 fiscal year shall be published or otherwise made 

11 available by the cooperative effort of the State, 

12 public transportation operator, and metropoli13 tan planning organization in electronically ac14 cessible formats and means, such as the Inter15 net, in a manner that is consistent with the cat16 egories identified in the relevant transportation 

17 improvement program. 

18 ‘‘(k) PLANNING REQUIREMENTS FOR TIER II 

19 MPOS.— 

20 ‘‘(1) IN GENERAL.—The Secretary may provide 

21 for the performance-based development of a metro22 politan transportation plan and transportation im23 provement program for the metropolitan planning 

24 area of a tier II MPO, as the Secretary determines 

25 to be appropriate, taking into account— 


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1 ‘‘(A) the complexity of transportation 

2 needs in the area; and 

3 ‘‘(B) the technical capacity of the metro4 politan planning organization. 

5 ‘‘(2) EVALUATION OF PERFORMANCE-BASED

6 PLANNING.—In reviewing a tier II MPO under sub7 section (m), the Secretary shall take into consider8 ation the effectiveness of the tier II MPO in imple9 menting and maintaining a performance-based plan10 ning process that— 

11 ‘‘(A) addresses the performance targets de12 scribed in subsection (h)(2); and 

13 ‘‘(B) demonstrates progress on the 

14 achievement of those performance targets. 

15 ‘‘(l) CERTIFICATION.— 

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

17 ‘‘(A) ensure that the metropolitan trans18 portation planning process of a metropolitan 

19 planning organization is being carried out in ac20 cordance with applicable Federal law; and 

21 ‘‘(B) subject to paragraph (2), certify, not 

22 less frequently than once every 4 years, that the 

23 requirements of subparagraph (A) are met with 

24 respect to the metropolitan transportation plan25 ning process. 


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1 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 

2 The Secretary may make a certification under para3 graph (1)(B) if— 

4 ‘‘(A) the metropolitan transportation plan5 ning process complies with the requirements of 

6 this section and other applicable Federal law; 

7 ‘‘(B) representation on the metropolitan 

8 planning organization board includes officials of 

9 public agencies that administer or operate 

10 major modes of transportation in the relevant 

11 metropolitan area, including providers of public 

12 transportation; and 

13 ‘‘(C) a transportation improvement pro14 gram for the metropolitan planning area has 

15 been approved by the relevant metropolitan 

16 planning organization and applicable Governor. 

17 ‘‘(3) DELEGATION OF AUTHORITY.—The Sec18 retary may— 

19 ‘‘(A) delegate to the appropriate State 

20 fact-finding authority regarding the certification 

21 of a tier II MPO under this subsection; and 

22 ‘‘(B) make the certification under para23 graph (1) in consultation with the State. 

24 ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 


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1 ‘‘(A) WITHHOLDING OF PROJECT

2 FUNDS.—If a metropolitan transportation plan3 ning process of a metropolitan planning organi4 zation is not certified under paragraph (1), the 

5 Secretary may withhold up to 20 percent of the 

6 funds attributable to the metropolitan planning 

7 area of the metropolitan planning organization 

8 for projects funded under this title and chapter 

9 53 of title 49. 

10 ‘‘(B) RESTORATION OF WITHHELD

11 FUNDS.—Any funds withheld under subpara12 graph (A) shall be restored to the metropolitan 

13 planning area on the date of certification of the 

14 metropolitan transportation planning process by 

15 the Secretary. 

16 ‘‘(5) PUBLIC INVOLVEMENT.—In making a de17 termination regarding certification under this sub18 section, the Secretary shall provide for public in19 volvement appropriate to the metropolitan planning 

20 area under review. 

21 ‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES

22 EVALUATION.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall estab24 lish criteria to evaluate the effectiveness of the per25 formance-based planning processes of metropolitan 


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1 planning organizations under this section, taking 

2 into consideration the following: 

3 ‘‘(A) The extent to which the metropolitan 

4 planning organization has achieved, or is cur5 rently making substantial progress toward 

6 achieving, the performance targets specified in 

7 subsection (h)(2), taking into account whether 

8 the metropolitan planning organization devel9 oped meaningful performance targets. 

10 ‘‘(B) The extent to which the metropolitan 

11 planning organization has used proven best 

12 practices that help ensure transportation invest13 ment that is efficient and cost-effective. 

14 ‘‘(C) The extent to which the metropolitan 

15 planning organization— 

16 ‘‘(i) has developed an investment proc17 ess that relies on public input and aware18 ness to ensure that investments are trans19 parent and accountable; and 

20 ‘‘(ii) provides regular reports allowing 

21 the public to access the information being 

22 collected in a format that allows the public 

23 to meaningfully assess the performance of 

24 the metropolitan planning organization. 

25 ‘‘(2) REPORT.— 


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1 ‘‘(A) IN GENERAL.—Not later than 5 years 

2 after the date of enactment of the MAP–21, the 

3 Secretary shall submit to Congress a report 

4 evaluating— 

5 ‘‘(i) the overall effectiveness of per6 formance-based planning as a tool for 

7 guiding transportation investments; and 

8 ‘‘(ii) the effectiveness of the perform9 ance-based planning process of each metro10 politan planning organization under this 

11 section. 

12 ‘‘(B) PUBLICATION.—The report under 

13 subparagraph (A) shall be published or other14 wise made available in electronically accessible 

15 formats and means, including on the Internet. 

16 ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN

17 NONATTAINMENT AREAS.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding any other 

19 provision of this title or chapter 53 of title 49, Fed20 eral funds may not be advanced in any metropolitan 

21 planning area classified as a nonattainment area or 

22 maintenance area for any highway project that will 

23 result in a significant increase in the carrying capac24 ity for single-occupant vehicles, unless the owner or 

25 operator of the project demonstrates that the project 


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1 will achieve or make substantial progress toward 

2 achieving the performance targets described in sub3 section (h)(2). 

4 ‘‘(2) APPLICABILITY.—This subsection applies 

5 to any nonattainment area or maintenance area 

6 within the boundaries of a metropolitan planning 

7 area, as determined under subsection (c). 

8 ‘‘(o) EFFECT OF SECTION.—Nothing in this section 

9 provides to any metropolitan planning organization the 

10 authority to impose any legal requirement on any trans11 portation facility, provider, or project not subject to the 

12 requirements of this title or chapter 53 of title 49. 

13 ‘‘(p) FUNDING.—Funds apportioned under section 

14 104(b)(6) of this title and set aside under section 5305(g) 

15 of title 49 shall be available to carry out this section. 

16 ‘‘(q) CONTINUATION OF CURRENT REVIEW PRAC17 TICE.— 

18 ‘‘(1) IN GENERAL.—In consideration of the fac19 tors described in paragraph (2), any decision by the 

20 Secretary concerning a metropolitan transportation 

21 plan or transportation improvement program shall 

22 not be considered to be a Federal action subject to 

23 review under the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321 et seq.). 


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1 ‘‘(2) DESCRIPTION OF FACTORS.—The factors 

2 referred to in paragraph (1) are that— 

3 ‘‘(A) metropolitan transportation plans and 

4 transportation improvement programs are sub5 ject to a reasonable opportunity for public com6 ment; 

7 ‘‘(B) the projects included in metropolitan 

8 transportation plans and transportation im9 provement programs are subject to review 

10 under the National Environmental Policy Act of 

11 1969 (42 U.S.C. 4321 et seq.); and 

12 ‘‘(C) decisions by the Secretary concerning 

13 metropolitan transportation plans and transpor14 tation improvement programs have not been re15 viewed under the National Environmental Pol16 icy Act of 1969 (42 U.S.C. 4321 et seq.) as of 

17 January 1, 1997. 

18 ‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The Sec19 retary shall issue guidance on a schedule for implementa20 tion of the changes made by this section, taking into con21 sideration the established planning update cycle for metro22 politan planning organizations. The Secretary shall not re23 quire a metropolitan planning organization to deviate from 

24 its established planning update cycle to implement 

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1 nizations shall reflect changes made to their transpor2 tation plan or transportation improvement program up3 dates by not later than 2 years after the date of issuance 

4 of guidance by the Secretary.’’. 

5 SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANS6 PORTATION PLANNING. 

7 (a) IN GENERAL.—Section 135 of title 23, United 

8 States Code, is amended to read as follows: 

9 ‘‘§ 135. Statewide and nonmetropolitan transpor10 tation planning 

11 ‘‘(a) STATEWIDE TRANSPORTATION PLANS AND

12 STIPS.— 

13 ‘‘(1) DEVELOPMENT.— 

14 ‘‘(A) IN GENERAL.—To accomplish the 

15 policy objectives described in section 134(a), 

16 each State shall develop a statewide transpor17 tation plan and a statewide transportation im18 provement program for all areas of the State in 

19 accordance with this section. 

20 ‘‘(B) INCORPORATION OF METROPOLITAN

21 TRANSPORTATION PLANS AND TIPS.—Each 

22 State shall incorporate in the statewide trans23 portation plan and statewide transportation im24 provement program, without change or by ref25 erence, the metropolitan transportation plans 


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1 and transportation improvement programs, re2 spectively, for each metropolitan planning area 

3 in the State. 

4 ‘‘(C) NONMETROPOLITAN AREAS.—Each 

5 State shall consult with local officials in small 

6 urbanized areas with a population of 50,000 or 

7 more individuals, but fewer than 200,000 indi8 viduals, as calculated according to the most re9 cent decennial census, and nonurbanized areas 

10 of the State in preparing the nonmetropolitan 

11 portions of statewide transportation plans and 

12 statewide transportation improvement pro13 grams. 

14 ‘‘(2) CONTENTS.—The statewide transportation 

15 plan and statewide transportation improvement pro16 gram developed for each State shall provide for the 

17 development and integrated management and oper18 ation of transportation systems and facilities (includ19 ing accessible pedestrian walkways, bicycle transpor20 tation facilities, and intermodal facilities that sup21 port intercity transportation) that will function as— 

22 ‘‘(A) an intermodal transportation system 

23 for the State; and 

24 ‘‘(B) an integral part of an intermodal 

25 transportation system for the United States. 


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1 ‘‘(3) PROCESS.—The process for developing the 

2 statewide transportation plan and statewide trans3 portation improvement program shall— 

4 ‘‘(A) provide for consideration of all modes 

5 of transportation; and 

6 ‘‘(B) be continuing, cooperative, and com7 prehensive to the degree appropriate, based on 

8 the complexity of the transportation needs to be 

9 addressed. 

10 ‘‘(b) COORDINATION AND CONSULTATION.— 

11 ‘‘(1) IN GENERAL.—Each State shall— 

12 ‘‘(A) coordinate planning carried out under 

13 this section with— 

14 ‘‘(i) the transportation planning ac15 tivities carried out under section 134 for 

16 metropolitan areas of the State; and 

17 ‘‘(ii) statewide trade and economic de18 velopment planning activities and related 

19 multistate planning efforts; 

20 ‘‘(B) coordinate planning carried out under 

21 this section with the transportation planning 

22 activities carried out by each nonmetropolitan 

23 planning organization in the State, as applica24 ble; 


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1 ‘‘(C) consult on planning carried out under 

2 this section with the transportation planning 

3 activities carried out by each rural planning or4 ganization in the State, as applicable; and 

5 ‘‘(D) develop the transportation portion of 

6 the State implementation plan as required by 

7 the Clean Air Act (42 U.S.C. 7401 et seq.). 

8 ‘‘(2) MULTISTATE AREAS.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 encourage each Governor with responsibility for 

11 a portion of a multistate metropolitan planning 

12 area and the appropriate metropolitan planning 

13 organizations to provide coordinated transpor14 tation planning for the entire metropolitan 

15 area. 

16 ‘‘(B) COORDINATION ALONG DESIGNATED

17 TRANSPORTATION CORRIDORS.—The Secretary 

18 shall encourage each Governor with responsi19 bility for a portion of a multistate transpor20 tation corridor to provide coordinated transpor21 tation planning for the entire designated cor22 ridor. 

23 ‘‘(C) INTERSTATE COMPACTS.—For pur24 poses of this section, any 2 or more States— 


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1 ‘‘(i) may enter into compacts, agree2 ments, or organizations not in conflict with 

3 any Federal law for cooperative efforts and 

4 mutual assistance in support of activities 

5 authorized under this section, as the activi6 ties relate to interstate areas and localities 

7 within the States; 

8 ‘‘(ii) may establish such agencies 

9 (joint or otherwise) as the States deter10 mine to be appropriate for ensuring the ef11 fectiveness of the agreements and com12 pacts; and 

13 ‘‘(iii) are encouraged to enter into 

14 such compacts, agreements, or organiza15 tions as are appropriate to develop plan16 ning documents in support of intercity or 

17 multistate area projects, facilities, and 

18 services, the relevant components of which 

19 shall be reflected in statewide transpor20 tation improvement programs and state21 wide transportation plans. 

22 ‘‘(D) RESERVATION OF RIGHTS.—The 

23 right to alter, amend, or repeal any interstate 

24 compact or agreement entered into under this 

25 subsection is expressly reserved. 


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1 ‘‘(c) RELATIONSHIP WITH OTHER PLANNING OFFI2 CIALS.— 

3 ‘‘(1) IN GENERAL.—The Secretary shall encour4 age each State to cooperate with Federal, tribal, 

5 State, and local officers and entities responsible for 

6 other types of planning activities that are affected 

7 by transportation in the relevant area (including 

8 planned growth, economic development, infrastruc9 ture services, housing, other public services, environ10 mental protection, airport operations, high-speed and 

11 intercity passenger rail, freight rail, port access, and 

12 freight movements), to the maximum extent prac13 ticable, to ensure that the statewide and nonmetro14 politan planning process, statewide transportation 

15 plans, and statewide transportation improvement 

16 programs are developed with due consideration for 

17 other related planning activities in the State. 

18 ‘‘(2) INCLUSION.—Cooperation under para19 graph (1) shall include the design and delivery of 

20 transportation services within the State that are pro21 vided by— 

22 ‘‘(A) recipients of assistance under sections 

23 202, 203, and 204; 

24 ‘‘(B) recipients of assistance under chapter 

25 53 of title 49; 


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1 ‘‘(C) government agencies and nonprofit 

2 organizations (including representatives of the 

3 agencies and organizations) that receive Federal 

4 assistance from a source other than the Depart5 ment of Transportation to provide non6 emergency transportation services; and 

7 ‘‘(D) sponsors of regionally significant pro8 grams, projects, and services that are related to 

9 transportation and receive assistance from any 

10 public or private source. 

11 ‘‘(d) SCOPE OF PLANNING PROCESS.— 

12 ‘‘(1) IN GENERAL.—The statewide transpor13 tation planning process for a State under this sec14 tion shall provide for consideration of projects, strat15 egies, and services that will— 

16 ‘‘(A) support the economic vitality of the 

17 United States, the State, nonmetropolitan 

18 areas, and metropolitan areas, especially by en19 abling global competitiveness, travel and tour20 ism (where applicable), productivity, and effi21 ciency; 

22 ‘‘(B) increase the safety of the transpor23 tation system for motorized and nonmotorized 

24 users; 


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1 ‘‘(C) increase the security of the transpor2 tation system for motorized and nonmotorized 

3 users; 

4 ‘‘(D) increase the accessibility and mobility 

5 of individuals and freight; 

6 ‘‘(E) protect and enhance the environment, 

7 promote energy conservation, improve the qual8 ity of life, and promote consistency between 

9 transportation improvements and State and 

10 local planned growth and economic development 

11 patterns; 

12 ‘‘(F) enhance the integration and 

13 connectivity of the transportation system, 

14 across and between modes, for individuals and 

15 freight; 

16 ‘‘(G) increase efficient system management 

17 and operation; and 

18 ‘‘(H) emphasize the preservation of the ex19 isting transportation system. 

20 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

21 ‘‘(A) IN GENERAL.—The statewide trans22 portation planning process shall provide for the 

23 establishment and use of a performance-based 

24 approach to transportation decisionmaking to 

25 support the national goals described in section 


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1 150(b) of this title and section 5301(c) of title 

2 49. 

3 ‘‘(B) SURFACE TRANSPORTATION PER4 FORMANCE TARGETS.— 

5 ‘‘(i) IN GENERAL.—Each State shall 

6 establish performance targets that address 

7 the performance measures described in sec8 tions 119(f), 148(h), and 167(i) to use in 

9 tracking attainment of critical outcomes 

10 for the region of the State. 

11 ‘‘(ii) COORDINATION.—Selection of 

12 performance targets by a State shall be co13 ordinated with relevant metropolitan plan14 ning organizations to ensure consistency, 

15 to the maximum extent practicable. 

16 ‘‘(C) PUBLIC TRANSPORTATION PERFORM17 ANCE TARGETS.—For providers of public trans18 portation operating in urbanized areas with a 

19 population of fewer than 200,000 individuals, 

20 as calculated according to the most recent de21 cennial census, and not represented by a metro22 politan planning organization, each State shall 

23 adopt the performance targets identified by 

24 such providers of public transportation pursu25 ant to sections 5326(c) and 5329(d) of title 49 


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1 for use in tracking attainment of critical out2 comes for the region of the metropolitan plan3 ning organization. 

4 ‘‘(D) INTEGRATION OF OTHER PERFORM5 ANCE-BASED PLANS.—A State shall integrate 

6 into the statewide transportation planning proc7 ess, directly or by reference, the goals, objec8 tives, performance measures, and performance 

9 targets described in this paragraph in other 

10 State plans and processes, and asset manage11 ment and safety plans developed by providers of 

12 public transportation in urbanized areas with a 

13 population of fewer than 200,000 individuals, 

14 as calculated according to the most recent de15 cennial census, and not represented by a metro16 politan planning organization, required as part 

17 of a performance-based program, including 

18 plans such as— 

19 ‘‘(i) the State National Highway Sys20 tem asset management plan; 

21 ‘‘(ii) asset management plans devel22 oped by providers of public transportation; 

23 ‘‘(iii) the State strategic highway safe24 ty plan; 


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1 ‘‘(iv) a congestion mitigation and air 

2 quality performance plan developed under 

3 section 149(k) by a tier I metropolitan 

4 planning organization (as defined in sec5 tion 134) representing a nonattainment or 

6 maintenance area; 

7 ‘‘(v) safety plans developed by pro8 viders of public transportation; and 

9 ‘‘(vi) the national freight strategic 

10 plan. 

11 ‘‘(E) USE OF PERFORMANCE MEASURES

12 AND TARGETS.—The performance measures 

13 and targets established under this paragraph 

14 shall be used, at a minimum, by a State as the 

15 basis for development of policies, programs, and 

16 investment priorities reflected in the statewide 

17 transportation plan and statewide transpor18 tation improvement program. 

19 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The 

20 failure to take into consideration 1 or more of the 

21 factors specified in paragraphs (1) and (2) shall not 

22 be subject to review by any court under this title, 

23 chapter 53 of title 49, subchapter II of chapter 5 of 

24 title 5, or chapter 7 of title 5 in any matter affecting 

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1 portation improvement program, a project or strat2 egy, or the certification of a planning process. 

3 ‘‘(4) PARTICIPATION BY INTERESTED PAR4 TIES.— 

5 ‘‘(A) IN GENERAL.—Each State shall pro6 vide to— 

7 ‘‘(i) nonmetropolitan local elected offi8 cials an opportunity to participate in ac9 cordance with subparagraph (B)(i); and 

10 ‘‘(ii) affected individuals, public agen11 cies, and other interested parties notice 

12 and a reasonable opportunity to comment 

13 on the statewide transportation plan and 

14 statewide transportation improvement pro15 gram. 

16 ‘‘(B) METHODS.—In carrying out this 

17 paragraph, the State shall— 

18 ‘‘(i) develop and document a consult19 ative process to carry out subparagraph 

20 (A)(i) that is separate and discrete from 

21 the public involvement process developed 

22 under clause (ii); 

23 ‘‘(ii) develop the statewide transpor24 tation plan and statewide transportation 

25 improvement program in consultation with 


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1 interested parties, as appropriate, includ2 ing by the formation of advisory groups 

3 representative of the State and interested 

4 parties that participate in the development 

5 of the statewide transportation plan and 

6 statewide transportation improvement pro7 gram; 

8 ‘‘(iii) hold any public meetings at 

9 times and locations that are, as applica10 ble— 

11 ‘‘(I) convenient; and 

12 ‘‘(II) in compliance with the 

13 Americans with Disabilities Act of 

14 1990 (42 U.S.C. 12101 et seq.); 

15 ‘‘(iv) employ visualization techniques 

16 to describe statewide transportation plans 

17 and statewide transportation improvement 

18 programs; and 

19 ‘‘(v) make public information available 

20 in appropriate electronically accessible for21 mats and means, such as the Internet, to 

22 afford reasonable opportunity for consider23 ation of public information under subpara24 graph (A). 

25 ‘‘(e) COORDINATION AND CONSULTATION.— 


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1 ‘‘(1) METROPOLITAN AREAS.— 

2 ‘‘(A) IN GENERAL.—Each State shall de3 velop a statewide transportation plan and state4 wide transportation improvement program for 

5 each metropolitan area in the State by incor6 porating, without change or by reference, at a 

7 minimum, as prepared by each metropolitan 

8 planning organization designated for the metro9 politan area under section 134— 

10 ‘‘(i) all regionally significant projects 

11 to be carried out during the 10-year period 

12 beginning on the effective date of the rel13 evant existing metropolitan transportation 

14 plan; and 

15 ‘‘(ii) all projects to be carried out dur16 ing the 4-year period beginning on the ef17 fective date of the relevant transportation 

18 improvement program. 

19 ‘‘(B) PROJECTED COSTS.—Each metropoli20 tan planning organization shall provide to each 

21 applicable State a description of the projected 

22 costs of implementing the projects included in 

23 the metropolitan transportation plan of the 

24 metropolitan planning organization for purposes 


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1 of metropolitan financial planning and fiscal 

2 constraint. 

3 ‘‘(2) NONMETROPOLITAN AREAS.—With respect 

4 to nonmetropolitan areas in a State, the statewide 

5 transportation plan and statewide transportation im6 provement program of the State shall be developed 

7 in consultation with affected nonmetropolitan local 

8 officials with responsibility for transportation, in9 cluding providers of public transportation. 

10 ‘‘(3) INDIAN TRIBAL AREAS.—With respect to 

11 each area of a State under the jurisdiction of an In12 dian tribe, the statewide transportation plan and 

13 statewide transportation improvement program of 

14 the State shall be developed in consultation with— 

15 ‘‘(A) the tribal government; and 

16 ‘‘(B) the Secretary of the Interior. 

17 ‘‘(4) FEDERAL LAND MANAGEMENT AGEN18 CIES.—With respect to each area of a State under 

19 the jurisdiction of a Federal land management agen20 cy, the statewide transportation plan and statewide 

21 transportation improvement program of the State 

22 shall be developed in consultation with the relevant 

23 Federal land management agency. 

24 ‘‘(5) CONSULTATION, COMPARISON, AND CON25 SIDERATION.— 


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1 ‘‘(A) IN GENERAL.—A statewide transpor2 tation plan shall be developed, as appropriate, 

3 in consultation with Federal, tribal, State, and 

4 local agencies responsible for land use manage5 ment, natural resources, infrastructure permit6 ting, environmental protection, conservation, 

7 and historic preservation. 

8 ‘‘(B) COMPARISON AND CONSIDERATION.— 

9 Consultation under subparagraph (A) shall in10 volve the comparison of statewide transpor11 tation plans to, as available— 

12 ‘‘(i) Federal, tribal, State, and local 

13 conservation plans or maps; and 

14 ‘‘(ii) inventories of natural or historic 

15 resources. 

16 ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 

17 ‘‘(1) DEVELOPMENT.— 

18 ‘‘(A) IN GENERAL.—Each State shall de19 velop a statewide transportation plan, the fore20 cast period of which shall be not less than 20 

21 years for all areas of the State, that provides 

22 for the development and implementation of the 

23 intermodal transportation system of the State. 

24 ‘‘(B) INITIAL PERIOD.—A statewide trans25 portation plan shall include, at a minimum, for 


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1 the first 10-year period of the statewide trans2 portation plan, the identification of existing and 

3 future transportation facilities that will function 

4 as an integrated statewide transportation sys5 tem, giving emphasis to those facilities that 

6 serve important national, statewide, and re7 gional transportation functions. 

8 ‘‘(C) SUBSEQUENT PERIOD.—For the sec9 ond 10-year period of the statewide transpor10 tation plan (referred to in this subsection as the 

11 ‘outer years period’), a statewide transportation 

12 plan— 

13 ‘‘(i) may include identification of fu14 ture transportation facilities; and 

15 ‘‘(ii) shall describe the policies and 

16 strategies that provide for the development 

17 and implementation of the intermodal 

18 transportation system of the State. 

19 ‘‘(D) OTHER REQUIREMENTS.—A state20 wide transportation plan shall— 

21 ‘‘(i) include, for the 20-year period 

22 covered by the statewide transportation 

23 plan, a description of— 


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1 ‘‘(I) the projected aggregate cost 

2 of projects anticipated by a State to 

3 be implemented; and 

4 ‘‘(II) the revenues necessary to 

5 support the projects; 

6 ‘‘(ii) include, in such form as the Sec7 retary determines to be appropriate, a de8 scription of— 

9 ‘‘(I) the existing transportation 

10 infrastructure, including an identifica11 tion of highways, local streets and 

12 roads, bicycle and pedestrian facilities, 

13 public transportation facilities and 

14 services, commuter rail facilities and 

15 services, high-speed and intercity pas16 senger rail facilities and services, 

17 freight facilities (including freight 

18 railroad and port facilities), 

19 multimodal and intermodal facilities, 

20 and intermodal connectors that, evalu21 ated in the aggregate, function as an 

22 integrated transportation system; 

23 ‘‘(II) the performance measures 

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1 formance of the transportation system 

2 described in subsection (d)(2); 

3 ‘‘(III) the current and projected 

4 future usage of the transportation 

5 system, including, to the maximum 

6 extent practicable, an identification of 

7 existing or planned transportation 

8 rights-of-way, corridors, facilities, and 

9 related real properties; 

10 ‘‘(IV) a system performance re11 port evaluating the existing and fu12 ture condition and performance of the 

13 transportation system with respect to 

14 the performance targets described in 

15 subsection (d)(2) and updates to sub16 sequent system performance reports, 

17 including— 

18 ‘‘(aa) progress achieved by 

19 the State in meeting performance 

20 targets, as compared to system 

21 performance recorded in previous 

22 reports; and 

23 ‘‘(bb) an accounting of the 

24 performance by the State on out25 lay of obligated project funds and 


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1 delivery of projects that have 

2 reached substantial completion, 

3 in relation to the projects cur4 rently on the statewide transpor5 tation improvement program and 

6 those projects that have been re7 moved from the previous state8 wide transportation improvement 

9 program; 

10 ‘‘(V) recommended strategies and 

11 investments for improving system per12 formance over the planning horizon, 

13 including transportation systems man14 agement and operations strategies, 

15 maintenance strategies, demand man16 agement strategies, asset management 

17 strategies, capacity and enhancement 

18 investments, land use improvements, 

19 intelligent transportation systems de20 ployment and technology adoption 

21 strategies as determined by the pro22 jected support of performance targets 

23 described in subsection (d)(2); 

24 ‘‘(VI) recommended strategies 

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1 grate disability-related access to 

2 transportation infrastructure; 

3 ‘‘(VII) investment priorities for 

4 using projected available and proposed 

5 revenues over the short- and long6 term stages of the planning horizon, 

7 in accordance with the financial plan 

8 required under paragraph (2); 

9 ‘‘(VIII) a description of inter10 state compacts entered into in order 

11 to promote coordinated transportation 

12 planning in multistate areas, if appli13 cable; 

14 ‘‘(IX) an optional illustrative list 

15 of projects containing investments 

16 that— 

17 ‘‘(aa) are not included in the 

18 statewide transportation plan; 

19 but 

20 ‘‘(bb) would be so included if 

21 resources in addition to the re22 sources identified in the financial 

23 plan under paragraph (2) were 

24 available; 


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1 ‘‘(X) a discussion (developed in 

2 consultation with Federal, State, and 

3 tribal wildlife, land management, and 

4 regulatory agencies) of types of poten5 tial environmental and stormwater 

6 mitigation activities and potential 

7 areas to carry out those activities, in8 cluding activities that may have the 

9 greatest potential to restore and 

10 maintain the environmental functions 

11 affected by the statewide transpor12 tation plan; and 

13 ‘‘(XI) recommended strategies 

14 and investments, including those de15 veloped by the State as part of inter16 state compacts, agreements, or orga17 nizations, that support intercity trans18 portation; and 

19 ‘‘(iii) be updated by the State not less 

20 frequently than once every 5 years. 

21 ‘‘(2) FINANCIAL PLAN.—A financial plan re22 ferred to in paragraph (1)(D)(ii)(VII) shall— 

23 ‘‘(A) be prepared by each State to support 

24 the statewide transportation plan; and 


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1 ‘‘(B) contain a description of each of the 

2 following: 

3 ‘‘(i) Projected resource requirements 

4 during the 20-year planning horizon for 

5 implementing projects, strategies, and 

6 services recommended in the statewide 

7 transportation plan, including existing and 

8 projected system operating and mainte9 nance needs, proposed enhancement and 

10 expansions to the system, projected avail11 able revenue from Federal, State, local, 

12 and private sources, and innovative financ13 ing techniques to finance projects and pro14 grams. 

15 ‘‘(ii) The projected difference between 

16 costs and revenues, and strategies for se17 curing additional new revenue (such as by 

18 capture of some of the economic value cre19 ated by any new investment). 

20 ‘‘(iii) Estimates of future funds, to be 

21 developed cooperatively by the State, any 

22 public transportation agency, and relevant 

23 metropolitan planning organizations, that 

24 are reasonably expected to be available to 

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1 ommended in the statewide transportation 

2 plan. 

3 ‘‘(iv) Each applicable project, only if 

4 full funding can reasonably be anticipated 

5 to be available for the project within the 

6 time period contemplated for completion of 

7 the project. 

8 ‘‘(v) For the outer years period of the 

9 statewide transportation plan, a descrip10 tion of the aggregate cost ranges or bands, 

11 subject to the condition that any future 

12 funding source shall be reasonably ex13 pected to be available to support the pro14 jected cost ranges or bands. 

15 ‘‘(3) COORDINATION WITH CLEAN AIR ACT

16 AGENCIES.—For any nonmetropolitan area that is a 

17 nonattainment area or maintenance area, the State 

18 shall coordinate the development of the statewide 

19 transportation plan with the process for development 

20 of the transportation control measures of the State 

21 implementation plan required by the Clean Air Act 

22 (42 U.S.C. 7401 et seq.). 

23 ‘‘(4) PUBLICATION.—A statewide transpor24 tation plan involving Federal and non-Federal par25 ticipation programs, projects, and strategies shall be 


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1 published or otherwise made readily available by the 

2 State for public review, including (to the maximum 

3 extent practicable) in electronically accessible for4 mats and means, such as the Internet, in such man5 ner as the Secretary shall require. 

6 ‘‘(5) SELECTION OF PROJECTS FROM ILLUS7 TRATIVE LIST.—Notwithstanding paragraph (2), a 

8 State shall not be required to select any project from 

9 the illustrative list of additional projects included in 

10 the statewide transportation plan under paragraph 

11 (1)(D)(ii)(IX). 

12 ‘‘(6) USE OF POLICY PLANS.—Notwithstanding 

13 any other provision of this section, a State that has 

14 in effect, as of the date of enactment of the MAP– 

15 21, a statewide transportation plan that follows a 

16 policy plan approach— 

17 ‘‘(A) may, for 4 years after the date of en18 actment of the MAP–21, continue to use a pol19 icy plan approach to the statewide transpor20 tation plan; and 

21 ‘‘(B) shall be subject to the requirements 

22 of this subsection only to the extent that such 

23 requirements were applicable under this section 

24 (as in effect on the day before the date of en25 actment of the MAP–21). 


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1 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

2 PROGRAMS.— 

3 ‘‘(1) DEVELOPMENT.— 

4 ‘‘(A) IN GENERAL.—In consultation with 

5 nonmetropolitan officials with responsibility for 

6 transportation and affected public transpor7 tation operators, the State shall develop a state8 wide transportation improvement program for 

9 the State that— 

10 ‘‘(i) includes projects consistent with 

11 the statewide transportation plan; 

12 ‘‘(ii) reflects the investment priorities 

13 established in the statewide transportation 

14 plan; and 

15 ‘‘(iii) once implemented, makes sig16 nificant progress toward achieving the per17 formance targets described in subsection 

18 (d)(2). 

19 ‘‘(B) OPPORTUNITY FOR PARTICIPA20 TION.—In developing a statewide transportation 

21 improvement program, the State, in cooperation 

22 with affected public transportation operators, 

23 shall provide an opportunity for participation by 

24 interested parties (including State representa25 tives of nonmotorized users) in the development 


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1 of the statewide transportation improvement 

2 program, in accordance with subsection (e). 

3 ‘‘(C) OTHER REQUIREMENTS.— 

4 ‘‘(i) IN GENERAL.—A statewide trans5 portation improvement program shall— 

6 ‘‘(I) cover a period of not less 

7 than 4 years; and 

8 ‘‘(II) be updated not less fre9 quently than once every 4 years, or 

10 more frequently, as the Governor de11 termines to be appropriate. 

12 ‘‘(ii) INCORPORATION OF TIPS.—A 

13 statewide transportation improvement pro14 gram shall incorporate any relevant trans15 portation improvement program developed 

16 by a metropolitan planning organization 

17 under section 134, without change. 

18 ‘‘(iii) PROJECTS.—Each project in19 cluded in a statewide transportation im20 provement program shall be— 

21 ‘‘(I) consistent with the statewide 

22 transportation plan developed under 

23 this section for the State; 

24 ‘‘(II) identical to a project or 

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1 evant transportation improvement 

2 program; and 

3 ‘‘(III) for any project located in a 

4 nonattainment area or maintenance 

5 area, carried out in accordance with 

6 the applicable State air quality imple7 mentation plan developed under the 

8 Clean Air Act (42 U.S.C. 7401 et 

9 seq.). 

10 ‘‘(2) CONTENTS.— 

11 ‘‘(A) PRIORITY LIST.—A statewide trans12 portation improvement program shall include a 

13 priority list of proposed federally supported 

14 projects and strategies, to be carried out during 

15 the 4-year period beginning on the date of 

16 adoption of the statewide transportation im17 provement program, and during each 4-year pe18 riod thereafter, using existing and reasonably 

19 available revenues in accordance with the finan20 cial plan under paragraph (3). 

21 ‘‘(B) DESCRIPTIONS.—Each project or 

22 phase of a project included in a statewide trans23 portation improvement program shall include 

24 sufficient descriptive material (such as type of 


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1 work, termini, length, estimated completion 

2 date, and other similar factors) to identify— 

3 ‘‘(i) the project or project phase; and 

4 ‘‘(ii) the effect that the project or 

5 project phase will have in addressing the 

6 performance targets described in sub7 section (d)(2). 

8 ‘‘(C) PERFORMANCE TARGET ACHIEVE9 MENT.—A statewide transportation improve10 ment program shall include, to the maximum 

11 extent practicable, a discussion of the antici12 pated effect of the statewide transportation im13 provement program toward achieving the per14 formance targets established in the statewide 

15 transportation plan, linking investment prior16 ities to those performance targets. 

17 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

18 An optional illustrative list of projects may be 

19 prepared containing additional investment pri20 orities that— 

21 ‘‘(i) are not included in the statewide 

22 transportation improvement program; but 

23 ‘‘(ii) would be so included if resources 

24 in addition to the resources identified in 


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1 the financial plan under paragraph (3) 

2 were available. 

3 ‘‘(3) FINANCIAL PLAN.—A financial plan re4 ferred to in paragraph (2)(D)(ii) shall— 

5 ‘‘(A) be prepared by each State to support 

6 the statewide transportation improvement pro7 gram; and 

8 ‘‘(B) contain a description of each of the 

9 following: 

10 ‘‘(i) Projected resource requirements 

11 for implementing projects, strategies, and 

12 services recommended in the statewide 

13 transportation improvement program, in14 cluding existing and projected system oper15 ating and maintenance needs, proposed en16 hancement and expansions to the system, 

17 projected available revenue from Federal, 

18 State, local, and private sources, and inno19 vative financing techniques to finance 

20 projects and programs. 

21 ‘‘(ii) The projected difference between 

22 costs and revenues, and strategies for se23 curing additional new revenue (such as by 

24 capture of some of the economic value cre25 ated by any new investment). 


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1 ‘‘(iii) Estimates of future funds, to be 

2 developed cooperatively by the State and 

3 relevant metropolitan planning organiza4 tions and public transportation agencies, 

5 that are reasonably expected to be avail6 able to support the investment priorities 

7 recommended in the statewide transpor8 tation improvement program. 

9 ‘‘(iv) Each applicable project, only if 

10 full funding can reasonably be anticipated 

11 to be available for the project within the 

12 time period contemplated for completion of 

13 the project. 

14 ‘‘(4) INCLUDED PROJECTS.— 

15 ‘‘(A) PROJECTS UNDER THIS TITLE AND

16 CHAPTER 53 OF TITLE 49.—A statewide trans17 portation improvement program developed 

18 under this subsection for a State shall include 

19 the projects within the State that are proposed 

20 for funding under chapter 1 of this title and 

21 chapter 53 of title 49. 

22 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

23 ‘‘(i) REGIONALLY SIGNIFICANT.— 

24 Each regionally significant project pro25 posed for funding under chapter 2 shall be 


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1 identified individually in the statewide 

2 transportation improvement program. 

3 ‘‘(ii) NONREGIONALLY SIGNIFI4 CANT.—A description of each project pro5 posed for funding under chapter 2 that is 

6 not determined to be regionally significant 

7 shall be contained in 1 line item or identi8 fied individually in the statewide transpor9 tation improvement program. 

10 ‘‘(5) PUBLICATION.— 

11 ‘‘(A) IN GENERAL.—A statewide transpor12 tation improvement program shall be published 

13 or otherwise made readily available by the State 

14 for public review in electronically accessible for15 mats and means, such as the Internet. 

16 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an17 nual list of projects, including investments in 

18 pedestrian walkways, bicycle transportation fa19 cilities, and intermodal facilities that support 

20 intercity transportation, for which Federal 

21 funds have been obligated during the preceding 

22 fiscal year shall be published or otherwise made 

23 available by the cooperative effort of the State, 

24 public transportation operator, and relevant 

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1 tronically accessible formats and means, such 

2 as the Internet, in a manner that is consistent 

3 with the categories identified in the relevant 

4 statewide transportation improvement program. 

5 ‘‘(6) PROJECT SELECTION FOR URBANIZED

6 AREAS WITH POPULATIONS OF FEWER THAN 200,000

7 NOT REPRESENTED BY DESIGNATED MPOS.— 

8 Projects carried out in urbanized areas with popu9 lations of fewer than 200,000 individuals, as cal10 culated according to the most recent decennial cen11 sus, and that are not represented by designated met12 ropolitan planning organizations, shall be selected, 

13 from the approved statewide transportation improve14 ment program (including projects carried out on the 

15 National Highway System and other projects carried 

16 out under this title or under sections 5310 and 5311 

17 of title 49) by the State, in cooperation with the af18 fected nonmetropolitan planning organization, if any 

19 exists, and in consultation with the affected non20 metropolitan area local officials with responsibility 

21 for transportation. 

22 ‘‘(7) APPROVAL BY SECRETARY.— 

23 ‘‘(A) IN GENERAL.—Not less frequently 

24 than once every 4 years, a statewide transpor25 tation improvement program developed under 


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1 this subsection shall be reviewed and approved 

2 by the Secretary, based on the current planning 

3 finding of the Secretary under subparagraph 

4 (B). 

5 ‘‘(B) PLANNING FINDING.—The Secretary 

6 shall make a planning finding referred to in 

7 subparagraph (A) not less frequently than once 

8 every 5 years regarding whether the transpor9 tation planning process through which statewide 

10 transportation plans and statewide transpor11 tation improvement programs are developed is 

12 consistent with this section and section 134. 

13 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 

14 Notwithstanding any other provision of law, ap15 proval by the Secretary shall not be required to 

16 carry out a project included in an approved state17 wide transportation improvement program in place 

18 of another project in the statewide transportation 

19 improvement program. 

20 ‘‘(h) CERTIFICATION.— 

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

22 ‘‘(A) ensure that the statewide transpor23 tation planning process of a State is being car24 ried out in accordance with this section and apVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 plicable Federal law (including rules and regu2 lations); and 

3 ‘‘(B) subject to paragraph (2), certify, not 

4 later than 180 days after the date of enactment 

5 of the MAP–21 and not less frequently than 

6 once every 5 years thereafter, that the require7 ments of subparagraph (A) are met with re8 spect to the statewide transportation planning 

9 process. 

10 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 

11 The Secretary may make a certification under para12 graph (1)(B) if— 

13 ‘‘(A) the statewide transportation planning 

14 process complies with the requirements of this 

15 section and other applicable Federal law; and 

16 ‘‘(B) a statewide transportation improve17 ment program for the State has been approved 

18 by the Governor of the State. 

19 ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 

20 ‘‘(A) WITHHOLDING OF PROJECT

21 FUNDS.—If a statewide transportation planning 

22 process of a State is not certified under para23 graph (1), the Secretary may withhold up to 20 

24 percent of the funds attributable to the State 


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1 for projects funded under this title and chapter 

2 53 of title 49. 

3 ‘‘(B) RESTORATION OF WITHHELD

4 FUNDS.—Any funds withheld under subpara5 graph (A) shall be restored to the State on the 

6 date of certification of the statewide transpor7 tation planning process by the Secretary. 

8 ‘‘(4) PUBLIC INVOLVEMENT.—In making a de9 termination regarding certification under this sub10 section, the Secretary shall provide for public in11 volvement appropriate to the State under review. 

12 ‘‘(i) PERFORMANCE-BASED PLANNING PROCESSES

13 EVALUATION.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall estab15 lish criteria to evaluate the effectiveness of the per16 formance-based planning processes of States, taking 

17 into consideration the following: 

18 ‘‘(A) The extent to which the State has 

19 achieved, or is currently making substantial 

20 progress toward achieving, the performance tar21 gets described in subsection (d)(2), taking into 

22 account whether the State developed meaningful 

23 performance targets. 

24 ‘‘(B) The extent to which the State has 

25 used proven best practices that help ensure 


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1 transportation investment that is efficient and 

2 cost-effective. 

3 ‘‘(C) The extent to which the State— 

4 ‘‘(i) has developed an investment proc5 ess that relies on public input and aware6 ness to ensure that investments are trans7 parent and accountable; and 

8 ‘‘(ii) provides regular reports allowing 

9 the public to access the information being 

10 collected in a format that allows the public 

11 to meaningfully assess the performance of 

12 the State. 

13 ‘‘(2) REPORT.— 

14 ‘‘(A) IN GENERAL.—Not later than 5 years 

15 after the date of enactment of the MAP–21, the 

16 Secretary shall submit to Congress a report 

17 evaluating— 

18 ‘‘(i) the overall effectiveness of per19 formance-based planning as a tool for 

20 guiding transportation investments; and 

21 ‘‘(ii) the effectiveness of the perform22 ance-based planning process of each State. 

23 ‘‘(B) PUBLICATION.—The report under 

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1 wise made available in electronically accessible 

2 formats and means, including on the Internet. 

3 ‘‘(j) FUNDING.—Funds apportioned under section 

4 104(b)(6) of this title and set aside under section 5305(g) 

5 of title 49 shall be available to carry out this section. 

6 ‘‘(k) CONTINUATION OF CURRENT REVIEW PRAC7 TICE.— 

8 ‘‘(1) IN GENERAL.—In consideration of the fac9 tors described in paragraph (2), any decision by the 

10 Secretary concerning a statewide transportation plan 

11 or statewide transportation improvement program 

12 shall not be considered to be a Federal action sub13 ject to review under the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

15 ‘‘(2) DESCRIPTION OF FACTORS.—The factors 

16 referred to in paragraph (1) are that— 

17 ‘‘(A) statewide transportation plans and 

18 statewide transportation improvement programs 

19 are subject to a reasonable opportunity for pub20 lic comment; 

21 ‘‘(B) the projects included in statewide 

22 transportation plans and statewide transpor23 tation improvement programs are subject to re24 view under the National Environmental Policy 

25 Act of 1969 (42 U.S.C. 4321 et seq.); and 


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1 ‘‘(C) decisions by the Secretary concerning 

2 statewide transportation plans and statewide 

3 transportation improvement programs have not 

4 been reviewed under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et 

6 seq.) as of January 1, 1997. 

7 ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Sec8 retary shall issue guidance on a schedule for implementa9 tion of the changes made by this section, taking into con10 sideration the established planning update cycle for 

11 States. The Secretary shall not require a State to deviate 

12 from its established planning update cycle to implement 

13 changes made by this section. States shall reflect changes 

14 made to their transportation plan or transportation im15 provement program updates not later than 2 years after 

16 the date of issuance of guidance by the Secretary under 

17 this subsection.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis for 

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

20 striking the item relating to section 135 and inserting the 

21 following: 

‘‘135. Statewide and nonmetropolitan transportation planning.’’. 

22 SEC. 1203. NATIONAL GOALS. 

23 (a) IN GENERAL.—Section 150 of title 23, United 

24 States Code, is amended to read as follows: 


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1 ‘‘§ 150. National goals 

2 ‘‘(a) DECLARATION OF POLICY.—Performance man3 agement will transform the Federal-aid highway program 

4 and provide a means to the most efficient investment of 

5 Federal transportation funds by refocusing on national 

6 transportation goals, increasing the accountability and 

7 transparency of the Federal-aid highway program, and im8 proving project decisionmaking through performance9 based planning and programming. 

10 ‘‘(b) NATIONAL GOALS.—It is in the interest of the 

11 United States to focus the Federal-aid highway program 

12 on the following national goals: 

13 ‘‘(1) SAFETY.—To achieve a significant reduc14 tion in traffic fatalities and serious injuries on all 

15 public roads. 

16 ‘‘(2) INFRASTRUCTURE CONDITION.—To main17 tain the highway infrastructure asset system in a 

18 state of good repair. 

19 ‘‘(3) SYSTEM RELIABILITY.—To improve the ef20 ficiency of the surface transportation system. 

21 ‘‘(4) FREIGHT MOVEMENT AND ECONOMIC VI22 TALITY.—To improve the national freight network, 

23 strengthen the ability of rural communities to access 

24 national and international trade markets, and sup25 port regional economic development. 


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1 ‘‘(5) ENVIRONMENTAL SUSTAINABILITY.—To 

2 enhance the performance of the transportation sys3 tem while protecting and enhancing the natural envi4 ronment. 

5 ‘‘(6) REDUCED PROJECT DELIVERY DELAYS.— 

6 To reduce project costs, promote jobs and the econ7 omy, and expedite the movement of people and 

8 goods by accelerating project completion through 

9 eliminating delays in the project development and 

10 delivery process, including reducing regulatory bur11 dens and improving agencies’ work practices.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis for 

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

14 striking the item relating to section 150 and inserting the 

15 following: 

‘‘150. National goals.’’. 

16 Subtitle C—Acceleration of Project 

17 Delivery 

18 SEC. 1301. PROJECT DELIVERY INITIATIVE. 

19 (a) DECLARATION OF POLICY.—It is the policy of the 

20 United States that— 

21 (1) it is in the national interest for the Depart22 ment, State departments of transportation, transit 

23 agencies, and all other recipients of Federal trans24 portation funds— 


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1 (A) to accelerate project delivery and re2 duce costs; and 

3 (B) to ensure that the planning, design, 

4 engineering, construction, and financing of 

5 transportation projects is done in an efficient 

6 and effective manner, promoting accountability 

7 for public investments and encouraging greater 

8 private sector involvement in project financing 

9 and delivery while enhancing safety and pro10 tecting the environment; 

11 (2) delay in the delivery of transportation 

12 projects increases project costs, harms the economy 

13 of the United States, and impedes the travel of the 

14 people of the United States and the shipment of 

15 goods for the conduct of commerce; and 

16 (3) the Secretary shall identify and promote the 

17 deployment of innovation aimed at reducing the time 

18 and money required to deliver transportation 

19 projects while enhancing safety and protecting the 

20 environment. 

21 (b) ESTABLISHMENT OF INITIATIVE.— 

22 (1) IN GENERAL.—To advance the policy de23 scribed in subsection (a), the Secretary shall carry 

24 out a project delivery initiative under this section. 


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1 (2) PURPOSES.—The purposes of the project 

2 delivery initiative shall be— 

3 (A) to develop and advance the use of best 

4 practices to accelerate project delivery and re5 duce costs across all modes of transportation 

6 and expedite the deployment of technology and 

7 innovation; 

8 (B) to implement provisions of law de9 signed to accelerate project delivery; and 

10 (C) to select eligible projects for applying 

11 experimental features to test innovative project 

12 delivery techniques. 

13 (3) ADVANCING THE USE OF BEST PRAC14 TICES.— 

15 (A) IN GENERAL.—In carrying out the ini16 tiative under this section, the Secretary shall 

17 identify and advance best practices to reduce 

18 delivery time and project costs, from planning 

19 through construction, for transportation 

20 projects and programs of projects regardless of 

21 mode and project size. 

22 (B) ADMINISTRATION.—To advance the 

23 use of best practices, the Secretary shall— 

24 (i) engage interested parties, affected 

25 communities, resource agencies, and other 


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1 stakeholders to gather information regard2 ing opportunities for accelerating project 

3 delivery and reducing costs; 

4 (ii) establish a clearinghouse for the 

5 collection, documentation, and advance6 ment of existing and new innovative ap7 proaches and best practices; 

8 (iii) disseminate information through 

9 a variety of means to transportation stake10 holders on new innovative approaches and 

11 best practices; and 

12 (iv) provide technical assistance to as13 sist transportation stakeholders in the use 

14 of flexibility authority to resolve project 

15 delays and accelerate project delivery if 

16 feasible. 

17 (4) IMPLEMENTATION OF ACCELERATED

18 PROJECT DELIVERY.—The Secretary shall ensure 

19 that the provisions of this subtitle designed to accel20 erate project delivery are fully implemented, includ21 ing— 

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1 mental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.); 

3 (B) allowing the use of the construction 

4 manager or general contractor method of con5 tracting in the Federal-aid highway system; and 

6 (C) establishing a demonstration program 

7 to streamline the relocation process by permit8 ting a lump-sum payment for acquisition and 

9 relocation if elected by the displaced occupant. 

10 SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY ACQUISI11 TION ACTIVITIES PRIOR TO COMPLETION OF 

12 NEPA REVIEW. 

13 (a) IN GENERAL.—The acquisition of real property 

14 in anticipation of a federally assisted or approved surface 

15 transportation project that may use the property shall not 

16 be prohibited prior to the completion of reviews of the sur17 face transportation project under the National Environ18 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the 

19 acquisition does not— 

20 (1) have an adverse environmental effect; or 

21 (2)(A) limit the choice of reasonable alter22 natives for the proposed project; or 

23 (B) prevent the lead agency from making an 

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1 native that is being considered during the environ2 mental review process. 

3 (b) EARLY ACQUISITION OF REAL PROPERTY INTER4 ESTS FOR HIGHWAYS.—Section 108 of title 23, United 

5 States Code, is amended— 

6 (1) in the section heading by inserting ‘‘inter7 ests’’ after ‘‘real property’’; 

8 (2) in subsection (a) by inserting ‘‘interests’’ 

9 after ‘‘real property’’ each place it appears; and 

10 (3) in subsection (c)— 

11 (A) in the subsection heading by striking 

12 ‘‘RIGHTS-OF-WAY’’ and inserting ‘‘REAL PROP13 ERTY INTERESTS’’; 

14 (B) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A) by inserting ‘‘at any time’’ after 

17 ‘‘may be used’’; and 

18 (ii) in subparagraph (A)— 

19 (I) by striking ‘‘rights-of-way’’ 

20 the first place it appears and inserting 

21 ‘‘real property interests’’; and 

22 (II) by striking ‘‘, if the rights23 of-way are subsequently incorporated 

24 into a project eligible for surface 

25 transportation program funds’’; and 


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1 (C) by striking paragraph (2) and insert2 ing the following: 

3 ‘‘(2) TERMS AND CONDITIONS.— 

4 ‘‘(A) ACQUISITION OF REAL PROPERTY IN5 TERESTS.— 

6 ‘‘(i) IN GENERAL.—Subject to the 

7 other provisions of this section, prior to 

8 completion of the review process for the 

9 project required by the National Environ10 mental Policy Act of 1969 (42 U.S.C. 

11 4321 et seq.), a public authority may carry 

12 out acquisition of real property interests 

13 that may be used for a project. 

14 ‘‘(ii) REQUIREMENTS.—An acquisition 

15 under clause (i) may be authorized by 

16 project agreement and is eligible for Fed17 eral-aid reimbursement as a project ex18 pense if the Secretary finds that the acqui19 sition— 

20 ‘‘(I) will not cause any significant 

21 adverse environmental impact; 

22 ‘‘(II) will not limit the choice of 

23 reasonable alternatives for the project 

24 or otherwise influence the decision of 


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1 the Secretary on any approval re2 quired for the project; 

3 ‘‘(III) does not prevent the lead 

4 agency from making an impartial de5 cision as to whether to accept an al6 ternative that is being considered in 

7 the environmental review process; 

8 ‘‘(IV) is consistent with the State 

9 transportation planning process under 

10 section 135; 

11 ‘‘(V) complies with other applica12 ble Federal laws (including regula13 tions); 

14 ‘‘(VI) will be acquired through 

15 negotiation, without the threat of con16 demnation; and 

17 ‘‘(VII) will not result in a reduc18 tion or elimination of benefits or as19 sistance to a displaced person re20 quired by the Uniform Relocation As21 sistance and Real Property Acquisi22 tion Policies Act of 1970 (42 U.S.C. 

23 4601 et seq.) and title VI of the Civil 

24 Rights Act of 1964 (42 U.S.C. 2000d 

25 et seq.). 


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1 ‘‘(B) DEVELOPMENT.—Real property in2 terests acquired under this subsection may not 

3 be developed in anticipation of a project until 

4 all required environmental reviews for the 

5 project have been completed. 

6 ‘‘(C) REIMBURSEMENT.—If Federal-aid re7 imbursement is made for real property interests 

8 acquired early under this section and the real 

9 property interests are not subsequently incor10 porated into a project eligible for surface trans11 portation funds within the time allowed by sub12 section (a)(2), the Secretary shall offset the 

13 amount reimbursed against funds apportioned 

14 to the State. 

15 ‘‘(D) OTHER CONDITIONS.—The Secretary 

16 may establish such other conditions or restric17 tions on acquisitions as the Secretary deter18 mines to be appropriate.’’. 

19 SEC. 1303. EFFICIENCIES IN CONTRACTING. 

20 (a) AUTHORITY.—Section 112(b) of title 23, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘(4) CONSTRUCTION MANAGER; GENERAL CON24 TRACTOR.— 

25 ‘‘(A) PROCEDURE.— 


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1 ‘‘(i) IN GENERAL.—A contracting 

2 agency may award a 2-phase contract to a 

3 construction manager or general contractor 

4 for preconstruction and construction serv5 ices. 

6 ‘‘(ii) PRECONSTRUCTION PHASE.—In 

7 the preconstruction phase of a contract 

8 under this subparagraph, the construction 

9 manager shall provide the contracting 

10 agency with advice relating to scheduling, 

11 work sequencing, cost engineering, 

12 constructability, cost estimating, and risk 

13 identification. 

14 ‘‘(iii) AGREEMENT TO PRICE.— 

15 ‘‘(I) IN GENERAL.—Prior to the 

16 start of the second phase of a contract 

17 under this subparagraph, the owner 

18 and the construction manager may 

19 agree to a price for the construction 

20 of the project or a portion of the 

21 project. 

22 ‘‘(II) RESULT.—If an agreement 

23 is reached, the construction manager 

24 shall become the general contractor 


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1 for the construction of the project at 

2 the negotiated schedule and price. 

3 ‘‘(B) SELECTION.—A contract shall be 

4 awarded to a construction manager or general 

5 contractor under this paragraph using a com6 petitive selection process under which the con7 tract is awarded on the basis of— 

8 ‘‘(i) qualifications; 

9 ‘‘(ii) experience; 

10 ‘‘(iii) best value; or 

11 ‘‘(iv) any other combination of factors 

12 considered appropriate by the contracting 

13 agency. 

14 ‘‘(C) TIMING.— 

15 ‘‘(i) IN GENERAL.—Prior to the com16 pletion of the environmental review process 

17 required under section 102 of the National 

18 Environmental Policy Act of 1969 (42 

19 U.S.C. 4332), a contracting agency may 

20 issue requests for proposals, proceed with 

21 the award of the first phase of construc22 tion manager or general contractor con23 tract, and issue notices to proceed with 

24 preliminary design, to the extent that those 


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1 actions do not limit any reasonable range 

2 of alternatives. 

3 ‘‘(ii) NEPA PROCESS.— 

4 ‘‘(I) IN GENERAL.—A con5 tracting agency shall not proceed with 

6 the award of the second phase, and 

7 shall not proceed, or permit any con8 sultant or contractor to proceed, with 

9 final design or construction until com10 pletion of the environmental review 

11 process required under section 102 of 

12 the National Environmental Policy 

13 Act of 1969 (42 U.S.C. 4332). 

14 ‘‘(II) REQUIREMENT.—The Sec15 retary shall require that a contract in16 clude appropriate provisions to ensure 

17 achievement of the objectives of sec18 tion 102 of the National Environ19 mental Policy Act of 1969 (42 U.S.C. 

20 4332) and compliance with other ap21 plicable Federal laws and regulations 

22 occurs. 

23 ‘‘(iii) SECRETARIAL APPROVAL.— 

24 Prior to authorizing construction activities, 

25 the Secretary shall approve— 


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1 ‘‘(I) the estimate of the con2 tracting agency for the entire project; 

3 and 

4 ‘‘(II) any price agreement with 

5 the general contractor for the project 

6 or a portion of the project. 

7 ‘‘(iv) TERMINATION PROVISION.—The 

8 Secretary shall require a contract to in9 clude an appropriate termination provision 

10 in the event that a no-build alternative is 

11 selected.’’. 

12 (b) REGULATIONS.—The Secretary shall promulgate 

13 such regulations as are necessary to carry out the amend14 ment made by subsection (a). 

15 (c) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing 

16 in this section or the amendment made by this section af17 fects the authority to carry out, or any project carried out 

18 under, any experimental program concerning construction 

19 manager risk that is being carried out by the Secretary 

20 as of the date of enactment of this Act. 

21 SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS. 

22 (a) DECLARATION OF POLICY.— 

23 (1) IN GENERAL.—Congress declares that it is 

24 in the national interest to promote the use of inno25 vative technologies and practices that increase the 


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1 efficiency of construction of, improve the safety of, 

2 and extend the service life of highways and bridges. 

3 (2) INCLUSIONS.—The innovative technologies 

4 and practices described in paragraph (1) include 

5 state-of-the-art intelligent transportation system 

6 technologies, elevated performance standards, and 

7 new highway construction business practices that 

8 improve highway safety and quality, accelerate 

9 project delivery, and reduce congestion related to 

10 highway construction. 

11 (b) FEDERAL SHARE.—Section 120(c) of title 23, 

12 United States Code, is amended by adding at the end the 

13 following: 

14 ‘‘(3) INNOVATIVE PROJECT DELIVERY.— 

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

16 subparagraph (C), the Federal share payable on 

17 account of a project or activity carried out with 

18 funds apportioned under paragraph (1), (2), or 

19 (5) of section 104(b) may, at the discretion of 

20 the State, be up to 100 percent for any such 

21 project, program, or activity that the Secretary 

22 determines— 

23 ‘‘(i) contains innovative project deliv24 ery methods that improve work zone safety 


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1 for motorists or workers and the quality of 

2 the facility; 

3 ‘‘(ii) contains innovative technologies, 

4 manufacturing processes, financing, or 

5 contracting methods that improve the qual6 ity, extend the service life, or decrease the 

7 long-term costs of maintaining highways 

8 and bridges; 

9 ‘‘(iii) accelerates project delivery while 

10 complying with other applicable Federal 

11 laws (including regulations) and not caus12 ing any significant adverse environmental 

13 impact; or 

14 ‘‘(iv) reduces congestion related to 

15 highway construction. 

16 ‘‘(B) EXAMPLES.—Projects, programs, and 

17 activities described in subparagraph (A) may 

18 include the use of— 

19 ‘‘(i) prefabricated bridge elements and 

20 systems and other technologies to reduce 

21 bridge construction time; 

22 ‘‘(ii) innovative construction equip23 ment, materials, or techniques, including 

24 the use of in-place recycling technology 


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1 and digital 3-dimensional modeling tech2 nologies; 

3 ‘‘(iii) innovative contracting methods, 

4 including the design-build and the con5 struction manager-general contractor con6 tracting methods; 

7 ‘‘(iv) intelligent compaction equip8 ment; or 

9 ‘‘(v) contractual provisions that offer 

10 a contractor an incentive payment for early 

11 completion of the project, program, or ac12 tivity, subject to the condition that the in13 centives are accounted for in the financial 

14 plan of the project, when applicable. 

15 ‘‘(C) LIMITATIONS.— 

16 ‘‘(i) IN GENERAL.—In each fiscal 

17 year, a State may use the authority under 

18 subparagraph (A) for up to 10 percent of 

19 the combined apportionments of the State 

20 under paragraphs (1), (2), and (5) of sec21 tion 104(b). 

22 ‘‘(ii) FEDERAL SHARE INCREASE.— 

23 The Federal share payable on account of a 

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1 graph (A) may be increased by up to 5 

2 percent of the total project cost.’’. 

3 SEC. 1305. ASSISTANCE TO AFFECTED STATE AND FEDERAL 

4 AGENCIES. 

5 Section 139(j) of title 23, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(6) MEMORANDUM OF UNDERSTANDING.— 

8 Prior to providing funds approved by the Secretary 

9 for dedicated staffing at an affected Federal agency 

10 under paragraphs (1) and (2), the affected Federal 

11 agency and the State agency shall enter into a 

12 memorandum of understanding that establishes the 

13 projects and priorities to be addressed by the use of 

14 the funds.’’. 

15 SEC. 1306. APPLICATION OF CATEGORICAL EXCLUSIONS 

16 FOR MULTIMODAL PROJECTS. 

17 (a) IN GENERAL.—Section 304 of title 49, United 

18 States Code, is amended to read as follows: 

19 ‘‘§ 304. Application of categorical exclusions for 

20 multimodal projects 

21 ‘‘(a) DEFINITIONS.—In this section: 

22 ‘‘(1) COOPERATING AUTHORITY.—The term ‘co23 operating authority’ means a Department of Trans24 portation operating authority that is not the lead au25 thority. 


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1 ‘‘(2) LEAD AUTHORITY.—The term ‘lead au2 thority’ means a Department of Transportation op3 erating administration or secretarial office that— 

4 ‘‘(A) is the lead authority over a proposed 

5 multimodal project; and 

6 ‘‘(B) has determined that the components 

7 of the project that fall under the modal exper8 tise of the lead authority— 

9 ‘‘(i) satisfy the conditions for a cat10 egorical exclusion under the National Envi11 ronmental Policy Act of 1969 (42 U.S.C. 

12 4321 et seq.) implementing regulations or 

13 procedures of the lead authority; and 

14 ‘‘(ii) do not require the preparation of 

15 an environmental assessment or an envi16 ronmental impact statement under that 

17 Act. 

18 ‘‘(3) MULTIMODAL PROJECT.—The term 

19 ‘multimodal project’ has the meaning given the term 

20 in section 139(a) of title 23. 

21 ‘‘(b) EXERCISE OF AUTHORITIES.—The authorities 

22 granted in this section may be exercised for a multimodal 

23 project, class of projects, or program of projects that are 

24 carried out under this title. 


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1 ‘‘(c) APPLICATION OF CATEGORICAL EXCLUSIONS

2 FOR MULTIMODAL PROJECTS.—When considering the en3 vironmental impacts of a proposed multimodal project, a 

4 lead authority may apply a categorical exclusion des5 ignated under the implementing regulations or procedures 

6 of a cooperating authority for other components of the 

7 project, on the conditions that— 

8 ‘‘(1) the multimodal project is funded under 1 

9 grant agreement administered by the lead authority; 

10 ‘‘(2) the multimodal project has components 

11 that require the expertise of a cooperating authority 

12 to assess the environmental impacts of the compo13 nents; 

14 ‘‘(3) the component of the project to be covered 

15 by the categorical exclusion of the cooperating au16 thority has independent utility; 

17 ‘‘(4) the cooperating authority, in consultation 

18 with the lead authority, follows National Environ19 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

20 implementing regulations or procedures and deter21 mines that a categorical exclusion under that Act 

22 applies to the components; and 

23 ‘‘(5) the lead authority has determined that— 

24 ‘‘(A) the project, using the categorical ex25 clusions of the lead and cooperating authorities, 


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1 does not individually or cumulatively have a sig2 nificant impact on the environment; and 

3 ‘‘(B) extraordinary circumstances do not 

4 exist that merit further analysis and docu5 mentation in an environmental impact state6 ment or environmental assessment required 

7 under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.). 

9 ‘‘(d) MODAL COOPERATION.— 

10 ‘‘(1) IN GENERAL.—A cooperating authority 

11 shall provide modal expertise to a lead authority 

12 with administrative authority over a multimodal 

13 project on such aspects of the project in which the 

14 cooperating authority has expertise. 

15 ‘‘(2) USE OF CATEGORICAL EXCLUSION.—In a 

16 case described in paragraph (1), the 1 or more cat17 egorical exclusions of a cooperating authority may be 

18 applied by the lead authority once the cooperating 

19 authority reviews the project on behalf of the lead 

20 authority and determines the project satisfies the 

21 conditions for a categorical exclusion under the Na22 tional Environmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.) implementing regulations or proce24 dures of the cooperating authority and this sec25 tion.’’. 


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1 (b) CONFORMING AMENDMENT.—The item relating 

2 to section 304 in the analysis for title 49, United States 

3 Code, is amended to read as follows: 

‘‘304. Application of categorical exclusions for multimodal projects.’’. 

4 SEC. 1307. STATE ASSUMPTION OF RESPONSIBILITIES FOR 

5 CATEGORICAL EXCLUSIONS. 

6 Section 326 of title 23, United States Code, is 

7 amended— 

8 (1) by striking subsection (d) and inserting the 

9 following: 

10 ‘‘(d) TERMINATION.— 

11 ‘‘(1) TERMINATION BY THE SECRETARY.—The 

12 Secretary may terminate any assumption of respon13 sibility under a memorandum of understanding on a 

14 determination that the State is not adequately car15 rying out the responsibilities assigned to the State. 

16 ‘‘(2) TERMINATION BY THE STATE.—The State 

17 may terminate the participation of the State in the 

18 program at any time by providing to the Secretary 

19 a notice by not later than the date that is 90 days 

20 before the date of termination, and subject to such 

21 terms and conditions as the Secretary may pro22 vide.’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(f) LEGAL FEES.—A State assuming the respon25 sibilities of the Secretary under this section for a specific 


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1 project may use funds apportioned to the State under sec2 tion 104(b)(2) for attorneys fees directly attributable to 

3 eligible activities associated with the project.’’. 

4 SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIV5 ERY PROGRAM. 

6 (a) IN GENERAL.—Section 327 of title 23, United 

7 States Code, is amended— 

8 (1) in the section heading by striking ‘‘PILOT’’; 

9 (2) in subsection (a)— 

10 (A) in paragraph (1) by striking ‘‘pilot’’; 

11 and 

12 (B) in paragraph (2)— 

13 ‘‘(i) in subparagraph (B)— 

14 ‘‘(I) in clause (i), by striking 

15 ‘but’; and 

16 ‘‘(II) by striking clause (ii) and 

17 inserting the following: 

18 ‘‘(ii) at the request of the State, the 

19 Secretary may also assign to the State, 

20 and the State may assume, the responsibil21 ities of the Secretary with respect to 1 or 

22 more railroad, public transportation, or 

23 multimodal projects within the State under 

24 the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.); 


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1 ‘‘(iii) in a State that has assumed the 

2 responsibilities of the Secretary under 

3 clause (ii), a recipient of assistance under 

4 chapter 53 of title 49 may request that the 

5 Secretary maintain the responsibilities of 

6 the Secretary with respect to 1 or more 

7 public transportation projects within the 

8 State under the National Environmental 

9 Policy Act of 1969 (42 U.S.C. 13 4321 et 

10 seq.); but 

11 ‘‘(iv) the Secretary may not assign— 

12 ‘‘(I) any responsibility imposed 

13 on the Secretary by section 134 or 

14 135; or 

15 ‘‘(II) responsibility for any con16 formity determination required under 

17 section 176 of the Clean Air Act (42 

18 U.S.C. 7506).’’; and 

19 (i) by adding at the end the following: 

20 ‘‘(F) LEGAL FEES.—A State assuming the 

21 responsibilities of the Secretary under this sec22 tion for a specific project may use funds appor23 tioned to the State under section 104(b)(2) for 

24 attorneys fees directly attributable to eligible 

25 activities associated with the project.’’; 


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1 (3) in subsection (b)— 

2 (A) by striking paragraph (1); 

3 (B) by redesignating paragraphs (2) 

4 through (5) as paragraphs (1) through (4), re5 spectively; and 

6 (C) in subparagraph (A) of paragraph (3) 

7 (as so redesignated) by striking ‘‘(2)’’ and in8 serting ‘‘(1)’’; 

9 (4) in subsection (c)— 

10 (A) in paragraph (3)(D) by striking the 

11 period at the end and inserting a semicolon; 

12 and 

13 (B) by adding at the end the following: 

14 ‘‘(4) require the State to provide to the Sec15 retary any information the Secretary considers nec16 essary to ensure that the State is adequately car17 rying out the responsibilities assigned to the State; 

18 ‘‘(5) require the Secretary— 

19 ‘‘(A) after a period of 5 years, to evaluate 

20 the ability of the State to carry out the respon21 sibility assumed under this section; 

22 ‘‘(B) if the Secretary determines that the 

23 State is not ready to effectively carry out the 

24 responsibilities the State has assumed, to re25 evaluate the readiness of the State every 3 


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1 years, or at such other frequency as the Sec2 retary considers appropriate, after the initial 5- 

3 year evaluation, until the State is ready to as4 sume the responsibilities on a permanent basis; 

5 and 

6 ‘‘(C) once the Secretary determines that 

7 the State is ready to permanently assume the 

8 responsibilities of the Secretary, not to require 

9 any further evaluations; and 

10 ‘‘(6) require the State to provide the Secretary 

11 with any information, including regular written re12 ports, as the Secretary may require in conducting 

13 evaluations under paragraph (5).’’; 

14 (5) by striking subsection (g); 

15 (6) by redesignating subsections (h) and (i) as 

16 subsections (g) and (h), respectively; and 

17 (7) in subsection (h) (as so redesignated)— 

18 (A) by striking paragraph (1); 

19 (B) by redesignating paragraph (2) as 

20 paragraph (1); and 

21 (C) by inserting after paragraph (1) (as so 

22 redesignated) the following: 

23 ‘‘(2) TERMINATION BY THE STATE.—The State 

24 may terminate the participation of the State in the 

25 program at any time by providing to the Secretary 


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1 a notice by not later than the date that is 90 days 

2 before the date of termination, and subject to such 

3 terms and conditions as the Secretary may pro4 vide.’’. 

5 (b) CONFORMING AMENDMENT.—The item relating 

6 to section 327 in the analysis of title 23, United States 

7 Code, is amended to read as follows: 

‘‘327. Surface transportation project delivery program.’’. 

8 SEC. 1309. CATEGORICAL EXCLUSION FOR PROJECTS WITH9 IN THE RIGHT-OF-WAY. 

10 (a) IN GENERAL.—Not later than 30 days after the 

11 date of enactment of this Act, the Secretary shall publish 

12 a notice of proposed rulemaking for a categorical exclusion 

13 that meets the definitions (as in effect on that date) of 

14 section 1508.4 of title 40, Code of Federal Regulations, 

15 and section 771.117 of title 23, Code of Federal Regula16 tions, for a project (as defined in section 101(a) of title 

17 23, United States Code)— 

18 (1) that is located solely within the right-of-way 

19 of an existing highway, such as new turn lanes and 

20 bus pull-offs; 

21 (2) that does not include the addition of a 

22 through lane or new interchange; and 

23 (3) for which the project sponsor demonstrates 

24 that the project— 


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1 (A) is intended to improve safety, alleviate 

2 congestion, or improve air quality; or 

3 (B) would improve or maintain pavement 

4 or structural conditions or achieve a state of 

5 good repair. 

6 (b) NOTICE.—Not later than 60 days after the date 

7 of enactment of this Act, the Secretary shall publish a no8 tice of proposed rulemaking to further define and imple9 ment subsection (a) within subsection (c) or (d) of section 

10 771.117 of title 23, Code of Federal Regulations (as in 

11 effect on the date of enactment of the MAP–21). 

12 SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDI13 TIONAL CATEGORICAL EXCLUSIONS. 

14 (a) IN GENERAL.—Not later than 60 days after the 

15 date of enactment of this Act, the Secretary shall— 

16 (1) survey the use by the Department of Trans17 portation of categorical exclusions in transportation 

18 projects since 2005; 

19 (2) publish a review of the survey that includes 

20 a description of— 

21 (A) the types of actions categorically ex22 cluded; and 

23 (B) any requests previously received by the 

24 Secretary for new categorical exclusions; and 


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1 (3) solicit requests from State departments of 

2 transportation, transit authorities, metropolitan 

3 planning organizations, or other government agen4 cies for new categorical exclusions. 

5 (b) NEW CATEGORICAL EXCLUSIONS.—Not later 

6 than 120 days after the date of enactment of this Act, 

7 the Secretary shall publish a notice of proposed rule8 making to propose new categorical exclusions received by 

9 the Secretary under subsection (a), to the extent that the 

10 categorical exclusions meet the criteria for a categorical 

11 exclusion under section 1508.4 of title 40, Code of Federal 

12 Regulations and section 771.117(a) of title 23, Code of 

13 Federal Regulations (as those regulations are in effect on 

14 the date of the notice). 

15 (c) ADDITIONAL ACTIONS.—The Secretary shall issue 

16 a proposed rulemaking to move the following types of ac17 tions from subsection (d) of section 771.117 of title 23, 

18 Code of Federal Regulations (as in effect on the date of 

19 enactment of this Act), to subsection (c) of that section, 

20 to the extent that such movement complies with the cri21 teria for a categorical exclusion under section 1508.4 of 

22 title 40, Code of Federal Regulations (as in effect on the 

23 date of enactment of this Act): 

24 (1) Modernization of a highway by resurfacing, 

25 restoration, rehabilitation, reconstruction, adding 


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1 shoulders, or adding auxiliary lanes (including park2 ing, weaving, turning, and climbing). 

3 (2) Highway safety or traffic operations im4 provement projects, including the installation of 

5 ramp metering control devices and lighting. 

6 (3) Bridge rehabilitation, reconstruction, or re7 placement or the construction of grade separation to 

8 replace existing at-grade railroad crossings. 

9 (d) PROGRAMMATIC AGREEMENTS.— 

10 (1) IN GENERAL.—The Secretary shall seek op11 portunities to enter into programmatic agreements 

12 with the States that establish efficient administra13 tive procedures for carrying out environmental and 

14 other required project reviews. 

15 (2) INCLUSIONS.—Programmatic agreements 

16 authorized under paragraph (1) may include agree17 ments that allow a State to determine on behalf of 

18 the Federal Highway Administration whether a 

19 project is categorically excluded from the prepara20 tion of an environmental assessment or environ21 mental impact statement under the National Envi22 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

23 seq.). 

24 (3) DETERMINATIONS.—An agreement de25 scribed in paragraph (2) may include determinations 


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1 by the Secretary of the types of projects categori2 cally excluded (consistent with section 1508.4 of title 

3 40, Code of Federal Regulations) in the State in ad4 dition to the types listed in subsections (c) and (d) 

5 of section 771.117 of title 23, Code of Federal Reg6 ulations (as in effect on the date of enactment of 

7 this Act). 

8 SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRON9 MENTAL REVIEWS. 

10 (a) IN GENERAL.—When preparing a final environ11 mental impact statement under the National Environ12 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if 

13 the lead agency makes changes in response to comments 

14 that are minor and are confined to factual corrections or 

15 explanations of why the comments do not warrant further 

16 agency response, the lead agency may write on errata 

17 sheets attached to the statement instead of rewriting the 

18 draft statement, on the condition that the errata sheets— 

19 (1) cite the sources, authorities, or reasons that 

20 support the position of the agency; and 

21 (2) if appropriate, indicate the circumstances 

22 that would trigger agency reappraisal or further re23 sponse. 

24 (b) INCORPORATION.—To the maximum extent prac25 ticable, the lead agency shall expeditiously develop a single 


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1 document that consists of a final environmental impact 

2 statement and a record of decision unless— 

3 (1) the final environmental impact statement 

4 makes substantial changes to the proposed action 

5 that are relevant to environmental or safety con6 cerns; or 

7 (2) there are significant new circumstances or 

8 information relevant to environmental concerns and 

9 that bear on the proposed action or the impacts of 

10 the proposed action. 

11 SEC. 1312. MEMORANDA OF AGENCY AGREEMENTS FOR 

12 EARLY COORDINATION. 

13 (a) IN GENERAL.—It is the sense of Congress that— 

14 (1) the Secretary and other Federal agencies 

15 with relevant jurisdiction in the environmental re16 view process should cooperate with each other and 

17 other agencies on environmental review and project 

18 delivery activities at the earliest practicable time to 

19 avoid delays and duplication of effort later in the 

20 process, head off potential conflicts, and ensure that 

21 planning and project development decisions reflect 

22 environmental values; and 

23 (2) such cooperation should include the develop24 ment of policies and the designation of staff that ad25 vise planning agencies or project sponsors of studies 


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1 or other information foreseeably required for later 

2 Federal action and early consultation with appro3 priate State and local agencies and Indian tribes. 

4 (b) TECHNICAL ASSISTANCE.—If requested at any 

5 time by a State or local planning agency, the Secretary 

6 and other Federal agencies with relevant jurisdiction in 

7 the environmental review process, shall, to the extent prac8 ticable and appropriate, as determined by the agencies, 

9 provide technical assistance to the State or local planning 

10 agency on accomplishing the early coordination activities 

11 described in subsection (d). 

12 (c) MEMORANDUM OF AGENCY AGREEMENT.—If re13 quested at any time by a State or local planning agency, 

14 the lead agency, in consultation with other Federal agen15 cies with relevant jurisdiction in the environmental review 

16 process, may establish memoranda of agreement with the 

17 project sponsor, State, and local governments and other 

18 appropriate entities to accomplish the early coordination 

19 activities described in subsection (d). 

20 (d) EARLY COORDINATION ACTIVITIES.—Early co21 ordination activities shall include, to the maximum extent 

22 practicable, the following: 

23 (1) Technical assistance on identifying potential 

24 impacts and mitigation issues in an integrated fash25 ion. 


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1 (2) The potential appropriateness of using plan2 ning products and decisions in later environmental 

3 reviews. 

4 (3) The identification and elimination from de5 tailed study in the environmental review process of 

6 the issues that are not significant or that have been 

7 covered by prior environmental reviews. 

8 (4) The identification of other environmental 

9 review and consultation requirements so that the 

10 lead and cooperating agencies may prepare, as ap11 propriate, other required analyses and studies con12 currently with planning activities. 

13 (5) The identification by agencies with jurisdic14 tion over any permits related to the project of any 

15 and all relevant information that will reasonably be 

16 required for the project. 

17 (6) The reduction of duplication between re18 quirements under the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) and State and 

20 local planning and environmental review require21 ments, unless the agencies are specifically barred 

22 from doing so by applicable law. 

23 (7) Timelines for the completion of agency ac24 tions during the planning and environmental review 

25 processes. 


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1 (8) Other appropriate factors. 

2 SEC. 1313. ACCELERATED DECISIONMAKING. 

3 Section 139(h) of title 23, United States Code, is 

4 amended by striking paragraph (4) and inserting the fol5 lowing: 

6 ‘‘(4) INTERIM DECISION ON ACHIEVING ACCEL7 ERATED DECISIONMAKING.— 

8 ‘‘(A) IN GENERAL.—Not later than 30 

9 days after the close of the public comment pe10 riod on a draft environmental impact statement, 

11 the Secretary may convene a meeting with the 

12 project sponsor, lead agency, resource agencies, 

13 and any relevant State agencies to ensure that 

14 all parties are on schedule to meet deadlines for 

15 decisions to be made regarding the project. 

16 ‘‘(B) DEADLINES.—The deadlines referred 

17 to in subparagraph (A) shall be those estab18 lished under subsection (g), or any other dead19 lines established by the lead agency, in con20 sultation with the project sponsor and other rel21 evant agencies. 

22 ‘‘(C) FAILURE TO ASSURE.—If the rel23 evant agencies cannot provide reasonable assur24 ances that the deadlines described in subpara25 graph (B) will be met, the Secretary may iniVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 tiate the issue resolution and referral process 

2 described under paragraph (5) and before the 

3 completion of the record of decision. 

4 ‘‘(5) ACCELERATED ISSUE RESOLUTION AND

5 REFERRAL.— 

6 ‘‘(A) AGENCY ISSUE RESOLUTION MEET7 ING.— 

8 ‘‘(i) IN GENERAL.—A Federal agency 

9 of jurisdiction, project sponsor, or the Gov10 ernor of a State in which a project is lo11 cated may request an issue resolution 

12 meeting to be conducted by the lead agen13 cy. 

14 ‘‘(ii) ACTION BY LEAD AGENCY.—The 

15 lead agency shall convene an issue resolu16 tion meeting under clause (i) with the rel17 evant participating agencies and the 

18 project sponsor, including the Governor 

19 only if the meeting was requested by the 

20 Governor, to resolve issues that could— 

21 ‘‘(I) delay completion of the envi22 ronmental review process; or 

23 ‘‘(II) result in denial of any ap24 provals required for the project under 

25 applicable laws. 


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1 ‘‘(iii) DATE.—A meeting requested 

2 under this subparagraph shall be held by 

3 not later than 21 days after the date of re4 ceipt of the request for the meeting, unless 

5 the lead agency determines that there is 

6 good cause to extend the time for the 

7 meeting. 

8 ‘‘(iv) NOTIFICATION.—On receipt of a 

9 request for a meeting under this subpara10 graph, the lead agency shall notify all rel11 evant participating agencies of the request, 

12 including the issue to be resolved, and the 

13 date for the meeting. 

14 ‘‘(v) DISPUTES.—If a relevant partici15 pating agency with jurisdiction over an ap16 proval required for a project under applica17 ble law determines that the relevant infor18 mation necessary to resolve the issue has 

19 not been obtained and could not have been 

20 obtained within a reasonable time, but the 

21 lead agency disagrees, the resolution of the 

22 dispute shall be forwarded to the heads of 

23 the relevant agencies for resolution. 

24 ‘‘(vi) CONVENTION BY LEAD AGEN25 CY.—A lead agency may convene an issue 


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1 resolution meeting under this subsection at 

2 any time without the request of the Fed3 eral agency of jurisdiction, project sponsor, 

4 or the Governor of a State. 

5 ‘‘(B) ELEVATION OF ISSUE RESOLU6 TION.— 

7 ‘‘(i) IN GENERAL.—If issue resolution 

8 is not achieved by not later than 30 days 

9 after the date of a relevant meeting under 

10 subparagraph (A), the Secretary shall no11 tify the lead agency, the heads of the rel12 evant participating agencies, and the 

13 project sponsor (including the Governor 

14 only if the initial issue resolution meeting 

15 request came from the Governor) that an 

16 issue resolution meeting will be convened. 

17 ‘‘(ii) REQUIREMENTS.—The Secretary 

18 shall identify the issues to be addressed at 

19 the meeting and convene the meeting not 

20 later than 30 days after the date of 

21 issuance of the notice. 

22 ‘‘(C) REFERRAL OF ISSUE RESOLUTION.— 

23 ‘‘(i) REFERRAL TO COUNCIL ON ENVI24 RONMENTAL QUALITY.— 


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1 ‘‘(I) IN GENERAL.—If resolution 

2 is not achieved by not later than 30 

3 days after the date of an issue resolu4 tion meeting under subparagraph (B), 

5 the Secretary shall refer the matter to 

6 the Council on Environmental Qual7 ity. 

8 ‘‘(II) MEETING.—Not later than 

9 30 days after the date of receipt of a 

10 referral from the Secretary under sub11 clause (I), the Council on Environ12 mental Quality shall hold an issue res13 olution meeting with the lead agency, 

14 the heads of relevant participating 

15 agencies, and the project sponsor (in16 cluding the Governor only if an initial 

17 request for an issue resolution meet18 ing came from the Governor). 

19 ‘‘(ii) REFERRAL TO THE PRESI20 DENT.—If a resolution is not achieved by 

21 not later than 30 days after the date of the 

22 meeting convened by the Council on Envi23 ronmental Quality under clause (i)(II), the 

24 Secretary shall refer the matter directly to 

25 the President. 


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1 ‘‘(6) FINANCIAL TRANSFER PROVISIONS.— 

2 ‘‘(A) IN GENERAL.—A Federal agency of 

3 jurisdiction over an approval required for a 

4 project under applicable laws shall complete any 

5 required approval on an expeditious basis using 

6 the shortest existing applicable process. 

7 ‘‘(B) FAILURE TO DECIDE.— 

8 ‘‘(i) IN GENERAL.—If an agency de9 scribed in subparagraph (A) fails to render 

10 a decision under any Federal law relating 

11 to a project that requires the preparation 

12 of an environmental impact statement or 

13 environmental assessment, including the 

14 issuance or denial of a permit, license, or 

15 other approval by the date described in 

16 clause (ii), the agency shall transfer from 

17 the applicable office of the head of the 

18 agency, or equivalent office to which the 

19 authority for rendering the decision has 

20 been delegated by law, to the agency or di21 vision charged with rendering a decision 

22 regarding the application, by not later than 

23 1 day after the applicable date under 

24 clause (ii), and once each week thereafter 


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1 until a final decision is rendered, subject to 

2 subparagraph (C)— 

3 ‘‘(I) $20,000 for any project for 

4 which an annual financial plan under 

5 section 106(i) is required; or 

6 ‘‘(II) $10,000 for any other 

7 project requiring preparation of an 

8 environmental assessment or environ9 mental impact statement. 

10 ‘‘(ii) DESCRIPTION OF DATE.—The 

11 date referred to in clause (i) is the later 

12 of— 

13 ‘‘(I) the date that is 180 days 

14 after the date on which an application 

15 for the permit, license, or approval is 

16 complete; and 

17 ‘‘(II) the date that is 180 days 

18 after the date on which the Federal 

19 lead agency issues a decision on the 

20 project under the National Environ21 mental Policy Act of 1969 (42 U.S.C. 

22 4321 et seq.). 

23 ‘‘(C) LIMITATIONS.— 

24 ‘‘(i) IN GENERAL.—No transfer of 

25 funds under subparagraph (B) relating to 


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1 an individual project shall exceed, in any 

2 fiscal year, an amount equal to 1 percent 

3 of the funds made available for the appli4 cable agency office. 

5 ‘‘(ii) FAILURE TO DECIDE.—The total 

6 amount transferred in a fiscal year as a re7 sult of a failure by an agency to make a 

8 decision by an applicable deadline shall not 

9 exceed an amount equal to 5 percent of the 

10 funds made available for the applicable 

11 agency office for that fiscal year. 

12 ‘‘(D) TREATMENT.—The transferred funds 

13 shall only be available to the agency or division 

14 charged with rendering the decision as addi15 tional resources, pursuant to subparagraph (F). 

16 ‘‘(E) NO FAULT OF AGENCY.—A transfer 

17 of funds under this paragraph shall not be 

18 made if the agency responsible for rendering 

19 the decision certifies that— 

20 ‘‘(i) the agency has not received nec21 essary information or approvals from an22 other entity, such as the project sponsor, 

23 in a manner that affects the ability of the 

24 agency to meet any requirements under 

25 State, local, or Federal law; or 


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1 ‘‘(ii) significant new information or 

2 circumstances, including a major modifica3 tion to an aspect of the project, requires 

4 additional analysis for the agency to make 

5 a decision on the project application. 

6 ‘‘(F) TREATMENT OF FUNDS.— 

7 ‘‘(i) IN GENERAL.—Funds transferred 

8 under this paragraph shall supplement re9 sources available to the agency or division 

10 charged with making a decision for the 

11 purpose of expediting permit reviews. 

12 ‘‘(ii) AVAILABILITY.—Funds trans13 ferred under this paragraph shall be avail14 able for use or obligation for the same pe15 riod that the funds were originally author16 ized or appropriated, plus 1 additional fis17 cal year. 

18 ‘‘(iii) LIMITATION.—The Federal 

19 agency with jurisdiction for the decision 

20 that has transferred the funds pursuant to 

21 this paragraph shall not reprogram funds 

22 to the office of the head of the agency, or 

23 equivalent office, to reimburse that office 

24 for the loss of the funds. 


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1 ‘‘(G) AUDITS.—In any fiscal year in which 

2 any Federal agency transfers funds pursuant to 

3 this paragraph, the Inspector General of that 

4 agency shall— 

5 ‘‘(i) conduct an audit to assess com6 pliance with the requirements of this para7 graph; and 

8 ‘‘(ii) not later than 120 days after the 

9 end of the fiscal year during which the 

10 transfer occurred, submit to the Committee 

11 on Environment and Public Works of the 

12 Senate and any other appropriate congres13 sional committees a report describing the 

14 reasons why the transfers were levied, in15 cluding allocations of resources. 

16 ‘‘(H) EFFECT OF PARAGRAPH.—Nothing 

17 in this paragraph affects or limits the applica18 tion of, or obligation to comply with, any Fed19 eral, State, local, or tribal law. 

20 ‘‘(I) AUTHORITY FOR INTRA-AGENCY

21 TRANSFER OF FUNDS.—The requirement pro22 vided under this paragraph for a Federal agen23 cy to transfer or reallocate funds of the Federal 

24 agency in accordance with subparagraph 

25 (B)(i)— 


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1 ‘‘(i) shall be treated by the Federal 

2 agency as a requirement and authority 

3 consistent with any applicable original law 

4 establishing and authorizing the agency; 

5 but 

6 ‘‘(ii) does not provide to the Federal 

7 agency the authority to require or deter8 mine the intra-agency transfer or realloca9 tion of funds that are provided to or are 

10 within any other Federal agency. 

11 ‘‘(7) EXPEDIENT DECISIONS AND REVIEWS.— 

12 To ensure that Federal environmental decisions and 

13 reviews are expeditiously made— 

14 ‘‘(A) adequate resources made available 

15 under this title shall be devoted to ensuring 

16 that applicable environmental reviews under the 

17 National Environmental Policy Act of 1969 (42 

18 U.S.C. 4321 et seq.) are completed on an expe19 ditious basis and that the shortest existing ap20 plicable process under that Act is implemented; 

21 and 

22 ‘‘(B) the President shall submit to the 

23 Committee on Transportation and Infrastruc24 ture of the House of Representatives and the 

25 Committee on Environment and Public Works 


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1 of the Senate, not less frequently than once 

2 every 120 days after the date of enactment of 

3 the MAP–21, a report on the status and 

4 progress of the following projects and activities 

5 funded under this title with respect to compli6 ance with applicable requirements under the 

7 National Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.): 

9 ‘‘(i) Projects and activities required to 

10 prepare an annual financial plan under 

11 section 106(i). 

12 ‘‘(ii) A sample of not less than 5 per13 cent of the projects requiring preparation 

14 of an environmental impact statement or 

15 environmental assessment in each State.’’. 

16 SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE. 

17 (a) ESTABLISHMENT.—For grant programs under 

18 which funds are distributed by formula by the Department 

19 of Transportation, the Secretary shall establish an initia20 tive to review and develop consistent procedures for envi21 ronmental permitting and procurement requirements. 

22 (b) REPORT.—The Secretary shall publish the results 

23 of the initiative described in subsection (a) in an electroni24 cally accessible format. 


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1 SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEM2 ONSTRATION PROGRAM. 

3 (a) PAYMENT DEMONSTRATION PROGRAM.— 

4 (1) IN GENERAL.—Except as otherwise pro5 vided in this section, for the purpose of identifying 

6 improvements in the timeliness of providing reloca7 tion assistance to persons displaced by Federal or 

8 federally assisted programs and projects, the Sec9 retary may allow not more than 5 States to partici10 pate in an alternative relocation payment demonstra11 tion program under which payments to displaced 

12 persons eligible for relocation assistance pursuant to 

13 the Uniform Relocation Assistance and Real Prop14 erty Acquisition Policies Act of 1970 (42 U.S.C. 

15 4601 et seq.) (including implementing regulations), 

16 are calculated based on reasonable estimates and 

17 paid in advance of the physical displacement of the 

18 displaced person. 

19 (2) TIMING OF PAYMENTS.—Relocation assist20 ance payments for projects carried out under an ap21 proved State demonstration program may be pro22 vided to the displaced person at the same time as 

23 payments of just compensation for real property ac24 quired for the program or project of the State. 


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1 (3) COMBINING OF PAYMENTS.—Payments for 

2 relocation and just compensation may be combined 

3 into a single unallocated amount. 

4 (b) CRITERIA.— 

5 (1) IN GENERAL.—After public notice and an 

6 opportunity to comment, the Secretary shall adopt 

7 criteria for carrying out the alternative relocation 

8 payment demonstration program. 

9 (2) CONDITIONS.— 

10 (A) IN GENERAL.—Conditions for State 

11 participation in the demonstration program 

12 shall include the conditions described in sub13 paragraphs (B) through (E). 

14 (B) MEMORANDUM OF AGREEMENT.—A 

15 State wishing to participate in the demonstra16 tion program shall be required to enter into a 

17 memorandum of agreement with the Secretary 

18 that includes provisions relating to— 

19 (i) the selection of projects or pro20 grams within the State to which the alter21 native relocation payment process will be 

22 applied; 

23 (ii) program and project-level moni24 toring; 

25 (iii) performance measurement; 


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1 (iv) reporting; and 

2 (v) the circumstances under which the 

3 Secretary may terminate the demonstra4 tion program of the State before the end of 

5 the program term. 

6 (C) TERM OF DEMONSTRATION PRO7 GRAM.—Except as provided in subparagraph 

8 (B)(v), the demonstration program of the State 

9 may continue for up to 3 years after the date 

10 on which the Secretary executes the memo11 randum of agreement. 

12 (D) DISPLACED PERSONS.— 

13 (i) IN GENERAL.—Displaced persons 

14 affected by a project included in the dem15 onstration program of the State shall be 

16 informed in writing in a format that is 

17 clear and easily understandable that the 

18 relocation payments that the displaced per19 sons receive under the demonstration pro20 gram may be higher or lower than the 

21 amount that the displaced persons would 

22 receive under the standard relocation as23 sistance process. 

24 (ii) ALTERNATIVE PROCESS.—Dis25 placed persons shall be informed— 


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1 (I) of the right of the displaced 

2 persons not to participate in the dem3 onstration program; and 

4 (II) that the alternative reloca5 tion payment process can be used only 

6 if the displaced person agrees in writ7 ing. 

8 (iii) ASSISTANCE.—The displacing 

9 agency shall provide any displaced person 

10 who elects not to participate in the dem11 onstration program with relocation assist12 ance in accordance with the Uniform Relo13 cation Assistance and Real Property Ac14 quisition Policies Act of 1970 (42 U.S.C. 

15 4601 et seq.) (including implementing reg16 ulations). 

17 (E) OTHER DISPLACEMENTS.— 

18 (i) IN GENERAL.—If other Federal 

19 agencies plan displacements in or adjacent 

20 to a demonstration program project area 

21 within the same time period as the project 

22 acquisition and relocation actions of the 

23 demonstration program, the Secretary 

24 shall adopt measures to protect against in25 consistent treatment of displaced persons. 


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1 (ii) INCLUSION.—Measures described 

2 in clause (i) may include a determination 

3 that the demonstration program authority 

4 may not be used on a particular project. 

5 (c) REPORT.— 

6 (1) IN GENERAL.—The Secretary shall submit 

7 to Congress— 

8 (A) at least every 18 months after the date 

9 of enactment of this Act, a report on the 

10 progress and results of the demonstration pro11 gram; and 

12 (B) not later than 1 year after all State 

13 demonstration programs have ended, a final re14 port. 

15 (2) REQUIREMENTS.—The final report shall in16 clude an evaluation by the Secretary of the merits 

17 of the alternative relocation payment demonstration 

18 program, including the effects of the demonstration 

19 program on— 

20 (A) displaced persons and the protections 

21 afforded to displaced persons by the Uniform 

22 Relocation Assistance and Real Property Acqui23 sition Policies Act of 1970 (42 U.S.C. 4601 et 

24 seq.); 


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1 (B) the efficiency of the delivery of Fed2 eral-aid highway projects and overall effects on 

3 the Federal-aid highway program; and 

4 (C) the achievement of the purposes of the 

5 Uniform Relocation Assistance and Real Prop6 erty Acquisition Policies Act of 1970 (42 

7 U.S.C. 4601 et seq.). 

8 (d) LIMITATION.—The authority of this section may 

9 be used only on projects funded under title 23, United 

10 States Code, in cases in which the funds are administered 

11 by the Federal Highway Administration. 

12 (e) AUTHORITY.—The authority of the Secretary to 

13 approve an alternate relocation payment demonstration 

14 program for a State terminates on the date that is 3 years 

15 after the date of enactment of this Act 

16 SEC. 1316. REVIEW OF FEDERAL PROJECT AND PROGRAM 

17 DELIVERY. 

18 (a) COMPLETION TIME ASSESSMENTS AND RE19 PORTS.— 

20 (1) IN GENERAL.—For projects funded under 

21 title 23, United States Code, the Secretary shall 

22 compare— 

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1 vironmental impact statements initiated after 

2 calendar year 2005; to 

3 (ii) the completion times of categorical ex4 clusions, environmental assessments, and envi5 ronmental impact statements initiated during a 

6 period prior to calendar year 2005; and 

7 (B)(i) the completion times of categorical 

8 exclusions, environmental assessments, and en9 vironmental impact statements initiated during 

10 the period beginning on January 1, 2005, and 

11 ending on the date of enactment of this Act; to 

12 (ii) the completion times of categorical ex13 clusions, environmental assessments, and envi14 ronmental impact statements initiated after the 

15 date of enactment of this Act. 

16 (2) REPORT.—The Secretary shall submit to 

17 the Committee on Transportation and Infrastructure 

18 of the House of Representatives and the Committee 

19 on Environment and Public Works of the Senate a 

20 report— 

21 (A) not later than 1 year after the date of 

22 enactment of this Act that— 

23 (i) describes the results of the review 

24 conducted under paragraph (1)(A); and 


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1 (ii) identifies any change in the timing 

2 for completions, including the reasons for 

3 any such change and the reasons for 

4 delays in excess of 5 years; and 

5 (B) not later than 5 years after the date 

6 of enactment of this Act that— 

7 (i) describes the results of the review 

8 conducted under paragraph (1)(B); and 

9 (ii) identifies any change in the timing 

10 for completions, including the reasons for 

11 any such change and the reasons for 

12 delays in excess of 5 years. 

13 (b) ADDITIONAL REPORT.—Not later than 2 years 

14 after the date of enactment of this Act, the Secretary shall 

15 submit to the Committee on Transportation and Infra16 structure of the House of Representatives and the Com17 mittee on Environment and Public Works of the Senate 

18 a report on the types and justification for the additional 

19 categorical exclusions granted under the authority pro20 vided under sections 1309 and 1310. 

21 (c) GAO REPORT.—The Comptroller General of the 

22 United States shall— 

23 (1) assess the reforms carried out under sec24 tions 1301 through 1315 (including the amendments 

25 made by those sections); and 


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1 (2) not later than 5 years after the date of en2 actment of this Act, submit to the Committee on 

3 Transportation and Infrastructure of the House of 

4 Representatives and the Committee on Environment 

5 and Public Works of the Senate a report that de6 scribes the results of the assessment. 

7 (d) INSPECTOR GENERAL REPORT.—The Inspector 

8 General of the Department of Transportation shall— 

9 (1) assess the reforms carried out under sec10 tions 1301 through 1315 (including the amendments 

11 made by those sections); and 

12 (2) submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives 

14 and the Committee on Environment and Public 

15 Works of the Senate— 

16 (A) not later than 2 years after the date 

17 of enactment of this Act, an initial report of the 

18 findings of the Inspector General; and 

19 (B) not later than 4 years after the date 

20 of enactment of this Act, a final report of the 

21 findings. 

22 Subtitle D—Highway Safety 

23 SEC. 1401. JASON’S LAW. 

24 (a) IN GENERAL.—It is the sense of Congress that 

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1 tion for the shortage of long-term parking for commercial 

2 motor vehicles on the National Highway System to im3 prove the safety of motorized and nonmotorized users and 

4 for commercial motor vehicle operators. 

5 (b) ELIGIBLE PROJECTS.—Eligible projects under 

6 this section are those that— 

7 (1) serve the National Highway System; and 

8 (2) may include the following: 

9 (A) Constructing safety rest areas (as de10 fined in section 120(c) of title 23, United 

11 States Code) that include parking for commer12 cial motor vehicles. 

13 (B) Constructing commercial motor vehicle 

14 parking facilities adjacent to commercial truck 

15 stops and travel plazas. 

16 (C) Opening existing facilities to commer17 cial motor vehicle parking, including inspection 

18 and weigh stations and park-and-ride facilities. 

19 (D) Promoting the availability of publicly 

20 or privately provided commercial motor vehicle 

21 parking on the National Highway System using 

22 intelligent transportation systems and other 

23 means. 


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1 (E) Constructing turnouts along the Na2 tional Highway System for commercial motor 

3 vehicles. 

4 (F) Making capital improvements to public 

5 commercial motor vehicle parking facilities cur6 rently closed on a seasonal basis to allow the fa7 cilities to remain open year-round. 

8 (G) Improving the geometric design of 

9 interchanges on the National Highway System 

10 to improve access to commercial motor vehicle 

11 parking facilities. 

12 (c) SURVEY AND COMPARATIVE ASSESSMENT.— 

13 (1) IN GENERAL.—The Secretary, in consulta14 tion with relevant State motor carrier safety per15 sonnel, shall conduct a survey regarding the avail16 ability of parking facilities within each State— 

17 (A) to evaluate the capability of the State 

18 to provide adequate parking and rest facilities 

19 for motor carriers engaged in interstate motor 

20 carrier service; 

21 (B) to assess the volume of motor carrier 

22 traffic through the State; and 

23 (C) to develop a system of metrics to 

24 measure the adequacy of parking facilities in 

25 the State. 


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1 (2) RESULTS.—The results of the survey under 

2 paragraph (1) shall be made available to the public 

3 on the website of the Department of Transportation. 

4 (3) PERIODIC UPDATES.—The Secretary shall 

5 periodically update the survey under this subsection. 

6 (d) TREATMENT OF PROJECTS.—Notwithstanding 

7 any other provision of law, projects funded through the 

8 authority provided under this section shall be treated as 

9 projects on a Federal-aid highway under chapter 1 of title 

10 23, United States Code. 

11 SEC. 1402. OPEN CONTAINER REQUIREMENTS. 

12 Section 154(c) of title 23, United States Code, is 

13 amended— 

14 (1) by striking paragraph (2) and inserting the 

15 following: 

16 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

17 ‘‘(A) RESERVATION OF FUNDS.—On Octo18 ber 1, 2011, and each October 1 thereafter, if 

19 a State has not enacted or is not enforcing an 

20 open container law described in subsection (b), 

21 the Secretary shall reserve an amount equal to 

22 2.5 percent of the funds to be apportioned to 

23 the State on that date under each of para24 graphs (1) and (2) of section 104(b) until the 

25 State certifies to the Secretary the means by 


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1 which the State will use those reserved funds in 

2 accordance with subparagraphs (A) and (B) of 

3 paragraph (1) and paragraph (3). 

4 ‘‘(B) TRANSFER OF FUNDS.—As soon as 

5 practicable after the date of receipt of a certifi6 cation from a State under subparagraph (A), 

7 the Secretary shall— 

8 ‘‘(i) transfer the reserved funds identi9 fied by the State for use as described in 

10 subparagraphs (A) and (B) of paragraph 

11 (1) to the apportionment of the State 

12 under section 402; and 

13 ‘‘(ii) release the reserved funds identi14 fied by the State as described in paragraph 

15 (3).’’; 

16 (2) by striking paragraph (3) and inserting the 

17 following: 

18 ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT

19 PROGRAM.— 

20 ‘‘(A) IN GENERAL.—A State may elect to 

21 use all or a portion of the funds transferred 

22 under paragraph (2) for activities eligible under 

23 section 148. 

24 ‘‘(B) STATE DEPARTMENTS OF TRANSPOR25 TATION.—If the State makes an election under 


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1 subparagraph (A), the funds shall be trans2 ferred to the department of transportation of 

3 the State, which shall be responsible for the ad4 ministration of the funds.’’; and 

5 (3) by striking paragraph (5) and inserting the 

6 following: 

7 ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS8 FERRED.—The amount to be transferred under 

9 paragraph (2) may be derived from the following: 

10 ‘‘(A) The apportionment of the State 

11 under section 104(b)(l). 

12 ‘‘(B) The apportionment of the State 

13 under section 104(b)(2).’’. 

14 SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS 

15 FOR DRIVING WHILE INTOXICATED OR DRIV16 ING UNDER THE INFLUENCE. 

17 (a) DEFINITIONS.—Section 164(a) of title 23, United 

18 States Code, is amended— 

19 (1) by striking paragraph (3); 

20 (2) by redesignating paragraphs (4) and (5) as 

21 paragraphs (3) and (4), respectively; and 

22 (3) in paragraph (4) (as so redesignated) by 

23 striking subparagraph (A) and inserting the fol24 lowing: 

25 ‘‘(A) receive— 


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1 ‘‘(i) a suspension of all driving privi2 leges for not less than 1 year; or 

3 ‘‘(ii) a suspension of unlimited driving 

4 privileges for 1 year, allowing for the rein5 statement of limited driving privileges sub6 ject to restrictions and limited exemptions 

7 as established by State law, if an ignition 

8 interlock device is installed for not less 

9 than 1 year on each of the motor vehicles 

10 owned or operated, or both, by the indi11 vidual;’’. 

12 (b) TRANSFER OF FUNDS.—Section 164(b) of title 

13 23, United States Code, is amended— 

14 (1) by striking paragraph (2) and inserting the 

15 following: 

16 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

17 ‘‘(A) RESERVATION OF FUNDS.—On Octo18 ber 1, 2011, and each October 1 thereafter, if 

19 a State has not enacted or is not enforcing a 

20 repeat intoxicated driver law, the Secretary 

21 shall reserve an amount equal to 2.5 percent of 

22 the funds to be apportioned to the State on 

23 that date under each of paragraphs (1) and (2) 

24 of section 104(b) until the State certifies to the 

25 Secretary the means by which the States will 


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1 use those reserved funds among the uses au2 thorized under subparagraphs (A) and (B) of 

3 paragraph (1), and paragraph (3). 

4 ‘‘(B) TRANSFER OF FUNDS.—As soon as 

5 practicable after the date of receipt of a certifi6 cation from a State under subparagraph (A), 

7 the Secretary shall— 

8 ‘‘(i) transfer the reserved funds identi9 fied by the State for use as described in 

10 subparagraphs (A) and (B) of paragraph 

11 (1) to the apportionment of the State 

12 under section 402; and 

13 ‘‘(ii) release the reserved funds identi14 fied by the State as described in paragraph 

15 (3).’’; 

16 (2) by striking paragraph (3) and inserting the 

17 following: 

18 ‘‘(3) USE FOR HIGHWAY SAFETY IMPROVEMENT

19 PROGRAM.— 

20 ‘‘(A) IN GENERAL.—A State may elect to 

21 use all or a portion of the funds transferred 

22 under paragraph (2) for activities eligible under 

23 section 148. 

24 ‘‘(B) STATE DEPARTMENTS OF TRANSPOR25 TATION.—If the State makes an election under 


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1 subparagraph (A), the funds shall be trans2 ferred to the department of transportation of 

3 the State, which shall be responsible for the ad4 ministration of the funds.’’; and 

5 (3) by striking paragraph (5) and inserting the 

6 following: 

7 ‘‘(5) DERIVATION OF AMOUNT TO BE TRANS8 FERRED.—The amount to be transferred under 

9 paragraph (2) may be derived from the following: 

10 ‘‘(A) The apportionment of the State 

11 under section 104(b)(1). 

12 ‘‘(B) The apportionment of the State 

13 under section 104(b)(2).’’. 

14 SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS. 

15 (a) VEHICLE WEIGHT LIMITATIONS.—Section 

16 127(a)(1) of title 23, United States Code, is amended by 

17 striking ‘‘No funds shall be apportioned in any fiscal year 

18 under section 104(b)(1) of this title to any State which’’ 

19 and inserting ‘‘The Secretary shall withhold 50 percent 

20 of the apportionment of a State under section 104(b)(1) 

21 in any fiscal year in which the State’’. 

22 (b) CONTROL OF JUNKYARDS.—Section 136 of title 

23 23, United States Code, is amended— 

24 (1) in subsection (b), in the first sentence— 


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1 (A) by striking ‘‘10 per centum’’ and in2 serting ‘‘7 percent’’; and 

3 (B) by striking ‘‘section 104 of this title’’ 

4 and inserting ‘‘paragraphs (1) through (5) of 

5 section 104(b)’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(n) For purposes of this section, the terms ‘primary 

8 system’ and ‘Federal-aid primary system’ mean any high9 way that is on the National Highway System, which in10 cludes the Interstate Highway System.’’. 

11 (c) ENFORCEMENT OF VEHICLE SIZE AND WEIGHT

12 LAWS.—Section 141(b)(2) of title 23, United States Code, 

13 is amended— 

14 (1) by striking ‘‘10 per centum’’ and inserting 

15 ‘‘7 percent’’; and 

16 (2) by striking ‘‘section 104 of this title’’ and 

17 inserting ‘‘paragraphs (1) through (5) of section 

18 104(b)’’. 

19 (d) PROOF OF PAYMENT OF THE HEAVY VEHICLE

20 USE TAX.—Section 141(c) of title 23, United States 

21 Code, is amended— 

22 (1) by striking ‘‘section 104(b)(4)’’ each place 

23 it appears and inserting ‘‘section 104(b)(1)’’; and 

24 (2) in the first sentence by striking ‘‘25 per 

25 centum’’ and inserting ‘‘ 8 percent’’. 


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1 (e) USE OF SAFETY BELTS.—Section 153(h) of title 

2 23, United States Code, is amended— 

3 (1) by striking paragraph (1); 

4 (2) by redesignating paragraph (2) as para5 graph (1); 

6 (3) in paragraph (1) (as so redesignated)— 

7 (A) by striking the paragraph heading and 

8 inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 

9 (B) by inserting ‘‘and before October 1, 

10 2011,’’ after ‘‘September 30, 1994,’’; and 

11 (4) by inserting after paragraph (1) (as so re12 designated) the following: 

13 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—If, 

14 at any time in a fiscal year beginning after Sep15 tember 30, 2011, a State does not have in effect a 

16 law described in subsection (a)(2), the Secretary 

17 shall transfer an amount equal to 2 percent of the 

18 funds apportioned to the State for the succeeding 

19 fiscal year under each of paragraphs (1) through (3) 

20 of section 104(b) to the apportionment of the State 

21 under section 402.’’. 

22 (f) NATIONAL MINIMUM DRINKING AGE.—Section 

23 158(a)(1) of title 23, United States Code, is amended— 

24 (1) by striking ‘‘The Secretary’’ and inserting 

25 the following: 


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1 ‘‘(A) FISCAL YEARS BEFORE 2012.—The 

2 Secretary’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(B) FISCAL YEAR 2012 AND THERE5 AFTER.—For fiscal year 2012 and each fiscal 

6 year thereafter, the amount to be withheld 

7 under this section shall be an amount equal to 

8 8 percent of the amount apportioned to the 

9 noncompliant State, as described in subpara10 graph (A), under paragraphs (1) and (2) of sec11 tion 104(b).’’. 

12 (g) DRUG OFFENDERS.—Section 159 of title 23, 

13 United States Code, is amended— 

14 (1) in subsection (a)— 

15 (A) by striking paragraph (1); 

16 (B) by redesignating paragraph (2) as 

17 paragraph (1); 

18 (C) in paragraph (1) (as so redesignated) 

19 by striking ‘‘(including any amounts withheld 

20 under paragraph (1))’’; and 

21 (D) by inserting after paragraph (1) (as so 

22 redesignated) the following: 

23 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

24 The Secretary shall withhold an amount equal to 8 

25 percent of the amount required to be apportioned to 


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1 any State under each of paragraphs (1) and (2) of 

2 section 104(b) on the first day of each fiscal year 

3 beginning after September 30, 2011, if the State 

4 fails to meet the requirements of paragraph (3) on 

5 the first day of the fiscal year.’’; and 

6 (2) by striking subsection (b) and inserting the 

7 following: 

8 ‘‘(b) EFFECT OF NONCOMPLIANCE.—No funds with9 held under this section from apportionments to any State 

10 shall be available for apportionment to that State.’’. 

11 (h) ZERO TOLERANCE BLOOD ALCOHOL CON12 CENTRATION FOR MINORS.—Section 161(a) of title 23, 

13 United States Code, is amended— 

14 (1) by striking paragraph (1); 

15 (2) by redesignating paragraph (2) as para16 graph (1); 

17 (3) in paragraph (1) (as so redesignated)— 

18 (A) by striking the paragraph heading and 

19 inserting ‘‘PRIOR TO FISCAL YEAR 2012’’; and 

20 (B) by inserting ‘‘through fiscal year 

21 2011’’ after ‘‘each fiscal year thereafter’’; and 

22 (4) by inserting after paragraph (1) (as so re23 designated) the following: 

24 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 

25 The Secretary shall withhold an amount equal to 8 


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1 percent of the amount required to be apportioned to 

2 any State under each of paragraphs (1) and (2) of 

3 section 104(b) on October 1, 2011, and on October 

4 1 of each fiscal year thereafter, if the State does not 

5 meet the requirement of paragraph (3) on that 

6 date.’’. 

7 (i) OPERATION OF MOTOR VEHICLES BY INTOXI8 CATED PERSONS.—Section 163(e) of title 23, United 

9 States Code, is amended by striking paragraphs (1) and 

10 (2) and inserting the following: 

11 ‘‘(1) FISCAL YEARS 2007 THROUGH 2011.—On 

12 October 1, 2006, and October 1 of each fiscal year 

13 thereafter through fiscal year 2011, if a State has 

14 not enacted or is not enforcing a law described in 

15 subsection (a), the Secretary shall withhold an 

16 amount equal to 8 percent of the amounts to be ap17 portioned to the State on that date under each of 

18 paragraphs (1), (3), and (4) of section 104(b). 

19 ‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.—On 

20 October 1, 2011, and October 1 of each fiscal year 

21 thereafter, if a State has not enacted or is not en22 forcing a law described in subsection (a), the Sec23 retary shall withhold an amount equal to 6 percent 

24 of the amounts to be apportioned to the State on 


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1 that date under each of paragraphs (1) and (2) of 

2 section 104(b).’’. 

3 (j) COMMERCIAL DRIVER’S LICENSE.—Section 

4 31314 of title 49, United States Code, is amended— 

5 (1) by redesignating subsection (c) as sub6 section (d); and 

7 (2) by inserting after subsection (b) the fol8 lowing: 

9 ‘‘(c) PENALTIES IMPOSED IN FISCAL YEAR 2012 

10 AND THEREAFTER.—Effective beginning on October 1, 

11 2011— 

12 ‘‘(1) the penalty for the first instance of non13 compliance by a State under this section shall be not 

14 more than an amount equal to 4 percent of funds 

15 required to be apportioned to the noncompliant 

16 State under paragraphs (1) and (2) of section 

17 104(b) of title 23; and 

18 ‘‘(2) the penalty for subsequent instances of 

19 noncompliance shall be not more than an amount 

20 equal to 8 percent of funds required to be appor21 tioned to the noncompliant State under paragraphs 

22 (1) and (2) of section 104(b) of title 23.’’. 

23 SEC. 1405. HIGHWAY WORKER SAFETY. 

24 Not later than 60 days after the date of enactment 

25 of this Act, the Secretary shall modify section 630.1108(a) 


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1 of title 23, Code of Federal Regulations (as in effect on 

2 the date of enactment of this Act), to ensure that— 

3 (1) at a minimum, positive protective measures 

4 are used to separate workers on highway construc5 tion projects from motorized traffic in all work zones 

6 conducted under traffic in areas that offer workers 

7 no means of escape (such as tunnels and bridges), 

8 unless an engineering study determines otherwise; 

9 (2) temporary longitudinal traffic barriers are 

10 used to protect workers on highway construction 

11 projects in long-duration stationary work zones when 

12 the project design speed is anticipated to be high 

13 and the nature of the work requires workers to be 

14 within 1 lane-width from the edge of a live travel 

15 lane, unless— 

16 (A) an analysis by the project sponsor de17 termines otherwise; or 

18 (B) the project is outside of an urbanized 

19 area and the annual average daily traffic load 

20 of the applicable road is less than 100 vehicles 

21 per hour; and 

22 (3) when positive protective devices are nec23 essary for highway construction projects, those de24 vices are paid for on a unit-pay basis, unless doing 

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1 tracting approaches, such as design-build or some 

2 performance-based contracts under which the con3 tractor is paid to assume a certain risk allocation 

4 and payment is generally made on a lump-sum basis. 

5 Subtitle E—Miscellaneous 

6 SEC. 1501. PROGRAM EFFICIENCIES. 

7 The first sentence of section 102(b) of title 23, 

8 United States Code, is amended by striking ‘‘made avail9 able for such engineering’’ and inserting ‘‘reimbursed for 

10 the preliminary engineering’’. 

11 SEC. 1502. PROJECT APPROVAL AND OVERSIGHT. 

12 Section 106 of title 23, United States Code, is 

13 amended— 

14 (1) in subsection (a)(2) by inserting ‘‘recipient’’ 

15 before ‘‘formalizing’’; 

16 (2) in subsection (c)— 

17 (A) in paragraph (1)— 

18 (i) in the heading, by striking ‘‘NON19 INTERSTATE’’; and 

20 (ii) by striking ‘‘but not on the Inter21 state System’’; and 

22 (B) by striking paragraph (4) and insert23 ing the following: 

24 ‘‘(4) LIMITATION ON INTERSTATE PROJECTS.— 


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

2 not assign any responsibilities to a State for 

3 projects the Secretary determines to be in a 

4 high risk category, as defined under subpara5 graph (B). 

6 ‘‘(B) HIGH RISK CATEGORIES.—The Sec7 retary may define the high risk categories 

8 under this subparagraph on a national basis, a 

9 State-by-State basis, or a national and State10 by-State basis, as determined to be appropriate 

11 by the Secretary.’’; 

12 (3) in subsection (e)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A)— 

15 (I) in the matter preceding clause 

16 (i)— 

17 (aa) by striking ‘‘concept’’ 

18 and inserting ‘‘planning’’; and 

19 (bb) by striking ‘‘multidis20 ciplined’’ and inserting ‘‘multi21 disciplinary’’; and 

22 (II) by striking clause (i) and in23 serting the following: 

24 ‘‘(i) providing the needed functions 

25 and achieving the established commitments 


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1 (including environmental, community, and 

2 agency commitments) safely, reliably, and 

3 at the lowest overall lifecycle cost;’’; and 

4 (ii) in subparagraph (B) by striking 

5 clause (ii) and inserting the following: 

6 ‘‘(ii) refining or redesigning, as appro7 priate, the project using different tech8 nologies, materials, or methods so as to ac9 complish the purpose, functions, and estab10 lished commitments (including environ11 mental, community, and agency commit12 ments) of the project.’’; 

13 (B) in paragraph (2)— 

14 (i) in the matter preceding subpara15 graph (A) by striking ‘‘or other cost-reduc16 tion analysis’’; 

17 (ii) in subparagraph (A) by striking 

18 ‘‘Federal-aid system’’ and inserting ‘‘Na19 tional Highway System receiving Federal 

20 assistance’’; and 

21 (iii) in subparagraph (B) by inserting 

22 ‘‘on the National Highway System receiv23 ing Federal assistance’’ after ‘‘a bridge 

24 project’’; and 


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1 (C) by striking paragraph (4) and insert2 ing the following: 

3 ‘‘(4) REQUIREMENTS.— 

4 ‘‘(A) VALUE ENGINEERING PROGRAM.— 

5 The State shall develop and carry out a value 

6 engineering program that— 

7 ‘‘(i) establishes and documents value 

8 engineering program policies and proce9 dures; 

10 ‘‘(ii) ensures that the required value 

11 engineering analysis is conducted before 

12 completing the final design of a project; 

13 ‘‘(iii) ensures that the value engineer14 ing analysis that is conducted, and the rec15 ommendations developed and implemented 

16 for each project, are documented in a final 

17 value engineering report; and 

18 ‘‘(iv) monitors, evaluates, and annu19 ally submits to the Secretary a report that 

20 describes the results of the value analyses 

21 that are conducted and the recommenda22 tions implemented for each of the projects 

23 described in paragraph (2) that are com24 pleted in the State. 


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1 ‘‘(B) BRIDGE PROJECTS.—The value engi2 neering analysis for a bridge project under 

3 paragraph (2) shall— 

4 ‘‘(i) include bridge superstructure and 

5 substructure requirements based on con6 struction material; and 

7 ‘‘(ii) be evaluated by the State— 

8 ‘‘(I) on engineering and economic 

9 bases, taking into consideration ac10 ceptable designs for bridges; and 

11 ‘‘(II) using an analysis of 

12 lifecycle costs and duration of project 

13 construction.’’; 

14 (4) in subsection (g)(4) by adding at the end 

15 the following: 

16 ‘‘(C) FUNDING.— 

17 ‘‘(i) IN GENERAL.—Subject to project 

18 approval by the Secretary, a State may ob19 ligate funds apportioned to the State under 

20 section 104(b)(2) for carrying out the re21 sponsibilities of the State under subpara22 graph (A). 

23 ‘‘(ii) ELIGIBLE ACTIVITIES.—Activi24 ties eligible for assistance under this sub25 paragraph include— 


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1 ‘‘(I) State administration of sub2 grants; and 

3 ‘‘(II) State oversight of subrecipi4 ents. 

5 ‘‘(iii) ANNUAL WORK PLAN.—To re6 ceive the funding flexibility made available 

7 under this subparagraph, the State shall 

8 submit to the Secretary an annual work 

9 plan identifying activities to be carried out 

10 under this subparagraph during the appli11 cable year. 

12 ‘‘(iv) FEDERAL SHARE.—The Federal 

13 share of the cost of activities carried out 

14 under this subparagraph shall be 100 per15 cent.’’; and 

16 (5) in subsection (h)— 

17 (A) in paragraph (1)(B) by inserting ‘‘, in18 cluding a phasing plan when applicable’’ after 

19 ‘‘financial plan’’; and 

20 (B) by striking paragraph (3) and insert21 ing the following: 

22 ‘‘(3) FINANCIAL PLAN.—A financial plan— 

23 ‘‘(A) shall be based on detailed estimates 

24 of the cost to complete the project; 


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1 ‘‘(B) shall provide for the annual submis2 sion of updates to the Secretary that are based 

3 on reasonable assumptions, as determined by 

4 the Secretary, of future increases in the cost to 

5 complete the project; and 

6 ‘‘(C) may include a phasing plan that iden7 tifies fundable incremental improvements or 

8 phases that will address the purpose and the 

9 need of the project in the short term in the 

10 event there are insufficient financial resources 

11 to complete the entire project. If a phasing plan 

12 is adopted for a project pursuant to this sec13 tion, the project shall be deemed to satisfy the 

14 fiscal constraint requirements in the statewide 

15 and metropolitan planning requirements in sec16 tions 134 and 135.’’. 

17 SEC. 1503. STANDARDS. 

18 (a) PRACTICAL DESIGN.—Section 109 of title 23, 

19 United States Code, is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (1) by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (2) by striking the period 

24 at the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(3) utilize, when appropriate, practical design 

2 solutions, as defined in this section, to ensure that 

3 transportation needs are met and that funds avail4 able for transportation projects are used effi5 ciently.’’; 

6 (2) in subsection (c)— 

7 (A) in paragraph (1), in the matter pre8 ceding subparagraph (A)— 

9 (i) by striking ‘‘, reconstruction, re10 surfacing (except for maintenance resur11 facing), restoration, or rehabilitation’’ and 

12 inserting ‘‘or reconstruction’’; and 

13 (ii) by striking ‘‘may take into ac14 count’’ and inserting ‘‘shall consider’’; 

15 (B) in paragraph (2)— 

16 (i) in the first sentence of the matter 

17 preceding subparagraph (A) by striking 

18 ‘‘may’’ and inserting ‘‘shall’’; 

19 (ii) in subparagraph (C) by striking 

20 ‘‘and’’ at the end; 

21 (iii) by redesignating subparagraph 

22 (D) as subparagraph (F); and 

23 (iv) by inserting after subparagraph 

24 (C) the following: 


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1 ‘‘(D) the publication entitled ‘Highway 

2 Safety Manual’ of the American Association of 

3 State Highway and Transportation Officials; 

4 ‘‘(E) the publication entitled ‘A Guide for 

5 Achieving Flexibility in Highway Design, 1st 

6 Edition’, published by the American Association 

7 of State Highway and Transportation Officials; 

8 and’’; 

9 (3) in subsection (f) by inserting ‘‘pedestrian 

10 walkways,’’ after ‘‘bikeways,’’; 

11 (4) in subsection (m) by inserting ‘‘, safe, and 

12 continuous’’ after ‘‘for a reasonable’’; 

13 (5) in subsection (q) by striking ‘‘consistent 

14 with the operative safety management system estab15 lished in accordance with section 303 or in accord16 ance with’’ inserting ‘‘that is in accordance with a 

17 State’s strategic highway safety plan and included 

18 on’’; and 

19 (6) by adding at the end the following: 

20 ‘‘(r) DEFINITION.—In this section, the term ‘prac21 tical design solution’ means a collaborative interdiscipli22 nary approach that results in a transportation project that 

23 fits its physical setting, preserves safety, and balances 

24 costs with the necessary scope and project delivery needs 


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1 of the project, as well as with scenic, aesthetic, historic, 

2 and environmental resources.’’. 

3 (b) ADDITIONAL STANDARDS.—Section 109 of title 

4 23, United States Code (as amended by subsection (a)(6)), 

5 is amended by adding at the end the following: 

6 ‘‘(s) PAVEMENT MARKINGS.—The Secretary shall not 

7 approve any pavement markings project that includes the 

8 use of glass beads containing more than 200 parts per 

9 million of arsenic or lead, as determined in accordance 

10 with Environmental Protection Agency testing methods 

11 3052, 6010B, or 6010C.’’. 

12 SEC. 1504. CONSTRUCTION. 

13 Section 114 of title 23, United States Code, is 

14 amended— 

15 (1) in subsection (b)— 

16 (A) by striking paragraph (1) and insert17 ing the following: 

18 ‘‘(1) LIMITATION ON CONVICT LABOR.—Convict 

19 labor shall not be used in construction of Federal20 aid highways or portions of Federal-aid highways 

21 unless the labor is performed by convicts who are on 

22 parole, supervised release, or probation.’’; and 

23 (B) in paragraph (3) by inserting ‘‘in ex24 istence during that period’’ after ‘‘located on a 

25 Federal-aid system’’; and 


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1 (2) in subsection (c)— 

2 (A) by striking paragraph (1) and insert3 ing the following: 

4 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

5 that a worker who is employed on a remote project 

6 for the construction of a Federal-aid highway or por7 tion of a Federal-aid highway in the State of Alaska 

8 and who is not a domiciled resident of the locality 

9 shall receive meals and lodging.’’; and 

10 (B) in paragraph (3)(C) by striking ‘‘high11 way or portion of a highway located on a Fed12 eral-aid system’’ and inserting ‘‘Federal-aid 

13 highway or portion of a Federal-aid highway’’. 

14 SEC. 1505. MAINTENANCE. 

15 Section 116 of title 23, United States Code, is 

16 amended— 

17 (1) in subsection (a)— 

18 (A) in the first sentence, by inserting ‘‘or 

19 other direct recipient’’ before ‘‘to maintain’’; 

20 and 

21 (B) by striking the second sentence; 

22 (2) by striking subsection (b) and inserting the 

23 following: 

24 ‘‘(b) AGREEMENT.—In any State in which the State 

25 transportation department or other direct recipient is 


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1 without legal authority to maintain a project described in 

2 subsection (a), the transportation department or direct re3 cipient shall enter into a formal agreement with the appro4 priate officials of the county or municipality in which the 

5 project is located providing for the maintenance of the 

6 project.’’; and 

7 (3) in the first sentence of subsection (c) by in8 serting ‘‘or other direct recipient’’ after ‘‘State 

9 transportation department’’. 

10 SEC. 1506. FEDERAL SHARE PAYABLE. 

11 Section 120 of title 23, United States Code, is 

12 amended— 

13 (1) in the first sentence of subsection (c)(1)— 

14 (A) by inserting ‘‘maintaining minimum 

15 levels of retroreflectivity of highway signs or 

16 pavement markings,’’ after ‘‘traffic control sig17 nalization,’’; 

18 (B) by inserting ‘‘shoulder and centerline 

19 rumble strips and stripes,’’ after ‘‘pavement 

20 marking,’’; and 

21 (C) by striking ‘‘Federal-aid systems’’ and 

22 inserting ‘‘Federal-aid programs’’; 

23 (2) by striking subsection (e) and inserting the 

24 following: 


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1 ‘‘(e) EMERGENCY RELIEF.—The Federal share pay2 able for any repair or reconstruction provided for by funds 

3 made available under section 125 for any project on a 

4 Federal-aid highway, including the Interstate System, 

5 shall not exceed the Federal share payable on a project 

6 on the system as provided in subsections (a) and (b), ex7 cept that— 

8 ‘‘(1) the Federal share payable for eligible 

9 emergency repairs to minimize damage, protect fa10 cilities, or restore essential traffic accomplished 

11 within 180 days after the actual occurrence of the 

12 natural disaster or catastrophic failure may amount 

13 to 100 percent of the cost of the repairs; 

14 ‘‘(2) the Federal share payable for any repair 

15 or reconstruction of Federal land transportation fa16 cilities, Federal land access transportation facilities, 

17 and tribal transportation facilities may amount to 

18 100 percent of the cost of the repair or reconstruc19 tion; 

20 ‘‘(3) the Secretary shall extend the time period 

21 in paragraph (1) taking into consideration any delay 

22 in the ability of the State to access damaged facili23 ties to evaluate damage and the cost of repair; and 

24 ‘‘(4) the Federal share payable for eligible per25 manent repairs to restore damaged facilities to 


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1 predisaster condition may amount to 100 percent of 

2 the cost of the repairs if the eligible expenses in3 curred by the State due to natural disasters or cata4 strophic failures in a Federal fiscal year exceeds the 

5 annual apportionment of the State under section 

6 104 for the fiscal year in which the disasters or fail7 ures occurred.’’; 

8 (3) by striking subsection (g) and redesignating 

9 subsections (h) through (l) as subsections (g) 

10 through (k), respectively; 

11 (4) in subsection (i)(1)(A) (as redesignated by 

12 paragraph (3)) by striking ‘‘and the Appalachian de13 velopment highway system program under section 

14 14501 of title 40’’; and 

15 (5) by striking subsections (j) and (k) (as re16 designated by paragraph (3)) and inserting the fol17 lowing: 

18 ‘‘(j) USE OF FEDERAL AGENCY FUNDS.—Notwith19 standing any other provision of law, any Federal funds 

20 other than those made available under this title and title 

21 49, United States Code, may be used to pay the non-Fed22 eral share of the cost of any transportation project that 

23 is within, adjacent to, or provides access to Federal land, 

24 the Federal share of which is funded under this title or 

25 chapter 53 of title 49. 


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1 ‘‘(k) USE OF FEDERAL LAND AND TRIBAL TRANS2 PORTATION FUNDS.—Notwithstanding any other provi3 sion of law, the funds authorized to be appropriated to 

4 carry out the tribal transportation program under section 

5 202 and the Federal lands transportation program under 

6 section 203 may be used to pay the non-Federal share of 

7 the cost of any project that is funded under this title or 

8 chapter 53 of title 49 and that provides access to or within 

9 Federal or tribal land.’’. 

10 SEC. 1507. TRANSFERABILITY OF FEDERAL-AID HIGHWAY 

11 FUNDS. 

12 (a) IN GENERAL.—Section 126 of title 23, United 

13 States Code, is amended to read as follows: 

14 ‘‘§ 126. Transferability of Federal-aid highway funds 

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of law, subject to subsection (b), a State may trans17 fer from an apportionment under section 104(b) not to 

18 exceed 20 percent of the amount apportioned for the fiscal 

19 year to any other apportionment of the State under that 

20 section. 

21 ‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—Funds 

22 that are subject to sections 104(d) and 133(d) shall not 

23 be transferred under this section. The maximum amount 

24 that a State may transfer under this section of the State’s 

25 set-aside under section 149(l) for a fiscal year may not 


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1 exceed 25 percent of (1) the amount of such set-aside, less 

2 (2) the amount of the State’s set-aside under section 

3 133(d)(2), as in effect on the day before the date of enact4 ment of the MAP–21, for fiscal year 1997.’’. 

5 (b) CONFORMING AMENDMENT.—The analysis for 

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

7 striking the item relating to section 126 and inserting the 

8 following: 

‘‘126. Transferability of Federal-aid highway funds.’’. 

9 SEC. 1508. SPECIAL PERMITS DURING PERIODS OF NA10 TIONAL EMERGENCY. 

11 Section 127 of title 23, United States Code, is 

12 amended by inserting at the end the following: 

13 ‘‘(i) SPECIAL PERMITS DURING PERIODS OF NA14 TIONAL EMERGENCY.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding any other 

16 provision of this section, a State may issue special 

17 permits during an emergency to overweight vehicles 

18 and loads that can easily be dismantled or divided 

19 if— 

20 ‘‘(A) the President has declared the emer21 gency to be a major disaster under the Robert 

22 T. Stafford Disaster Relief and Emergency As23 sistance Act (42 U.S.C. 5121 et seq.); 

24 ‘‘(B) the permits are issued in accordance 

25 with State law; and 


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1 ‘‘(C) the permits are issued exclusively to 

2 vehicles and loads that are delivering relief sup3 plies. 

4 ‘‘(2) EXPIRATION.—A permit issued under 

5 paragraph (1) shall expire not later than 120 days 

6 after the date of the declaration of emergency under 

7 subparagraph (A) of that paragraph.’’. 

8 SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS. 

9 (a) FRINGE AND CORRIDOR PARKING FACILITIES.— 

10 Section 137 of title 23, United States Code, is amended— 

11 (1) in subsection (a) by inserting after the sec12 ond sentence the following: ‘‘The addition of electric 

13 vehicle charging stations to new or previously funded 

14 parking facilities shall be eligible for funding under 

15 this section.’’; and 

16 (2) in subsection (f)(1)— 

17 (A) by striking ‘‘104(b)(4)’’ and inserting 

18 ‘‘104(b)(1)’’; and 

19 (B) by inserting ‘‘including the addition of 

20 electric vehicle charging stations,’’ after ‘‘new 

21 facilities,’’. 

22 (b) PUBLIC TRANSPORTATION.—Section 142(a)(1) of 

23 title 23, United States Code, is amended by inserting 

24 ‘‘(which may include electric vehicle charging stations)’’ 

25 after ‘‘corridor parking facilities’’. 


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1 SEC. 1510. HOV FACILITIES. 

2 Section 166 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (b)(5)— 

5 (A) in subparagraph (A) by striking ‘‘Be6 fore September 30, 2009, the’’ and inserting 

7 ‘‘The’’; and 

8 (B) in subparagraph (B) by striking ‘‘Be9 fore September 30, 2009, the’’ and inserting 

10 ‘‘The’’; and 

11 (2) in subsection (d)(1)— 

12 (A) in the matter preceding subparagraph 

13 (A)— 

14 (i) by striking ‘‘in a fiscal year shall 

15 certify’’ and inserting ‘‘shall submit to the 

16 Secretary a report demonstrating that the 

17 facility is not already degraded, and that 

18 the presence of the vehicles will not cause 

19 the facility to become degraded, and cer20 tify’’; and 

21 (ii) by striking ‘‘in the fiscal year’’; 

22 (B) in subparagraph (A) by inserting ‘‘and 

23 submitting to the Secretary annual reports of 

24 those impacts’’ after ‘‘adjacent highways’’; 

25 (C) in subparagraph (C) by striking ‘‘if the 

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1 ation of the facility’’ and inserting ‘‘whenever 

2 the operation of the facility is degraded’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(D) MAINTENANCE OF OPERATING PER5 FORMANCE.—A facility that has become de6 graded shall be brought back into compliance 

7 with the minimum average operating speed per8 formance standard by not later than 180 days 

9 after the date on which the degradation is iden10 tified through changes to operation, including 

11 the following: 

12 ‘‘(i) Increase the occupancy require13 ment for HOVs. 

14 ‘‘(ii) Increase the toll charged for ve15 hicles allowed under subsection (b) to re16 duce demand. 

17 ‘‘(iii) Charge tolls to any class of vehi18 cle allowed under subsection (b) that is not 

19 already subject to a toll. 

20 ‘‘(iv) Limit or discontinue allowing ve21 hicles under subsection (b). 

22 ‘‘(v) Increase the available capacity of 

23 the HOV facility. 

24 ‘‘(E) COMPLIANCE.—If the State fails to 

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1 graph (D), the Secretary shall subject the State 

2 to appropriate program sanctions under section 

3 1.36 of title 23, Code of Federal Regulations 

4 (or successor regulations), until the perform5 ance is no longer degraded.’’. 

6 SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES. 

7 (a) IN GENERAL.—Chapter 3 of title 23, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES. 

11 ‘‘(a) IN GENERAL.—In accordance with the obliga12 tion process established pursuant to section 149(j)(4), a 

13 State shall expend amounts required to be obligated for 

14 this section to install diesel emission control technology 

15 on covered equipment, with an engine that does not meet 

16 current model year new engine standards for particulate 

17 matter for the applicable engine power group issued by 

18 the Environmental Protection Agency, on a covered high19 way construction project within a PM2.5 nonattainment or 

20 maintenance area. Covered equipment repowered or ret21 rofit with diesel exhaust control technology installed dur22 ing the 6-year period ending on the date on which the 

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1 mental Protection Agency Tier 4 emission standards may 

2 be exempt from the requirements of this section. 

3 ‘‘(b) DEFINITIONS.—In this section, the following 

4 definitions apply: 

5 ‘‘(1) COVERED EQUIPMENT.—The term ‘cov6 ered equipment’ means any nonroad diesel equip7 ment or on-road diesel equipment that is operated 

8 on a covered highway construction project for not 

9 less than 80 hours over the life of the project. 

10 ‘‘(2) COVERED HIGHWAY CONSTRUCTION

11 PROJECT.— 

12 ‘‘(A) IN GENERAL.—The term ‘covered 

13 highway construction project’ means a highway 

14 construction project carried out under this title 

15 or any other Federal law which is funded in 

16 whole or in part with Federal funds. 

17 ‘‘(B) EXCLUSIONS.—Any project with a 

18 total budgeted cost not to exceed $5,000,000 

19 may be excluded from the requirements of this 

20 section by an applicable State or metropolitan 

21 planning organization. 

22 ‘‘(3) DIESEL EMISSION CONTROL TECH23 NOLOGY.—The term ‘diesel emission control tech24 nology’ means a technology that— 

25 ‘‘(A) is— 


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1 ‘‘(i) a diesel exhaust control tech2 nology; 

3 ‘‘(ii) a diesel engine upgrade; 

4 ‘‘(iii) a diesel engine repower; 

5 ‘‘(iv) an idle reduction control tech6 nology; or 

7 ‘‘(v) any combination of the tech8 nologies listed in clauses (i) through (iv); 

9 ‘‘(B) reduces particulate matter emission 

10 from covered equipment by— 

11 ‘‘(i) not less than 85 percent control 

12 of any emission of particulate matter; or 

13 ‘‘(ii) the maximum achievable reduc14 tion of any emission of particulate matter, 

15 taking cost and safety into account; and 

16 ‘‘(C) is installed on and operated with the 

17 covered equipment while the equipment is oper18 ated on a covered highway construction project 

19 and that remains operational on the covered 

20 equipment for the useful life of the control tech21 nology or equipment. 

22 ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means an entity (including a subcontractor of 

24 the entity) that has entered into a prime contract or 


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1 agreement with a State to carry out a covered high2 way construction project. 

3 ‘‘(5) NONROAD DIESEL EQUIPMENT.— 

4 ‘‘(A) IN GENERAL.—The term ‘nonroad 

5 diesel equipment’ means a vehicle, including 

6 covered equipment, that is— 

7 ‘‘(i) powered by a nonroad diesel en8 gine of not less than 50 horsepower; and 

9 ‘‘(ii) not intended for highway use. 

10 ‘‘(B) INCLUSIONS.—The term ‘nonroad 

11 diesel equipment’ includes a backhoe, bulldozer, 

12 compressor, crane, excavator, generator, and 

13 similar equipment. 

14 ‘‘(C) EXCLUSIONS.—The term ‘nonroad 

15 diesel equipment’ does not include a locomotive 

16 or marine vessel. 

17 ‘‘(6) ON-ROAD DIESEL EQUIPMENT.—The term 

18 ‘on-road diesel equipment’ means any self-propelled 

19 vehicle that— 

20 ‘‘(A) operates on diesel fuel; 

21 ‘‘(B) is designed to transport persons or 

22 property on a street or highway; and 

23 ‘‘(C) has a gross vehicle weight rating of at 

24 least 14,000 pounds. 


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1 ‘‘(7) PM2.5 NONATTAINMENT OR MAINTENANCE

2 AREA.—The term ‘PM2.5 nonattainment or mainte3 nance area’ means a nonattainment or maintenance 

4 area designated under section 107(d)(6) of the 

5 Clean Air Act (42 U.S.C. 7407(d)(6)). 

6 ‘‘(c) CRITERIA ELIGIBLE ACTIVITIES.—For purposes 

7 of subsection (b)(3)(A): 

8 ‘‘(1) DIESEL EXHAUST CONTROL TECH9 NOLOGY.—For a diesel exhaust control technology, 

10 the technology shall be— 

11 ‘‘(A) installed on a diesel engine or vehicle; 

12 ‘‘(B) a verified technology (as defined in 

13 section 791 of the Energy Policy Act of 2005 

14 (42 U.S.C. 16131)), for nonroad vehicles and 

15 nonroad engines (as defined in section 216 of 

16 the Clean Air Act (42 U.S.C. 7550)); and 

17 ‘‘(C) certified by the installer as having 

18 been installed in accordance with the specifica19 tions included on the list published pursuant to 

20 section 149(f)(2), as in effect on the day before 

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

22 achieving a reduction in particulate matter. 

23 ‘‘(2) DIESEL ENGINE UPGRADE.—For a diesel 

24 engine upgrade, the upgrade shall be performed on 

25 an engine that is— 


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1 ‘‘(A) rebuilt using new or manufactured 

2 components that collectively qualify as verified 

3 technologies (as defined in section 791 of the 

4 Energy Policy Act of 2005 (42 U.S.C. 16131)), 

5 for nonroad vehicles and nonroad engines (as 

6 defined in section 216 of the Clean Air Act (42 

7 U.S.C. 7550)); and 

8 ‘‘(B) certified by the installer to have been 

9 installed in accordance with the specifications 

10 included on the list published pursuant to sec11 tion 149(f)(2), as in effect on the day before 

12 the date of enactment of the MAP–21, for 

13 achieving a reduction in particulate matter. 

14 ‘‘(3) DIESEL ENGINE REPOWER.—For a diesel 

15 engine repower, the repower shall be conducted 

16 using a new or remanufactured diesel engine that 

17 is— 

18 ‘‘(A) installed as a replacement for an en19 gine used in the existing equipment, subject to 

20 the condition that the replaced engine is re21 turned to the supplier for remanufacturing to a 

22 more stringent set of engine emissions stand23 ards or for use as scrap; and 

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1 cable engine power group established by the 

2 Environmental Protection Agency than the en3 gine particulate matter emission standard appli4 cable to the replaced engine. 

5 ‘‘(4) IDLE REDUCTION CONTROL TECH6 NOLOGY.—For an idle reduction control technology, 

7 the technology shall be— 

8 ‘‘(A) installed on a diesel engine or vehicle; 

9 ‘‘(B) a verified technology (as defined in 

10 section 791 of the Energy Policy Act of 2005 

11 (42 U.S.C. 16131)), for nonroad vehicles and 

12 nonroad engines (as defined in section 216 of 

13 the Clean Air Act (42 U.S.C. 7550)); and 

14 ‘‘(C) certified by the installer as having 

15 been installed in accordance with the specifica16 tions included on the list published pursuant to 

17 section 149(f)(2), as in effect on the day before 

18 the date of enactment of the MAP–21, for 

19 achieving a reduction in particulate matter. 

20 ‘‘(d) ELIGIBILITY FOR CREDITS.— 

21 ‘‘(1) IN GENERAL.—A State may take credit in 

22 a State implementation plan for national ambient air 

23 quality standards for any emission reductions that 

24 result from the implementation of this section. 


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1 ‘‘(2) CREDITING.—An emission reduction de2 scribed in paragraph (1) may be credited toward 

3 demonstrating conformity of State implementation 

4 plans and transportation plans.’’. 

5 (b) SAVINGS CLAUSE.—Nothing in this section modi6 fies or otherwise affects any authority or restrictions es7 tablished under the Clean Air Act (42 U.S.C. 7401 et 

8 seq.). 

9 (c) REPORT TO CONGRESS.— 

10 (1) IN GENERAL.—Not later than 2 years after 

11 the date of enactment of this Act, the Secretary of 

12 Transportation shall submit to the Committee on 

13 Transportation and Infrastructure of the House of 

14 Representatives and the Committee on Environment 

15 and Public Works of the Senate a report that de16 scribes the manners in which section 330 of title 23, 

17 United States Code (as added by subsection (a)) has 

18 been implemented, including the quantity of covered 

19 equipment serviced under those sections and the 

20 costs associated with servicing the covered equip21 ment. 

22 (2) INFORMATION FROM STATES.—The Sec23 retary shall require States and recipients, as a con24 dition of receiving amounts under this Act or under 

25 the provisions of any amendments made by this Act, 


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1 to submit to the Secretary any information that the 

2 Secretary determines necessary to complete the re3 port under paragraph (1). 

4 (d) TECHNICAL AMENDMENT.—The analysis for 

5 chapter 3 of title 23, United States Code, is amended by 

6 adding at the end the following: 

‘‘330. Construction equipment and vehicles.’’. 

7 SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES 

8 AND OVERPASSES. 

9 Section 1805(a) of the SAFETEA–LU (23 U.S.C. 

10 144 note; 119 Stat. 1459) is amended by striking ‘‘high11 way bridge replacement and rehabilitation program under 

12 section 144’’ and inserting ‘‘national highway performance 

13 program under section 119’’. 

14 SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EX15 EMPTION FROM AXLE WEIGHT RESTRIC16 TIONS. 

17 Section 1023(h) of the Intermodal Surface Transpor18 tation Efficiency Act of 1991 (23 U.S.C. 127 note; Public 

19 Law 102–388) is amended— 

20 (1) in the heading of paragraph (1) by striking 

21 ‘‘TEMPORARY EXEMPTION’’ and inserting ‘‘EXEMP22 TION’’; 

23 (2) in paragraph (1) by striking ‘‘, for the pe24 riod beginning on October 6, 1992, and ending on 

25 October 1, 2009,’’; and 


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1 (3) in paragraph (2)(A) by striking ‘‘For the 

2 period beginning on the date of enactment of this 

3 subparagraph and ending on September 30, 2009, 

4 a’’ and inserting ‘‘A’’. 

5 SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT 

6 AMENDMENTS. 

7 (a) MOVING AND RELATED EXPENSES.—Section 202 

8 of the Uniform Relocation Assistance and Real Property 

9 Acquisition Policies Act of 1970 (42 U.S.C. 4622) is 

10 amended— 

11 (1) in subsection (a)(4) by striking ‘‘$10,000’’ 

12 and inserting ‘‘$25,000, as adjusted by regulation, 

13 in accordance with section 213(d)’’; and 

14 (2) in the second sentence of subsection (c) by 

15 striking ‘‘$20,000’’ and inserting ‘‘$40,000, as ad16 justed by regulation, in accordance with section 

17 213(d)’’. 

18 (b) REPLACEMENT HOUSING FOR HOMEOWNERS.— 

19 The first sentence of section 203(a)(1) of the Uniform Re20 location Assistance and Real Property Acquisition Policies 

21 Act of 1970 (42 U.S.C. 4623(a)(1)) is amended— 

22 (1) by striking ‘‘$22,500’’ and inserting 

23 ‘‘$31,000, as adjusted by regulation, in accordance 

24 with 213(d),’’; and 


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1 (2) by striking ‘‘one hundred and eighty days 

2 prior to’’ and inserting ‘‘90 days before’’. 

3 (c) REPLACEMENT HOUSING FOR TENANTS AND

4 CERTAIN OTHERS.—Section 204 of the Uniform Reloca5 tion Assistance and Real Property Acquisition Policies Act 

6 of 1970 (42 U.S.C. 4624) is amended— 

7 (1) in the second sentence of subsection (a) by 

8 striking ‘‘$5,250’’ and inserting ‘‘$7,200, as ad9 justed by regulation, in accordance with section 

10 213(d)’’; and 

11 (2) in the second sentence of subsection (b) by 

12 striking ‘‘, except’’ and all that follows through the 

13 end of the subsection and inserting a period. 

14 (d) DUTIES OF LEAD AGENCY.—Section 213 of the 

15 Uniform Relocation Assistance and Real Property Acquisi16 tion Policies Act of 1970 (42 U.S.C. 4633) is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (2) by striking ‘‘and’’ at 

19 the end; 

20 (B) in paragraph (3) by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(4) that each Federal agency that has pro24 grams or projects requiring the acquisition of real 

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1 erty subject to the provisions of this Act shall pro2 vide to the lead agency an annual summary report 

3 the describes the activities conducted by the Federal 

4 agency.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(d) ADJUSTMENT OF PAYMENTS.—The head of the 

7 lead agency may adjust, by regulation, the amounts of re8 location payments provided under sections 202(a)(4), 

9 202(c), 203(a), and 204(a) if the head of the lead agency 

10 determines that cost of living, inflation, or other factors 

11 indicate that the payments should be adjusted to meet the 

12 policy objectives of this Act.’’. 

13 (e) AGENCY COORDINATION.—Title II of the Uni14 form Relocation Assistance and Real Property Acquisition 

15 Policies Act of 1970 is amended by inserting after section 

16 213 (42 U.S.C. 4633) the following: 

17 ‘‘SEC. 214. AGENCY COORDINATION. 

18 ‘‘(a) AGENCY CAPACITY.—Each Federal agency re19 sponsible for funding or carrying out relocation and acqui20 sition activities shall have adequately trained personnel 

21 and such other resources as are necessary to manage and 

22 oversee the relocation and acquisition program of the Fed23 eral agency in accordance with this Act. 

24 ‘‘(b) INTERAGENCY AGREEMENTS.—Not later than 1 

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1 eral agency responsible for funding relocation and acquisi2 tion activities (other than the agency serving as the lead 

3 agency) shall enter into a memorandum of understanding 

4 with the lead agency that— 

5 ‘‘(1) provides for periodic training of the per6 sonnel of the Federal agency, which in the case of 

7 a Federal agency that provides Federal financial as8 sistance, may include personnel of any displacing 

9 agency that receives Federal financial assistance; 

10 ‘‘(2) addresses ways in which the lead agency 

11 may provide assistance and coordination to the Fed12 eral agency relating to compliance with the Act on 

13 a program or project basis; and 

14 ‘‘(3) addresses the funding of the training, as15 sistance, and coordination activities provided by the 

16 lead agency, in accordance with subsection (c). 

17 ‘‘(c) INTERAGENCY PAYMENTS.— 

18 ‘‘(1) IN GENERAL.—For the fiscal year that be19 gins 1 year after the date of enactment of this sec20 tion, and each fiscal year thereafter, each Federal 

21 agency responsible for funding relocation and acqui22 sition activities (other than the agency serving as the 

23 lead agency) shall transfer to the lead agency for the 

24 fiscal year, such funds as are necessary, but not less 

25 than $35,000, to support the training, assistance, 


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1 and coordination activities of the lead agency de2 scribed in subsection (b). 

3 ‘‘(2) INCLUDED COSTS.—The cost to a Federal 

4 agency of providing the funds described in para5 graph (1) shall be included as part of the cost of 1 

6 or more programs or projects undertaken by the 

7 Federal agency or with Federal financial assistance 

8 that result in the displacement of persons or the ac9 quisition of real property.’’. 

10 (f) COOPERATION WITH FEDERAL AGENCIES.—Sec11 tion 308 of title 23, United States Code, is amended by 

12 striking subsection (a) and inserting the following: 

13 ‘‘(a) AUTHORIZED ACTIVITIES.— 

14 ‘‘(1) IN GENERAL.—The Secretary may per15 form, by contract or otherwise, authorized engineer16 ing or other services in connection with the survey, 

17 construction, maintenance, or improvement of high18 ways for other Federal agencies, cooperating foreign 

19 countries, and State cooperating agencies. 

20 ‘‘(2) INCLUSIONS.—Services authorized under 

21 paragraph (1) may include activities authorized 

22 under section 214 of the Uniform Relocation Assist23 ance and Real Property Acquisition Policies Act of 

24 1970. 


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1 ‘‘(3) REIMBURSEMENT.—Reimbursement for 

2 services carried out under this subsection (including 

3 depreciation on engineering and road-building equip4 ment) shall be credited to the applicable appropria5 tion.’’. 

6 (g) EFFECTIVE DATES.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), the amendments made by this section 

9 shall take effect on the date of enactment of this 

10 Act. 

11 (2) EXCEPTION.—The amendments made by 

12 subsections (a) through (c) shall take effect 2 years 

13 after the date of enactment of this Act. 

14 SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION 

15 CORPS. 

16 (a) IN GENERAL.—The Secretary shall encourage the 

17 States and regional transportation planning agencies to 

18 enter into contracts and cooperative agreements with 

19 qualified youth service or conservation corps, as defined 

20 in sections 122(a)(2) of Public Law 101–610 (42 U.S.C. 

21 12572(a)(2)) and 106(c)(3) of Public Law 103–82 (42 

22 U.S.C. 12656(c)(3)) to perform— 

23 (1) appropriate projects eligible under sections 

24 162, 206, and 217 of title 23, United States Code; 


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1 (2) appropriate transportation enhancement ac2 tivities, as defined under section 101(a) of such title; 

3 (3) appropriate byway, trail, or bicycle and pe4 destrian projects under sections 202, 203, and 204 

5 of such title; and 

6 (4) appropriate safe routes to school projects 

7 under section 1404 of the SAFETEA–LU (119 

8 Stat. 1228). 

9 (b) REQUIREMENTS.—Under any contract or cooper10 ative agreement entered into with a qualified youth service 

11 or conservation corps under this section, the Secretary 

12 shall— 

13 (1) set the amount of a living allowance or rate 

14 of pay for each participant in such corps at— 

15 (A) such amount or rate as required under 

16 State law in a State with such requirements; or 

17 (B) for corps in States not described in 

18 subparagraph (A), at such amount or rate as 

19 determined by the Secretary, not to exceed the 

20 maximum living allowance authorized by section 

21 140 of Public Law 101–610 (42 U.S.C. 12594); 

22 and 

23 (2) not subject such corps to the requirements 

24 of section 112 of title 23, United States Code. 


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1 SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OB2 SOLETE PROVISIONS. 

3 (a) CONSOLIDATION OF PROGRAMS.—From adminis4 trative funds made available under section 104(a) of title 

5 23, United States Code, not less than $15,000,000 for 

6 each of fiscal years 2012 and 2013 shall be made available 

7 for the following activities: 

8 (1) To carry out the operation lifesaver pro9 gram— 

10 (A) to provide public information and edu11 cation programs to help prevent and reduce 

12 motor vehicle accidents, injuries, and fatalities; 

13 and 

14 (B) to improve driver performance at rail15 way-highway crossings. 

16 (2) To operate the national work zone safety in17 formation clearinghouse authorized by section 

18 358(b)(2) of the National Highway System Designa19 tion Act of 1995 (23 U.S.C. 401 note; 109 Stat. 

20 625) 

21 (3) To operate a public road safety clearing22 house in accordance with section 1411(a) of the 

23 SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

24 1234). 

25 (4) To operate a bicycle and pedestrian safety 

26 clearinghouse in accordance with section 1411(b) of 


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1 the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

2 1234). 

3 (5) To operate a national safe routes to school 

4 clearinghouse in accordance with section 1404(g) of 

5 the SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

6 1229). 

7 (6) To provide work zone safety grants in ac8 cordance with subsections (a) and (b) of section 

9 1409 of the SAFETEA–LU (23 U.S.C. 401 note; 

10 119 Stat. 1232). 

11 (7) To provide grants to prohibit racial 

12 profiling in accordance with section 1906 of the 

13 SAFETEA–LU (23 U.S.C. 402 note; 119 Stat. 

14 1468). 

15 (b) REPEALS.—Sections 105, 110, 117, 124, 151, 

16 155, 160, and 303 of title 23, United States Code, are 

17 repealed. 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) TITLE ANALYSIS.—The analysis for title 23, 

20 United States Code, is amended by striking the 

21 items relating to sections 105, 110, 117, 124, 151, 

22 155, 160, and 303 of that title. 

23 (2) SECTION 118.—Section 118 of such title is 

24 amended— 

25 (A) in subsection (b)— 


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1 (i) by striking paragraph (1) and all 

2 that follows through the heading of para3 graph (2); and 

4 (ii) by striking ‘‘(other than for Inter5 state construction)’’; 

6 (B) by striking subsection (c); and 

7 (C) by redesignating subsections (d) and 

8 (e) as subsections (c) and (d), respectively. 

9 (3) SECTION 130.—Section 130 of such title is 

10 amended— 

11 (A) by striking subsections (e) through (h); 

12 (B) by redesignating subsection (i) as sub13 section (e); 

14 (C) by striking subsections (j) and (k); 

15 (D) by redesignating subsection (l) as sub16 section (f); 

17 (E) in subsection (e) (as so redesignated) 

18 by striking ‘‘this section’’the second place it ap19 pears and inserting ‘‘section 104(b)(3)’’; and 

20 (F) in subsection (f) (as so redesignated) 

21 by striking paragraphs (3) and (4). 

22 (4) SECTION 142.—Section 142 of title 23, 

23 United States Code, is amended— 

24 (A) in subsection (a)— 

25 (i) in paragraph (1)— 


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1 (I) by striking ‘‘motor vehicles 

2 (other than rail)’’ and inserting 

3 ‘‘buses’’; 

4 (II) by striking ‘‘(hereafter in 

5 this section referred to as ‘buses’)’’; 

6 (III) by striking ‘‘Federal-aid 

7 systems’’ and inserting ‘‘Federal-aid 

8 highways’’; and 

9 (IV) by striking ‘‘Federal-aid sys10 tem’’ and inserting ‘‘Federal-aid high11 way’’; and 

12 (ii) in paragraph (2)— 

13 (I) by striking ‘‘as a project on 

14 the the surface transportation pro15 gram for’’; and 

16 (II) by striking ‘‘section 

17 104(b)(3)’’ and inserting ‘‘section 

18 104(b)(2); 

19 (B) in subsection (b) by striking 

20 ‘‘104(b)(4)’’ and inserting ‘‘104(b)(1)’’; 

21 (C) in subsection (c)— 

22 (i) by striking ‘‘system’’ in each place 

23 it appears and inserting ‘‘highway’’; and 


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1 (ii) by striking ‘‘highway facilities’’ 

2 and inserting ‘‘highways eligible under the 

3 program that is the source of the funds’’; 

4 (D) in subsection (e)(2)— 

5 (i) by striking ‘‘Notwithstanding sec6 tion 209(f)(1) of the Highway Revenue Act 

7 of 1956, the Highway Trust Fund shall be 

8 available for making expenditures to meet 

9 obligations resulting from projects author10 ized by subsection (a)(2) of this section 

11 and such projects’’ and inserting ‘‘Projects 

12 authorized by subsection (a)(2)’’; and 

13 (ii) striking ‘‘on the surface transpor14 tation program’’ and inserting ‘‘under the 

15 transportation mobility program’’; and 

16 (E) in subsection (f) by striking ‘‘exits’’ 

17 and inserting ‘‘exists’’. 

18 (5) SECTION 145.—Section 145(b) of title 23, 

19 United States Code, is amended by striking ‘‘section 

20 117 of this title,’’. 

21 (6) SECTION 322.—Section 322(h)(3) of title 

22 23, United States Code, is amended by striking 

23 ‘‘surface transportation program’’ and inserting ‘‘the 

24 transportation mobility program’’. 


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1 (d) CERTAIN ALLOCATIONS.—Notwithstanding any 

2 other provision of law, any unobligated balances of 

3 amounts required to be allocated to a State by section 

4 1307(d)(1) of the SAFETEA–LU (23 U.S.C. 322 note; 

5 119 Stat. 1217; 122 Stat. 1577) shall instead be made 

6 available to such State for any purpose eligible under sec7 tion 133(c) of title 23, United States Code. 

8 SEC. 1517. RESCISSIONS. 

9 (a) FISCAL YEAR 2012.— 

10 (1) Not later than 30 days after the date of en11 actment of this Act, of the unobligated balances 

12 available under sections 144(f) and 320 of title 23, 

13 United States Code, section 147 of Public Law 95– 

14 599 (23 U.S.C. 144 note; 92 Stat. 2714), section 

15 9(c) of Public Law 97–134 (95 Stat. 1702), section 

16 149 of Public Law 100–17 (101 Stat. 181), sections 

17 1006, 1069, 1103, 1104, 1105, 1106, 1107, 1108, 

18 6005, 6015, and 6023 of Public Law 102–240 (105 

19 Stat. 1914), section 1602 of Public Law 105–178 

20 (112 Stat. 256), sections 1301, 1302, 1702, and 

21 1934 of Public Law 109–59 (119 Stat. 1144), and 

22 of other funds apportioned to each State under 

23 chapter 1 of title 23, United States Code, prior to 

24 the date of enactment of this Act, $2,391,000,000 

25 are permanently rescinded. 


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1 (2) In administering the rescission required 

2 under this subsection, the Secretary shall allow each 

3 State to determine the amount of the required re4 scission to be drawn from the programs to which the 

5 rescission applies. 

6 (b) FISCAL YEAR 2013.— 

7 (1) On October 1, 2012, of the unobligated bal8 ances of funds apportioned or allocated on or before 

9 that date to each State under chapter 1 of title 23, 

10 United States Code, $3,054,000,000 are perma11 nently rescinded. 

12 (2) Notwithstanding section 1132 of the Energy 

13 Independence and Security Act of 2007 (Public Law 

14 110–140; 121 Stat. 1763), in administering the re15 scission required under this subsection, the Sec16 retary shall allow each State to determine the 

17 amount of the required rescission to be drawn from 

18 the programs to which the rescission applies. 

19 SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELEC20 TION. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Secretary shall modify section 635.411 of 

23 title 23, Code of Federal Regulations (as in effect on the 

24 date of enactment of this Act), to ensure that States shall 

25 have the autonomy to determine culvert and storm sewer 


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1 material types to be included in the construction of a 

2 project on a Federal-aid highway. 

3 SEC. 1519. EFFECTIVE AND SIGNIFICANT PERFORMANCE 

4 MEASURES. 

5 (a) LIMITED NUMBER OF PERFORMANCE MEAS6 URES.—In implementing provisions of this Act (including 

7 the amendments made by this Act) and title 23, United 

8 States Code (other than chapter 4 of that title), that au9 thorize the Secretary to develop performance measures, 

10 the Secretary shall limit the number of performance meas11 ures established to the most significant and effective 

12 measures. 

13 (b) DIFFERENT APPROACHES FOR URBAN AND

14 RURAL AREAS.—In the development and implementation 

15 of any performance target, a State may, as appropriate, 

16 provide for different performance targets for urbanized 

17 and rural areas. 

18 SEC. 1520. REQUIREMENTS FOR ELIGIBLE BRIDGE 

19 PROJECTS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) ELIGIBLE BRIDGE PROJECT.—The term 

22 ‘‘eligible bridge project’’ means a project for con23 struction, alteration, or repair work on a bridge or 

24 overpass funded directly by, or provided other assist25 ance through, the Federal Government. 


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1 (2) QUALIFIED TRAINING PROGRAM.—The term 

2 ‘‘qualified training program’’ means a training pro3 gram that— 

4 (A)(i) is certified by the Secretary of 

5 Labor; and 

6 (ii) with respect to an eligible bridge 

7 project located in an area in which the Sec8 retary of Labor determines that a training pro9 gram does not exist, is registered with— 

10 (I) the Department of Labor; or 

11 (II) a State agency recognized by the 

12 Department of Labor for purposes of a 

13 Federal training program; or 

14 (B) is a corrosion control, mitigation and 

15 prevention personnel training program that is 

16 offered by an organization whose standards are 

17 recognized and adopted in other Federal or 

18 State Departments of Transportation. 

19 (3) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Transportation. 

21 (b) ELIGIBILITY REQUIREMENTS.— 

22 (1) IN GENERAL.—Each contractor and subcon23 tractor that carries out any aspect of an eligible 

24 bridge project described in paragraph (2) shall— 


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1 (A) before entering into the applicable con2 tract, be certified by the Secretary or a State, 

3 in accordance with paragraph (4), as meeting 

4 the eligibility requirements described in para5 graph (3); and 

6 (B) remain certified as described in sub7 paragraph (A) while carrying out the applicable 

8 aspect of the eligible bridge project. 

9 (2) DESCRIPTION OF ASPECTS OF ELIGIBLE

10 BRIDGE PROJECTS.—An aspect of an eligible bridge 

11 project referred to in paragraph (1) is— 

12 (A) surface preparation or coating applica13 tion on bridge steel of an eligible bridge project; 

14 (B) removal of a lead-based or other haz15 ardous coating from bridge steel of an existing 

16 eligible bridge project; 

17 (C) shop painting of structural steel fab18 ricated for installation on bridge steel of an eli19 gible bridge project; and 

20 (D) the design, application, installation, 

21 and maintenance of a cathodic protection sys22 tem. 

23 (3) REQUIREMENTS.—The eligibility require24 ments referred to in paragraph (1) are that a con25 tractor or subcontractor shall— 


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1 (A) as determined by the Secretary— 

2 (i) use corrosion mitigation and pre3 vention methods to preserve relevant 

4 bridges and overpasses, taking into ac5 count— 

6 (I) material selection; 

7 (II) coating considerations; 

8 (III) cathodic protection consid9 erations; 

10 (IV) design considerations for 

11 corrosion; and 

12 (V) trained applicators; 

13 (ii) use best practices— 

14 (I) to prevent environmental deg15 radation; and 

16 (II) to ensure careful handling of 

17 all hazardous materials; and 

18 (iii) demonstrate a history of employ19 ing industry-respected inspectors to ensure 

20 funds are used in the interest of affected 

21 taxpayers; and 

22 (B) demonstrate a history of compliance 

23 with applicable requirements of the Occupa24 tional Safety and Health Administration, as de25 termined by the Secretary of Labor. 


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1 (4) STATE CONSULTATION.—In determining 

2 whether to certify a contractor or subcontractor 

3 under paragraph (1)(A), a State shall consult with 

4 engineers and other experts trained in accordance 

5 with subsection (a)(2) specializing in corrosion con6 trol, mitigation, and prevention methods. 

7 (c) OPTIONAL TRAINING PROGRAM.—As a condition 

8 of entering into a contract for an eligible bridge project, 

9 each contractor and subcontractor that performs construc10 tion, alteration, or repair work on a bridge or overpass 

11 for the eligible bridge project may provide, or make avail12 able, training, through a qualified training program, for 

13 each applicable craft or trade classification of employees 

14 that the contractor or subcontractor intends to employ to 

15 carry out aspects of eligible bridge projects as described 

16 in subsection (b)(2). 

17 SEC. 1521. IDLE REDUCTION TECHNOLOGY. 

18 Section 127(a)(12) of title 23, United States Code, 

19 is amended— 

20 (1) in subparagraph (B), by striking ‘‘400’’ and 

21 inserting ‘‘550’’; and 

22 (2) in subparagraph (C)(ii), by striking ‘‘400- 

23 pound’’ and inserting ‘‘550-pound’’. 


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1 SEC. 1522. REPORT ON HIGHWAY TRUST FUND EXPENDI2 TURES. 

3 (a) INITIAL REPORT.—Not later than 150 days after 

4 the date of enactment of this Act, the Comptroller General 

5 of the United States shall submit to Congress a report 

6 describing the activities funded from the Highway Trust 

7 Fund during each of fiscal years 2009 through 2011, in8 cluding for purposes other than construction and mainte9 nance of highways and bridges. 

10 (b) UPDATES.—Not later than 5 years after the date 

11 on which the report is submitted under subsection (a) and 

12 every 5 years thereafter, the Comptroller General of the 

13 United States shall submit to Congress a report that up14 dates the information provided in the report under that 

15 subsection for the applicable 5-year period. 

16 (c) INCLUSIONS.—A report submitted under sub17 section (a) or (b) shall include information similar to the 

18 information included in the report of the Government Ac19 countability Office numbered ‘‘GAO–09–729R’’ and enti20 tled ‘‘Highway Trust Fund Expenditures on Purposes 

21 Other Than Construction and Maintenance of Highways 

22 and Bridges During Fiscal Years 2004–2008’’. 

23 SEC. 1523. EVACUATION ROUTES. 

24 Each State shall give adequate consideration to the 

25 needs of evacuation routes in the State, including such 

26 routes serving or adjacent to facilities operated by the 


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1 Armed Forces, when allocating funds apportioned to the 

2 State under title 23, United States Code, for the construc3 tion of Federal-aid highways. 

4 SEC. 1524. DEFENSE ACCESS ROAD PROGRAM ENHANCE5 MENTS TO ADDRESS TRANSPORTATION IN6 FRASTRUCTURE IN THE VICINITY OF MILI7 TARY INSTALLATIONS. 

8 The second sentence of section 210(a)(2) of title 23, 

9 United States Code, is amended by inserting ‘‘, in con10 sultation with the Secretary of Transportation,’’ before 

11 ‘‘shall determine’’. 

12 SEC. 1525. EXPRESS LANES DEMONSTRATION PROGRAM. 

13 Section 1604(b) of the SAFETEA–LU (23 U.S.C. 

14 129 note; Public Law 109–59) is amended— 

15 (1) in paragraph (1)(A)— 

16 (A) in clause (ii), by inserting ‘‘and’’ after 

17 the semicolon; 

18 (B) by striking clause (iii); and 

19 (C) by redesignating clause (iv) as clause 

20 (iii); and 

21 (2) in paragraph (2), by striking ‘‘2009’’ and 

22 inserting ‘‘2013’’. 

23 SEC. 1526. TREATMENT OF HISTORIC SIGNS. 

24 The Secretary shall, not later than 180 days after 

25 the date of enactment of this Act, initiate a rulemaking 


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1 to exempt locally identified historic street name signs or 

2 replicas of historic signs from complying with all or part 

3 of section 2D.43 of the Manual on Uniform Traffic Con4 trol Devices. 

5 SEC. 1527. CONSOLIDATION OF GRANTS. 

6 (a) DEFINITIONS.—In this section, the term ‘‘recipi7 ent’’ means— 

8 (1) a State, local, or tribal government, includ9 ing— 

10 (A) a territory of the United States; 

11 (B) a transit agency; 

12 (C) a port authority; 

13 (D) a metropolitan planning organization; 

14 or 

15 (E) any other political subdivision of a 

16 State or local government; 

17 (2) a multistate or multijurisdictional group, if 

18 each member of the group is an entity described in 

19 paragraph (1); and 

20 (3) a public-private partnership, if both parties 

21 are engaged in building the project. 

22 (b) CONSOLIDATION.— 

23 (1) IN GENERAL.—A recipient that receives 

24 multiple grant awards from the Department to sup25 port 1 multimodal project may request that the SecVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 retary designate 1 modal administration in the De2 partment to be the lead administering authority for 

3 the overall project. 

4 (2) NEW STARTS.—Any project that includes 

5 funds awarded under section 5309 of title 49, 

6 United States Code, shall be exempt from consolida7 tion under this section unless the grant recipient re8 quests the Federal Transit Administration to be the 

9 lead administering authority. 

10 (3) REVIEW.— 

11 (A) IN GENERAL.—Not later than 30 days 

12 after the date on which a request under para13 graph (1) is made, the Secretary shall review 

14 the request and approve or deny the designation 

15 of a single modal administration as the lead ad16 ministering authority and point of contact for 

17 the Department. 

18 (B) NOTIFICATION.— 

19 (i) IN GENERAL.—The Secretary shall 

20 notify the requestor of the decision of the 

21 Secretary under subparagraph (A) in such 

22 form and at such time as the Secretary 

23 and the requestor agree. 

24 (ii) DENIAL.—If a request is denied, 

25 the Secretary shall provide the requestor 


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1 with a detailed explanation of the rea2 soning of the Secretary with the notifica3 tion under clause (i). 

4 (c) DUTIES.— 

5 (1) IN GENERAL.—A modal administration des6 ignated as a lead administering authority under this 

7 section shall— 

8 (A) be responsible for leading and coordi9 nating the integrated project management 

10 team, which shall consist of all of the other 

11 modal administrations in the Department relat12 ing to the multimodal project; and 

13 (B) to the extent feasible during the first 

14 30 days of carrying out the multimodal project, 

15 identify overlapping or duplicative regulatory 

16 requirements that exist for the project and pro17 pose a single, streamlined approach to meeting 

18 all of the applicable regulatory requirements 

19 through the activities described in subsection 

20 (d). 

21 (2) ADMINISTRATION.— 

22 (A) IN GENERAL.—The Secretary shall 

23 transfer all amounts that have been awarded 

24 for the multimodal project to the modal adminVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 istration designated as the lead administering 

2 authority. 

3 (B) OPTION.— 

4 (i) IN GENERAL.—Participation under 

5 this section shall be optional for recipients, 

6 and no recipient shall be required to par7 ticipate. 

8 (ii) SECRETARIAL DUTIES.—The Sec9 retary is not required to identify every re10 cipient that may be eligible to participate 

11 under this section. 

12 (d) COOPERATION.— 

13 (1) IN GENERAL.—The Secretary and modal 

14 administrations with relevant jurisdiction over a 

15 multimodal project should cooperate on project re16 view and delivery activities at the earliest practicable 

17 time. 

18 (2) PURPOSES.—The purposes of the coopera19 tion under paragraph (1) are— 

20 (A) to avoid delays and duplication of ef21 fort later in the process; 

22 (B) to prevent potential conflicts; and 

23 (C) to ensure that planning and project de24 velopment decisions are made in a streamlined 

25 manner and consistent with applicable law. 


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1 (e) APPLICABILITY.—Nothing in this section shall— 

2 (1) supersede, amend, or modify the National 

3 Environmental Policy Act of 1969 (42 U.S.C. 4321 

4 et seq.) or any other Federal environmental law; or 

5 (2) affect the responsibility of any Federal offi6 cer to comply with or enforce any law described in 

7 paragraph (1). 

8 SEC. 1528. BUY AMERICA PROVISIONS. 

9 Section 313 of title 23, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(g) APPLICATION TO HIGHWAY PROGRAMS.—The 

12 requirements under this section shall apply to all contracts 

13 eligible for assistance under this chapter for a project car14 ried out within the scope of the applicable finding, deter15 mination, or decision under the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless 

17 of the funding source of such contracts, if at least 1 con18 tract for the project is funded with amounts made avail19 able to carry out this title.’’. 

20 SEC. 1529. EXEMPTIONS FROM REQUIREMENTS FOR CER21 TAIN FARM VEHICLES. 

22 (a) FEDERAL REQUIREMENTS.—A covered farm ve23 hicle, including the individual operating that vehicle, shall 

24 be exempt from the following: 


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1 (1) Any requirement relating to commercial 

2 driver’s licenses established under chapter 313 of 

3 title 49, United States Code. 

4 (2) Any requirement relating to medical certifi5 cates established under— 

6 (A) subchapter III of chapter 311 of title 

7 49, United States Code; or 

8 (B) chapter 313 of title 49, United States 

9 Code. 

10 (3) Any requirement relating to hours of service 

11 established under— 

12 (A) subchapter III of chapter 311 of title 

13 49, United States Code; or 

14 (B) chapter 315 of title 49, United States 

15 Code. 

16 (4) Any requirement relating to vehicle inspec17 tion, repair, and maintenance established under— 

18 (A) subchapter III of chapter 311 of title 

19 49, United States Code; or 

20 (B) chapter 315 of title 49, United States 

21 Code. 

22 (b) STATE REQUIREMENTS.— 

23 (1) IN GENERAL.—Federal transportation fund24 ing to a State may not be terminated, limited, or 

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1 empting a covered farm vehicle, including the indi2 vidual operating that vehicle, from any State re3 quirement relating to the operation of that vehicle. 

4 (2) EXCEPTION.—Paragraph (1) does not apply 

5 with respect to a covered farm vehicle transporting 

6 hazardous materials that require a placard. 

7 (3) STATE REQUIREMENTS.—Notwithstanding 

8 section (a) or any other provision of law, a State 

9 may enact and enforce safety requirements related 

10 to covered farm vehicles. 

11 (c) COVERED FARM VEHICLE DEFINED.— 

12 (1) IN GENERAL.—In this section, the term 

13 ‘‘covered farm vehicle’’ means a motor vehicle (in14 cluding an articulated motor vehicle)— 

15 (A) that— 

16 (i) is traveling in the State in which 

17 the vehicle is registered or another State; 

18 (ii) is operated by— 

19 (I) a farm owner or operator; 

20 (II) a ranch owner or operator; 

21 or 

22 (III) an employee or family mem23 ber of an individual specified in sub24 clause (I) or (II); 


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1 (iii) is transporting to or from a farm 

2 or ranch— 

3 (I) agricultural commodities; 

4 (II) livestock; or 

5 (III) machinery or supplies; 

6 (iv) except as provided in paragraph 

7 (2), is not used in the operations of a for8 hire motor carrier; and 

9 (v) is equipped with a special license 

10 plate or other designation by the State in 

11 which the vehicle is registered to allow for 

12 identification of the vehicle as a farm vehi13 cle by law enforcement personnel; and 

14 (B) that has a gross vehicle weight rating 

15 or gross vehicle weight, whichever is greater, 

16 that is— 

17 (i) 26,001 pounds or less; or 

18 (ii) greater than 26,001 pounds and 

19 traveling within the State or within 150 air 

20 miles of the farm or ranch with respect to 

21 which the vehicle is being operated. 

22 (2) INCLUSION.—In this section, the term ‘‘cov23 ered farm vehicle’’ includes a motor vehicle that 

24 meets the requirements of paragraph (1) (other than 

25 paragraph (1)(A)(iv)) and is— 


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1 (A) operated pursuant to a crop share 

2 farm lease agreement; 

3 (B) owned by a tenant with respect to that 

4 agreement; and 

5 (C) transporting the landlord’s portion of 

6 the crops under that agreement. 

7 (d) SAFETY STUDY.—The Secretary shall conduct a 

8 study of the exemption required by section (a) as follows— 

9 (1) Data and analysis of covered farm vehicles 

10 shall include: 

11 (A) the number of vehicles that are oper12 ated subject to each of the regulatory exemp13 tions permitted under section (a); 

14 (B) the number of drivers that operate 

15 covered farm vehicles subject to each of the reg16 ulatory exemptions permitted under section (a); 

17 (C) the number of crashes involving cov18 ered farm vehicles; 

19 (D) the number of occupants and non-oc20 cupants injured in crashes involving covered 

21 farm vehicles; 

22 (E) the number of fatalities of occupants 

23 and non-occupants killed in crashes involving 

24 farm vehicles; 


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1 (F) crash investigations and accident re2 construction investigations of all fatalities in 

3 crashes involving covered farm vehicles; 

4 (G) overall operating mileage of covered 

5 farm vehicles; 

6 (H) numbers of covered farm vehicles that 

7 operate in neighboring states; and 

8 (I) any other data the Secretary deems 

9 necessary to analyze and include. 

10 (2) A listing of state regulations issued and 

11 maintained in each state that are identical to the 

12 federal regulations that are subject to exemption in 

13 section (a). 

14 (3) The Secretary shall report the findings of 

15 the study to the appropriate committees of the Con16 gress not later than 18 months after enactment of 

17 MAP–21. 

18 SEC. 1530. APPALACHIAN DEVELOPMENT HIGHWAY SYS19 TEM. 

20 (a) SENSE OF THE SENATE.—It is the Sense of the 

21 Senate that the timely completion of the Appalachian de22 velopment highway system is a transportation priority in 

23 the national interest. 

24 (b) MODIFIED FEDERAL SHARE FOR PROJECTS ON

25 ADHS.—For fiscal years 2012 through 2021, the Federal 


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1 share payable for the cost of constructing highways and 

2 access roads on the Appalachian development highway sys3 tem under section 14501 of title 40, United States Code, 

4 with funds made available to a State for fiscal year 2012 

5 or a previous fiscal year for the Appalachian development 

6 highway system program, or with funds made available for 

7 fiscal year 2012 or a previous fiscal year for a specific 

8 project, route, or corridor on that system, shall be 95 per9 cent. 

10 (c) FEDERAL SHARE FOR OTHER FUNDS USED ON

11 ADHS.—For fiscal years 2012 through 2021, the Federal 

12 share payable for the cost of constructing highways and 

13 access roads on the Appalachian development highway sys14 tem under section 14501 of title 40, United States Code, 

15 with Federal funds apportioned to a State for a program 

16 other than the Appalachian development highway system 

17 program shall be 95 percent. 

18 (d) COMPLETION PLAN.—Not later than 1 year after 

19 the date of enactment of the MAP–21, each State rep20 resented on the Appalachian Regional Commission shall 

21 establish a plan for the completion of the designated cor22 ridors of the Appalachian development highway system 

23 within the State, including annual performance targets, 

24 with a target completion date. 


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1 SEC. 1531. DENALI COMMISSION. 

2 The Denali Commission Act of 1998 (42 U.S.C. 3121 

3 note) is amended— 

4 (1) in section 305, by striking subsection (c) 

5 and inserting the following: 

6 ‘‘(c) GIFTS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), the Commission, on behalf of the United 

9 States, may accept use, and dispose of gifts or dona10 tions of services, property, or money for purposes of 

11 carrying out this Act. 

12 ‘‘(2) CONDITIONAL.—With respect to condi13 tional gifts— 

14 ‘‘(A)(i) the Commission, on behalf of the 

15 United States, may accept conditional gifts for 

16 purposes of carrying out this Act, if approved 

17 by the Federal Cochairperson; and 

18 ‘‘(ii) the principal of and income from any 

19 such conditional gift shall be held, invested, re20 invested, and used in accordance with the con21 dition applicable to the gift; but 

22 ‘‘(B) no gift shall be accepted that is con23 ditioned on any expenditure not to be funded 

24 from the gift or from the income generated by 

25 the gift unless the expenditure has been ap26 proved by Act of Congress.’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘SEC. 311. TRANSFER OF FUNDS FROM OTHER FEDERAL 

3 AGENCIES. 

4 ‘‘(a) IN GENERAL.—Subject to subsection (c), for 

5 purposes of this Act, the Commission may accept transfers 

6 of funds from other Federal agencies. 

7 ‘‘(b) TRANSFERS.—Any Federal agency authorized to 

8 carry out an activity that is within the authority of the 

9 Commission may transfer to the Commission any appro10 priated funds for the activity. 

11 ‘‘(c) TREATMENT.—Any funds transferred to the 

12 Commission under this subsection— 

13 ‘‘(1) shall remain available until expended; and 

14 ‘‘(2) may, to the extent necessary to carry out 

15 this Act, be transferred to, and merged with, the 

16 amounts made available by appropriations Acts for 

17 the Commission by the Federal Cochairperson.’’. 

18 SEC. 1532. UPDATED CORROSION CONTROL AND PREVEN19 TION REPORT. 

20 Not later than 30 months after the date of enactment 

21 of this Act, the Secretary shall submit to Congress an up22 dated report on the costs and benefits of the prevention 

23 and control of corrosion on the surface transportation in24 frastructure of the United States. 


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1 SEC. 1533. HARBOR MAINTENANCE TRUST FUND. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) there are 926 coastal, Great Lakes, and in4 land harbors maintained by the Corps of Engineers; 

5 (2) according to the Bureau of Transportation 

6 Statistics— 

7 (A) in 2009, the ports and waterways of 

8 the United States handled more than 

9 2,200,000,000 short tons of imports, exports, 

10 and domestic shipments; and 

11 (B) in 2010, United States ports were re12 sponsible for more than $1,400,000,000,000 in 

13 waterborne imports and exports; 

14 (3) according to the Congressional Research 

15 Service, full channel dimensions are, on average, 

available approximately 1 16 ⁄3 of the time at the 59 har17 bors of the United States with the highest use rates; 

18 (4) insufficient maintenance dredging of the 

19 navigation channels of the United States results in 

20 inefficient water transportation and causes harmful 

21 economic consequences; 

22 (5) in 1986, Congress created the Harbor 

23 Maintenance Trust Fund to provide funds for the 

24 operation and maintenance of the navigation chan25 nels of the United States; 


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1 (6) in fiscal year 2012, the Harbor Mainte2 nance Trust Fund is expected to grow from 

3 $6,280,000,000 to $7,011,000,000, an increase of 

4 approximately 13 percent; 

5 (7) despite the growth of the Harbor Mainte6 nance Trust Fund, expenditures from the Fund have 

7 not equaled revenues, and the Fund is not being 

8 fully used for the intended purpose of the Fund; and 

9 (8) inadequate investment in dredging needs is 

10 restricting access to the ports of the United States 

11 for domestic shipping, imports, and exports and 

12 therefore threatening the economic competitiveness 

13 of the United States. 

14 (b) SENSE OF THE SENATE.—It is the sense of the 

15 Senate that— 

16 (1) the Administration should request full use 

17 of the Harbor Maintenance Trust Fund for oper18 ating and maintaining the navigation channels of the 

19 United States; 

20 (2) the amounts in the Harbor Maintenance 

21 Trust Fund should be fully expended to operate and 

22 maintain the navigation channels of the United 

23 States; and 

24 (3) Congress should ensure that other pro25 grams, projects, and activities of the Civil Works 


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1 Program of the Corps of Engineers, especially those 

2 programs, projects, and activities relating to inland 

3 navigation and flood control, are not adversely im4 pacted. 

5 SEC. 1534. ENRICHMENT TECHNOLOGY AND INTELLEC6 TUAL PROPERTY. 

7 (a) In addition to any other transfer authority, the 

8 Secretary may transfer, not earlier than thirty days after 

9 certification to the Committees on Appropriations of the 

10 House of Representatives and the Senate that such trans11 fer is needed for national security reasons, and after Con12 gressional notification and approval of the Committees on 

13 Appropriations of the House of Representatives and the 

14 Senate, up to $150,000,000 made available in prior Ap15 propriations Acts to further the development and dem16 onstration of national security-related enrichment tech17 nologies. No amounts may be transferred under this sec18 tion from amounts that were designated by the Congress 

19 as an emergency requirement pursuant to the Concurrent 

20 Resolution on the Budget or the Balanced Budget and 

21 Emergency Deficit Control Act of 1985, as amended. 

22 (b) The Secretary shall provide, directly or indirectly, 

23 Federal funds, resources, or other benefit for the research, 

24 development, or deployment of domestic enrichment tech25 nology under this section— 


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1 (1) using merit selection procedures; and 

2 (2) only if the Secretary shall execute an agree3 ment with the recipient (or any affiliate, successor, 

4 or assignee) of such funds, resources, or other ben5 efit (hereinafter referred to as the ‘‘recipient’’), 

6 which shall require, at a minimum— 

7 (A) the achievement of specific technical 

8 criteria by the recipient by specific dates no 

9 later than June 30, 2014; 

10 (B) that the recipient shall— 

11 (i) immediately upon execution of the 

12 agreement, grant to the United States for 

13 use by or on behalf of the United States, 

14 through the Secretary, a royalty-free, non15 exclusive license in all enrichment-related 

16 intellectual property and associated tech17 nical data owned, licensed or otherwise 

18 controlled by the recipient as of the date of 

19 enactment of this Act, or thereafter devel20 oped or acquired to meet the requirements 

21 of the agreement; 

22 (ii) amend any existing agreement be23 tween the Secretary and the recipient to 

24 permit the Secretary to practice or permit 

25 third parties on behalf of the Secretary to 


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1 practice intellectual property and associ2 ated technical data related to the award of 

3 funds, resources, or other benefit royalty4 free for government purposes, including 

5 completing or operating enrichment tech6 nologies and using them for national de7 fense purposes, such as providing nuclear 

8 material to operate commercial nuclear 

9 power reactors for tritium production; and 

10 (iii) as soon as practicable, deliver to 

11 the Secretary all technical information and 

12 other documentation in its possession or 

13 control necessary to permit the Secretary 

14 to use and practice all intellectual property 

15 related to domestic enrichment tech16 nologies; and 

17 (C) any other condition or restriction the 

18 Secretary determines is necessary to protect the 

19 interests of the United States. 

20 (c) If the Secretary determines that a recipient has 

21 not achieved the technical criteria under the agreement 

22 pursuant to subsection (b), either by the dates specified 

23 in the original agreement or by June 30, 2014, whichever 

24 is earlier, the recipient shall, as soon as practicable, sur25 render custody, possession and control, or return, as apVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 propriate, any real or personal property owned or leased 

2 by the recipient, to the Secretary in connection with the 

3 deployment of enrichment technology, along with all cap4 ital improvements, equipment, fixtures, appurtenances, 

5 and other improvements thereto, and any further obliga6 tion by the Secretary under any such lease shall terminate. 

7 (d)(1) The limitations in this section shall apply to 

8 funds made available in this Act, prior Appropriations 

9 Acts, and any future Appropriations Acts. 

10 (2) This section shall not apply with regard to 

11 the issuance of any loan guarantee pursuant to sec12 tion 1703 of the Energy Policy Act of 2005 (42 

13 U.S.C. 16513). 

14 (e) For purpose of this section, the term ‘‘Secretary’’ 

15 shall mean the Secretary of the Department of Energy. 

16 SEC. 1535. SENSE OF SENATE CONCERNING EXPEDITIOUS 

17 COMPLETION OF ENVIRONMENTAL REVIEWS, 

18 APPROVALS, LICENSING, AND PERMIT RE19 QUIREMENTS. 

20 It is the sense of the Senate that Federal agencies 

21 should— 

22 (1) ensure that all applicable environmental re23 views, approvals, licensing, and permit requirements 

24 under Federal law are completed on an expeditious 


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1 basis following any disaster or emergency declared 

2 under Federal law, including— 

3 (A) a major disaster declared by the Presi4 dent under section 401 of the Robert T. Staf5 ford Disaster Relief and Emergency Assistance 

6 Act (42 U.S.C. 5170); and 

7 (B) an emergency declared by the Presi8 dent under section 501 of the Robert T. Staf9 ford Disaster Relief and Emergency Assistance 

10 Act (42 U.S.C. 5191); and 

11 (2) use the shortest existing applicable process 

12 under Federal law to complete each review, approval, 

13 licensing, and permit requirement described in para14 graph (1) following a disaster or emergency de15 scribed in that paragraph. 

16 Subtitle F—Gulf Coast Restoration 

17 SEC. 1601. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Resources and 

19 Ecosystems Sustainability, Tourist Opportunities, and Re20 vived Economies of the Gulf Coast States Act of 2012’’. 

21 SEC. 1602. GULF COAST RESTORATION TRUST FUND. 

22 (a) ESTABLISHMENT.—There is established in the 

23 Treasury of the United States a trust fund to be known 

24 as the ‘‘Gulf Coast Restoration Trust Fund’’ (referred to 

25 in this section as the ‘‘Trust Fund’’), consisting of such 


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1 amounts as are deposited in the Trust Fund under this 

2 subtitle or any other provision of law. 

3 (b) TRANSFERS.—The Secretary of the Treasury 

4 shall deposit in the Trust Fund an amount equal to 80 

5 percent of all administrative and civil penalties paid by 

6 responsible parties after the date of enactment of this Act 

7 in connection with the explosion on, and sinking of, the 

8 mobile offshore drilling unit Deepwater Horizon pursuant 

9 to a court order, negotiated settlement, or other instru10 ment in accordance with section 311 of the Federal Water 

11 Pollution Control Act (33 U.S.C. 1321). 

12 (c) EXPENDITURES.—Amounts in the Trust Fund, 

13 including interest earned on advances to the Trust Fund 

14 and proceeds from investment under subsection (d), 

15 shall— 

16 (1) be available for expenditure, without further 

17 appropriation, solely for the purpose and eligible ac18 tivities of this subtitle; and 

19 (2) remain available until expended, without fis20 cal year limitation. 

21 (d) INVESTMENT.—Amounts in the Trust Fund shall 

22 be invested in accordance with section 9702 of title 31, 

23 United States Code, and any interest on, and proceeds 

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1 ture in accordance with this subtitle and the amendments 

2 made by this subtitle. 

3 (e) ADMINISTRATION.—Not later than 180 days after 

4 the date of enactment of this Act, after providing notice 

5 and an opportunity for public comment, the Secretary of 

6 the Treasury, in consultation with the Secretary of the In7 terior and the Secretary of Commerce, shall establish such 

8 procedures as the Secretary determines to be necessary 

9 to deposit amounts in, and expend amounts from, the 

10 Trust Fund pursuant to this subtitle, including— 

11 (1) procedures to assess whether the programs 

12 and activities carried out under this subtitle and the 

13 amendments made by this subtitle achieve compli14 ance with applicable requirements, including proce15 dures by which the Secretary of the Treasury may 

16 determine whether an expenditure by a Gulf Coast 

17 State or coastal political subdivision (as those terms 

18 are defined in section 311 of the Federal Water Pol19 lution Control Act (33 U.S.C. 1321)) pursuant to 

20 such a program or activity achieves compliance; 

21 (2) auditing requirements to ensure that 

22 amounts in the Trust Fund are expended as in23 tended; and 

24 (3) procedures for identification and allocation 

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1 visions of law that may be necessary to pay the ad2 ministrative expenses directly attributable to the 

3 management of the Trust Fund. 

4 SEC. 1603. GULF COAST NATURAL RESOURCES RESTORA5 TION AND ECONOMIC RECOVERY. 

6 Section 311 of the Federal Water Pollution Control 

7 Act (33 U.S.C. 1321) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (25)(B), by striking 

10 ‘‘and’’ at the end; 

11 (B) in paragraph (26)(D), by striking the 

12 period at the end and inserting a semicolon; 

13 and 

14 (C) by adding at the end the following: 

15 ‘‘(27) the term ‘Chairperson’ means the Chair16 person of the Council; 

17 ‘‘(28) the term ‘coastal political subdivision’ 

18 means any local political jurisdiction that is imme19 diately below the State level of government, includ20 ing a county, parish, or borough, with a coastline 

21 that is contiguous with any portion of the United 

22 States Gulf of Mexico; 

23 ‘‘(29) the term ‘Comprehensive Plan’ means the 

24 comprehensive plan developed by the Council pursu25 ant to subsection (t); 


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1 ‘‘(30) the term ‘Council’ means the Gulf Coast 

2 Ecosystem Restoration Council established pursuant 

3 to subsection (t); 

4 ‘‘(31) the term ‘Deepwater Horizon oil spill’ 

5 means the blowout and explosion of the mobile off6 shore drilling unit Deepwater Horizon that occurred 

7 on April 20, 2010, and resulting hydrocarbon re8 leases into the environment; 

9 ‘‘(32) the term ‘Gulf Coast ecosystem’ means— 

10 ‘‘(A) in the Gulf Coast States, the coastal 

11 zones (as that term is defined in section 304 of 

12 the Coastal Zone Management Act of 1972 (16 

13 U.S.C. 1453), except that, in this section, the 

14 term ‘coastal zones’ includes land within the 

15 coastal zones that is held in trust by, or the use 

16 of which is by law subject solely to the discre17 tion of, the Federal Government or officers or 

18 agents of the Federal Government) that border 

19 the Gulf of Mexico; 

20 ‘‘(B) any adjacent land, water, and water21 sheds, that are within 25 miles of the coastal 

22 zones described in subparagraph (A) of the Gulf 

23 Coast States; and 

24 ‘‘(C) all Federal waters in the Gulf of Mex25 ico; 


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1 ‘‘(33) the term ‘Gulf Coast State’ means any of 

2 the States of Alabama, Florida, Louisiana, Mis3 sissippi, and Texas; and 

4 ‘‘(34) the term ‘Trust Fund’ means the Gulf 

5 Coast Restoration Trust Fund established pursuant 

6 to section 1602 of the Resources and Ecosystems 

7 Sustainability, Tourist Opportunities, and Revived 

8 Economies of the Gulf Coast States Act of 2012.’’; 

9 (2) in subsection (s), by inserting ‘‘except as 

10 provided in subsection (t)’’ before the period at the 

11 end; and 

12 (3) by adding at the end the following: 

13 ‘‘(t) GULF COAST RESTORATION AND RECOVERY.— 

14 ‘‘(1) STATE ALLOCATION AND EXPENDI15 TURES.— 

16 ‘‘(A) IN GENERAL.—Of the total amounts 

17 made available in any fiscal year from the 

18 Trust Fund, 35 percent shall be available, in 

19 accordance with the requirements of this sec20 tion, to the Gulf Coast States in equal shares 

21 for expenditure for ecological and economic res22 toration of the Gulf Coast ecosystem in accord23 ance with this subsection. 

24 ‘‘(B) USE OF FUNDS.— 


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1 ‘‘(i) ELIGIBLE ACTIVITIES.—Amounts 

2 provided to the Gulf States under this sub3 section may only be used to carry out 1 or 

4 more of the following activities: 

5 ‘‘(I) Coastal restoration projects 

6 and activities, including conservation 

7 and coastal land acquisition. 

8 ‘‘(II) Mitigation of damage to, 

9 and restoration of, fish, wildlife, or 

10 natural resources. 

11 ‘‘(III) Implementation of a feder12 ally approved marine, coastal, or com13 prehensive conservation management 

14 plan, including fisheries monitoring. 

15 ‘‘(IV) Programs to promote tour16 ism in a Gulf Coast State, including 

17 recreational fishing. 

18 ‘‘(V) Programs to promote the 

19 consumption of seafood produced from 

20 the Gulf Coast ecosystem. 

21 ‘‘(VI) Programs to promote edu22 cation regarding the natural resources 

23 of the Gulf Coast ecosystem. 

24 ‘‘(VII) Planning assistance. 


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1 ‘‘(VIII) Workforce development 

2 and job creation. 

3 ‘‘(IX) Improvements to or upon 

4 State parks located in coastal areas 

5 affected by the Deepwater Horizon oil 

6 spill. 

7 ‘‘(X) Mitigation of the ecological 

8 and economic impact of outer Conti9 nental Shelf activities and the impacts 

10 of the Deepwater Horizon oil spill or 

11 promotion of the long-term ecological 

12 or economic recovery of the Gulf 

13 Coast ecosystem through the funding 

14 of infrastructure projects. 

15 ‘‘(XI) Coastal flood protection 

16 and infrastructure directly affected by 

17 coastal wetland losses, beach erosion, 

18 or the impacts of the Deepwater Hori19 zon oil spill. 

20 ‘‘(XII) Administrative costs of 

21 complying with this subsection. 

22 ‘‘(ii) LIMITATION.— 

23 ‘‘(I) IN GENERAL.—Of the 

24 amounts received by a Gulf State 

25 under this subsection not more than 3 


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1 percent may be used for administra2 tive costs eligible under clause 

3 (i)(XII). 

4 ‘‘(II) PROHIBITION ON USE FOR

5 IMPORTED SEAFOOD.—None of the 

6 funds made available under this sub7 section shall be used for any program 

8 to support or promote imported sea9 food or any seafood product that is 

10 not harvested from the Gulf Coast 

11 ecosystem. 

12 ‘‘(C) COASTAL POLITICAL SUBDIVISIONS.— 

13 ‘‘(i) IN GENERAL.—In the case of a 

14 State where the coastal zone includes the 

15 entire State— 

16 ‘‘(I) 75 percent of funding shall 

17 be provided to the 8 disproportionally 

18 affected counties impacted by the 

19 Deepwater Horizon Oil Spill; and 

20 ‘‘(II) 25 percent shall be provided 

21 to nondisproportionately impacted 

22 counties within the State. 

23 ‘‘(ii) FLORIDA.— 

24 ‘‘(I) DISPROPORTIONALLY AF25 FECTED COUNTIES.—Of the total 


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1 amounts made available to counties in 

2 the State of Florida under clause 

3 (i)(I)— 

4 ‘‘(aa) 10 percent shall be 

5 distributed equally among the 8 

6 disproportionately affected coun7 ties; and 

8 ‘‘(bb) 90 percent shall be 

9 distributed to the 8 dispropor10 tionately affected counties in ac11 cordance with the following 

12 weighted formula: 

13 ‘‘(AA) 30 percent based 

14 on the weighted average of 

15 the county shoreline oiled. 

16 ‘‘(BB) 30 percent based 

17 on the weighted average of 

18 the county per capita sales 

19 tax collections estimated for 

20 the fiscal year ending Sep21 tember 30, 2012. 

22 ‘‘(CC) 20 percent based 

23 on the weighted average of 

24 the population of the county. 


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1 ‘‘(DD) 20 percent 

2 based on the inverse propor3 tion of the weighted average 

4 distance from the Deepwater 

5 Horizon oil rig to each of 

6 the nearest and farthest 

7 points of the shoreline. 

8 ‘‘(II) NONDISPROPORTIONATELY

9 IMPACTED COUNTIES.—The total 

10 amounts made available to coastal po11 litical subdivisions in the State of 

12 Florida under clause (i)(II) shall be 

13 distributed according to the following 

14 weighted formula: 

15 ‘‘(aa) 34 percent based on 

16 the weighted average of the pop17 ulation of the county. 

18 ‘‘(bb) 33 percent based on 

19 the weighted average of the coun20 ty per capita sales tax collections 

21 estimated for the fiscal year end22 ing September 30, 2012. 

23 ‘‘(cc) 33 percent based on 

24 the inverse proportion of the 

25 weighted average distance from 


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1 the Deepwater Horizon oil rig to 

2 each of the nearest and farthest 

3 points of the shoreline. 

4 ‘‘(iii) LOUISIANA.—Of the total 

5 amounts made available to the State of 

6 Louisiana under this paragraph: 

7 ‘‘(I) 70 percent shall be provided 

8 directly to the State in accordance 

9 with this subsection. 

10 ‘‘(II) 30 percent shall be provided 

11 directly to parishes in the coastal zone 

12 (as defined in section 304 of the 

13 Coastal Zone Management Act of 

14 1972 (16 U.S.C. 1453)) of the State 

15 of Louisiana according to the fol16 lowing weighted formula: 

17 ‘‘(aa) 40 percent based on 

18 the weighted average of miles of 

19 the parish shoreline oiled. 

20 ‘‘(bb) 40 percent based on 

21 the weighted average of the pop22 ulation of the parish. 

23 ‘‘(cc) 20 percent based on 

24 the weighted average of the land 

25 mass of the parish. 


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1 ‘‘(iv) CONDITIONS.— 

2 ‘‘(I) LAND USE PLAN.—As a con3 dition of receiving amounts allocated 

4 under clause (iii), the chief executive 

5 of the eligible parish shall certify to 

6 the Governor of the State that the 

7 parish has completed a comprehensive 

8 land use plan. 

9 ‘‘(II) OTHER CONDITIONS.—A 

10 coastal political subdivision receiving 

11 funding under this subsection shall 

12 meet all of the conditions in subpara13 graph (D). 

14 ‘‘(D) CONDITIONS.—As a condition of re15 ceiving amounts from the Trust Fund, a Gulf 

16 Coast State, including the entities described in 

17 subparagraph (E), or a coastal political subdivi18 sion shall— 

19 ‘‘(i) agree to meet such conditions, in20 cluding audit requirements, as the Sec21 retary of the Treasury determines nec22 essary to ensure that amounts disbursed 

23 from the Trust Fund will be used in ac24 cordance with this subsection; 


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1 ‘‘(ii) certify in such form and in such 

2 manner as the Secretary of the Treasury 

3 determines necessary that the project or 

4 program for which the Gulf Coast State or 

5 coastal political subdivision is requesting 

6 amounts— 

7 ‘‘(I) is designed to restore and 

8 protect the natural resources, eco9 systems, fisheries, marine and wildlife 

10 habitats, beaches, coastal wetlands, or 

11 economy of the Gulf Coast; 

12 ‘‘(II) carries out 1 or more of the 

13 activities described in subparagraph 

14 (B)(i); 

15 ‘‘(III) was selected based on 

16 meaningful input from the public, in17 cluding broad-based participation 

18 from individuals, businesses, and non19 profit organizations; and 

20 ‘‘(IV) in the case of a natural re21 source protection or restoration 

22 project, is based on the best available 

23 science; 

24 ‘‘(iii) certify that the project or pro25 gram and the awarding of a contract for 


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1 the expenditure of amounts received under 

2 this subsection are consistent with the 

3 standard procurement rules and regula4 tions governing a comparable project or 

5 program in that State, including all appli6 cable competitive bidding and audit re7 quirements; and 

8 ‘‘(iv) develop and submit a multiyear 

9 implementation plan for use of those 

10 funds. 

11 ‘‘(E) APPROVAL BY STATE ENTITY, TASK

12 FORCE, OR AGENCY.—The following Gulf Coast 

13 State entities, task forces, or agencies shall 

14 carry out the duties of a Gulf Coast State pur15 suant to this paragraph: 

16 ‘‘(i) ALABAMA.— 

17 ‘‘(I) IN GENERAL.—In the State 

18 of Alabama, the Alabama Gulf Coast 

19 Recovery Council, which shall be com20 prised of only the following: 

21 ‘‘(aa) The Governor of Ala22 bama, who shall also serve as 

23 Chairperson and preside over the 

24 meetings of the Alabama Gulf 

25 Coast Recovery Council. 


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1 ‘‘(bb) The Director of the 

2 Alabama State Port Authority, 

3 who shall also serve as Vice 

4 Chairperson and preside over the 

5 meetings of the Alabama Gulf 

6 Coast Recovery Council in the 

7 absence of the Chairperson. 

8 ‘‘(cc) The Chairman of the 

9 Baldwin County Commission. 

10 ‘‘(dd) The President of the 

11 Mobile County Commission. 

12 ‘‘(ee) The Mayor of the city 

13 of Bayou La Batre. 

14 ‘‘(ff) The Mayor of the town 

15 of Dauphin Island. 

16 ‘‘(gg) The Mayor of the city 

17 of Fairhope. 

18 ‘‘(hh) The Mayor of the city 

19 of Gulf Shores. 

20 ‘‘(ii) The Mayor of the city 

21 of Mobile. 

22 ‘‘(jj) The Mayor of the city 

23 of Orange Beach. 


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1 ‘‘(II) VOTE.—Each member of 

2 the Alabama Gulf Coast Recovery 

3 Council shall be entitled to 1 vote. 

4 ‘‘(III) MAJORITY VOTE.—All de5 cisions of the Alabama Gulf Coast Re6 covery Council shall be made by ma7 jority vote. 

8 ‘‘(ii) LOUISIANA.—In the State of 

9 Louisiana, the Coastal Protection and Res10 toration Authority of Louisiana. 

11 ‘‘(iii) MISSISSIPPI.—In the State of 

12 Mississippi, the Mississippi Department of 

13 Environmental Quality. 

14 ‘‘(F) COMPLIANCE WITH ELIGIBLE ACTIVI15 TIES.—If the Secretary of the Treasury deter16 mines that an expenditure by a Gulf Coast 

17 State or coastal political subdivision of amounts 

18 made available under this subsection does not 

19 meet 1 of the activities described in subpara20 graph (B)(i), the Secretary shall make no addi21 tional amounts from the Trust Fund available 

22 to that Gulf Coast State or coastal political 

23 subdivision until such time as an amount equal 

24 to the amount expended for the unauthorized 

25 use— 


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1 ‘‘(i) has been deposited by the Gulf 

2 Coast State or coastal political subdivision 

3 in the Trust Fund; or 

4 ‘‘(ii) has been authorized by the Sec5 retary of the Treasury for expenditure by 

6 the Gulf Coast State or coastal political 

7 subdivision for a project or program that 

8 meets the requirements of this subsection. 

9 ‘‘(G) COMPLIANCE WITH CONDITIONS.—If 

10 the Secretary of the Treasury determines that 

11 a Gulf Coast State or coastal political subdivi12 sion does not meet the requirements of this 

13 subsection, including the conditions of subpara14 graph (D), where applicable, the Secretary of 

15 the Treasury shall make no amounts from the 

16 Trust Fund available to that Gulf Coast State 

17 or coastal political subdivision until all condi18 tions of this subsection are met. 

19 ‘‘(H) PUBLIC INPUT.—In meeting any con20 dition of this subsection, a Gulf Coast State 

21 may use an appropriate procedure for public 

22 consultation in that Gulf Coast State, including 

23 consulting with 1 or more established task 

24 forces or other entities, to develop recommenda25 tions for proposed projects and programs that 


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1 would restore and protect the natural resources, 

2 ecosystems, fisheries, marine and wildlife habi3 tats, beaches, coastal wetlands, and economy of 

4 the Gulf Coast. 

5 ‘‘(I) PREVIOUSLY APPROVED PROJECTS

6 AND PROGRAMS.—A Gulf Coast State or coastal 

7 political subdivision shall be considered to have 

8 met the conditions of subparagraph (D) for a 

9 specific project or program if, before the date of 

10 enactment of the Resources and Ecosystems 

11 Sustainability, Tourist Opportunities, and Re12 vived Economies of the Gulf Coast States Act 

13 of 2012— 

14 ‘‘(i) the Gulf Coast State or coastal 

15 political subdivision has established condi16 tions for carrying out projects and pro17 grams that are substantively the same as 

18 the conditions described in subparagraph 

19 (D); and 

20 ‘‘(ii) the applicable project or program 

21 carries out 1 or more of the activities de22 scribed in subparagraph (B)(ii). 

23 ‘‘(J) CONSULTATION WITH COUNCIL.—In 

24 carrying out this subsection, each Gulf Coast 

25 State shall seek the input of the Chairperson of 


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1 the Council to identify large-scale projects that 

2 may be jointly supported by that Gulf Coast 

3 State and by the Council pursuant to the Com4 prehensive Plan with amounts provided under 

5 this subsection. 

6 ‘‘(K) NON-FEDERAL MATCHING FUNDS.— 

7 ‘‘(i) IN GENERAL.—A Gulf Coast 

8 State or coastal political subdivision may 

9 use, in whole or in part, amounts made 

10 available to that Gulf Coast State from the 

11 Trust Fund to satisfy the non-Federal 

12 share of the cost of any project or program 

13 authorized by Federal law that meets the 

14 eligible use requirements under subpara15 graph (B)(i). 

16 ‘‘(ii) EFFECT ON OTHER FUNDS.— 

17 The use of funds made available from the 

18 Trust Fund to satisfy the non-Federal 

19 share of the cost of a project or program 

20 that meets the requirements of clause (i) 

21 shall not affect the priority in which other 

22 Federal funds are allocated or awarded. 

23 ‘‘(L) LOCAL PREFERENCE.—In awarding 

24 contracts to carry out a project or program 

25 under this subsection, a Gulf Coast State or 


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1 coastal political subdivision may give a pref2 erence to individuals and companies that reside 

3 in, are headquartered in, or are principally en4 gaged in business in, a Gulf Coast State. 

5 ‘‘(M) UNUSED FUNDS.—Any Funds not 

6 identified in an implementation plan by a State 

7 or coastal political subdivision in accordance 

8 with subparagraph (D)(iv) shall remain in the 

9 Trust Fund until such time as the State or 

10 coastal political subdivision to which the funds 

11 have been allocated develops and submits a plan 

12 identifying uses for those funds in accordance 

13 with subparagraph (D)(iv). 

14 ‘‘(N) JUDICIAL REVIEW.—If the Secretary 

15 of the Treasury determines that a Gulf Coast 

16 State or coastal political subdivision does not 

17 meet the requirements of this subsection, in18 cluding the conditions of subparagraph (D), the 

19 Gulf Coast State or coastal political subdivision 

20 may obtain expedited judicial review within 90 

21 days of that decision in a district court of the 

22 United States, of appropriate jurisdiction and 

23 venue, that is located within the State seeking 

24 such review. 


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1 ‘‘(2) COUNCIL ESTABLISHMENT AND ALLOCA2 TION.— 

3 ‘‘(A) IN GENERAL.—Of the total amount 

4 made available in any fiscal year from the 

5 Trust Fund, 60 percent shall be disbursed to 

6 the Council to carry out the Comprehensive 

7 Plan. 

8 ‘‘(B) COUNCIL EXPENDITURES.— 

9 ‘‘(i) IN GENERAL.—In accordance 

10 with this paragraph, the Council shall ex11 pend funds made available from the Trust 

12 Fund to undertake projects and programs 

13 that would restore and protect the natural 

14 resources, ecosystems, fisheries, marine 

15 and wildlife habitats, beaches, coastal wet16 lands, and economy of the Gulf Coast. 

17 ‘‘(ii) ALLOCATION AND EXPENDITURE

18 PROCEDURES.—The Secretary of the 

19 Treasury shall develop such conditions, in20 cluding audit requirements, as the Sec21 retary of the Treasury determines nec22 essary to ensure that amounts disbursed 

23 from the Trust Fund to the Council to im24 plement the Comprehensive Plan will be 

25 used in accordance with this paragraph. 


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1 ‘‘(iii) ADMINISTRATIVE EXPENSES.— 

2 Of the amounts received by the Council 

3 under this subsection, not more than 3 

4 percent may be used for administrative ex5 penses, including staff. 

6 ‘‘(C) GULF COAST ECOSYSTEM RESTORA7 TION COUNCIL.— 

8 ‘‘(i) ESTABLISHMENT.—There is es9 tablished as an independent entity in the 

10 Federal Government a council to be known 

11 as the ‘Gulf Coast Ecosystem Restoration 

12 Council’. 

13 ‘‘(ii) MEMBERSHIP.—The Council 

14 shall consist of the following members, or 

15 in the case of a Federal agency, a designee 

16 at the level of the Assistant Secretary or 

17 the equivalent: 

18 ‘‘(I) The Chair of the Council on 

19 Environmental Quality. 

20 ‘‘(II) The Secretary of the Inte21 rior. 

22 ‘‘(III) The Secretary of the 

23 Army. 

24 ‘‘(IV) The Secretary of Com25 merce. 


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1 ‘‘(V) The Administrator of the 

2 Environmental Protection Agency. 

3 ‘‘(VI) The Secretary of Agri4 culture. 

5 ‘‘(VII) The head of the depart6 ment in which the Coast Guard is op7 erating. 

8 ‘‘(VIII) The Governor of the 

9 State of Alabama. 

10 ‘‘(IX) The Governor of the State 

11 of Florida. 

12 ‘‘(X) The Governor of the State 

13 of Louisiana. 

14 ‘‘(XI) The Governor of the State 

15 of Mississippi. 

16 ‘‘(XII) The Governor of the State 

17 of Texas. 

18 ‘‘(iii) ALTERNATE.—A Governor ap19 pointed to the Council by the President 

20 may designate an alternate to represent 

21 the Governor on the Council and vote on 

22 behalf of the Governor. 

23 ‘‘(iv) CHAIRPERSON.—From among 

24 the Federal agency members of the Coun25 cil, the representatives of States on the 


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1 Council shall select, and the President 

2 shall appoint, 1 Federal member to serve 

3 as Chairperson of the Council. 

4 ‘‘(v) PRESIDENTIAL APPOINTMENT.— 

5 All Council members shall be appointed by 

6 the President. 

7 ‘‘(vi) COUNCIL ACTIONS.— 

8 ‘‘(I) IN GENERAL.—Subject to 

9 subclause (IV), significant actions by 

10 the Council shall require the affirma11 tive vote of the Federal Chairperson 

12 and a majority of the State members 

13 to be effective. 

14 ‘‘(II) INCLUSIONS.—Significant 

15 actions include but are not limited 

16 to— 

17 ‘‘(aa) approval of a Com18 prehensive Plan and future revi19 sions to a Comprehensive Plan; 

20 ‘‘(bb) approval of State 

21 plans pursuant to paragraph 

22 (3)(B)(iv); and 

23 ‘‘(cc) approval of reports to 

24 Congress pursuant to clause 

25 (vii)(X). 


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1 ‘‘(III) QUORUM.—A quorum of 

2 State members shall be required to be 

3 present for the Council to take any 

4 significant action. 

5 ‘‘(IV) AFFIRMATIVE VOTE RE6 QUIREMENT DEEMED MET.—For ap7 proval of State plans pursuant to 

8 paragraph (3)(B)(iv), the certification 

9 by a State member of the Council that 

10 the plan satisfies all requirements of 

11 clauses (i) and (ii) of paragraphs 

12 (3)(B), when joined by an affirmative 

13 vote of the Federal Chairperson of the 

14 Council, is deemed to satisfy the re15 quirements for affirmative votes under 

16 subclause (I). 

17 ‘‘(V) PUBLIC TRANSPARENCY.— 

18 Appropriate actions of the Council, in19 cluding votes on significant actions 

20 and associated deliberations, shall be 

21 made available to the public. 

22 ‘‘(vii) DUTIES OF COUNCIL.—The 

23 Council shall— 


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1 ‘‘(I) develop the Comprehensive 

2 Plan, and future revisions to the Com3 prehensive Plan; 

4 ‘‘(II) identify as soon as prac5 ticable the projects that— 

6 ‘‘(aa) have been authorized 

7 prior to the date of enactment of 

8 this subsection but not yet com9 menced; and 

10 ‘‘(bb) if implemented quick11 ly, would restore and protect the 

12 natural resources, ecosystems, 

13 fisheries, marine and wildlife 

14 habitats, beaches, barrier islands, 

15 dunes, and coastal wetlands of 

16 the Gulf Coast ecosystem; 

17 ‘‘(III) coordinate the development 

18 of consistent policies, strategies, 

19 plans, and activities by Federal agen20 cies, State and local governments, and 

21 private sector entities for addressing 

22 the restoration and protection of the 

23 Gulf Coast ecosystem; 

24 ‘‘(IV) establish such other advi25 sory committee or committees as may 


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1 be necessary to assist the Council, in2 cluding a scientific advisory committee 

3 and a committee to advise the Council 

4 on public policy issues; 

5 ‘‘(V) coordinate scientific and 

6 other research associated with restora7 tion of the Gulf Coast ecosystem, in8 cluding research, observation, and 

9 monitoring carried out pursuant to 

10 section 1604 of the Resources and 

11 Ecosystems Sustainability, Tourist 

12 Opportunities, and Revived Economies 

13 of the Gulf Coast States Act of 2012; 

14 ‘‘(VI) seek to ensure that all poli15 cies, strategies, plans, and activities 

16 for addressing the restoration of the 

17 Gulf Coast ecosystem are based on 

18 the best available physical, ecological, 

19 and economic data; 

20 ‘‘(VII) make recommendations to 

21 address the particular needs of espe22 cially economically and socially vulner23 able populations; 

24 ‘‘(VIII) develop standard terms 

25 to include in contracts for projects 


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1 and programs awarded pursuant to 

2 the Comprehensive Plan that provide 

3 a preference to individuals and com4 panies that reside in, are 

5 headquartered in, or are principally 

6 engaged in business in, a Gulf Coast 

7 State; 

8 ‘‘(IX) prepare an integrated fi9 nancial plan and recommendations for 

10 coordinated budget requests for the 

11 amounts proposed to be expended by 

12 the Federal agencies represented on 

13 the Council for projects and programs 

14 in the Gulf Coast States; 

15 ‘‘(X) submit to Congress an an16 nual report that— 

17 ‘‘(aa) summarizes the poli18 cies, strategies, plans, and activi19 ties for addressing the restora20 tion and protection of the Gulf 

21 Coast ecosystem; 

22 ‘‘(bb) describes the projects 

23 and programs being implemented 

24 to restore and protect the Gulf 

25 Coast ecosystem; and 


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1 ‘‘(cc) makes such rec2 ommendations to Congress for 

3 modifications of existing laws as 

4 the Council determines necessary 

5 to implement the Comprehensive 

6 Plan; and 

7 ‘‘(XI) submit to Congress a final 

8 report on the date on which all funds 

9 made available to the Council are ex10 pended. 

11 ‘‘(viii) APPLICATION OF FEDERAL AD12 VISORY COMMITTEE ACT.—The Council, or 

13 any other advisory committee established 

14 under this subsection, shall not be consid15 ered an advisory committee under the Fed16 eral Advisory Committee Act (5 U.S.C. 

17 App.). 

18 ‘‘(D) COMPREHENSIVE PLAN.— 

19 ‘‘(i) PROPOSED PLAN.— 

20 ‘‘(I) IN GENERAL.—Not later 

21 than 180 days after the date of enact22 ment of the Resources and Eco23 systems Sustainability, Tourist Op24 portunities, and Revived Economies of 

25 the Gulf Coast States Act of 2012, 


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1 the Chairperson, on behalf of the 

2 Council, shall publish a proposed plan 

3 to restore and protect the natural re4 sources, ecosystems, fisheries, marine 

5 and wildlife habitats, beaches, and 

6 coastal wetlands of the Gulf Coast 

7 ecosystem. 

8 ‘‘(II) CONTENTS.—The proposed 

9 plan described in subclause (I) shall 

10 include and incorporate the findings 

11 and information prepared by the 

12 President’s Gulf Coast Restoration 

13 Task Force. 

14 ‘‘(ii) PUBLICATION.— 

15 ‘‘(I) INITIAL PLAN.—Not later 

16 than 1 year after date of enactment of 

17 the Resources and Ecosystems Sus18 tainability, Tourist Opportunities, and 

19 Revived Economies of the Gulf Coast 

20 States Act of 2012 and after notice 

21 and opportunity for public comment, 

22 the Chairperson, on behalf of the 

23 Council and after approval by the 

24 Council, shall publish in the Federal 

25 Register the initial Comprehensive 


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1 Plan to restore and protect the nat2 ural resources, ecosystems, fisheries, 

3 marine and wildlife habitats, beaches, 

4 and coastal wetlands of the Gulf 

5 Coast ecosystem. 

6 ‘‘(II) COOPERATION WITH GULF

7 COAST RESTORATION TASK FORCE.— 

8 The Council shall develop the initial 

9 Comprehensive Plan in close coordina10 tion with the President’s Gulf Coast 

11 Restoration Task Force. 

12 ‘‘(III) CONSIDERATIONS.—In de13 veloping the initial Comprehensive 

14 Plan and subsequent updates, the 

15 Council shall consider all relevant 

16 findings, reports, or research prepared 

17 or funded by a center of excellence or 

18 the Gulf Fisheries and Ecosystem En19 dowment established pursuant to the 

20 Gulf Coast Ecosystem Restoration 

21 Science, Monitoring, and Technology 

22 Program under section 1604 of the 

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1 vived Economies of the Gulf Coast 

2 States Act of 2012. 

3 ‘‘(IV) CONTENTS.—The initial 

4 Comprehensive Plan shall include— 

5 ‘‘(aa) such provisions as are 

6 necessary to fully incorporate in 

7 the Comprehensive Plan the 

8 strategy, projects, and programs 

9 recommended by the President’s 

10 Gulf Coast Restoration Task 

11 Force; 

12 ‘‘(bb) a list of any project or 

13 program authorized prior to the 

14 date of enactment of this sub15 section but not yet commenced, 

16 the completion of which would 

17 further the purposes and goals of 

18 this subsection and of the Re19 sources and Ecosystems Sustain20 ability, Tourist Opportunities, 

21 and Revived Economies of the 

22 Gulf Coast States Act of 2012; 

23 ‘‘(cc) a description of the 

24 manner in which amounts from 

25 the Trust Fund projected to be 


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1 made available to the Council for 

2 the succeeding 10 years will be 

3 allocated; and 

4 ‘‘(dd) subject to available 

5 funding in accordance with clause 

6 (iii), a prioritized list of specific 

7 projects and programs to be 

8 funded and carried out during 

9 the 3-year period immediately 

10 following the date of publication 

11 of the initial Comprehensive 

12 Plan, including a table that illus13 trates the distribution of projects 

14 and programs by Gulf Coast 

15 State. 

16 ‘‘(V) PLAN UPDATES.—The 

17 Council shall update— 

18 ‘‘(aa) the Comprehensive 

19 Plan every 5 years in a manner 

20 comparable to the manner estab21 lished in this subsection for each 

22 5-year period for which amounts 

23 are expected to be made available 

24 to the Gulf Coast States from the 

25 Trust Fund; and 


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1 ‘‘(bb) the 3-year list of 

2 projects and programs described 

3 in subclause (IV)(dd) annually. 

4 ‘‘(iii) RESTORATION PRIORITIES.—Ex5 cept for projects and programs described 

6 in subclause (IV)(bb), in selecting projects 

7 and programs to include on the 3-year list 

8 described in subclause (IV)(dd), based on 

9 the best available science, the Council shall 

10 give highest priority to projects that ad11 dress 1 or more of the following criteria: 

12 ‘‘(I) Projects that are projected 

13 to make the greatest contribution to 

14 restoring and protecting the natural 

15 resources, ecosystems, fisheries, ma16 rine and wildlife habitats, beaches, 

17 and coastal wetlands of the Gulf 

18 Coast ecosystem, without regard to 

19 geographic location. 

20 ‘‘(II) Large-scale projects and 

21 programs that are projected to sub22 stantially contribute to restoring and 

23 protecting the natural resources, eco24 systems, fisheries, marine and wildlife 


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1 habitats, beaches, and coastal wet2 lands of the Gulf Coast ecosystem. 

3 ‘‘(III) Projects contained in exist4 ing Gulf Coast State comprehensive 

5 plans for the restoration and protec6 tion of natural resources, ecosystems, 

7 fisheries, marine and wildlife habitats, 

8 beaches, and coastal wetlands of the 

9 Gulf Coast ecosystem. 

10 ‘‘(IV) Projects that restore long11 term resiliency of the natural re12 sources, ecosystems, fisheries, marine 

13 and wildlife habitats, beaches, and 

14 coastal wetlands most impacted by the 

15 Deepwater Horizon oil spill. 

16 ‘‘(E) IMPLEMENTATION.— 

17 ‘‘(i) IN GENERAL.—The Council, act18 ing through the member agencies and Gulf 

19 Coast States, shall expend funds made 

20 available from the Trust Fund to carry out 

21 projects and programs adopted in the 

22 Comprehensive Plan. 

23 ‘‘(ii) ADMINISTRATIVE RESPONSI24 BILITY.— 


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1 ‘‘(I) IN GENERAL.—Primary au2 thority and responsibility for each 

3 project and program included in the 

4 Comprehensive Plan shall be assigned 

5 by the Council to a Gulf Coast State 

6 represented on the Council or a Fed7 eral agency. 

8 ‘‘(II) TRANSFER OF AMOUNTS.— 

9 Amounts necessary to carry out each 

10 project or program included in the 

11 Comprehensive Plan shall be trans12 ferred by the Secretary of the Treas13 ury from the Trust Fund to that Fed14 eral agency or Gulf Coast State as the 

15 project or program is implemented, 

16 subject to such conditions as the Sec17 retary of the Treasury, in consultation 

18 with the Secretary of the Interior and 

19 the Secretary of Commerce, estab20 lished pursuant to section 1602 of the 

21 Resources and Ecosystems Sustain22 ability, Tourist Opportunities, and Re23 vived Economies of the Gulf Coast 

24 States Act of 2012. 

25 ‘‘(iii) COST SHARING.— 


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1 ‘‘(I) IN GENERAL.—A Gulf Coast 

2 State or coastal political subdivision 

3 may use, in whole or in part, amounts 

4 made available to that Gulf Coast 

5 State or coastal political subdivision 

6 from the Trust Fund to satisfy the 

7 non-Federal share of the cost of car8 rying a project or program that— 

9 ‘‘(aa) is authorized by other 

10 Federal law; and 

11 ‘‘(bb) meets the criteria of 

12 subparagraph (D). 

13 ‘‘(II) INCLUSION IN COMPREHEN14 SIVE PLAN.—A project or program de15 scribed in subclause (I) that meets the 

16 criteria for inclusion in the Com17 prehensive Plan described in subpara18 graph (D) shall be selected and adopt19 ed by the Council as part of the Com20 prehensive Plan in the manner de21 scribed in subparagraph (D). 

22 ‘‘(F) COORDINATION.—The Council and 

23 the Federal members of the Council may de24 velop Memorandums of Understanding estab25 lishing integrated funding and implementation 


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1 plans among the member agencies and authori2 ties. 

3 ‘‘(G) TERMINATION.—The Council shall 

4 terminate on the date on which the report de5 scribed in subparagraph (C)(vii)(XI) is sub6 mitted to Congress. 

7 ‘‘(3) OIL SPILL RESTORATION IMPACT ALLOCA8 TION.— 

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

10 paragraph (4), of the total amount made avail11 able to the Council under paragraph (2) in any 

12 fiscal year from the Trust Fund, 50 percent 

13 shall be disbursed by the Council as follows: 

14 ‘‘(i) FORMULA.—Subject to subpara15 graph (B), for each Gulf Coast State, the 

16 amount disbursed under this paragraph 

17 shall be based on a formula established by 

18 the Council by regulation that is based on 

19 a weighted average of the following cri20 teria: 

21 ‘‘(I) 40 percent based on the pro22 portionate number of miles of shore23 line in each Gulf Coast State that ex24 perienced oiling as of April 10, 2011, 

25 compared to the total number of miles 


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1 of shoreline that experienced oiling as 

2 a result of the Deepwater Horizon oil 

3 spill. 

4 ‘‘(II) 40 percent based on the in5 verse proportion of the average dis6 tance from the Deepwater Horizon oil 

7 rig to the nearest and farthest point 

8 of the shoreline that experienced oil9 ing of each Gulf Coast State. 

10 ‘‘(III) 20 percent based on the 

11 average population in the 2010 decen12 nial census of coastal counties bor13 dering the Gulf of Mexico within each 

14 Gulf Coast State. 

15 ‘‘(ii) MINIMUM ALLOCATION.—The 

16 amount disbursed to a Gulf Coast State 

17 for each fiscal year under clause (i) shall 

18 be at least 5 percent of the total amounts 

19 made available under this paragraph. 

20 ‘‘(B) APPROVAL OF PROJECTS AND PRO21 GRAMS.— 

22 ‘‘(i) IN GENERAL.—The Council shall 

23 disburse amounts to the respective Gulf 

24 Coast States in accordance with the for25 mula developed under subparagraph (A) 


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1 for projects, programs, and activities that 

2 will improve the ecosystems or economy of 

3 the Gulf Coast, subject to the condition 

4 that each Gulf Coast State submits a plan 

5 for the expenditure of amounts disbursed 

6 under this paragraph which meet the fol7 lowing criteria: 

8 ‘‘(I) All projects, programs, and 

9 activities included in that plan are eli10 gible activities pursuant to paragraph 

11 (1)(B)(i). 

12 ‘‘(II) The projects, programs, 

13 and activities included in that plan 

14 contribute to the overall economic and 

15 ecological recovery of the Gulf Coast. 

16 ‘‘(III) The plan takes into con17 sideration the Comprehensive Plan 

18 and is consistent with its goals and 

19 objectives, as described in paragraph 

20 (2)(B)(i). 

21 ‘‘(ii) FUNDING.— 

22 ‘‘(I) IN GENERAL.—Except as 

23 provided in subclause (II), the plan 

24 described in clause (i) may use not 

25 more than 25 percent of the funding 


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1 made available for infrastructure 

2 projects eligible under subclauses (X) 

3 and (XI) of paragraph (1)(B)(i). 

4 ‘‘(II) EXCEPTION.—The plan de5 scribed in clause (i) may propose to 

6 use more than 25 percent of the fund7 ing made available for infrastructure 

8 projects eligible under subclauses (X) 

9 and (XI) of paragraph (1)(B)(i) if the 

10 plan certifies that— 

11 ‘‘(aa) ecosystem restoration 

12 needs in the State will be ad13 dressed by the projects in the 

14 proposed plan; and 

15 ‘‘(bb) additional investment 

16 in infrastructure is required to 

17 mitigate the impacts of the Deep18 water Horizon Oil Spill to the 

19 ecosystem or economy. 

20 ‘‘(iii) DEVELOPMENT.—The plan de21 scribed in clause (i) shall be developed 

22 by— 

23 ‘‘(I) in the State of Alabama, the 

24 Alabama Gulf Coast Recovery Council 

25 established under paragraph (1)(E)(i); 


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1 ‘‘(II) in the State of Florida, a 

2 consortia of local political subdivisions 

3 that includes at least 1 representative 

4 of each disproportionally affected 

5 county; 

6 ‘‘(III) in the State of Louisiana, 

7 the Coastal Protection and Restora8 tion Authority of Louisiana; 

9 ‘‘(IV) in the State of Mississippi, 

10 the Office of the Governor or an ap11 pointee of the Office of the Governor; 

12 and 

13 ‘‘(V) in the State of Texas, the 

14 Office of the Governor or an ap15 pointee of the Office of the Governor. 

16 ‘‘(iv) APPROVAL.—Not later than 60 

17 days after the date on which a plan is sub18 mitted under clause (i), the Council shall 

19 approve or disapprove the plan based on 

20 the conditions of clause (i). 

21 ‘‘(C) DISAPPROVAL.—If the Council dis22 approves a plan pursuant to subparagraph 

23 (B)(iv), the Council shall— 

24 ‘‘(i) provide the reasons for dis25 approval in writing; and 


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1 ‘‘(ii) consult with the State to address 

2 any identified deficiencies with the State 

3 plan. 

4 ‘‘(D) FAILURE TO SUBMIT ADEQUATE

5 PLAN.—If a State fails to submit an adequate 

6 plan under this subsection, any funds made 

7 available under this subsection shall remain in 

8 the Trust Fund until such date as a plan is 

9 submitted and approved pursuant to this sub10 section. 

11 ‘‘(E) JUDICIAL REVIEW.—If the Council 

12 fails to approve or take action within 60 days 

13 on a plan described in subparagraph (B)(iv), 

14 the State may obtain expedited judicial review 

15 within 90 days of that decision in a district 

16 court of the United States, of appropriate juris17 diction and venue, that is located within the 

18 State seeking such review. 

19 ‘‘(4) AUTHORIZATION OF INTEREST TRANS20 FERS.— 

21 ‘‘(A) IN GENERAL.—Of the total amount 

22 made available in any fiscal year from the 

23 Trust Fund, an amount equal to the interest 

24 earned by the Trust Fund and proceeds from 


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1 investments made by the Trust Fund in the 

2 preceding fiscal year— 

3 ‘‘(i) 50 percent shall be transferred to 

4 the National Endowment for Oceans in 

5 subparagraph (B); and 

6 ‘‘(ii) 50 percent shall be transferred to 

7 the Gulf of Mexico Research Endowment 

8 in subparagraph (C). 

9 ‘‘(B) NATIONAL ENDOWMENT FOR THE

10 OCEANS.— 

11 ‘‘(i) ESTABLISHMENT.— 

12 ‘‘(I) IN GENERAL.—There is es13 tablished in the Treasury of the 

14 United States a trust fund to be 

15 known as the ‘National Endowment 

16 for the Oceans’, consisting of such 

17 amounts as may be appropriated or 

18 credited to the National Endowment 

19 for the Oceans. 

20 ‘‘(II) INVESTMENT.—Amounts in 

21 the National Endowment for the 

22 Oceans shall be invested in accordance 

23 with section 9602 of the Internal Rev24 enue Code of 1986, and any interest 

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1 vestment shall be available for expend2 iture in accordance with this subpara3 graph. 

4 ‘‘(ii) TRUSTEE.—The trustee for the 

5 National Endowment for the Oceans shall 

6 be the Secretary of Commerce. 

7 ‘‘(iii) ALLOCATION OF FUNDS.— 

8 ‘‘(I) IN GENERAL.—Each fiscal 

9 year, the Secretary shall allocate, at a 

10 minimum, an amount equal to the in11 terest earned by the National Endow12 ment for the Oceans in the preceding 

13 fiscal year, and may distribute an 

14 amount equal to up to 10 percent of 

15 the total amounts in the National En16 dowment for the Oceans— 

17 ‘‘(aa) to allocate funding to 

18 coastal states (as defined in sec19 tion 304 of the Marine Resources 

20 and Engineering Development 

21 Act of 1966 (16 U.S.C. 1453)) 

22 and affected Indian tribes; 

23 ‘‘(bb) to make grants to re24 gional ocean and coastal planning 

25 bodies; and 


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1 ‘‘(cc) to develop and imple2 ment a National Grant Program 

3 for Oceans and Coastal Waters. 

4 ‘‘(II) PROGRAM ADJUSTMENTS.— 

5 Each fiscal year where the amount de6 scribed in subparagraph (A)(i) does 

7 not exceed $100,000,000, the Sec8 retary may elect to fund only the 

9 grant program established in sub10 clause (I)(cc). 

11 ‘‘(iv) ELIGIBLE ACTIVITIES.—Funds 

12 deposited in the National Endowment for 

13 the Oceans may be allocated by the Sec14 retary only to fund grants for programs 

15 and activities intended to restore, protect, 

16 maintain, or understand living marine re17 sources and their habitats and resources in 

18 ocean and coastal waters (as defined in 

19 section 304 of the Marine Resources and 

20 Engineering Development Act of 1966 (16 

21 U.S.C. 1453)), including baseline scientific 

22 research, ocean observing, and other pro23 grams and activities carried out in coordi24 nation with Federal and State departments 

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1 eral environmental laws and that avoid en2 vironmental degradation. 

3 ‘‘(v) APPLICATION.—To be eligible to 

4 receive a grant under clause (iii)(I), an en5 tity shall submit to the Secretary an appli6 cation at such time, in such manner, and 

7 containing such information as the Sec8 retary determines to be appropriate. 

9 ‘‘(vi) FUNDING FOR COASTAL

10 STATES.—The Secretary shall allocate 

11 funding among States as follows: 

12 ‘‘(I) 50 percent of the funds shall 

13 be allocated equally among coastal 

14 States. 

15 ‘‘(II) 25 percent of the funds 

16 shall be allocated based on tidal shore17 line miles. 

18 ‘‘(III) 25 percent of the funds 

19 shall be allocated based on the coastal 

20 population density of a coastal State. 

21 ‘‘(IV) No State shall be allocated 

22 more than 10 percent of the total 

23 amount of funds available for alloca24 tion among coastal States for any fis25 cal year. 


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1 ‘‘(V) No territory shall be allo2 cated more than 1 percent of the total 

3 amount of funds available for alloca4 tion among coastal States for any fis5 cal year. 

6 ‘‘(C) GULF OF MEXICO RESEARCH ENDOW7 MENT.— 

8 ‘‘(i) IN GENERAL.—There is estab9 lished in the Treasury of the United States 

10 a trust fund to be known as the ‘Gulf of 

11 Mexico Research Endowment’, to be ad12 ministered by the Secretary of Commerce, 

13 solely for use in providing long-term fund14 ing in accordance with section 1604 of the 

15 Resources and Ecosystems Sustainability, 

16 Tourist Opportunities, and Revived Econo17 mies of the Gulf Coast States Act of 2012. 

18 ‘‘(ii) INVESTMENT.—Amounts in the 

19 Gulf of Mexico Research Endowment shall 

20 be invested in accordance with section 

21 9602 of the Internal Revenue Code of 

22 1986, and, after adjustment for inflation 

23 so as to maintain the value of the prin24 cipal, any interest on, and proceeds from, 

25 any such investment shall be available for 


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1 expenditure and shall be allocated in equal 

2 portions to the Gulf Coast Ecosystem Res3 toration Science, Monitoring, and Tech4 nology Program and Fisheries Endowment 

5 established in section 1604 of the Re6 sources and Ecosystems Sustainability, 

7 Tourist Opportunities, and Revived Econo8 mies of the Gulf Coast States Act of 

9 2012.’’. 

10 SEC. 1604. GULF COAST ECOSYSTEM RESTORATION 

11 SCIENCE, OBSERVATION, MONITORING, AND 

12 TECHNOLOGY PROGRAM. 

13 (a) DEFINITIONS.—In this section: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of the National 

16 Oceanic and Atmospheric Administration. 

17 (2) FISHERIES AND ECOSYSTEM ENDOW18 MENT.—The term ‘‘Fisheries and Ecosystem En19 dowment’’ means the endowment established by sub20 section (d). 

21 (3) PROGRAM.—The term ‘‘Program’’ means 

22 the Gulf Coast Ecosystem Restoration Science, Ob23 servation, Monitoring, and Technology Program es24 tablished by subsection (b). 


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1 (b) ESTABLISHMENT OF PROGRAM.—There is estab2 lished within the National Oceanic and Atmospheric Ad3 ministration a program to be known as the ‘‘Gulf Coast 

4 Ecosystem Restoration Science, Observation, Monitoring, 

5 and Technology Program’’, to be carried out by the Ad6 ministrator. 

7 (c) CENTERS OF EXCELLENCE.— 

8 (1) IN GENERAL.—In carrying out the Pro9 gram, the Administrator, in consultation with other 

10 Federal agencies with expertise in the discipline of 

11 a center of excellence, shall make grants in accord12 ance with paragraph (2) to establish and operate 5 

13 centers of excellence, 1 of which shall be located in 

14 each of the States of Alabama, Florida, Louisiana, 

15 Mississippi, and Texas. 

16 (2) GRANTS.— 

17 (A) IN GENERAL.—The Administrator 

18 shall use the amounts made available to carry 

19 out this section to award competitive grants to 

20 nongovernmental entities and consortia in the 

21 Gulf Coast region (including public and private 

22 institutions of higher education) for the estab23 lishment of centers of excellence as described in 

24 paragraph (1). 


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1 (B) APPLICATION.—To be eligible to re2 ceive a grant under this paragraph, an entity or 

3 consortium described in subparagraph (A) shall 

4 submit to the Administrator an application at 

5 such time, in such manner, and containing such 

6 information as the Administrator determines to 

7 be appropriate. 

8 (C) PRIORITY.—In awarding grants under 

9 this paragraph, the Administrator shall give 

10 priority to entities and consortia that dem11 onstrate the ability to establish the broadest 

12 cross-section of participants with interest and 

13 expertise in any discipline described in para14 graph (3) on which the proposal of the center 

15 of excellence will be focused. 

16 (3) DISCIPLINES.—Each center of excellence 

17 shall focus on science, technology, and monitoring in 

18 at least 1 of the following disciplines: 

19 (A) Coastal and deltaic sustainability, res20 toration and protection; including solutions and 

21 technology that allow citizens to live safely and 

22 sustainably in a coastal delta. 

23 (B) Coastal fisheries and wildlife eco24 system research and monitoring. 


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1 (C) Offshore energy development, including 

2 research and technology to improve the sustain3 able and safe development of energy resources. 

4 (D) Sustainable and resilient growth, eco5 nomic and commercial development in the Gulf 

6 Coast. 

7 (E) Comprehensive observation, moni8 toring, and mapping of the Gulf of Mexico. 

9 (4) COORDINATION WITH OTHER PROGRAMS.— 

10 The Administrator shall develop a plan for the co11 ordination of projects and activities between the Pro12 gram and other existing Federal and State science 

13 and technology programs in the States of Alabama, 

14 Florida, Louisiana, Mississippi, and Texas, as well 

15 as between the centers of excellence. 

16 (d) ESTABLISHMENT OF FISHERIES AND ECOSYSTEM

17 ENDOWMENT.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of enactment of this Act, the Council 

20 shall establish a fishery and ecosystem endowment 

21 to ensure, to the maximum extent practicable, the 

22 long-term sustainability of the ecosystem, fish 

23 stocks, fish habitat and the recreational, commercial, 

24 and charter fishing industry in the Gulf of Mexico. 


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1 (2) EXPENDITURE OF FUNDS.—For each fiscal 

2 year, amounts made available to carry out this sub3 section may be expended for, with respect to the 

4 Gulf of Mexico— 

5 (A) marine and estuarine research; 

6 (B) marine and estuarine ecosystem moni7 toring and ocean observation; 

8 (C) data collection and stock assessments; 

9 (D) pilot programs for— 

10 (i) fishery independent data; and 

11 (ii) reduction of exploitation of spawn12 ing aggregations; and 

13 (E) cooperative research. 

14 (3) ADMINISTRATION AND IMPLEMENTATION.— 

15 The Fisheries and Ecosystem Endowment shall be 

16 administered by the Administrator of the National 

17 Oceanic and Atmospheric Administration, in con18 sultation with the Director of the United States Fish 

19 and Wildlife Service, with guidance provided by the 

20 Regional Gulf of Mexico Fishery Management Coun21 cil. 

22 (4) SPECIES INCLUDED.—The Fisheries and 

23 Ecosystem Endowment will include all marine, estu24 arine, aquaculture, and fish and wildlife species in 

25 State and Federal waters of the Gulf of Mexico. 


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1 (5) RESEARCH PRIORITIES.—In distributing 

2 funding under this subsection, priority shall be given 

3 to integrated, long-term projects that— 

4 (A) build on, or are coordinated with, re5 lated research activities; and 

6 (B) address current or anticipated marine 

7 ecosystem, fishery, or wildlife management in8 formation needs. 

9 (6) DUPLICATION AND COORDINATION.—In car10 rying out this subsection, the Administrator shall 

11 seek to avoid duplication of other research and mon12 itoring activities and coordinate with existing re13 search and monitoring programs, including the Inte14 grated Coastal and Ocean Observation System Act 

15 of 2009 (33 U.S.C. 3601 et seq.). 

16 (e) FUNDING.— 

17 (1) IN GENERAL.—Except as provided in sub18 section (t)(4) of section 311 of the Federal Water 

19 Pollution Control Act (33 U.S.C. 1321), of the total 

20 amount made available for each fiscal year for the 

21 Gulf Coast Restoration Trust Fund established 

22 under section 1602, 5 percent shall be allocated in 

23 equal portions to the Program and Fisheries and 

24 Ecosystem Endowment established by this section. 


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1 (2) ADMINISTRATIVE EXPENSES.—Of the 

2 amounts received by the National Oceanic and At3 mospheric Administration to carry out this section, 

4 not more than 3 percent may be used for adminis5 trative expenses. 

6 SEC. 1605. EFFECT. 

7 (a) IN GENERAL.—Nothing in this subtitle or any 

8 amendment made by this subtitle— 

9 (1) supersedes or otherwise affects any provi10 sion of Federal law, including, in particular, laws 

11 providing recovery for injury to natural resources 

12 under the Oil Pollution Act of 1990 (33 U.S.C. 

13 2701 et seq.) and laws for the protection of public 

14 health and the environment; or 

15 (2) applies to any fine collected under section 

16 311 of the Federal Water Pollution Control Act (33 

17 U.S.C. 1321) for any incident other than the Deep18 water Horizon oil spill. 

19 (b) USE OF FUNDS.—Funds made available under 

20 this subtitle may be used only for eligible activities specifi21 cally authorized by this subtitle. 


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1 Subtitle G—Land and Water 

2 Conservation Fund 

3 SEC. 1701. LAND AND WATER CONSERVATION FUND. 

4 (a) AUTHORIZATION.—Section 2 of the Land and 

5 Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 

6 5) is amended— 

7 (1) in the matter preceding subsection (a), by 

8 striking ‘‘September 30, 2015’’ and inserting ‘‘Sep9 tember 30, 2022’’; and 

10 (2) in subsection (c)(1), by striking ‘‘through 

11 September 30, 2015’’ and inserting ‘‘September 30, 

12 2022’’. 

13 (b) FUNDING.—Section 3 of the Land and Water 

14 Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is 

15 amended to read as follows: 

16 ‘‘SEC. 3. AVAILABILITY OF FUNDS. 

17 ‘‘(a) FUNDING.— 

18 ‘‘(1) FISCAL YEARS 2013 AND 2014.—For each 

19 of fiscal years 2013 and 2014— 

20 ‘‘(A) $700,000,000 of amounts covered 

21 into the fund under section 2 shall be available 

22 for expenditure, without further appropriation 

23 or fiscal year limitation, to carry out the pur24 poses of this Act; and 


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1 ‘‘(B) the remainder of amounts covered 

2 into the fund shall be available subject to ap3 propriations, which may be made without fiscal 

4 year limitation. 

5 ‘‘(2) FISCAL YEARS 2015 THROUGH 2022.—For 

6 each of fiscal years 2015 through 2022, amounts 

7 covered into the fund under section 2 shall be avail8 able for expenditure to carry out the purposes of this 

9 Act subject to appropriations, which may be made 

10 without fiscal year limitation. 

11 ‘‘(b) USES.—Amounts made available for obligation 

12 or expenditure from the fund may be obligated or ex13 pended only as provided in this Act. 

14 ‘‘(c) WILLING SELLERS.—In using amounts made 

15 available under subsection (a)(1)(A), the Secretary shall 

16 only acquire land or interests in land by purchase, ex17 change, or donation from a willing seller. 

18 ‘‘(d) ADDITIONAL AMOUNTS.—Amounts made avail19 able under subsection (a)(1)(A) shall be in addition to 

20 amounts made available to the fund under section 105 of 

21 the Gulf of Mexico Energy Security Act of 2006 (43 

22 U.S.C. 1331 note; Public Law 109–432). 

23 ‘‘(e) ALLOCATION AUTHORITY.—Appropriation Acts 

24 may provide for the allocation of amounts covered into the 

25 fund under section 2.’’. 


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1 (c) ALLOCATION OF FUNDS.—Section 5 of the Land 

2 and Water Conservation Fund Act of 1965 (16 U.S.C. 

3 460l–7) is amended— 

4 (1) in the first sentence, by inserting ‘‘or ex5 penditures’’ after ‘‘appropriations’’; 

6 (2) in the second sentence— 

7 (A) by inserting ‘‘or expenditures’’ after 

8 ‘‘appropriations’’; and 

9 (B) by inserting before the period at the 

10 end the following: ‘‘, including the amounts to 

11 be allocated from the fund for Federal and 

12 State purposes’’; and 

13 (3) by striking ‘‘Those appropriations from’’ 

14 and all that follows through the end of the section. 

15 (d) CONFORMING AMENDMENTS.—Section 6(b) of 

16 the Land and Water Conservation Fund Act of 1965 (16 

17 U.S.C. 460l–8(b)) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 inserting ‘‘or expended’’ after ‘‘appropriated’’; 

20 (2) in paragraph (1)— 

21 (A) by inserting ‘‘or expenditures’’ after 

22 ‘‘appropriations’’; and 

23 (B) by striking ‘‘; and’’ and inserting a pe24 riod; and 


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1 (3) in the first sentence of paragraph (2), by 

2 inserting ‘‘or expenditure’’ after ‘‘appropriation’’. 

3 (e) PUBLIC ACCESS.—Section 7 of the Land and 

4 Water Conservation Fund Act of 1965 (16 U.S.C. 460l5 9) is amended— 

6 (1) in subsection (a)— 

7 (A) in the matter preceding paragraph (1), 

8 by inserting ‘‘or expended’’ after ‘‘appro9 priated’’; and 

10 (B) in paragraph (3), by inserting ‘‘or ex11 penditures’’ after ‘‘such appropriations’’; 

12 (2) in subsection (b)— 

13 (A) in the first sentence, by inserting ‘‘or 

14 expenditures’’ after ‘‘Appropriations’’; and 

15 (B) in the proviso, by inserting ‘‘or ex16 penditures’’ after ‘‘appropriations’’; 

17 (3) in the first sentence of subsection (c)(1)— 

18 (A) by inserting ‘‘or expended’’ after ‘‘ap19 propriated’’; and 

20 (B) by inserting ‘‘or expenditures’’ after 

21 ‘‘appropriations’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(d) PUBLIC ACCESS.—Not less than 1.5 percent of 

24 the annual authorized funding amount shall be made 

25 available each year for projects that secure recreational 


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1 public access to existing Federal public land for hunting, 

2 fishing, and other recreational purposes.’’. 

3 Subtitle H—Offsets 

4 SEC. 1801. DELAY IN APPLICATION OF WORLDWIDE INTER5 EST. 

6 (a) IN GENERAL.—Paragraphs (5)(D) and (6) of sec7 tion 864(f) of the Internal Revenue Code of 1986 are each 

8 amended by striking ‘‘December 31, 2020’’ and inserting 

9 ‘‘December 31, 2021.’’ 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act. 

13 TITLE II—AMERICA FAST FOR14 WARD FINANCING INNOVA15 TION 

16 SEC. 2001. SHORT TITLE. 

17 This title may be cited as the ‘‘America Fast Forward 

18 Financing Innovation Act of 2011’’. 

19 SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE 

20 AND INNOVATION ACT AMENDMENTS. 

21 Sections 601 through 609 of title 23, United States 

22 Code, are amended to read as follows: 

23 ‘‘§ 601. Generally applicable provisions 

24 ‘‘(a) DEFINITIONS.—In this chapter, the following 

25 definitions apply: 


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1 ‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eli2 gible project costs’ means amounts substantially all 

3 of which are paid by, or for the account of, an obli4 gor in connection with a project, including the cost 

5 of— 

6 ‘‘(A) development phase activities, includ7 ing planning, feasibility analysis, revenue fore8 casting, environmental review, permitting, pre9 liminary engineering and design work, and 

10 other preconstruction activities; 

11 ‘‘(B) construction, reconstruction, rehabili12 tation, replacement, and acquisition of real 

13 property (including land relating to the project 

14 and improvements to land), environmental miti15 gation, construction contingencies, and acquisi16 tion of equipment; and 

17 ‘‘(C) capitalized interest necessary to meet 

18 market requirements, reasonably required re19 serve funds, capital issuance expenses, and 

20 other carrying costs during construction. 

21 ‘‘(2) FEDERAL CREDIT INSTRUMENT.—The 

22 term ‘Federal credit instrument’ means a secured 

23 loan, loan guarantee, or line of credit authorized to 

24 be made available under this chapter with respect to 

25 a project. 


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1 ‘‘(3) INVESTMENT-GRADE RATING.—The term 

2 ‘investment-grade rating’ means a rating of BBB 

3 minus, Baa3, bbb minus, BBB (low), or higher as4 signed by a rating agency to project obligations. 

5 ‘‘(4) LENDER.—The term ‘lender’ means any 

6 non-Federal qualified institutional buyer (as defined 

7 in section 230.144A(a) of title 17, Code of Federal 

8 Regulations (or any successor regulation), known as 

9 Rule 144A(a) of the Securities and Exchange Com10 mission and issued under the Securities Act of 1933 

11 (15 U.S.C. 77a et seq.)), including— 

12 ‘‘(A) a qualified retirement plan (as de13 fined in section 4974(c) of the Internal Revenue 

14 Code of 1986) that is a qualified institutional 

15 buyer; and 

16 ‘‘(B) a governmental plan (as defined in 

17 section 414(d) of the Internal Revenue Code of 

18 1986) that is a qualified institutional buyer. 

19 ‘‘(5) LETTER OF INTEREST.—The term ‘letter 

20 of interest’ means a letter submitted by a potential 

21 applicant prior to an application for credit assistance 

22 in a format prescribed by the Secretary on the 

23 website of the TIFIA program, which— 

24 ‘‘(A) describes the project and the location, 

25 purpose, and cost of the project; 


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1 ‘‘(B) outlines the proposed financial plan, 

2 including the requested credit assistance and 

3 the proposed obligor; 

4 ‘‘(C) provides a status of environmental re5 view; and 

6 ‘‘(D) provides information regarding satis7 faction of other eligibility requirements of the 

8 TIFIA program. 

9 ‘‘(6) LINE OF CREDIT.—The term ‘‘ ‘line of 

10 credit’ ’’ means an agreement entered into by the 

11 Secretary with an obligor under section 604 to pro12 vide a direct loan at a future date upon the occur13 rence of certain events. 

14 ‘‘(7) LIMITED BUYDOWN.—The term ‘limited 

15 buydown’ means, subject to the conditions described 

16 in section 603(b)(4)(C), a buydown of the interest 

17 rate by the Secretary and by the obligor if the inter18 est rate has increased between— 

19 ‘‘(A)(i) the date on which a project appli20 cation acceptable to the Secretary is submitted; 

21 or 

22 ‘‘(ii) the date on which the Secretary en23 tered into a master credit agreement; and 

24 ‘‘(B) the date on which the Secretary exe25 cutes the Federal credit instrument. 


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1 ‘‘(8) LOAN GUARANTEE.—The term ‘loan guar2 antee’ means any guarantee or other pledge by the 

3 Secretary to pay all or part of the principal of and 

4 interest on a loan or other debt obligation issued by 

5 an obligor and funded by a lender. 

6 ‘‘(9) MASTER CREDIT AGREEMENT.—The term 

7 ‘master credit agreement’ means an agreement to 

8 extend credit assistance for a program of projects 

9 secured by a common security pledge (which shall 

10 receive an investment grade rating from a rating 

11 agency), or for a single project covered under section 

12 602(b)(2) that would— 

13 ‘‘(A) make contingent commitments of 1 or 

14 more secured loans or other Federal credit in15 struments at future dates, subject to the avail16 ability of future funds being made available to 

17 carry out this chapter; 

18 ‘‘(B) establish the maximum amounts and 

19 general terms and conditions of the secured 

20 loans or other Federal credit instruments; 

21 ‘‘(C) identify the 1 or more dedicated non22 Federal revenue sources that will secure the re23 payment of the secured loans or secured Fed24 eral credit instruments; 


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1 ‘‘(D) provide for the obligation of funds for 

2 the secured loans or secured Federal credit in3 struments after all requirements have been met 

4 for the projects subject to the master credit 

5 agreement, including— 

6 ‘‘(i) completion of an environmental 

7 impact statement or similar analysis re8 quired under the National Environmental 

9 Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.); 

11 ‘‘(ii) compliance with such other re12 quirements as are specified in section 

13 602(c); and 

14 ‘‘(iii) the availability of funds to carry 

15 out this chapter; and 

16 ‘‘(E) require that contingent commitments 

17 result in a financial close and obligation of 

18 credit assistance not later than 3 years after 

19 the date of entry into the master credit agree20 ment, or release of the commitment, unless oth21 erwise extended by the Secretary. 

22 ‘‘(10) OBLIGOR.—The term ‘obligor’ means a 

23 party that— 


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1 ‘‘(A) is primarily liable for payment of the 

2 principal of or interest on a Federal credit in3 strument; and 

4 ‘‘(B) may be a corporation, partnership, 

5 joint venture, trust, or governmental entity, 

6 agency, or instrumentality. 

7 ‘‘(11) PROJECT.—The term ‘project’ means— 

8 ‘‘(A) any surface transportation project eli9 gible for Federal assistance under this title or 

10 chapter 53 of title 49; 

11 ‘‘(B) a project for an international bridge 

12 or tunnel for which an international entity au13 thorized under Federal or State law is respon14 sible; 

15 ‘‘(C) a project for intercity passenger bus 

16 or rail facilities and vehicles, including facilities 

17 and vehicles owned by the National Railroad 

18 Passenger Corporation and components of mag19 netic levitation transportation systems; and 

20 ‘‘(D) a project that— 

21 ‘‘(i) is a project— 

22 ‘‘(I) for a public freight rail facil23 ity or a private facility providing pub24 lic benefit for highway users by way of 


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1 direct freight interchange between 

2 highway and rail carriers; 

3 ‘‘(II) for an intermodal freight 

4 transfer facility; 

5 ‘‘(III) for a means of access to a 

6 facility described in subclause (I) or 

7 (II); 

8 ‘‘(IV) for a service improvement 

9 for a facility described in subclause 

10 (I) or (II) (including a capital invest11 ment for an intelligent transportation 

12 system); or 

13 ‘‘(V) that comprises a series of 

14 projects described in subclauses (I) 

15 through (IV) with the common objec16 tive of improving the flow of goods; 

17 ‘‘(ii) may involve the combining of pri18 vate and public sector funds, including in19 vestment of public funds in private sector 

20 facility improvements; 

21 ‘‘(iii) if located within the boundaries 

22 of a port terminal, includes only such sur23 face transportation infrastructure modi24 fications as are necessary to facilitate diVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00582 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 rect intermodal interchange, transfer, and 

2 access into and out of the port; and 

3 ‘‘(iv) is composed of related highway, 

4 surface transportation, transit, rail, or 

5 intermodal capital improvement projects el6 igible for assistance under this subsection 

7 in order to meet the eligible project cost 

8 threshold under section 602, by grouping 

9 related projects together for that purpose, 

10 on the condition that the credit assistance 

11 for the projects is secured by a common 

12 pledge. 

13 ‘‘(12) PROJECT OBLIGATION.—The term 

14 ‘project obligation’ means any note, bond, debenture, 

15 or other debt obligation issued by an obligor in con16 nection with the financing of a project, other than 

17 a Federal credit instrument. 

18 ‘‘(13) RATING AGENCY.—The term ‘rating 

19 agency’ means a credit rating agency registered with 

20 the Securities and Exchange Commission as a na21 tionally recognized statistical rating organization (as 

22 that term is defined in section 3(a) of the Securities 

23 Exchange Act of 1934 (15 U.S.C. 78c(a))). 


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1 ‘‘(14) RURAL INFRASTRUCTURE PROJECT.— 

2 The term ‘rural infrastructure project’ means a sur3 face transportation infrastructure project either— 

4 ‘‘(A) located in any area other than an ur5 banized area that has a population of greater 

6 than 250,000 inhabitants; or 

7 ‘‘(B) connects a rural area to a city with 

8 a population of less than 250,000 inhabitants 

9 within the city limits. 

10 ‘‘(15) SECURED LOAN.—The term ‘secured 

11 loan’ means a direct loan or other debt obligation 

12 issued by an obligor and funded by the Secretary in 

13 connection with the financing of a project under sec14 tion 603. 

15 ‘‘(16) STATE.—The term ‘State’ has the mean16 ing given the term in section 101. 

17 ‘‘(17) SUBSIDY AMOUNT.—The term ‘subsidy 

18 amount’ means the amount of budget authority suf19 ficient to cover the estimated long-term cost to the 

20 Federal Government of a Federal credit instrument, 

21 calculated on a net present value basis, excluding 

22 administrative costs and any incidental effects on 

23 governmental receipts or outlays in accordance with 

24 the Federal Credit Reform Act of 1990 (2 U.S.C. 

25 661 et seq.). 


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1 ‘‘(18) SUBSTANTIAL COMPLETION.—The term 

2 ‘substantial completion’ means— 

3 ‘‘(A) the opening of a project to vehicular 

4 or passenger traffic; or 

5 ‘‘(B) a comparable event, as determined by 

6 the Secretary and specified in the credit agree7 ment. 

8 ‘‘(19) TIFIA PROGRAM.—The term ‘TIFIA 

9 program’ means the transportation infrastructure fi10 nance and innovation program of the Department. 

11 ‘‘(20) CONTINGENT COMMITMENT.—The term 

12 ‘contingent commitment’ means a commitment to 

13 obligate an amount from future available budget au14 thority that is— 

15 ‘‘(A) contingent upon those funds being 

16 made available in law at a future date; and 

17 ‘‘(B) not an obligation of the Federal Gov18 ernment. 

19 ‘‘(b) TREATMENT OF CHAPTER.—For purposes of 

20 this title, this chapter shall be treated as being part of 

21 chapter 1. 

22 ‘‘§ 602. Determination of eligibility and project selec23 tion 

24 ‘‘(a) ELIGIBILITY.—A project shall be eligible to re25 ceive credit assistance under this chapter if the entity proVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00585 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 posing to carry out the project submits a letter of interest 

2 prior to submission of a formal application for the project, 

3 and the project meets the following criteria: 

4 ‘‘(1) CREDITWORTHINESS.— 

5 ‘‘(A) IN GENERAL.—The project shall sat6 isfy applicable creditworthiness standards, 

7 which, at a minimum, includes— 

8 ‘‘(i) a rate covenant, if applicable; 

9 ‘‘(ii) adequate coverage requirements 

10 to ensure repayment; 

11 ‘‘(iii) an investment grade rating from 

12 at least 2 rating agencies on debt senior to 

13 the Federal credit instrument; and 

14 ‘‘(iv) a rating from at least 2 rating 

15 agencies on the Federal credit instrument, 

16 subject to the condition that, with respect 

17 to clause (iii), if the senior debt and Fed18 eral credit instrument is for an amount 

19 less than $75,000,000 or for a rural infra20 structure project or intelligent transpor21 tation systems project, 1 rating agency 

22 opinion for each of the senior debt and 

23 Federal credit instrument shall be suffi24 cient. 


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1 ‘‘(B) SENIOR DEBT.—Notwithstanding 

2 subparagraph (A), in a case in which the Fed3 eral credit instrument is the senior debt, the 

4 Federal credit instrument shall be required to 

5 receive an investment grade rating from at least 

6 2 rating agencies, unless the credit instrument 

7 is for a rural infrastructure project or intel8 ligent transportation systems project, in which 

9 case 1 rating agency opinion shall be sufficient. 

10 ‘‘(2) INCLUSION IN TRANSPORTATION PLANS

11 AND PROGRAMS.—The project shall satisfy the appli12 cable planning and programming requirements of 

13 sections 134 and 135 at such time as an agreement 

14 to make available a Federal credit instrument is en15 tered into under this chapter. 

16 ‘‘(3) APPLICATION.—A State, local government, 

17 public authority, public-private partnership, or any 

18 other legal entity undertaking the project and au19 thorized by the Secretary, shall submit a project ap20 plication acceptable to the Secretary. 

21 ‘‘(4) ELIGIBLE PROJECT COSTS.— 

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

23 subparagraph (B), to be eligible for assistance 

24 under this chapter, a project shall have eligible 


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1 project costs that are reasonably anticipated to 

2 equal or exceed the lesser of— 

3 ‘‘(i)(I) $50,000,000; or 

4 ‘‘(II) in the case of a rural infrastruc5 ture project, $25,000,000; or 

‘‘(ii) 331 6 ⁄3 percent of the amount of 

7 Federal highway assistance funds appor8 tioned for the most recently completed fis9 cal year to the State in which the project 

10 is located. 

11 ‘‘(B) INTELLIGENT TRANSPORTATION SYS12 TEM PROJECTS.—In the case of a project prin13 cipally involving the installation of an intelligent 

14 transportation system, eligible project costs 

15 shall be reasonably anticipated to equal or ex16 ceed $15,000,000. 

17 ‘‘(5) DEDICATED REVENUE SOURCES.—The 

18 Federal credit instrument shall be repayable, in 

19 whole or in part, from tolls, user fees, or other dedi20 cated revenue sources that also secure the project 

21 obligations. 

22 ‘‘(6) PUBLIC SPONSORSHIP OF PRIVATE ENTI23 TIES.—In the case of a project that is undertaken 

24 by an entity that is not a State or local government 

25 or an agency or instrumentality of a State or local 


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1 government, the project that the entity is under2 taking shall be publicly sponsored as provided in 

3 paragraph (2). 

4 ‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.— 

5 ‘‘(1) ESTABLISHMENT.—The Secretary shall es6 tablish a rolling application process in which projects 

7 that are eligible to receive credit assistance under 

8 subsection (a) shall receive credit assistance on 

9 terms acceptable to the Secretary, if adequate funds 

10 are available to cover the subsidy costs associated 

11 with the Federal credit instrument. 

12 ‘‘(2) ADEQUATE FUNDING NOT AVAILABLE.— 

13 ‘‘If the Secretary fully obligates funding to 

14 eligible projects in a given fiscal year, and ade15 quate funding is not available to fund a credit 

16 instrument, a project sponsor of an eligible 

17 project may elect to enter into a master credit 

18 agreement and wait until the following fiscal 

19 year or until additional funds are available to 

20 receive credit assistance. 

21 ‘‘(3) PRELIMINARY RATING OPINION LETTER.— 

22 The Secretary shall require each project applicant to 

23 provide a preliminary rating opinion letter from at 

24 least 1 rating agency— 


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1 ‘‘(A) indicating that the senior obligations 

2 of the project, which may be the Federal credit 

3 instrument, have the potential to achieve an in4 vestment-grade rating; and 

5 ‘‘(B) including a preliminary rating opin6 ion on the Federal credit instrument. 

7 ‘‘(c) FEDERAL REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.—In addition to the require9 ments of this title for highway projects, chapter 53 

10 of title 49 for transit projects, and section 5333(a) 

11 of title 49 for rail projects, the following provisions 

12 of law shall apply to funds made available under this 

13 chapter and projects assisted with the funds: 

14 ‘‘(A) Title VI of the Civil Rights Act of 

15 1964 (42 U.S.C. 2000d et seq.). 

16 ‘‘(B) The National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et seq.). 

18 ‘‘(C) The Uniform Relocation Assistance 

19 and Real Property Acquisition Policies Act of 

20 1970 (42 U.S.C. 4601 et seq.). 

21 ‘‘(2) NEPA.—No funding shall be obligated for 

22 a project that has not received an environmental 

23 Categorical Exclusion, Finding of No Significant 

24 Impact, or Record of Decision under the National 


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1 Environmental Policy Act of 1969 (42 U.S.C. 4321 

2 et seq.). 

3 ‘‘§ 603. Secured loans 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 

6 through (4), the Secretary may enter into agree7 ments with 1 or more obligors to make secured 

8 loans, the proceeds of which shall be used— 

9 ‘‘(A) to finance eligible project costs of any 

10 project selected under section 602; 

11 ‘‘(B) to refinance interim construction fi12 nancing of eligible project costs of any project 

13 selected under section 602; 

14 ‘‘(C) to refinance existing loan agreements 

15 for rural infrastructure projects; or 

16 ‘‘(D) to refinance long-term project obliga17 tions or Federal credit instruments if the refi18 nancing provides additional funding capacity for 

19 the completion, enhancement, or expansion of 

20 any project that— 

21 ‘‘(i) is selected under section 602; or 

22 ‘‘(ii) otherwise meets the requirements 

23 of section 602. 

24 ‘‘(2) LIMITATION ON REFINANCING OF INTERIM

25 CONSTRUCTION FINANCING.—A loan under paraVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 graph (1) shall not refinance interim construction fi2 nancing under paragraph (1)(B) later than 1 year 

3 after the date of substantial completion of the 

4 project. 

5 ‘‘(3) RISK ASSESSMENT.—Before entering into 

6 an agreement under this subsection, the Secretary, 

7 in consultation with the Director of the Office of 

8 Management and Budget, shall determine an appro9 priate capital reserve subsidy amount for each se10 cured loan, taking into account each rating letter 

11 provided by an agency under section 602(b)(3)(B). 

12 ‘‘(b) TERMS AND LIMITATIONS.— 

13 ‘‘(1) IN GENERAL.—A secured loan under this 

14 section with respect to a project shall be on such 

15 terms and conditions and contain such covenants, 

16 representations, warranties, and requirements (in17 cluding requirements for audits) as the Secretary de18 termines appropriate. 

19 ‘‘(2) MAXIMUM AMOUNT.—The amount of the 

20 secured loan shall not exceed the lesser of 49 per21 cent of the reasonably anticipated eligible project 

22 costs or, if the secured loan does not receive an in23 vestment grade rating, the amount of the senior 

24 project obligations. 

25 ‘‘(3) PAYMENT.—The secured loan— 


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1 ‘‘(A) shall— 

2 ‘‘(i) be payable, in whole or in part, 

3 from tolls, user fees, or other dedicated 

4 revenue sources that also secure the senior 

5 project obligations; and 

6 ‘‘(ii) include a rate covenant, coverage 

7 requirement, or similar security feature 

8 supporting the project obligations; and 

9 ‘‘(B) may have a lien on revenues de10 scribed in subparagraph (A) subject to any lien 

11 securing project obligations. 

12 ‘‘(4) INTEREST RATE.— 

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

14 subparagraphs (B) and (C), the interest rate on 

15 the secured loan shall be not less than the yield 

16 on United States Treasury securities of a simi17 lar maturity to the maturity of the secured loan 

18 on the date of execution of the loan agreement. 

19 ‘‘(B) RURAL INFRASTRUCTURE

20 PROJECTS.—A loan offered to a rural infra21 structure project under this chapter shall be at 

1 22 ⁄2 of the Treasury Rate. 

23 ‘‘(C) LIMITED BUYDOWNS.—A limited 

24 buydown is subject to the following conditions: 


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1 ‘‘(i) The interest rate under the agree2 ment may not be lowered by more than the 

3 lower of— 

‘‘(I) 11 4 ⁄2 percentage points (150 

5 basis points); or 

6 ‘‘(II) the amount of the increase 

7 in the interest rate. 

8 ‘‘(ii) The Secretary may pay up to 50 

9 percent of the cost of the limited buydown, 

10 and the obligor shall pay the balance of the 

11 cost of the limited buydown. 

12 ‘‘(iii) Not more than 5 percent of the 

13 funding made available annually to carry 

14 out this chapter may be used to carry out 

15 limited buydowns. 

16 ‘‘(5) MATURITY DATE.—The final maturity 

17 date of the secured loan shall be the lesser of— 

18 ‘‘(A) 35 years after the date of substantial 

19 completion of the project; or 

20 ‘‘(B) if the useful life of the capital asset 

21 being financed is of a lesser period, the useful 

22 life of the asset. 

23 ‘‘(6) NONSUBORDINATION.— 

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

25 subparagraph (B), the secured loan shall not be 


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1 subordinated to the claims of any holder of 

2 project obligations in the event of bankruptcy, 

3 insolvency, or liquidation of the obligor. 

4 ‘‘(B) PRE-EXISTING INDENTURE.— 

5 ‘‘(i) IN GENERAL.—The Secretary 

6 shall waive subparagraph (A) for public 

7 agency borrowers that are financing ongo8 ing capital programs and have outstanding 

9 senior bonds under a pre-existing inden10 ture, if— 

11 ‘‘(I) the secured loan is rated in 

12 the A-category or higher; 

13 ‘‘(II) the secured loan is secured 

14 and payable from pledged revenues 

15 not affected by project performance, 

16 such as a tax-backed revenue pledge 

17 or a system-backed pledge of project 

18 revenues; and 

19 ‘‘(III) the TIFIA program share 

20 of eligible project costs is 33 percent 

21 or less. 

22 ‘‘(ii) LIMITATION.—If the Secretary 

23 waives the nonsubordination requirement 

24 under this subparagraph— 


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1 ‘‘(I) the maximum credit subsidy 

2 that will be paid by the Federal Gov3 ernment shall be limited to 10 percent 

4 of the principal amount of the secured 

5 loan; and 

6 ‘‘(II) the obligor shall be respon7 sible for paying the remainder of the 

8 subsidy cost. 

9 ‘‘(7) FEES.—The Secretary may establish fees 

10 at a level sufficient to cover all or a portion of the 

11 costs to the Federal Government of making a se12 cured loan under this section. 

13 ‘‘(8) NON-FEDERAL SHARE.—The proceeds of a 

14 secured loan under this chapter may be used for any 

15 non-Federal share of project costs required under 

16 this title or chapter 53 of title 49, if the loan is re17 payable from non-Federal funds. 

18 ‘‘(9) MAXIMUM FEDERAL INVOLVEMENT.—The 

19 total Federal assistance provided on a project receiv20 ing a loan under this chapter shall not exceed 80 

21 percent of the total project cost. 

22 ‘‘(c) REPAYMENT.— 

23 ‘‘(1) SCHEDULE.—The Secretary shall establish 

24 a repayment schedule for each secured loan under 

25 this section based on the projected cash flow from 


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1 project revenues and other repayment sources, and 

2 the useful life of the project. 

3 ‘‘(2) COMMENCEMENT.—Scheduled loan repay4 ments of principal or interest on a secured loan 

5 under this section shall commence not later than 5 

6 years after the date of substantial completion of the 

7 project. 

8 ‘‘(3) DEFERRED PAYMENTS.— 

9 ‘‘(A) AUTHORIZATION.—If, at any time 

10 after the date of substantial completion of the 

11 project, the project is unable to generate suffi12 cient revenues to pay the scheduled loan repay13 ments of principal and interest on the secured 

14 loan, the Secretary may, subject to subpara15 graph (C), allow the obligor to add unpaid prin16 cipal and interest to the outstanding balance of 

17 the secured loan. 

18 ‘‘(B) INTEREST.—Any payment deferred 

19 under subparagraph (A) shall— 

20 ‘‘(i) continue to accrue interest in ac21 cordance with subsection (b)(4) until fully 

22 repaid; and 

23 ‘‘(ii) be scheduled to be amortized 

24 over the remaining term of the loan. 

25 ‘‘(C) CRITERIA.— 


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1 ‘‘(i) IN GENERAL.—Any payment de2 ferral under subparagraph (A) shall be 

3 contingent on the project meeting criteria 

4 established by the Secretary. 

5 ‘‘(ii) REPAYMENT STANDARDS.—The 

6 criteria established under clause (i) shall 

7 include standards for reasonable assurance 

8 of repayment. 

9 ‘‘(4) PREPAYMENT.— 

10 ‘‘(A) USE OF EXCESS REVENUES.—Any 

11 excess revenues that remain after satisfying 

12 scheduled debt service requirements on the 

13 project obligations and secured loan and all de14 posit requirements under the terms of any trust 

15 agreement, bond resolution, or similar agree16 ment securing project obligations may be ap17 plied annually to prepay the secured loan with18 out penalty. 

19 ‘‘(B) USE OF PROCEEDS OF REFI20 NANCING.—The secured loan may be prepaid at 

21 any time without penalty from the proceeds of 

22 refinancing from non-Federal funding sources. 

23 ‘‘(d) SALE OF SECURED LOANS.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

25 as soon as practicable after substantial completion of 


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1 a project and after notifying the obligor, the Sec2 retary may sell to another entity or reoffer into the 

3 capital markets a secured loan for the project if the 

4 Secretary determines that the sale or reoffering can 

5 be made on favorable terms. 

6 ‘‘(2) CONSENT OF OBLIGOR.—In making a sale 

7 or reoffering under paragraph (1), the Secretary 

8 may not change the original terms and conditions of 

9 the secured loan without the written consent of the 

10 obligor. 

11 ‘‘(e) LOAN GUARANTEES.— 

12 ‘‘(1) IN GENERAL.—The Secretary may provide 

13 a loan guarantee to a lender in lieu of making a se14 cured loan if the Secretary determines that the 

15 budgetary cost of the loan guarantee is substantially 

16 the same as that of a secured loan. 

17 ‘‘(2) TERMS.—The terms of a guaranteed loan 

18 shall be consistent with the terms set forth in this 

19 section for a secured loan, except that the rate on 

20 the guaranteed loan and any prepayment features 

21 shall be negotiated between the obligor and the lend22 er, with the consent of the Secretary. 

23 ‘‘§ 604. Lines of credit 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) AGREEMENTS.—Subject to paragraphs (2) 

2 through (4), the Secretary may enter into agree3 ments to make available lines of credit to 1 or more 

4 obligors in the form of direct loans to be made by 

5 the Secretary at future dates on the occurrence of 

6 certain events for any project selected under section 

7 602. 

8 ‘‘(2) USE OF PROCEEDS.—The proceeds of a 

9 line of credit made available under this section shall 

10 be available to pay debt service on project obliga11 tions issued to finance eligible project costs, extraor12 dinary repair and replacement costs, operation and 

13 maintenance expenses, and costs associated with un14 expected Federal or State environmental restrictions. 

15 ‘‘(3) RISK ASSESSMENT.—Before entering into 

16 an agreement under this subsection, the Secretary, 

17 in consultation with the Director of the Office of 

18 Management and Budget and each rating agency 

19 providing a preliminary rating opinion letter under 

20 section 602(b)(3), shall determine an appropriate 

21 capital reserve subsidy amount for each line of cred22 it, taking into account the rating opinion letter. 

23 ‘‘(4) INVESTMENT-GRADE RATING REQUIRE24 MENT.—The funding of a line of credit under this 

25 section shall be contingent on the senior obligations 


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1 of the project receiving an investment-grade rating 

2 from 2 rating agencies. 

3 ‘‘(b) TERMS AND LIMITATIONS.— 

4 ‘‘(1) IN GENERAL.—A line of credit under this 

5 section with respect to a project shall be on such 

6 terms and conditions and contain such covenants, 

7 representations, warranties, and requirements (in8 cluding requirements for audits) as the Secretary de9 termines appropriate. 

10 ‘‘(2) MAXIMUM AMOUNTS.—The total amount 

11 of the line of credit shall not exceed 33 percent of 

12 the reasonably anticipated eligible project costs. 

13 ‘‘(3) DRAWS.—Any draw on the line of credit 

14 shall represent a direct loan and shall be made only 

15 if net revenues from the project (including capital16 ized interest but not including reasonably required 

17 financing reserves) are insufficient to pay the costs 

18 specified in subsection (a)(2). 

19 ‘‘(4) INTEREST RATE.—Except as otherwise 

20 provided in subparagraphs (B) and (C) of section 

21 603(b)(4), the interest rate on a direct loan result22 ing from a draw on the line of credit shall be not 

23 less than the yield on 30-year United States Treas24 ury securities as of the date of execution of the line 

25 of credit agreement. 


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1 ‘‘(5) SECURITY.—The line of credit— 

2 ‘‘(A) shall— 

3 ‘‘(i) be payable, in whole or in part, 

4 from tolls, user fees, or other dedicated 

5 revenue sources that also secure the senior 

6 project obligations; and 

7 ‘‘(ii) include a rate covenant, coverage 

8 requirement, or similar security feature 

9 supporting the project obligations; and 

10 ‘‘(B) may have a lien on revenues de11 scribed in subparagraph (A) subject to any lien 

12 securing project obligations. 

13 ‘‘(6) PERIOD OF AVAILABILITY.—The full 

14 amount of the line of credit, to the extent not drawn 

15 upon, shall be available during the period beginning 

16 on the date of substantial completion of the project 

17 and ending not later than 10 years after that date. 

18 ‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.— 

19 ‘‘(A) AGAINST FEDERAL GOVERNMENT.—A 

20 third-party creditor of the obligor shall not have 

21 any right against the Federal Government with 

22 respect to any draw on the line of credit. 

23 ‘‘(B) ASSIGNMENT.—An obligor may as24 sign the line of credit to 1 or more lenders or 

25 to a trustee on the behalf of the lenders. 


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1 ‘‘(8) NONSUBORDINATION.— 

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

3 subparagraphs (B) and (C), a direct loan under 

4 this section shall not be subordinated to the 

5 claims of any holder of project obligations in 

6 the event of bankruptcy, insolvency, or liquida7 tion of the obligor. 

8 ‘‘(B) PRE-EXISTING INDENTURE.— 

9 ‘‘(i) IN GENERAL.—The Secretary 

10 shall waive subparagraph (A) for public 

11 agency borrowers that are financing ongo12 ing capital programs and have outstanding 

13 senior bonds under a pre-existing inden14 ture, if— 

15 ‘‘(I) the line of credit is rated in 

16 the A-category or higher; 

17 ‘‘(II) the TIFIA program loan 

18 resulting from a draw on the line of 

19 credit is payable from pledged reve20 nues not affected by project perform21 ance, such as a tax-backed revenue 

22 pledge or a system-backed pledge of 

23 project revenues; and 


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1 ‘‘(III) the TIFIA program share 

2 of eligible project costs is 33 percent 

3 or less. 

4 ‘‘(ii) LIMITATION.—If the Secretary 

5 waives the nonsubordination requirement 

6 under this subparagraph— 

7 ‘‘(I) the maximum credit subsidy 

8 that will be paid by the Federal Gov9 ernment shall be limited to 10 percent 

10 of the principal amount of the secured 

11 loan; and 

12 ‘‘(II) the obligor shall be respon13 sible for paying the remainder of the 

14 subsidy cost. 

15 ‘‘(9) FEES.—The Secretary may establish fees 

16 at a level sufficient to cover all or a portion of the 

17 costs to the Federal Government of providing a line 

18 of credit under this section. 

19 ‘‘(10) RELATIONSHIP TO OTHER CREDIT IN20 STRUMENTS.—A project that receives a line of credit 

21 under this section shall not also receive a secured 

22 loan or loan guarantee under section 603 in an 

23 amount that, combined with the amount of the line 

24 of credit, exceeds 49 percent of eligible project costs. 

25 ‘‘(c) REPAYMENT.— 


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1 ‘‘(1) TERMS AND CONDITIONS.—The Secretary 

2 shall establish repayment terms and conditions for 

3 each direct loan under this section based on the pro4 jected cash flow from project revenues and other re5 payment sources, and the useful life of the asset 

6 being financed. 

7 ‘‘(2) TIMING.—All repayments of principal or 

8 interest on a direct loan under this section shall be 

9 scheduled to commence not later than 5 years after 

10 the end of the period of availability specified in sub11 section (b)(6) and to conclude, with full repayment 

12 of principal and interest, by the date that is 25 

13 years after the end of the period of availability speci14 fied in subsection (b)(6). 

15 ‘‘§ 605. Program administration 

16 ‘‘(a) REQUIREMENT.—The Secretary shall establish 

17 a uniform system to service the Federal credit instruments 

18 made available under this chapter. 

19 ‘‘(b) FEES.—The Secretary may collect and spend 

20 fees, contingent upon authority being provided in appro21 priations Acts, at a level that is sufficient to cover— 

22 ‘‘(1) the costs of services of expert firms re23 tained pursuant to subsection (d); and 


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1 ‘‘(2) all or a portion of the costs to the Federal 

2 Government of servicing the Federal credit instru3 ments. 

4 ‘‘(c) SERVICER.— 

5 ‘‘(1) IN GENERAL.—The Secretary may appoint 

6 a financial entity to assist the Secretary in servicing 

7 the Federal credit instruments. 

8 ‘‘(2) DUTIES.—The servicer shall act as the 

9 agent for the Secretary. 

10 ‘‘(3) FEE.—The servicer shall receive a serv11 icing fee, subject to approval by the Secretary. 

12 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec13 retary may retain the services of expert firms, including 

14 counsel, in the field of municipal and project finance to 

15 assist in the underwriting and servicing of Federal credit 

16 instruments. 

17 ‘‘§ 606. State and local permits 

18 ‘‘The provision of credit assistance under this chapter 

19 with respect to a project shall not— 

20 ‘‘(1) relieve any recipient of the assistance of 

21 any obligation to obtain any required State or local 

22 permit or approval with respect to the project; 

23 ‘‘(2) limit the right of any unit of State or local 

24 government to approve or regulate any rate of re25 turn on private equity invested in the project; or 


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1 ‘‘(3) otherwise supersede any State or local law 

2 (including any regulation) applicable to the construc3 tion or operation of the project. 

4 ‘‘§ 607. Regulations 

5 ‘‘The Secretary may promulgate such regulations as 

6 the Secretary determines appropriate to carry out this 

7 chapter. 

8 ‘‘§ 608. Funding 

9 ‘‘(a) FUNDING.— 

10 ‘‘(1) SPENDING AND BORROWING AUTHOR11 ITY.—Spending and borrowing authority for a fiscal 

12 year to enter into Federal credit instruments shall 

13 be promptly apportioned to the Secretary on a fiscal 

14 year basis. 

15 ‘‘(2) REESTIMATES.—When the estimated cost 

16 of a loan or loans is reestimated, the cost of the re17 estimate shall be borne by or benefit the general 

18 fund of the Treasury, consistent with section 661c(f) 

19 of title 2, United States Code. 

20 ‘‘(3) RURAL SET-ASIDE.— 

21 ‘‘(A) IN GENERAL.—Of the total amount 

22 of funds made available to carry out this chap23 ter for each fiscal year, 10 percent shall be set 

24 aside for rural infrastructure projects. 


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1 ‘‘(B) REOBLIGATION.—Any amounts set 

2 aside under subparagraph (A) that remain un3 obligated by June 1 of the fiscal year for which 

4 the amounts were set aside shall be available 

5 for obligation by the Secretary on projects other 

6 than rural infrastructure projects. 

7 ‘‘(4) REDISTRIBUTION OF AUTHORIZED FUND8 ING.— 

9 ‘‘(A) IN GENERAL.—Beginning in the sec10 ond fiscal year after the date of enactment of 

11 this paragraph, on August 1 of that fiscal year, 

12 and each fiscal year thereafter, if the unobli13 gated and uncommitted balance of funding 

14 available exceeds 150 percent of the amount 

15 made available to carry out this chapter for 

16 that fiscal year, the Secretary shall distribute to 

17 the States the amount of funds and associated 

18 obligation authority in excess of that amount. 

19 ‘‘(B) DISTRIBUTION.—The amounts and 

20 obligation authority distributed under this para21 graph shall be distributed, in the same manner 

22 as obligation authority is distributed to the 

23 States for the fiscal year, based on the propor24 tion that— 


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1 ‘‘(i) the relative share of each State of 

2 obligation authority for the fiscal year; 

3 bears to 

4 ‘‘(ii) the total amount of obligation 

5 authority distributed to all States for the 

6 fiscal year. 

7 ‘‘(C) PURPOSE.—Funds distributed under 

8 subparagraph (B) shall be available for any 

9 purpose described in section 133(c). 

10 ‘‘(5) AVAILABILITY.—Amounts made available 

11 to carry out this chapter shall remain available until 

12 expended. 

13 ‘‘(6) ADMINISTRATIVE COSTS.—Of the amounts 

14 made available to carry out this chapter, the Sec15 retary may use not more than 1 percent for each fis16 cal year for the administration of this chapter. 

17 ‘‘(b) CONTRACT AUTHORITY.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding any other 

19 provision of law, execution of a term sheet by the 

20 Secretary of a Federal credit instrument that uses 

21 amounts made available under this chapter shall im22 pose on the United States a contractual obligation to 

23 fund the Federal credit investment. 

24 ‘‘(2) AVAILABILITY.—Amounts made available 

25 to carry out this chapter for a fiscal year shall be 


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1 available for obligation on October 1 of the fiscal 

2 year. 

3 ‘‘§ 609. Reports to Congress 

4 ‘‘On June 1, 2012, and every 2 years thereafter, the 

5 Secretary shall submit to Congress a report summarizing 

6 the financial performance of the projects that are receiv7 ing, or have received, assistance under this chapter (other 

8 than section 610), including a recommendation as to 

9 whether the objectives of this chapter (other than section 

10 610) are best served— 

11 ‘‘(1) by continuing the program under the au12 thority of the Secretary; 

13 ‘‘(2) by establishing a Federal corporation or 

14 federally sponsored enterprise to administer the pro15 gram; or 

16 ‘‘(3) by phasing out the program and relying on 

17 the capital markets to fund the types of infrastruc18 ture investments assisted by this chapter (other than 

19 section 610) without Federal participation.’’. 

20 SEC. 2003. STATE INFRASTRUCTURE BANKS. 

21 Section 610(d)(1)(A) of title 23, United States Code, 

22 is amended by striking ‘‘sections 104(b)(1)’’ and all that 

23 follows though the semicolon and inserting ‘‘paragraphs 

24 (1) and (2) of section 104(b)’’. 


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1 TITLE III—HIGHWAY SPENDING 

2 CONTROLS 

3 SEC. 3001. HIGHWAY SPENDING CONTROLS. 

4 (a) IN GENERAL.—Title 23, United States Code, is 

5 amended by adding at the end the following: 

CHAPTER 7—HIGHWAY SPENDING CONTROLS

Sec. 

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

6 ‘‘SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGH7 WAY TRUST FUND. 

8 ‘‘(a) SOLVENCY CALCULATION FOR FISCAL YEAR

9 2012.— 

10 ‘‘(1) ADJUSTMENT OF OBLIGATION LIMITA11 TION.—Not later than 60 days after the date of en12 actment of the MAP–21, the Secretary, in consulta13 tion with the Secretary of Treasury, shall: 

14 ‘‘(A) Estimate the balance of the Highway 

15 Trust Fund (other than the Mass Transit Ac16 count) at the end of fiscal years 2012 and 

17 2013. For purposes of which estimation, the 

18 Secretary shall assume that the obligation limi19 tation on Federal-aid highways and highway 

20 safety construction programs will be equal to 

21 the obligation limitations enacted for those fis22 cal years in the MAP–21. 


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1 ‘‘(B) Determine if the estimated balance of 

2 the Highway Trust Fund (other than the Mass 

3 Transit Account) would fall below— 

4 ‘‘(i) $2,000,000,000 at the end of fis5 cal year 2012; or 

6 ‘‘(ii) $1,000,000,000 at the end of fis7 cal year 2013. 

8 ‘‘(C) If either of the conditions in subpara9 graph (B) would occur, calculate the amount by 

10 which the fiscal year 2012 obligation limitation 

11 must be reduced to prevent such occurrence. 

12 For purposes of this calculation, the Secretary 

13 shall assume that the obligation limitation on 

14 Federal-aid highways and highway safety con15 struction programs for the fiscal year 2013 will 

16 be equal to the obligation limitation for fiscal 

17 year 2012, as reduced pursuant to this sub18 paragraph. 

19 ‘‘(D) Adjust the distribution of the fiscal 

20 year 2012 obligation limitation to reflect any 

21 reduction determined under subparagraph (C). 

22 ‘‘(2) LAPSE AND RESCISSION.— 

23 ‘‘(A) LAPSE OF OBLIGATION LIMITA24 TION.—Any obligation limitation that is with25 drawn by the Secretary pursuant to paragraph 


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1 (1)(D) shall lapse immediately following the ad2 justment of obligation limitation under such 

3 paragraph. 

4 ‘‘(B) RESCISSION OF CONTRACT AUTHOR5 ITY.—Upon the lapse of any obligation limita6 tion under subparagraph (A), the Secretary 

7 shall reduce proportionately the amount author8 ized to be appropriated from the Highway 

9 Trust Fund (other than the Mass Transit Ac10 count) for fiscal year 2012 to carry out each of 

11 the Federal-aid highway and highway safety 

12 construction programs (other than emergency 

13 relief and funds under the national highway 

14 performance program that are exempt from the 

15 fiscal year 2012 obligation limitation) by an ag16 gregate amount equal to the amount of adjust17 ment determined pursuant to paragraph (1)(D). 

18 The amounts withdrawn pursuant to this sub19 paragraph are permanently rescinded. 

20 ‘‘(b) SOLVENCY CALCULATION FOR FISCAL YEAR

21 2013 AND FISCAL YEARS THEREAFTER.— 

22 ‘‘(1) ADJUSTMENT OF OBLIGATION LIMITA23 TION.—Except as provided in paragraph (2), in dis24 tributing the obligation limitation on Federal-aid 

25 highways and highway safety construction programs 


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1 for fiscal year 2013 and each fiscal year thereafter, 

2 the Secretary shall— 

3 ‘‘(A) estimate the balance of the Highway 

4 Trust Fund (other than the Mass Transit Ac5 count) at the end of such fiscal year and the 

6 end of the next fiscal year, for purposes of 

7 which estimation, the Secretary shall assume 

8 that the obligation limitation on Federal-aid 

9 highways and highway safety construction pro10 grams for the next fiscal year will be equal to 

11 the obligation limitation enacted for the fiscal 

12 year for which the limitation is being distrib13 uted; 

14 ‘‘(B) determine whether the estimated bal15 ance of the Highway Trust Fund (other than 

16 the Mass Transit Account) would fall below 

17 $2,000,000,000 at the end of the fiscal year for 

18 which the obligation limitation is being distrib19 uted; 

20 ‘‘(C) if the condition in subparagraph (B) 

21 would occur, calculate the amount by which the 

22 obligation limitation in the fiscal year for which 

23 the obligation limitation is being distributed 

24 must be reduced to prevent that occurrence; 

25 and 


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1 ‘‘(D) distribute such obligation limitation 

2 less any amount determined under subpara3 graph (C). 

4 ‘‘(2) LAPSE AND RESCISSION.— 

5 ‘‘(A) OBLIGATION LIMITATION.— 

6 ‘‘(i) RECALCULATION.—In a fiscal 

7 year in which the Secretary withholds obli8 gation limitation based on the calculation 

9 under paragraph (1), the Secretary shall, 

10 on March 1 of such fiscal year, repeat the 

11 calculations under subparagraphs (A) 

12 through (C) of such paragraph. Based on 

13 the results of those calculations, the Sec14 retary shall— 

15 ‘‘(I) if the Secretary determines 

16 that either of the conditions in para17 graph (1)(B) would occur, withdraw 

18 an additional amount of obligation 

19 limitation necessary to prevent such 

20 occurrence; or 

21 ‘‘(II) distribute as much of the 

22 withheld obligation limitation as may 

23 be distributed without causing either 

24 of the conditions specified in para25 graph (1)(B) to occur. 


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1 ‘‘(ii) LAPSE.—Any obligation limita2 tion that is enacted for a fiscal year, with3 held from distribution pursuant to para4 graph (1)(D) (or withdrawn under clause 

5 (i)(I)), and not subsequently distributed 

6 under clause (i)(II) shall lapse immediately 

7 following the distribution of obligation lim8 itation under such clause. 

9 ‘‘(B) CONTRACT AUTHORITY.— 

10 ‘‘(i) IN GENERAL.—Upon the lapse of 

11 any obligation limitation under subpara12 graph (A)(ii), an equal amount of the un13 obligated balances of funds apportioned 

14 among the States under chapter 1 and sec15 tions 1116, 1303, and 1404 of the 

16 SAFETEA–LU (119 Stat. 1177, 1207, 

17 and 1228) are permanently rescinded. In 

18 administering the rescission required under 

19 this clause, the Secretary shall allow each 

20 State to determine the amount of the re21 quired rescission to be drawn from the pro22 grams to which the rescission applies, ex23 cept as provided in clause (ii). 

24 ‘‘(ii) RESCISSION OF FUNDS APPOR25 TIONED IN FISCAL YEAR 2013 AND FISCAL


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1 YEARS THEREAFTER.—If a State deter2 mines that it will meet any of its required 

3 rescission amount from funds apportioned 

4 to such State on or subsequent to October 

5 1, 2012, the Secretary shall determine the 

6 amount to be rescinded from each of the 

7 programs subject to the rescission for 

8 which the State was apportioned funds on 

9 or subsequent to October 1, 2012, in pro10 portion to the cumulative amount of appor11 tionments that the State received for each 

12 such program on or subsequent to October 

13 1, 2012. 

14 ‘‘(3) OTHER ACTIONS TO PREVENT INSOL15 VENCY.—The Secretary shall issue a regulation to 

16 establish any actions in addition to those described 

17 in subsection (a) and paragraph (1) that may be 

18 taken by the Secretary if it becomes apparent that 

19 the Highway Trust Fund (other than the Mass 

20 Transit Account) will become insolvent, including 

21 the denial of further obligations. 

22 ‘‘(4) APPLICABLE ONLY TO FULL-YEAR LIMITA23 TION.—The requirements of paragraph (1) apply 

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1 tation and do not apply to partial-year limitations 

2 under continuing appropriations Acts.’’. 

3 (b) TABLE OF CHAPTERS.—The table of chapters for 

4 title 23, United States Code, is amended by inserting after 

5 the item relating to chapter 6 the following: 

‘‘7. Highway Spending Controls ............................................................... 701’’. 

6 DIVISION B—PUBLIC 

7 TRANSPORTATION 

8 SEC. 20001. SHORT TITLE. 

9 This division may be cited as the ‘‘Federal Public 

10 Transportation Act of 2012’’. 

11 SEC. 20002. REPEALS. 

12 (a) CHAPTER 53.—Chapter 53 of title 49, United 

13 States Code, is amended by striking sections 5316, 5317, 

14 5321, 5324, 5328, and 5339. 

15 (b) TRANSPORTATION EQUITY ACT FOR THE 21ST

16 CENTURY.—Section 3038 of the Transportation Equity 

17 Act for the 21st Century (49 U.S.C. 5310 note) is re18 pealed. 

19 (c) SAFETEA–LU.—The following provisions are 

20 repealed: 

21 (1) Section 3009(i) of SAFETEA–LU (Public 

22 Law 109–59; 119 Stat. 1572). 

23 (2) Section 3011(c) of SAFETEA–LU (49 

24 U.S.C. 5309 note). 


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1 (3) Section 3012(b) of SAFETEA–LU (49 

2 U.S.C. 5310 note). 

3 (4) Section 3045 of SAFETEA–LU (49 U.S.C. 

4 5308 note). 

5 (5) Section 3046 of SAFETEA–LU (49 U.S.C. 

6 5338 note). 

7 SEC. 20003. POLICIES, PURPOSES, AND GOALS. 

8 Section 5301 of title 49, United States Code, is 

9 amended to read as follows: 

10 ‘‘§ 5301. Policies, purposes, and goals 

11 ‘‘(a) DECLARATION OF POLICY.—It is in the interest 

12 of the United States, including the economic interest of 

13 the United States, to foster the development and revital14 ization of public transportation systems. 

15 ‘‘(b) GENERAL PURPOSES.—The purposes of this 

16 chapter are to— 

17 ‘‘(1) provide funding to support public trans18 portation; 

19 ‘‘(2) improve the development and delivery of 

20 capital projects; 

21 ‘‘(3) initiate a new framework for improving the 

22 safety of public transportation systems; 

23 ‘‘(4) establish standards for the state of good 

24 repair of public transportation infrastructure and ve25 hicles; 


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1 ‘‘(5) promote continuing, cooperative, and com2 prehensive planning that improves the performance 

3 of the transportation network; 

4 ‘‘(6) establish a technical assistance program to 

5 assist recipients under this chapter to more effec6 tively and efficiently provide public transportation 

7 service; 

8 ‘‘(7) continue Federal support for public trans9 portation providers to deliver high quality service to 

10 all users, including individuals with disabilities, sen11 iors, and individuals who depend on public transpor12 tation; 

13 ‘‘(8) support research, development, demonstra14 tion, and deployment projects dedicated to assisting 

15 in the delivery of efficient and effective public trans16 portation service; and 

17 ‘‘(9) promote the development of the public 

18 transportation workforce. 

19 ‘‘(c) NATIONAL GOALS.—The goals of this chapter 

20 are to— 

21 ‘‘(1) increase the availability and accessibility of 

22 public transportation across a balanced, multimodal 

23 transportation network; 

24 ‘‘(2) promote the environmental benefits of pub25 lic transportation, including reduced reliance on fosVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 sil fuels, fewer harmful emissions, and lower public 

2 health expenditures; 

3 ‘‘(3) improve the safety of public transportation 

4 systems; 

5 ‘‘(4) achieve and maintain a state of good re6 pair of public transportation infrastructure and vehi7 cles; 

8 ‘‘(5) provide an efficient and reliable alternative 

9 to congested roadways; 

10 ‘‘(6) increase the affordability of transportation 

11 for all users; and 

12 ‘‘(7) maximize economic development opportuni13 ties by— 

14 ‘‘(A) connecting workers to jobs; 

15 ‘‘(B) encouraging mixed-use, transit-ori16 ented development; and 

17 ‘‘(C) leveraging private investment and 

18 joint development.’’. 

19 SEC. 20004. DEFINITIONS. 

20 Section 5302 of title 49, United States Code, is 

21 amended to read as follows: 

22 ‘‘§ 5302. Definitions 

23 ‘‘Except as otherwise specifically provided, in this 

24 chapter the following definitions apply: 


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1 ‘‘(1) ASSOCIATED TRANSIT IMPROVEMENT.— 

2 The term ‘associated transit improvement’ means, 

3 with respect to any project or an area to be served 

4 by a project, projects that are designed to enhance 

5 public transportation service or use and that are 

6 physically or functionally related to transit facilities. 

7 Eligible projects are— 

8 ‘‘(A) historic preservation, rehabilitation, 

9 and operation of historic public transportation 

10 buildings, structures, and facilities (including 

11 historic bus and railroad facilities) intended for 

12 use in public transportation service; 

13 ‘‘(B) bus shelters; 

14 ‘‘(C) landscaping and streetscaping, includ15 ing benches, trash receptacles, and street lights; 

16 ‘‘(D) pedestrian access and walkways; 

17 ‘‘(E) bicycle access, including bicycle stor18 age facilities and installing equipment for trans19 porting bicycles on public transportation vehi20 cles; 

21 ‘‘(F) signage; or 

22 ‘‘(G) enhanced access for persons with dis23 abilities to public transportation. 


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1 ‘‘(2) BUS RAPID TRANSIT SYSTEM.—The term 

2 ‘bus rapid transit system’ means a bus transit sys3 tem— 

4 ‘‘(A) in which the majority of each line op5 erates in a separated right-of-way dedicated for 

6 public transportation use during peak periods; 

7 and 

8 ‘‘(B) that includes features that emulate 

9 the services provided by rail fixed guideway 

10 public transportation systems, including— 

11 ‘‘(i) defined stations; 

12 ‘‘(ii) traffic signal priority for public 

13 transportation vehicles; 

14 ‘‘(iii) short headway bidirectional serv15 ices for a substantial part of weekdays and 

16 weekend days; and 

17 ‘‘(iv) any other features the Secretary 

18 may determine are necessary to produce 

19 high-quality public transportation services 

20 that emulate the services provided by rail 

21 fixed guideway public transportation sys22 tems. 

23 ‘‘(3) CAPITAL PROJECT.—The term ‘capital 

24 project’ means a project for— 


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1 ‘‘(A) acquiring, constructing, supervising, 

2 or inspecting equipment or a facility for use in 

3 public transportation, expenses incidental to the 

4 acquisition or construction (including designing, 

5 engineering, location surveying, mapping, and 

6 acquiring rights-of-way), payments for the cap7 ital portions of rail trackage rights agreements, 

8 transit-related intelligent transportation sys9 tems, relocation assistance, acquiring replace10 ment housing sites, and acquiring, constructing, 

11 relocating, and rehabilitating replacement hous12 ing; 

13 ‘‘(B) rehabilitating a bus; 

14 ‘‘(C) remanufacturing a bus; 

15 ‘‘(D) overhauling rail rolling stock; 

16 ‘‘(E) preventive maintenance; 

17 ‘‘(F) leasing equipment or a facility for use 

18 in public transportation, subject to regulations 

19 that the Secretary prescribes limiting the leas20 ing arrangements to those that are more cost21 effective than purchase or construction; 

22 ‘‘(G) a joint development improvement 

23 that— 


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1 ‘‘(i) enhances economic development 

2 or incorporates private investment, such as 

3 commercial and residential development; 

4 ‘‘(ii)(I) enhances the effectiveness of 

5 public transportation and is related phys6 ically or functionally to public transpor7 tation; or 

8 ‘‘(II) establishes new or enhanced co9 ordination between public transportation 

10 and other transportation; 

11 ‘‘(iii) provides a fair share of revenue 

12 that will be used for public transportation; 

13 ‘‘(iv) provides that a person making 

14 an agreement to occupy space in a facility 

15 constructed under this paragraph shall pay 

16 a fair share of the costs of the facility 

17 through rental payments and other means; 

18 ‘‘(v) may include— 

19 ‘‘(I) property acquisition; 

20 ‘‘(II) demolition of existing struc21 tures; 

22 ‘‘(III) site preparation; 

23 ‘‘(IV) utilities; 

24 ‘‘(V) building foundations; 

25 ‘‘(VI) walkways; 


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1 ‘‘(VII) pedestrian and bicycle ac2 cess to a public transportation facility; 

3 ‘‘(VIII) construction, renovation, 

4 and improvement of intercity bus and 

5 intercity rail stations and terminals; 

6 ‘‘(IX) renovation and improve7 ment of historic transportation facili8 ties; 

9 ‘‘(X) open space; 

10 ‘‘(XI) safety and security equip11 ment and facilities (including lighting, 

12 surveillance, and related intelligent 

13 transportation system applications); 

14 ‘‘(XII) facilities that incorporate 

15 community services such as daycare 

16 or health care; 

17 ‘‘(XIII) a capital project for, and 

18 improving, equipment or a facility for 

19 an intermodal transfer facility or 

20 transportation mall; and 

21 ‘‘(XIV) construction of space for 

22 commercial uses; and 

23 ‘‘(vi) does not include outfitting of 

24 commercial space (other than an intercity 

25 bus or rail station or terminal) or a part 


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1 of a public facility not related to public 

2 transportation; 

3 ‘‘(H) the introduction of new technology, 

4 through innovative and improved products, into 

5 public transportation; 

6 ‘‘(I) the provision of nonfixed route para7 transit transportation services in accordance 

8 with section 223 of the Americans with Disabil9 ities Act of 1990 (42 U.S.C. 12143), but only 

10 for grant recipients that are in compliance with 

11 applicable requirements of that Act, including 

12 both fixed route and demand responsive service, 

13 and only for amounts not to exceed 10 percent 

14 of such recipient’s annual formula apportion15 ment under sections 5307 and 5311; 

16 ‘‘(J) establishing a debt service reserve, 

17 made up of deposits with a bondholder’s trust18 ee, to ensure the timely payment of principal 

19 and interest on bonds issued by a grant recipi20 ent to finance an eligible project under this 

21 chapter; 

22 ‘‘(K) mobility management— 

23 ‘‘(i) consisting of short-range planning 

24 and management activities and projects for 

25 improving coordination among public 


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1 transportation and other transportation 

2 service providers carried out by a recipient 

3 or subrecipient through an agreement en4 tered into with a person, including a gov5 ernmental entity, under this chapter (other 

6 than section 5309); but 

7 ‘‘(ii) excluding operating public trans8 portation services; or 

9 ‘‘(L) associated capital maintenance, in10 cluding— 

11 ‘‘(i) equipment, tires, tubes, and ma12 terial, each costing at least .5 percent of 

13 the current fair market value of rolling 

14 stock comparable to the rolling stock for 

15 which the equipment, tires, tubes, and ma16 terial are to be used; and 

17 ‘‘(ii) reconstruction of equipment and 

18 material, each of which after reconstruc19 tion will have a fair market value of at 

20 least .5 percent of the current fair market 

21 value of rolling stock comparable to the 

22 rolling stock for which the equipment and 

23 material will be used. 

24 ‘‘(4) DESIGNATED RECIPIENT.—The term ‘des25 ignated recipient’ means— 


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1 ‘‘(A) an entity designated, in accordance 

2 with the planning process under sections 5303 

3 and 5304, by the Governor of a State, respon4 sible local officials, and publicly owned opera5 tors of public transportation, to receive and ap6 portion amounts under section 5336 to urban7 ized areas of 200,000 or more in population; or 

8 ‘‘(B) a State or regional authority, if the 

9 authority is responsible under the laws of a 

10 State for a capital project and for financing 

11 and directly providing public transportation. 

12 ‘‘(5) DISABILITY.—The term ‘disability’ has the 

13 same meaning as in section 3(1) of the Americans 

14 with Disabilities Act of 1990 (42 U.S.C. 12102). 

15 ‘‘(6) EMERGENCY REGULATION.—The term 

16 ‘emergency regulation’ means a regulation— 

17 ‘‘(A) that is effective temporarily before 

18 the expiration of the otherwise specified periods 

19 of time for public notice and comment under 

20 section 5334(c); and 

21 ‘‘(B) prescribed by the Secretary as the re22 sult of a finding that a delay in the effective 

23 date of the regulation— 

24 ‘‘(i) would injure seriously an impor25 tant public interest; 


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1 ‘‘(ii) would frustrate substantially leg2 islative policy and intent; or 

3 ‘‘(iii) would damage seriously a person 

4 or class without serving an important pub5 lic interest. 

6 ‘‘(7) FIXED GUIDEWAY.—The term ‘fixed 

7 guideway’ means a public transportation facility— 

8 ‘‘(A) using and occupying a separate right9 of-way for the exclusive use of public transpor10 tation; 

11 ‘‘(B) using rail; 

12 ‘‘(C) using a fixed catenary system; 

13 ‘‘(D) for a passenger ferry system; or 

14 ‘‘(E) for a bus rapid transit system. 

15 ‘‘(8) GOVERNOR.—The term ‘Governor’— 

16 ‘‘(A) means the Governor of a State, the 

17 mayor of the District of Columbia, and the 

18 chief executive officer of a territory of the 

19 United States; and 

20 ‘‘(B) includes the designee of the Gov21 ernor. 

22 ‘‘(9) LOCAL GOVERNMENTAL AUTHORITY.—The 

23 term ‘local governmental authority’ includes— 

24 ‘‘(A) a political subdivision of a State; 


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1 ‘‘(B) an authority of at least 1 State or po2 litical subdivision of a State; 

3 ‘‘(C) an Indian tribe; and 

4 ‘‘(D) a public corporation, board, or com5 mission established under the laws of a State. 

6 ‘‘(10) LOW-INCOME INDIVIDUAL.—The term 

7 ‘low-income individual’ means an individual whose 

8 family income is at or below 150 percent of the pov9 erty line, as that term is defined in section 673(2) 

10 of the Community Services Block Grant Act (42 

11 U.S.C. 9902(2)), including any revision required by 

12 that section, for a family of the size involved. 

13 ‘‘(11) NET PROJECT COST.—The term ‘net 

14 project cost’ means the part of a project that reason15 ably cannot be financed from revenues. 

16 ‘‘(12) NEW BUS MODEL.—The term ‘new bus 

17 model’ means a bus model (including a model using 

18 alternative fuel)— 

19 ‘‘(A) that has not been used in public 

20 transportation in the United States before the 

21 date of production of the model; or 

22 ‘‘(B) used in public transportation in the 

23 United States, but being produced with a major 

24 change in configuration or components. 


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1 ‘‘(13) PUBLIC TRANSPORTATION.—The term 

2 ‘public transportation’— 

3 ‘‘(A) means regular, continuing shared-ride 

4 surface transportation services that are open to 

5 the general public or open to a segment of the 

6 general public defined by age, disability, or low 

7 income; and 

8 ‘‘(B) does not include— 

9 ‘‘(i) intercity passenger rail transpor10 tation provided by the entity described in 

11 chapter 243 (or a successor to such enti12 ty); 

13 ‘‘(ii) intercity bus service; 

14 ‘‘(iii) charter bus service; 

15 ‘‘(iv) school bus service; 

16 ‘‘(v) sightseeing service; 

17 ‘‘(vi) courtesy shuttle service for pa18 trons of one or more specific establish19 ments; or 

20 ‘‘(vii) intra-terminal or intra-facility 

21 shuttle services. 

22 ‘‘(14) REGULATION.—The term ‘regulation’ 

23 means any part of a statement of general or par24 ticular applicability of the Secretary designed to 


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1 carry out, interpret, or prescribe law or policy in 

2 carrying out this chapter. 

3 ‘‘(15) SECRETARY.—The term ‘Secretary’ 

4 means the Secretary of Transportation. 

5 ‘‘(16) SENIOR.—The term ‘senior’ means an in6 dividual who is 65 years of age or older. 

7 ‘‘(17) STATE.—The term ‘State’ means a State 

8 of the United States, the District of Columbia, Puer9 to Rico, the Northern Mariana Islands, Guam, 

10 American Samoa, and the Virgin Islands. 

11 ‘‘(18) STATE OF GOOD REPAIR.—The term 

12 ‘state of good repair’ has the meaning given that 

13 term by the Secretary, by rule, under section 

14 5326(b). 

15 ‘‘(19) TRANSIT.—The term ‘transit’ means 

16 public transportation. 

17 ‘‘(20) URBAN AREA.—The term ‘urban area’ 

18 means an area that includes a municipality or other 

19 built-up place that the Secretary, after considering 

20 local patterns and trends of urban growth, decides 

21 is appropriate for a local public transportation sys22 tem to serve individuals in the locality. 

23 ‘‘(21) URBANIZED AREA.—The term ‘urbanized 

24 area’ means an area encompassing a population of 

25 not less than 50,000 people that has been defined 


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1 and designated in the most recent decennial census 

2 as an ‘urbanized area’ by the Secretary of Com3 merce.’’. 

4 SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING. 

5 (a) IN GENERAL.—Section 5303 of title 49, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 5303. Metropolitan transportation planning 

8 ‘‘(a) POLICY.—It is in the national interest— 

9 ‘‘(1) to encourage and promote the safe, cost10 effective, and efficient management, operation, and 

11 development of surface transportation systems that 

12 will serve efficiently the mobility needs of individuals 

13 and freight, reduce transportation-related fatalities 

14 and serious injuries, and foster economic growth and 

15 development within and between States and urban16 ized areas, while fitting the needs and complexity of 

17 individual communities, maximizing value for tax18 payers, leveraging cooperative investments, and 

19 minimizing transportation-related fuel consumption 

20 and air pollution through the metropolitan and 

21 statewide transportation planning processes identi22 fied in this chapter; 

23 ‘‘(2) to encourage the continued improvement, 

24 evolution, and coordination of the metropolitan and 

25 statewide transportation planning processes by and 


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1 among metropolitan planning organizations, State 

2 departments of transportation, regional planning or3 ganizations, interstate partnerships, and public 

4 transportation and intercity service operators as 

5 guided by the planning factors identified in sub6 section (h) of this section and section 5304(d); 

7 ‘‘(3) to encourage and promote transportation 

8 needs and decisions that are integrated with other 

9 planning needs and priorities; and 

10 ‘‘(4) to maximize the effectiveness of transpor11 tation investments. 

12 ‘‘(b) DEFINITIONS.—In this section and section 

13 5304, the following definitions shall apply: 

14 ‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 

15 means a metropolitan planning organization that 

16 was designated as a metropolitan planning organiza17 tion on the day before the date of enactment of the 

18 Federal Public Transportation Act of 2012. 

19 ‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 

20 means any elected or appointed official of general 

21 purpose local government with responsibility for 

22 transportation in a designated area. 

23 ‘‘(3) MAINTENANCE AREA.—The term ‘mainte24 nance area’ means an area that was designated as 

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1 designated by the Administrator of the Environ2 mental Protection Agency as an air quality attain3 ment area, under section 107(d) of the Clean Air 

4 Act (42 U.S.C. 7407(d)). 

5 ‘‘(4) METROPOLITAN PLANNING AREA.—The 

6 term ‘metropolitan planning area’ means a geo7 graphical area determined by agreement between the 

8 metropolitan planning organization for the area and 

9 the applicable Governor under subsection (c). 

10 ‘‘(5) METROPOLITAN PLANNING ORGANIZA11 TION.—The term ‘metropolitan planning organiza12 tion’ means the policy board of an organization es13 tablished pursuant to subsection (c). 

14 ‘‘(6) METROPOLITAN TRANSPORTATION

15 PLAN.—The term ‘metropolitan transportation plan’ 

16 means a plan developed by a metropolitan planning 

17 organization under subsection (i). 

18 ‘‘(7) NONATTAINMENT AREA.—The term ‘non19 attainment area’ has the meaning given the term in 

20 section 171 of the Clean Air Act (42 U.S.C. 7501). 

21 ‘‘(8) NONMETROPOLITAN AREA.— 

22 ‘‘(A) IN GENERAL.—The term ‘nonmetro23 politan area’ means a geographical area outside 

24 the boundaries of a designated metropolitan 

25 planning area. 


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1 ‘‘(B) INCLUSIONS.—The term ‘nonmetro2 politan area’ includes— 

3 ‘‘(i) a small urbanized area with a 

4 population of more than 50,000, but fewer 

5 than 200,000 individuals, as calculated ac6 cording to the most recent decennial cen7 sus; and 

8 ‘‘(ii) a nonurbanized area. 

9 ‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA10 TION.—The term ‘nonmetropolitan planning organi11 zation’ means an organization that— 

12 ‘‘(A) was designated as a metropolitan 

13 planning organization as of the day before the 

14 date of enactment of the Federal Public Trans15 portation Act of 2012; and 

16 ‘‘(B) is not designated as a tier I MPO or 

17 tier II MPO. 

18 ‘‘(10) REGIONALLY SIGNIFICANT.—The term 

19 ‘regionally significant’, with respect to a transpor20 tation project, program, service, or strategy, means 

21 a project, program, service, or strategy that— 

22 ‘‘(A) serves regional transportation needs 

23 (such as access to and from the area outside of 

24 the region, major activity centers in the region, 

25 and major planned developments); and 


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1 ‘‘(B) would normally be included in the 

2 modeling of a transportation network of a met3 ropolitan area. 

4 ‘‘(11) RURAL PLANNING ORGANIZATION.—The 

5 term ‘rural planning organization’ means an organi6 zation that— 

7 ‘‘(A) is responsible for the planning, co8 ordination, and implementation of statewide 

9 transportation plans and programs outside of 

10 metropolitan areas, with an emphasis on ad11 dressing the needs of rural areas of a State; 

12 ‘‘(B) is not designated as a tier I MPO, a 

13 tier II MPO, or a nonmetropolitan planning or14 ganization. 

15 ‘‘(12) STATEWIDE TRANSPORTATION IMPROVE16 MENT PROGRAM.—The term ‘statewide transpor17 tation improvement program’ means a statewide 

18 transportation improvement program developed by a 

19 State under section 5304(g). 

20 ‘‘(13) STATEWIDE TRANSPORTATION PLAN.— 

21 The term ‘statewide transportation plan’ means a 

22 plan developed by a State under section 5304(f). 

23 ‘‘(14) TIER I MPO.—The term ‘tier I MPO’ 

24 means a metropolitan planning organization des25 ignated as a tier I MPO under subsection (e)(4)(A). 


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1 ‘‘(15) TIER II MPO.—The term ‘tier II MPO’ 

2 means a metropolitan planning organization des3 ignated as a tier II MPO under subsection 

4 (e)(4)(B). 

5 ‘‘(16) TRANSPORTATION IMPROVEMENT PRO6 GRAM.—The term ‘transportation improvement pro7 gram’ means a program developed by a metropolitan 

8 planning organization under subsection (j). 

9 ‘‘(17) URBANIZED AREA.—The term ‘urbanized 

10 area’ means a geographical area with a population 

11 of 50,000 or more individuals, as calculated accord12 ing to the most recent decennial census. 

13 ‘‘(c) DESIGNATION OF METROPOLITAN PLANNING

14 ORGANIZATIONS.— 

15 ‘‘(1) IN GENERAL.—To carry out the metropoli16 tan transportation planning process under this sec17 tion, a metropolitan planning organization shall be 

18 designated for each urbanized area with a population 

19 of 200,000 or more individuals, as calculated accord20 ing to the most recent decennial census— 

21 ‘‘(A) by agreement between the applicable 

22 Governor and local officials that, in the aggre23 gate, represent at least 75 percent of the af24 fected population (including the largest incor25 porated city (based on population), as calVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00639 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 culated according to the most recent decennial 

2 census); or 

3 ‘‘(B) in accordance with procedures estab4 lished by applicable State or local law. 

5 ‘‘(2) SMALL URBANIZED AREAS.—To carry out 

6 the metropolitan transportation planning process 

7 under this section, a metropolitan planning organiza8 tion may be designated for any urbanized area with 

9 a population of 50,000 or more individuals, but 

10 fewer than 200,000 individuals, as calculated accord11 ing to the most recent decennial census— 

12 ‘‘(A) by agreement between the applicable 

13 Governor and local officials that, in the aggre14 gate, represent at least 75 percent of the af15 fected population (including the largest incor16 porated city (based on population), as cal17 culated according to the most recent decennial 

18 census); and 

19 ‘‘(B) with the consent of the Secretary, 

20 based on a finding that the resulting metropoli21 tan planning organization has met the min22 imum requirements under subsection (e)(4)(B). 

23 ‘‘(3) STRUCTURE.—Not later than 1 year after 

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1 portation Act of 2012, a metropolitan planning orga2 nization shall consist of— 

3 ‘‘(A) elected local officials in the relevant 

4 metropolitan area; 

5 ‘‘(B) officials of public agencies that ad6 minister or operate major modes of transpor7 tation in the relevant metropolitan area, includ8 ing providers of public transportation; and 

9 ‘‘(C) appropriate State officials. 

10 ‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 

11 subsection interferes with any authority under any 

12 State law in effect on December 18, 1991, of a pub13 lic agency with multimodal transportation respon14 sibilities— 

15 ‘‘(A) to develop the metropolitan transpor16 tation plans and transportation improvement 

17 programs for adoption by a metropolitan plan18 ning organization; or 

19 ‘‘(B) to develop capital plans, coordinate 

20 public transportation services and projects, or 

21 carry out other activities pursuant to State law. 

22 ‘‘(5) CONTINUING DESIGNATION.— 

23 ‘‘(A) POPULATION OF 200,000 OR MORE.— 

24 A designation of an existing MPO for an urban25 ized area with a population of 200,000 or more 


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1 individuals, as calculated according to the most 

2 recent decennial census, shall remain in ef3 fect— 

4 ‘‘(i) for the period during which the 

5 structure of the existing MPO complies 

6 with the requirements of paragraph (1); or 

7 ‘‘(ii) until the date on which the exist8 ing MPO is redesignated under paragraph 

9 (6). 

10 ‘‘(B) POPULATION OF FEWER THAN

11 200,000.— 

12 ‘‘(i) IN GENERAL.—A designation of 

13 an existing MPO for an urbanized area 

14 with a population of fewer than 200,000 

15 individuals, as calculated according to the 

16 most recent decennial census, shall remain 

17 in effect until the date on which the exist18 ing MPO is redesignated under paragraph 

19 (6) unless— 

20 ‘‘(I) the existing MPO requests 

21 that its planning responsibilities be 

22 transferred to the State or to another 

23 planning organization designated by 

24 the State; or 


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1 ‘‘(II)(aa) the Secretary deter2 mines 3 years after the date on which 

3 the Secretary issues a rule pursuant 

4 to subsection (e)(4)(B)(i), that the ex5 isting MPO is not meeting the min6 imum requirements established by the 

7 rule; and 

8 ‘‘(bb) the Secretary approves the 

9 Governor’s determination. 

10 ‘‘(ii) WRITTEN JUSTIFICATION.—The 

11 Secretary shall in a timely manner provide 

12 a substantive written justification to each 

13 metropolitan planning organization that is 

14 the subject of a negative determination of 

15 the Secretary under clause (i)(II). 

16 ‘‘(C) EXTENSION.—If a metropolitan plan17 ning organization for an urbanized area with a 

18 population of less than 200,000 that would oth19 erwise be terminated under subparagraph (B), 

20 requests a probationary continuation before the 

21 termination of the metropolitan planning orga22 nization, the Secretary shall— 

23 ‘‘(i) delay the termination of the met24 ropolitan planning organization under sub25 paragraph (B) for a period of 1 year; 


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1 ‘‘(ii) provide additional technical as2 sistance to all metropolitan planning orga3 nizations provided an extension under this 

4 paragraph to assist the metropolitan plan5 ning organization in meeting the minimum 

6 requirements under subsection (e)(4)(B)(i); 

7 and 

8 ‘‘(iii) make a determination 1 year 

9 after the date on which the Secretary 

10 issues an extension, whether the MPO has 

11 meet the minimum requirements estab12 lished under subsection (e)(4)(B)(i). 

13 ‘‘(D) DESIGNATION AS TIER II MPO.—If 

14 the Secretary determines the existing MPO has 

15 met the minimum requirements under the rule 

16 issued under subsection (e)(4)(B)(i), the Sec17 retary shall designate the existing MPO as a 

18 tier II MPO. 

19 ‘‘(6) REDESIGNATION.— 

20 ‘‘(A) IN GENERAL.—The designation of a 

21 metropolitan planning organization under this 

22 subsection shall remain in effect until the date 

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1 ance with the requirements of this subsection 

2 pursuant to an agreement between— 

3 ‘‘(i) the applicable Governor; and 

4 ‘‘(ii) affected local officials who, in the 

5 aggregate, represent at least 75 percent of 

6 the existing metropolitan planning area 

7 population (including the largest incor8 porated city (based on population), as cal9 culated according to the most recent de10 cennial census). 

11 ‘‘(B) RESTRUCTURING.—A metropolitan 

12 planning organization may be restructured to 

13 meet the requirements of paragraph (3) without 

14 undertaking a redesignation. 

15 ‘‘(7) ABSENCE OF DESIGNATION.— 

16 ‘‘(A) IN GENERAL.—A metropolitan plan17 ning organization that is the subject of a nega18 tive determination of the Secretary under para19 graph (5)(B)(i)(II) shall submit to the State in 

20 which the metropolitan planning organization is 

21 located, or to a planning organization des22 ignated by the State, by not later than 180 

23 days after the date on which a notice of the 

24 negative determination is received, a 6-month 

25 plan that includes a description of a method— 


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1 ‘‘(i) to transfer the responsibilities of 

2 the metropolitan planning organization to 

3 the State; and 

4 ‘‘(ii) to dissolve the metropolitan plan5 ning organization. 

6 ‘‘(B) ACTION ON DISSOLUTION.—On sub7 mission of a plan under subparagraph (A), the 

8 metropolitan planning area served by the appli9 cable metropolitan planning organization 

10 shall— 

11 ‘‘(i) continue to receive metropolitan 

12 transportation planning funds until the 

13 earlier of— 

14 ‘‘(I) the date of dissolution of the 

15 metropolitan planning organization; 

16 and 

17 ‘‘(II) the date that is 4 years 

18 after the date of enactment of the 

19 Federal Public Transportation Act of 

20 2012; and 

21 ‘‘(ii) be treated by the State as a non22 metropolitan area for purposes of this 

23 chapter. 

24 ‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 


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1 ‘‘(A) IN GENERAL.—More than 1 metro2 politan planning organization may be des3 ignated within an existing metropolitan plan4 ning area only if the applicable Governor and 

5 an existing MPO determine that the size and 

6 complexity of the existing metropolitan planning 

7 area make the designation of more than 1 met8 ropolitan planning organization for the metro9 politan planning area appropriate. 

10 ‘‘(B) SERVICE JURISDICTIONS.—If more 

11 than 1 metropolitan planning organization is 

12 designated for an existing metropolitan plan13 ning area under subparagraph (A), the existing 

14 metropolitan planning area shall be split into 

15 multiple metropolitan planning areas, each of 

16 which shall be served by the existing MPO or 

17 a new metropolitan planning organization. 

18 ‘‘(C) TIER DESIGNATION.—The tier des19 ignation of each metropolitan planning organi20 zation subject to a designation under this para21 graph shall be determined based on the size of 

22 each respective metropolitan planning area, in 

23 accordance with subsection (e)(4). 

24 ‘‘(d) METROPOLITAN PLANNING AREA BOUND25 ARIES.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this sec2 tion, the boundaries of a metropolitan planning area 

3 shall be determined by agreement between the appli4 cable metropolitan planning organization and the 

5 Governor of the State in which the metropolitan 

6 planning area is located. 

7 ‘‘(2) INCLUDED AREA.—Each metropolitan 

8 planning area— 

9 ‘‘(A) shall encompass at least the relevant 

10 existing urbanized area and any contiguous 

11 area expected to become urbanized within a 20- 

12 year forecast period under the applicable metro13 politan transportation plan; and 

14 ‘‘(B) may encompass the entire relevant 

15 metropolitan statistical area, as defined by the 

16 Office of Management and Budget. 

17 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

18 AREAS.—The designation by the Bureau of the Cen19 sus of a new urbanized area within the boundaries 

20 of an existing metropolitan planning area shall not 

21 require the redesignation of the relevant existing 

22 MPO. 

23 ‘‘(4) NONATTAINMENT AND MAINTENANCE

24 AREAS.— 


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1 ‘‘(A) EXISTING METROPOLITAN PLANNING

2 AREAS.— 

3 ‘‘(i) IN GENERAL.—Except as pro4 vided in clause (ii), notwithstanding para5 graph (2), in the case of an urbanized area 

6 designated as a nonattainment area or 

7 maintenance area as of the date of enact8 ment of the Federal Public Transportation 

9 Act of 2012, the boundaries of the existing 

10 metropolitan planning area as of that date 

11 of enactment shall remain in force and ef12 fect. 

13 ‘‘(ii) EXCEPTION.—Notwithstanding 

14 clause (i), the boundaries of an existing 

15 metropolitan planning area described in 

16 that clause may be adjusted by agreement 

17 of the applicable Governor and the affected 

18 metropolitan planning organizations in ac19 cordance with paragraph (1). 

20 ‘‘(B) NEW METROPOLITAN PLANNING

21 AREAS.—In the case of an urbanized area des22 ignated as a nonattainment area or mainte23 nance area after the date of enactment of the 

24 Federal Public Transportation Act of 2012, the 


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1 boundaries of the applicable metropolitan plan2 ning area— 

3 ‘‘(i) shall be established in accordance 

4 with subsection (c)(1); 

5 ‘‘(ii) shall encompass the areas de6 scribed in paragraph (2)(A); 

7 ‘‘(iii) may encompass the areas de8 scribed in paragraph (2)(B); and 

9 ‘‘(iv) may address any appropriate 

10 nonattainment area or maintenance area. 

11 ‘‘(e) REQUIREMENTS.— 

12 ‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To 

13 accomplish the policy objectives described in sub14 section (a), each metropolitan planning organization, 

15 in cooperation with the applicable State and public 

16 transportation operators, shall develop metropolitan 

17 transportation plans and transportation improve18 ment programs for metropolitan planning areas of 

19 the State through a performance-driven, outcome20 based approach to metropolitan transportation plan21 ning consistent with subsection (h). 

22 ‘‘(2) CONTENTS.—The metropolitan transpor23 tation plans and transportation improvement pro24 grams for each metropolitan area shall provide for 

25 the development and integrated management and 


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1 operation of transportation systems and facilities 

2 (including accessible pedestrian walkways, bicycle 

3 transportation facilities, and intermodal facilities 

4 that support intercity transportation) that will func5 tion as— 

6 ‘‘(A) an intermodal transportation system 

7 for the metropolitan planning area; and 

8 ‘‘(B) an integral part of an intermodal 

9 transportation system for the applicable State 

10 and the United States. 

11 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

12 for developing metropolitan transportation plans and 

13 transportation improvement programs shall— 

14 ‘‘(A) provide for consideration of all modes 

15 of transportation; and 

16 ‘‘(B) be continuing, cooperative, and com17 prehensive to the degree appropriate, based on 

18 the complexity of the transportation needs to be 

19 addressed. 

20 ‘‘(4) TIERING.— 

21 ‘‘(A) TIER I MPOS.— 

22 ‘‘(i) IN GENERAL.—A metropolitan 

23 planning organization shall be designated 

24 as a tier I MPO if— 


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1 ‘‘(I) as certified by the Governor 

2 of each applicable State, the metro3 politan planning organization operates 

4 within, and primarily serves, a metro5 politan planning area with a popu6 lation of 1,000,000 or more individ7 uals, as calculated according to the 

8 most recent decennial census; and 

9 ‘‘(II) the Secretary determines 

10 the metropolitan planning organiza11 tion— 

12 ‘‘(aa) meets the minimum 

13 technical requirements under 

14 clause (iv); and 

15 ‘‘(bb) not later than 2 years 

16 after the date of enactment of 

17 the Federal Public Transpor18 tation Act of 2012, will fully im19 plement the processes described 

20 in subsections (h) though (j). 

21 ‘‘(ii) ABSENCE OF DESIGNATION.—In 

22 the absence of designation as a tier I MPO 

23 under clause (i), a metropolitan planning 

24 organization shall operate as a tier II 

25 MPO until the date on which the Secretary 


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1 determines the metropolitan planning orga2 nization can meet the minimum technical 

3 requirements under clause (iv). 

4 ‘‘(iii) REDESIGNATION AS TIER I.—A 

5 metropolitan planning organization oper6 ating within a metropolitan planning area 

7 with a population of 200,000 or more and 

8 fewer than 1,000,000 individuals and pri9 marily within urbanized areas with popu10 lations of 200,000 or more individuals, as 

11 calculated according to the most recent de12 cennial census, that is designated as a tier 

13 II MPO under subparagraph (B) may re14 quest, with the support of the applicable 

15 Governor, a redesignation as a tier I MPO 

16 on a determination by the Secretary that 

17 the metropolitan planning organization has 

18 met the minimum technical requirements 

19 under clause (iv). 

20 ‘‘(iv) MINIMUM TECHNICAL REQUIRE21 MENTS.—Not later than 1 year after the 

22 date of enactment of the Federal Public 

23 Transportation Act of 2012, the Secretary 

24 shall issue a rule that establishes the min25 imum technical requirements necessary for 


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1 a metropolitan planning organization to be 

2 designated as a tier I MPO, including, at 

3 a minimum, modeling, data, staffing, and 

4 other technical requirements. 

5 ‘‘(B) TIER II MPOS.— 

6 ‘‘(i) IN GENERAL.—Not later than 1 

7 year after the date of enactment of the 

8 Federal Public Transportation Act of 

9 2012, the Secretary shall issue a rule that 

10 establishes minimum requirements nec11 essary for a metropolitan planning organi12 zation to be designated as a tier II MPO. 

13 ‘‘(ii) REQUIREMENTS.—The minimum 

14 requirements established under clause (i) 

15 shall— 

16 ‘‘(I) be limited to ensuring that 

17 each metropolitan planning organiza18 tion has the capabilities necessary to 

19 develop the metropolitan transpor20 tation plan and transportation im21 provement program under this sec22 tion; and 

23 ‘‘(II) include— 

24 ‘‘(aa) only the staffing capa25 bilities necessary to operate the 


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1 metropolitan planning organiza2 tion; and 

3 ‘‘(bb) a requirement that the 

4 metropolitan planning organiza5 tion has the technical capacity to 

6 conduct the travel demand model 

7 and forecasting necessary, as ap8 propriate to the size and re9 sources of the metropolitan plan10 ning organization, to fulfill the 

11 requirements of this section, ex12 cept that in cases in which a 

13 metropolitan planning organiza14 tion has a formal agreement with 

15 a State to conduct the modeling 

16 on behalf of the metropolitan 

17 planning organization, the metro18 politan planning organization 

19 shall be exempt from the tech20 nical capacity requirement. 

21 ‘‘(iii) LIMITATION.—The rule issued 

22 pursuant to this subparagraph shall only 

23 include the minimum requirements estab24 lished in clause (ii). 


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1 ‘‘(iv) INCLUSION.—A metropolitan 

2 planning organization operating primarily 

3 within an urbanized area with a population 

4 of 200,000 or more individuals, as cal5 culated according to the most recent de6 cennial census, and that does not qualify 

7 as a tier I MPO under subparagraph 

8 (A)(i), shall— 

9 ‘‘(I) be designated as a tier II 

10 MPO; and 

11 ‘‘(II) follow the processes under 

12 subsection (k). 

13 ‘‘(C) CONSOLIDATION.— 

14 ‘‘(i) IN GENERAL.—Metropolitan plan15 ning organizations operating within contig16 uous or adjacent urbanized areas may elect 

17 to consolidate in order to meet the popu18 lation thresholds required to achieve des19 ignation as a tier I or tier II MPO under 

20 this paragraph. 

21 ‘‘(ii) EFFECT OF SUBSECTION.— 

22 Nothing in this subsection requires or pre23 vents consolidation among multiple metro24 politan planning organizations located 

25 within a single urbanized area. 


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1 ‘‘(f) COORDINATION IN MULTISTATE AREAS.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall encour3 age each Governor with responsibility for a portion 

4 of a multistate metropolitan area and the appro5 priate metropolitan planning organizations to pro6 vide coordinated transportation planning for the en7 tire metropolitan area. 

8 ‘‘(2) COORDINATION ALONG DESIGNATED

9 TRANSPORTATION CORRIDORS.—The Secretary shall 

10 encourage each Governor with responsibility for a 

11 portion of a multistate metropolitan area and the 

12 appropriate metropolitan planning organizations to 

13 provide coordinated transportation planning for the 

14 entire designated transportation corridor. 

15 ‘‘(3) COORDINATION WITH INTERSTATE COM16 PACTS.—The Secretary shall encourage metropolitan 

17 planning organizations to take into consideration, 

18 during the development of metropolitan transpor19 tation plans and transportation improvement pro20 grams, any relevant transportation studies con21 cerning planning for regional transportation (includ22 ing high-speed and intercity rail corridor studies, 

23 commuter rail corridor studies, intermodal termi24 nals, and interstate highways) in support of freight, 

25 intercity, or multistate area projects and services 


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1 that have been developed pursuant to interstate com2 pacts or agreements, or by organizations established 

3 under section 5304. 

4 ‘‘(g) ENGAGEMENT IN METROPOLITAN TRANSPOR5 TATION PLAN AND TIP DEVELOPMENT.— 

6 ‘‘(1) NONATTAINMENT AND MAINTENANCE

7 AREAS.—If more than 1 metropolitan planning orga8 nization has authority within a metropolitan area, 

9 nonattainment area, or maintenance area, each met10 ropolitan planning organization shall consult with all 

11 other metropolitan planning organizations des12 ignated for the metropolitan area, nonattainment 

13 area, or maintenance area and the State in the de14 velopment of metropolitan transportation plans and 

15 transportation improvement programs under this 

16 section. 

17 ‘‘(2) TRANSPORTATION IMPROVEMENTS LO18 CATED IN MULTIPLE METROPOLITAN PLANNING

19 AREAS.—If a transportation improvement project 

20 funded under this chapter or title 23 is located with21 in the boundaries of more than 1 metropolitan plan22 ning area, the affected metropolitan planning orga23 nizations shall coordinate metropolitan transpor24 tation plans and transportation improvement pro25 grams regarding the project. 


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1 ‘‘(3) COORDINATION OF ADJACENT PLANNING

2 ORGANIZATIONS.— 

3 ‘‘(A) IN GENERAL.—A metropolitan plan4 ning organization that is adjacent or located in 

5 reasonably close proximity to another metropoli6 tan planning organization shall coordinate with 

7 that metropolitan planning organization with 

8 respect to planning processes, including prepa9 ration of metropolitan transportation plans and 

10 transportation improvement programs, to the 

11 maximum extent practicable. 

12 ‘‘(B) NONMETROPOLITAN PLANNING ORGA13 NIZATIONS.—A metropolitan planning organiza14 tion that is adjacent or located in reasonably 

15 close proximity to a nonmetropolitan planning 

16 organization shall consult with that nonmetro17 politan planning organization with respect to 

18 planning processes, to the maximum extent 

19 practicable. 

20 ‘‘(4) RELATIONSHIP WITH OTHER PLANNING

21 OFFICIALS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 encourage each metropolitan planning organiza24 tion to cooperate with Federal, State, tribal, 

25 and local officers and entities responsible for 


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1 other types of planning activities that are af2 fected by transportation in the relevant area 

3 (including planned growth, economic develop4 ment, infrastructure services, housing, other 

5 public services, environmental protection, air6 port operations, high-speed and intercity pas7 senger rail, freight rail, port access, and freight 

8 movements), to the maximum extent prac9 ticable, to ensure that the metropolitan trans10 portation planning process, metropolitan trans11 portation plans, and transportation improve12 ment programs are developed in cooperation 

13 with other related planning activities in the 

14 area. 

15 ‘‘(B) INCLUSION.—Cooperation under sub16 paragraph (A) shall include the design and de17 livery of transportation services within the met18 ropolitan area that are provided by— 

19 ‘‘(i) recipients of assistance under sec20 tions 202, 203, and 204 of title 23; 

21 ‘‘(ii) recipients of assistance under 

22 this title; 

23 ‘‘(iii) government agencies and non24 profit organizations (including representa25 tives of the agencies and organizations) 


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1 that receive Federal assistance from a 

2 source other than the Department of 

3 Transportation to provide nonemergency 

4 transportation services; and 

5 ‘‘(iv) sponsors of regionally significant 

6 programs, projects, and services that are 

7 related to transportation and receive as8 sistance from any public or private source. 

9 ‘‘(5) COORDINATION OF OTHER FEDERALLY RE10 QUIRED PLANNING PROGRAMS.—The Secretary shall 

11 encourage each metropolitan planning organization 

12 to coordinate, to the maximum extent practicable, 

13 the development of metropolitan transportation 

14 plans and transportation improvement programs 

15 with other relevant federally required planning pro16 grams. 

17 ‘‘(h) SCOPE OF PLANNING PROCESS.— 

18 ‘‘(1) IN GENERAL.—The metropolitan transpor19 tation planning process for a metropolitan planning 

20 area under this section shall provide for consider21 ation of projects and strategies that will— 

22 ‘‘(A) support the economic vitality of the 

23 metropolitan area, especially by enabling global 

24 competitiveness, travel and tourism (where ap25 plicable), productivity, and efficiency; 


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1 ‘‘(B) increase the safety of the transpor2 tation system for motorized and nonmotorized 

3 users; 

4 ‘‘(C) increase the security of the transpor5 tation system for motorized and nonmotorized 

6 users; 

7 ‘‘(D) increase the accessibility and mobility 

8 of individuals and freight; 

9 ‘‘(E) protect and enhance the environment, 

10 promote energy conservation, improve the qual11 ity of life, and promote consistency between 

12 transportation improvements and State and 

13 local planned growth and economic development 

14 patterns; 

15 ‘‘(F) enhance the integration and 

16 connectivity of the transportation system, 

17 across and between modes, for individuals and 

18 freight; 

19 ‘‘(G) increase efficient system management 

20 and operation; and 

21 ‘‘(H) emphasize the preservation of the ex22 isting transportation system. 

23 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

24 ‘‘(A) IN GENERAL.—The metropolitan 

25 transportation planning process shall provide 


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1 for the establishment and use of a performance2 based approach to transportation decision3 making to support the national goals described 

4 in section 5301(c) of this title and in section 

5 150(b) of title 23. 

6 ‘‘(B) PERFORMANCE TARGETS.— 

7 ‘‘(i) SURFACE TRANSPORTATION PER8 FORMANCE TARGETS.— 

9 ‘‘(I) IN GENERAL.—Each metro10 politan planning organization shall es11 tablish performance targets that ad12 dress the performance measures de13 scribed in sections 119(f), 148(h), 

14 149(k) (where applicable), and 167(i) 

15 of title 23, to use in tracking attain16 ment of critical outcomes for the re17 gion of the metropolitan planning or18 ganization. 

19 ‘‘(II) COORDINATION.—Selection 

20 of performance targets by a metropoli21 tan planning organization shall be co22 ordinated with the relevant State to 

23 ensure consistency, to the maximum 

24 extent practicable. 


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1 ‘‘(ii) PUBLIC TRANSPORTATION PER2 FORMANCE TARGETS.—Each metropolitan 

3 planning organization shall adopt the per4 formance targets identified by providers of 

5 public transportation pursuant to sections 

6 5326(c) and 5329(d), for use in tracking 

7 attainment of critical outcomes for the re8 gion of the metropolitan planning organi9 zation. 

10 ‘‘(C) TIMING.—Each metropolitan plan11 ning organization shall establish the perform12 ance targets under subparagraph (B) not later 

13 than 90 days after the date on which the rel14 evant State or provider of public transportation 

15 establishes the performance targets. 

16 ‘‘(D) INTEGRATION OF OTHER PERFORM17 ANCE-BASED PLANS.—A metropolitan planning 

18 organization shall integrate in the metropolitan 

19 transportation planning process, directly or by 

20 reference, the goals, objectives, performance 

21 measures, and targets described in other State 

22 plans and processes, as well as asset manage23 ment and safety plans developed by providers of 

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1 formance-based program, including plans such 

2 as— 

3 ‘‘(i) the State National Highway Sys4 tem asset management plan; 

5 ‘‘(ii) asset management plans devel6 oped by providers of public transportation; 

7 ‘‘(iii) the State strategic highway safe8 ty plan; 

9 ‘‘(iv) a congestion mitigation and air 

10 quality performance plan developed under 

11 section 149(k) of title 23 by a tier I MPO 

12 representing a nonattainment or mainte13 nance area; 

14 ‘‘(v) safety plans developed by pro15 viders of public transportation; and 

16 ‘‘(vi) the national freight strategic 

17 plan. 

18 ‘‘(E) USE OF PERFORMANCE MEASURES

19 AND TARGETS.—The performance measures 

20 and targets established under this paragraph 

21 shall be used, at a minimum, by the relevant 

22 metropolitan planning organization as the basis 

23 for development of policies, programs, and in24 vestment priorities reflected in the metropolitan 


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1 transportation plan and transportation improve2 ment program. 

3 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The 

4 failure to take into consideration 1 or more of the 

5 factors specified in paragraphs (1) and (2) shall not 

6 be subject to review by any court under this chapter, 

7 title 23, subchapter II of chapter 5 of title 5, or 

8 chapter 7 of title 5 in any matter affecting a metro9 politan transportation plan, a transportation im10 provement program, a project or strategy, or the 

11 certification of a planning process. 

12 ‘‘(4) PARTICIPATION BY INTERESTED PAR13 TIES.— 

14 ‘‘(A) IN GENERAL.—Each metropolitan 

15 planning organization shall provide to affected 

16 individuals, public agencies, and other inter17 ested parties (including State representatives of 

18 nonmotorized users) notice and a reasonable op19 portunity to comment on the metropolitan 

20 transportation plan and transportation improve21 ment program and any relevant scenarios. 

22 ‘‘(B) CONTENTS OF PARTICIPATION

23 PLAN.—Each metropolitan planning organiza24 tion shall establish a participation plan that— 


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1 ‘‘(i) is developed in consultation with 

2 interested parties and local officials; and 

3 ‘‘(ii) provides that interested parties 

4 and local officials have reasonable opportu5 nities to comment on the contents of the 

6 metropolitan transportation plan of the 

7 metropolitan planning organization. 

8 ‘‘(C) METHODS.—In carrying out subpara9 graph (A), the metropolitan planning organiza10 tion shall, to the maximum extent practicable— 

11 ‘‘(i) develop the metropolitan trans12 portation plan and transportation improve13 ment program in consultation with inter14 ested parties (including State representa15 tives of nonmotorized users), as appro16 priate, including by the formation of advi17 sory groups representative of the commu18 nity and interested parties that participate 

19 in the development of the metropolitan 

20 transportation plan and transportation im21 provement program; 

22 ‘‘(ii) hold any public meetings at 

23 times and locations that are, as applica24 ble— 

25 ‘‘(I) convenient; and 


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1 ‘‘(II) in compliance with the 

2 Americans with Disabilities Act of 

3 1990 (42 U.S.C. 12101 et seq.); 

4 ‘‘(iii) employ visualization techniques 

5 to describe metropolitan transportation 

6 plans and transportation improvement pro7 grams; and 

8 ‘‘(iv) make public information avail9 able in appropriate electronically accessible 

10 formats and means, such as the Internet, 

11 to afford reasonable opportunity for con12 sideration of public information under sub13 paragraph (A). 

14 ‘‘(i) DEVELOPMENT OF METROPOLITAN TRANSPOR15 TATION PLAN.— 

16 ‘‘(1) DEVELOPMENT.— 

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

18 subparagraph (B), not later than 5 years after 

19 the date of enactment of the Federal Public 

20 Transportation Act of 2012, and not less fre21 quently than once every 5 years thereafter, each 

22 metropolitan planning organization shall pre23 pare and update, respectively, a metropolitan 

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1 tan planning area in accordance with this sec2 tion. 

3 ‘‘(B) EXCEPTIONS.—A metropolitan plan4 ning organization shall prepare or update, as 

5 appropriate, the metropolitan transportation 

6 plan not less frequently than once every 4 years 

7 if the metropolitan planning organization is op8 erating within— 

9 ‘‘(i) a nonattainment area; or 

10 ‘‘(ii) a maintenance area. 

11 ‘‘(2) OTHER REQUIREMENTS.—A metropolitan 

12 transportation plan under this section shall— 

13 ‘‘(A) be in a form that the Secretary deter14 mines to be appropriate; 

15 ‘‘(B) have a term of not less than 20 

16 years; and 

17 ‘‘(C) contain, at a minimum— 

18 ‘‘(i) an identification of the existing 

19 transportation infrastructure, including 

20 highways, local streets and roads, bicycle 

21 and pedestrian facilities, public transpor22 tation facilities and services, commuter rail 

23 facilities and services, high-speed and 

24 intercity passenger rail facilities and serv25 ices, freight facilities (including freight 


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1 railroad and port facilities), multimodal 

2 and intermodal facilities, and intermodal 

3 connectors that, evaluated in the aggre4 gate, function as an integrated metropoli5 tan transportation system; 

6 ‘‘(ii) a description of the performance 

7 measures and performance targets used in 

8 assessing the existing and future perform9 ance of the transportation system in ac10 cordance with subsection (h)(2); 

11 ‘‘(iii) a description of the current and 

12 projected future usage of the transpor13 tation system, including a projection based 

14 on a preferred scenario, and further in15 cluding, to the extent practicable, an iden16 tification of existing or planned transpor17 tation rights-of-way, corridors, facilities, 

18 and related real properties; 

19 ‘‘(iv) a system performance report 

20 evaluating the existing and future condi21 tion and performance of the transportation 

22 system with respect to the performance 

23 targets described in subsection (h)(2) and 

24 updates in subsequent system performance 

25 reports, including— 


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1 ‘‘(I) progress achieved by the 

2 metropolitan planning organization in 

3 meeting the performance targets in 

4 comparison with system performance 

5 recorded in previous reports; 

6 ‘‘(II) an accounting of the per7 formance of the metropolitan planning 

8 organization on outlay of obligated 

9 project funds and delivery of projects 

10 that have reached substantial comple11 tion in relation to— 

12 ‘‘(aa) the projects included 

13 in the transportation improve14 ment program; and 

15 ‘‘(bb) the projects that have 

16 been removed from the previous 

17 transportation improvement pro18 gram; and 

19 ‘‘(III) when appropriate, an anal20 ysis of how the preferred scenario has 

21 improved the conditions and perform22 ance of the transportation system and 

23 how changes in local policies, invest24 ments, and growth have impacted the 


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1 costs necessary to achieve the identi2 fied performance targets; 

3 ‘‘(v) recommended strategies and in4 vestments for improving system perform5 ance over the planning horizon, including 

6 transportation systems management and 

7 operations strategies, maintenance strate8 gies, demand management strategies, asset 

9 management strategies, capacity and en10 hancement investments, State and local 

11 economic development and land use im12 provements, intelligent transportation sys13 tems deployment, and technology adoption 

14 strategies, as determined by the projected 

15 support of the performance targets de16 scribed in subsection (h)(2); 

17 ‘‘(vi) recommended strategies and in18 vestments to improve and integrate dis19 ability-related access to transportation in20 frastructure, including strategies and in21 vestments based on a preferred scenario, 

22 when appropriate; 

23 ‘‘(vii) investment priorities for using 

24 projected available and proposed revenues 

25 over the short- and long-term stages of the 


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1 planning horizon, in accordance with the 

2 financial plan required under paragraph 

3 (4); 

4 ‘‘(viii) a description of interstate com5 pacts entered into in order to promote co6 ordinated transportation planning in 

7 multistate areas, if applicable; 

8 ‘‘(ix) an optional illustrative list of 

9 projects containing investments that— 

10 ‘‘(I) are not included in the met11 ropolitan transportation plan; but 

12 ‘‘(II) would be so included if re13 sources in addition to the resources 

14 identified in the financial plan under 

15 paragraph (4) were available; 

16 ‘‘(x) a discussion (developed in con17 sultation with Federal, State, and tribal 

18 wildlife, land management, and regulatory 

19 agencies) of types of potential environ20 mental and stormwater mitigation activi21 ties and potential areas to carry out those 

22 activities, including activities that may 

23 have the greatest potential to restore and 

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1 fected by the metropolitan transportation 

2 plan; and 

3 ‘‘(xi) recommended strategies and in4 vestments, including those developed by 

5 the State as part of interstate compacts, 

6 agreements, or organizations, that support 

7 intercity transportation. 

8 ‘‘(3) SCENARIO DEVELOPMENT.— 

9 ‘‘(A) IN GENERAL.—When preparing the 

10 metropolitan transportation plan, the metropoli11 tan planning organization may, while fitting the 

12 needs and complexity of their community, de13 velop multiple scenarios for consideration as a 

14 part of the development of the metropolitan 

15 transportation plan, in accordance with sub16 paragraph (B). 

17 ‘‘(B) COMPONENTS OF SCENARIOS.—The 

18 scenarios— 

19 ‘‘(i) shall include potential regional in20 vestment strategies for the planning hori21 zon; 

22 ‘‘(ii) shall include assumed distribu23 tion of population and employment; 

24 ‘‘(iii) may include a scenario that, to 

25 the maximum extent practicable, maintains 


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1 baseline conditions for the performance 

2 measures identified in subsection (h)(2); 

3 ‘‘(iv) may include a scenario that im4 proves the baseline conditions for as many 

5 of the performance measures under sub6 section (h)(2) as possible; 

7 ‘‘(v) shall be revenue constrained 

8 based on the total revenues expected to be 

9 available over the forecast period of the 

10 plan; and 

11 ‘‘(vi) may include estimated costs and 

12 potential revenues available to support 

13 each scenario. 

14 ‘‘(C) METRICS.—In addition to the per15 formance measures identified in subsection 

16 (h)(2), scenarios developed under this para17 graph may be evaluated using locally developed 

18 metrics for the following categories: 

19 ‘‘(i) Congestion and mobility, includ20 ing transportation use by mode. 

21 ‘‘(ii) Freight movement. 

22 ‘‘(iii) Safety. 

23 ‘‘(iv) Efficiency and costs to tax24 payers. 


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1 ‘‘(4) FINANCIAL PLAN.—A financial plan re2 ferred to in paragraph (2)(C)(vii) shall— 

3 ‘‘(A) be prepared by each metropolitan 

4 planning organization to support the metropoli5 tan transportation plan; and 

6 ‘‘(B) contain a description of the following: 

7 ‘‘(i) Projected resource requirements 

8 for implementing projects, strategies, and 

9 services recommended in the metropolitan 

10 transportation plan, including existing and 

11 projected system operating and mainte12 nance needs, proposed enhancement and 

13 expansions to the system, projected avail14 able revenue from Federal, State, local, 

15 and private sources, and innovative financ16 ing techniques to finance projects and pro17 grams. 

18 ‘‘(ii) The projected difference between 

19 costs and revenues, and strategies for se20 curing additional new revenue (such as by 

21 capture of some of the economic value cre22 ated by any new investment). 

23 ‘‘(iii) Estimates of future funds, to be 

24 developed cooperatively by the metropolitan 

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1 tation agency, and the State, that are rea2 sonably expected to be available to support 

3 the investment priorities recommended in 

4 the metropolitan transportation plan. 

5 ‘‘(iv) Each applicable project only if 

6 full funding can reasonably be anticipated 

7 to be available for the project within the 

8 time period contemplated for completion of 

9 the project. 

10 ‘‘(5) COORDINATION WITH CLEAN AIR ACT

11 AGENCIES.—The metropolitan planning organization 

12 for any metropolitan area that is a nonattainment 

13 area or maintenance area shall coordinate the devel14 opment of a transportation plan with the process for 

15 development of the transportation control measures 

16 of the State implementation plan required by the 

17 Clean Air Act (42 U.S.C. 7401 et seq.). 

18 ‘‘(6) PUBLICATION.—On approval by the rel19 evant metropolitan planning organization, a metro20 politan transportation plan involving Federal partici21 pation shall be, at such times and in such manner 

22 as the Secretary shall require— 

23 ‘‘(A) published or otherwise made readily 

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1 imum extent practicable) in electronically acces2 sible formats and means, such as the Internet; 

3 and 

4 ‘‘(B) submitted for informational purposes 

5 to the applicable Governor. 

6 ‘‘(7) CONSULTATION.— 

7 ‘‘(A) IN GENERAL.—In each metropolitan 

8 area, the metropolitan planning organization 

9 shall consult, as appropriate, with Federal, 

10 State, tribal, and local agencies responsible for 

11 land use management, natural resources, envi12 ronmental protection, conservation, and historic 

13 preservation concerning the development of a 

14 metropolitan transportation plan. 

15 ‘‘(B) ISSUES.—The consultation under 

16 subparagraph (A) shall involve, as available, 

17 consideration of— 

18 ‘‘(i) metropolitan transportation plans 

19 with Federal, State, tribal, and local con20 servation plans or maps; and 

21 ‘‘(ii) inventories of natural or historic 

22 resources. 

23 ‘‘(8) SELECTION OF PROJECTS FROM ILLUS24 TRATIVE LIST.—Notwithstanding paragraph (4), a 

25 State or metropolitan planning organization shall 


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1 not be required to select any project from the illus2 trative list of additional projects included in the met3 ropolitan transportation plan under paragraph 

4 (2)(C)(ix). 

5 ‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 

6 ‘‘(1) DEVELOPMENT.— 

7 ‘‘(A) IN GENERAL.—In cooperation with 

8 the applicable State and any affected public 

9 transportation operator, the metropolitan plan10 ning organization designated for a metropolitan 

11 area shall develop a transportation improvement 

12 program for the metropolitan planning area 

13 that— 

14 ‘‘(i) contains projects consistent with 

15 the current metropolitan transportation 

16 plan; 

17 ‘‘(ii) reflects the investment priorities 

18 established in the current metropolitan 

19 transportation plan; and 

20 ‘‘(iii) once implemented, will make sig21 nificant progress toward achieving the per22 formance targets established under sub23 section (h)(2). 

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1 provement program, the metropolitan planning 

2 organization, in cooperation with the State and 

3 any affected public transportation operator, 

4 shall provide an opportunity for participation by 

5 interested parties, in accordance with sub6 section (h)(4). 

7 ‘‘(C) UPDATING AND APPROVAL.—The 

8 transportation improvement program shall be— 

9 ‘‘(i) updated not less frequently than 

10 once every 4 years, on a cycle compatible 

11 with the development of the relevant state12 wide transportation improvement program 

13 under section 5304; and 

14 ‘‘(ii) approved by the applicable Gov15 ernor. 

16 ‘‘(2) CONTENTS.— 

17 ‘‘(A) PRIORITY LIST.—The transportation 

18 improvement program shall include a priority 

19 list of proposed federally supported projects and 

20 strategies to be carried out during the 4-year 

21 period beginning on the date of adoption of the 

22 transportation improvement program, and each 

23 4-year period thereafter, using existing and rea24 sonably available revenues in accordance with 

25 the financial plan under paragraph (3). 


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1 ‘‘(B) DESCRIPTIONS.—Each project de2 scribed in the transportation improvement pro3 gram shall include sufficient descriptive mate4 rial (such as type of work, termini, length, and 

5 other similar factors) to identify the project or 

6 phase of the project and the effect that the 

7 project or project phase will have in addressing 

8 the targets described in subsection (h)(2). 

9 ‘‘(C) PERFORMANCE TARGET ACHIEVE10 MENT.—The transportation improvement pro11 gram shall include, to the maximum extent 

12 practicable, a description of the anticipated ef13 fect of the transportation improvement program 

14 on attainment of the performance targets estab15 lished in the metropolitan transportation plan, 

16 linking investment priorities to those perform17 ance targets. 

18 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

19 In developing a transportation improvement 

20 program, an optional illustrative list of projects 

21 may be prepared containing additional invest22 ment priorities that— 

23 ‘‘(i) are not included in the transpor24 tation improvement program; but 


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1 ‘‘(ii) would be so included if resources 

2 in addition to the resources identified in 

3 the financial plan under paragraph (3) 

4 were available. 

5 ‘‘(3) FINANCIAL PLAN.—A financial plan re6 ferred to in paragraph (2)(D)(ii) shall— 

7 ‘‘(A) be prepared by each metropolitan 

8 planning organization to support the transpor9 tation improvement program; and 

10 ‘‘(B) contain a description of the following: 

11 ‘‘(i) Projected resource requirements 

12 for implementing projects, strategies, and 

13 services recommended in the transpor14 tation improvement program, including ex15 isting and projected system operating and 

16 maintenance needs, proposed enhancement 

17 and expansions to the system, projected 

18 available revenue from Federal, State, 

19 local, and private sources, and innovative 

20 financing techniques to finance projects 

21 and programs. 

22 ‘‘(ii) The projected difference between 

23 costs and revenues, and strategies for se24 curing additional new revenue (such as by 


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1 capture of some of the economic value cre2 ated by any new investment). 

3 ‘‘(iii) Estimates of future funds, to be 

4 developed cooperatively by the metropolitan 

5 planning organization, any public transpor6 tation agency, and the State, that are rea7 sonably expected to be available to support 

8 the investment priorities recommended in 

9 the transportation improvement program. 

10 ‘‘(iv) Each applicable project, only if 

11 full funding can reasonably be anticipated 

12 to be available for the project within the 

13 time period contemplated for completion of 

14 the project. 

15 ‘‘(4) INCLUDED PROJECTS.— 

16 ‘‘(A) PROJECTS UNDER THIS CHAPTER

17 AND TITLE 23.—A transportation improvement 

18 program developed under this subsection for a 

19 metropolitan area shall include a description of 

20 the projects within the area that are proposed 

21 for funding under this chapter and chapter 1 of 

22 title 23. 

23 ‘‘(B) PROJECTS UNDER CHAPTER 2.— 

24 ‘‘(i) REGIONALLY SIGNIFICANT.— 

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1 posed for funding under chapter 2 of title 

2 23 shall be identified individually in the 

3 transportation improvement program. 

4 ‘‘(ii) NONREGIONALLY SIGNIFI5 CANT.—A description of each project pro6 posed for funding under chapter 2 of title 

7 23 that is not determined to be regionally 

8 significant shall be contained in 1 line item 

9 or identified individually in the transpor10 tation improvement program. 

11 ‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be12 fore approving a transportation improvement pro13 gram, a metropolitan planning organization, in co14 operation with the State and any affected public 

15 transportation operator, shall provide an opportunity 

16 for participation by interested parties in the develop17 ment of the transportation improvement program, in 

18 accordance with subsection (h)(4). 

19 ‘‘(6) SELECTION OF PROJECTS.— 

20 ‘‘(A) IN GENERAL.—Each tier I MPO and 

21 tier II MPO shall select projects carried out 

22 within the boundaries of the applicable metro23 politan planning area from the transportation 

24 improvement program, in consultation with the 

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1 fected facility owner, for funds apportioned to 

2 the State under section 104(b)(2) of title 23 

3 and suballocated to the metropolitan planning 

4 area under section 133(d) of title 23. 

5 ‘‘(B) PROJECTS UNDER CHAPTER 53.—In 

6 the case of projects under this chapter, the se7 lection of federally funded projects in metropoli8 tan areas shall be carried out, from the ap9 proved transportation improvement program, by 

10 the designated recipients of public transpor11 tation funding in cooperation with the metro12 politan planning organization. 

13 ‘‘(C) CONGESTION MITIGATION AND AIR

14 QUALITY PROJECTS.—Each tier I MPO shall 

15 select projects carried out within the boundaries 

16 of the applicable metropolitan planning area 

17 from the transportation improvement program, 

18 in consultation with the relevant State and on 

19 concurrence of the affected facility owner, for 

20 funds apportioned to the State under section 

21 104(b)(4) of title 23 and suballocated to the 

22 metropolitan planning area under section 149(j) 

23 of title 23. 

24 ‘‘(D) MODIFICATIONS TO PROJECT PRI25 ORITY.—Notwithstanding any other provision of 


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1 law, approval by the Secretary shall not be re2 quired to carry out a project included in a 

3 transportation improvement program in place of 

4 another project in the transportation improve5 ment program. 

6 ‘‘(7) PUBLICATION.— 

7 ‘‘(A) IN GENERAL.—A transportation im8 provement program shall be published or other9 wise made readily available by the applicable 

10 metropolitan planning organization for public 

11 review in electronically accessible formats and 

12 means, such as the Internet. 

13 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an14 nual list of projects, including investments in 

15 pedestrian walkways, bicycle transportation fa16 cilities, and intermodal facilities that support 

17 intercity transportation, for which Federal 

18 funds have been obligated during the preceding 

19 fiscal year shall be published or otherwise made 

20 available by the cooperative effort of the State, 

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1 egories identified in the relevant transportation 

2 improvement program. 

3 ‘‘(k) PLANNING REQUIREMENTS FOR TIER II 

4 MPOS.— 

5 ‘‘(1) IN GENERAL.—The Secretary may provide 

6 for the performance-based development of a metro7 politan transportation plan and transportation im8 provement program for the metropolitan planning 

9 area of a tier II MPO, as the Secretary determines 

10 to be appropriate, taking into account— 

11 ‘‘(A) the complexity of transportation 

12 needs in the area; and 

13 ‘‘(B) the technical capacity of the metro14 politan planning organization. 

15 ‘‘(2) EVALUATION OF PERFORMANCE-BASED

16 PLANNING.—In reviewing a tier II MPO under sub17 section (m), the Secretary shall take into consider18 ation the effectiveness of the tier II MPO in imple19 menting and maintaining a performance-based plan20 ning process that— 

21 ‘‘(A) addresses the performance targets de22 scribed in subsection (h)(2); and 

23 ‘‘(B) demonstrates progress on the 

24 achievement of those performance targets. 

25 ‘‘(l) CERTIFICATION.— 


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

2 ‘‘(A) ensure that the metropolitan trans3 portation planning process of a metropolitan 

4 planning organization is being carried out in ac5 cordance with applicable Federal law; and 

6 ‘‘(B) subject to paragraph (2), certify, not 

7 less frequently than once every 4 years, that the 

8 requirements of subparagraph (A) are met with 

9 respect to the metropolitan transportation plan10 ning process. 

11 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 

12 The Secretary may make a certification under para13 graph (1)(B) if— 

14 ‘‘(A) the metropolitan transportation plan15 ning process complies with the requirements of 

16 this section and other applicable Federal law; 

17 ‘‘(B) representation on the metropolitan 

18 planning organization board includes officials of 

19 public agencies that administer or operate 

20 major modes of transportation in the relevant 

21 metropolitan area, including providers of public 

22 transportation; and 

23 ‘‘(C) a transportation improvement pro24 gram for the metropolitan planning area has 


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1 been approved by the relevant metropolitan 

2 planning organization and applicable Governor. 

3 ‘‘(3) DELEGATION OF AUTHORITY.—The Sec4 retary may— 

5 ‘‘(A) delegate to the appropriate State 

6 fact-finding authority regarding the certification 

7 of a tier II MPO under this subsection; and 

8 ‘‘(B) make the certification under para9 graph (1) in consultation with the State. 

10 ‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 

11 ‘‘(A) WITHHOLDING OF PROJECT

12 FUNDS.—If a metropolitan transportation plan13 ning process of a metropolitan planning organi14 zation is not certified under paragraph (1), the 

15 Secretary may withhold up to 20 percent of the 

16 funds attributable to the metropolitan planning 

17 area of the metropolitan planning organization 

18 for projects funded under this chapter and title 

19 23. 

20 ‘‘(B) RESTORATION OF WITHHELD

21 FUNDS.—Any funds withheld under subpara22 graph (A) shall be restored to the metropolitan 

23 planning area on the date of certification of the 

24 metropolitan transportation planning process by 

25 the Secretary. 


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1 ‘‘(5) PUBLIC INVOLVEMENT.—In making a de2 termination regarding certification under this sub3 section, the Secretary shall provide for public in4 volvement appropriate to the metropolitan planning 

5 area under review. 

6 ‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES

7 EVALUATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish criteria to evaluate the effectiveness of the per10 formance-based planning processes of metropolitan 

11 planning organizations under this section, taking 

12 into consideration the following: 

13 ‘‘(A) The extent to which the metropolitan 

14 planning organization has achieved, or is cur15 rently making substantial progress toward 

16 achieving, the performance targets specified in 

17 subsection (h)(2), taking into account whether 

18 the metropolitan planning organization devel19 oped meaningful performance targets. 

20 ‘‘(B) The extent to which the metropolitan 

21 planning organization has used proven best 

22 practices that help ensure transportation invest23 ment that is efficient and cost-effective. 

24 ‘‘(C) The extent to which the metropolitan 

25 planning organization— 


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1 ‘‘(i) has developed an investment proc2 ess that relies on public input and aware3 ness to ensure that investments are trans4 parent and accountable; and 

5 ‘‘(ii) provides regular reports allowing 

6 the public to access the information being 

7 collected in a format that allows the public 

8 to meaningfully assess the performance of 

9 the metropolitan planning organization. 

10 ‘‘(2) REPORT.— 

11 ‘‘(A) IN GENERAL.—Not later than 5 years 

12 after the date of enactment of the Federal Pub13 lic Transportation Act of 2012, the Secretary 

14 shall submit to Congress a report evaluating— 

15 ‘‘(i) the overall effectiveness of per16 formance-based planning as a tool for 

17 guiding transportation investments; and 

18 ‘‘(ii) the effectiveness of the perform19 ance-based planning process of each metro20 politan planning organization under this 

21 section. 

22 ‘‘(B) PUBLICATION.—The report under 

23 subparagraph (A) shall be published or other24 wise made available in electronically accessible 

25 formats and means, including on the Internet. 


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1 ‘‘(n) ADDITIONAL REQUIREMENTS FOR CERTAIN

2 NONATTAINMENT AREAS.— 

3 ‘‘(1) IN GENERAL.—Notwithstanding any other 

4 provision of this chapter or title 23, Federal funds 

5 may not be advanced in any metropolitan planning 

6 area classified as a nonattainment area or mainte7 nance area for any highway project that will result 

8 in a significant increase in the carrying capacity for 

9 single-occupant vehicles, unless the owner or oper10 ator of the project demonstrates that the project will 

11 achieve or make substantial progress toward achiev12 ing the performance targets described in subsection 

13 (h)(2). 

14 ‘‘(2) APPLICABILITY.—This subsection applies 

15 to any nonattainment area or maintenance area 

16 within the boundaries of a metropolitan planning 

17 area, as determined under subsection (c). 

18 ‘‘(o) EFFECT OF SECTION.—Nothing in this section 

19 provides to any metropolitan planning organization the 

20 authority to impose any legal requirement on any trans21 portation facility, provider, or project not subject to the 

22 requirements of this chapter or title 23. 

23 ‘‘(p) FUNDING.—Funds apportioned under section 

24 104(b)(6) of title 23 and set aside under section 5305(g) 

25 of this title shall be available to carry out this section. 


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1 ‘‘(q) CONTINUATION OF CURRENT REVIEW PRAC2 TICE.— 

3 ‘‘(1) IN GENERAL.—In consideration of the fac4 tors described in paragraph (2), any decision by the 

5 Secretary concerning a metropolitan transportation 

6 plan or transportation improvement program shall 

7 not be considered to be a Federal action subject to 

8 review under the National Environmental Policy Act 

9 of 1969 (42 U.S.C. 4321 et seq.). 

10 ‘‘(2) DESCRIPTION OF FACTORS.—The factors 

11 referred to in paragraph (1) are that— 

12 ‘‘(A) metropolitan transportation plans and 

13 transportation improvement programs are sub14 ject to a reasonable opportunity for public com15 ment; 

16 ‘‘(B) the projects included in metropolitan 

17 transportation plans and transportation im18 provement programs are subject to review 

19 under the National Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et seq.); and 

21 ‘‘(C) decisions by the Secretary concerning 

22 metropolitan transportation plans and transpor23 tation improvement programs have not been re24 viewed under the National Environmental PolVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00693 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 icy Act of 1969 (42 U.S.C. 4321 et seq.) as of 

2 January 1, 1997. 

3 ‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The Sec4 retary shall issue guidance on a schedule for implementa5 tion of the changes made by this section, taking into con6 sideration the established planning update cycle for metro7 politan planning organizations. The Secretary shall not re8 quire a metropolitan planning organization to deviate from 

9 its established planning update cycle to implement 

10 changes made by this section. Metropolitan planning orga11 nizations shall reflect changes made to their transpor12 tation plan or transportation improvement program up13 dates not later than 2 years after the date of issuance 

14 of guidance by the Secretary.’’. 

15 (b) PILOT PROGRAM FOR TRANSIT-ORIENTED DE16 VELOPMENT PLANNING.— 

17 (1) DEFINITIONS.—In this subsection the fol18 lowing definitions shall apply: 

19 (A) ELIGIBLE PROJECT.—The term ‘‘eligi20 ble project’’ means a new fixed guideway capital 

21 project or a core capacity improvement project, 

22 as those terms are defined in section 5309 of 

23 title 49, United States Code, as amended by 

24 this division. 


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1 (B) SECRETARY.—The term ‘‘Secretary’’ 

2 means the Secretary of Transportation. 

3 (2) GENERAL AUTHORITY.—The Secretary may 

4 make grants under this subsection to a State or 

5 local governmental authority to assist in financing 

6 comprehensive planning associated with an eligible 

7 project that seeks to— 

8 (A) enhance economic development, rider9 ship, and other goals established during the 

10 project development and engineering processes; 

11 (B) facilitate multimodal connectivity and 

12 accessibility; 

13 (C) increase access to transit hubs for pe14 destrian and bicycle traffic; 

15 (D) enable mixed-use development; 

16 (E) identify infrastructure needs associated 

17 with the eligible project; and 

18 (F) include private sector participation. 

19 (3) ELIGIBILITY.—A State or local govern20 mental authority that desires to participate in the 

21 program under this subsection shall submit to the 

22 Secretary an application that contains, at a min23 imum— 

24 (A) identification of an eligible project; 


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1 (B) a schedule and process for the develop2 ment of a comprehensive plan; 

3 (C) a description of how the eligible project 

4 and the proposed comprehensive plan advance 

5 the metropolitan transportation plan of the 

6 metropolitan planning organization; 

7 (D) proposed performance criteria for the 

8 development and implementation of the com9 prehensive plan; and 

10 (E) identification of— 

11 (i) partners; 

12 (ii) availability of and authority for 

13 funding; and 

14 (iii) potential State, local or other im15 pediments to the implementation of the 

16 comprehensive plan. 

17 SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANS18 PORTATION PLANNING. 

19 Section 5304 of title 49, United States Code, is 

20 amended to read as follows: 

21 ‘‘§ 5304. Statewide and nonmetropolitan transpor22 tation planning 

23 ‘‘(a) STATEWIDE TRANSPORTATION PLANS AND

24 STIPS.— 

25 ‘‘(1) DEVELOPMENT.— 


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1 ‘‘(A) IN GENERAL.—To accomplish the 

2 policy objectives described in section 5303(a), 

3 each State shall develop a statewide transpor4 tation plan and a statewide transportation im5 provement program for all areas of the State in 

6 accordance with this section. 

7 ‘‘(B) INCORPORATION OF METROPOLITAN

8 TRANSPORTATION PLANS AND TIPS.—Each 

9 State shall incorporate in the statewide trans10 portation plan and statewide transportation im11 provement program, without change or by ref12 erence, the metropolitan transportation plans 

13 and transportation improvement programs, re14 spectively, for each metropolitan planning area 

15 in the State. 

16 ‘‘(C) NONMETROPOLITAN AREAS.—Each 

17 State shall consult with local officials in small 

18 urbanized areas with a population of 50,000 or 

19 more individuals, but fewer than 200,000 indi20 viduals, as calculated according to the most re21 cent decennial census, and nonurbanized areas 

22 of the State in preparing the nonmetropolitan 

23 portions of statewide transportation plans and 

24 statewide transportation improvement pro25 grams. 


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1 ‘‘(2) CONTENTS.—The statewide transportation 

2 plan and statewide transportation improvement pro3 gram developed for each State shall provide for the 

4 development and integrated management and oper5 ation of transportation systems and facilities (includ6 ing accessible pedestrian walkways, bicycle transpor7 tation facilities, and intermodal facilities that sup8 port intercity transportation) that will function as— 

9 ‘‘(A) an intermodal transportation system 

10 for the State; and 

11 ‘‘(B) an integral part of an intermodal 

12 transportation system for the United States. 

13 ‘‘(3) PROCESS.—The process for developing the 

14 statewide transportation plan and statewide trans15 portation improvement program shall— 

16 ‘‘(A) provide for consideration of all modes 

17 of transportation; and 

18 ‘‘(B) be continuing, cooperative, and com19 prehensive to the degree appropriate, based on 

20 the complexity of the transportation needs to be 

21 addressed. 

22 ‘‘(b) COORDINATION AND CONSULTATION.— 

23 ‘‘(1) IN GENERAL.—Each State shall— 

24 ‘‘(A) coordinate planning carried out under 

25 this section with— 


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1 ‘‘(i) the transportation planning ac2 tivities carried out under section 5303 for 

3 metropolitan areas of the State; and 

4 ‘‘(ii) statewide trade and economic de5 velopment planning activities and related 

6 multistate planning efforts; 

7 ‘‘(B) coordinate planning carried out under 

8 this section with the transportation planning 

9 activities carried out by each nonmetropolitan 

10 planning organization in the State, as applica11 ble; 

12 ‘‘(C) consult on planning carried out under 

13 this section with the transportation planning 

14 activities carried out by each rural planning or15 ganization in the State, as applicable; and 

16 ‘‘(D) develop the transportation portion of 

17 the State implementation plan as required by 

18 the Clean Air Act (42 U.S.C. 7401 et seq.). 

19 ‘‘(2) MULTISTATE AREAS.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 encourage each Governor with responsibility for 

22 a portion of a multistate metropolitan planning 

23 area and the appropriate metropolitan planning 

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1 tation planning for the entire metropolitan 

2 area. 

3 ‘‘(B) COORDINATION ALONG DESIGNATED

4 TRANSPORTATION CORRIDORS.—The Secretary 

5 shall encourage each Governor with responsi6 bility for a portion of a multistate transpor7 tation corridor to provide coordinated transpor8 tation planning for the entire designated cor9 ridor. 

10 ‘‘(C) INTERSTATE COMPACTS.—For pur11 poses of this section, any 2 or more States— 

12 ‘‘(i) may enter into compacts, agree13 ments, or organizations not in conflict with 

14 any Federal law for cooperative efforts and 

15 mutual assistance in support of activities 

16 authorized under this section, as the activi17 ties relate to interstate areas and localities 

18 within the States; 

19 ‘‘(ii) may establish such agencies 

20 (joint or otherwise) as the States deter21 mine to be appropriate for ensuring the ef22 fectiveness of the agreements and com23 pacts; and 

24 ‘‘(iii) are encouraged to enter into 

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1 tions as are appropriate to develop plan2 ning documents in support of intercity or 

3 multistate area projects, facilities, and 

4 services, the relevant components of which 

5 shall be reflected in statewide transpor6 tation improvement programs and state7 wide transportation plans. 

8 ‘‘(D) RESERVATION OF RIGHTS.—The 

9 right to alter, amend, or repeal any interstate 

10 compact or agreement entered into under this 

11 subsection is expressly reserved. 

12 ‘‘(c) RELATIONSHIP WITH OTHER PLANNING OFFI13 CIALS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall encour15 age each State to cooperate with Federal, State, 

16 tribal, and local officers and entities responsible for 

17 other types of planning activities that are affected 

18 by transportation in the relevant area (including 

19 planned growth, economic development, infrastruc20 ture services, housing, other public services, environ21 mental protection, airport operations, high-speed and 

22 intercity passenger rail, freight rail, port access, and 

23 freight movements), to the maximum extent prac24 ticable, to ensure that the statewide and nonmetro25 politan planning process, statewide transportation 


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1 plans, and statewide transportation improvement 

2 programs are developed with due consideration for 

3 other related planning activities in the State. 

4 ‘‘(2) INCLUSION.—Cooperation under para5 graph (1) shall include the design and delivery of 

6 transportation services within the State that are pro7 vided by— 

8 ‘‘(A) recipients of assistance under sections 

9 202, 203, and 204 of title 23; 

10 ‘‘(B) recipients of assistance under this 

11 chapter; 

12 ‘‘(C) government agencies and nonprofit 

13 organizations (including representatives of the 

14 agencies and organizations) that receive Federal 

15 assistance from a source other than the Depart16 ment of Transportation to provide non17 emergency transportation services; and 

18 ‘‘(D) sponsors of regionally significant pro19 grams, projects, and services that are related to 

20 transportation and receive assistance from any 

21 public or private source. 

22 ‘‘(d) SCOPE OF PLANNING PROCESS.— 

23 ‘‘(1) IN GENERAL.—The statewide transpor24 tation planning process for a State under this secVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00702 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 tion shall provide for consideration of projects, strat2 egies, and services that will— 

3 ‘‘(A) support the economic vitality of the 

4 United States, the State, nonmetropolitan 

5 areas, and metropolitan areas, especially by en6 abling global competitiveness, travel and tour7 ism (where applicable), productivity, and effi8 ciency; 

9 ‘‘(B) increase the safety of the transpor10 tation system for motorized and nonmotorized 

11 users; 

12 ‘‘(C) increase the security of the transpor13 tation system for motorized and nonmotorized 

14 users; 

15 ‘‘(D) increase the accessibility and mobility 

16 of individuals and freight; 

17 ‘‘(E) protect and enhance the environment, 

18 promote energy conservation, improve the qual19 ity of life, and promote consistency between 

20 transportation improvements and State and 

21 local planned growth and economic development 

22 patterns; 

23 ‘‘(F) enhance the integration and 

24 connectivity of the transportation system, 


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1 across and between modes, for individuals and 

2 freight; 

3 ‘‘(G) increase efficient system management 

4 and operation; and 

5 ‘‘(H) emphasize the preservation of the ex6 isting transportation system. 

7 ‘‘(2) PERFORMANCE-BASED APPROACH.— 

8 ‘‘(A) IN GENERAL.—The statewide trans9 portation planning process shall provide for the 

10 establishment and use of a performance-based 

11 approach to transportation decisionmaking to 

12 support the national goals described in section 

13 5301(c) of this title and in section 150(b) of 

14 title 23. 

15 ‘‘(B) SURFACE TRANSPORTATION PER16 FORMANCE TARGETS.— 

17 ‘‘(i) IN GENERAL.—Each State shall 

18 establish performance targets that address 

19 the performance measures described in sec20 tions 119(f), 148(h), and 167(i) of title 23 

21 to use in tracking attainment of critical 

22 outcomes for the region of the State. 

23 ‘‘(ii) COORDINATION.—Selection of 

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1 ning organizations to ensure consistency, 

2 to the maximum extent practicable. 

3 ‘‘(C) PUBLIC TRANSPORTATION PERFORM4 ANCE TARGETS.—For providers of public trans5 portation operating in urbanized areas with a 

6 population of fewer than 200,000 individuals, 

7 as calculated according to the most recent de8 cennial census, and not represented by a metro9 politan planning organization, each State shall 

10 adopt the performance targets identified by 

11 such providers of public transportation pursu12 ant to sections 5326(c) and 5329(d), for use in 

13 tracking attainment of critical outcomes for the 

14 region of the metropolitan planning organiza15 tion. 

16 ‘‘(D) INTEGRATION OF OTHER PERFORM17 ANCE-BASED PLANS.—A State shall integrate 

18 into the statewide transportation planning proc19 ess, directly or by reference, the goals, objec20 tives, performance measures, and performance 

21 targets described in this paragraph in other 

22 State plans and processes, and asset manage23 ment and safety plans developed by providers of 

24 public transportation in urbanized areas with a 

25 population of fewer than 200,000 individuals, 


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1 as calculated according to the most recent de2 cennial census, and not represented by a metro3 politan planning organization, required as part 

4 of a performance-based program, including 

5 plans such as— 

6 ‘‘(i) the State National Highway Sys7 tem asset management plan; 

8 ‘‘(ii) asset management plans devel9 oped by providers of public transportation; 

10 ‘‘(iii) the State strategic highway safe11 ty plan; 

12 ‘‘(iv) safety plans developed by pro13 viders of public transportation; and 

14 ‘‘(v) the national freight strategic 

15 plan. 

16 ‘‘(E) USE OF PERFORMANCE MEASURES

17 AND TARGETS.—The performance measures 

18 and targets established under this paragraph 

19 shall be used, at a minimum, by a State as the 

20 basis for development of policies, programs, and 

21 investment priorities reflected in the statewide 

22 transportation plan and statewide transpor23 tation improvement program. 

24 ‘‘(3) FAILURE TO CONSIDER FACTORS.—The 

25 failure to take into consideration 1 or more of the 


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1 factors specified in paragraphs (1) and (2) shall not 

2 be subject to review by any court under this chapter, 

3 title 23, subchapter II of chapter 5 of title 5, or 

4 chapter 7 of title 5 in any matter affecting a state5 wide transportation plan, a statewide transportation 

6 improvement program, a project or strategy, or the 

7 certification of a planning process. 

8 ‘‘(4) PARTICIPATION BY INTERESTED PAR9 TIES.— 

10 ‘‘(A) IN GENERAL.—Each State shall pro11 vide to— 

12 ‘‘(i) nonmetropolitan local elected offi13 cials an opportunity to participate in ac14 cordance with subparagraph (B)(i); and 

15 ‘‘(ii) affected individuals, public agen16 cies, and other interested parties notice 

17 and a reasonable opportunity to comment 

18 on the statewide transportation plan and 

19 statewide transportation improvement pro20 gram. 

21 ‘‘(B) METHODS.—In carrying out this 

22 paragraph, the State shall— 

23 ‘‘(i) develop and document a consult24 ative process to carry out subparagraph 

25 (A)(i) that is separate and discrete from 


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1 the public involvement process developed 

2 under clause (ii); 

3 ‘‘(ii) develop the statewide transpor4 tation plan and statewide transportation 

5 improvement program in consultation with 

6 interested parties, as appropriate, includ7 ing by the formation of advisory groups 

8 representative of the State and interested 

9 parties that participate in the development 

10 of the statewide transportation plan and 

11 statewide transportation improvement pro12 gram; 

13 ‘‘(iii) hold any public meetings at 

14 times and locations that are, as applica15 ble— 

16 ‘‘(I) convenient; and 

17 ‘‘(II) in compliance with the 

18 Americans with Disabilities Act of 

19 1990 (42 U.S.C. 12101 et seq.); 

20 ‘‘(iv) employ visualization techniques 

21 to describe statewide transportation plans 

22 and statewide transportation improvement 

23 programs; and 

24 ‘‘(v) make public information available 

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1 mats and means, such as the Internet, to 

2 afford reasonable opportunity for consider3 ation of public information under subpara4 graph (A). 

5 ‘‘(e) COORDINATION AND CONSULTATION.— 

6 ‘‘(1) METROPOLITAN AREAS.— 

7 ‘‘(A) IN GENERAL.—Each State shall de8 velop a statewide transportation plan and state9 wide transportation improvement program for 

10 each metropolitan area in the State by incor11 porating, without change or by reference, at a 

12 minimum, as prepared by each metropolitan 

13 planning organization designated for the metro14 politan area under section 5303— 

15 ‘‘(i) all regionally significant projects 

16 to be carried out during the 10-year period 

17 beginning on the effective date of the rel18 evant existing metropolitan transportation 

19 plan; and 

20 ‘‘(ii) all projects to be carried out dur21 ing the 4-year period beginning on the ef22 fective date of the relevant transportation 

23 improvement program. 

24 ‘‘(B) PROJECTED COSTS.—Each metropoli25 tan planning organization shall provide to each 


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1 applicable State a description of the projected 

2 costs of implementing the projects included in 

3 the metropolitan transportation plan of the 

4 metropolitan planning organization for purposes 

5 of metropolitan financial planning and fiscal 

6 constraint. 

7 ‘‘(2) NONMETROPOLITAN AREAS.—With respect 

8 to nonmetropolitan areas in a State, the statewide 

9 transportation plan and statewide transportation im10 provement program of the State shall be developed 

11 in consultation with affected nonmetropolitan local 

12 officials with responsibility for transportation, in13 cluding providers of public transportation. 

14 ‘‘(3) INDIAN TRIBAL AREAS.—With respect to 

15 each area of a State under the jurisdiction of an In16 dian tribe, the statewide transportation plan and 

17 statewide transportation improvement program of 

18 the State shall be developed in consultation with— 

19 ‘‘(A) the tribal government; and 

20 ‘‘(B) the Secretary of the Interior. 

21 ‘‘(4) FEDERAL LAND MANAGEMENT AGEN22 CIES.—With respect to each area of a State under 

23 the jurisdiction of a Federal land management agen24 cy, the statewide transportation plan and statewide 

25 transportation improvement program of the State 


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1 shall be developed in consultation with the relevant 

2 Federal land management agency. 

3 ‘‘(5) CONSULTATION, COMPARISON, AND CON4 SIDERATION.— 

5 ‘‘(A) IN GENERAL.—A statewide transpor6 tation plan shall be developed, as appropriate, 

7 in consultation with Federal, State, tribal, and 

8 local agencies responsible for land use manage9 ment, natural resources, infrastructure permit10 ting, environmental protection, conservation, 

11 and historic preservation. 

12 ‘‘(B) COMPARISON AND CONSIDERATION.— 

13 Consultation under subparagraph (A) shall in14 volve the comparison of statewide transpor15 tation plans to, as available— 

16 ‘‘(i) Federal, State, tribal, and local 

17 conservation plans or maps; and 

18 ‘‘(ii) inventories of natural or historic 

19 resources. 

20 ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 

21 ‘‘(1) DEVELOPMENT.— 

22 ‘‘(A) IN GENERAL.—Each State shall de23 velop a statewide transportation plan, the fore24 cast period of which shall be not less than 20 

25 years for all areas of the State, that provides 


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1 for the development and implementation of the 

2 intermodal transportation system of the State. 

3 ‘‘(B) INITIAL PERIOD.—A statewide trans4 portation plan shall include, at a minimum, for 

5 the first 10-year period of the statewide trans6 portation plan, the identification of existing and 

7 future transportation facilities that will function 

8 as an integrated statewide transportation sys9 tem, giving emphasis to those facilities that 

10 serve important national, statewide, and re11 gional transportation functions. 

12 ‘‘(C) SUBSEQUENT PERIOD.—For the sec13 ond 10-year period of the statewide transpor14 tation plan (referred to in this subsection as the 

15 ‘outer years period’), a statewide transportation 

16 plan— 

17 ‘‘(i) may include identification of fu18 ture transportation facilities; and 

19 ‘‘(ii) shall describe the policies and 

20 strategies that provide for the development 

21 and implementation of the intermodal 

22 transportation system of the State. 

23 ‘‘(D) OTHER REQUIREMENTS.—A state24 wide transportation plan shall— 


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1 ‘‘(i) include, for the 20-year period 

2 covered by the statewide transportation 

3 plan, a description of— 

4 ‘‘(I) the projected aggregate cost 

5 of projects anticipated by a State to 

6 be implemented; and 

7 ‘‘(II) the revenues necessary to 

8 support the projects; 

9 ‘‘(ii) include, in such form as the Sec10 retary determines to be appropriate, a de11 scription of— 

12 ‘‘(I) the existing transportation 

13 infrastructure, including an identifica14 tion of highways, local streets and 

15 roads, bicycle and pedestrian facilities, 

16 public transportation facilities and 

17 services, commuter rail facilities and 

18 services, high-speed and intercity pas19 senger rail facilities and services, 

20 freight facilities (including freight 

21 railroad and port facilities), 

22 multimodal and intermodal facilities, 

23 and intermodal connectors that, evalu24 ated in the aggregate, function as an 

25 integrated transportation system; 


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1 ‘‘(II) the performance measures 

2 and performance targets used in as3 sessing the existing and future per4 formance of the transportation system 

5 described in subsection (d)(2); 

6 ‘‘(III) the current and projected 

7 future usage of the transportation 

8 system, including, to the maximum 

9 extent practicable, an identification of 

10 existing or planned transportation 

11 rights-of-way, corridors, facilities, and 

12 related real properties; 

13 ‘‘(IV) a system performance re14 port evaluating the existing and fu15 ture condition and performance of the 

16 transportation system with respect to 

17 the performance targets described in 

18 subsection (d)(2) and updates to sub19 sequent system performance reports, 

20 including— 

21 ‘‘(aa) progress achieved by 

22 the State in meeting performance 

23 targets, as compared to system 

24 performance recorded in previous 

25 reports; and 


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1 ‘‘(bb) an accounting of the 

2 performance by the State on out3 lay of obligated project funds and 

4 delivery of projects that have 

5 reached substantial completion, 

6 in relation to the projects cur7 rently on the statewide transpor8 tation improvement program and 

9 those projects that have been re10 moved from the previous state11 wide transportation improvement 

12 program; 

13 ‘‘(V) recommended strategies and 

14 investments for improving system per15 formance over the planning horizon, 

16 including transportation systems man17 agement and operations strategies, 

18 maintenance strategies, demand man19 agement strategies, asset management 

20 strategies, capacity and enhancement 

21 investments, land use improvements, 

22 intelligent transportation systems de23 ployment and technology adoption 

24 strategies as determined by the proVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00715 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 jected support of performance targets 

2 described in subsection (d)(2); 

3 ‘‘(VI) recommended strategies 

4 and investments to improve and inte5 grate disability-related access to 

6 transportation infrastructure; 

7 ‘‘(VII) investment priorities for 

8 using projected available and proposed 

9 revenues over the short- and long10 term stages of the planning horizon, 

11 in accordance with the financial plan 

12 required under paragraph (2); 

13 ‘‘(VIII) a description of inter14 state compacts entered into in order 

15 to promote coordinated transportation 

16 planning in multistate areas, if appli17 cable; 

18 ‘‘(IX) an optional illustrative list 

19 of projects containing investments 

20 that— 

21 ‘‘(aa) are not included in the 

22 statewide transportation plan; 

23 but 

24 ‘‘(bb) would be so included if 

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1 sources identified in the financial 

2 plan under paragraph (2) were 

3 available; 

4 ‘‘(X) a discussion (developed in 

5 consultation with Federal, State, and 

6 tribal wildlife, land management, and 

7 regulatory agencies) of types of poten8 tial environmental and stormwater 

9 mitigation activities and potential 

10 areas to carry out those activities, in11 cluding activities that may have the 

12 greatest potential to restore and 

13 maintain the environmental functions 

14 affected by the statewide transpor15 tation plan; and 

16 ‘‘(XI) recommended strategies 

17 and investments, including those de18 veloped by the State as part of inter19 state compacts, agreements, or orga20 nizations, that support intercity trans21 portation; and 

22 ‘‘(iii) be updated by the State not less 

23 frequently than once every 5 years. 

24 ‘‘(2) FINANCIAL PLAN.—A financial plan re25 ferred to in paragraph (1)(D)(ii)(VII) shall— 


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1 ‘‘(A) be prepared by each State to support 

2 the statewide transportation plan; and 

3 ‘‘(B) contain a description of the following: 

4 ‘‘(i) Projected resource requirements 

5 during the 20-year planning horizon for 

6 implementing projects, strategies, and 

7 services recommended in the statewide 

8 transportation plan, including existing and 

9 projected system operating and mainte10 nance needs, proposed enhancement and 

11 expansions to the system, projected avail12 able revenue from Federal, State, local, 

13 and private sources, and innovative financ14 ing techniques to finance projects and pro15 grams. 

16 ‘‘(ii) The projected difference between 

17 costs and revenues, and strategies for se18 curing additional new revenue (such as by 

19 capture of some of the economic value cre20 ated by any new investment). 

21 ‘‘(iii) Estimates of future funds, to be 

22 developed cooperatively by the State, any 

23 public transportation agency, and relevant 

24 metropolitan planning organizations, that 

25 are reasonably expected to be available to 


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1 support the investment priorities rec2 ommended in the statewide transportation 

3 plan. 

4 ‘‘(iv) Each applicable project, only if 

5 full funding can reasonably be anticipated 

6 to be available for the project within the 

7 time period contemplated for completion of 

8 the project. 

9 ‘‘(v) For the outer years period of the 

10 statewide transportation plan, a descrip11 tion of the aggregate cost ranges or bands, 

12 subject to the condition that any future 

13 funding source shall be reasonably ex14 pected to be available to support the pro15 jected cost ranges or bands. 

16 ‘‘(3) COORDINATION WITH CLEAN AIR ACT

17 AGENCIES.—For any nonmetropolitan area that is a 

18 nonattainment area or maintenance area, the State 

19 shall coordinate the development of the statewide 

20 transportation plan with the process for development 

21 of the transportation control measures of the State 

22 implementation plan required by the Clean Air Act 

23 (42 U.S.C. 7401 et seq.). 

24 ‘‘(4) PUBLICATION.—A statewide transpor25 tation plan involving Federal and non-Federal parVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00719 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ticipation programs, projects, and strategies shall be 

2 published or otherwise made readily available by the 

3 State for public review, including (to the maximum 

4 extent practicable) in electronically accessible for5 mats and means, such as the Internet, in such man6 ner as the Secretary shall require. 

7 ‘‘(5) SELECTION OF PROJECTS FROM ILLUS8 TRATIVE LIST.—Notwithstanding paragraph (2), a 

9 State shall not be required to select any project from 

10 the illustrative list of additional projects included in 

11 the statewide transportation plan under paragraph 

12 (1)(D)(ii)(IX). 

13 ‘‘(6) USE OF POLICY PLANS.—Notwithstanding 

14 any other provision of this section, a State that has 

15 in effect, as of the date of enactment of the Federal 

16 Public Transportation Act of 2012, a statewide 

17 transportation plan that follows a policy plan ap18 proach— 

19 ‘‘(A) may, for 4 years after the date of en20 actment of the Federal Public Transportation 

21 Act of 2012, continue to use a policy plan ap22 proach to the statewide transportation plan; 

23 and 

24 ‘‘(B) shall be subject to the requirements 

25 of this subsection only to the extent that such 


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1 requirements were applicable under this section 

2 (as in effect on the day before the date of en3 actment of the Federal Public Transportation 

4 Act of 2012). 

5 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

6 PROGRAMS.— 

7 ‘‘(1) DEVELOPMENT.— 

8 ‘‘(A) IN GENERAL.—In consultation with 

9 nonmetropolitan officials with responsibility for 

10 transportation and affected public transpor11 tation operators, the State shall develop a state12 wide transportation improvement program for 

13 the State that— 

14 ‘‘(i) includes projects consistent with 

15 the statewide transportation plan; 

16 ‘‘(ii) reflects the investment priorities 

17 established in the statewide transportation 

18 plan; and 

19 ‘‘(iii) once implemented, makes sig20 nificant progress toward achieving the per21 formance targets described in subsection 

22 (d)(2). 

23 ‘‘(B) OPPORTUNITY FOR PARTICIPA24 TION.—In developing a statewide transportation 

25 improvement program, the State, in cooperation 


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1 with affected public transportation operators, 

2 shall provide an opportunity for participation by 

3 interested parties (including State representa4 tives of nonmotorized users) in the development 

5 of the statewide transportation improvement 

6 program, in accordance with subsection (e). 

7 ‘‘(C) OTHER REQUIREMENTS.— 

8 ‘‘(i) IN GENERAL.—A statewide trans9 portation improvement program shall— 

10 ‘‘(I) cover a period of not less 

11 than 4 years; and 

12 ‘‘(II) be updated not less fre13 quently than once every 4 years, or 

14 more frequently, as the Governor de15 termines to be appropriate. 

16 ‘‘(ii) INCORPORATION OF TIPS.—A 

17 statewide transportation improvement pro18 gram shall incorporate any relevant trans19 portation improvement program developed 

20 by a metropolitan planning organization 

21 under section 5303, without change. 

22 ‘‘(iii) PROJECTS.—Each project in23 cluded in a statewide transportation im24 provement program shall be— 


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1 ‘‘(I) consistent with the statewide 

2 transportation plan developed under 

3 this section for the State; 

4 ‘‘(II) identical to a project or 

5 phase of a project described in a rel6 evant transportation improvement 

7 program; and 

8 ‘‘(III) for any project located in a 

9 nonattainment area or maintenance 

10 area, carried out in accordance with 

11 the applicable State air quality imple12 mentation plan developed under the 

13 Clean Air Act (42 U.S.C. 7401 et 

14 seq.). 

15 ‘‘(2) CONTENTS.— 

16 ‘‘(A) PRIORITY LIST.—A statewide trans17 portation improvement program shall include a 

18 priority list of proposed federally supported 

19 projects and strategies, to be carried out during 

20 the 4-year period beginning on the date of 

21 adoption of the statewide transportation im22 provement program, and during each 4-year pe23 riod thereafter, using existing and reasonably 

24 available revenues in accordance with the finan25 cial plan under paragraph (3). 


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1 ‘‘(B) DESCRIPTIONS.—Each project or 

2 phase of a project included in a statewide trans3 portation improvement program shall include 

4 sufficient descriptive material (such as type of 

5 work, termini, length, estimated completion 

6 date, and other similar factors) to identify— 

7 ‘‘(i) the project or project phase; and 

8 ‘‘(ii) the effect that the project or 

9 project phase will have in addressing the 

10 performance targets described in sub11 section (d)(2). 

12 ‘‘(C) PERFORMANCE TARGET ACHIEVE13 MENT.—A statewide transportation improve14 ment program shall include, to the maximum 

15 extent practicable, a discussion of the antici16 pated effect of the statewide transportation im17 provement program toward achieving the per18 formance targets established in the statewide 

19 transportation plan, linking investment prior20 ities to those performance targets. 

21 ‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 

22 An optional illustrative list of projects may be 

23 prepared containing additional investment pri24 orities that— 


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1 ‘‘(i) are not included in the statewide 

2 transportation improvement program; but 

3 ‘‘(ii) would be so included if resources 

4 in addition to the resources identified in 

5 the financial plan under paragraph (3) 

6 were available. 

7 ‘‘(3) FINANCIAL PLAN.—A financial plan re8 ferred to in paragraph (2)(D)(ii) shall— 

9 ‘‘(A) be prepared by each State to support 

10 the statewide transportation improvement pro11 gram; and 

12 ‘‘(B) contain a description of the following: 

13 ‘‘(i) Projected resource requirements 

14 for implementing projects, strategies, and 

15 services recommended in the statewide 

16 transportation improvement program, in17 cluding existing and projected system oper18 ating and maintenance needs, proposed en19 hancement and expansions to the system, 

20 projected available revenue from Federal, 

21 State, local, and private sources, and inno22 vative financing techniques to finance 

23 projects and programs. 

24 ‘‘(ii) The projected difference between 

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1 curing additional new revenue (such as by 

2 capture of some of the economic value cre3 ated by any new investment). 

4 ‘‘(iii) Estimates of future funds, to be 

5 developed cooperatively by the State and 

6 relevant metropolitan planning organiza7 tions and public transportation agencies, 

8 that are reasonably expected to be avail9 able to support the investment priorities 

10 recommended in the statewide transpor11 tation improvement program. 

12 ‘‘(iv) Each applicable project, only if 

13 full funding can reasonably be anticipated 

14 to be available for the project within the 

15 time period contemplated for completion of 

16 the project. 

17 ‘‘(4) INCLUDED PROJECTS.— 

18 ‘‘(A) PROJECTS UNDER THIS CHAPTER

19 AND TITLE 23.—A statewide transportation im20 provement program developed under this sub21 section for a State shall include the projects 

22 within the State that are proposed for funding 

23 under this chapter and chapter 1 of title 23. 

24 ‘‘(B) PROJECTS UNDER THIS CHAPTER

25 AND CHAPTER 2.— 


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1 ‘‘(i) REGIONALLY SIGNIFICANT.— 

2 Each regionally significant project pro3 posed for funding under this chapter and 

4 chapter 2 of title 23 shall be identified in5 dividually in the statewide transportation 

6 improvement program. 

7 ‘‘(ii) NONREGIONALLY SIGNIFI8 CANT.—A description of each project pro9 posed for funding under this chapter and 

10 chapter 2 of title 23 that is not determined 

11 to be regionally significant shall be con12 tained in 1 line item or identified individ13 ually in the statewide transportation im14 provement program. 

15 ‘‘(5) PUBLICATION.— 

16 ‘‘(A) IN GENERAL.—A statewide transpor17 tation improvement program shall be published 

18 or otherwise made readily available by the State 

19 for public review in electronically accessible for20 mats and means, such as the Internet. 

21 ‘‘(B) ANNUAL LIST OF PROJECTS.—An an22 nual list of projects, including investments in 

23 pedestrian walkways, bicycle transportation fa24 cilities, and intermodal facilities that support 

25 intercity transportation, for which Federal 


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1 funds have been obligated during the preceding 

2 fiscal year shall be published or otherwise made 

3 available by the cooperative effort of the State, 

4 public transportation operator, and relevant 

5 metropolitan planning organizations in elec6 tronically accessible formats and means, such 

7 as the Internet, in a manner that is consistent 

8 with the categories identified in the relevant 

9 statewide transportation improvement program. 

10 ‘‘(6) PROJECT SELECTION FOR URBANIZED

11 AREAS WITH POPULATIONS OF FEWER THAN 200,000

12 NOT REPRESENTED BY DESIGNATED MPOS.— 

13 Projects carried out in urbanized areas with popu14 lations of fewer than 200,000 individuals, as cal15 culated according to the most recent decennial cen16 sus, and that are not represented by designated met17 ropolitan planning organizations, shall be selected 

18 from the approved statewide transportation improve19 ment program (including projects carried out under 

20 this chapter and projects carried out on the National 

21 Highway System) by the State, in cooperation with 

22 the affected nonmetropolitan planning organization, 

23 if any exists, and in consultation with the affected 

24 nonmetropolitan area local officials with responsi25 bility for transportation. 


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1 ‘‘(7) APPROVAL BY SECRETARY.— 

2 ‘‘(A) IN GENERAL.—Not less frequently 

3 than once every 4 years, a statewide transpor4 tation improvement program developed under 

5 this subsection shall be reviewed and approved 

6 by the Secretary, based on the current planning 

7 finding of the Secretary under subparagraph 

8 (B). 

9 ‘‘(B) PLANNING FINDING.—The Secretary 

10 shall make a planning finding referred to in 

11 subparagraph (A) not less frequently than once 

12 every 5 years regarding whether the transpor13 tation planning process through which statewide 

14 transportation plans and statewide transpor15 tation improvement programs are developed is 

16 consistent with this section and section 5303. 

17 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 

18 Notwithstanding any other provision of law, ap19 proval by the Secretary shall not be required to 

20 carry out a project included in an approved state21 wide transportation improvement program in place 

22 of another project in the statewide transportation 

23 improvement program. 

24 ‘‘(h) CERTIFICATION.— 

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


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1 ‘‘(A) ensure that the statewide transpor2 tation planning process of a State is being car3 ried out in accordance with this section and ap4 plicable Federal law (including rules and regu5 lations); and 

6 ‘‘(B) subject to paragraph (2), certify, not 

7 later than 180 days after the date of enactment 

8 of the Federal Public Transportation Act of 

9 2012 and not less frequently than once every 5 

10 years thereafter, that the requirements of sub11 paragraph (A) are met with respect to the 

12 statewide transportation planning process. 

13 ‘‘(2) REQUIREMENTS FOR CERTIFICATION.— 

14 The Secretary may make a certification under para15 graph (1)(B) if— 

16 ‘‘(A) the statewide transportation planning 

17 process complies with the requirements of this 

18 section and other applicable Federal law; and 

19 ‘‘(B) a statewide transportation improve20 ment program for the State has been approved 

21 by the Governor of the State. 

22 ‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 

23 ‘‘(A) WITHHOLDING OF PROJECT

24 FUNDS.—If a statewide transportation planning 

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1 graph (1), the Secretary may withhold up to 20 

2 percent of the funds attributable to the State 

3 for projects funded under this chapter and title 

4 23. 

5 ‘‘(B) RESTORATION OF WITHHELD

6 FUNDS.—Any funds withheld under subpara7 graph (A) shall be restored to the State on the 

8 date of certification of the statewide transpor9 tation planning process by the Secretary. 

10 ‘‘(4) PUBLIC INVOLVEMENT.—In making a de11 termination regarding certification under this sub12 section, the Secretary shall provide for public in13 volvement appropriate to the State under review. 

14 ‘‘(i) PERFORMANCE-BASED PLANNING PROCESSES

15 EVALUATION.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall estab17 lish criteria to evaluate the effectiveness of the per18 formance-based planning processes of States, taking 

19 into consideration the following: 

20 ‘‘(A) The extent to which the State has 

21 achieved, or is currently making substantial 

22 progress toward achieving, the performance tar23 gets described in subsection (d)(2), taking into 

24 account whether the State developed meaningful 

25 performance targets. 


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1 ‘‘(B) The extent to which the State has 

2 used proven best practices that help ensure 

3 transportation investment that is efficient and 

4 cost-effective. 

5 ‘‘(C) The extent to which the State— 

6 ‘‘(i) has developed an investment proc7 ess that relies on public input and aware8 ness to ensure that investments are trans9 parent and accountable; and 

10 ‘‘(ii) provides regular reports allowing 

11 the public to access the information being 

12 collected in a format that allows the public 

13 to meaningfully assess the performance of 

14 the State. 

15 ‘‘(2) REPORT.— 

16 ‘‘(A) IN GENERAL.—Not later than 5 years 

17 after the date of enactment of the Federal Pub18 lic Transportation Act of 2012, the Secretary 

19 shall submit to Congress a report evaluating— 

20 ‘‘(i) the overall effectiveness of per21 formance-based planning as a tool for 

22 guiding transportation investments; and 

23 ‘‘(ii) the effectiveness of the perform24 ance-based planning process of each State. 


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1 ‘‘(B) PUBLICATION.—The report under 

2 subparagraph (A) shall be published or other3 wise made available in electronically accessible 

4 formats and means, including on the Internet. 

5 ‘‘(j) FUNDING.—Funds apportioned under section 

6 104(b)(6) of title 23 and set aside under section 5305(g) 

7 shall be available to carry out this section. 

8 ‘‘(k) CONTINUATION OF CURRENT REVIEW PRAC9 TICE.— 

10 ‘‘(1) IN GENERAL.—In consideration of the fac11 tors described in paragraph (2), any decision by the 

12 Secretary concerning a statewide transportation plan 

13 or statewide transportation improvement program 

14 shall not be considered to be a Federal action sub15 ject to review under the National Environmental 

16 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

17 ‘‘(2) DESCRIPTION OF FACTORS.—The factors 

18 referred to in paragraph (1) are that— 

19 ‘‘(A) statewide transportation plans and 

20 statewide transportation improvement programs 

21 are subject to a reasonable opportunity for pub22 lic comment; 

23 ‘‘(B) the projects included in statewide 

24 transportation plans and statewide transpor25 tation improvement programs are subject to reVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 view under the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.); and 

3 ‘‘(C) decisions by the Secretary concerning 

4 statewide transportation plans and statewide 

5 transportation improvement programs have not 

6 been reviewed under the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et 

8 seq.) as of January 1, 1997. 

9 ‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Sec10 retary shall issue guidance on a schedule for implementa11 tion of the changes made by this section, taking into con12 sideration the established planning update cycle for 

13 States. The Secretary shall not require a State to deviate 

14 from its established planning update cycle to implement 

15 changes made by this section. States shall reflect changes 

16 made to their transportation plan or transportation im17 provement program updates not later than 2 years after 

18 the date of issuance of guidance by the Secretary under 

19 this subsection.’’. 

20 SEC. 20007. PUBLIC TRANSPORTATION EMERGENCY RELIEF 

21 PROGRAM. 

22 (a) IN GENERAL.—Section 5306 of title 49, United 

23 States Code, is amended to read as follows: 


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1 ‘‘§ 5306. Public transportation emergency relief pro2 gram 

3 ‘‘(a) DEFINITION.—In this section the following defi4 nitions shall apply: 

5 ‘‘(1) ELIGIBLE OPERATING COSTS.—The term 

6 ‘eligible operating costs’ means costs relating to— 

7 ‘‘(A) evacuation services; 

8 ‘‘(B) rescue operations; 

9 ‘‘(C) temporary public transportation serv10 ice; or 

11 ‘‘(D) reestablishing, expanding, or relo12 cating public transportation route service be13 fore, during, or after an emergency. 

14 ‘‘(2) EMERGENCY.—The term ‘emergency’ 

15 means a natural disaster affecting a wide area (such 

16 as a flood, hurricane, tidal wave, earthquake, severe 

17 storm, or landslide) or a catastrophic failure from 

18 any external cause, as a result of which— 

19 ‘‘(A) the Governor of a State has declared 

20 an emergency and the Secretary has concurred; 

21 or 

22 ‘‘(B) the President has declared a major 

23 disaster under section 401 of the Robert T. 

24 Stafford Disaster Relief and Emergency Assist25 ance Act (42 U.S.C. 5170). 


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1 ‘‘(b) GENERAL AUTHORITY.—The Secretary may 

2 make grants and enter into contracts and other agree3 ments (including agreements with departments, agencies, 

4 and instrumentalities of the Government) for— 

5 ‘‘(1) capital projects to protect, repair, recon6 struct, or replace equipment and facilities of a public 

7 transportation system operating in the United States 

8 or on an Indian reservation that the Secretary deter9 mines is in danger of suffering serious damage, or 

10 has suffered serious damage, as a result of an emer11 gency; and 

12 ‘‘(2) eligible operating costs of public transpor13 tation equipment and facilities in an area directly af14 fected by an emergency during— 

15 ‘‘(A) the 1-year period beginning on the 

16 date of a declaration described in subsection 

17 (a)(2); or 

18 ‘‘(B) if the Secretary determines there is a 

19 compelling need, the 2-year period beginning on 

20 the date of a declaration described in subsection 

21 (a)(2). 

22 ‘‘(c) COORDINATION OF EMERGENCY FUNDS.— 

23 ‘‘(1) USE OF FUNDS.—Funds appropriated to 

24 carry out this section shall be in addition to any 

25 other funds available under this chapter. 


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1 ‘‘(2) NO EFFECT ON OTHER GOVERNMENT AC2 TIVITY.—The provision of funds under this section 

3 shall not affect the ability of any other agency of the 

4 Government, including the Federal Emergency Man5 agement Agency, or a State agency, a local govern6 mental entity, organization, or person, to provide 

7 any other funds otherwise authorized by law. 

8 ‘‘(3) NOTIFICATION.—The Secretary shall no9 tify the Secretary of Homeland Security of the pur10 pose and amount of any grant made or contract or 

11 other agreement entered into under this section. 

12 ‘‘(d) GRANT REQUIREMENTS.—A grant awarded 

13 under this section or under section 5307 or 5311 that is 

14 made to address an emergency defined under subsection 

15 (a)(2) shall be— 

16 ‘‘(1) subject to the terms and conditions the 

17 Secretary determines are necessary; and 

18 ‘‘(2) made only for expenses that are not reim19 bursed under the Robert T. Stafford Disaster Relief 

20 and Emergency Assistance Act (42 U.S.C. 5121 et 

21 seq.). 

22 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

23 ‘‘(1) CAPITAL PROJECTS AND OPERATING AS24 SISTANCE.—A grant, contract, or other agreement 

25 for a capital project or eligible operating costs under 


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1 this section shall be, at the option of the recipient, 

2 for not more than 80 percent of the net project cost, 

3 as determined by the Secretary. 

4 ‘‘(2) NON-FEDERAL SHARE.—The remainder of 

5 the net project cost may be provided from an undis6 tributed cash surplus, a replacement or depreciation 

7 cash fund or reserve, or new capital. 

8 ‘‘(3) WAIVER.—The Secretary may waive, in 

9 whole or part, the non-Federal share required 

10 under— 

11 ‘‘(A) paragraph (2); or 

12 ‘‘(B) section 5307 or 5311, in the case of 

13 a grant made available under section 5307 or 

14 5311, respectively, to address an emergency.’’. 

15 (b) MEMORANDUM OF AGREEMENT.— 

16 (1) PURPOSES.—The purposes of this sub17 section are— 

18 (A) to improve coordination between the 

19 Department of Transportation and the Depart20 ment of Homeland Security; and 

21 (B) to expedite the provision of Federal as22 sistance for public transportation systems for 

23 activities relating to a major disaster or emer24 gency declared by the President under the Rob25 ert T. Stafford Disaster Relief and Emergency 


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1 Assistance Act (42 U.S.C. 5121 et seq.) (re2 ferred to in this subsection as a ‘‘major disaster 

3 or emergency’’). 

4 (2) AGREEMENT.—Not later than 180 days 

5 after the date of enactment of this Act, the Sec6 retary of Transportation and the Secretary of 

7 Homeland Security shall enter into a memorandum 

8 of agreement to coordinate the roles and responsibil9 ities of the Department of Transportation and the 

10 Department of Homeland Security in providing as11 sistance for public transportation, including the pro12 vision of public transportation services and the re13 pair and restoration of public transportation systems 

14 in areas for which the President has declared a 

15 major disaster or emergency. 

16 (3) CONTENTS OF AGREEMENT.—The memo17 randum of agreement required under paragraph (2) 

18 shall— 

19 (A) provide for improved coordination and 

20 expeditious use of public transportation, as ap21 propriate, in response to and recovery from a 

22 major disaster or emergency; 

23 (B) establish procedures to address— 

24 (i) issues that have contributed to 

25 delays in the reimbursement of eligible 


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1 transportation-related expenses relating to 

2 a major disaster or emergency; 

3 (ii) any challenges identified in the re4 view under paragraph (4); and 

5 (iii) the coordination of assistance for 

6 public transportation provided under the 

7 Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act and section 

9 5306 of title 49, United States Code, as 

10 amended by this Act, as appropriate; and 

11 (C) provide for the development and dis12 tribution of clear guidelines for State, local, and 

13 tribal governments, including public transpor14 tation systems, relating to— 

15 (i) assistance available for public 

16 transportation systems for activities relat17 ing to a major disaster or emergency— 

18 (I) under the Robert T. Stafford 

19 Disaster Relief and Emergency Assist20 ance Act; 

21 (II) under section 5306 of title 

22 49, United States Code, as amended 

23 by this Act; and 

24 (III) from other sources, includ25 ing other Federal agencies; and 


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1 (ii) reimbursement procedures that 

2 speed the process of— 

3 (I) applying for assistance under 

4 the Robert T. Stafford Disaster Relief 

5 and Emergency Assistance Act and 

6 section 5306 of title 49, United States 

7 Code, as amended by this Act; and 

8 (II) distributing assistance for 

9 public transportation systems under 

10 the Robert T. Stafford Disaster Relief 

11 and Emergency Assistance Act and 

12 section 5306 of title 49, United States 

13 Code, as amended by this Act. 

14 (4) AFTER ACTION REVIEW.—Before entering 

15 into a memorandum of agreement under paragraph 

16 (2), the Secretary of Transportation and the Sec17 retary of Homeland Security (acting through the 

18 Administrator of the Federal Emergency Manage19 ment Agency), in consultation with State, local, and 

20 tribal governments (including public transportation 

21 systems) that have experienced a major disaster or 

22 emergency, shall review after action reports relating 

23 to major disasters, emergencies, and exercises, to 

24 identify areas where coordination between the De25 partment of Transportation and the Department of 


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1 Homeland Security and the provision of public 

2 transportation services should be improved. 

3 (5) FACTORS FOR DECLARATIONS OF MAJOR

4 DISASTERS AND EMERGENCIES.—The Administrator 

5 of the Federal Emergency Management Agency shall 

6 make available to State, local, and tribal govern7 ments, including public transportation systems, a de8 scription of the factors that the President considers 

9 in declaring a major disaster or emergency, includ10 ing any pre-disaster emergency declaration policies. 

11 (6) BRIEFINGS.— 

12 (A) INITIAL BRIEFING.—Not later than 

13 180 days after the date of enactment of this 

14 Act, the Secretary of Transportation and the 

15 Secretary of Homeland Security shall jointly 

16 brief the Committee on Banking, Housing, and 

17 Urban Affairs and the Committee on Homeland 

18 Security and Governmental Affairs of the Sen19 ate on the memorandum of agreement required 

20 under paragraph (2). 

21 (B) QUARTERLY BRIEFINGS.—Each quar22 ter of the 1-year period beginning on the date 

23 on which the Secretary of Transportation and 

24 the Secretary of Homeland Security enter into 

25 the memorandum of agreement required under 


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1 paragraph (2), the Secretary of Transportation 

2 and the Secretary of Homeland Security shall 

3 jointly brief the Committee on Banking, Hous4 ing, and Urban Affairs and the Committee on 

5 Homeland Security and Governmental Affairs 

6 of the Senate on the implementation of the 

7 memorandum of agreement. 

8 SEC. 20008. URBANIZED AREA FORMULA GRANTS. 

9 Section 5307 of title 49, United States Code, is 

10 amended to read as follows: 

11 ‘‘§ 5307. Urbanized area formula grants 

12 ‘‘(a) GENERAL AUTHORITY.— 

13 ‘‘(1) GRANTS.—The Secretary may make 

14 grants under this section for— 

15 ‘‘(A) capital projects; 

16 ‘‘(B) planning; and 

17 ‘‘(C) operating costs of equipment and fa18 cilities for use in public transportation in an ur19 banized area with a population of fewer than 

20 200,000 individuals, as determined by the Bu21 reau of the Census. 

22 ‘‘(2) SPECIAL RULE.—The Secretary may make 

23 grants under this section to finance the operating 

24 cost of equipment and facilities for use in public 

25 transportation, excluding rail fixed guideway, in an 


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1 urbanized area with a population of not fewer than 

2 200,000 individuals, as determined by the Bureau of 

3 the Census— 

4 ‘‘(A) for public transportation systems that 

5 operate 75 or fewer buses during peak service 

6 hours, in an amount not to exceed 75 percent 

7 of the share of the apportionment which is at8 tributable to such systems within the urbanized 

9 area, as measured by vehicle revenue hours; and 

10 ‘‘(B) for public transportation systems that 

11 operate a minimum of 76 buses and a max12 imum of 100 buses during peak service hours, 

13 in an amount not to exceed 50 percent of the 

14 share of the apportionment which is attrib15 utable to such systems within the urbanized 

16 area, as measured by vehicle revenue hours. 

17 ‘‘(3) TEMPORARY AND TARGETED ASSIST18 ANCE.— 

19 ‘‘(A) ELIGIBILITY.—The Secretary may 

20 make a grant under this section to finance the 

21 operating cost of equipment and facilities to a 

22 recipient for use in public transportation in an 

23 area that the Secretary determines has— 


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1 ‘‘(i) a population of not fewer than 

2 200,000 individuals, as determined by the 

3 Bureau of the Census; and 

4 ‘‘(ii) a 3-month unemployment rate, 

5 as reported by the Bureau of Labor Statis6 tics, that is— 

7 ‘‘(I) greater than 7 percent; and 

8 ‘‘(II) at least 2 percentage points 

9 greater than the lowest 3-month un10 employment rate for the area during 

11 the 5-year period preceding the date 

12 of the determination. 

13 ‘‘(B) AWARD OF GRANT.— 

14 ‘‘(i) IN GENERAL.—Except as other15 wise provided in this subparagraph, the 

16 Secretary may make a grant under this 

17 section for not more than 2 consecutive fis18 cal years. 

19 ‘‘(ii) ADDITIONAL YEAR.—If, at the 

20 end of the second fiscal year following the 

21 date on which the Secretary makes a de22 termination under subparagraph (A) with 

23 respect to an area, the Secretary deter24 mines that the 3-month unemployment 

25 rate for the area is at least 2 percentage 


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1 points greater than the unemployment rate 

2 for the area at the time the Secretary 

3 made the determination under subpara4 graph (A), the Secretary may make a 

5 grant to a recipient in the area for 1 addi6 tional consecutive fiscal year. 

7 ‘‘(iii) EXCLUSION PERIOD.—Begin8 ning on the last day of the last consecutive 

9 fiscal year for which a recipient receives a 

10 grant under this paragraph, the Secretary 

11 may not make a subsequent grant under 

12 this paragraph to the recipient for a num13 ber of fiscal years equal to the number of 

14 consecutive fiscal years in which the recipi15 ent received a grant under this paragraph. 

16 ‘‘(C) LIMITATION.— 

17 ‘‘(i) FIRST FISCAL YEAR.—For the 

18 first fiscal year following the date on which 

19 the Secretary makes a determination under 

20 subparagraph (A) with respect to an area, 

21 not more than 25 percent of the amount 

22 apportioned to a designated recipient 

23 under section 5336 for the fiscal year shall 

24 be available for operating assistance for 

25 the area. 


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1 ‘‘(ii) SECOND AND THIRD FISCAL

2 YEARS.—For the second and third fiscal 

3 years following the date on which the Sec4 retary makes a determination under sub5 paragraph (A) with respect to an area, not 

6 more than 20 percent of the amount ap7 portioned to a designated recipient under 

8 section 5336 for the fiscal year shall be 

9 available for operating assistance for the 

10 area. 

11 ‘‘(D) PERIOD OF AVAILABILITY FOR OPER12 ATING ASSISTANCE.—Operating assistance 

13 awarded under this paragraph shall be available 

14 for expenditure to a recipient in an area until 

15 the end of the second fiscal year following the 

16 date on which the Secretary makes a deter17 mination under subparagraph (A) with respect 

18 to the area, after which time any unexpended 

19 funds shall be available to the recipient for 

20 other eligible activities under this section. 

21 ‘‘(E) CERTIFICATION.—The Secretary may 

22 make a grant for operating assistance under 

23 this paragraph for a fiscal year only if the re24 cipient certifies that— 


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1 ‘‘(i) the recipient will maintain public 

2 transportation service levels at or above 

3 the current service level, which shall be 

4 demonstrated by providing an equal or 

5 greater number of vehicle hours of service 

6 in the fiscal year than the number of vehi7 cle hours of service provided in the pre8 ceding fiscal year; 

9 ‘‘(ii) any non-Federal entity that pro10 vides funding to the recipient, including a 

11 State or local governmental entity, will 

12 maintain the tax rate or rate of allocations 

13 dedicated to public transportation at or 

14 above the rate for the preceding fiscal 

15 year; 

16 ‘‘(iii) the recipient has allocated the 

17 maximum amount of funding under this 

18 section for preventive maintenance costs el19 igible as a capital expense necessary to 

20 maintain the level and quality of service 

21 provided in the preceding fiscal year; and 

22 ‘‘(iv) the recipient will not use funding 

23 under this section for new capital assets 

24 except as necessary for the existing system 

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1 pair, assure safety, or replace obsolete 

2 technology. 

3 ‘‘(b) ACCESS TO JOBS PROJECTS.— 

4 ‘‘(1) IN GENERAL.—A designated recipient shall 

5 expend not less than 3 percent of the amount appor6 tioned to the designated recipient under section 

7 5336 or an amount equal to the amount apportioned 

8 to the designated recipient in fiscal year 2011 to 

9 carry out section 5316 (as in effect for fiscal year 

10 2011), whichever is less, to carry out a program to 

11 develop and maintain job access projects. Eligible 

12 projects may include— 

13 ‘‘(A) a project relating to the development 

14 and maintenance of public transportation serv15 ices designed to transport eligible low-income 

16 individuals to and from jobs and activities re17 lated to their employment, including— 

18 ‘‘(i) a public transportation project to 

19 finance planning, capital, and operating 

20 costs of providing access to jobs under this 

21 chapter; 

22 ‘‘(ii) promoting public transportation 

23 by low-income workers, including the use 

24 of public transportation by workers with 

25 nontraditional work schedules; 


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1 ‘‘(iii) promoting the use of public 

2 transportation vouchers for welfare recipi3 ents and eligible low-income individuals; 

4 and 

5 ‘‘(iv) promoting the use of employer6 provided transportation, including the 

7 transit pass benefit program under section 

8 132 of the Internal Revenue Code of 1986; 

9 and 

10 ‘‘(B) a transportation project designed to 

11 support the use of public transportation includ12 ing— 

13 ‘‘(i) enhancements to existing public 

14 transportation service for workers with 

15 non-traditional hours or reverse commutes; 

16 ‘‘(ii) guaranteed ride home programs; 

17 ‘‘(iii) bicycle storage facilities; and 

18 ‘‘(iv) projects that otherwise facilitate 

19 the provision of public transportation serv20 ices to employment opportunities. 

21 ‘‘(2) PROJECT SELECTION AND PLAN DEVELOP22 MENT.—Each grant recipient under this subsection 

23 shall certify that— 


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1 ‘‘(A) the projects selected were included in 

2 a locally developed, coordinated public transit3 human services transportation plan; 

4 ‘‘(B) the plan was developed and approved 

5 through a process that included individuals with 

6 low incomes, representatives of public, private, 

7 and nonprofit transportation and human serv8 ices providers, and participation by the public; 

9 ‘‘(C) services funded under this subsection 

10 are coordinated with transportation services 

11 funded by other Federal departments and agen12 cies to the maximum extent feasible; and 

13 ‘‘(D) allocations of the grant to subrecipi14 ents, if any, are distributed on a fair and equi15 table basis. 

16 ‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO

17 SUBRECIPIENTS.— 

18 ‘‘(A) AREAWIDE SOLICITATIONS.—A re19 cipient of funds apportioned under this sub20 section may conduct, in cooperation with the 

21 appropriate metropolitan planning organization, 

22 an areawide solicitation for applications for 

23 grants to the recipient and subrecipients under 

24 this subsection. 


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1 ‘‘(B) APPLICATION.—If the recipient elects 

2 to engage in a competitive process, recipients 

3 and subrecipients seeking to receive a grant 

4 from apportioned funds shall submit to the re5 cipient an application in the form and in ac6 cordance with such requirements as the recipi7 ent shall establish. 

8 ‘‘(c) PROGRAM OF PROJECTS.—Each recipient of a 

9 grant shall— 

10 ‘‘(1) make available to the public information 

11 on amounts available to the recipient under this sec12 tion; 

13 ‘‘(2) develop, in consultation with interested 

14 parties, including private transportation providers, a 

15 proposed program of projects for activities to be fi16 nanced; 

17 ‘‘(3) publish a proposed program of projects in 

18 a way that affected individuals, private transpor19 tation providers, and local elected officials have the 

20 opportunity to examine the proposed program and 

21 submit comments on the proposed program and the 

22 performance of the recipient; 

23 ‘‘(4) provide an opportunity for a public hearing 

24 in which to obtain the views of individuals on the 

25 proposed program of projects; 


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1 ‘‘(5) ensure that the proposed program of 

2 projects provides for the coordination of public 

3 transportation services assisted under section 5336 

4 of this title with transportation services assisted 

5 from other United States Government sources; 

6 ‘‘(6) consider comments and views received, es7 pecially those of private transportation providers, in 

8 preparing the final program of projects; and 

9 ‘‘(7) make the final program of projects avail10 able to the public. 

11 ‘‘(d) GRANT RECIPIENT REQUIREMENTS.—A recipi12 ent may receive a grant in a fiscal year only if— 

13 ‘‘(1) the recipient, within the time the Secretary 

14 prescribes, submits a final program of projects pre15 pared under subsection (c) of this section and a cer16 tification for that fiscal year that the recipient (in17 cluding a person receiving amounts from a Governor 

18 under this section)— 

19 ‘‘(A) has or will have the legal, financial, 

20 and technical capacity to carry out the pro21 gram, including safety and security aspects of 

22 the program; 

23 ‘‘(B) has or will have satisfactory con24 tinuing control over the use of equipment and 

25 facilities; 


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1 ‘‘(C) will maintain equipment and facili2 ties; 

3 ‘‘(D) will ensure that, during non-peak 

4 hours for transportation using or involving a fa5 cility or equipment of a project financed under 

6 this section, a fare that is not more than 50 

7 percent of the peak hour fare will be charged 

8 for any— 

9 ‘‘(i) senior; 

10 ‘‘(ii) individual who, because of illness, 

11 injury, age, congenital malfunction, or 

12 other incapacity or temporary or perma13 nent disability (including an individual who 

14 is a wheelchair user or has semiambulatory 

15 capability), cannot use a public transpor16 tation service or a public transportation fa17 cility effectively without special facilities, 

18 planning, or design; and 

19 ‘‘(iii) individual presenting a Medicare 

20 card issued to that individual under title II 

21 or XVIII of the Social Security Act (42 

22 U.S.C. 401 et seq. and 1395 et seq.); 

23 ‘‘(E) in carrying out a procurement under 

24 this section, will comply with sections 5323 and 

25 5325; 


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1 ‘‘(F) has complied with subsection (c) of 

2 this section; 

3 ‘‘(G) has available and will provide the re4 quired amounts as provided by subsection (e) of 

5 this section; 

6 ‘‘(H) will comply with sections 5303 and 

7 5304; 

8 ‘‘(I) has a locally developed process to so9 licit and consider public comment before raising 

10 a fare or carrying out a major reduction of 

11 transportation; 

12 ‘‘(J)(i) will expend for each fiscal year for 

13 public transportation security projects, includ14 ing increased lighting in or adjacent to a public 

15 transportation system (including bus stops, sub16 way stations, parking lots, and garages), in17 creased camera surveillance of an area in or ad18 jacent to that system, providing an emergency 

19 telephone line to contact law enforcement or se20 curity personnel in an area in or adjacent to 

21 that system, and any other project intended to 

22 increase the security and safety of an existing 

23 or planned public transportation system, at 

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1 ceives for each fiscal year under section 5336 of 

2 this title; or 

3 ‘‘(ii) has decided that the expenditure for 

4 security projects is not necessary; 

5 ‘‘(K) in the case of a recipient for an ur6 banized area with a population of not fewer 

7 than 200,000 individuals, as determined by the 

8 Bureau of the Census— 

9 ‘‘(i) will expend not less than 1 per10 cent of the amount the recipient receives 

11 each fiscal year under this section for asso12 ciated transit improvements, as defined in 

13 section 5302; and 

14 ‘‘(ii) will submit an annual report list15 ing projects carried out in the preceding 

16 fiscal year with those funds; and 

17 ‘‘(L) will comply with section 5329(d); and 

18 ‘‘(2) the Secretary accepts the certification. 

19 ‘‘(e) GOVERNMENT SHARE OF COSTS.— 

20 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

21 project under this section shall be for 80 percent of 

22 the net project cost of the project. The recipient may 

23 provide additional local matching amounts. 


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1 ‘‘(2) OPERATING EXPENSES.—A grant for oper2 ating expenses under this section may not exceed 50 

3 percent of the net project cost of the project. 

4 ‘‘(3) REMAINING COSTS.—Subject to paragraph 

5 (4), the remainder of the net project costs shall be 

6 provided— 

7 ‘‘(A) in cash from non-Government sources 

8 other than revenues from providing public 

9 transportation services; 

10 ‘‘(B) from revenues from the sale of adver11 tising and concessions; 

12 ‘‘(C) from an undistributed cash surplus, a 

13 replacement or depreciation cash fund or re14 serve, or new capital; 

15 ‘‘(D) from amounts appropriated or other16 wise made available to a department or agency 

17 of the Government (other than the Department 

18 of Transportation) that are eligible to be ex19 pended for transportation; and 

20 ‘‘(E) from amounts received under a serv21 ice agreement with a State or local social serv22 ice agency or private social service organization. 

23 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes 

24 of subparagraphs (D) and (E) of paragraph (3), the 

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1 quirements under section 403(a)(5)(C)(vii) of the 

2 Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) 

3 shall not apply to Federal or State funds to be used 

4 for transportation purposes. 

5 ‘‘(f) UNDERTAKING PROJECTS IN ADVANCE.— 

6 ‘‘(1) PAYMENT.—The Secretary may pay the 

7 Government share of the net project cost to a State 

8 or local governmental authority that carries out any 

9 part of a project eligible under subparagraph (A) or 

10 (B) of subsection (a)(1) without the aid of amounts 

11 of the Government and according to all applicable 

12 procedures and requirements if— 

13 ‘‘(A) the recipient applies for the payment; 

14 ‘‘(B) the Secretary approves the payment; 

15 and 

16 ‘‘(C) before carrying out any part of the 

17 project, the Secretary approves the plans and 

18 specifications for the part in the same way as 

19 for other projects under this section. 

20 ‘‘(2) APPROVAL OF APPLICATION.—The Sec21 retary may approve an application under paragraph 

22 (1) of this subsection only if an authorization for 

23 this section is in effect for the fiscal year to which 

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1 prove an application if the payment will be more 

2 than— 

3 ‘‘(A) the recipient’s expected apportion4 ment under section 5336 of this title if the total 

5 amount authorized to be appropriated for the 

6 fiscal year to carry out this section is appro7 priated; less 

8 ‘‘(B) the maximum amount of the appor9 tionment that may be made available for 

10 projects for operating expenses under this sec11 tion. 

12 ‘‘(3) FINANCING COSTS.— 

13 ‘‘(A) IN GENERAL.—The cost of carrying 

14 out part of a project includes the amount of in15 terest earned and payable on bonds issued by 

16 the recipient to the extent proceeds of the 

17 bonds are expended in carrying out the part. 

18 ‘‘(B) LIMITATION ON THE AMOUNT OF IN19 TEREST.—The amount of interest allowed 

20 under this paragraph may not be more than the 

21 most favorable financing terms reasonably 

22 available for the project at the time of bor23 rowing. 

24 ‘‘(C) CERTIFICATION.—The applicant shall 

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1 retary, that the applicant has shown reasonable 

2 diligence in seeking the most favorable financ3 ing terms. 

4 ‘‘(g) REVIEWS, AUDITS, AND EVALUATIONS.— 

5 ‘‘(1) ANNUAL REVIEW.— 

6 ‘‘(A) IN GENERAL.—At least annually, the 

7 Secretary shall carry out, or require a recipient 

8 to have carried out independently, reviews and 

9 audits the Secretary considers appropriate to 

10 establish whether the recipient has carried 

11 out— 

12 ‘‘(i) the activities proposed under sub13 section (d) of this section in a timely and 

14 effective way and can continue to do so; 

15 and 

16 ‘‘(ii) those activities and its certifi17 cations and has used amounts of the Gov18 ernment in the way required by law. 

19 ‘‘(B) AUDITING PROCEDURES.—An audit 

20 of the use of amounts of the Government shall 

21 comply with the auditing procedures of the 

22 Comptroller General. 

23 ‘‘(2) TRIENNIAL REVIEW.—At least once every 

24 3 years, the Secretary shall review and evaluate 

25 completely the performance of a recipient in carrying 


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1 out the recipient’s program, specifically referring to 

2 compliance with statutory and administrative re3 quirements and the extent to which actual program 

4 activities are consistent with the activities proposed 

5 under subsection (d) of this section and the planning 

6 process required under sections 5303, 5304, and 

7 5305 of this title. To the extent practicable, the Sec8 retary shall coordinate such reviews with any related 

9 State or local reviews. 

10 ‘‘(3) ACTIONS RESULTING FROM REVIEW, 

11 AUDIT, OR EVALUATION.—The Secretary may take 

12 appropriate action consistent with a review, audit, 

13 and evaluation under this subsection, including mak14 ing an appropriate adjustment in the amount of a 

15 grant or withdrawing the grant. 

16 ‘‘(h) TREATMENT.—For purposes of this section, the 

17 United States Virgin Islands shall be treated as an urban18 ized area, as defined in section 5302. 

19 ‘‘(i) PASSENGER FERRY GRANT PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary may make 

21 grants under this subsection to recipients for pas22 senger ferry projects that are eligible for a grant 

23 under subsection (a). 

24 ‘‘(2) GRANT REQUIREMENTS.—Except as other25 wise provided in this subsection, a grant under this 


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1 subsection shall be subject to the same terms and 

2 conditions as a grant under subsection (a). 

3 ‘‘(3) COMPETITIVE PROCESS.—The Secretary 

4 shall solicit grant applications and make grants for 

5 eligible projects on a competitive basis. 

6 ‘‘(4) GEOGRAPHICALLY CONSTRAINED AREAS.— 

7 Of the amounts made available to carry out this sub8 section, $10,000,000 shall be for capital grants re9 lating to passenger ferries in areas with limited or 

10 no access to public transportation as a result of geo11 graphical constraints.’’. 

12 SEC. 20009. CLEAN FUEL GRANT PROGRAM. 

13 Section 5308 of title 49, United States Code, is 

14 amended to read as follows: 

15 ‘‘§ 5308. Clean fuel grant program 

16 ‘‘(a) DEFINITIONS.—In this section, the following 

17 definitions shall apply: 

18 ‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel 

19 bus’ means a bus that is a clean fuel vehicle. 

20 ‘‘(2) CLEAN FUEL VEHICLE.—The term ‘clean 

21 fuel vehicle’ means— 

22 ‘‘(A) a passenger vehicle used to provide 

23 public transportation that the Administrator of 

24 the Environmental Protection Agency has cer25 tified sufficiently reduces energy consumption 


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1 or reduces harmful emissions, including direct 

2 carbon emissions, when compared to a com3 parable standard vehicle; or 

4 ‘‘(B) a zero emission bus used to provide 

5 public transportation. 

6 ‘‘(3) DIRECT CARBON EMISSIONS.—The term 

7 ‘direct carbon emissions’ means the quantity of di8 rect greenhouse gas emissions from a vehicle, as de9 termined by the Administrator of the Environmental 

10 Protection Agency. 

11 ‘‘(4) ELIGIBLE AREA.—The term ‘eligible area’ 

12 means an area that is— 

13 ‘‘(A) designated as a nonattainment area 

14 for ozone or carbon monoxide under section 

15 107(d) of the Clean Air Act (42 U.S.C. 

16 7407(d)); or 

17 ‘‘(B) a maintenance area, as defined in 

18 section 5303, for ozone or carbon monoxide. 

19 ‘‘(5) ELIGIBLE PROJECT.—The term ‘eligible 

20 project’ means a project or program of projects in 

21 an eligible area for— 

22 ‘‘(A) acquiring or leasing clean fuel vehi23 cles; 

24 ‘‘(B) constructing or leasing facilities and 

25 related equipment for clean fuel vehicles; 


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1 ‘‘(C) constructing new public transpor2 tation facilities to accommodate clean fuel vehi3 cles; or 

4 ‘‘(D) rehabilitating or improving existing 

5 public transportation facilities to accommodate 

6 clean fuel vehicles. 

7 ‘‘(6) RECIPIENT.—The term ‘recipient’ 

8 means— 

9 ‘‘(A) for an eligible area that is an urban10 ized area with a population of fewer than 

11 200,000 individuals, as determined by the Bu12 reau of the Census, the State in which the eligi13 ble area is located; and 

14 ‘‘(B) for an eligible area not described in 

15 subparagraph (A), the designated recipient for 

16 the eligible area. 

17 ‘‘(7) ZERO EMISSION BUS.—The term ‘zero 

18 emission bus’ means a clean fuel vehicle that pro19 duces no carbon or particulate matter. 

20 ‘‘(b) AUTHORITY.—The Secretary may make grants 

21 to recipients to finance eligible projects under this section. 

22 ‘‘(c) GRANT REQUIREMENTS.— 

23 ‘‘(1) IN GENERAL.—A grant under this section 

24 shall be subject to the requirements of section 5307. 


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1 ‘‘(2) GOVERNMENT SHARE OF COSTS FOR CER2 TAIN PROJECTS.—Section 5323(j) applies to projects 

3 carried out under this section, unless the grant re4 cipient requests a lower grant percentage. 

5 ‘‘(3) COMBINATION OF FUNDING SOURCES.— 

6 ‘‘(A) COMBINATION PERMITTED.—A 

7 project carried out under this section may re8 ceive funding under section 5307, or any other 

9 provision of law. 

10 ‘‘(B) GOVERNMENT SHARE.—Nothing in 

11 this paragraph may be construed to alter the 

12 Government share required under this section, 

13 section 5307, or any other provision of law. 

14 ‘‘(d) MINIMUM AMOUNTS.—Of amounts made avail15 able by or appropriated under section 5338(a)(2)(D) in 

16 each fiscal year to carry out this section— 

17 ‘‘(1) not less than 65 percent shall be made 

18 available to fund eligible projects relating to clean 

19 fuel buses; and 

20 ‘‘(2) not less than 10 percent shall be made 

21 available for eligible projects relating to facilities and 

22 related equipment for clean fuel buses. 

23 ‘‘(e) COMPETITIVE PROCESS.—The Secretary shall 

24 solicit grant applications and make grants for eligible 

25 projects on a competitive basis. 


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1 ‘‘(f) PRIORITY CONSIDERATION.—In making grants 

2 under this section, the Secretary shall give priority to 

3 projects relating to clean fuel buses that make greater re4 ductions in energy consumption and harmful emissions, 

5 including direct carbon emissions, than comparable stand6 ard buses or other clean fuel buses. 

7 ‘‘(g) AVAILABILITY OF FUNDS.—Any amounts made 

8 available or appropriated to carry out this section— 

9 ‘‘(1) shall remain available to an eligible project 

10 for 2 years after the fiscal year for which the 

11 amount is made available or appropriated; and 

12 ‘‘(2) that remain unobligated at the end of the 

13 period described in paragraph (1) shall be added to 

14 the amount made available to an eligible project in 

15 the following fiscal year.’’. 

16 SEC. 20010. FIXED GUIDEWAY CAPITAL INVESTMENT 

17 GRANTS. 

18 (a) IN GENERAL.—Section 5309 of title 49, United 

19 States Code, is amended to read as follows: 

20 ‘‘§ 5309. Fixed guideway capital investment grants 

21 ‘‘(a) DEFINITIONS.—In this section, the following 

22 definitions shall apply: 

23 ‘‘(1) APPLICANT.—The term ‘applicant’ means 

24 a State or local governmental authority that applies 

25 for a grant under this section. 


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1 ‘‘(2) BUS RAPID TRANSIT PROJECT.—The term 

2 ‘bus rapid transit project’ means a single route bus 

3 capital project— 

4 ‘‘(A) if— 

5 ‘‘(i) a majority of the project operates 

6 in a separated right-of-way dedicated for 

7 public transportation use during peak peri8 ods; or 

9 ‘‘(ii) a substantial portion of the 

10 project operates in a separated right-of11 way that is semi-dedicated for public trans12 portation use during peak periods and in13 cludes other physical elements that reduce 

14 public transportation vehicle travel time 

15 and increase service reliability; 

16 ‘‘(B) that represents a substantial invest17 ment in a single route in a defined corridor or 

18 subarea; and 

19 ‘‘(C) that includes features that emulate 

20 the services provided by rail fixed guideway 

21 public transportation systems, including— 

22 ‘‘(i) defined stations; 

23 ‘‘(ii) traffic signal priority for public 

24 transportation vehicles; 


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1 ‘‘(iii) short headway bidirectional serv2 ices for a substantial part of weekdays and 

3 weekend days; and 

4 ‘‘(iv) any other features the Secretary 

5 may determine are necessary to produce 

6 high-quality public transportation services 

7 that emulate the services provided by rail 

8 fixed guideway public transportation sys9 tems. 

10 ‘‘(3) CORE CAPACITY IMPROVEMENT

11 PROJECT.—The term ‘core capacity improvement 

12 project’ means a substantial corridor-based capital 

13 investment in an existing fixed guideway system that 

14 adds capacity and functionality. 

15 ‘‘(4) NEW FIXED GUIDEWAY CAPITAL

16 PROJECT.—The term ‘new fixed guideway capital 

17 project’ means— 

18 ‘‘(A) a new fixed guideway project that is 

19 a minimum operable segment or extension to an 

20 existing fixed guideway system; or 

21 ‘‘(B) a bus rapid transit project that is a 

22 minimum operable segment or an extension to 

23 an existing bus rapid transit system. 


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1 ‘‘(5) PROGRAM OF INTERRELATED PROJECTS.— 

2 The term ‘program of interrelated projects’ means 

3 the simultaneous development of— 

4 ‘‘(A) 2 or more new fixed guideway capital 

5 projects or core capacity improvement projects; 

6 or 

7 ‘‘(B) 1 or more new fixed guideway capital 

8 projects and 1 or more core capacity improve9 ment projects. 

10 ‘‘(b) GENERAL AUTHORITY.—The Secretary may 

11 make grants under this section to State and local govern12 mental authorities to assist in financing— 

13 ‘‘(1) new fixed guideway capital projects, in14 cluding the acquisition of real property, the initial 

15 acquisition of rolling stock for the system, the acqui16 sition of rights-of-way, and relocation, for fixed 

17 guideway corridor development for projects in the 

18 advanced stages of project development or engineer19 ing; and 

20 ‘‘(2) core capacity improvement projects, includ21 ing the acquisition of real property, the acquisition 

22 of rights-of-way, double tracking, signalization im23 provements, electrification, expanding system plat24 forms, acquisition of rolling stock, construction of 

25 infill stations, and such other capacity improvement 


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1 projects as the Secretary determines are appro2 priate. 

3 ‘‘(c) GRANT REQUIREMENTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary may make a 

5 grant under this section for new fixed guideway cap6 ital projects or core capacity improvement projects, 

7 if the Secretary determines that— 

8 ‘‘(A) the project is part of an approved 

9 transportation plan required under sections 

10 5303 and 5304; and 

11 ‘‘(B) the applicant has, or will have— 

12 ‘‘(i) the legal, financial, and technical 

13 capacity to carry out the project, including 

14 the safety and security aspects of the 

15 project; 

16 ‘‘(ii) satisfactory continuing control 

17 over the use of the equipment or facilities; 

18 and 

19 ‘‘(iii) the technical and financial ca20 pacity to maintain new and existing equip21 ment and facilities. 

22 ‘‘(2) CERTIFICATION.—An applicant that has 

23 submitted the certifications required under subpara24 graphs (A), (B), (C), and (H) of section 5307(d)(1) 

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1 tion upon which the Secretary may make the deter2 minations required under this subsection. 

3 ‘‘(3) TECHNICAL CAPACITY.—The Secretary 

4 shall use an expedited technical capacity review 

5 process for applicants that have recently and suc6 cessfully completed at least 1 new bus rapid transit 

7 project, new fixed guideway capital project, or core 

8 capacity improvement project, if— 

9 ‘‘(A) the applicant achieved budget, cost, 

10 and ridership outcomes for the project that are 

11 consistent with or better than projections; and 

12 ‘‘(B) the applicant demonstrates that the 

13 applicant continues to have the staff expertise 

14 and other resources necessary to implement a 

15 new project. 

16 ‘‘(4) RECIPIENT REQUIREMENTS.—A recipient 

17 of a grant awarded under this section shall be sub18 ject to all terms, conditions, requirements, and pro19 visions that the Secretary determines to be necessary 

20 or appropriate for purposes of this section. 

21 ‘‘(d) NEW FIXED GUIDEWAY GRANTS.— 

22 ‘‘(1) PROJECT DEVELOPMENT PHASE.— 

23 ‘‘(A) ENTRANCE INTO PROJECT DEVELOP24 MENT PHASE.—A new fixed guideway capital 


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1 project shall enter into the project development 

2 phase when— 

3 ‘‘(i) the applicant— 

4 ‘‘(I) submits a letter to the Sec5 retary describing the project and re6 questing entry into the project devel7 opment phase; and 

8 ‘‘(II) initiates activities required 

9 to be carried out under the National 

10 Environmental Policy Act of 1969 (42 

11 U.S.C. 4321 et seq.) with respect to 

12 the project; and 

13 ‘‘(ii) the Secretary responds in writing 

14 to the applicant within 45 days whether 

15 the information provided is sufficient to 

16 enter into the project development phase, 

17 including, when necessary, a detailed de18 scription of any information deemed insuf19 ficient. 

20 ‘‘(B) ACTIVITIES DURING PROJECT DEVEL21 OPMENT PHASE.—Concurrent with the analysis 

22 required to be made under the National Envi23 ronmental Policy Act of 1969 (42 U.S.C. 4321 

24 et seq.), each applicant shall develop sufficient 

25 information to enable the Secretary to make 


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1 findings of project justification, policies and 

2 land use patterns that promote public transpor3 tation, and local financial commitment under 

4 this subsection. 

5 ‘‘(C) COMPLETION OF PROJECT DEVELOP6 MENT ACTIVITIES REQUIRED.— 

7 ‘‘(i) IN GENERAL.—Not later than 2 

8 years after the date on which a project en9 ters into the project development phase, 

10 the applicant shall complete the activities 

11 required to obtain a project rating under 

12 subsection (g)(2) and submit completed 

13 documentation to the Secretary. 

14 ‘‘(ii) EXTENSION OF TIME.—Upon the 

15 request of an applicant, the Secretary may 

16 extend the time period under clause (i), if 

17 the applicant submits to the Secretary— 

18 ‘‘(I) a reasonable plan for com19 pleting the activities required under 

20 this paragraph; and 

21 ‘‘(II) an estimated time period 

22 within which the applicant will com23 plete such activities. 

24 ‘‘(2) ENGINEERING PHASE.— 


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1 ‘‘(A) IN GENERAL.—A new fixed guideway 

2 capital project may advance to the engineering 

3 phase upon completion of activities required 

4 under the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.), as demonstrated 

6 by a record of decision with respect to the 

7 project, a finding that the project has no sig8 nificant impact, or a determination that the 

9 project is categorically excluded, only if the Sec10 retary determines that the project— 

11 ‘‘(i) is selected as the locally preferred 

12 alternative at the completion of the process 

13 required under the National Environ14 mental Policy Act of 1969 (42 U.S.C. 

15 4321 et seq.); 

16 ‘‘(ii) is adopted into the metropolitan 

17 transportation plan required under section 

18 5303; 

19 ‘‘(iii) is justified based on a com20 prehensive review of the project’s mobility 

21 improvements, environmental benefits, and 

22 cost-effectiveness, as measured by cost per 

23 rider; 

24 ‘‘(iv) is supported by policies and land 

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1 tation, including plans for future land use 

2 and rezoning, and economic development 

3 around public transportation stations; and 

4 ‘‘(v) is supported by an acceptable de5 gree of local financial commitment (includ6 ing evidence of stable and dependable fi7 nancing sources), as required under sub8 section (f). 

9 ‘‘(B) DETERMINATION THAT PROJECT IS

10 JUSTIFIED.—In making a determination under 

11 subparagraph (A)(iii), the Secretary shall evalu12 ate, analyze, and consider— 

13 ‘‘(i) the reliability of the forecasting 

14 methods used to estimate costs and utiliza15 tion made by the recipient and the contrac16 tors to the recipient; and 

17 ‘‘(ii) population density and current 

18 public transportation ridership in the 

19 transportation corridor. 

20 ‘‘(e) CORE CAPACITY IMPROVEMENT PROJECTS.— 

21 ‘‘(1) PROJECT DEVELOPMENT PHASE.— 

22 ‘‘(A) ENTRANCE INTO PROJECT DEVELOP23 MENT PHASE.—A core capacity improvement 

24 project shall be deemed to have entered into the 

25 project development phase if— 


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1 ‘‘(i) the applicant— 

2 ‘‘(I) submits a letter to the Sec3 retary describing the project and re4 questing entry into the project devel5 opment phase; and 

6 ‘‘(II) initiates activities required 

7 to be carried out under the National 

8 Environmental Policy Act of 1969 (42 

9 U.S.C. 4321 et seq.) with respect to 

10 the project; and 

11 ‘‘(ii) the Secretary responds in writing 

12 to the applicant within 45 days whether 

13 the information provided is sufficient to 

14 enter into the project development phase, 

15 including when necessary a detailed de16 scription of any information deemed insuf17 ficient. 

18 ‘‘(B) ACTIVITIES DURING PROJECT DEVEL19 OPMENT PHASE.—Concurrent with the analysis 

20 required to be made under the National Envi21 ronmental Policy Act of 1969 (42 U.S.C. 4321 

22 et seq.), each applicant shall develop sufficient 

23 information to enable the Secretary to make 

24 findings of project justification and local finan25 cial commitment under this subsection. 


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1 ‘‘(C) COMPLETION OF PROJECT DEVELOP2 MENT ACTIVITIES REQUIRED.— 

3 ‘‘(i) IN GENERAL.—Not later than 2 

4 years after the date on which a project en5 ters into the project development phase, 

6 the applicant shall complete the activities 

7 required to obtain a project rating under 

8 subsection (g)(2) and submit completed 

9 documentation to the Secretary. 

10 ‘‘(ii) EXTENSION OF TIME.—Upon the 

11 request of an applicant, the Secretary may 

12 extend the time period under clause (i), if 

13 the applicant submits to the Secretary— 

14 ‘‘(I) a reasonable plan for com15 pleting the activities required under 

16 this paragraph; and 

17 ‘‘(II) an estimated time period 

18 within which the applicant will com19 plete such activities. 

20 ‘‘(2) ENGINEERING PHASE.— 

21 ‘‘(A) IN GENERAL.—A core capacity im22 provement project may advance into the engi23 neering phase upon completion of activities re24 quired under the National Environmental Pol25 icy Act of 1969 (42 U.S.C. 4321 et seq.), as 


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1 demonstrated by a record of decision with re2 spect to the project, a finding that the project 

3 has no significant impact, or a determination 

4 that the project is categorically excluded, only if 

5 the Secretary determines that the project— 

6 ‘‘(i) is selected as the locally preferred 

7 alternative at the completion of the process 

8 required under the National Environ9 mental Policy Act of 1969; 

10 ‘‘(ii) is adopted into the metropolitan 

11 transportation plan required under section 

12 5303; 

13 ‘‘(iii) is in a corridor that is— 

14 ‘‘(I) at or over capacity; or 

15 ‘‘(II) projected to be at or over 

16 capacity within the next 5 years; 

17 ‘‘(iv) is justified based on a com18 prehensive review of the project’s mobility 

19 improvements, environmental benefits, and 

20 cost-effectiveness, as measured by cost per 

21 rider; and 

22 ‘‘(v) is supported by an acceptable de23 gree of local financial commitment (includ24 ing evidence of stable and dependable fiVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 nancing sources), as required under sub2 section (f). 

3 ‘‘(B) DETERMINATION THAT PROJECT IS

4 JUSTIFIED.—In making a determination under 

5 subparagraph (A)(iv), the Secretary shall evalu6 ate, analyze, and consider— 

7 ‘‘(i) the reliability of the forecasting 

8 methods used to estimate costs and utiliza9 tion made by the recipient and the contrac10 tors to the recipient; 

11 ‘‘(ii) whether the project will ade12 quately address the capacity concerns in a 

13 corridor; 

14 ‘‘(iii) whether the project will improve 

15 interconnectivity among existing systems; 

16 and 

17 ‘‘(iv) whether the project will improve 

18 environmental outcomes. 

19 ‘‘(f) FINANCING SOURCES.— 

20 ‘‘(1) REQUIREMENTS.—In determining whether 

21 a project is supported by an acceptable degree of 

22 local financial commitment and shows evidence of 

23 stable and dependable financing sources for purposes 

24 of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Sec25 retary shall require that— 


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1 ‘‘(A) the proposed project plan provides for 

2 the availability of contingency amounts that the 

3 Secretary determines to be reasonable to cover 

4 unanticipated cost increases or funding short5 falls; 

6 ‘‘(B) each proposed local source of capital 

7 and operating financing is stable, reliable, and 

8 available within the proposed project timetable; 

9 and 

10 ‘‘(C) local resources are available to recapi11 talize, maintain, and operate the overall existing 

12 and proposed public transportation system, in13 cluding essential feeder bus and other services 

14 necessary to achieve the projected ridership lev15 els without requiring a reduction in existing 

16 public transportation services or level of service 

17 to operate the project. 

18 ‘‘(2) CONSIDERATIONS.—In assessing the sta19 bility, reliability, and availability of proposed sources 

20 of local financing for purposes of subsection 

21 (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall con22 sider— 

23 ‘‘(A) the reliability of the forecasting meth24 ods used to estimate costs and revenues made 


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1 by the recipient and the contractors to the re2 cipient; 

3 ‘‘(B) existing grant commitments; 

4 ‘‘(C) the degree to which financing sources 

5 are dedicated to the proposed purposes; 

6 ‘‘(D) any debt obligation that exists, or is 

7 proposed by the recipient, for the proposed 

8 project or other public transportation purpose; 

9 and 

10 ‘‘(E) the extent to which the project has a 

11 local financial commitment that exceeds the re12 quired non-Government share of the cost of the 

13 project. 

14 ‘‘(g) PROJECT ADVANCEMENT AND RATINGS.— 

15 ‘‘(1) PROJECT ADVANCEMENT.—A new fixed 

16 guideway capital project or core capacity improve17 ment project proposed to be carried out using a 

18 grant under this section may not advance from the 

19 project development phase to the engineering phase, 

20 or from the engineering phase to the construction 

21 phase, unless the Secretary determines that— 

22 ‘‘(A) the project meets the applicable re23 quirements under this section; and 


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1 ‘‘(B) there is a reasonable likelihood that 

2 the project will continue to meet the require3 ments under this section. 

4 ‘‘(2) RATINGS.— 

5 ‘‘(A) OVERALL RATING.—In making a de6 termination under paragraph (1), the Secretary 

7 shall evaluate and rate a project as a whole on 

8 a 5-point scale (high, medium-high, medium, 

9 medium-low, or low) based on— 

10 ‘‘(i) in the case of a new fixed guide11 way capital project, the project justifica12 tion criteria under subsection 

13 (d)(2)(A)(iii), the policies and land use 

14 patterns that support public transpor15 tation, and the degree of local financial 

16 commitment; and 

17 ‘‘(ii) in the case of a core capacity im18 provement project, the capacity needs of 

19 the corridor, the project justification cri20 teria under subsection (e)(2)(A)(iv), and 

21 the degree of local financial commitment. 

22 ‘‘(B) INDIVIDUAL RATINGS FOR EACH CRI23 TERION.—In rating a project under this para24 graph, the Secretary shall— 


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1 ‘‘(i) provide, in addition to the overall 

2 project rating under subparagraph (A), in3 dividual ratings for each of the criteria es4 tablished under subsection (d)(2)(A)(iii) or 

5 (e)(2)(A)(iv), as applicable; and 

6 ‘‘(ii) give comparable, but not nec7 essarily equal, numerical weight to each of 

8 the criteria established under subsections 

9 (d)(2)(A)(iii) or (e)(2)(A)(iv), as applica10 ble, in calculating the overall project rating 

11 under clause (i). 

12 ‘‘(C) MEDIUM RATING NOT REQUIRED.— 

13 The Secretary shall not require that any single 

14 project justification criterion meet or exceed a 

15 ‘medium’ rating in order to advance the project 

16 from one phase to another. 

17 ‘‘(3) WARRANTS.—The Secretary shall, to the 

18 maximum extent practicable, develop and use special 

19 warrants for making a project justification deter20 mination under subsection (d)(2) or (e)(2), as appli21 cable, for a project proposed to be funded using a 

22 grant under this section, if— 

23 ‘‘(A) the share of the cost of the project to 

24 be provided under this section does not ex25 ceed— 


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1 ‘‘(i) $100,000,000; or 

2 ‘‘(ii) 50 percent of the total cost of 

3 the project; 

4 ‘‘(B) the applicant requests the use of the 

5 warrants; 

6 ‘‘(C) the applicant certifies that its existing 

7 public transportation system is in a state of 

8 good repair; and 

9 ‘‘(D) the applicant meets any other re10 quirements that the Secretary considers appro11 priate to carry out this subsection. 

12 ‘‘(4) LETTERS OF INTENT AND EARLY SYSTEMS

13 WORK AGREEMENTS.—In order to expedite a project 

14 under this subsection, the Secretary shall, to the 

15 maximum extent practicable, issue letters of intent 

16 and enter into early systems work agreements upon 

17 issuance of a record of decision for projects that re18 ceive an overall project rating of medium or better. 

19 ‘‘(5) POLICY GUIDANCE.—The Secretary shall 

20 issue policy guidance regarding the review and eval21 uation process and criteria— 

22 ‘‘(A) not later than 180 days after the date 

23 of enactment of the Federal Public Transpor24 tation Act of 2012; and 


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1 ‘‘(B) each time the Secretary makes sig2 nificant changes to the process and criteria, but 

3 not less frequently than once every 2 years. 

4 ‘‘(6) RULES.—Not later than 1 year after the 

5 date of enactment of the Federal Public Transpor6 tation Act of 2012, the Secretary shall issue rules 

7 establishing an evaluation and rating process for— 

8 ‘‘(A) new fixed guideway capital projects 

9 that is based on the results of project justifica10 tion, policies and land use patterns that pro11 mote public transportation, and local financial 

12 commitment, as required under this subsection; 

13 and 

14 ‘‘(B) core capacity improvement projects 

15 that is based on the results of the capacity 

16 needs of the corridor, project justification, and 

17 local financial commitment. 

18 ‘‘(7) APPLICABILITY.—This subsection shall not 

19 apply to a project for which the Secretary issued a 

20 letter of intent, entered into a full funding grant 

21 agreement, or entered into a project construction 

22 agreement before the date of enactment of the Fed23 eral Public Transportation Act of 2012. 

24 ‘‘(h) PROGRAMS OF INTERRELATED PROJECTS.— 


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1 ‘‘(1) PROJECT DEVELOPMENT PHASE.—A fed2 erally funded project in a program of interrelated 

3 projects shall advance through project development 

4 as provided in subsection (d) or (e), as applicable. 

5 ‘‘(2) ENGINEERING PHASE.—A federally funded 

6 project in a program of interrelated projects may ad7 vance into the engineering phase upon completion of 

8 activities required under the National Environmental 

9 Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 

10 demonstrated by a record of decision with respect to 

11 the project, a finding that the project has no signifi12 cant impact, or a determination that the project is 

13 categorically excluded, only if the Secretary deter14 mines that— 

15 ‘‘(A) the project is selected as the locally 

16 preferred alternative at the completion of the 

17 process required under the National Environ18 mental Policy Act of 1969; 

19 ‘‘(B) the project is adopted into the metro20 politan transportation plan required under sec21 tion 5303; 

22 ‘‘(C) the program of interrelated projects 

23 involves projects that have a logical connectivity 

24 to one another; 


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1 ‘‘(D) the program of interrelated projects, 

2 when evaluated as a whole, meets the require3 ments of subsection (d)(2) or (e)(2), as applica4 ble; 

5 ‘‘(E) the program of interrelated projects 

6 is supported by a program implementation plan 

7 demonstrating that construction will begin on 

8 each of the projects in the program of inter9 related projects within a reasonable time frame; 

10 and 

11 ‘‘(F) the program of interrelated projects 

12 is supported by an acceptable degree of local fi13 nancial commitment, as described in subsection 

14 (f). 

15 ‘‘(3) PROJECT ADVANCEMENT AND RATINGS.— 

16 ‘‘(A) PROJECT ADVANCEMENT.—A project 

17 receiving a grant under this section that is part 

18 of a program of interrelated projects may not 

19 advance from the project development phase to 

20 the engineering phase, or from the engineering 

21 phase to the construction phase, unless the Sec22 retary determines that the program of inter23 related projects meets the applicable require24 ments of this section and there is a reasonable 


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1 likelihood that the program will continue to 

2 meet such requirements. 

3 ‘‘(B) RATINGS.— 

4 ‘‘(i) OVERALL RATING.—In making a 

5 determination under subparagraph (A), the 

6 Secretary shall evaluate and rate a pro7 gram of interrelated projects on a 5-point 

8 scale (high, medium-high, medium, me9 dium-low, or low) based on the criteria de10 scribed in paragraph (2). 

11 ‘‘(ii) INDIVIDUAL RATING FOR EACH

12 CRITERION.—In rating a program of inter13 related projects, the Secretary shall pro14 vide, in addition to the overall program 

15 rating, individual ratings for each of the 

16 criteria described in paragraph (2) and 

17 shall give comparable, but not necessarily 

18 equal, numerical weight to each such cri19 terion in calculating the overall program 

20 rating. 

21 ‘‘(iii) MEDIUM RATING NOT RE22 QUIRED.—The Secretary shall not require 

23 that any single criterion described in para24 graph (2) meet or exceed a ‘medium’ rat25 ing in order to advance the program of 


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1 interrelated projects from one phase to an2 other. 

3 ‘‘(4) ANNUAL REVIEW.— 

4 ‘‘(A) REVIEW REQUIRED.—The Secretary 

5 shall annually review the program implementa6 tion plan required under paragraph (2)(E) to 

7 determine whether the program of interrelated 

8 projects is adhering to its schedule. 

9 ‘‘(B) EXTENSION OF TIME.—If a program 

10 of interrelated projects is not adhering to its 

11 schedule, the Secretary may, upon the request 

12 of the applicant, grant an extension of time if 

13 the applicant submits a reasonable plan that in14 cludes— 

15 ‘‘(i) evidence of continued adequate 

16 funding; and 

17 ‘‘(ii) an estimated time frame for com18 pleting the program of interrelated 

19 projects. 

20 ‘‘(C) SATISFACTORY PROGRESS RE21 QUIRED.—If the Secretary determines that a 

22 program of interrelated projects is not making 

23 satisfactory progress, no Federal funds shall be 

24 provided for a project within the program of 

25 interrelated projects. 


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1 ‘‘(5) FAILURE TO CARRY OUT PROGRAM OF

2 INTERRELATED PROJECTS.— 

3 ‘‘(A) REPAYMENT REQUIRED.—If an appli4 cant does not carry out the program of inter5 related projects within a reasonable time, for 

6 reasons within the control of the applicant, the 

7 applicant shall repay all Federal funds provided 

8 for the program, and any reasonable interest 

9 and penalty charges that the Secretary may es10 tablish. 

11 ‘‘(B) CREDITING OF FUNDS RECEIVED.— 

12 Any funds received by the Government under 

13 this paragraph, other than interest and penalty 

14 charges, shall be credited to the appropriation 

15 account from which the funds were originally 

16 derived. 

17 ‘‘(6) NON-FEDERAL FUNDS.—Any non-Federal 

18 funds committed to a project in a program of inter19 related projects may be used to meet a non-Govern20 ment share requirement for any other project in the 

21 program of interrelated projects, if the Government 

22 share of the cost of each project within the program 

23 of interrelated projects does not exceed 80 percent. 

24 ‘‘(7) PRIORITY.—In making grants under this 

25 section, the Secretary may give priority to programs 


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1 of interrelated projects for which the non-Govern2 ment share of the cost of the projects included in the 

3 programs of interrelated projects exceeds the non4 Government share required under subsection (k). 

5 ‘‘(8) NON-GOVERNMENT PROJECTS.—Including 

6 a project not financed by the Government in a pro7 gram of interrelated projects does not impose Gov8 ernment requirements that would not otherwise 

9 apply to the project. 

10 ‘‘(i) PREVIOUSLY ISSUED LETTER OF INTENT OR

11 FULL FUNDING GRANT AGREEMENT.—Subsections (d) 

12 and (e) shall not apply to projects for which the Secretary 

13 has issued a letter of intent, entered into a full funding 

14 grant agreement, or entered into a project construction 

15 grant agreement before the date of enactment of the Fed16 eral Public Transportation Act of 2012. 

17 ‘‘(j) LETTERS OF INTENT, FULL FUNDING GRANT

18 AGREEMENTS, AND EARLY SYSTEMS WORK AGREE19 MENTS.— 

20 ‘‘(1) LETTERS OF INTENT.— 

21 ‘‘(A) AMOUNTS INTENDED TO BE OBLI22 GATED.—The Secretary may issue a letter of 

23 intent to an applicant announcing an intention 

24 to obligate, for a new fixed guideway capital 

25 project or core capacity improvement project, 


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1 an amount from future available budget author2 ity specified in law that is not more than the 

3 amount stipulated as the financial participation 

4 of the Secretary in the project. When a letter 

5 is issued for a capital project under this section, 

6 the amount shall be sufficient to complete at 

7 least an operable segment. 

8 ‘‘(B) TREATMENT.—The issuance of a let9 ter under subparagraph (A) is deemed not to be 

10 an obligation under sections 1108(c), 1501, and 

11 1502(a) of title 31, United States Code, or an 

12 administrative commitment. 

13 ‘‘(2) FULL FUNDING GRANT AGREEMENTS.— 

14 ‘‘(A) IN GENERAL.—A new fixed guideway 

15 capital project or core capacity improvement 

16 project shall be carried out through a full fund17 ing grant agreement. 

18 ‘‘(B) CRITERIA.—The Secretary shall enter 

19 into a full funding grant agreement, based on 

20 the evaluations and ratings required under sub21 section (d), (e), or (h), as applicable, with each 

22 grantee receiving assistance for a new fixed 

23 guideway capital project or core capacity im24 provement project that has been rated as high, 


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1 medium-high, or medium, in accordance with 

2 subsection (g)(2)(A) or (h)(3)(B), as applicable. 

3 ‘‘(C) TERMS.—A full funding grant agree4 ment shall— 

5 ‘‘(i) establish the terms of participa6 tion by the Government in a new fixed 

7 guideway capital project or core capacity 

8 improvement project; 

9 ‘‘(ii) establish the maximum amount 

10 of Federal financial assistance for the 

11 project; 

12 ‘‘(iii) include the period of time for 

13 completing the project, even if that period 

14 extends beyond the period of an authoriza15 tion; and 

16 ‘‘(iv) make timely and efficient man17 agement of the project easier according to 

18 the law of the United States. 

19 ‘‘(D) SPECIAL FINANCIAL RULES.— 

20 ‘‘(i) IN GENERAL.—A full funding 

21 grant agreement under this paragraph ob22 ligates an amount of available budget au23 thority specified in law and may include a 

24 commitment, contingent on amounts to be 

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1 ments under this paragraph, to obligate an 

2 additional amount from future available 

3 budget authority specified in law. 

4 ‘‘(ii) STATEMENT OF CONTINGENT

5 COMMITMENT.—The agreement shall state 

6 that the contingent commitment is not an 

7 obligation of the Government. 

8 ‘‘(iii) INTEREST AND OTHER FINANC9 ING COSTS.—Interest and other financing 

10 costs of efficiently carrying out a part of 

11 the project within a reasonable time are a 

12 cost of carrying out the project under a 

13 full funding grant agreement, except that 

14 eligible costs may not be more than the 

15 cost of the most favorable financing terms 

16 reasonably available for the project at the 

17 time of borrowing. The applicant shall cer18 tify, in a way satisfactory to the Secretary, 

19 that the applicant has shown reasonable 

20 diligence in seeking the most favorable fi21 nancing terms. 

22 ‘‘(iv) COMPLETION OF OPERABLE

23 SEGMENT.—The amount stipulated in an 

24 agreement under this paragraph for a new 

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1 ficient to complete at least an operable seg2 ment. 

3 ‘‘(E) BEFORE AND AFTER STUDY.— 

4 ‘‘(i) IN GENERAL.—A full funding 

5 grant agreement under this paragraph 

6 shall require the applicant to conduct a 

7 study that— 

8 ‘‘(I) describes and analyzes the 

9 impacts of the new fixed guideway 

10 capital project or core capacity im11 provement project on public transpor12 tation services and public transpor13 tation ridership; 

14 ‘‘(II) evaluates the consistency of 

15 predicted and actual project charac16 teristics and performance; and 

17 ‘‘(III) identifies reasons for dif18 ferences between predicted and actual 

19 outcomes. 

20 ‘‘(ii) INFORMATION COLLECTION AND

21 ANALYSIS PLAN.— 

22 ‘‘(I) SUBMISSION OF PLAN.—Ap23 plicants seeking a full funding grant 

24 agreement under this paragraph shall 

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1 tion and analysis of information to 

2 identify the impacts of the new fixed 

3 guideway capital project or core ca4 pacity improvement project and the 

5 accuracy of the forecasts prepared 

6 during the development of the project. 

7 Preparation of this plan shall be in8 cluded in the full funding grant agree9 ment as an eligible activity. 

10 ‘‘(II) CONTENTS OF PLAN.—The 

11 plan submitted under subclause (I) 

12 shall provide for— 

13 ‘‘(aa) collection of data on 

14 the current public transportation 

15 system regarding public transpor16 tation service levels and ridership 

17 patterns, including origins and 

18 destinations, access modes, trip 

19 purposes, and rider characteris20 tics; 

21 ‘‘(bb) documentation of the 

22 predicted scope, service levels, 

23 capital costs, operating costs, and 

24 ridership of the project; 


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1 ‘‘(cc) collection of data on 

2 the public transportation system 

3 2 years after the opening of a 

4 new fixed guideway capital 

5 project or core capacity improve6 ment project, including analogous 

7 information on public transpor8 tation service levels and ridership 

9 patterns and information on the 

10 as-built scope, capital, and fi11 nancing costs of the project; and 

12 ‘‘(dd) analysis of the consist13 ency of predicted project charac14 teristics with actual outcomes. 

15 ‘‘(F) COLLECTION OF DATA ON CURRENT

16 SYSTEM.—To be eligible for a full funding 

17 grant agreement under this paragraph, recipi18 ents shall have collected data on the current 

19 system, according to the plan required under 

20 subparagraph (E)(ii), before the beginning of 

21 construction of the proposed new fixed guide22 way capital project or core capacity improve23 ment project. Collection of this data shall be in24 cluded in the full funding grant agreement as 

25 an eligible activity. 


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1 ‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.— 

2 ‘‘(A) CONDITIONS.—The Secretary may 

3 enter into an early systems work agreement 

4 with an applicant if a record of decision under 

5 the National Environmental Policy Act of 1969 

6 (42 U.S.C. 4321 et seq.) has been issued on the 

7 project and the Secretary finds there is reason 

8 to believe— 

9 ‘‘(i) a full funding grant agreement 

10 for the project will be made; and 

11 ‘‘(ii) the terms of the work agreement 

12 will promote ultimate completion of the 

13 project more rapidly and at less cost. 

14 ‘‘(B) CONTENTS.— 

15 ‘‘(i) IN GENERAL.—An early systems 

16 work agreement under this paragraph obli17 gates budget authority available under this 

18 chapter and title 23 and shall provide for 

19 reimbursement of preliminary costs of car20 rying out the project, including land acqui21 sition, timely procurement of system ele22 ments for which specifications are decided, 

23 and other activities the Secretary decides 

24 are appropriate to make efficient, long25 term project management easier. 


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1 ‘‘(ii) CONTINGENT COMMITMENT.—An 

2 early systems work agreement may include 

3 a commitment, contingent on amounts to 

4 be specified in law in advance for commit5 ments under this paragraph, to obligate an 

6 additional amount from future available 

7 budget authority specified in law. 

8 ‘‘(iii) PERIOD COVERED.—An early 

9 systems work agreement under this para10 graph shall cover the period of time the 

11 Secretary considers appropriate. The pe12 riod may extend beyond the period of cur13 rent authorization. 

14 ‘‘(iv) INTEREST AND OTHER FINANC15 ING COSTS.—Interest and other financing 

16 costs of efficiently carrying out the early 

17 systems work agreement within a reason18 able time are a cost of carrying out the 

19 agreement, except that eligible costs may 

20 not be more than the cost of the most fa21 vorable financing terms reasonably avail22 able for the project at the time of bor23 rowing. The applicant shall certify, in a 

24 way satisfactory to the Secretary, that the 

25 applicant has shown reasonable diligence in 


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1 seeking the most favorable financing 

2 terms. 

3 ‘‘(v) FAILURE TO CARRY OUT

4 PROJECT.—If an applicant does not carry 

5 out the project for reasons within the con6 trol of the applicant, the applicant shall 

7 repay all Federal grant funds awarded for 

8 the project from all Federal funding 

9 sources, for all project activities, facilities, 

10 and equipment, plus reasonable interest 

11 and penalty charges allowable by law or es12 tablished by the Secretary in the early sys13 tems work agreement. 

14 ‘‘(vi) CREDITING OF FUNDS RE15 CEIVED.—Any funds received by the Gov16 ernment under this paragraph, other than 

17 interest and penalty charges, shall be cred18 ited to the appropriation account from 

19 which the funds were originally derived. 

20 ‘‘(4) LIMITATION ON AMOUNTS.— 

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

22 enter into full funding grant agreements under 

23 this subsection for new fixed guideway capital 

24 projects and core capacity improvement projects 

25 that contain contingent commitments to incur 


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1 obligations in such amounts as the Secretary 

2 determines are appropriate. 

3 ‘‘(B) APPROPRIATION REQUIRED.—An ob4 ligation may be made under this subsection only 

5 when amounts are appropriated for the obliga6 tion. 

7 ‘‘(5) NOTIFICATION TO CONGRESS.—At least 30 

8 days before issuing a letter of intent, entering into 

9 a full funding grant agreement, or entering into an 

10 early systems work agreement under this section, the 

11 Secretary shall notify, in writing, the Committee on 

12 Banking, Housing, and Urban Affairs and the Com13 mittee on Appropriations of the Senate and the 

14 Committee on Transportation and Infrastructure 

15 and the Committee on Appropriations of the House 

16 of Representatives of the proposed letter or agree17 ment. The Secretary shall include with the notifica18 tion a copy of the proposed letter or agreement as 

19 well as the evaluations and ratings for the project. 

20 ‘‘(k) GOVERNMENT SHARE OF NET CAPITAL

21 PROJECT COST.— 

22 ‘‘(1) IN GENERAL.—Based on engineering stud23 ies, studies of economic feasibility, and information 

24 on the expected use of equipment or facilities, the 

25 Secretary shall estimate the net capital project cost. 


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1 A grant for the project shall not exceed 80 percent 

2 of the net capital project cost. 

3 ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER

4 BUDGET.—The Secretary may adjust the final net 

5 capital project cost of a new fixed guideway capital 

6 project or core capacity improvement project evalu7 ated under subsection (d), (e), or (h) to include the 

8 cost of eligible activities not included in the origi9 nally defined project if the Secretary determines that 

10 the originally defined project has been completed at 

11 a cost that is significantly below the original esti12 mate. 

13 ‘‘(3) MAXIMUM GOVERNMENT SHARE.—The 

14 Secretary may provide a higher grant percentage 

15 than requested by the grant recipient if— 

16 ‘‘(A) the Secretary determines that the net 

17 capital project cost of the project is not more 

18 than 10 percent higher than the net capital 

19 project cost estimated at the time the project 

20 was approved for advancement into the engi21 neering phase; and 

22 ‘‘(B) the ridership estimated for the 

23 project is not less than 90 percent of the rider24 ship estimated for the project at the time the 


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1 project was approved for advancement into the 

2 engineering phase. 

3 ‘‘(4) REMAINDER OF NET CAPITAL PROJECT

4 COST.—The remainder of the net capital project cost 

5 shall be provided from an undistributed cash sur6 plus, a replacement or depreciation cash fund or re7 serve, or new capital. 

8 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC9 TION.—Nothing in this section shall be construed as 

10 authorizing the Secretary to require a non-Federal 

11 financial commitment for a project that is more than 

12 20 percent of the net capital project cost. 

13 ‘‘(6) SPECIAL RULE FOR ROLLING STOCK

14 COSTS.—In addition to amounts allowed pursuant to 

15 paragraph (1), a planned extension to a fixed guide16 way system may include the cost of rolling stock pre17 viously purchased if the applicant satisfies the Sec18 retary that only amounts other than amounts pro19 vided by the Government were used and that the 

20 purchase was made for use on the extension. A re21 fund or reduction of the remainder may be made 

22 only if a refund of a proportional amount of the 

23 grant of the Government is made at the same time. 

24 ‘‘(7) LIMITATION ON APPLICABILITY.—This 

25 subsection shall not apply to projects for which the 


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1 Secretary entered into a full funding grant agree2 ment before the date of enactment of the Federal 

3 Public Transportation Act of 2012. 

4 ‘‘(l) UNDERTAKING PROJECTS IN ADVANCE.— 

5 ‘‘(1) IN GENERAL.—The Secretary may pay the 

6 Government share of the net capital project cost to 

7 a State or local governmental authority that carries 

8 out any part of a project described in this section 

9 without the aid of amounts of the Government and 

10 according to all applicable procedures and require11 ments if— 

12 ‘‘(A) the State or local governmental au13 thority applies for the payment; 

14 ‘‘(B) the Secretary approves the payment; 

15 and 

16 ‘‘(C) before the State or local govern17 mental authority carries out the part of the 

18 project, the Secretary approves the plans and 

19 specifications for the part in the same way as 

20 other projects under this section. 

21 ‘‘(2) FINANCING COSTS.— 

22 ‘‘(A) IN GENERAL.—The cost of carrying 

23 out part of a project includes the amount of in24 terest earned and payable on bonds issued by 

25 the State or local governmental authority to the 


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1 extent proceeds of the bonds are expended in 

2 carrying out the part. 

3 ‘‘(B) LIMITATION ON AMOUNT OF INTER4 EST.—The amount of interest under this para5 graph may not be more than the most favorable 

6 interest terms reasonably available for the 

7 project at the time of borrowing. 

8 ‘‘(C) CERTIFICATION.—The applicant shall 

9 certify, in a manner satisfactory to the Sec10 retary, that the applicant has shown reasonable 

11 diligence in seeking the most favorable financ12 ing terms. 

13 ‘‘(m) AVAILABILITY OF AMOUNTS.— 

14 ‘‘(1) IN GENERAL.—An amount made available 

15 or appropriated for a new fixed guideway capital 

16 project or core capacity improvement project shall 

17 remain available to that project for 5 fiscal years, in18 cluding the fiscal year in which the amount is made 

19 available or appropriated. Any amounts that are un20 obligated to the project at the end of the 5-fiscal21 year period may be used by the Secretary for any 

22 purpose under this section. 

23 ‘‘(2) USE OF DEOBLIGATED AMOUNTS.—An 

24 amount available under this section that is 


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1 deobligated may be used for any purpose under this 

2 section. 

3 ‘‘(n) REPORTS ON NEW FIXED GUIDEWAY AND CORE

4 CAPACITY IMPROVEMENT PROJECTS.— 

5 ‘‘(1) ANNUAL REPORT ON FUNDING REC6 OMMENDATIONS.—Not later than the first Monday 

7 in February of each year, the Secretary shall submit 

8 to the Committee on Banking, Housing, and Urban 

9 Affairs and the Committee on Appropriations of the 

10 Senate and the Committee on Transportation and 

11 Infrastructure and the Committee on Appropriations 

12 of the House of Representatives a report that in13 cludes— 

14 ‘‘(A) a proposal of allocations of amounts 

15 to be available to finance grants for projects 

16 under this section among applicants for these 

17 amounts; 

18 ‘‘(B) evaluations and ratings, as required 

19 under subsections (d), (e), and (h), for each 

20 such project that is in project development, en21 gineering, or has received a full funding grant 

22 agreement; and 

23 ‘‘(C) recommendations of such projects for 

24 funding based on the evaluations and ratings 

25 and on existing commitments and anticipated 


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1 funding levels for the next 3 fiscal years based 

2 on information currently available to the Sec3 retary. 

4 ‘‘(2) REPORTS ON BEFORE AND AFTER STUD5 IES.—Not later than the first Monday in August of 

6 each year, the Secretary shall submit to the commit7 tees described in paragraph (1) a report containing 

8 a summary of the results of any studies conducted 

9 under subsection (j)(2)(E). 

10 ‘‘(3) ANNUAL GAO REVIEW.—The Comptroller 

11 General of the United States shall— 

12 ‘‘(A) conduct an annual review of— 

13 ‘‘(i) the processes and procedures for 

14 evaluating, rating, and recommending new 

15 fixed guideway capital projects and core 

16 capacity improvement projects; and 

17 ‘‘(ii) the Secretary’s implementation 

18 of such processes and procedures; and 

19 ‘‘(B) report to Congress on the results of 

20 such review by May 31 of each year.’’. 

21 (b) PILOT PROGRAM FOR EXPEDITED PROJECT DE22 LIVERY.— 

23 (1) DEFINITIONS.—In this subsection the fol24 lowing definitions shall apply: 


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1 (A) ELIGIBLE PROJECT.—The term ‘‘eligi2 ble project’’ means a new fixed guideway capital 

3 project or a core capacity improvement project, 

4 as those terms are defined in section 5309 of 

5 title 49, United States Code, as amended by 

6 this section, that has not entered into a full 

7 funding grant agreement with the Federal 

8 Transit Administration before the date of en9 actment of the Federal Public Transportation 

10 Act of 2012. 

11 (B) PROGRAM.—The term ‘‘program’’ 

12 means the pilot program for expedited project 

13 delivery established under this subsection. 

14 (C) RECIPIENT.—The term ‘‘recipient’’ 

15 means a recipient of funding under chapter 53 

16 of title 49, United States Code. 

17 (D) SECRETARY.—The term ‘‘Secretary’’ 

18 means the Secretary of Transportation. 

19 (2) ESTABLISHMENT.—The Secretary shall es20 tablish and implement a pilot program to dem21 onstrate whether innovative project development and 

22 delivery methods or innovative financing arrange23 ments can expedite project delivery for certain meri24 torious new fixed guideway capital projects and core 

25 capacity improvement projects. 


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1 (3) LIMITATION ON NUMBER OF PROJECTS.— 

2 The Secretary shall select 3 eligible projects to par3 ticipate in the program, of which— 

4 (A) at least 1 shall be an eligible project 

5 requesting more than $100,000,000 in Federal 

6 financial assistance under section 5309 of title 

7 49, United States Code; and 

8 (B) at least 1 shall be an eligible project 

9 requesting less than $100,000,000 in Federal 

10 financial assistance under section 5309 of title 

11 49, United States Code. 

12 (4) GOVERNMENT SHARE.—The Government 

13 share of the total cost of an eligible project that par14 ticipates in the program may not exceed 50 percent. 

15 (5) ELIGIBILITY.—A recipient that desires to 

16 participate in the program shall submit to the Sec17 retary an application that contains, at a minimum— 

18 (A) identification of an eligible project; 

19 (B) a schedule and finance plan for the 

20 construction and operation of the eligible 

21 project; 

22 (C) an analysis of the efficiencies of the 

23 proposed project development and delivery 

24 methods or innovative financing arrangement 

25 for the eligible project; and 


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1 (D) a certification that the recipient’s ex2 isting public transportation system is in a state 

3 of good repair. 

4 (6) SELECTION CRITERIA.—The Secretary may 

5 award a full funding grant agreement under this 

6 subsection if the Secretary determines that— 

7 (A) the recipient has completed planning 

8 and the activities required under the National 

9 Environmental Policy Act of 1969 (42 U.S.C. 

10 4321 et seq.); and 

11 (B) the recipient has the necessary legal, 

12 financial, and technical capacity to carry out 

13 the eligible project. 

14 (7) BEFORE AND AFTER STUDY AND RE15 PORT.— 

16 (A) STUDY REQUIRED.—A full funding 

17 grant agreement under this paragraph shall re18 quire a recipient to conduct a study that— 

19 (i) describes and analyzes the impacts 

20 of the eligible project on public transpor21 tation services and public transportation 

22 ridership; 

23 (ii) describes and analyzes the consist24 ency of predicted and actual benefits and 

25 costs of the innovative project development 


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1 and delivery methods or innovative financ2 ing for the eligible project; and 

3 (iii) identifies reasons for any dif4 ferences between predicted and actual out5 comes for the eligible project. 

6 (B) SUBMISSION OF REPORT.—Not later 

7 than 9 months after an eligible project selected 

8 to participate in the program begins revenue 

9 operations, the recipient shall submit to the 

10 Secretary a report on the results of the study 

11 under subparagraph (A). 

12 SEC. 20011. FORMULA GRANTS FOR THE ENHANCED MOBIL13 ITY OF SENIORS AND INDIVIDUALS WITH DIS14 ABILITIES. 

15 Section 5310 of title 49, United States Code, is 

16 amended to read as follows: 

17 ‘‘§ 5310. Formula grants for the enhanced mobility of 

18 seniors and individuals with disabilities 

19 ‘‘(a) DEFINITIONS.—In this section, the following 

20 definitions shall apply: 

21 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

22 designated recipient or a State that receives a grant 

23 under this section directly. 

24 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

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1 profit organization, or operator of public transpor2 tation that receives a grant under this section indi3 rectly through a recipient. 

4 ‘‘(b) GENERAL AUTHORITY.— 

5 ‘‘(1) GRANTS.—The Secretary may make 

6 grants under this section to recipients for— 

7 ‘‘(A) public transportation capital projects 

8 planned, designed, and carried out to meet the 

9 special needs of seniors and individuals with 

10 disabilities when public transportation is insuf11 ficient, inappropriate, or unavailable; 

12 ‘‘(B) public transportation projects that 

13 exceed the requirements of the Americans with 

14 Disabilities Act of 1990 (42 U.S.C. 12101 et 

15 seq.); 

16 ‘‘(C) public transportation projects that 

17 improve access to fixed route service and de18 crease reliance by individuals with disabilities 

19 on complementary paratransit; and 

20 ‘‘(D) alternatives to public transportation 

21 that assist seniors and individuals with disabil22 ities with transportation. 

23 ‘‘(2) LIMITATIONS FOR CAPITAL PROJECTS.— 

24 ‘‘(A) AMOUNT AVAILABLE.—The amount 

25 available for capital projects under paragraph 


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1 (1)(A) shall be not less than 55 percent of the 

2 funds apportioned to the recipient under this 

3 section. 

4 ‘‘(B) ALLOCATION TO SUBRECIPIENTS.—A 

5 recipient of a grant under paragraph (1)(A) 

6 may allocate the amounts provided under the 

7 grant to— 

8 ‘‘(i) a nonprofit organization; or 

9 ‘‘(ii) a State or local governmental au10 thority that— 

11 ‘‘(I) is approved by a State to co12 ordinate services for seniors and indi13 viduals with disabilities; or 

14 ‘‘(II) certifies that there are no 

15 nonprofit organizations readily avail16 able in the area to provide the services 

17 described in paragraph (1)(A). 

18 ‘‘(3) ADMINISTRATIVE EXPENSES.— 

19 ‘‘(A) IN GENERAL.—A recipient may use 

20 not more than 10 percent of the amounts ap21 portioned to the recipient under this section to 

22 administer, plan, and provide technical assist23 ance for a project funded under this section. 

24 ‘‘(B) GOVERNMENT SHARE OF COSTS.— 

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1 istering a program carried out using funds 

2 under this section shall be 100 percent. 

3 ‘‘(4) ELIGIBLE CAPITAL EXPENSES.—The ac4 quisition of public transportation services is an eligi5 ble capital expense under this section. 

6 ‘‘(5) COORDINATION.— 

7 ‘‘(A) DEPARTMENT OF TRANSPOR8 TATION.—To the maximum extent feasible, the 

9 Secretary shall coordinate activities under this 

10 section with related activities under other Fed11 eral departments and agencies. 

12 ‘‘(B) OTHER FEDERAL AGENCIES AND

13 NONPROFIT ORGANIZATIONS.—A State or local 

14 governmental authority or nonprofit organiza15 tion that receives assistance from Government 

16 sources (other than the Department of Trans17 portation) for nonemergency transportation 

18 services shall— 

19 ‘‘(i) participate and coordinate with 

20 recipients of assistance under this chapter 

21 in the design and delivery of transportation 

22 services; and 

23 ‘‘(ii) participate in the planning for 

24 the transportation services described in 

25 clause (i). 


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1 ‘‘(6) PROGRAM OF PROJECTS.— 

2 ‘‘(A) IN GENERAL.—Amounts made avail3 able to carry out this section may be used for 

4 transportation projects to assist in providing 

5 transportation services for seniors and individ6 uals with disabilities, if such transportation 

7 projects are included in a program of projects. 

8 ‘‘(B) SUBMISSION.—A recipient shall an9 nually submit a program of projects to the Sec10 retary. 

11 ‘‘(C) ASSURANCE.—The program of 

12 projects submitted under subparagraph (B) 

13 shall contain an assurance that the program 

14 provides for the maximum feasible coordination 

15 of transportation services assisted under this 

16 section with transportation services assisted by 

17 other Government sources. 

18 ‘‘(7) MEAL DELIVERY FOR HOMEBOUND INDI19 VIDUALS.—A public transportation service provider 

20 that receives assistance under this section or section 

21 5311(c) may coordinate and assist in regularly pro22 viding meal delivery service for homebound individ23 uals, if the delivery service does not conflict with 

24 providing public transportation service or reduce 

25 service to public transportation passengers. 


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1 ‘‘(c) APPORTIONMENT AND TRANSFERS.— 

2 ‘‘(1) FORMULA.—The Secretary shall apportion 

3 amounts made available to carry out this section as 

4 follows: 

5 ‘‘(A) LARGE URBANIZED AREAS.—Sixty 

6 percent of the funds shall be apportioned 

7 among designated recipients for urbanized 

8 areas with a population of 200,000 or more in9 dividuals, as determined by the Bureau of the 

10 Census, in the ratio that— 

11 ‘‘(i) the number of seniors and indi12 viduals with disabilities in each such ur13 banized area; bears to 

14 ‘‘(ii) the number of seniors and indi15 viduals with disabilities in all such urban16 ized areas. 

17 ‘‘(B) SMALL URBANIZED AREAS.—Twenty 

18 percent of the funds shall be apportioned 

19 among the States in the ratio that— 

20 ‘‘(i) the number of seniors and indi21 viduals with disabilities in urbanized areas 

22 with a population of fewer than 200,000 

23 individuals, as determined by the Bureau 

24 of the Census, in each State; bears to 


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1 ‘‘(ii) the number of seniors and indi2 viduals with disabilities in urbanized areas 

3 with a population of fewer than 200,000 

4 individuals, as determined by the Bureau 

5 of the Census, in all States. 

6 ‘‘(C) OTHER THAN URBANIZED AREAS.— 

7 Twenty percent of the funds shall be appor8 tioned among the States in the ratio that— 

9 ‘‘(i) the number of seniors and indi10 viduals with disabilities in other than ur11 banized areas in each State; bears to 

12 ‘‘(ii) the number of seniors and indi13 viduals with disabilities in other than ur14 banized areas in all States. 

15 ‘‘(2) AREAS SERVED BY PROJECTS.— 

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

17 subparagraph (B)— 

18 ‘‘(i) funds apportioned under para19 graph (1)(A) shall be used for projects 

20 serving urbanized areas with a population 

21 of 200,000 or more individuals, as deter22 mined by the Bureau of the Census; 

23 ‘‘(ii) funds apportioned under para24 graph (1)(B) shall be used for projects 

25 serving urbanized areas with a population 


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1 of fewer than 200,000 individuals, as de2 termined by the Bureau of the Census; and 

3 ‘‘(iii) funds apportioned under para4 graph (1)(C) shall be used for projects 

5 serving other than urbanized areas. 

6 ‘‘(B) EXCEPTIONS.—A State may use 

7 funds apportioned to the State under subpara8 graph (B) or (C) of paragraph (1)— 

9 ‘‘(i) for a project serving an area 

10 other than an area specified in subpara11 graph (A)(ii) or (A)(iii), as the case may 

12 be, if the Governor of the State certifies 

13 that all of the objectives of this section are 

14 being met in the area specified in subpara15 graph (A)(ii) or (A)(iii); or 

16 ‘‘(ii) for a project anywhere in the 

17 State, if the State has established a state18 wide program for meeting the objectives of 

19 this section. 

20 ‘‘(C) LIMITED TO ELIGIBLE PROJECTS.— 

21 Any funds transferred pursuant to subpara22 graph (B) shall be made available only for eligi23 ble projects selected under this section. 

24 ‘‘(D) CONSULTATION.—A recipient may 

25 transfer an amount under subparagraph (B) 


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1 only after consulting with responsible local offi2 cials, publicly owned operators of public trans3 portation, and nonprofit providers in the area 

4 for which the amount was originally appor5 tioned. 

6 ‘‘(d) GOVERNMENT SHARE OF COSTS.— 

7 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

8 project under this section shall be in an amount 

9 equal to 80 percent of the net capital costs of the 

10 project, as determined by the Secretary. 

11 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

12 under this section for operating assistance may not 

13 exceed an amount equal to 50 percent of the net op14 erating costs of the project, as determined by the 

15 Secretary. 

16 ‘‘(3) REMAINDER OF NET COSTS.—The remain17 der of the net costs of a project carried out under 

18 this section— 

19 ‘‘(A) may be provided from an undistrib20 uted cash surplus, a replacement or deprecia21 tion cash fund or reserve, a service agreement 

22 with a State or local social service agency or a 

23 private social service organization, or new cap24 ital; and 


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1 ‘‘(B) may be derived from amounts appro2 priated or otherwise made available— 

3 ‘‘(i) to a department or agency of the 

4 Government (other than the Department of 

5 Transportation) that are eligible to be ex6 pended for transportation; or 

7 ‘‘(ii) to carry out the Federal lands 

8 highways program under section 204 of 

9 title 23, United States Code. 

10 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes 

11 of paragraph (3)(B)(i), the prohibition under section 

12 403(a)(5)(C)(vii) of the Social Security Act (42 

13 U.S.C. 603(a)(5)(C)(vii)) on the use of grant funds 

14 for matching requirements shall not apply to Fed15 eral or State funds to be used for transportation 

16 purposes. 

17 ‘‘(e) GRANT REQUIREMENTS.— 

18 ‘‘(1) IN GENERAL.—A grant under this section 

19 shall be subject to the same requirements as a grant 

20 under section 5307, to the extent the Secretary de21 termines appropriate. 

22 ‘‘(2) CERTIFICATION REQUIREMENTS.— 

23 ‘‘(A) PROJECT SELECTION AND PLAN DE24 VELOPMENT.—Before receiving a grant under 

25 this section, each recipient shall certify that— 


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1 ‘‘(i) the projects selected by the recipi2 ent are included in a locally developed, co3 ordinated public transit-human services 

4 transportation plan; 

5 ‘‘(ii) the plan described in clause (i) 

6 was developed and approved through a 

7 process that included participation by sen8 iors, individuals with disabilities, represent9 atives of public, private, and nonprofit 

10 transportation and human services pro11 viders, and other members of the public; 

12 and 

13 ‘‘(iii) to the maximum extent feasible, 

14 the services funded under this section will 

15 be coordinated with transportation services 

16 assisted by other Federal departments and 

17 agencies, including any transportation ac18 tivities carried out by a recipient of a 

19 grant from the Department of Health and 

20 Human Services. 

21 ‘‘(B) ALLOCATIONS TO SUBRECIPIENTS.— 

22 If a recipient allocates funds received under this 

23 section to subrecipients, the recipient shall cer24 tify that the funds are allocated on a fair and 

25 equitable basis. 


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1 ‘‘(f) COMPETITIVE PROCESS FOR GRANTS TO SUB2 RECIPIENTS.— 

3 ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 

4 funds apportioned under subsection (c)(1)(A) may 

5 conduct, in cooperation with the appropriate metro6 politan planning organization, an areawide solicita7 tion for applications for grants under this section. 

8 ‘‘(2) STATEWIDE SOLICITATIONS.—A recipient 

9 of funds apportioned under subparagraph (B) or (C) 

10 of subsection (c)(1) may conduct a statewide solici11 tation for applications for grants under this section. 

12 ‘‘(3) APPLICATION.—If the recipient elects to 

13 engage in a competitive process, a recipient or sub14 recipient seeking to receive a grant from funds ap15 portioned under subsection (c) shall submit to the 

16 recipient making the election an application in such 

17 form and in accordance with such requirements as 

18 the recipient making the election shall establish. 

19 ‘‘(g) TRANSFERS OF FACILITIES AND EQUIPMENT.— 

20 A recipient may transfer a facility or equipment acquired 

21 using a grant under this section to any other recipient eli22 gible to receive assistance under this chapter, if— 

23 ‘‘(1) the recipient in possession of the facility or 

24 equipment consents to the transfer; and 


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1 ‘‘(2) the facility or equipment will continue to 

2 be used as required under this section. 

3 ‘‘(h) PERFORMANCE MEASURES.— 

4 ‘‘(1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of the Federal Public Trans6 portation Act of 2012, the Secretary shall issue a 

7 final rule to establish performance measures for 

8 grants under this section. 

9 ‘‘(2) MEASURES.—The performance measures 

10 established under paragraph (1) shall require the 

11 collection of quantitative and qualitative information, 

12 as available, concerning— 

13 ‘‘(A) modifications to the geographic cov14 erage of transportation service, the quality of 

15 transportation service, or service times that in16 crease the availability of transportation services 

17 for seniors and individuals with disabilities; 

18 ‘‘(B) ridership; 

19 ‘‘(C) accessibility improvements; and 

20 ‘‘(D) other measures, as the Secretary de21 termines is appropriate. 

22 ‘‘(3) TARGETS.—Not later than 3 months after 

23 the date on which the Secretary issues a final rule 

24 under paragraph (1), and each fiscal year thereafter, 

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1 ance under this section shall establish performance 

2 targets in relation to the performance measures es3 tablished by the Secretary. 

4 ‘‘(4) REPORTS.—Each recipient of Federal fi5 nancial assistance under this section shall submit to 

6 the Secretary an annual report that describes— 

7 ‘‘(A) the progress of the recipient toward 

8 meeting the performance targets established 

9 under paragraph (3) for that fiscal year; and 

10 ‘‘(B) the performance targets established 

11 by the recipient for the subsequent fiscal year.’’. 

12 SEC. 20012. FORMULA GRANTS FOR OTHER THAN URBAN13 IZED AREAS. 

14 (a) IN GENERAL.—Section 5311 of title 49, United 

15 States Code, is amended to read as follows: 

16 ‘‘§ 5311. Formula grants for other than urbanized 

17 areas 

18 ‘‘(a) DEFINITIONS.—As used in this section, the fol19 lowing definitions shall apply: 

20 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

21 State or Indian tribe that receives a Federal transit 

22 program grant directly from the Government. 

23 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

24 means a State or local governmental authority, a 

25 nonprofit organization, or an operator of public 


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1 transportation or intercity bus service that receives 

2 Federal transit program grant funds indirectly 

3 through a recipient. 

4 ‘‘(b) GENERAL AUTHORITY.— 

5 ‘‘(1) GRANTS AUTHORIZED.—Except as pro6 vided by paragraph (2), the Secretary may award 

7 grants under this section to recipients located in 

8 areas other than urbanized areas for— 

9 ‘‘(A) planning, provided that a grant under 

10 this section for planning activities shall be in 

11 addition to funding awarded to a State under 

12 section 5305 for planning activities that are di13 rected specifically at the needs of other than ur14 banized areas in the State; 

15 ‘‘(B) public transportation capital projects; 

16 ‘‘(C) operating costs of equipment and fa17 cilities for use in public transportation; and 

18 ‘‘(D) the acquisition of public transpor19 tation services, including service agreements 

20 with private providers of public transportation 

21 service. 

22 ‘‘(2) STATE PROGRAM.— 

23 ‘‘(A) IN GENERAL.—A project eligible for a 

24 grant under this section shall be included in a 

25 State program for public transportation service 


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1 projects, including agreements with private pro2 viders of public transportation service. 

3 ‘‘(B) SUBMISSION TO SECRETARY.—Each 

4 State shall submit to the Secretary annually the 

5 program described in subparagraph (A). 

6 ‘‘(C) APPROVAL.—The Secretary may not 

7 approve the program unless the Secretary de8 termines that— 

9 ‘‘(i) the program provides a fair dis10 tribution of amounts in the State, includ11 ing Indian reservations; and 

12 ‘‘(ii) the program provides the max13 imum feasible coordination of public trans14 portation service assisted under this sec15 tion with transportation service assisted by 

16 other Federal sources. 

17 ‘‘(3) RURAL TRANSPORTATION ASSISTANCE

18 PROGRAM.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 carry out a rural transportation assistance pro21 gram in other than urbanized areas. 

22 ‘‘(B) GRANTS AND CONTRACTS.—In car23 rying out this paragraph, the Secretary may use 

24 not more than 2 percent of the amount made 

25 available under section 5338(a)(2)(F) to make 


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1 grants and contracts for transportation re2 search, technical assistance, training, and re3 lated support services in other than urbanized 

4 areas. 

5 ‘‘(C) PROJECTS OF A NATIONAL SCOPE.— 

6 Not more than 15 percent of the amounts avail7 able under subparagraph (B) may be used by 

8 the Secretary to carry out projects of a national 

9 scope, with the remaining balance provided to 

10 the States. 

11 ‘‘(4) DATA COLLECTION.—Each recipient under 

12 this section shall submit an annual report to the 

13 Secretary containing information on capital invest14 ment, operations, and service provided with funds 

15 received under this section, including— 

16 ‘‘(A) total annual revenue; 

17 ‘‘(B) sources of revenue; 

18 ‘‘(C) total annual operating costs; 

19 ‘‘(D) total annual capital costs; 

20 ‘‘(E) fleet size and type, and related facili21 ties; 

22 ‘‘(F) vehicle revenue miles; and 

23 ‘‘(G) ridership. 

24 ‘‘(c) APPORTIONMENTS.— 


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1 ‘‘(1) PUBLIC TRANSPORTATION ON INDIAN RES2 ERVATIONS.—Of the amounts made available or ap3 propriated for each fiscal year pursuant to section 

4 5338(a)(2)(F) to carry out this paragraph, the fol5 lowing amounts shall be apportioned each fiscal year 

6 for grants to Indian tribes for any purpose eligible 

7 under this section, under such terms and conditions 

8 as may be established by the Secretary: 

9 ‘‘(A) $10,000,000 shall be distributed on a 

10 competitive basis by the Secretary. 

11 ‘‘(B) $20,000,000 shall be apportioned as 

12 formula grants, as provided in subsection (k). 

13 ‘‘(2) APPALACHIAN DEVELOPMENT PUBLIC

14 TRANSPORTATION ASSISTANCE PROGRAM.— 

15 ‘‘(A) DEFINITIONS.—In this paragraph— 

16 ‘‘(i) the term ‘Appalachian region’ has 

17 the same meaning as in section 14102 of 

18 title 40; and 

19 ‘‘(ii) the term ‘eligible recipient’ 

20 means a State that participates in a pro21 gram established under subtitle IV of title 

22 40. 

23 ‘‘(B) IN GENERAL.—The Secretary shall 

24 carry out a public transportation assistance 

25 program in the Appalachian region. 


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1 ‘‘(C) APPORTIONMENT.—Of amounts made 

2 available or appropriated for each fiscal year 

3 under section 5338(a)(2)(F) to carry out this 

4 paragraph, the Secretary shall apportion funds 

5 to eligible recipients for any purpose eligible 

6 under this section, based on the guidelines es7 tablished under section 9.5(b) of the Appa8 lachian Regional Commission Code. 

9 ‘‘(D) SPECIAL RULE.—An eligible recipient 

10 may use amounts that cannot be used for oper11 ating expenses under this paragraph for a high12 way project if— 

13 ‘‘(i) that use is approved, in writing, 

14 by the eligible recipient after appropriate 

15 notice and an opportunity for comment 

16 and appeal are provided to affected public 

17 transportation providers; and 

18 ‘‘(ii) the eligible recipient, in approv19 ing the use of amounts under this subpara20 graph, determines that the local transit 

21 needs are being addressed. 

22 ‘‘(3) REMAINING AMOUNTS.— 

23 ‘‘(A) IN GENERAL.—The amounts made 

24 available or appropriated for each fiscal year 

25 pursuant to section 5338(a)(2)(F) that are not 


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1 apportioned under paragraph (1) or (2) shall be 

2 apportioned in accordance with this paragraph. 

3 ‘‘(B) APPORTIONMENT BASED ON LAND

4 AREA AND POPULATION IN NONURBANIZED

5 AREAS.— 

6 ‘‘(i) IN GENERAL.—83.15 percent of 

7 the amount described in subparagraph (A) 

8 shall be apportioned to the States in ac9 cordance with this subparagraph. 

10 ‘‘(ii) LAND AREA.— 

11 ‘‘(I) IN GENERAL.—Subject to 

12 subclause (II), each State shall receive 

13 an amount that is equal to 20 percent 

14 of the amount apportioned under 

15 clause (i), multiplied by the ratio of 

16 the land area in areas other than ur17 banized areas in that State and di18 vided by the land area in all areas 

19 other than urbanized areas in the 

20 United States, as shown by the most 

21 recent decennial census of population. 

22 ‘‘(II) MAXIMUM APPORTION23 MENT.—No State shall receive more 

24 than 5 percent of the amount appor25 tioned under subclause (I). 


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1 ‘‘(iii) POPULATION.—Each State shall 

2 receive an amount equal to 80 percent of 

3 the amount apportioned under clause (i), 

4 multiplied by the ratio of the population of 

5 areas other than urbanized areas in that 

6 State and divided by the population of all 

7 areas other than urbanized areas in the 

8 United States, as shown by the most re9 cent decennial census of population. 

10 ‘‘(C) APPORTIONMENT BASED ON LAND

11 AREA, VEHICLE REVENUE MILES, AND LOW-IN12 COME INDIVIDUALS IN NONURBANIZED

13 AREAS.— 

14 ‘‘(i) IN GENERAL.—16.85 percent of 

15 the amount described in subparagraph (A) 

16 shall be apportioned to the States in ac17 cordance with this subparagraph. 

18 ‘‘(ii) LAND AREA.—Subject to clause 

19 (v), each State shall receive an amount 

20 that is equal to 29.68 percent of the 

21 amount apportioned under clause (i), mul22 tiplied by the ratio of the land area in 

23 areas other than urbanized areas in that 

24 State and divided by the land area in all 

25 areas other than urbanized areas in the 


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1 United States, as shown by the most re2 cent decennial census of population. 

3 ‘‘(iii) VEHICLE REVENUE MILES.— 

4 Subject to clause (v), each State shall re5 ceive an amount that is equal to 29.68 per6 cent of the amount apportioned under 

7 clause (i), multiplied by the ratio of vehicle 

8 revenue miles in areas other than urban9 ized areas in that State and divided by the 

10 vehicle revenue miles in all areas other 

11 than urbanized areas in the United States, 

12 as determined by national transit database 

13 reporting. 

14 ‘‘(iv) LOW-INCOME INDIVIDUALS.— 

15 Each State shall receive an amount that is 

16 equal to 40.64 percent of the amount ap17 portioned under clause (i), multiplied by 

18 the ratio of low-income individuals in areas 

19 other than urbanized areas in that State 

20 and divided by the number of low-income 

21 individuals in all areas other than urban22 ized areas in the United States, as shown 

23 by the Bureau of the Census. 

24 ‘‘(v) MAXIMUM APPORTIONMENT.—No 

25 State shall receive— 


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1 ‘‘(I) more than 5 percent of the 

2 amount apportioned under clause (ii); 

3 or 

4 ‘‘(II) more than 5 percent of the 

5 amount apportioned under clause (iii). 

6 ‘‘(d) USE FOR LOCAL TRANSPORTATION SERVICE.— 

7 A State may use an amount apportioned under this sec8 tion for a project included in a program under subsection 

9 (b) of this section and eligible for assistance under this 

10 chapter if the project will provide local transportation 

11 service, as defined by the Secretary of Transportation, in 

12 an area other than an urbanized area. 

13 ‘‘(e) USE FOR ADMINISTRATION, PLANNING, AND

14 TECHNICAL ASSISTANCE.—The Secretary may allow a 

15 State to use not more than 15 percent of the amount ap16 portioned under this section to administer this section and 

17 provide technical assistance to a subrecipient, including 

18 project planning, program and management development, 

19 coordination of public transportation programs, and re20 search the State considers appropriate to promote effec21 tive delivery of public transportation to an area other than 

22 an urbanized area. 

23 ‘‘(f) INTERCITY BUS TRANSPORTATION.— 

24 ‘‘(1) IN GENERAL.—A State shall expend at 

25 least 15 percent of the amount made available in 


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1 each fiscal year to carry out a program to develop 

2 and support intercity bus transportation. Eligible ac3 tivities under the program include— 

4 ‘‘(A) planning and marketing for intercity 

5 bus transportation; 

6 ‘‘(B) capital grants for intercity bus shel7 ters; 

8 ‘‘(C) joint-use stops and depots; 

9 ‘‘(D) operating grants through purchase10 of-service agreements, user-side subsidies, and 

11 demonstration projects; and 

12 ‘‘(E) coordinating rural connections be13 tween small public transportation operations 

14 and intercity bus carriers. 

15 ‘‘(2) CERTIFICATION.—A State does not have 

16 to comply with paragraph (1) of this subsection in 

17 a fiscal year in which the Governor of the State cer18 tifies to the Secretary, after consultation with af19 fected intercity bus service providers, that the inter20 city bus service needs of the State are being met 

21 adequately. 

22 ‘‘(g) ACCESS TO JOBS PROJECTS.— 

23 ‘‘(1) IN GENERAL.—Amounts made available 

24 under section 5338(a)(2)(F) may be used to carry 


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1 out a program to develop and maintain job access 

2 projects. Eligible projects may include— 

3 ‘‘(A) projects relating to the development 

4 and maintenance of public transportation serv5 ices designed to transport eligible low-income 

6 individuals to and from jobs and activities re7 lated to their employment, including— 

8 ‘‘(i) public transportation projects to 

9 finance planning, capital, and operating 

10 costs of providing access to jobs under this 

11 chapter; 

12 ‘‘(ii) promoting public transportation 

13 by low-income workers, including the use 

14 of public transportation by workers with 

15 nontraditional work schedules; 

16 ‘‘(iii) promoting the use of transit 

17 vouchers for welfare recipients and eligible 

18 low-income individuals; and 

19 ‘‘(iv) promoting the use of employer20 provided transportation, including the 

21 transit pass benefit program under section 

22 132 of the Internal Revenue Code of 1986; 

23 and 


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1 ‘‘(B) transportation projects designed to 

2 support the use of public transportation includ3 ing— 

4 ‘‘(i) enhancements to existing public 

5 transportation service for workers with 

6 non-traditional hours or reverse commutes; 

7 ‘‘(ii) guaranteed ride home programs; 

8 ‘‘(iii) bicycle storage facilities; and 

9 ‘‘(iv) projects that otherwise facilitate 

10 the provision of public transportation serv11 ices to employment opportunities. 

12 ‘‘(2) PROJECT SELECTION AND PLAN DEVELOP13 MENT.—Each grant recipient under this subsection 

14 shall certify that— 

15 ‘‘(A) the projects selected were included in 

16 a locally developed, coordinated public transit17 human services transportation plan; 

18 ‘‘(B) the plan was developed and approved 

19 through a process that included participation by 

20 low-income individuals, representatives of pub21 lic, private, and nonprofit transportation and 

22 human services providers, and the public; 

23 ‘‘(C) to the maximum extent feasible, serv24 ices funded under this subsection are coordiVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00836 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 nated with transportation services funded by 

2 other Federal departments and agencies; and 

3 ‘‘(D) allocations of the grant to subrecipi4 ents, if any, are distributed on a fair and equi5 table basis. 

6 ‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO

7 SUBRECIPIENTS.— 

8 ‘‘(A) STATEWIDE SOLICITATIONS.—A 

9 State may conduct a statewide solicitation for 

10 applications for grants to recipients and sub11 recipients under this subsection. 

12 ‘‘(B) APPLICATION.—If the State elects to 

13 engage in a competitive process, recipients and 

14 subrecipients seeking to receive a grant from 

15 apportioned funds shall submit to the State an 

16 application in the form and in accordance with 

17 such requirements as the State shall establish. 

18 ‘‘(h) GOVERNMENT SHARE OF COSTS.— 

19 ‘‘(1) CAPITAL PROJECTS.— 

20 ‘‘(A) IN GENERAL.—Except as provided by 

21 subparagraph (B), a grant awarded under this 

22 section for a capital project or project adminis23 trative expenses shall be for 80 percent of the 

24 net costs of the project, as determined by the 

25 Secretary. 


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1 ‘‘(B) EXCEPTION.—A State described in 

2 section 120(b) of title 23 shall receive a Gov3 ernment share of the net costs in accordance 

4 with the formula under that section. 

5 ‘‘(2) OPERATING ASSISTANCE.— 

6 ‘‘(A) IN GENERAL.—Except as provided by 

7 subparagraph (B), a grant made under this sec8 tion for operating assistance may not exceed 50 

9 percent of the net operating costs of the 

10 project, as determined by the Secretary. 

11 ‘‘(B) EXCEPTION.—A State described in 

12 section 120(b) of title 23 shall receive a Gov13 ernment share of the net operating costs equal 

14 to 62.5 percent of the Government share pro15 vided for under paragraph (1)(B). 

16 ‘‘(3) REMAINDER.—The remainder of net 

17 project costs— 

18 ‘‘(A) may be provided from an undistrib19 uted cash surplus, a replacement or deprecia20 tion cash fund or reserve, a service agreement 

21 with a State or local social service agency or a 

22 private social service organization, or new cap23 ital; 

24 ‘‘(B) may be derived from amounts appro25 priated or otherwise made available to a departVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ment or agency of the Government (other than 

2 the Department of Transportation) that are eli3 gible to be expended for transportation; and 

4 ‘‘(C) notwithstanding subparagraph (B), 

5 may be derived from amounts made available to 

6 carry out the Federal lands highway program 

7 established by section 204 of title 23. 

8 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes 

9 of paragraph (3)(B), the prohibitions on the use of 

10 funds for matching requirements under section 

11 403(a)(5)(C)(vii) of the Social Security Act (42 

12 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 

13 or State funds to be used for transportation pur14 poses. 

15 ‘‘(5) LIMITATION ON OPERATING ASSIST16 ANCE.—A State carrying out a program of operating 

17 assistance under this section may not limit the level 

18 or extent of use of the Government grant for the 

19 payment of operating expenses. 

20 ‘‘(i) TRANSFER OF FACILITIES AND EQUIPMENT.— 

21 With the consent of the recipient currently having a facil22 ity or equipment acquired with assistance under this sec23 tion, a State may transfer the facility or equipment to any 

24 recipient eligible to receive assistance under this chapter 


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1 if the facility or equipment will continue to be used as 

2 required under this section. 

3 ‘‘(j) RELATIONSHIP TO OTHER LAWS.— 

4 ‘‘(1) IN GENERAL.—Section 5333(b) applies to 

5 this section if the Secretary of Labor utilizes a spe6 cial warranty that provides a fair and equitable ar7 rangement to protect the interests of employees. 

8 ‘‘(2) RULE OF CONSTRUCTION.—This sub9 section does not affect or discharge a responsibility 

10 of the Secretary of Transportation under a law of 

11 the United States. 

12 ‘‘(k) FORMULA GRANTS FOR PUBLIC TRANSPOR13 TATION ON INDIAN RESERVATIONS.— 

14 ‘‘(1) APPORTIONMENT.— 

15 ‘‘(A) IN GENERAL.—Of the amounts de16 scribed in subsection (c)(1)(B)— 

17 ‘‘(i) 50 percent of the total amount 

18 shall be apportioned so that each Indian 

19 tribe providing public transportation serv20 ice shall receive an amount equal to the 

21 total amount apportioned under this clause 

22 multiplied by the ratio of the number of 

23 vehicle revenue miles provided by an In24 dian tribe divided by the total number of 


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1 vehicle revenue miles provided by all In2 dian tribes, as reported to the Secretary; 

3 ‘‘(ii) 25 percent of the total amount 

4 shall be apportioned equally among each 

5 Indian tribe providing at least 200,000 ve6 hicle revenue miles of public transportation 

7 service annually, as reported to the Sec8 retary; and 

9 ‘‘(iii) 25 percent of the total amount 

10 shall be apportioned among each Indian 

11 tribe providing public transportation on 

12 tribal lands on which more than 1,000 low13 income individuals reside (as determined 

14 by the Bureau of the Census) so that each 

15 Indian tribe shall receive an amount equal 

16 to the total amount apportioned under this 

17 clause multiplied by the ratio of the num18 ber of low-income individuals residing on 

19 an Indian tribe’s lands divided by the total 

20 number of low-income individuals on tribal 

21 lands on which more than 1,000 low-in22 come individuals reside. 

23 ‘‘(B) LIMITATION.—No recipient shall re24 ceive more than $300,000 of the amounts apVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00841 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 portioned under subparagraph (A)(iii) in a fis2 cal year. 

3 ‘‘(C) REMAINING AMOUNTS.—Of the 

4 amounts made available under subparagraph 

5 (A)(iii), any amounts not apportioned under 

6 that subparagraph shall be allocated among In7 dian tribes receiving less than $300,000 in a 

8 fiscal year according to the formula specified in 

9 that clause. 

10 ‘‘(D) LOW-INCOME INDIVIDUALS.—For 

11 purposes of subparagraph (A)(iii), the term 

12 ‘low-income individual’ means an individual 

13 whose family income is at or below 100 percent 

14 of the poverty line, as that term is defined in 

15 section 673(2) of the Community Services 

16 Block Grant Act (42 U.S.C. 9902(2)), including 

17 any revision required by that section, for a fam18 ily of the size involved. 

19 ‘‘(2) NON-TRIBAL SERVICE PROVIDERS.—A re20 cipient that is an Indian tribe may use funds appor21 tioned under this subsection to finance public trans22 portation services provided by a non-tribal provider 

23 of public transportation that connects residents of 

24 tribal lands with surrounding communities, improves 


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1 access to employment or healthcare, or otherwise ad2 dresses the mobility needs of tribal members.’’. 

3 (b) PILOT PROGRAM FOR INTERCITY BUS SERV4 ICE.— 

5 (1) DEFINITIONS.—In this subsection, the fol6 lowing definitions shall apply: 

7 (A) ELIGIBLE PROJECT.—The term ‘‘eligi8 ble project’’ means an intercity bus project eli9 gible under section 5311(f) of title 49, United 

10 States Code, as amended by this section, that 

11 includes both feeder service and an unsub12 sidized segment of the intercity bus network to 

13 which it connects. 

14 (B) FEEDER SERVICE.—The term ‘‘feeder 

15 service’’ means the provision of intercity con16 nections to allow for the coordination of rural 

17 connections between small public transportation 

18 systems and providers of intercity bus service. 

19 (C) INTERCITY BUS SERVICE.—The term 

20 ‘‘intercity bus service’’ means regularly sched21 uled bus service provided by private operators 

22 for the general public that operates with limited 

23 stops over fixed routes connecting two or more 

24 urban areas not in close proximity, that has the 

25 capacity for transporting baggage carried by 


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1 passengers, and that makes meaningful connec2 tions with scheduled intercity bus service to 

3 more distant points, if such service is available. 

4 (D) SECRETARY.—The term ‘‘Secretary’’ 

5 means the Secretary of Transportation. 

6 (2) IN-KIND MATCH.—The Secretary shall es7 tablish a pilot program under which the Secretary 

8 may allow not more than 20 States using funding 

9 provided to carry out section 5311(f) of title 49, 

10 United States Code, as amended by this section, to 

11 support intercity bus service using the capital costs 

12 of unsubsidized service provided by a private oper13 ator as in-kind match for an eligible project. 

14 (3) STUDY.—The Comptroller General of the 

15 United States shall conduct a study not later than 

16 1 year after the date of enactment of this Act to de17 termine the efficacy of the pilot program in improv18 ing and expanding intercity bus service and the ef19 fect of the pilot program on public transportation 

20 providers and the commuting public. 

21 SEC. 20013. RESEARCH, DEVELOPMENT, DEMONSTRATION, 

22 AND DEPLOYMENT PROJECTS. 

23 Section 5312 of title 49, United States Code, is 

24 amended to read as follows: 


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1 ‘‘§ 5312. Research, development, demonstration, and 

2 deployment projects 

3 ‘‘(a) RESEARCH, DEVELOPMENT, DEMONSTRATION, 

4 AND DEPLOYMENT PROJECTS.— 

5 ‘‘(1) IN GENERAL.—The Secretary may make 

6 grants and enter into contracts, cooperative agree7 ments, and other agreements for research, develop8 ment, demonstration, and deployment projects, and 

9 evaluation of research and technology of national 

10 significance to public transportation, that the Sec11 retary determines will improve public transportation. 

12 ‘‘(2) AGREEMENTS.—In order to carry out 

13 paragraph (1), the Secretary may make grants to 

14 and enter into contracts, cooperative agreements, 

15 and other agreements with— 

16 ‘‘(A) departments, agencies, and instru17 mentalities of the Government; 

18 ‘‘(B) State and local governmental entities; 

19 ‘‘(C) providers of public transportation; 

20 ‘‘(D) private or non-profit organizations; 

21 ‘‘(E) institutions of higher education; and 

22 ‘‘(F) technical and community colleges. 

23 ‘‘(3) APPLICATION.— 

24 ‘‘(A) IN GENERAL.—To receive a grant, 

25 contract, cooperative agreement, or other agree26 ment under this section, an entity described in 


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1 paragraph (2) shall submit an application to 

2 the Secretary. 

3 ‘‘(B) FORM AND CONTENTS.—An applica4 tion under subparagraph (A) shall be in such 

5 form and contain such information as the Sec6 retary may require, including— 

7 ‘‘(i) a statement of purpose detailing 

8 the need being addressed; 

9 ‘‘(ii) the short- and long-term goals of 

10 the project, including opportunities for fu11 ture innovation and development, the po12 tential for deployment, and benefits to rid13 ers and public transportation; and 

14 ‘‘(iii) the short- and long-term funding 

15 requirements to complete the project and 

16 any future objectives of the project. 

17 ‘‘(b) RESEARCH.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make a 

19 grant to or enter into a contract, cooperative agree20 ment, or other agreement under this section with an 

21 entity described in subsection (a)(2) to carry out a 

22 public transportation research project that has as its 

23 ultimate goal the development and deployment of 

24 new and innovative ideas, practices, and approaches. 


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1 ‘‘(2) PROJECT ELIGIBILITY.—A public trans2 portation research project that receives assistance 

3 under paragraph (1) shall focus on— 

4 ‘‘(A) providing more effective and efficient 

5 public transportation service, including services 

6 to— 

7 ‘‘(i) seniors; 

8 ‘‘(ii) individuals with disabilities; and 

9 ‘‘(iii) low-income individuals; 

10 ‘‘(B) mobility management and improve11 ments and travel management systems; 

12 ‘‘(C) data and communication system ad13 vancements; 

14 ‘‘(D) system capacity, including— 

15 ‘‘(i) train control; 

16 ‘‘(ii) capacity improvements; and 

17 ‘‘(iii) performance management; 

18 ‘‘(E) capital and operating efficiencies; 

19 ‘‘(F) planning and forecasting modeling 

20 and simulation; 

21 ‘‘(G) advanced vehicle design; 

22 ‘‘(H) advancements in vehicle technology; 

23 ‘‘(I) asset maintenance and repair systems 

24 advancement; 

25 ‘‘(J) construction and project management; 


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1 ‘‘(K) alternative fuels; 

2 ‘‘(L) the environment and energy effi3 ciency; 

4 ‘‘(M) safety improvements; or 

5 ‘‘(N) any other area that the Secretary de6 termines is important to advance the interests 

7 of public transportation. 

8 ‘‘(c) INNOVATION AND DEVELOPMENT.— 

9 ‘‘(1) IN GENERAL.—The Secretary may make a 

10 grant to or enter into a contract, cooperative agree11 ment, or other agreement under this section with an 

12 entity described in subsection (a)(2) to carry out a 

13 public transportation innovation and development 

14 project that seeks to improve public transportation 

15 systems nationwide in order to provide more efficient 

16 and effective delivery of public transportation serv17 ices, including through technology and technological 

18 capacity improvements. 

19 ‘‘(2) PROJECT ELIGIBILITY.—A public trans20 portation innovation and development project that 

21 receives assistance under paragraph (1) shall focus 

22 on— 

23 ‘‘(A) the development of public transpor24 tation research projects that received assistance 


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1 under subsection (b) that the Secretary deter2 mines were successful; 

3 ‘‘(B) planning and forecasting modeling 

4 and simulation; 

5 ‘‘(C) capital and operating efficiencies; 

6 ‘‘(D) advanced vehicle design; 

7 ‘‘(E) advancements in vehicle technology; 

8 ‘‘(F) the environment and energy effi9 ciency; 

10 ‘‘(G) system capacity, including train con11 trol and capacity improvements; or 

12 ‘‘(H) any other area that the Secretary de13 termines is important to advance the interests 

14 of public transportation. 

15 ‘‘(d) DEMONSTRATION, DEPLOYMENT, AND EVALUA16 TION.— 

17 ‘‘(1) IN GENERAL.—The Secretary may, under 

18 terms and conditions that the Secretary prescribes, 

19 make a grant to or enter into a contract, cooperative 

20 agreement, or other agreement with an entity de21 scribed in paragraph (2) to promote the early de22 ployment and demonstration of innovation in public 

23 transportation that has broad applicability. 

24 ‘‘(2) PARTICIPANTS.—An entity described in 

25 this paragraph is— 


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1 ‘‘(A) an entity described in subsection 

2 (a)(2); or 

3 ‘‘(B) a consortium of entities described in 

4 subsection (a)(2), including a provider of public 

5 transportation, that will share the costs, risks, 

6 and rewards of early deployment and dem7 onstration of innovation. 

8 ‘‘(3) PROJECT ELIGIBILITY.—A project that re9 ceives assistance under paragraph (1) shall seek to 

10 build on successful research, innovation, and devel11 opment efforts to facilitate— 

12 ‘‘(A) the deployment of research and tech13 nology development resulting from private ef14 forts or federally funded efforts; and 

15 ‘‘(B) the implementation of research and 

16 technology development to advance the interests 

17 of public transportation. 

18 ‘‘(4) EVALUATION.—Not later than 2 years 

19 after the date on which a project receives assistance 

20 under paragraph (1), the Secretary shall conduct a 

21 comprehensive evaluation of the success or failure of 

22 the projects funded under this subsection and any 

23 plan for broad-based implementation of the innova24 tion promoted by successful projects. 


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1 ‘‘(e) ANNUAL REPORT ON RESEARCH.—Not later 

2 than the first Monday in February of each year, the Sec3 retary shall submit to the Committee on Banking, Hous4 ing, and Urban Affairs and the Committee on Appropria5 tions of the Senate and the Committee on Transportation 

6 and Infrastructure and the Committee on Appropriations 

7 of the House of Representatives a report that includes— 

8 ‘‘(1) a description of each project that received 

9 assistance under this section during the preceding 

10 fiscal year; 

11 ‘‘(2) an evaluation of each project described in 

12 paragraph (1), including any evaluation conducted 

13 under subsection (d)(4) for the preceding fiscal year; 

14 and 

15 ‘‘(3) a proposal for allocations of amounts for 

16 assistance under this section for the subsequent fis17 cal year. 

18 ‘‘(f) GOVERNMENT SHARE OF COSTS.— 

19 ‘‘(1) IN GENERAL.—The Government share of 

20 the cost of a project carried out under this section 

21 shall not exceed 80 percent. 

22 ‘‘(2) NON-GOVERNMENT SHARE.—The non-Gov23 ernment share of the cost of a project carried out 

24 under this section may be derived from in-kind con25 tributions. 


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1 ‘‘(3) FINANCIAL BENEFIT.—If the Secretary 

2 determines that there would be a clear and direct fi3 nancial benefit to an entity under a grant, contract, 

4 cooperative agreement, or other agreement under 

5 this section, the Secretary shall establish a Govern6 ment share of the costs of the project to be carried 

7 out under the grant, contract, cooperative agree8 ment, or other agreement that is consistent with the 

9 benefit.’’. 

10 SEC. 20014. TECHNICAL ASSISTANCE AND STANDARDS DE11 VELOPMENT. 

12 Section 5314 of title 49, United States Code, is 

13 amended to read as follows: 

14 ‘‘§ 5314. Technical assistance and standards develop15 ment 

16 ‘‘(a) TECHNICAL ASSISTANCE AND STANDARDS DE17 VELOPMENT.— 

18 ‘‘(1) IN GENERAL.—The Secretary may make 

19 grants and enter into contracts, cooperative agree20 ments, and other agreements (including agreements 

21 with departments, agencies, and instrumentalities of 

22 the Government) to carry out activities that the Sec23 retary determines will assist recipients of assistance 

24 under this chapter to— 


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1 ‘‘(A) more effectively and efficiently pro2 vide public transportation service; 

3 ‘‘(B) administer funds received under this 

4 chapter in compliance with Federal law; and 

5 ‘‘(C) improve public transportation. 

6 ‘‘(2) ELIGIBLE ACTIVITIES.—The activities car7 ried out under paragraph (1) may include— 

8 ‘‘(A) technical assistance; and 

9 ‘‘(B) the development of standards and 

10 best practices by the public transportation in11 dustry. 

12 ‘‘(b) TECHNICAL ASSISTANCE CENTERS.— 

13 ‘‘(1) DEFINITION.—In this subsection, the term 

14 ‘eligible entity’ means a nonprofit organization, an 

15 institution of higher education, or a technical or 

16 community college. 

17 ‘‘(2) IN GENERAL.—The Secretary may make 

18 grants to and enter into contracts, cooperative 

19 agreements, and other agreements with eligible enti20 ties to administer centers to provide technical assist21 ance, including— 

22 ‘‘(A) the development of tools and guid23 ance; and 

24 ‘‘(B) the dissemination of best practices. 


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1 ‘‘(3) COMPETITIVE PROCESS.—The Secretary 

2 may make grants and enter into contracts, coopera3 tive agreements, and other agreements under para4 graph (2) through a competitive process on a bien5 nial basis for technical assistance in each of the fol6 lowing categories: 

7 ‘‘(A) Human services transportation co8 ordination, including— 

9 ‘‘(i) transportation for seniors; 

10 ‘‘(ii) transportation for individuals 

11 with disabilities; and 

12 ‘‘(iii) coordination of local resources 

13 and programs to assist low-income individ14 uals and veterans in gaining access to 

15 training and employment opportunities. 

16 ‘‘(B) Transit-oriented development. 

17 ‘‘(C) Transportation equity with regard to 

18 the impact that transportation planning, invest19 ment, and operations have on low-income and 

20 minority individuals. 

21 ‘‘(D) Financing mechanisms, including— 

22 ‘‘(i) public-private partnerships; 

23 ‘‘(ii) bonding; and 

24 ‘‘(iii) State and local capacity build25 ing. 


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1 ‘‘(E) Any other activity that the Secretary 

2 determines is important to advance the inter3 ests of public transportation. 

4 ‘‘(4) EXPERTISE OF TECHNICAL ASSISTANCE

5 CENTERS.—In selecting an eligible entity to admin6 ister a center under this subsection, the Secretary 

7 shall consider— 

8 ‘‘(A) the demonstrated subject matter ex9 pertise of the eligible entity; and 

10 ‘‘(B) the capacity of the eligible entity to 

11 deliver technical assistance on a regional or na12 tionwide basis. 

13 ‘‘(5) PARTNERSHIPS.—An eligible entity may 

14 partner with another eligible entity to provide tech15 nical assistance under this subsection. 

16 ‘‘(c) GOVERNMENT SHARE OF COSTS.— 

17 ‘‘(1) IN GENERAL.—The Government share of 

18 the cost of an activity under this section may not ex19 ceed 80 percent. 

20 ‘‘(2) NON-GOVERNMENT SHARE.—The non-Gov21 ernment share of the cost of an activity under this 

22 section may be derived from in-kind contributions.’’. 

23 SEC. 20015. BUS TESTING FACILITIES. 

24 Section 5318 of title 49, United States Code, is 

25 amended to read as follows: 


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1 ‘‘§ 5318. Bus testing facilities 

2 ‘‘(a) FACILITIES.—The Secretary shall certify not 

3 more than 4 comprehensive facilities for testing new bus 

4 models for maintainability, reliability, safety, performance 

5 (including braking performance), structural integrity, fuel 

6 economy, emissions, and noise. 

7 ‘‘(b) COOPERATIVE AGREEMENT.—The Secretary 

8 shall enter into a cooperative agreement with not more 

9 than 4 qualified entities to test public transportation vehi10 cles under subsection (a). 

11 ‘‘(c) FEES.—An entity that operates and maintains 

12 a facility certified under subsection (a) shall establish and 

13 collect reasonable fees for the testing of vehicles at the 

14 facility. The Secretary must approve the fees. 

15 ‘‘(d) AVAILABILITY OF AMOUNTS TO PAY FOR TEST16 ING.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall enter 

18 into a cooperative agreement with an entity that op19 erates and maintains a facility certified under sub20 section (a), under which 80 percent of the fee for 

21 testing a vehicle at the facility may be available from 

22 amounts apportioned to a recipient under section 

23 5336 or from amounts appropriated to carry out 

24 this section. 

25 ‘‘(2) PROHIBITION.—An entity that operates 

26 and maintains a facility described in subsection (a) 


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1 shall not have a financial interest in the outcome of 

2 the testing carried out at the facility. 

3 ‘‘(e) ACQUIRING NEW BUS MODELS.—Amounts ap4 propriated or made available under this chapter may be 

5 obligated or expended to acquire a new bus model only 

6 if— 

7 ‘‘(1) a bus of that model has been tested at a 

8 facility described in subsection (a); and 

9 ‘‘(2) the bus tested under paragraph (1) met— 

10 ‘‘(A) performance standards for maintain11 ability, reliability, performance (including brak12 ing performance), structural integrity, fuel 

13 economy, emissions, and noise, as established 

14 by the Secretary by rule; and 

15 ‘‘(B) the minimum safety performance 

16 standards established by the Secretary pursuant 

17 to section 5329(b).’’. 

18 SEC. 20016. PUBLIC TRANSPORTATION WORKFORCE DE19 VELOPMENT AND HUMAN RESOURCE PRO20 GRAMS. 

21 Section 5322 of title 49, United States Code, is 

22 amended to read as follows: 


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1 ‘‘§ 5322. Public transportation workforce develop2 ment and human resource programs 

3 ‘‘(a) IN GENERAL.—The Secretary may undertake, 

4 or make grants or enter into contracts for, activities that 

5 address human resource needs as the needs apply to public 

6 transportation activities, including activities that— 

7 ‘‘(1) educate and train employees; 

8 ‘‘(2) develop the public transportation work9 force through career outreach and preparation; 

10 ‘‘(3) develop a curriculum for workforce devel11 opment; 

12 ‘‘(4) conduct outreach programs to increase mi13 nority and female employment in public transpor14 tation; 

15 ‘‘(5) conduct research on public transportation 

16 personnel and training needs; 

17 ‘‘(6) provide training and assistance for minor18 ity business opportunities; 

19 ‘‘(7) advance training relating to maintenance 

20 of alternative energy, energy efficiency, or zero emis21 sion vehicles and facilities used in public transpor22 tation; and 

23 ‘‘(8) address a current or projected workforce 

24 shortage in an area that requires technical expertise. 

25 ‘‘(b) FUNDING.— 


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1 ‘‘(1) URBANIZED AREA FORMULA GRANTS.—A 

2 recipient or subrecipient of funding under section 

3 5307 shall expend not less than 0.5 percent of such 

4 funding for activities consistent with subsection (a). 

5 ‘‘(2) WAIVER.—The Secretary may waive the 

6 requirement under paragraph (1) with respect to a 

7 recipient or subrecipient if the Secretary determines 

8 that the recipient or subrecipient— 

9 ‘‘(A) has an adequate workforce develop10 ment program; or 

11 ‘‘(B) has partnered with a local edu12 cational institution in a manner that suffi13 ciently promotes or addresses workforce devel14 opment and human resource needs. 

15 ‘‘(c) INNOVATIVE PUBLIC TRANSPORTATION WORK16 FORCE DEVELOPMENT PROGRAM.— 

17 ‘‘(1) PROGRAM ESTABLISHED.—The Secretary 

18 shall establish a competitive grant program to assist 

19 the development of innovative activities eligible for 

20 assistance under subsection (a). 

21 ‘‘(2) SELECTION OF RECIPIENTS.—To the max22 imum extent feasible, the Secretary shall select re23 cipients that— 

24 ‘‘(A) are geographically diverse; 


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1 ‘‘(B) address the workforce and human re2 sources needs of large public transportation 

3 providers; 

4 ‘‘(C) address the workforce and human re5 sources needs of small public transportation 

6 providers; 

7 ‘‘(D) address the workforce and human re8 sources needs of urban public transportation 

9 providers; 

10 ‘‘(E) address the workforce and human re11 sources needs of rural public transportation 

12 providers; 

13 ‘‘(F) advance training related to mainte14 nance of alternative energy, energy efficiency, 

15 or zero emission vehicles and facilities used in 

16 public transportation; 

17 ‘‘(G) target areas with high rates of unem18 ployment; and 

19 ‘‘(H) address current or projected work20 force shortages in areas that require technical 

21 expertise. 

22 ‘‘(d) GOVERNMENT’S SHARE OF COSTS.—The Gov23 ernment share of the cost of a project carried out using 

24 a grant under this section shall be 50 percent. 


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1 ‘‘(e) REPORT.—Not later than 2 years after the date 

2 of enactment of the Federal Public Transportation Act of 

3 2012, the Secretary shall submit to the Committee on 

4 Banking, Housing, and Urban Affairs of the Senate and 

5 the Committee on Transportation and Infrastructure of 

6 the House of Representatives a report concerning the 

7 measurable outcomes and impacts of the programs funded 

8 under this section.’’. 

9 SEC. 20017. GENERAL PROVISIONS. 

10 Section 5323 of title 49, United States Code, is 

11 amended to read as follows: 

12 ‘‘§ 5323. General provisions 

13 ‘‘(a) INTERESTS IN PROPERTY.— 

14 ‘‘(1) IN GENERAL.—Financial assistance pro15 vided under this chapter to a State or a local gov16 ernmental authority may be used to acquire an in17 terest in, or to buy property of, a private company 

18 engaged in public transportation, for a capital 

19 project for property acquired from a private com20 pany engaged in public transportation after July 9, 

21 1964, or to operate a public transportation facility 

22 or equipment in competition with, or in addition to, 

23 transportation service provided by an existing public 

24 transportation company, only if— 


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1 ‘‘(A) the Secretary determines that such fi2 nancial assistance is essential to a program of 

3 projects required under sections 5303 and 

4 5304; 

5 ‘‘(B) the Secretary determines that the 

6 program provides for the participation of pri7 vate companies engaged in public transpor8 tation to the maximum extent feasible; and 

9 ‘‘(C) just compensation under State or 

10 local law will be paid to the company for its 

11 franchise or property. 

12 ‘‘(2) LIMITATION.—A governmental authority 

13 may not use financial assistance of the United 

14 States Government to acquire land, equipment, or a 

15 facility used in public transportation from another 

16 governmental authority in the same geographic area. 

17 ‘‘(b) RELOCATION AND REAL PROPERTY REQUIRE18 MENTS.—The Uniform Relocation Assistance and Real 

19 Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 

20 et seq.) shall apply to financial assistance for capital 

21 projects under this chapter. 

22 ‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL, AND

23 ENVIRONMENTAL INTERESTS.— 

24 ‘‘(1) COOPERATION AND CONSULTATION.—In 

25 carrying out the goal described in section 


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1 5301(c)(2), the Secretary shall cooperate and con2 sult with the Secretary of the Interior and the Ad3 ministrator of the Environmental Protection Agency 

4 on each project that may have a substantial impact 

5 on the environment. 

6 ‘‘(2) COMPLIANCE WITH NEPA.—The National 

7 Environmental Policy Act of 1969 (42 U.S.C. 4321 

8 et seq.) shall apply to financial assistance for capital 

9 projects under this chapter. 

10 ‘‘(d) CORRIDOR PRESERVATION.— 

11 ‘‘(1) IN GENERAL.—The Secretary may assist a 

12 recipient in acquiring right-of-way before the com13 pletion of the environmental reviews for any project 

14 that may use the right-of-way if the acquisition is 

15 otherwise permitted under Federal law. The Sec16 retary may establish restrictions on such an acquisi17 tion as the Secretary determines to be necessary and 

18 appropriate. 

19 ‘‘(2) ENVIRONMENTAL REVIEWS.—Right-of-way 

20 acquired under this subsection may not be developed 

21 in anticipation of the project until all required envi22 ronmental reviews for the project have been com23 pleted. 

24 ‘‘(e) CONDITION ON CHARTER BUS TRANSPOR25 TATION SERVICE.— 


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1 ‘‘(1) AGREEMENTS.—Financial assistance 

2 under this chapter may be used to buy or operate 

3 a bus only if the applicant, governmental authority, 

4 or publicly owned operator that receives the assist5 ance agrees that, except as provided in the agree6 ment, the governmental authority or an operator of 

7 public transportation for the governmental authority 

8 will not provide charter bus transportation service 

9 outside the urban area in which it provides regularly 

10 scheduled public transportation service. An agree11 ment shall provide for a fair arrangement the Sec12 retary of Transportation considers appropriate to 

13 ensure that the assistance will not enable a govern14 mental authority or an operator for a governmental 

15 authority to foreclose a private operator from pro16 viding intercity charter bus service if the private op17 erator can provide the service. 

18 ‘‘(2) VIOLATIONS.— 

19 ‘‘(A) INVESTIGATIONS.—On receiving a 

20 complaint about a violation of the agreement 

21 required under paragraph (1), the Secretary 

22 shall investigate and decide whether a violation 

23 has occurred. 

24 ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If 

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1 curred, the Secretary shall correct the violation 

2 under terms of the agreement. 

3 ‘‘(C) ADDITIONAL REMEDIES.—In addition 

4 to any remedy specified in the agreement, the 

5 Secretary shall bar a recipient or an operator 

6 from receiving Federal transit assistance in an 

7 amount the Secretary considers appropriate if 

8 the Secretary finds a pattern of violations of 

9 the agreement. 

10 ‘‘(f) BOND PROCEEDS ELIGIBLE FOR LOCAL

11 SHARE.— 

12 ‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not13 withstanding any other provision of law, a recipient 

14 of assistance under section 5307, 5309, or 5337 

15 may use the proceeds from the issuance of revenue 

16 bonds as part of the local matching funds for a cap17 ital project. 

18 ‘‘(2) MAINTENANCE OF EFFORT.—The Sec19 retary shall approve of the use of the proceeds from 

20 the issuance of revenue bonds for the remainder of 

21 the net project cost only if the Secretary finds that 

22 the aggregate amount of financial support for public 

23 transportation in the urbanized area provided by the 

24 State and affected local governmental authorities 

25 during the next 3 fiscal years, as programmed in the 


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1 State transportation improvement program under 

2 section 5304, is not less than the aggregate amount 

3 provided by the State and affected local govern4 mental authorities in the urbanized area during the 

5 preceding 3 fiscal years. 

6 ‘‘(3) DEBT SERVICE RESERVE.—The Secretary 

7 may reimburse an eligible recipient for deposits of 

8 bond proceeds in a debt service reserve that the re9 cipient establishes pursuant to section 5302(3)(J) 

10 from amounts made available to the recipient under 

11 section 5309. 

12 ‘‘(g) SCHOOLBUS TRANSPORTATION.— 

13 ‘‘(1) AGREEMENTS.—Financial assistance 

14 under this chapter may be used for a capital project, 

15 or to operate public transportation equipment or a 

16 public transportation facility, only if the applicant 

17 agrees not to provide schoolbus transportation that 

18 exclusively transports students and school personnel 

19 in competition with a private schoolbus operator. 

20 This subsection does not apply— 

21 ‘‘(A) to an applicant that operates a school 

22 system in the area to be served and a separate 

23 and exclusive schoolbus program for the school 

24 system; and 


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1 ‘‘(B) unless a private schoolbus operator 

2 can provide adequate transportation that com3 plies with applicable safety standards at reason4 able rates. 

5 ‘‘(2) VIOLATIONS.—If the Secretary finds that 

6 an applicant, governmental authority, or publicly 

7 owned operator has violated the agreement required 

8 under paragraph (1), the Secretary shall bar a re9 cipient or an operator from receiving Federal transit 

10 assistance in an amount the Secretary considers ap11 propriate. 

12 ‘‘(h) BUYING BUSES UNDER OTHER LAWS.—Sub13 sections (e) and (g) of this section apply to financial as14 sistance to buy a bus under sections 133 and 142 of title 

15 23. 

16 ‘‘(i) GRANT AND LOAN PROHIBITIONS.—A grant or 

17 loan may not be used to— 

18 ‘‘(1) pay ordinary governmental or nonproject 

19 operating expenses; or 

20 ‘‘(2) support a procurement that uses an exclu21 sionary or discriminatory specification. 

22 ‘‘(j) GOVERNMENT SHARE OF COSTS FOR CERTAIN

23 PROJECTS.—A grant for a project to be assisted under 

24 this chapter that involves acquiring vehicle-related equip25 ment or facilities required by the Americans with DisabilVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00867 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle2 related equipment or facilities (including clean fuel or al3 ternative fuel vehicle-related equipment or facilities) for 

4 purposes of complying with or maintaining compliance 

5 with the Clean Air Act, is for 90 percent of the net project 

6 cost of such equipment or facilities attributable to compli7 ance with those Acts. The Secretary shall have discretion 

8 to determine, through practicable administrative proce9 dures, the costs of such equipment or facilities attributable 

10 to compliance with those Acts. 

11 ‘‘(k) BUY AMERICA.— 

12 ‘‘(1) IN GENERAL.—The Secretary may obligate 

13 an amount that may be appropriated to carry out 

14 this chapter for a project only if the steel, iron, and 

15 manufactured goods used in the project are pro16 duced in the United States. 

17 ‘‘(2) WAIVER.—The Secretary may waive para18 graph (1) of this subsection if the Secretary finds 

19 that— 

20 ‘‘(A) applying paragraph (1) would be in21 consistent with the public interest; 

22 ‘‘(B) the steel, iron, and goods produced in 

23 the United States are not produced in a suffi24 cient and reasonably available amount or are 

25 not of a satisfactory quality; 


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1 ‘‘(C) when procuring rolling stock (includ2 ing train control, communication, and traction 

3 power equipment) under this chapter— 

4 ‘‘(i) the cost of components and sub5 components produced in the United States 

6 is more than 60 percent of the cost of all 

7 components of the rolling stock; and 

8 ‘‘(ii) final assembly of the rolling 

9 stock has occurred in the United States; or 

10 ‘‘(D) including domestic material will in11 crease the cost of the overall project by more 

12 than 25 percent. 

13 ‘‘(3) WRITTEN WAIVER DETERMINATION AND

14 ANNUAL REPORT.— 

15 ‘‘(A) WRITTEN DETERMINATION.—Before 

16 issuing a waiver under paragraph (2), the Sec17 retary shall— 

18 ‘‘(i) publish in the Federal Register 

19 and make publicly available in an easily 

20 identifiable location on the website of the 

21 Department of Transportation a detailed 

22 written explanation of the waiver deter23 mination; and 


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1 ‘‘(ii) provide the public with a reason2 able period of time for notice and com3 ment. 

4 ‘‘(B) ANNUAL REPORT.—Not later than 1 

5 year after the date of enactment of the Federal 

6 Public Transportation Act of 2012, and annu7 ally thereafter, the Secretary shall submit to 

8 the Committee on Banking, Housing, and 

9 Urban Affairs of the Senate and the Committee 

10 on Transportation and Infrastructure of the 

11 House of Representatives a report listing any 

12 waiver issued under paragraph (2) during the 

13 preceding year. 

14 ‘‘(4) LABOR COSTS FOR FINAL ASSEMBLY.—In 

15 this subsection, labor costs involved in final assembly 

16 are not included in calculating the cost of compo17 nents. 

18 ‘‘(5) WAIVER PROHIBITED.—The Secretary may 

19 not make a waiver under paragraph (2) of this sub20 section for goods produced in a foreign country if 

21 the Secretary, in consultation with the United States 

22 Trade Representative, decides that the government 

23 of that foreign country— 

24 ‘‘(A) has an agreement with the United 

25 States Government under which the Secretary 


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1 has waived the requirement of this subsection; 

2 and 

3 ‘‘(B) has violated the agreement by dis4 criminating against goods to which this sub5 section applies that are produced in the United 

6 States and to which the agreement applies. 

7 ‘‘(6) PENALTY FOR MISLABELING AND MIS8 REPRESENTATION.—A person is ineligible under 

9 subpart 9.4 of the Federal Acquisition Regulation, 

10 or any successor thereto, to receive a contract or 

11 subcontract made with amounts authorized under 

12 the Federal Public Transportation Act of 2012 if a 

13 court or department, agency, or instrumentality of 

14 the Government decides the person intentionally— 

15 ‘‘(A) affixed a ‘Made in America’ label, or 

16 a label with an inscription having the same 

17 meaning, to goods sold in or shipped to the 

18 United States that are used in a project to 

19 which this subsection applies but not produced 

20 in the United States; or 

21 ‘‘(B) represented that goods described in 

22 subparagraph (A) of this paragraph were pro23 duced in the United States. 

24 ‘‘(7) STATE REQUIREMENTS.—The Secretary 

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1 vided under this chapter that restricts a State from 

2 imposing more stringent requirements than this sub3 section on the use of articles, materials, and supplies 

4 mined, produced, or manufactured in foreign coun5 tries in projects carried out with that assistance or 

6 restricts a recipient of that assistance from com7 plying with those State-imposed requirements. 

8 ‘‘(8) OPPORTUNITY TO CORRECT INADVERTENT

9 ERROR.—The Secretary may allow a manufacturer 

10 or supplier of steel, iron, or manufactured goods to 

11 correct after bid opening any certification of non12 compliance or failure to properly complete the cer13 tification (but not including failure to sign the cer14 tification) under this subsection if such manufac15 turer or supplier attests under penalty of perjury 

16 that such manufacturer or supplier submitted an in17 correct certification as a result of an inadvertent or 

18 clerical error. The burden of establishing inadvertent 

19 or clerical error is on the manufacturer or supplier. 

20 ‘‘(9) ADMINISTRATIVE REVIEW.—A party ad21 versely affected by an agency action under this sub22 section shall have the right to seek review under sec23 tion 702 of title 5. 

24 ‘‘(10) APPLICATION TO TRANSIT PROGRAMS.— 

25 The requirements under this subsection shall apply 


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1 to all contracts eligible for assistance under this 

2 chapter for a project carried out within the scope of 

3 the applicable finding, determination, or decision 

4 under the National Environmental Policy Act of 

5 1969 (42 U.S.C. 4321 et seq.), regardless of the 

6 funding source of such contracts, if at least 1 con7 tract for the project is funded with amounts made 

8 available to carry out this chapter. 

9 ‘‘(l) PARTICIPATION OF GOVERNMENTAL AGENCIES

10 IN DESIGN AND DELIVERY OF TRANSPORTATION SERV11 ICES.—Governmental agencies and nonprofit organiza12 tions that receive assistance from Government sources 

13 (other than the Department of Transportation) for non14 emergency transportation services shall— 

15 ‘‘(1) participate and coordinate with recipients 

16 of assistance under this chapter in the design and 

17 delivery of transportation services; and 

18 ‘‘(2) be included in the planning for those serv19 ices. 

20 ‘‘(m) RELATIONSHIP TO OTHER LAWS.— 

21 ‘‘(1) FRAUD AND FALSE STATEMENTS.—Sec22 tion 1001 of title 18 applies to a certificate, submis23 sion, or statement provided under this chapter. The 

24 Secretary may terminate financial assistance under 

25 this chapter and seek reimbursement directly, or by 


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1 offsetting amounts, available under this chapter if 

2 the Secretary determines that a recipient of such fi3 nancial assistance has made a false or fraudulent 

4 statement or related act in connection with a Fed5 eral public transportation program. 

6 ‘‘(2) POLITICAL ACTIVITIES OF NON7 SUPERVISORY EMPLOYEES.—The provision of assist8 ance under this chapter shall not be construed to re9 quire the application of chapter 15 of title 5 to any 

10 nonsupervisory employee of a public transportation 

11 system (or any other agency or entity performing re12 lated functions) to whom such chapter does not oth13 erwise apply. 

14 ‘‘(n) PREAWARD AND POSTDELIVERY REVIEW OF

15 ROLLING STOCK PURCHASES.—The Secretary shall pre16 scribe regulations requiring a preaward and postdelivery 

17 review of a grant under this chapter to buy rolling stock 

18 to ensure compliance with Government motor vehicle safe19 ty requirements, subsection (k) of this section, and bid 

20 specifications requirements of grant recipients under this 

21 chapter. Under this subsection, independent inspections 

22 and review are required, and a manufacturer certification 

23 is not sufficient. Rolling stock procurements of 20 vehicles 

24 or fewer made for the purpose of serving other than ur25 banized areas and urbanized areas with populations of 


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1 200,000 or fewer shall be subject to the same require2 ments as established for procurements of 10 or fewer 

3 buses under the post-delivery purchaser’s requirements 

4 certification process under section 663.37(c) of title 49, 

5 Code of Federal Regulations. 

6 ‘‘(o) SUBMISSION OF CERTIFICATIONS.—A certifi7 cation required under this chapter and any additional cer8 tification or assurance required by law or regulation to 

9 be submitted to the Secretary may be consolidated into 

10 a single document to be submitted annually as part of a 

11 grant application under this chapter. The Secretary shall 

12 publish annually a list of all certifications required under 

13 this chapter with the publication required under section 

14 5336(d)(2). 

15 ‘‘(p) GRANT REQUIREMENTS.—The grant require16 ments under sections 5307, 5309, and 5337 apply to any 

17 project under this chapter that receives any assistance or 

18 other financing under chapter 6 (other than section 609) 

19 of title 23. 

20 ‘‘(q) ALTERNATIVE FUELING FACILITIES.—A recipi21 ent of assistance under this chapter may allow the inci22 dental use of federally funded alternative fueling facilities 

23 and equipment by nontransit public entities and private 

24 entities if— 


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1 ‘‘(1) the incidental use does not interfere with 

2 the recipient’s public transportation operations; 

3 ‘‘(2) all costs related to the incidental use are 

4 fully recaptured by the recipient from the nontransit 

5 public entity or private entity; 

6 ‘‘(3) the recipient uses revenues received from 

7 the incidental use in excess of costs for planning, 

8 capital, and operating expenses that are incurred in 

9 providing public transportation; and 

10 ‘‘(4) private entities pay all applicable excise 

11 taxes on fuel. 

12 ‘‘(r) FIXED GUIDEWAY CATEGORICAL EXCLUSION.— 

13 ‘‘(1) STUDY.—Not later than 6 months after 

14 the date of enactment of the Federal Public Trans15 portation Act of 2012, the Secretary shall conduct a 

16 study to determine the feasibility of providing a cat17 egorical exclusion for streetcar, bus rapid transit, 

18 and light rail projects located within an existing 

19 transportation right-of-way from the requirements of 

20 the National Environmental Policy Act of 1969 (42 

21 U.S.C. 4321 et seq.) in accordance with the Council 

22 on Environmental Quality implementing regulations 

23 under parts 1500 through 1508 of title 40, Code of 

24 Federal Regulations, or any successor thereto. 


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1 ‘‘(2) FINDINGS AND RULES.—Not later than 1 

2 year after the date of enactment of the Federal Pub3 lic Transportation Act of 2012, the Secretary shall 

4 issue findings and, if appropriate, issue rules to pro5 vide categorical exclusions for suitable categories of 

6 projects.’’. 

7 SEC. 20018. CONTRACT REQUIREMENTS. 

8 Section 5325 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (e), by striking paragraph (1) 

11 and inserting the following: 

12 ‘‘(1) CONTRACTS.—A recipient procuring roll13 ing stock with Government financial assistance 

14 under this chapter may make a multiyear contract 

15 to buy the rolling stock and replacement parts under 

16 which the recipient has an option to buy additional 

17 rolling stock or replacement parts for— 

18 ‘‘(A) not more than 5 years after the date 

19 of the original contract for bus procurements; 

20 and 

21 ‘‘(B) not more than 7 years after the date 

22 of the original contract for rail procurements, 

23 provided that such option does not allow for 

24 significant changes or alterations to the rolling 

25 stock.’’. 


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1 (2) in subsection (h), by striking ‘‘Federal Pub2 lic Transportation Act of 2005’’ and inserting ‘‘Fed3 eral Public Transportation Act of 2012’’; 

4 (3) in subsection (j)(2)(C), by striking ‘‘, in5 cluding the performance reported in the Contractor 

6 Performance Assessment Reports required under 

7 section 5309(l)(2)’’; and 

8 (4) by adding at the end the following: 

9 ‘‘(k) VETERANS EMPLOYMENT.—Recipients and sub10 recipients of Federal financial assistance under this chap11 ter shall ensure that contractors working on a capital 

12 project funded using such assistance give a hiring pref13 erence to veterans, as defined in section 2108 of title 5, 

14 who have the requisite skills and abilities to perform the 

15 construction work required under the contract.’’. 

16 SEC. 20019. TRANSIT ASSET MANAGEMENT. 

17 Section 5326 of title 49, United States Code, is 

18 amended to read as follows: 

19 ‘‘§ 5326. Transit asset management 

20 ‘‘(a) DEFINITIONS.—In this section the following 

21 definitions shall apply: 

22 ‘‘(1) CAPITAL ASSET.—The term ‘capital asset’ 

23 includes equipment, rolling stock, infrastructure, and 

24 facilities for use in public transportation and owned 


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1 or leased by a recipient or subrecipient of Federal fi2 nancial assistance under this chapter. 

3 ‘‘(2) TRANSIT ASSET MANAGEMENT PLAN.— 

4 The term ‘transit asset management plan’ means a 

5 plan developed by a recipient of funding under this 

6 chapter that— 

7 ‘‘(A) includes, at a minimum, capital asset 

8 inventories and condition assessments, decision 

9 support tools, and investment prioritization; 

10 and 

11 ‘‘(B) the recipient certifies complies with 

12 the rule issued under this section. 

13 ‘‘(3) TRANSIT ASSET MANAGEMENT SYSTEM.— 

14 The term ‘transit asset management system’ means 

15 a strategic and systematic process of operating, 

16 maintaining, and improving public transportation 

17 capital assets effectively throughout the life cycle of 

18 such assets. 

19 ‘‘(b) TRANSIT ASSET MANAGEMENT SYSTEM.—The 

20 Secretary shall establish and implement a national transit 

21 asset management system, which shall include— 

22 ‘‘(1) a definition of the term ‘state of good re23 pair’ that includes objective standards for measuring 

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1 ing equipment, rolling stock, infrastructure, and fa2 cilities; 

3 ‘‘(2) a requirement that recipients and sub4 recipients of Federal financial assistance under this 

5 chapter develop a transit asset management plan; 

6 ‘‘(3) a requirement that each recipient of Fed7 eral financial assistance under this chapter report on 

8 the condition of the system of the recipient and pro9 vide a description of any change in condition since 

10 the last report; 

11 ‘‘(4) an analytical process or decision support 

12 tool for use by public transportation systems that— 

13 ‘‘(A) allows for the estimation of capital 

14 investment needs of such systems over time; 

15 and 

16 ‘‘(B) assists with asset investment 

17 prioritization by such systems; and 

18 ‘‘(5) technical assistance to recipients of Fed19 eral financial assistance under this chapter. 

20 ‘‘(c) PERFORMANCE MEASURES AND TARGETS.— 

21 ‘‘(1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of the Federal Public Trans23 portation Act of 2012, the Secretary shall issue a 

24 final rule to establish performance measures based 


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1 on the state of good repair standards established 

2 under subsection (b)(1). 

3 ‘‘(2) TARGETS.—Not later than 3 months after 

4 the date on which the Secretary issues a final rule 

5 under paragraph (1), and each fiscal year thereafter, 

6 each recipient of Federal financial assistance under 

7 this chapter shall establish performance targets in 

8 relation to the performance measures established by 

9 the Secretary. 

10 ‘‘(3) REPORTS.—Each recipient of Federal fi11 nancial assistance under this chapter shall submit to 

12 the Secretary an annual report that describes— 

13 ‘‘(A) the progress of the recipient during 

14 the fiscal year to which the report relates to15 ward meeting the performance targets estab16 lished under paragraph (2) for that fiscal year; 

17 and 

18 ‘‘(B) the performance targets established 

19 by the recipient for the subsequent fiscal year. 

20 ‘‘(d) RULEMAKING.—Not later than 1 year after the 

21 date of enactment of the Federal Public Transportation 

22 Act of 2012, the Secretary shall issue a final rule to imple23 ment the transit asset management system described in 

24 subsection (b).’’. 


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1 SEC. 20020. PROJECT MANAGEMENT OVERSIGHT. 

2 Section 5327 of title 49, United States Code, is 

3 amended— 

4 (1) in subsection (a)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘United States’’ and all that follows 

7 through ‘‘Secretary of Transportation’’ and in8 serting the following: ‘‘Federal financial assist9 ance for a major capital project for public 

10 transportation under this chapter or any other 

11 provision of Federal law, a recipient must pre12 pare a project management plan approved by 

13 the Secretary and carry out the project in ac14 cordance with the project management plan’’; 

15 and 

16 (B) in paragraph (12), by striking ‘‘each 

17 month’’ and inserting ‘‘quarterly’’; 

18 (2) by striking subsections (c), (d), and (f); 

19 (3) by inserting after subsection (b) the fol20 lowing: 

21 ‘‘(c) ACCESS TO SITES AND RECORDS.—Each recipi22 ent of Federal financial assistance for public transpor23 tation under this chapter or any other provision of Federal 

24 law shall provide the Secretary and a contractor the Sec25 retary chooses under section 5338(g) with access to the 


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1 construction sites and records of the recipient when rea2 sonably necessary.’’; 

3 (4) by redesignating subsection (e) as sub4 section (d); and 

5 (5) in subsection (d), as so redesignated— 

6 (A) in paragraph (1), by striking ‘‘sub7 section (c) of this section’’ and inserting ‘‘sec8 tion 5338(g)’’; and 

9 (B) in paragraph (2)— 

10 (i) by striking ‘‘preliminary engineer11 ing stage’’ and inserting ‘‘project develop12 ment phase’’; and 

13 (ii) by striking ‘‘another stage’’ and 

14 inserting ‘‘another phase’’. 

15 SEC. 20021. PUBLIC TRANSPORTATION SAFETY. 

16 (a) PUBLIC TRANSPORTATION SAFETY PROGRAM.— 

17 Section 5329 of title 49, United States Code, is amended 

18 to read as follows: 

19 ‘‘§ 5329. Public transportation safety program 

20 ‘‘(a) DEFINITION.—In this section, the term ‘recipi21 ent’ means a State or local governmental authority, or any 

22 other operator of a public transportation system, that re23 ceives financial assistance under this chapter. 

24 ‘‘(b) NATIONAL PUBLIC TRANSPORTATION SAFETY

25 PLAN.— 


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

2 and implement a national public transportation safe3 ty plan to improve the safety of all public transpor4 tation systems that receive funding under this chap5 ter. 

6 ‘‘(2) CONTENTS OF PLAN.—The national public 

7 transportation safety plan under paragraph (1) shall 

8 include— 

9 ‘‘(A) safety performance criteria for all 

10 modes of public transportation; 

11 ‘‘(B) the definition of the term ‘state of 

12 good repair’ established under section 5326(b); 

13 ‘‘(C) minimum safety performance stand14 ards for public transportation vehicles used in 

15 revenue operations that— 

16 ‘‘(i) do not apply to rolling stock oth17 erwise regulated by the Secretary or any 

18 other Federal agency; and 

19 ‘‘(ii) to the extent practicable, take 

20 into consideration— 

21 ‘‘(I) relevant recommendations of 

22 the National Transportation Safety 

23 Board; and 

24 ‘‘(II) recommendations of, and 

25 best practices standards developed by, 


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1 the public transportation industry; 

2 and 

3 ‘‘(D) a public transportation safety certifi4 cation training program, as described in sub5 section (c). 

6 ‘‘(c) PUBLIC TRANSPORTATION SAFETY CERTIFI7 CATION TRAINING PROGRAM.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish a public transportation safety certification train10 ing program for Federal and State employees, or 

11 other designated personnel, who conduct safety au12 dits and examinations of public transportation sys13 tems and employees of public transportation agen14 cies directly responsible for safety oversight. 

15 ‘‘(2) INTERIM PROVISIONS.—Not later than 90 

16 days after the date of enactment of the Federal 

17 Public Transportation Act of 2012, the Secretary 

18 shall establish interim provisions for the certification 

19 and training of the personnel described in paragraph 

20 (1), which shall be in effect until the effective date 

21 of the final rule issued by the Secretary to imple22 ment this subsection. 

23 ‘‘(d) PUBLIC TRANSPORTATION AGENCY SAFETY

24 PLAN.— 


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1 ‘‘(1) IN GENERAL.—Effective 1 year after the 

2 effective date of a final rule issued by the Secretary 

3 to carry out this subsection, each recipient shall cer4 tify that the recipient has established a comprehen5 sive agency safety plan that includes, at a min6 imum— 

7 ‘‘(A) a requirement that the board of di8 rectors (or equivalent entity) of the recipient 

9 approve the agency safety plan and any updates 

10 to the agency safety plan; 

11 ‘‘(B) methods for identifying and evalu12 ating safety risks throughout all elements of the 

13 public transportation system of the recipient; 

14 ‘‘(C) strategies to minimize the exposure of 

15 the public, personnel, and property to hazards 

16 and unsafe conditions; 

17 ‘‘(D) a process and timeline for conducting 

18 an annual review and update of the safety plan 

19 of the recipient; 

20 ‘‘(E) performance targets based on the 

21 safety performance criteria and state of good 

22 repair standards established under subpara23 graphs (A) and (B), respectively, of subsection 

24 (b)(2); 


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1 ‘‘(F) assignment of an adequately trained 

2 safety officer who reports directly to the general 

3 manager, president, or equivalent officer of the 

4 recipient; and 

5 ‘‘(G) a comprehensive staff training pro6 gram for the operations personnel and per7 sonnel directly responsible for safety of the re8 cipient that includes— 

9 ‘‘(i) the completion of a safety train10 ing program; and 

11 ‘‘(ii) continuing safety education and 

12 training. 

13 ‘‘(2) INTERIM AGENCY SAFETY PLAN.—A sys14 tem safety plan developed pursuant to part 659 of 

15 title 49, Code of Federal Regulations, as in effect on 

16 the date of enactment of the Federal Public Trans17 portation Act of 2012, shall remain in effect until 

18 such time as this subsection takes effect. 

19 ‘‘(e) STATE SAFETY OVERSIGHT PROGRAM.— 

20 ‘‘(1) APPLICABILITY.—This subsection applies 

21 only to eligible States. 

22 ‘‘(2) DEFINITION.—In this subsection, the term 

23 ‘eligible State’ means a State that has— 

24 ‘‘(A) a rail fixed guideway public transpor25 tation system within the jurisdiction of the 


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1 State that is not subject to regulation by the 

2 Federal Railroad Administration; or 

3 ‘‘(B) a rail fixed guideway public transpor4 tation system in the engineering or construction 

5 phase of development within the jurisdiction of 

6 the State that will not be subject to regulation 

7 by the Federal Railroad Administration. 

8 ‘‘(3) IN GENERAL.—In order to obligate funds 

9 apportioned under section 5338 to carry out this 

10 chapter, effective 3 years after the date on which a 

11 final rule under this subsection becomes effective, an 

12 eligible State shall have in effect a State safety over13 sight program approved by the Secretary under 

14 which the State— 

15 ‘‘(A) assumes responsibility for overseeing 

16 rail fixed guideway public transportation safety; 

17 ‘‘(B) adopts and enforces Federal law on 

18 rail fixed guideway public transportation safety; 

19 ‘‘(C) establishes a State safety oversight 

20 agency; 

21 ‘‘(D) determines, in consultation with the 

22 Secretary, an appropriate staffing level for the 

23 State safety oversight agency that is commensu24 rate with the number, size, and complexity of 


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1 the rail fixed guideway public transportation 

2 systems in the eligible State; 

3 ‘‘(E) requires that employees and other 

4 designated personnel of the eligible State safety 

5 oversight agency who are responsible for rail 

6 fixed guideway public transportation safety 

7 oversight are qualified to perform such func8 tions through appropriate training, including 

9 successful completion of the public transpor10 tation safety certification training program es11 tablished under subsection (c); and 

12 ‘‘(F) prohibits any public transportation 

13 agency from providing funds to the State safety 

14 oversight agency or an entity designated by the 

15 eligible State as the State safety oversight 

16 agency under paragraph (4). 

17 ‘‘(4) STATE SAFETY OVERSIGHT AGENCY.— 

18 ‘‘(A) IN GENERAL.—Each State safety 

19 oversight program shall establish a State safety 

20 oversight agency that— 

21 ‘‘(i) is an independent legal entity re22 sponsible for the safety of rail fixed guide23 way public transportation systems; 

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1 tity that the State safety oversight agency 

2 oversees; 

3 ‘‘(iii) does not fund, promote, or pro4 vide public transportation services; 

5 ‘‘(iv) does not employ any individual 

6 who is also responsible for the administra7 tion of public transportation programs; 

8 ‘‘(v) has the authority to review, ap9 prove, oversee, and enforce the implemen10 tation by the rail fixed guideway public 

11 transportation agency of the public trans12 portation agency safety plan required 

13 under subsection (d); 

14 ‘‘(vi) has investigative and enforce15 ment authority with respect to the safety 

16 of rail fixed guideway public transportation 

17 systems of the eligible State; 

18 ‘‘(vii) audits, at least once triennially, 

19 the compliance of the rail fixed guideway 

20 public transportation systems in the eligi21 ble State subject to this subsection with 

22 the public transportation agency safety 

23 plan required under subsection (d); and 

24 ‘‘(viii) provides, at least once annu25 ally, a status report on the safety of the 


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1 rail fixed guideway public transportation 

2 systems the State safety oversight agency 

3 oversees to— 

4 ‘‘(I) the Federal Transit Admin5 istration; 

6 ‘‘(II) the Governor of the eligible 

7 State; and 

8 ‘‘(III) the board of directors, or 

9 equivalent entity, of any rail fixed 

10 guideway public transportation system 

11 that the State safety oversight agency 

12 oversees. 

13 ‘‘(B) WAIVER.—At the request of an eligi14 ble State, the Secretary may waive clauses (i) 

15 and (iii) of subparagraph (A) for eligible States 

16 with 1 or more rail fixed guideway systems in 

17 revenue operations, design, or construction, 

18 that— 

19 ‘‘(i) have fewer than 1,000,000 com20 bined actual and projected rail fixed guide21 way revenue miles per year; or 

22 ‘‘(ii) provide fewer than 10,000,000 

23 combined actual and projected unlinked 

24 passenger trips per year. 


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1 ‘‘(5) ENFORCEMENT.—Each State safety over2 sight agency shall have the authority to request that 

3 the Secretary take enforcement actions available 

4 under subsection (g) against a rail fixed guideway 

5 public transportation system that is not in compli6 ance with Federal safety laws. 

7 ‘‘(6) PROGRAMS FOR MULTI-STATE RAIL FIXED

8 GUIDEWAY PUBLIC TRANSPORTATION SYSTEMS.—An 

9 eligible State that has within the jurisdiction of the 

10 eligible State a rail fixed guideway public transpor11 tation system that operates in more than 1 eligible 

12 State shall— 

13 ‘‘(A) jointly with all other eligible States in 

14 which the rail fixed guideway public transpor15 tation system operates, ensure uniform safety 

16 standards and enforcement procedures that 

17 shall be in compliance with this section, and es18 tablish and implement a State safety oversight 

19 program approved by the Secretary; or 

20 ‘‘(B) jointly with all other eligible States in 

21 which the rail fixed guideway public transpor22 tation system operates, designate an entity hav23 ing characteristics consistent with the charac24 teristics described in paragraph (3) to carry out 


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1 the State safety oversight program approved by 

2 the Secretary. 

3 ‘‘(7) GRANTS.— 

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

5 make a grant to an eligible State to develop or 

6 carry out a State safety oversight program, if 

7 the eligible State submits— 

8 ‘‘(i) a proposal for the establishment 

9 of a State safety oversight program to the 

10 Secretary for review and written approval 

11 before implementing a State safety over12 sight program; and 

13 ‘‘(ii) any amendment to the State 

14 safety oversight program of the eligible 

15 State to the Secretary for review not later 

16 than 60 days before the effective date of 

17 the amendment. 

18 ‘‘(B) DETERMINATION BY SECRETARY.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall transmit written approval to an eligi21 ble State that submits a State safety over22 sight program, if the Secretary determines 

23 the State safety oversight program meets 

24 the requirements of this subsection and the 


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1 State safety oversight program is adequate 

2 to promote the purposes of this section. 

3 ‘‘(ii) AMENDMENT.—The Secretary 

4 shall transmit to an eligible State that sub5 mits an amendment under subparagraph 

6 (A)(ii) a written determination with re7 spect to the amendment. 

8 ‘‘(iii) NO WRITTEN DECISION.—If an 

9 eligible State does not receive a written de10 cision from the Secretary with respect to 

11 an amendment submitted under subpara12 graph (A)(ii) before the end of the 60-day 

13 period beginning on the date on which the 

14 eligible State submits the amendment, the 

15 amendment shall be deemed to be ap16 proved. 

17 ‘‘(iv) DISAPPROVAL.—If the Secretary 

18 determines that a State safety oversight 

19 program does not meet the requirements of 

20 this subsection, the Secretary shall trans21 mit to the eligible State a written expla22 nation and allow the eligible State to mod23 ify and resubmit the State safety oversight 

24 program for approval. 

25 ‘‘(C) GOVERNMENT SHARE.— 


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1 ‘‘(i) IN GENERAL.—The Government 

2 share of the reasonable cost of a State 

3 safety oversight program developed or car4 ried out using a grant under this para5 graph shall be 80 percent. 

6 ‘‘(ii) IN-KIND CONTRIBUTIONS.—Any 

7 calculation of the non-Government share of 

8 a State safety oversight program shall in9 clude in-kind contributions by an eligible 

10 State. 

11 ‘‘(iii) NON-GOVERNMENT SHARE.— 

12 The non-Government share of the cost of 

13 a State safety oversight program developed 

14 or carried out using a grant under this 

15 paragraph may not be met by— 

16 ‘‘(I) any Federal funds; 

17 ‘‘(II) any funds received from a 

18 public transportation agency; or 

19 ‘‘(III) any revenues earned by a 

20 public transportation agency. 

21 ‘‘(iv) SAFETY TRAINING PROGRAM.— 

22 The Secretary may reimburse an eligible 

23 State or a recipient for the full costs of 

24 participation in the public transportation 

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1 lished under subsection (c) by an employee 

2 of a State safety oversight agency or a re3 cipient who is directly responsible for safe4 ty oversight. 

5 ‘‘(8) CONTINUAL EVALUATION OF PROGRAM.— 

6 The Secretary shall continually evaluate the imple7 mentation of a State safety oversight program by a 

8 State safety oversight agency, on the basis of— 

9 ‘‘(A) reports submitted by the State safety 

10 oversight agency under paragraph (4)(A)(viii); 

11 and 

12 ‘‘(B) audits carried out by the Secretary. 

13 ‘‘(9) INADEQUATE PROGRAM.— 

14 ‘‘(A) IN GENERAL.—If the Secretary finds 

15 that a State safety oversight program approved 

16 by the Secretary is not being carried out in ac17 cordance with this section or has become inad18 equate to ensure the enforcement of Federal 

19 safety regulations, the Secretary shall— 

20 ‘‘(i) transmit to the eligible State a 

21 written explanation of the reason the pro22 gram has become inadequate and inform 

23 the State of the intention to withhold 

24 funds, including the amount of funds pro25 posed to be withheld under this section, or 


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1 withdraw approval of the State safety over2 sight program; and 

3 ‘‘(ii) allow the eligible State a reason4 able period of time to modify the State 

5 safety oversight program or implementa6 tion of the program and submit an up7 dated proposal for the State safety over8 sight program to the Secretary for ap9 proval. 

10 ‘‘(B) FAILURE TO CORRECT.—If the Sec11 retary determines that a modification by an eli12 gible State of the State safety oversight pro13 gram is not sufficient to ensure the enforcement 

14 of Federal safety regulations, the Secretary 

15 may— 

16 ‘‘(i) withhold funds available under 

17 this section in an amount determined by 

18 the Secretary; or 

19 ‘‘(ii) provide written notice of with20 drawal of State safety oversight program 

21 approval. 

22 ‘‘(C) TEMPORARY OVERSIGHT.—In the 

23 event the Secretary takes action under subpara24 graph (B)(ii), the Secretary shall provide over25 sight of the rail fixed guideway systems in an 


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1 eligible State until the State submits a State 

2 safety oversight program approved by the Sec3 retary. 

4 ‘‘(D) RESTORATION.— 

5 ‘‘(i) CORRECTION.—The eligible State 

6 shall address any inadequacy to the satis7 faction of the Secretary prior to the Sec8 retary restoring funds withheld under this 

9 paragraph. 

10 ‘‘(ii) AVAILABILITY AND REALLOCA11 TION.—Any funds withheld under this 

12 paragraph shall remain available for res13 toration to the eligible State until the end 

14 of the first fiscal year after the fiscal year 

15 in which the funds were withheld, after 

16 which time the funds shall be available to 

17 the Secretary for allocation to other eligi18 ble States under this section. 

19 ‘‘(10) FEDERAL OVERSIGHT.—The Secretary 

20 shall— 

21 ‘‘(A) oversee the implementation of each 

22 State safety oversight program under this sub23 section; 


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1 ‘‘(B) audit the operations of each State 

2 safety oversight agency at least once triennially; 

3 and 

4 ‘‘(C) issue rules to carry out this sub5 section. 

6 ‘‘(f) AUTHORITY OF SECRETARY.—In carrying out 

7 this section, the Secretary may— 

8 ‘‘(1) conduct inspections, investigations, audits, 

9 examinations, and testing of the equipment, facili10 ties, rolling stock, and operations of the public 

11 transportation system of a recipient; 

12 ‘‘(2) make reports and issue directives with re13 spect to the safety of the public transportation sys14 tem of a recipient; 

15 ‘‘(3) in conjunction with an accident investiga16 tion or an investigation into a pattern or practice of 

17 conduct that negatively affects public safety, issue a 

18 subpoena to, and take the deposition of, any em19 ployee of a recipient or a State safety oversight 

20 agency, if— 

21 ‘‘(A) before the issuance of the subpoena, 

22 the Secretary requests a determination by the 

23 Attorney General of the United States as to 

24 whether the subpoena will interfere with an on25 going criminal investigation; and 


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1 ‘‘(B) the Attorney General— 

2 ‘‘(i) determines that the subpoena will 

3 not interfere with an ongoing criminal in4 vestigation; or 

5 ‘‘(ii) fails to make a determination 

6 under clause (i) before the date that is 30 

7 days after the date on which the Secretary 

8 makes a request under subparagraph (A); 

9 ‘‘(4) require the production of documents by, 

10 and prescribe recordkeeping and reporting require11 ments for, a recipient or a State safety oversight 

12 agency; 

13 ‘‘(5) investigate public transportation accidents 

14 and incidents and provide guidance to recipients re15 garding prevention of accidents and incidents; 

16 ‘‘(6) at reasonable times and in a reasonable 

17 manner, enter and inspect equipment, facilities, roll18 ing stock, operations, and relevant records of the 

19 public transportation system of a recipient; and 

20 ‘‘(7) issue rules to carry out this section. 

21 ‘‘(g) ENFORCEMENT ACTIONS.— 

22 ‘‘(1) TYPES OF ENFORCEMENT ACTIONS.—The 

23 Secretary may take enforcement action against a re24 cipient that does not comply with Federal law with 


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1 respect to the safety of the public transportation 

2 system, including— 

3 ‘‘(A) issuing directives; 

4 ‘‘(B) requiring more frequent oversight of 

5 the recipient by a State safety oversight agency 

6 or the Secretary; 

7 ‘‘(C) imposing more frequent reporting re8 quirements; 

9 ‘‘(D) requiring that any Federal financial 

10 assistance provided under this chapter be spent 

11 on correcting safety deficiencies identified by 

12 the Secretary or the State safety oversight 

13 agency before such funds are spent on other 

14 projects; 

15 ‘‘(E) subject to paragraph (2), withholding 

16 Federal financial assistance, in an amount to be 

17 determined by the Secretary, from the recipient, 

18 until such time as the recipient comes into com19 pliance with this section; and 

20 ‘‘(F) subject to paragraph (3), imposing a 

21 civil penalty, in an amount to be determined by 

22 the Secretary. 

23 ‘‘(2) USE OR WITHHOLDING OF FUNDS.— 

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1 graph (1)(D), or withhold funds under para2 graph (1)(E), only if the Secretary finds that a 

3 recipient is engaged in a pattern or practice of 

4 serious safety violations or has otherwise re5 fused to comply with Federal law relating to the 

6 safety of the public transportation system. 

7 ‘‘(B) NOTICE.—Before withholding funds 

8 from a recipient under paragraph (1)(E), the 

9 Secretary shall provide to the recipient— 

10 ‘‘(i) written notice of a violation and 

11 the amount proposed to be withheld; and 

12 ‘‘(ii) a reasonable period of time with13 in which the recipient may address the vio14 lation or propose and initiate an alter15 native means of compliance that the Sec16 retary determines is acceptable. 

17 ‘‘(C) FAILURE TO ADDRESS.—If the recipi18 ent does not address the violation or propose an 

19 alternative means of compliance that the Sec20 retary determines is acceptable within the pe21 riod of time specified in the written notice, the 

22 Secretary may withhold funds under paragraph 

23 (1)(E). 

24 ‘‘(D) RESTORATION.— 


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1 ‘‘(i) CORRECTION.—The recipient 

2 shall address any violation to the satisfac3 tion of the Secretary prior to the Secretary 

4 restoring funds withheld under paragraph 

5 (1)(E). 

6 ‘‘(ii) AVAILABILITY AND REALLOCA7 TION.—Any funds withheld under para8 graph (1)(E) shall remain available for res9 toration to the recipient until the end of 

10 the first fiscal year after the fiscal year in 

11 which the funds were withheld, after which 

12 time the funds shall be available to the 

13 Secretary for allocation to other eligible re14 cipients. 

15 ‘‘(E) NOTIFICATION.—Not later than 3 

16 days before taking any action under subpara17 graph (C), the Secretary shall notify the Com18 mittee on Banking, Housing, and Urban Affairs 

19 of the Senate and the Committee on Transpor20 tation and Infrastructure of the House of Rep21 resentatives of such action. 

22 ‘‘(3) CIVIL PENALTIES.— 

23 ‘‘(A) IMPOSITION OF CIVIL PENALTIES.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 may impose a civil penalty under para3 graph (1)(F) only if— 

4 ‘‘(I) the Secretary has exhausted 

5 the enforcement actions available 

6 under subparagraphs (A) through (E) 

7 of paragraph (1); and 

8 ‘‘(II) the recipient continues to 

9 be in violation of Federal safety law. 

10 ‘‘(ii) EXCEPTION.—The Secretary 

11 may waive the requirement under clause 

12 (i)(I) if the Secretary determines that such 

13 a waiver is in the public interest. 

14 ‘‘(B) NOTICE.—Before imposing a civil 

15 penalty on a recipient under paragraph (1)(F), 

16 the Secretary shall provide to the recipient— 

17 ‘‘(i) written notice of any violation 

18 and the penalty proposed to be imposed; 

19 and 

20 ‘‘(ii) a reasonable period of time with21 in which the recipient may address the vio22 lation or propose and initiate an alter23 native means of compliance that the Sec24 retary determines is acceptable. 


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1 ‘‘(C) FAILURE TO ADDRESS.—If the recipi2 ent does not address the violation or propose an 

3 alternative means of compliance that the Sec4 retary determines is acceptable within the pe5 riod of time specified in the written notice, the 

6 Secretary may impose a civil penalty under 

7 paragraph (1)(F). 

8 ‘‘(D) NOTIFICATION.—Not later than 3 

9 days before taking any action under subpara10 graph (C), the Secretary shall notify the Com11 mittee on Banking, Housing, and Urban Affairs 

12 of the Senate and the Committee on Transpor13 tation and Infrastructure of the House of Rep14 resentatives of such action. 

15 ‘‘(E) DEPOSIT OF CIVIL PENALTIES.—Any 

16 amounts collected by the Secretary under this 

17 paragraph shall be deposited into the Mass 

18 Transit Account of the Highway Trust Fund. 

19 ‘‘(4) ENFORCEMENT BY THE ATTORNEY GEN20 ERAL.—At the request of the Secretary, the Attor21 ney General may bring a civil action— 

22 ‘‘(A) for appropriate injunctive relief to en23 sure compliance with this section; 

24 ‘‘(B) to collect a civil penalty imposed 

25 under paragraph (1)(F); and 


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1 ‘‘(C) to enforce a subpoena, request for ad2 missions, request for production of documents 

3 or other tangible things, or request for testi4 mony by deposition issued by the Secretary 

5 under this section. 

6 ‘‘(h) COST-BENEFIT ANALYSIS.— 

7 ‘‘(1) ANALYSIS REQUIRED.—In carrying out 

8 this section, the Secretary shall take into consider9 ation the costs and benefits of each action the Sec10 retary proposes to take under this section. 

11 ‘‘(2) WAIVER.—The Secretary may waive the 

12 requirement under this subsection if the Secretary 

13 determines that such a waiver is in the public inter14 est. 

15 ‘‘(i) CONSULTATION BY THE SECRETARY OF HOME16 LAND SECURITY.—The Secretary of Homeland Security 

17 shall consult with the Secretary of Transportation before 

18 the Secretary of Homeland Security issues a rule or order 

19 that the Secretary of Transportation determines affects 

20 the safety of public transportation design, construction, or 

21 operations. 

22 ‘‘(j) PREEMPTION OF STATE LAW.— 

23 ‘‘(1) NATIONAL UNIFORMITY OF REGULA24 TION.—Laws, regulations, and orders related to pubVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 lic transportation safety shall be nationally uniform 

2 to the extent practicable. 

3 ‘‘(2) IN GENERAL.—A State may adopt or con4 tinue in force a law, regulation, or order related to 

5 the safety of public transportation until the Sec6 retary issues a rule or order covering the subject 

7 matter of the State requirement. 

8 ‘‘(3) MORE STRINGENT LAW.—A State may 

9 adopt or continue in force a law, regulation, or order 

10 related to the safety of public transportation that is 

11 consistent with, in addition to, or more stringent 

12 than a regulation or order of the Secretary if the 

13 Secretary determines that the law, regulation, or 

14 order— 

15 ‘‘(A) has a safety benefit; 

16 ‘‘(B) is not incompatible with a law, regu17 lation, or order, or the terms and conditions of 

18 a financial assistance agreement of the United 

19 States Government; and 

20 ‘‘(C) does not unreasonably burden inter21 state commerce. 

22 ‘‘(4) ACTIONS UNDER STATE LAW.— 

23 ‘‘(A) RULE OF CONSTRUCTION.—Nothing 

24 in this section shall be construed to preempt an 

25 action under State law seeking damages for 


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1 personal injury, death, or property damage al2 leging that a party has failed to comply with— 

3 ‘‘(i) a Federal standard of care estab4 lished by a regulation or order issued by 

5 the Secretary under this section; 

6 ‘‘(ii) its own program, rule, or stand7 ard that it created pursuant to a rule or 

8 order issued by the Secretary; or 

9 ‘‘(iii) a State law, regulation, or order 

10 that is not incompatible with paragraph 

11 (2). 

12 ‘‘(B) EFFECTIVE DATE.—This paragraph 

13 shall apply to any cause of action under State 

14 law arising from an event or activity occurring 

15 on or after the date of enactment of the Fed16 eral Public Transportation Act of 2012. 

17 ‘‘(5) JURISDICTION.—Nothing in this section 

18 shall be construed to create a cause of action under 

19 Federal law on behalf of an injured party or confer 

20 Federal question jurisdiction for a State law cause 

21 of action. 

22 ‘‘(k) ANNUAL REPORT.—The Secretary shall submit 

23 to the Committee on Banking, Housing, and Urban Af24 fairs of the Senate and the Committee on Transportation 


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1 and Infrastructure of the House of Representatives an an2 nual report that— 

3 ‘‘(1) analyzes public transportation safety 

4 trends among the States and documents the most ef5 fective safety programs implemented using grants 

6 under this section; and 

7 ‘‘(2) describes the effect on public transpor8 tation safety of activities carried out using grants 

9 under this section.’’. 

10 (b) BUS SAFETY STUDY.— 

11 (1) DEFINITION.—In this subsection, the term 

12 ‘‘highway route’’ means a route where 50 percent or 

13 more of the route is on roads having a speed limit 

14 of more than 45 miles per hour. 

15 (2) STUDY.—Not later than 180 days after the 

16 date of enactment of this Act, the Secretary of 

17 Transportation shall submit to the Committee on 

18 Banking, Housing, and Urban Affairs of the Senate 

19 and the Committee on Transportation and Infra20 structure of the House of Representatives a report 

21 that— 

22 (A) examines the safety of public transpor23 tation buses that travel on highway routes; 

24 (B) examines laws and regulations that 

25 apply to commercial over-the-road buses; and 


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1 (C) makes recommendations as to whether 

2 additional safety measures should be required 

3 for public transportation buses that travel on 

4 highway routes. 

5 SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES 

6 TESTING. 

7 Section 5331(b)(2) of title 49, United States Code, 

8 is amended— 

9 (1) by redesignating subparagraphs (A) and 

10 (B) as subparagraphs (B) and (C), respectively; and 

11 (2) by inserting before subparagraph (B), as so 

12 redesignated, the following: 

13 ‘‘(A) shall establish and implement an enforce14 ment program that includes the imposition of pen15 alties for failure to comply with this section;’’. 

16 SEC. 20023. NONDISCRIMINATION. 

17 (a) AMENDMENTS.—Section 5332 of title 49, United 

18 States Code, is amended— 

19 (1) in subsection (b)— 

20 (A) by striking ‘‘creed’’ and inserting ‘‘reli21 gion’’; and 

22 (B) by inserting ‘‘disability,’’ after ‘‘sex,’’; 

23 and 

24 (2) in subsection (d)(3), by striking ‘‘and’’ and 

25 inserting ‘‘or’’. 


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1 (b) EVALUATION AND REPORT.— 

2 (1) EVALUATION.—The Comptroller General of 

3 the United States shall evaluate the progress and ef4 fectiveness of the Federal Transit Administration in 

5 assisting recipients of assistance under chapter 53 of 

6 title 49, United States Code, to comply with section 

7 5332(b) of title 49, including— 

8 (A) by reviewing discrimination complaints, 

9 reports, and other relevant information collected 

10 or prepared by the Federal Transit Administra11 tion or recipients of assistance from the Federal 

12 Transit Administration pursuant to any appli13 cable civil rights statute, regulation, or other re14 quirement; and 

15 (B) by reviewing the process that the Fed16 eral Transit Administration uses to resolve dis17 crimination complaints filed by members of the 

18 public. 

19 (2) REPORT.—Not later than 1 year after the 

20 date of enactment of this Act, the Comptroller Gen21 eral shall submit to the Committee on Banking, 

22 Housing, and Urban Affairs of the Senate and the 

23 Committee on Transportation and Infrastructure of 

24 the House of Representatives a report concerning 

25 the evaluation under paragraph (1) that includes— 


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1 (A) a description of the ability of the Fed2 eral Transit Administration to address discrimi3 nation and foster equal opportunities in feder4 ally funded public transportation projects, pro5 grams, and activities; 

6 (B) recommendations for improvements if 

7 the Comptroller General determines that im8 provements are necessary; and 

9 (C) information upon which the evaluation 

10 under paragraph (1) is based. 

11 SEC. 20024. LABOR STANDARDS. 

12 Section 5333(b) of title 49, United States Code, is 

13 amended— 

14 (1) in paragraph (1), by striking ‘‘sections 

15 5307–5312, 5316, 5318, 5323(a)(1), 5323(b), 

16 5323(d), 5328, 5337, and 5338(b)’’ each place that 

17 term appears and inserting ‘‘sections 5307, 5308, 

18 5309, 5311, and 5337’’; and 

19 (2) in paragraph (5), by inserting ‘‘of Labor’’ 

20 after ‘‘Secretary’’. 

21 SEC. 20025. ADMINISTRATIVE PROVISIONS. 

22 Section 5334 of title 49, United States Code, is 

23 amended— 

24 (1) in subsection (a)(1), by striking ‘‘under sec25 tions 5307 and 5309–5311 of this title’’ and insertVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ing ‘‘that receives Federal financial assistance under 

2 this chapter’’; 

3 (2) in subsection (b)(1)— 

4 (A) by inserting after ‘‘emergency,’’ the 

5 following: ‘‘or for purposes of establishing and 

6 enforcing a program to improve the safety of 

7 public transportation systems in the United 

8 States,’’; and 

9 (B) by striking ‘‘chapter, nor may the Sec10 retary’’ and inserting ‘‘chapter. The Secretary 

11 may not’’; 

12 (3) in subsection (c)(4), by striking ‘‘section 

13 (except subsection (i)) and sections 5318(e), 

14 5323(a)(2), 5325(a), 5325(b), and 5325(f)’’ and in15 serting ‘‘subsection’’; 

16 (4) in subsection (h)(3), by striking ‘‘another’’ 

17 and inserting ‘‘any other’’; 

18 (5) in subsection (i)(1), by striking ‘‘title 23 

19 shall’’ and inserting ‘‘title 23 may’’; 

20 (6) by striking subsection (j); and 

21 (7) by redesignating subsections (k) and (l) as 

22 subsections (j) and (k), respectively. 

23 SEC. 20026. NATIONAL TRANSIT DATABASE. 

24 Section 5335 of title 49, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(c) DATA REQUIRED TO BE REPORTED.—The re2 cipient of a grant under this chapter shall report to the 

3 Secretary, for inclusion in the National Transit Database, 

4 any information relating to— 

5 ‘‘(1) the causes of a reportable incident, as de6 fined by the Secretary; and 

7 ‘‘(2) a transit asset inventory or condition as8 sessment conducted by the recipient.’’. 

9 SEC. 20027. APPORTIONMENT OF APPROPRIATIONS FOR 

10 FORMULA GRANTS. 

11 Section 5336 of title 49, United States Code, is 

12 amended to read as follows: 

13 ‘‘§ 5336. Apportionment of appropriations for formula 

14 grants 

15 ‘‘(a) BASED ON URBANIZED AREA POPULATION.— 

16 Of the amount apportioned under subsection (h)(4) to 

17 carry out section 5307— 

18 ‘‘(1) 9.32 percent shall be apportioned each fis19 cal year only in urbanized areas with a population 

20 of less than 200,000 so that each of those areas is 

21 entitled to receive an amount equal to— 

22 ‘‘(A) 50 percent of the total amount appor23 tioned multiplied by a ratio equal to the popu24 lation of the area divided by the total popu25 lation of all urbanized areas with populations of 


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1 less than 200,000 as shown in the most recent 

2 decennial census; and 

3 ‘‘(B) 50 percent of the total amount appor4 tioned multiplied by a ratio for the area based 

5 on population weighted by a factor, established 

6 by the Secretary, of the number of inhabitants 

7 in each square mile; and 

8 ‘‘(2) 90.68 percent shall be apportioned each 

9 fiscal year only in urbanized areas with populations 

10 of at least 200,000 as provided in subsections (b) 

11 and (c) of this section. 

12 ‘‘(b) BASED ON FIXED GUIDEWAY VEHICLE REV13 ENUE MILES, DIRECTIONAL ROUTE MILES, AND PAS14 SENGER MILES.—(1) In this subsection, ‘fixed guideway 

15 vehicle revenue miles’ and ‘fixed guideway directional 

16 route miles’ include passenger ferry operations directly or 

17 under contract by the designated recipient. 

18 ‘‘(2) Of the amount apportioned under subsection 

19 (a)(2) of this section, 33.29 percent shall be apportioned 

20 as follows: 

21 ‘‘(A) 95.61 percent of the total amount appor22 tioned under this subsection shall be apportioned so 

23 that each urbanized area with a population of at 

24 least 200,000 is entitled to receive an amount equal 

25 to— 


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1 ‘‘(i) 60 percent of the 95.61 percent appor2 tioned under this subparagraph multiplied by a 

3 ratio equal to the number of fixed guideway ve4 hicle revenue miles attributable to the area, as 

5 established by the Secretary, divided by the 

6 total number of all fixed guideway vehicle rev7 enue miles attributable to all areas; and 

8 ‘‘(ii) 40 percent of the 95.61 percent ap9 portioned under this subparagraph multiplied 

10 by a ratio equal to the number of fixed guide11 way directional route miles attributable to the 

12 area, established by the Secretary, divided by 

13 the total number of all fixed guideway direc14 tional route miles attributable to all areas. 

15 An urbanized area with a population of at least 

16 750,000 in which commuter rail transportation is 

17 provided shall receive at least .75 percent of the 

18 total amount apportioned under this subparagraph. 

19 ‘‘(B) 4.39 percent of the total amount appor20 tioned under this subsection shall be apportioned so 

21 that each urbanized area with a population of at 

22 least 200,000 is entitled to receive an amount equal 

23 to— 

24 ‘‘(i) the number of fixed guideway vehicle 

25 passenger miles traveled multiplied by the numVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ber of fixed guideway vehicle passenger miles 

2 traveled for each dollar of operating cost in an 

3 area; divided by 

4 ‘‘(ii) the total number of fixed guideway 

5 vehicle passenger miles traveled multiplied by 

6 the total number of fixed guideway vehicle pas7 senger miles traveled for each dollar of oper8 ating cost in all areas. 

9 An urbanized area with a population of at least 

10 750,000 in which commuter rail transportation is 

11 provided shall receive at least .75 percent of the 

12 total amount apportioned under this subparagraph. 

13 ‘‘(C) Under subparagraph (A) of this para14 graph, fixed guideway vehicle revenue or directional 

15 route miles, and passengers served on those miles, in 

16 an urbanized area with a population of less than 

17 200,000, where the miles and passengers served oth18 erwise would be attributable to an urbanized area 

19 with a population of at least 1,000,000 in an adja20 cent State, are attributable to the governmental au21 thority in the State in which the urbanized area with 

22 a population of less than 200,000 is located. The au23 thority is deemed an urbanized area with a popu24 lation of at least 200,000 if the authority makes a 

25 contract for the service. 


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1 ‘‘(D) A recipient’s apportionment under sub2 paragraph (A)(i) of this paragraph may not be re3 duced if the recipient, after satisfying the Secretary 

4 that energy or operating efficiencies would be 

5 achieved, reduces vehicle revenue miles but provides 

6 the same frequency of revenue service to the same 

7 number of riders. 

8 ‘‘(c) BASED ON BUS VEHICLE REVENUE MILES AND

9 PASSENGER MILES.—Of the amount apportioned under 

10 subsection (a)(2) of this section, 66.71 percent shall be 

11 apportioned as follows: 

12 ‘‘(1) 90.8 percent of the total amount appor13 tioned under this subsection shall be apportioned as 

14 follows: 

15 ‘‘(A) 73.39 percent of the 90.8 percent ap16 portioned under this paragraph shall be appor17 tioned so that each urbanized area with a popu18 lation of at least 1,000,000 is entitled to receive 

19 an amount equal to— 

20 ‘‘(i) 50 percent of the 73.39 percent 

21 apportioned under this subparagraph mul22 tiplied by a ratio equal to the total bus ve23 hicle revenue miles operated in or directly 

24 serving the urbanized area divided by the 


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1 total bus vehicle revenue miles attributable 

2 to all areas; 

3 ‘‘(ii) 25 percent of the 73.39 percent 

4 apportioned under this subparagraph mul5 tiplied by a ratio equal to the population of 

6 the area divided by the total population of 

7 all areas, as shown in the most recent de8 cennial census; and 

9 ‘‘(iii) 25 percent of the 73.39 percent 

10 apportioned under this subparagraph mul11 tiplied by a ratio for the area based on 

12 population weighted by a factor, estab13 lished by the Secretary, of the number of 

14 inhabitants in each square mile. 

15 ‘‘(B) 26.61 percent of the 90.8 percent ap16 portioned under this paragraph shall be appor17 tioned so that each urbanized area with a popu18 lation of at least 200,000 but not more than 

19 999,999 is entitled to receive an amount equal 

20 to— 

21 ‘‘(i) 50 percent of the 26.61 percent 

22 apportioned under this subparagraph mul23 tiplied by a ratio equal to the total bus ve24 hicle revenue miles operated in or directly 

25 serving the urbanized area divided by the 


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1 total bus vehicle revenue miles attributable 

2 to all areas; 

3 ‘‘(ii) 25 percent of the 26.61 percent 

4 apportioned under this subparagraph mul5 tiplied by a ratio equal to the population of 

6 the area divided by the total population of 

7 all areas, as shown by the most recent de8 cennial census; and 

9 ‘‘(iii) 25 percent of the 26.61 percent 

10 apportioned under this subparagraph mul11 tiplied by a ratio for the area based on 

12 population weighted by a factor, estab13 lished by the Secretary, of the number of 

14 inhabitants in each square mile. 

15 ‘‘(2) 9.2 percent of the total amount appor16 tioned under this subsection shall be apportioned so 

17 that each urbanized area with a population of at 

18 least 200,000 is entitled to receive an amount equal 

19 to— 

20 ‘‘(A) the number of bus passenger miles 

21 traveled multiplied by the number of bus pas22 senger miles traveled for each dollar of oper23 ating cost in an area; divided by 

24 ‘‘(B) the total number of bus passenger 

25 miles traveled multiplied by the total number of 


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1 bus passenger miles traveled for each dollar of 

2 operating cost in all areas. 

3 ‘‘(d) DATE OF APPORTIONMENT.—The Secretary 

4 shall— 

5 ‘‘(1) apportion amounts appropriated under sec6 tion 5338(a)(2)(C) of this title to carry out section 

7 5307 of this title not later than the 10th day after 

8 the date the amounts are appropriated or October 1 

9 of the fiscal year for which the amounts are appro10 priated, whichever is later; and 

11 ‘‘(2) publish apportionments of the amounts, in12 cluding amounts attributable to each urbanized area 

13 with a population of more than 50,000 and amounts 

14 attributable to each State of a multistate urbanized 

15 area, on the apportionment date. 

16 ‘‘(e) AMOUNTS NOT APPORTIONED TO DESIGNATED

17 RECIPIENTS.—The Governor of a State may expend in an 

18 urbanized area with a population of less than 200,000 an 

19 amount apportioned under this section that is not appor20 tioned to a designated recipient, as defined in section 

21 5302(4). 

22 ‘‘(f) TRANSFERS OF APPORTIONMENTS.—(1) The 

23 Governor of a State may transfer any part of the State’s 

24 apportionment under subsection (a)(1) of this section to 

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1 tion 5311(c)(3). The Governor may make a transfer only 

2 after consulting with responsible local officials and pub3 licly owned operators of public transportation in each area 

4 for which the amount originally was apportioned under 

5 this section. 

6 ‘‘(2) The Governor of a State may transfer any part 

7 of the State’s apportionment under section 5311(c)(3) to 

8 supplement amounts apportioned to the State under sub9 section (a)(1) of this section. 

10 ‘‘(3) The Governor of a State may use throughout 

11 the State amounts of a State’s apportionment remaining 

12 available for obligation at the beginning of the 90-day pe13 riod before the period of the availability of the amounts 

14 expires. 

15 ‘‘(4) A designated recipient for an urbanized area 

16 with a population of at least 200,000 may transfer a part 

17 of its apportionment under this section to the Governor 

18 of a State. The Governor shall distribute the transferred 

19 amounts to urbanized areas under this section. 

20 ‘‘(5) Capital and operating assistance limitations ap21 plicable to the original apportionment apply to amounts 

22 transferred under this subsection. 

23 ‘‘(g) PERIOD OF AVAILABILITY TO RECIPIENTS.—An 

24 amount apportioned under this section may be obligated 

25 by the recipient for 5 years after the fiscal year in which 


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1 the amount is apportioned. Not later than 30 days after 

2 the end of the 5-year period, an amount that is not obli3 gated at the end of that period shall be added to the 

4 amount that may be apportioned under this section in the 

5 next fiscal year. 

6 ‘‘(h) APPORTIONMENTS.—Of the amounts made 

7 available for each fiscal year under section 

8 5338(a)(2)(C)— 

9 ‘‘(1) $35,000,000 shall be set aside to carry out 

10 section 5307(i); 

11 ‘‘(2) 3.07 percent shall be apportioned to ur12 banized areas in accordance with subsection (j); 

13 ‘‘(3) of amounts not apportioned under para14 graphs (1) and (2), 1 percent shall be apportioned 

15 to urbanized areas with populations of less than 

16 200,000 in accordance with subsection (i); and 

17 ‘‘(4) any amount not apportioned under para18 graphs (1), (2), and (3) shall be apportioned to ur19 banized areas in accordance with subsections (a) 

20 through (c). 

21 ‘‘(i) SMALL TRANSIT INTENSIVE CITIES FOR22 MULA.— 

23 ‘‘(1) DEFINITIONS.—In this subsection, the fol24 lowing definitions apply: 


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1 ‘‘(A) ELIGIBLE AREA.—The term ‘eligible 

2 area’ means an urbanized area with a popu3 lation of less than 200,000 that meets or ex4 ceeds in one or more performance categories the 

5 industry average for all urbanized areas with a 

6 population of at least 200,000 but not more 

7 than 999,999, as determined by the Secretary 

8 in accordance with subsection (c)(2). 

9 ‘‘(B) PERFORMANCE CATEGORY.—The 

10 term ‘performance category’ means each of the 

11 following: 

12 ‘‘(i) Passenger miles traveled per vehi13 cle revenue mile. 

14 ‘‘(ii) Passenger miles traveled per ve15 hicle revenue hour. 

16 ‘‘(iii) Vehicle revenue miles per capita. 

17 ‘‘(iv) Vehicle revenue hours per capita. 

18 ‘‘(v) Passenger miles traveled per cap19 ita. 

20 ‘‘(vi) Passengers per capita. 

21 ‘‘(2) APPORTIONMENT.— 

22 ‘‘(A) APPORTIONMENT FORMULA.—The 

23 amount to be apportioned under subsection 

24 (h)(3) shall be apportioned among eligible areas 

25 in the ratio that— 


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1 ‘‘(i) the number of performance cat2 egories for which each eligible area meets 

3 or exceeds the industry average in urban4 ized areas with a population of at least 

5 200,000 but not more than 999,999; bears 

6 to 

7 ‘‘(ii) the aggregate number of per8 formance categories for which all eligible 

9 areas meet or exceed the industry average 

10 in urbanized areas with a population of at 

11 least 200,000 but not more than 999,999. 

12 ‘‘(B) DATA USED IN FORMULA.—The Sec13 retary shall calculate apportionments under this 

14 subsection for a fiscal year using data from the 

15 national transit database used to calculate ap16 portionments for that fiscal year under this sec17 tion. 

18 ‘‘(j) APPORTIONMENT FORMULA.—The amounts ap19 portioned under subsection (h)(2) shall be apportioned 

20 among urbanized areas as follows: 

21 ‘‘(1) 75 percent of the funds shall be appor22 tioned among designated recipients for urbanized 

23 areas with a population of 200,000 or more in the 

24 ratio that— 


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1 ‘‘(A) the number of eligible low-income in2 dividuals in each such urbanized area; bears to 

3 ‘‘(B) the number of eligible low-income in4 dividuals in all such urbanized areas. 

5 ‘‘(2) 25 percent of the funds shall be appor6 tioned among designated recipients for urbanized 

7 areas with a population of less than 200,000 in the 

8 ratio that— 

9 ‘‘(A) the number of eligible low-income in10 dividuals in each such urbanized area; bears to 

11 ‘‘(B) the number of eligible low-income in12 dividuals in all such urbanized areas.’’. 

13 SEC. 20028. STATE OF GOOD REPAIR GRANTS. 

14 Section 5337 of title 49, United States Code, is 

15 amended to read as follows: 

16 ‘‘§ 5337. State of good repair grants 

17 ‘‘(a) DEFINITIONS.—In this section, the following 

18 definitions shall apply: 

19 ‘‘(1) FIXED GUIDEWAY.—The term ‘fixed 

20 guideway’ means a public transportation facility— 

21 ‘‘(A) using and occupying a separate right22 of-way for the exclusive use of public transpor23 tation; 

24 ‘‘(B) using rail; 

25 ‘‘(C) using a fixed catenary system; 


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1 ‘‘(D) for a passenger ferry system; or 

2 ‘‘(E) for a bus rapid transit system. 

3 ‘‘(2) STATE.—The term ‘State’ means the 50 

4 States, the District of Columbia, and Puerto Rico. 

5 ‘‘(3) STATE OF GOOD REPAIR.—The term ‘state 

6 of good repair’ has the meaning given that term by 

7 the Secretary, by rule, under section 5326(b). 

8 ‘‘(4) TRANSIT ASSET MANAGEMENT PLAN.— 

9 The term ‘transit asset management plan’ means a 

10 plan developed by a recipient of funding under this 

11 chapter that— 

12 ‘‘(A) includes, at a minimum, capital asset 

13 inventories and condition assessments, decision 

14 support tools, and investment prioritization; 

15 and 

16 ‘‘(B) the recipient certifies that the recipi17 ent complies with the rule issued under section 

18 5326(d). 

19 ‘‘(b) GENERAL AUTHORITY.— 

20 ‘‘(1) ELIGIBLE PROJECTS.—The Secretary may 

21 make grants under this section to assist State and 

22 local governmental authorities in financing capital 

23 projects to maintain public transportation systems in 

24 a state of good repair, including projects to replace 

25 and rehabilitate— 


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1 ‘‘(A) rolling stock; 

2 ‘‘(B) track; 

3 ‘‘(C) line equipment and structures; 

4 ‘‘(D) signals and communications; 

5 ‘‘(E) power equipment and substations; 

6 ‘‘(F) passenger stations and terminals; 

7 ‘‘(G) security equipment and systems; 

8 ‘‘(H) maintenance facilities and equipment; 

9 ‘‘(I) operational support equipment, includ10 ing computer hardware and software; 

11 ‘‘(J) development and implementation of a 

12 transit asset management plan; and 

13 ‘‘(K) other replacement and rehabilitation 

14 projects the Secretary determines appropriate. 

15 ‘‘(2) INCLUSION IN PLAN.—A recipient shall in16 clude a project carried out under paragraph (1) in 

17 the transit asset management plan of the recipient 

18 upon completion of the plan. 

19 ‘‘(c) HIGH INTENSITY FIXED GUIDEWAY STATE OF

20 GOOD REPAIR FORMULA.— 

21 ‘‘(1) IN GENERAL.—Of the amount authorized 

22 or made available under section 5338(a)(2)(M), 

23 $1,874,763,500 shall be apportioned to recipients in 

24 accordance with this subsection. 

25 ‘‘(2) AREA SHARE.— 


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1 ‘‘(A) IN GENERAL.—50 percent of the 

2 amount described in paragraph (1) shall be ap3 portioned for fixed guideway systems in accord4 ance with this paragraph. 

5 ‘‘(B) SHARE.—A recipient shall receive an 

6 amount equal to the amount described in sub7 paragraph (A), multiplied by the amount the 

8 recipient would have received under this section, 

9 as in effect for fiscal year 2011, if the amount 

10 had been calculated in accordance with section 

11 5336(b)(1) and using the definition of the term 

12 ‘fixed guideway’ under subsection (a) of this 

13 section, as such sections are in effect on the 

14 day after the date of enactment of the Federal 

15 Public Transportation Act of 2012, and divided 

16 by the total amount apportioned for all areas 

17 under this section for fiscal year 2011. 

18 ‘‘(C) RECIPIENT.—For purposes of this 

19 paragraph, the term ‘recipient’ means an entity 

20 that received funding under this section, as in 

21 effect for fiscal year 2011. 

22 ‘‘(3) VEHICLE REVENUE MILES AND DIREC23 TIONAL ROUTE MILES.— 

24 ‘‘(A) IN GENERAL.—50 percent of the 

25 amount described in paragraph (1) shall be apVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00929 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 portioned to recipients in accordance with this 

2 paragraph. 

3 ‘‘(B) VEHICLE REVENUE MILES.—A recipi4 ent in an urbanized area shall receive an 

5 amount equal to 60 percent of the amount de6 scribed in subparagraph (A), multiplied by the 

7 number of fixed guideway vehicle revenue miles 

8 attributable to the urbanized area, as estab9 lished by the Secretary, divided by the total 

10 number of all fixed guideway vehicle revenue 

11 miles attributable to all urbanized areas. 

12 ‘‘(C) DIRECTIONAL ROUTE MILES.—A re13 cipient in an urbanized area shall receive an 

14 amount equal to 40 percent of the amount de15 scribed in subparagraph (A), multiplied by the 

16 number of fixed guideway directional route 

17 miles attributable to the urbanized area, as es18 tablished by the Secretary, divided by the total 

19 number of all fixed guideway directional route 

20 miles attributable to all urbanized areas. 

21 ‘‘(4) LIMITATION.— 

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

23 subparagraph (B), the share of the total 

24 amount apportioned under this section that is 

25 apportioned to an area under this subsection 


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1 shall not decrease by more than 0.25 percent2 age points compared to the share apportioned 

3 to the area under this subsection in the pre4 vious fiscal year. 

5 ‘‘(B) SPECIAL RULE FOR FISCAL YEAR

6 2012.—In fiscal year 2012, the share of the 

7 total amount apportioned under this section 

8 that is apportioned to an area under this sub9 section shall not decrease by more than 0.25 

10 percentage points compared to the share that 

11 would have been apportioned to the area under 

12 this section, as in effect for fiscal year 2011, if 

13 the share had been calculated using the defini14 tion of the term ‘fixed guideway’ under sub15 section (a) of this section, as in effect on the 

16 day after the date of enactment of the Federal 

17 Public Transportation Act of 2012. 

18 ‘‘(5) USE OF FUNDS.—Amounts made available 

19 under this subsection shall be available for the exclu20 sive use of fixed guideway projects. 

21 ‘‘(6) RECEIVING APPORTIONMENT.— 

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

23 subparagraph (B), for an area with a fixed 

24 guideway system, the amounts provided under 

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1 ignated recipient for the urbanized area in 

2 which the system operates. 

3 ‘‘(B) EXCEPTION.—An area described in 

4 the amendment made by section 3028(a) of the 

5 Transportation Equity Act for the 21st Century 

6 (Public Law 105–178; 112 Stat. 366) shall re7 ceive an individual apportionment under this 

8 subsection. 

9 ‘‘(7) APPORTIONMENT REQUIREMENTS.—For 

10 purposes of determining the number of fixed guide11 way vehicle revenue miles or fixed guideway direc12 tional route miles attributable to an urbanized area 

13 for a fiscal year under this subsection, only segments 

14 of fixed guideway systems placed in revenue service 

15 not later than 7 years before the first day of the fis16 cal year shall be deemed to be attributable to an ur17 banized area. 

18 ‘‘(d) FIXED GUIDEWAY STATE OF GOOD REPAIR

19 GRANT PROGRAM.— 

20 ‘‘(1) IN GENERAL.—The Secretary may make 

21 grants under this section to assist State and local 

22 governmental authorities in financing fixed guideway 

23 capital projects to maintain public transportation 

24 systems in a state of good repair. 


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1 ‘‘(2) COMPETITIVE PROCESS.—The Secretary 

2 shall solicit grant applications and make grants for 

3 eligible projects on a competitive basis. 

4 ‘‘(3) PRIORITY CONSIDERATION.—In making 

5 grants under this subsection, the Secretary shall give 

6 priority to grant applications received from recipi7 ents receiving an amount under this section that is 

8 not less than 2 percent less than the amount the re9 cipient would have received under this section, as in 

10 effect for fiscal year 2011, if the amount had been 

11 calculated using the definition of the term ‘fixed 

12 guideway’ under subsection (a) of this section, as in 

13 effect on the day after the date of enactment of the 

14 Federal Public Transportation Act of 2012. 

15 ‘‘(e) HIGH INTENSITY MOTORBUS STATE OF GOOD

16 REPAIR.— 

17 ‘‘(1) DEFINITION.—For purposes of this sub18 section, the term ‘high intensity motorbus’ means 

19 public transportation that is provided on a facility 

20 with access for other high-occupancy vehicles. 

21 ‘‘(2) APPORTIONMENT.—Of the amount author22 ized or made available under section 5338(a)(2)(M), 

23 $112,500,000 shall be apportioned to urbanized 

24 areas for high intensity motorbus state of good re25 pair in accordance with this subsection. 


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1 ‘‘(3) VEHICLE REVENUE MILES AND DIREC2 TIONAL ROUTE MILES.— 

3 ‘‘(A) IN GENERAL.—$60,000,000 of the 

4 amount described in paragraph (2) shall be ap5 portioned to each area in accordance with this 

6 paragraph. 

7 ‘‘(B) VEHICLE REVENUE MILES.—Each 

8 area shall receive an amount equal to 60 per9 cent of the amount described in subparagraph 

10 (A), multiplied by the number of high intensity 

11 motorbus vehicle revenue miles attributable to 

12 the area, as established by the Secretary, di13 vided by the total number of all high intensity 

14 motorbus vehicle revenue miles attributable to 

15 all areas. 

16 ‘‘(C) DIRECTIONAL ROUTE MILES.—Each 

17 area shall receive an amount equal to 40 per18 cent of the amount described in subparagraph 

19 (A), multiplied by the number of high intensity 

20 motorbus directional route miles attributable to 

21 the area, as established by the Secretary, di22 vided by the total number of all high intensity 

23 motorbus directional route miles attributable to 

24 all areas. 


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1 ‘‘(4) SPECIAL RULE FOR HIGH INTENSITY

2 MOTORBUS.— 

3 ‘‘(A) IN GENERAL.—$52,500,000 of the 

4 amount described in paragraph (2) shall be ap5 portioned— 

6 ‘‘(i) in accordance with this para7 graph; and 

8 ‘‘(ii) among urbanized areas within a 

9 State in the same proportion as funds are 

10 apportioned within a State under section 

11 5336, except subsection (b), and shall be 

12 added to such amounts. 

13 ‘‘(B) TERRITORIES.—Of the amount de14 scribed in subparagraph (A), $500,000 shall be 

15 distributed among the territories, as determined 

16 by the Secretary. 

17 ‘‘(C) STATES.—Of the amount described in 

18 subparagraph (A), each State shall receive 

19 $1,000,000. 

20 ‘‘(5) USE OF FUNDS.—A recipient may transfer 

21 any part of the apportionment under this subsection 

22 for use under subsection (c). 

23 ‘‘(6) APPORTIONMENT REQUIREMENTS.—For 

24 purposes of determining the number of high inten25 sity motorbus vehicle revenue miles or high intensity 


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1 motorbus directional route miles attributable to an 

2 urbanized area for a fiscal year under this sub3 section, only segments of high intensity motorbus 

4 systems placed in revenue service not later than 7 

5 years before the first day of the fiscal year shall be 

6 deemed to be attributable to an urbanized area. 

7 ‘‘(f) BUS AND BUS FACILITIES STATE OF GOOD RE8 PAIR GRANT PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary may make 

10 grants under this subsection to assist State and local 

11 governmental authorities in financing bus and bus 

12 facility capital projects to maintain public transpor13 tation systems in a state of good repair. 

14 ‘‘(2) COMPETITIVE PROCESS.—The Secretary 

15 shall solicit grant applications and make grants for 

16 capital projects on a competitive basis. 

17 ‘‘(3) DISTRIBUTION.—The Secretary shall en18 sure that not less than 40 percent of the funds allo19 cated on a competitive basis are distributed to rural 

20 areas. 

21 ‘‘(4) PRIORITY CONSIDERATION.—In making 

22 grants under this subsection, the Secretary shall give 

23 priority to recipients providing bus-only or high-in24 tensity motorbus service (as defined in subsection 

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1 ment from section 5338(a) in fiscal year 2012 minus 

2 the recipients’ total apportionment from section 

3 5338(a) in fiscal year 2011 does not exceed 90 per4 cent of the average annual amount the recipients in 

5 the State received under section 5309(m)(2)(c), as 

6 in effect on October 1, 2011, in fiscal years 2006 

7 through 2011.’’. 

8 SEC. 20029. AUTHORIZATIONS. 

9 Section 5338 of title 49, United States Code, is 

10 amended to read as follows: 

11 ‘‘§ 5338. Authorizations 

12 ‘‘(a) FORMULA GRANTS.— 

13 ‘‘(1) IN GENERAL.—There shall be available 

14 from the Mass Transit Account of the Highway 

15 Trust Fund to carry out sections 5305, 5307, 5308, 

16 5310, 5311, 5312, 5313, 5314, 5315, 5322, 5335, 

17 and 5340, subsections (c) and (e) of section 5337, 

18 and section 20005(b) of the Federal Public Trans19 portation Act of 2012, $8,360,565,000 for each of 

20 fiscal years 2012 and 2013. 

21 ‘‘(2) ALLOCATION OF FUNDS.—Of the amounts 

22 made available under paragraph (1)— 

23 ‘‘(A) $124,850,000 for each of fiscal years 

24 2012 and 2013 shall be available to carry out 

25 section 5305; 


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1 ‘‘(B) $20,000,000 for each of fiscal years 

2 2012 and 2013 shall be available to carry out 

3 section 20005(b) of the Federal Public Trans4 portation Act of 2012; 

5 ‘‘(C) $4,756,161,500 for each of fiscal 

6 years 2012 and 2013 shall be allocated in ac7 cordance with section 5336 to provide financial 

8 assistance for urbanized areas under section 

9 5307; 

10 ‘‘(D) $65,150,000 for each of fiscal years 

11 2012 and 2013 shall be available to carry out 

12 section 5308, of which not less than $8,500,000 

13 shall be used to carry out activities under sec14 tion 5312; 

15 ‘‘(E) $248,600,000 for each of fiscal years 

16 2012 and 2013 shall be available to provide fi17 nancial assistance for services for the enhanced 

18 mobility of seniors and individuals with disabil19 ities under section 5310; 

20 ‘‘(F) $591,190,000 for each of fiscal years 

21 2012 and 2013 shall be available to provide fi22 nancial assistance for other than urbanized 

23 areas under section 5311, of which not less 

24 than $30,000,000 shall be available to carry out 


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1 section 5311(c)(1) and $20,000,000 shall be 

2 available to carry out section 5311(c)(2); 

3 ‘‘(G) $34,000,000 for each of fiscal years 

4 2012 and 2013 shall be available to carry out 

5 research, development, demonstration, and de6 ployment projects under section 5312; 

7 ‘‘(H) $6,500,000 for each of fiscal years 

8 2012 and 2013 shall be available to carry out 

9 a transit cooperative research program under 

10 section 5313; 

11 ‘‘(I) $4,500,000 for each of fiscal years 

12 2012 and 2013 shall be available for technical 

13 assistance and standards development under 

14 section 5314; 

15 ‘‘(J) $5,000,000 for each of fiscal years 

16 2012 and 2013 shall be available for the Na17 tional Transit Institute under section 5315; 

18 ‘‘(K) $2,000,000 for each of fiscal years 

19 2012 and 2013 shall be available for workforce 

20 development and human resource grants under 

21 section 5322; 

22 ‘‘(L) $3,850,000 for each of fiscal years 

23 2012 and 2013 shall be available to carry out 

24 section 5335; 


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1 ‘‘(M) $1,987,263,500 for each of fiscal 

2 years 2012 and 2013 shall be available to carry 

3 out subsections (c) and (e) of section 5337; and 

4 ‘‘(N) $511,500,000 for each of fiscal years 

5 2012 and 2013 shall be allocated in accordance 

6 with section 5340 to provide financial assist7 ance for urbanized areas under section 5307 

8 and other than urbanized areas under section 

9 5311. 

10 ‘‘(b) EMERGENCY RELIEF PROGRAM.—There are au11 thorized to be appropriated such sums as are necessary 

12 to carry out section 5306. 

13 ‘‘(c) CAPITAL INVESTMENT GRANTS.—There are au14 thorized to be appropriated to carry out section 5309, 

15 $1,955,000,000 for each of fiscal years 2012 and 2013, 

16 of which not less than $75,000,000 shall be available to 

17 carry out section 5337(f). 

18 ‘‘(d) PAUL S. SARBANES TRANSIT IN THE PARKS.— 

19 There are authorized to be appropriated to carry out sec20 tion 5320, $26,900,000 for each of fiscal years 2012 and 

21 2013. 

22 ‘‘(e) FIXED GUIDEWAY STATE OF GOOD REPAIR

23 GRANT PROGRAM.—There are authorized to be appro24 priated to carry out section 5337(d), $7,463,000 for each 

25 of fiscal years 2012 and 2013. 


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1 ‘‘(f) ADMINISTRATION.— 

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

3 appropriated to carry out section 5334, 

4 $108,350,000 for each of fiscal years 2012 and 

5 2013. 

6 ‘‘(2) SECTION 5329.—Of the amounts author7 ized to be appropriated under paragraph (1), not 

8 less than $10,000,000 shall be available to carry out 

9 section 5329. 

10 ‘‘(3) SECTION 5326.—Of the amounts made 

11 available under paragraph (2), not less than 

12 $1,000,000 shall be available to carry out section 

13 5326. 

14 ‘‘(g) OVERSIGHT.— 

15 ‘‘(1) IN GENERAL.—Of the amounts made 

16 available to carry out this chapter for a fiscal year, 

17 the Secretary may use not more than the following 

18 amounts for the activities described in paragraph 

19 (2): 

20 ‘‘(A) 0.5 percent of amounts made avail21 able to carry out section 5305. 

22 ‘‘(B) 0.75 percent of amounts made avail23 able to carry out section 5307. 

24 ‘‘(C) 1 percent of amounts made available 

25 to carry out section 5309. 


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1 ‘‘(D) 1 percent of amounts made available 

2 to carry out section 601 of the Passenger Rail 

3 Investment and Improvement Act of 2008 

4 (Public Law 110–432; 126 Stat. 4968). 

5 ‘‘(E) 0.5 percent of amounts made avail6 able to carry out section 5310. 

7 ‘‘(F) 0.5 percent of amounts made avail8 able to carry out section 5311. 

9 ‘‘(G) 0.5 percent of amounts made avail10 able to carry out section 5320. 

11 ‘‘(H) 0.75 percent of amounts made avail12 able to carry out section 5337(c). 

13 ‘‘(2) ACTIVITIES.—The activities described in 

14 this paragraph are as follows: 

15 ‘‘(A) Activities to oversee the construction 

16 of a major capital project. 

17 ‘‘(B) Activities to review and audit the 

18 safety and security, procurement, management, 

19 and financial compliance of a recipient or sub20 recipient of funds under this chapter. 

21 ‘‘(C) Activities to provide technical assist22 ance generally, and to provide technical assist23 ance to correct deficiencies identified in compli24 ance reviews and audits carried out under this 

25 section. 


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1 ‘‘(3) GOVERNMENT SHARE OF COSTS.—The 

2 Government shall pay the entire cost of carrying out 

3 a contract under this subsection. 

4 ‘‘(4) AVAILABILITY OF CERTAIN FUNDS.— 

5 Funds made available under paragraph (1)(C) shall 

6 be made available to the Secretary before allocating 

7 the funds appropriated to carry out any project 

8 under a full funding grant agreement. 

9 ‘‘(h) GRANTS AS CONTRACTUAL OBLIGATIONS.— 

10 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

11 FUND.—A grant or contract that is approved by the 

12 Secretary and financed with amounts made available 

13 from the Mass Transit Account of the Highway 

14 Trust Fund pursuant to this section is a contractual 

15 obligation of the Government to pay the Government 

16 share of the cost of the project. 

17 ‘‘(2) GRANTS FINANCED FROM GENERAL

18 FUND.—A grant or contract that is approved by the 

19 Secretary and financed with amounts appropriated 

20 in advance from the General Fund of the Treasury 

21 pursuant to this section is a contractual obligation 

22 of the Government to pay the Government share of 

23 the cost of the project only to the extent that 

24 amounts are appropriated for such purpose by an 

25 Act of Congress. 


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1 ‘‘(i) AVAILABILITY OF AMOUNTS.—Amounts made 

2 available by or appropriated under this section shall re3 main available until expended.’’. 

4 SEC. 20030. APPORTIONMENTS BASED ON GROWING 

5 STATES AND HIGH DENSITY STATES FOR6 MULA FACTORS. 

7 Section 5340 of title 49, United States Code, is 

8 amended to read as follows: 

9 ‘‘§ 5340. Apportionments based on growing States and 

10 high density States formula factors 

11 ‘‘(a) DEFINITION.—In this section, the term ‘State’ 

12 shall mean each of the 50 States of the United States. 

13 ‘‘(b) ALLOCATION.—Of the amounts made available 

14 for each fiscal year under section 5338(a)(2)(N), the Sec15 retary shall apportion— 

16 ‘‘(1) 50 percent to States and urbanized areas 

17 in accordance with subsection (c); and 

18 ‘‘(2) 50 percent to States and urbanized areas 

19 in accordance with subsection (d). 

20 ‘‘(c) GROWING STATE APPORTIONMENTS.— 

21 ‘‘(1) APPORTIONMENT AMONG STATES.—The 

22 amounts apportioned under subsection (b)(1) shall 

23 provide each State with an amount equal to the total 

24 amount apportioned multiplied by a ratio equal to 

25 the population of that State forecast for the year 


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1 that is 15 years after the most recent decennial cen2 sus, divided by the total population of all States 

3 forecast for the year that is 15 years after the most 

4 recent decennial census. Such forecast shall be based 

5 on the population trend for each State between the 

6 most recent decennial census and the most recent 

7 estimate of population made by the Secretary of 

8 Commerce. 

9 ‘‘(2) APPORTIONMENTS BETWEEN URBANIZED

10 AREAS AND OTHER THAN URBANIZED AREAS IN

11 EACH STATE.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 apportion amounts to each State under para14 graph (1) so that urbanized areas in that State 

15 receive an amount equal to the amount appor16 tioned to that State multiplied by a ratio equal 

17 to the sum of the forecast population of all ur18 banized areas in that State divided by the total 

19 forecast population of that State. In making the 

20 apportionment under this subparagraph, the 

21 Secretary shall utilize any available forecasts 

22 made by the State. If no forecasts are available, 

23 the Secretary shall utilize data on urbanized 

24 areas and total population from the most recent 

25 decennial census. 


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1 ‘‘(B) REMAINING AMOUNTS.—Amounts re2 maining for each State after apportionment 

3 under subparagraph (A) shall be apportioned to 

4 that State and added to the amount made avail5 able for grants under section 5311. 

6 ‘‘(3) APPORTIONMENTS AMONG URBANIZED

7 AREAS IN EACH STATE.—The Secretary shall appor8 tion amounts made available to urbanized areas in 

9 each State under paragraph (2)(A) so that each ur10 banized area receives an amount equal to the 

11 amount apportioned under paragraph (2)(A) multi12 plied by a ratio equal to the population of each ur13 banized area divided by the sum of populations of all 

14 urbanized areas in the State. Amounts apportioned 

15 to each urbanized area shall be added to amounts 

16 apportioned to that urbanized area under section 

17 5336, and made available for grants under section 

18 5307. 

19 ‘‘(d) HIGH DENSITY STATE APPORTIONMENTS.— 

20 Amounts to be apportioned under subsection (b)(2) shall 

21 be apportioned as follows: 

22 ‘‘(1) ELIGIBLE STATES.—The Secretary shall 

23 designate as eligible for an apportionment under this 

24 subsection all States with a population density in ex25 cess of 370 persons per square mile. 


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1 ‘‘(2) STATE URBANIZED LAND FACTOR.—For 

2 each State qualifying for an apportionment under 

3 paragraph (1), the Secretary shall calculate an 

4 amount equal to— 

5 ‘‘(A) the total land area of the State (in 

6 square miles); multiplied by 

7 ‘‘(B) 370; multiplied by 

8 ‘‘(C)(i) the population of the State in ur9 banized areas; divided by 

10 ‘‘(ii) the total population of the State. 

11 ‘‘(3) STATE APPORTIONMENT FACTOR.—For 

12 each State qualifying for an apportionment under 

13 paragraph (1), the Secretary shall calculate an 

14 amount equal to the difference between the total 

15 population of the State less the amount calculated in 

16 paragraph (2). 

17 ‘‘(4) STATE APPORTIONMENT.—Each State 

18 qualifying for an apportionment under paragraph 

19 (1) shall receive an amount equal to the amount to 

20 be apportioned under this subsection multiplied by 

21 the amount calculated for the State under paragraph 

22 (3) divided by the sum of the amounts calculated 

23 under paragraph (3) for all States qualifying for an 

24 apportionment under paragraph (1). 


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1 ‘‘(5) APPORTIONMENTS AMONG URBANIZED

2 AREAS IN EACH STATE.—The Secretary shall appor3 tion amounts made available to each State under 

4 paragraph (4) so that each urbanized area receives 

5 an amount equal to the amount apportioned under 

6 paragraph (4) multiplied by a ratio equal to the pop7 ulation of each urbanized area divided by the sum 

8 of populations of all urbanized areas in the State. 

9 Amounts apportioned to each urbanized area shall 

10 be added to amounts apportioned to that urbanized 

11 area under section 5336, and made available for 

12 grants under section 5307.’’. 

13 SEC. 20031. TECHNICAL AND CONFORMING AMENDMENTS. 

14 (a) SECTION 5305.—Section 5305 of title 49, United 

15 States Code, is amended— 

16 (1) in subsection (c), by striking ‘‘sections 

17 5303, 5304, and 5306’’ and inserting ‘‘sections 

18 5303 and 5304’’; 

19 (2) in subsection (d), by striking ‘‘sections 5303 

20 and 5306’’ each place that term appears and insert21 ing ‘‘section 5303’’; 

22 (3) in subsection (e)(1)(A), by striking ‘‘sec23 tions 5304, 5306, 5315, and 5322’’ and inserting 

24 ‘‘section 5304’’; 

25 (4) in subsection (f)— 


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1 (A) in the heading, by striking ‘‘GOVERN2 MENT’S’’ and inserting ‘‘GOVERNMENT’’; and 

3 (B) by striking ‘‘Government’s’’ and in4 serting ‘‘Government’’; and 

5 (5) in subsection (g), by striking ‘‘section 

6 5338(c) for fiscal years 2005 through 2011 and for 

7 the period beginning on October 1, 2011, and ending 

8 on March 31, 2012’’ and inserting ‘‘section 

9 5338(a)(2)(A) for a fiscal year’’. 

10 (b) SECTION 5313.—Section 5313(a) of title 49, 

11 United States Code, is amended— 

12 (1) in the first sentence, by striking ‘‘sub13 sections (a)(5)(C)(iii) and (d)(1) of section 5338’’ 

14 and inserting section ‘‘5338(a)(2)(H)’’; and 

15 (2) in the second sentence, by striking ‘‘of 

16 Transportation’’. 

17 (c) SECTION 5319.—Section 5319 of title 49, United 

18 States Code, is amended, in the second sentence— 

19 (1) by striking ‘‘sections 5307(e), 5309(h), and 

20 5311(g) of this title’’ and inserting ‘‘sections 

21 5307(e), 5309(k), and 5311(h)’’; and 

22 (2) by striking ‘‘of the United States’’ and in23 serting ‘‘made by the’’. 

24 (d) SECTION 5325.—Section 5325(b)(2)(A) of title 

25 49, United States Code, is amended by striking ‘‘title 48, 


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1 Code of Federal Regulations (commonly known as the 

2 Federal Acquisition Regulation)’’ and inserting ‘‘the Fed3 eral Acquisition Regulation, or any successor thereto’’. 

4 (e) SECTION 5330.—Effective 3 years after the effec5 tive date of the final rules issued by the Secretary of 

6 Transportation under section 5329(e) of title 49, United 

7 States Code, as amended by this division, section 5330 

8 of title 49, United States Code, is repealed. 

9 (f) SECTION 5331.—Section 5331 of title 49, United 

10 States Code, is amended by striking ‘‘Secretary of Trans11 portation’’ each place that term appears and inserting 

12 ‘‘Secretary’’. 

13 (g) SECTION 5332.—Section 5332(c)(1) of title 49, 

14 United States Code, is amended by striking ‘‘of Transpor15 tation’’. 

16 (h) SECTION 5333.—Section 5333(a) of title 49, 

17 United States Code, is amended by striking ‘‘sections 

18 3141–3144’’ and inserting ‘‘sections 3141 through 3144’’. 

19 (i) SECTION 5334.—Section 5334 of title 49, United 

20 States Code, is amended— 

21 (1) in subsection (c)— 

22 (A) by striking ‘‘Secretary of Transpor23 tation’’ each place that term appears and in24 serting ‘‘Secretary’’; and 


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1 (B) in paragraph (1), by striking ‘‘Com2 mittees on Transportation and Infrastructure 

3 and Appropriations of the House of Representa4 tives and the Committees on Banking, Housing, 

5 and Urban Affairs and Appropriations of the 

6 Senate’’ and inserting ‘‘Committee on Banking, 

7 Housing, and Urban Affairs and the Committee 

8 on Appropriations of the Senate and the Com9 mittee on Transportation and Infrastructure 

10 and the Committee on Appropriations of the 

11 House of Representatives’’; 

12 (2) in subsection (d), by striking ‘‘of Transpor13 tation’’; 

14 (3) in subsection (e), by striking ‘‘of Transpor15 tation’’; 

16 (4) in subsection (f), by striking ‘‘of Transpor17 tation’’; 

18 (5) in subsection (g), in the matter preceding 

19 paragraph (1)— 

20 (A) by striking ‘‘of Transportation’’; and 

21 (B) by striking ‘‘subsection (a)(3) or (4) of 

22 this section’’ and inserting ‘‘paragraph (3) or 

23 (4) of subsection (a)’’; 

24 (6) in subsection (h)— 


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1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by striking ‘‘of 

3 Transportation’’; and 

4 (B) in paragraph (2), by striking ‘‘of this 

5 section’’; 

6 (7) in subsection (i)(1), by striking ‘‘of Trans7 portation’’; and 

8 (8) in subsection (j), as so redesignated by sec9 tion 20025 of this division, by striking ‘‘Committees 

10 on Banking, Housing, and Urban Affairs and Ap11 propriations of the Senate and Committees on 

12 Transportation and Infrastructure and Appropria13 tions of the House of Representatives’’ and inserting 

14 ‘‘Committee on Banking, Housing, and Urban Af15 fairs and the Committee on Appropriations of the 

16 Senate and the Committee on Transportation and 

17 Infrastructure and the Committee on Appropriations 

18 of the House of Representatives’’. 

19 (j) SECTION 5335.—Section 5335(a) of title 49, 

20 United States Code, is amended by striking ‘‘of Transpor21 tation’’. 

22 (k) TABLE OF SECTIONS.—The table of sections for 

23 chapter 53 of title 49, United States Code, is amended 

24 to read as follows: 

‘‘Sec. 

‘‘5301. Policies, purposes, and goals. 

‘‘5302. Definitions. 


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‘‘5303. Metropolitan transportation planning. 

‘‘5304. Statewide and nonmetropolitan transportation planning. 

‘‘5305. Planning programs. 

‘‘5306. Public transportation emergency relief program. 

‘‘5307. Urbanized area formula grants. 

‘‘5308. Clean fuel grant program. 

‘‘5309. Fixed guideway capital investment grants. 

‘‘5310. Formula grants for the enhanced mobility of seniors and individuals with 

disabilities. 

‘‘5311. Formula grants for other than urbanized areas. 

‘‘5312. Research, development, demonstration, and deployment projects. 

‘‘5313. Transit cooperative research program. 

‘‘5314. Technical assistance and standards development. 

‘‘5315. National Transit Institute. 

‘‘[5316. Repealed.] 

‘‘[5317. Repealed.] 

‘‘5318. Bus testing facilities. 

‘‘5319. Bicycle facilities. 

‘‘5320. Alternative transportation in parks and public lands. 

‘‘[5321. Repealed.] 

‘‘5322. Public transportation workforce development and human resource programs. 

‘‘5323. General provisions. 

‘‘[5324. Repealed.] 

‘‘5325. Contract requirements. 

‘‘5326. Transit asset management. 

‘‘5327. Project management oversight. 

‘‘[5328. Repealed.] 

‘‘5329. Public transportation safety program. 

‘‘5330. State safety oversight. 

‘‘5331. Alcohol and controlled substances testing. 

‘‘5332. Nondiscrimination. 

‘‘5333. Labor standards. 

‘‘5334. Administrative provisions. 

‘‘5335. National transit database. 

‘‘5336. Apportionment of appropriations for formula grants. 

‘‘5337. State of good repair grants. 

‘‘5338. Authorizations. 

‘‘[5339. Repealed.] 

‘‘5340. Apportionments based on growing States and high density States formula factors. 


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1 DIVISION C—TRANSPORTATION 

2 SAFETY AND SURFACE 

3 TRANSPORTATION POLICY 

4 TITLE I—MOTOR VEHICLE AND 

5 HIGHWAY SAFETY IMPROVE6 MENT ACT OF 2012 

7 SEC. 31001. SHORT TITLE. 

8 This title may be cited as the ‘‘Motor Vehicle and 

9 Highway Safety Improvement Act of 2012’’ or ‘‘Mariah’s 

10 Act’’. 

11 SEC. 31002. DEFINITION. 

12 In this title, the term ‘‘Secretary’’ means the Sec13 retary of Transportation. 

14 Subtitle A—Highway Safety 

15 SEC. 31101. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—The following sums are author17 ized to be appropriated out of the Highway Trust Fund 

18 (other than the Mass Transit Account): 

19 (1) HIGHWAY SAFETY PROGRAMS.—For car20 rying out section 402 of title 23, United States 

21 Code— 

22 (A) $243,000,000 for fiscal year 2012; and 

23 (B) $243,000,000 for fiscal year 2013. 


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1 (2) HIGHWAY SAFETY RESEARCH AND DEVEL2 OPMENT.—For carrying out section 403 of title 23, 

3 United States Code— 

4 (A) $130,000,000 for fiscal year 2012; and 

5 (B) $139,000,000 for fiscal year 2013. 

6 (3) COMBINED OCCUPANT PROTECTION

7 GRANTS.—For carrying out section 405 of title 23, 

8 United States Code— 

9 (A) $44,000,000 for fiscal year 2012; and 

10 (B) $44,000,000 for fiscal year 2013. 

11 (4) STATE TRAFFIC SAFETY INFORMATION SYS12 TEM IMPROVEMENTS.—For carrying out section 408 

13 of title 23, United States Code— 

14 (A) $44,000,000 for fiscal year 2012; and 

15 (B) $44,000,000 for fiscal year 2013. 

16 (5) IMPAIRED DRIVING COUNTERMEASURES.— 

17 For carrying out section 410 of title 23, United 

18 States Code— 

19 (A) $139,000,000 for fiscal year 2012; and 

20 (B) $139,000,000 for fiscal year 2013. 

21 (6) DISTRACTED DRIVING GRANTS.—For car22 rying out section 411 of title 23, United States 

23 Code— 

24 (A) $39,000,000 for fiscal year 2012; and 

25 (B) $39,000,000 for fiscal year 2013. 


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1 (7) NATIONAL DRIVER REGISTER.—For the Na2 tional Highway Traffic Safety Administration to 

3 carry out chapter 303 of title 49, United States 

4 Code— 

5 (A) $5,000,000 for fiscal year 2012; and 

6 (B) $5,000,000 for fiscal year 2013. 

7 (8) HIGH VISIBILITY ENFORCEMENT PRO8 GRAM.—For carrying out section 2009 of 

9 SAFETEA–LU (23 U.S.C. 402 note)— 

10 (A) $37,000,000 for fiscal year 2012; and 

11 (B) $37,000,000 for fiscal year 2013. 

12 (9) MOTORCYCLIST SAFETY.—For carrying out 

13 section 2010 of SAFETEA–LU (23 U.S.C. 402 

14 note)— 

15 (A) $6,000,000 for fiscal year 2012; and 

16 (B) $6,000,000 for fiscal year 2013. 

17 (10) ADMINISTRATIVE EXPENSES.—For admin18 istrative and related operating expenses of the Na19 tional Highway Traffic Safety Administration in car20 rying out chapter 4 of title 23, United States Code, 

21 and this subtitle— 

22 (A) $25,581,280 for fiscal year 2012; and 

23 (B) $25,862,674 for fiscal year 2013. 


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1 (11) DRIVER ALCOHOL DETECTION SYSTEM

2 FOR SAFETY RESEARCH.—For carrying out section 

3 413 of title 23, United States Code— 

4 (A) $12,000,000 for fiscal year 2012; and 

5 (B) $12,000,000 for fiscal year 2013. 

6 (12) STATE GRADUATED DRIVER LICENSING

7 LAWS.—For carrying out section 414 of title 23, 

8 United States Code— 

9 (A) $22,000,000 for fiscal year 2012; and 

10 (B) $22,000,000 for fiscal year 2013. 

11 (b) PROHIBITION ON OTHER USES.—Except as oth12 erwise provided in chapter 4 of title 23, United States 

13 Code, in this subtitle, and in the amendments made by 

14 this subtitle, the amounts made available from the High15 way Trust Fund (other than the Mass Transit Account) 

16 for a program under such chapter— 

17 (1) shall only be used to carry out such pro18 gram; and 

19 (2) may not be used by States or local govern20 ments for construction purposes. 

21 (c) APPLICABILITY OF TITLE 23.—Except as other22 wise provided in chapter 4 of title 23, United States Code, 

23 and in this subtitle, amounts made available under sub24 section (a) for fiscal years 2012 and 2013 shall be avail25 able for obligation in the same manner as if such funds 


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1 were apportioned under chapter 1 of title 23, United 

2 States Code. 

3 (d) REGULATORY AUTHORITY.—Grants awarded 

4 under this subtitle shall be in accordance with regulations 

5 issued by the Secretary. 

6 (e) STATE MATCHING REQUIREMENTS.—If a grant 

7 awarded under this subtitle requires a State to share in 

8 the cost, the aggregate of all expenditures for highway 

9 safety activities made during any fiscal year by the State 

10 and its political subdivisions (exclusive of Federal funds) 

11 for carrying out the grant (other than planning and ad12 ministration) shall be available for the purpose of crediting 

13 the State during such fiscal year for the non-Federal share 

14 of the cost of any project under this subtitle (other than 

15 planning or administration) without regard to whether 

16 such expenditures were actually made in connection with 

17 such project. 

18 (f) MAINTENANCE OF EFFORT.— 

19 (1) REQUIREMENT.—No grant may be made to 

20 a State under section 405, 408, or 410 of title 23, 

21 United States Code, in any fiscal year unless the 

22 State enters into such agreements with the Sec23 retary as the Secretary may require to ensure that 

24 the State will maintain its aggregate expenditures 

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1 scribed in such sections at or above the average level 

2 of such expenditures in its 2 fiscal years preceding 

3 the date of enactment of this Act. 

4 (2) WAIVER.—Upon the request of a State, the 

5 Secretary may waive or modify the requirements 

6 under paragraph (1) for not more than 1 fiscal year 

7 if the Secretary determines that such a waiver would 

8 be equitable due to exceptional or uncontrollable cir9 cumstances. 

10 (g) TRANSFERS.—In each fiscal year, the Secretary 

11 may transfer any amounts remaining available under 

12 paragraphs (3), (4), (5), (6), (9), (11), and (12) of sub13 section (a) to the amounts made available under para14 graph (1) or any other of such paragraphs in order to 

15 ensure, to the maximum extent possible, that all funds are 

16 obligated. 

17 (h) GRANT APPLICATION AND DEADLINE.—To re18 ceive a grant under this subtitle, a State shall submit an 

19 application, and the Secretary shall establish a single 

20 deadline for such applications to enable the award of 

21 grants early in the next fiscal year. 

22 (i) ALLOCATION TO SUPPORT STATE DISTRACTED

23 DRIVING LAWS.—Of the amounts available under sub24 section (a)(6) for distracted driving grants, the Secretary 

25 may expend, in each fiscal year, up to $5,000,000 for the 


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1 development and placement of broadcast media to support 

2 the enforcement of State distracted driving laws. 

3 SEC. 31102. HIGHWAY SAFETY PROGRAMS. 

4 (a) PROGRAMS INCLUDED.—Section 402(a) of title 

5 23, United States Code, is amended to read as follows: 

6 ‘‘(a) PROGRAM REQUIRED.— 

7 ‘‘(1) IN GENERAL.—Each State shall have a 

8 highway safety program, approved by the Secretary, 

9 that is designed to reduce traffic accidents and the 

10 resulting deaths, injuries, and property damage. 

11 ‘‘(2) UNIFORM GUIDELINES.—Programs re12 quired under paragraph (1) shall comply with uni13 form guidelines, promulgated by the Secretary and 

14 expressed in terms of performance criteria, that— 

15 ‘‘(A) include programs— 

16 ‘‘(i) to reduce injuries and deaths re17 sulting from motor vehicles being driven in 

18 excess of posted speed limits; 

19 ‘‘(ii) to encourage the proper use of 

20 occupant protection devices (including the 

21 use of safety belts and child restraint sys22 tems) by occupants of motor vehicles; 

23 ‘‘(iii) to reduce injuries and deaths re24 sulting from persons driving motor vehicles 


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1 while impaired by alcohol or a controlled 

2 substance; 

3 ‘‘(iv) to prevent accidents and reduce 

4 injuries and deaths resulting from acci5 dents involving motor vehicles and motor6 cycles; 

7 ‘‘(v) to reduce injuries and deaths re8 sulting from accidents involving school 

9 buses; 

10 ‘‘(vi) to reduce accidents resulting 

11 from unsafe driving behavior (including ag12 gressive or fatigued driving and distracted 

13 driving arising from the use of electronic 

14 devices in vehicles); and 

15 ‘‘(vii) to improve law enforcement 

16 services in motor vehicle accident preven17 tion, traffic supervision, and post-accident 

18 procedures; 

19 ‘‘(B) improve driver performance, includ20 ing— 

21 ‘‘(i) driver education; 

22 ‘‘(ii) driver testing to determine pro23 ficiency to operate motor vehicles; and 

24 ‘‘(iii) driver examinations (physical, 

25 mental, and driver licensing); 


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1 ‘‘(C) improve pedestrian performance and 

2 bicycle safety; 

3 ‘‘(D) include provisions for— 

4 ‘‘(i) an effective record system of acci5 dents (including resulting injuries and 

6 deaths); 

7 ‘‘(ii) accident investigations to deter8 mine the probable causes of accidents, in9 juries, and deaths; 

10 ‘‘(iii) vehicle registration, operation, 

11 and inspection; and 

12 ‘‘(iv) emergency services; and 

13 ‘‘(E) to the extent determined appropriate 

14 by the Secretary, are applicable to federally ad15 ministered areas where a Federal department 

16 or agency controls the highways or supervises 

17 traffic operations.’’. 

18 (b) ADMINISTRATION OF STATE PROGRAMS.—Sec19 tion 402(b)(1) of title 23, United States Code, is amend20 ed— 

21 (1) in subparagraph (D), by striking ‘‘and’’ at 

22 the end; 

23 (2) by redesignating subparagraph (E) as sub24 paragraph (F); 


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1 (3) by inserting after subparagraph (D) the fol2 lowing: 

3 ‘‘(E) beginning on October 1, 2012, pro4 vide for a robust, data-driven traffic safety en5 forcement program to prevent traffic violations, 

6 crashes, and crash fatalities and injuries in 

7 areas most at risk for such incidents, to the 

8 satisfaction of the Secretary;’’; and 

9 (4) in subparagraph (F), as redesignated— 

10 (A) in clause (i), by inserting ‘‘and high11 visibility law enforcement mobilizations coordi12 nated by the Secretary’’ after ‘‘mobilizations’’; 

13 (B) in clause (iii), by striking ‘‘and’’ at the 

14 end; 

15 (C) in clause (iv), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

17 (D) by adding at the end the following: 

18 ‘‘(v) ensuring that the State will co19 ordinate its highway safety plan, data col20 lection, and information systems with the 

21 State strategic highway safety plan (as de22 fined in section 148(a)).’’. 

23 (c) APPROVED HIGHWAY SAFETY PROGRAMS.—Sec24 tion 402(c) of title 23, United States Code, is amended— 


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1 (1) by striking ‘‘(c) Funds authorized’’ and in2 serting the following: 

3 ‘‘(c) USE OF FUNDS.— 

4 ‘‘(1) IN GENERAL.—Funds authorized’’; 

5 (2) by striking ‘‘Such funds’’ and inserting the 

6 following: 

7 ‘‘(2) APPORTIONMENT.—Except for amounts 

8 identified in subsection (l) and section 403(e), funds 

9 described in paragraph (1)’’; 

10 (3) by striking ‘‘The Secretary shall not’’ and 

11 all that follows through ‘‘subsection, a highway safe12 ty program’’ and inserting ‘‘A highway safety pro13 gram’’; 

14 (4) by inserting ‘‘A State may use the funds 

15 apportioned under this section, in cooperation with 

16 neighboring States, for highway safety programs or 

17 related projects that may confer benefits on such 

18 neighboring States.’’ after ‘‘in every State.’’; 

19 (5) by striking ‘‘50 per centum’’ and inserting 

20 ‘‘20 percent’’; and 

21 (6) by striking ‘‘The Secretary shall promptly’’ 

22 and all that follows and inserting the following: 

23 ‘‘(3) REAPPORTIONMENT.—The Secretary shall 

24 promptly apportion the funds withheld from a 

25 State’s apportionment to the State if the Secretary 


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1 approves the State’s highway safety program or de2 termines that the State has begun implementing an 

3 approved program, as appropriate, not later than 

4 July 31st of the fiscal year for which the funds were 

5 withheld. If the Secretary determines that the State 

6 did not correct its failure within such period, the 

7 Secretary shall reapportion the withheld funds to the 

8 other States in accordance with the formula speci9 fied in paragraph (2) not later than the last day of 

10 the fiscal year.’’. 

11 (d) USE OF HIGHWAY SAFETY PROGRAM FUNDS.— 

12 Section 402(g) of title 23, United States Code, is amended 

13 to read as follows: 

14 ‘‘(g) SAVINGS PROVISION.— 

15 ‘‘(1) IN GENERAL.—Except as provided under 

16 paragraph (2), nothing in this section may be con17 strued to authorize the appropriation or expenditure 

18 of funds for— 

19 ‘‘(A) highway construction, maintenance, 

20 or design (other than design of safety features 

21 of highways to be incorporated into guidelines); 

22 or 

23 ‘‘(B) any purpose for which funds are au24 thorized by section 403. 


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1 ‘‘(2) DEMONSTRATION PROJECTS.—A State 

2 may use funds made available to carry out this sec3 tion to assist in demonstration projects carried out 

4 by the Secretary under section 403.’’. 

5 (e) IN GENERAL.—Section 402 of title 23, United 

6 States Code, is amended— 

7 (1) by striking subsections (k) and (m); 

8 (2) by redesignating subsections (i) and (j) as 

9 subsections (h) and (i), respectively; and 

10 (3) by redesignating subsection (l) as subsection 

11 (j). 

12 (f) HIGHWAY SAFETY PLAN AND REPORTING RE13 QUIREMENTS.—Section 402 of title 23, United States 

14 Code, as amended by this section, is further amended by 

15 adding at the end the following: 

16 ‘‘(k) HIGHWAY SAFETY PLAN AND REPORTING RE17 QUIREMENTS.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall require 

19 each State to develop and submit to the Secretary 

20 a highway safety plan that complies with the re21 quirements under this subsection not later than July 

22 1, 2012, and annually thereafter. 

23 ‘‘(2) CONTENTS.—State highway safety plans 

24 submitted under paragraph (1) shall include— 


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1 ‘‘(A) performance measures required by 

2 the Secretary or otherwise necessary to support 

3 additional State safety goals, including— 

4 ‘‘(i) documentation of current safety 

5 levels for each performance measure; 

6 ‘‘(ii) quantifiable annual performance 

7 targets for each performance measure; and 

8 ‘‘(iii) a justification for each perform9 ance target; 

10 ‘‘(B) a strategy for programming funds ap11 portioned to the State under this section on 

12 projects and activities that will allow the State 

13 to meet the performance targets described in 

14 subparagraph (A); 

15 ‘‘(C) data and data analysis supporting the 

16 effectiveness of proposed countermeasures; 

17 ‘‘(D) a description of any Federal, State, 

18 local, or private funds that the State plans to 

19 use, in addition to funds apportioned to the 

20 State under this section, to carry out the strat21 egy described in subparagraph (B); 

22 ‘‘(E) beginning with the plan submitted by 

23 July 1, 2013, a report on the State’s success in 

24 meeting State safety goals set forth in the pre25 vious year’s highway safety plan; and 


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1 ‘‘(F) an application for any additional 

2 grants available to the State under this chapter. 

3 ‘‘(3) PERFORMANCE MEASURES.—For the first 

4 highway safety plan submitted under this subsection, 

5 the performance measures required by the Secretary 

6 under paragraph (2)(A) shall be limited to those de7 veloped by the National Highway Traffic Safety Ad8 ministration and the Governor’s Highway Safety As9 sociation and described in the report, ‘Traffic Safety 

10 Performance Measures for States and Federal Agen11 cies’ (DOT HS 811 025). For subsequent highway 

12 safety plans, the Secretary shall consult with the 

13 Governor’s Highway Safety Association and safety 

14 experts if the Secretary makes revisions to the set 

15 of required performance measures. 

16 ‘‘(4) REVIEW OF HIGHWAY SAFETY PLANS.— 

17 ‘‘(A) IN GENERAL.—Not later than 60 

18 days after the date on which a State’s highway 

19 safety plan is received by the Secretary, the 

20 Secretary shall review and approve or dis21 approve the plan. 

22 ‘‘(B) APPROVALS AND DISAPPROVALS.— 

23 ‘‘(i) APPROVALS.—The Secretary shall 

24 approve a State’s highway safety plan if 

25 the Secretary determines that— 


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1 ‘‘(I) the plan is evidence-based 

2 and supported by data; 

3 ‘‘(II) the performance targets are 

4 adequate; and 

5 ‘‘(III) the plan, once imple6 mented, will allow the State to meet 

7 such targets. 

8 ‘‘(ii) DISAPPROVALS.—The Secretary 

9 shall disapprove a State’s highway safety 

10 plan if the Secretary determines that the 

11 plan does not— 

12 ‘‘(I) set appropriate performance 

13 targets; or 

14 ‘‘(II) provide for evidence-based 

15 programming of funding in a manner 

16 sufficient to allow the State to meet 

17 such targets. 

18 ‘‘(C) ACTIONS UPON DISAPPROVAL.—If the 

19 Secretary disapproves a State’s highway safety 

20 plan, the Secretary shall— 

21 ‘‘(i) inform the State of the reasons 

22 for such disapproval; and 

23 ‘‘(ii) require the State to resubmit the 

24 plan with any modifications that the Sec25 retary determines to be necessary. 


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1 ‘‘(D) REVIEW OF RESUBMITTED PLANS.— 

2 If the Secretary requires a State to resubmit a 

3 highway safety plan, with modifications, the 

4 Secretary shall review and approve or dis5 approve the modified plan not later than 30 

6 days after the date on which the Secretary re7 ceives such plan. 

8 ‘‘(E) REPROGRAMMING AUTHORITY.—If 

9 the Secretary determines that the modifications 

10 contained in a State’s resubmitted highway 

11 safety plan do not provide for the programming 

12 of funding in a manner sufficient to meet the 

13 State’s performance goals, the Secretary, in 

14 consultation with the State, shall take such ac15 tion as may be necessary to bring the State’s 

16 plan into compliance with the performance tar17 gets. 

18 ‘‘(F) PUBLIC NOTICE.—A State shall make 

19 the State’s highway safety plan, and decisions 

20 of the Secretary concerning approval or dis21 approval of a revised plan, available to the pub22 lic.’’. 

23 (g) COOPERATIVE RESEARCH AND EVALUATION.— 

24 Section 402 of title 23, United States Code, as amended 


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1 by this section, is further amended by adding at the end 

2 the following: 

3 ‘‘(l) COOPERATIVE RESEARCH AND EVALUATION.— 

4 ‘‘(1) ESTABLISHMENT AND FUNDING.—Not5 withstanding the apportionment formula set forth in 

6 subsection (c)(2), $2,500,000 of the total amount 

7 available for apportionment to the States for high8 way safety programs under subsection (c) in each 

9 fiscal year shall be available for expenditure by the 

10 Secretary, acting through the Administrator of the 

11 National Highway Traffic Safety Administration, for 

12 a cooperative research and evaluation program to re13 search and evaluate priority highway safety counter14 measures. 

15 ‘‘(2) ADMINISTRATION.—The program estab16 lished under paragraph (1)— 

17 ‘‘(A) shall be administered by the Adminis18 trator of the National Highway Traffic Safety 

19 Administration; and 

20 ‘‘(B) shall be jointly managed by the Gov21 ernors Highway Safety Association and the Na22 tional Highway Traffic Safety Administration.’’. 

23 (h) TEEN TRAFFIC SAFETY PROGRAM.—Section 402 

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1 tion, is further amended by adding at the end the fol2 lowing: 

3 ‘‘(m) TEEN TRAFFIC SAFETY PROGRAM.— 

4 ‘‘(1) PROGRAM AUTHORIZED.—Subject to the 

5 requirements of a State’s highway safety plan, as 

6 approved by the Secretary under subsection (k), a 

7 State may use a portion of the amounts received 

8 under this section to implement a statewide teen 

9 traffic safety program to improve traffic safety for 

10 teen drivers. 

11 ‘‘(2) STRATEGIES.—The program implemented 

12 under paragraph (1)— 

13 ‘‘(A) shall include peer-to-peer education 

14 and prevention strategies in schools and com15 munities designed to— 

16 ‘‘(i) increase safety belt use; 

17 ‘‘(ii) reduce speeding; 

18 ‘‘(iii) reduce impaired and distracted 

19 driving; 

20 ‘‘(iv) reduce underage drinking; and 

21 ‘‘(v) reduce other behaviors by teen 

22 drivers that lead to injuries and fatalities; 

23 and 

24 ‘‘(B) may include— 


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1 ‘‘(i) working with student-led groups 

2 and school advisors to plan and implement 

3 teen traffic safety programs; 

4 ‘‘(ii) providing subgrants to schools 

5 throughout the State to support the estab6 lishment and expansion of student groups 

7 focused on teen traffic safety; 

8 ‘‘(iii) providing support, training, and 

9 technical assistance to establish and ex10 pand school and community safety pro11 grams for teen drivers; 

12 ‘‘(iv) creating statewide or regional 

13 websites to publicize and circulate informa14 tion on teen safety programs; 

15 ‘‘(v) conducting outreach and pro16 viding educational resources for parents; 

17 ‘‘(vi) establishing State or regional 

18 advisory councils comprised of teen drivers 

19 to provide input and recommendations to 

20 the governor and the governor’s safety rep21 resentative on issues related to the safety 

22 of teen drivers; 

23 ‘‘(vii) collaborating with law enforce24 ment; 


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1 ‘‘(viii) organizing and hosting State 

2 and regional conferences for teen drivers; 

3 ‘‘(ix) establishing partnerships and 

4 promoting coordination among community 

5 stakeholders, including public, not-for-prof6 it, and for profit entities; and 

7 ‘‘(x) funding a coordinator position 

8 for the teen safety program in the State or 

9 region.’’. 

10 SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOP11 MENT. 

12 Section 403 of title 23, United States Code, is 

13 amended to read as follows: 

14 ‘‘§ 403. Highway safety research and development 

15 ‘‘(a) DEFINED TERM.—In this section, the term 

16 ‘Federal laboratory’ includes— 

17 ‘‘(1) a government-owned, government-operated 

18 laboratory; and 

19 ‘‘(2) a government-owned, contractor-operated 

20 laboratory. 

21 ‘‘(b) GENERAL AUTHORITY.— 

22 ‘‘(1) RESEARCH AND DEVELOPMENT ACTIVI23 TIES.—The Secretary may conduct research and de24 velopment activities, including demonstration 

25 projects and the collection and analysis of highway 


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1 and motor vehicle safety data and related informa2 tion needed to carry out this section, with respect 

3 to— 

4 ‘‘(A) all aspects of highway and traffic 

5 safety systems and conditions relating to— 

6 ‘‘(i) vehicle, highway, driver, pas7 senger, motorcyclist, bicyclist, and pedes8 trian characteristics; 

9 ‘‘(ii) accident causation and investiga10 tions; 

11 ‘‘(iii) communications; 

12 ‘‘(iv) emergency medical services; and 

13 ‘‘(v) transportation of the injured; 

14 ‘‘(B) human behavioral factors and their 

15 effect on highway and traffic safety, includ16 ing— 

17 ‘‘(i) driver education; 

18 ‘‘(ii) impaired driving; 

19 ‘‘(iii) distracted driving; and 

20 ‘‘(iv) new technologies installed in, or 

21 brought into, vehicles; 

22 ‘‘(C) an evaluation of the effectiveness of 

23 countermeasures to increase highway and traf24 fic safety, including occupant protection and 


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1 alcohol- and drug-impaired driving technologies 

2 and initiatives; 

3 ‘‘(D) the development of technologies to 

4 detect drug impaired drivers; and 

5 ‘‘(E) the effect of State laws on any as6 pects, activities, or programs described in sub7 paragraphs (A) through (D). 

8 ‘‘(2) COOPERATION, GRANTS, AND CON9 TRACTS.—The Secretary may carry out this sec10 tion— 

11 ‘‘(A) independently; 

12 ‘‘(B) in cooperation with other Federal de13 partments, agencies, and instrumentalities and 

14 Federal laboratories; 

15 ‘‘(C) by entering into contracts, coopera16 tive agreements, and other transactions with 

17 the National Academy of Sciences, any Federal 

18 laboratory, State or local agency, authority, as19 sociation, institution, foreign country, or person 

20 (as defined in chapter 1 of title 1); or 

21 ‘‘(D) by making grants to the National 

22 Academy of Sciences, any Federal laboratory, 

23 State or local agency, authority, association, in24 stitution, or person (as defined in chapter 1 of 

25 title 1). 


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1 ‘‘(c) COLLABORATIVE RESEARCH AND DEVELOP2 MENT.— 

3 ‘‘(1) IN GENERAL.—To encourage innovative 

4 solutions to highway safety problems, stimulate vol5 untary improvements in highway safety, and stimu6 late the marketing of new highway safety related 

7 technology by private industry, the Secretary is au8 thorized to carry out, on a cost-shared basis, collabo9 rative research and development with— 

10 ‘‘(A) non-Federal entities, including State 

11 and local governments, foreign countries, col12 leges, universities, corporations, partnerships, 

13 sole proprietorships, organizations serving the 

14 interests of children, people with disabilities, 

15 low-income populations, and older adults, and 

16 trade associations that are incorporated or es17 tablished under the laws of any State or the 

18 United States; and 

19 ‘‘(B) Federal laboratories. 

20 ‘‘(2) AGREEMENTS.—In carrying out this sub21 section, the Secretary may enter into cooperative re22 search and development agreements (as defined in 

23 section 12 of the Stevenson-Wydler Technology In24 novation Act of 1980 (15 U.S.C. 3710a)) in which 

25 the Secretary provides not more than 50 percent of 


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1 the cost of any research or development project 

2 under this subsection. 

3 ‘‘(3) USE OF TECHNOLOGY.—The research, de4 velopment, or use of any technology pursuant to an 

5 agreement under this subsection, including the terms 

6 under which technology may be licensed and the re7 sulting royalties may be distributed, shall be subject 

8 to the provisions of the Stevenson-Wydler Tech9 nology Innovation Act of 1980 (15 U.S.C. 3701 et 

10 seq.). 

11 ‘‘(d) TITLE TO EQUIPMENT.—In furtherance of the 

12 purposes set forth in section 402, the Secretary may vest 

13 title to equipment purchased for demonstration projects 

14 with funds authorized under this section to State or local 

15 agencies on such terms and conditions as the Secretary 

16 determines to be appropriate. 

17 ‘‘(e) TRAINING.—Notwithstanding the apportionment 

18 formula set forth in section 402(c)(2), 1 percent of the 

19 total amount available for apportionment to the States for 

20 highway safety programs under section 402(c) in each fis21 cal year shall be available, through the end of the suc22 ceeding fiscal year, to the Secretary, acting through the 

23 Administrator of the National Highway Traffic Safety Ad24 ministration— 


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1 ‘‘(1) to provide training, conducted or developed 

2 by Federal or non-Federal entity or personnel, to 

3 Federal, State, and local highway safety personnel; 

4 and 

5 ‘‘(2) to pay for any travel, administrative, and 

6 other expenses related to such training. 

7 ‘‘(f) DRIVER LICENSING AND FITNESS TO DRIVE

8 CLEARINGHOUSE.—From amounts made available under 

9 this section, the Secretary, acting through the Adminis10 trator of the National Highway Traffic Safety Administra11 tion, is authorized to expend $1,280,000 between the date 

12 of enactment of the Motor Vehicle and Highway Safety 

13 Improvement Act of 2012 and September 30, 2013, to es14 tablish an electronic clearinghouse and technical assist15 ance service to collect and disseminate research and anal16 ysis of medical and technical information and best prac17 tices concerning drivers with medical issues that may be 

18 used by State driver licensing agencies in making licensing 

19 qualification decisions. 

20 ‘‘(g) INTERNATIONAL HIGHWAY SAFETY INFORMA21 TION AND COOPERATION.— 

22 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

23 through the Administrator of the National Highway 

24 Traffic Safety Administration, may establish an 


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1 international highway safety information and co2 operation program to— 

3 ‘‘(A) inform the United States highway 

4 safety community of laws, projects, programs, 

5 data, and technology in foreign countries that 

6 could be used to enhance highway safety in the 

7 United States; 

8 ‘‘(B) permit the exchange of information 

9 with foreign countries about laws, projects, pro10 grams, data, and technology that could be used 

11 to enhance highway safety; and 

12 ‘‘(C) allow the Secretary, represented by 

13 the Administrator, to participate and cooperate 

14 in international activities to enhance highway 

15 safety. 

16 ‘‘(2) COOPERATION.—The Secretary may carry 

17 out this subsection in cooperation with any appro18 priate Federal agency, State or local agency or au19 thority, foreign government, or multinational institu20 tion. 

21 ‘‘(h) PROHIBITION ON CERTAIN DISCLOSURES.—Any 

22 report of the National Highway Traffic Safety Adminis23 tration, or of any officer, employee, or contractor of the 

24 National Highway Traffic Safety Administration, relating 

25 to any highway traffic accident or the investigation of such 


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1 accident conducted pursuant to this chapter or chapter 

2 301 shall be made available to the public in a manner that 

3 does not identify individuals. 

4 ‘‘(i) MODEL SPECIFICATIONS FOR DEVICES.—The 

5 Secretary, acting through the Administrator of the Na6 tional Highway Traffic Safety Administration, may— 

7 ‘‘(1) develop model specifications and testing 

8 procedures for devices, including devices designed to 

9 measure the concentration of alcohol in the body; 

10 ‘‘(2) conduct periodic tests of such devices; 

11 ‘‘(3) publish a Conforming Products List of 

12 such devices that have met the model specifications; 

13 and 

14 ‘‘(4) may require that any necessary tests of 

15 such devices are conducted by a Federal laboratory 

16 and paid for by the device manufacturers.’’. 

17 SEC. 31104. NATIONAL DRIVER REGISTER. 

18 Section 30302(b) of title 49, United States Code, is 

19 amended by adding at the end the following: ‘‘The Sec20 retary shall make continual improvements to modernize 

21 the Register’s data processing system.’’. 

22 SEC. 31105. COMBINED OCCUPANT PROTECTION GRANTS. 

23 (a) IN GENERAL.—Section 405 of title 23, United 

24 States Code, is amended to read as follows: 


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1 ‘‘§ 405. Combined occupant protection grants 

2 ‘‘(a) GENERAL AUTHORITY.—Subject to the require3 ments of this section, the Secretary of Transportation 

4 shall award grants to States that adopt and implement 

5 effective occupant protection programs to reduce highway 

6 deaths and injuries resulting from individuals riding unre7 strained or improperly restrained in motor vehicles. 

8 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

9 costs of activities funded using amounts from grants 

10 awarded under this section may not exceed 80 percent for 

11 each fiscal year for which a State receives a grant. 

12 ‘‘(c) ELIGIBILITY.— 

13 ‘‘(1) HIGH SEAT BELT USE RATE.—A State 

14 with an observed seat belt use rate of 90 percent or 

15 higher, based on the most recent data from a survey 

16 that conforms with national criteria established by 

17 the National Highway Traffic Safety Administra18 tion, shall be eligible for a grant in a fiscal year if 

19 the State— 

20 ‘‘(A) submits an occupant protection plan 

21 during the first fiscal year; 

22 ‘‘(B) participates in the Click It or Ticket 

23 national mobilization; 

24 ‘‘(C) has an active network of child re25 straint inspection stations; and 


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1 ‘‘(D) has a plan to recruit, train, and 

2 maintain a sufficient number of child passenger 

3 safety technicians. 

4 ‘‘(2) LOWER SEAT BELT USE RATE.—A State 

5 with an observed seat belt use rate below 90 percent, 

6 based on the most recent data from a survey that 

7 conforms with national criteria established by the 

8 National Highway Traffic Safety Administration, 

9 shall be eligible for a grant in a fiscal year if— 

10 ‘‘(A) the State meets all of the require11 ments under subparagraphs (A) through (D) of 

12 paragraph (1); and 

13 ‘‘(B) the Secretary determines that the 

14 State meets at least 3 of the following criteria: 

15 ‘‘(i) The State conducts sustained (on16 going and periodic) seat belt enforcement 

17 at a defined level of participation during 

18 the year. 

19 ‘‘(ii) The State has enacted and en20 forces a primary enforcement seat belt use 

21 law. 

22 ‘‘(iii) The State has implemented 

23 countermeasure programs for high-risk 

24 populations, such as drivers on rural roadVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ways, unrestrained nighttime drivers, or 

2 teenage drivers. 

3 ‘‘(iv) The State has enacted and en4 forces occupant protection laws requiring 

5 front and rear occupant protection use by 

6 all occupants in an age-appropriate re7 straint. 

8 ‘‘(v) The State has implemented a 

9 comprehensive occupant protection pro10 gram in which the State has— 

11 ‘‘(I) conducted a program assess12 ment; 

13 ‘‘(II) developed a statewide stra14 tegic plan; 

15 ‘‘(III) designated an occupant 

16 protection coordinator; and 

17 ‘‘(IV) established a statewide oc18 cupant protection task force. 

19 ‘‘(vi) The State— 

20 ‘‘(I) completed an assessment of 

21 its occupant protection program dur22 ing the 3-year period preceding the 

23 grant year; or 


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1 ‘‘(II) will conduct such an assess2 ment during the first year of the 

3 grant. 

4 ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds re5 ceived pursuant to this section may be used to— 

6 ‘‘(1) carry out a program to support high-visi7 bility enforcement mobilizations, including paid 

8 media that emphasizes publicity for the program, 

9 and law enforcement; 

10 ‘‘(2) carry out a program to train occupant pro11 tection safety professionals, police officers, fire and 

12 emergency medical personnel, educators, and parents 

13 concerning all aspects of the use of child restraints 

14 and occupant protection; 

15 ‘‘(3) carry out a program to educate the public 

16 concerning the proper use and installation of child 

17 restraints, including related equipment and informa18 tion systems; 

19 ‘‘(4) carry out a program to provide community 

20 child passenger safety services, including programs 

21 about proper seating positions for children and how 

22 to reduce the improper use of child restraints; 

23 ‘‘(5) purchase and distribute child restraints to 

24 low-income families if not more than 5 percent of 


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1 the funds received in a fiscal year are used for this 

2 purpose; 

3 ‘‘(6) establish and maintain information sys4 tems containing data concerning occupant protec5 tion, including the collection and administration of 

6 child passenger safety and occupant protection sur7 veys; and 

8 ‘‘(7) carry out a program to educate the public 

9 concerning the dangers of leaving children unat10 tended in vehicles. 

11 ‘‘(e) GRANT AMOUNT.—The allocation of grant funds 

12 under this section to a State for a fiscal year shall be in 

13 proportion to the State’s apportionment under section 402 

14 for fiscal year 2009. 

15 ‘‘(f) REPORT.—A State that receives a grant under 

16 this section shall submit a report to the Secretary that 

17 documents the manner in which the grant amounts were 

18 obligated and expended and identifies the specific pro19 grams carried out with the grant funds. The report shall 

20 be in a form prescribed by the Secretary and may be com21 bined with other State grant reporting requirements under 

22 chapter 4 of title 23, United States Code. 

23 ‘‘(g) DEFINITIONS.—In this section: 

24 ‘‘(1) CHILD RESTRAINT.—The term ‘child re25 straint’ means any device (including child safety 


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1 seat, booster seat, harness, and excepting seat belts) 

2 designed for use in a motor vehicle to restrain, seat, 

3 or position children who weigh 65 pounds (30 kilo4 grams) or less, and certified to the Federal motor 

5 vehicle safety standard prescribed by the National 

6 Highway Traffic Safety Administration for child re7 straints. 

8 ‘‘(2) SEAT BELT.—The term ‘seat belt’ 

9 means— 

10 ‘‘(A) with respect to open-body motor vehi11 cles, including convertibles, an occupant re12 straint system consisting of a lap belt or a lap 

13 belt and a detachable shoulder belt; and 

14 ‘‘(B) with respect to other motor vehicles, 

15 an occupant restraint system consisting of inte16 grated lap and shoulder belts.’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 chapter 4 of title 23, United States Code, is amended by 

19 striking the item relating to section 405 and inserting the 

20 following: 

‘‘405. Combined occupant protection grants.’’. 

21 SEC. 31106. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

22 IMPROVEMENTS. 

23 Section 408 of title 23, United States Code, is 

24 amended to read as follows: 


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1 ‘‘§ 408. State traffic safety information system im2 provements 

3 ‘‘(a) GENERAL AUTHORITY.—Subject to the require4 ments of this section, the Secretary of Transportation 

5 shall award grants to States to support the development 

6 and implementation of effective State programs that— 

7 ‘‘(1) improve the timeliness, accuracy, complete8 ness, uniformity, integration, and accessibility of the 

9 State safety data that is needed to identify priorities 

10 for Federal, State, and local highway and traffic 

11 safety programs; 

12 ‘‘(2) evaluate the effectiveness of efforts to 

13 make such improvements; 

14 ‘‘(3) link the State data systems, including traf15 fic records, with other data systems within the 

16 State, such as systems that contain medical, road17 way, and economic data; 

18 ‘‘(4) improve the compatibility and interoper19 ability of the data systems of the State with national 

20 data systems and data systems of other States; and 

21 ‘‘(5) enhance the ability of the Secretary to ob22 serve and analyze national trends in crash occur23 rences, rates, outcomes, and circumstances. 

24 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

25 cost of adopting and implementing in a fiscal year a State 


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1 program described in this section may not exceed 80 per2 cent. 

3 ‘‘(c) ELIGIBILITY.—A State is not eligible for a grant 

4 under this section in a fiscal year unless the State dem5 onstrates, to the satisfaction of the Secretary, that the 

6 State— 

7 ‘‘(1) has a functioning traffic records coordi8 nating committee (referred to in this subsection as 

9 ‘TRCC’) that meets at least 3 times a year; 

10 ‘‘(2) has designated a TRCC coordinator; 

11 ‘‘(3) has established a State traffic record stra12 tegic plan that has been approved by the TRCC and 

13 describes specific quantifiable and measurable im14 provements anticipated in the State’s core safety 

15 databases, including crash, citation or adjudication, 

16 driver, emergency medical services or injury surveil17 lance system, roadway, and vehicle databases; 

18 ‘‘(4) has demonstrated quantitative progress in 

19 relation to the significant data program attribute 

20 of— 

21 ‘‘(A) accuracy; 

22 ‘‘(B) completeness; 

23 ‘‘(C) timeliness; 

24 ‘‘(D) uniformity; 

25 ‘‘(E) accessibility; or 


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1 ‘‘(F) integration of a core highway safety 

2 database; and 

3 ‘‘(5) has certified to the Secretary that an as4 sessment of the State’s highway safety data and 

5 traffic records system was conducted or updated 

6 during the preceding 5 years. 

7 ‘‘(d) USE OF GRANT AMOUNTS.—Grant funds re8 ceived by a State under this section shall be used for mak9 ing data program improvements to core highway safety 

10 databases related to quantifiable, measurable progress in 

11 any of the 6 significant data program attributes set forth 

12 in subsection (c)(4). 

13 ‘‘(e) GRANT AMOUNT.—The allocation of grant funds 

14 under this section to a State for a fiscal year shall be in 

15 proportion to the State’s apportionment under section 402 

16 for fiscal year 2009.’’. 

17 SEC. 31107. IMPAIRED DRIVING COUNTERMEASURES. 

18 (a) IN GENERAL.—Section 410 of title 23, United 

19 States Code, is amended to read as follows: 

20 ‘‘§ 410. Impaired driving countermeasures 

21 ‘‘(a) GRANTS AUTHORIZED.—Subject to the require22 ments of this section, the Secretary of Transportation 

23 shall award grants to States that adopt and implement— 


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1 ‘‘(1) effective programs to reduce driving under 

2 the influence of alcohol, drugs, or the combination of 

3 alcohol and drugs; or 

4 ‘‘(2) alcohol-ignition interlock laws. 

5 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

6 costs of activities funded using amounts from grants 

7 under this section may not exceed 80 percent in any fiscal 

8 year in which the State receives a grant. 

9 ‘‘(c) ELIGIBILITY.— 

10 ‘‘(1) LOW-RANGE STATES.—Low-range States 

11 shall be eligible for a grant under this section. 

12 ‘‘(2) MID-RANGE STATES.—A mid-range State 

13 shall be eligible for a grant under this section if— 

14 ‘‘(A) a statewide impaired driving task 

15 force in the State developed a statewide plan 

16 during the most recent 3 calendar years to ad17 dress the problem of impaired driving; or 

18 ‘‘(B) the State will convene a statewide im19 paired driving task force to develop such a plan 

20 during the first year of the grant. 

21 ‘‘(3) HIGH-RANGE STATES.—A high-range 

22 State shall be eligible for a grant under this section 

23 if the State— 


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1 ‘‘(A)(i) conducted an assessment of the 

2 State’s impaired driving program during the 

3 most recent 3 calendar years; or 

4 ‘‘(ii) will conduct such an assessment dur5 ing the first year of the grant; 

6 ‘‘(B) convenes, during the first year of the 

7 grant, a statewide impaired driving task force 

8 to develop a statewide plan that— 

9 ‘‘(i) addresses any recommendations 

10 from the assessment conducted under sub11 paragraph (A); 

12 ‘‘(ii) includes a detailed plan for 

13 spending any grant funds provided under 

14 this section; and 

15 ‘‘(iii) describes how such spending 

16 supports the statewide program; 

17 ‘‘(C)(i) submits the statewide plan to the 

18 National Highway Traffic Safety Administra19 tion during the first year of the grant for the 

20 agency’s review and approval; 

21 ‘‘(ii) annually updates the statewide plan 

22 in each subsequent year of the grant; and 

23 ‘‘(iii) submits each updated statewide plan 

24 for the agency’s review and comment; and 


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1 ‘‘(D) appoints a full or part-time impaired 

2 driving coordinator— 

3 ‘‘(i) to coordinate the State’s activities 

4 to address enforcement and adjudication of 

5 laws to address driving while impaired by 

6 alcohol; and 

7 ‘‘(ii) to oversee the implementation of 

8 the statewide plan. 

9 ‘‘(d) USE OF GRANT AMOUNTS.— 

10 ‘‘(1) REQUIRED PROGRAMS.—High-range 

11 States shall use grant funds for— 

12 ‘‘(A) high visibility enforcement efforts; 

13 and 

14 ‘‘(B) any of the activities described in 

15 paragraph (2) if— 

16 ‘‘(i) the activity is described in the 

17 statewide plan; and 

18 ‘‘(ii) the Secretary approves the use of 

19 funding for such activity. 

20 ‘‘(2) AUTHORIZED PROGRAMS.—Medium-range 

21 and low-range States may use grant funds for— 

22 ‘‘(A) any of the purposes described in 

23 paragraph (1); 

24 ‘‘(B) paid and earned media in support of 

25 high visibility enforcement efforts; 


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1 ‘‘(C) hiring a full-time or part-time im2 paired driving coordinator of the State’s activi3 ties to address the enforcement and adjudica4 tion of laws regarding driving while impaired by 

5 alcohol; 

6 ‘‘(D) court support of high visibility en7 forcement efforts; 

8 ‘‘(E) alcohol ignition interlock programs; 

9 ‘‘(F) improving blood-alcohol concentration 

10 testing and reporting; 

11 ‘‘(G) establishing driving while intoxicated 

12 courts; 

13 ‘‘(H) conducting— 

14 ‘‘(i) standardized field sobriety train15 ing; 

16 ‘‘(ii) advanced roadside impaired driv17 ing evaluation training; and 

18 ‘‘(iii) drug recognition expert training 

19 for law enforcement; 

20 ‘‘(I) training and education of criminal jus21 tice professionals (including law enforcement, 

22 prosecutors, judges and probation officers) to 

23 assist such professionals in handling impaired 

24 driving cases; 

25 ‘‘(J) traffic safety resource prosecutors; 


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1 ‘‘(K) judicial outreach liaisons; 

2 ‘‘(L) equipment and related expenditures 

3 used in connection with impaired driving en4 forcement in accordance with criteria estab5 lished by the National Highway Traffic Safety 

6 Administration; 

7 ‘‘(M) training on the use of alcohol screen8 ing and brief intervention; 

9 ‘‘(N) developing impaired driving informa10 tion systems; and 

11 ‘‘(O) costs associated with a ‘24-7 sobriety 

12 program’. 

13 ‘‘(3) OTHER PROGRAMS.—Low-range States 

14 may use grant funds for any expenditure designed to 

15 reduce impaired driving based on problem identifica16 tion. Medium and high-range States may use funds 

17 for such expenditures upon approval by the Sec18 retary. 

19 ‘‘(e) GRANT AMOUNT.—Subject to subsection (f), the 

20 allocation of grant funds to a State under this section for 

21 a fiscal year shall be in proportion to the State’s appor22 tionment under section 402(c) for fiscal year 2009. 

23 ‘‘(f) GRANTS TO STATES THAT ADOPT AND EN24 FORCE MANDATORY ALCOHOL-IGNITION INTERLOCK

25 LAWS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall make a 

2 separate grant under this section to each State that 

3 adopts and is enforcing a mandatory alcohol-ignition 

4 interlock law for all individuals convicted of driving 

5 under the influence of alcohol or of driving while in6 toxicated. 

7 ‘‘(2) USE OF FUNDS.—Such grants may be 

8 used by recipient States only for costs associated 

9 with the State’s alcohol-ignition interlock program, 

10 including screening, assessment, and program and 

11 offender oversight. 

12 ‘‘(3) ALLOCATION.—Funds made available 

13 under this subsection shall be allocated among 

14 States described in paragraph (1) on the basis of the 

15 apportionment formula under section 402(c). 

16 ‘‘(4) FUNDING.—Not more than 15 percent of 

17 the amounts made available to carry out this section 

18 in a fiscal year shall be made available by the Sec19 retary for making grants under this subsection. 

20 ‘‘(g) DEFINITIONS.—In this section: 

21 ‘‘(1) 24-7 SOBRIETY PROGRAM.—The term ‘24- 

22 7 sobriety program’ means a State law or program 

23 that authorizes a State court or a State agency, as 

24 a condition of sentence, probation, parole, or work 

25 permit, to— 


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1 ‘‘(A) require an individual who plead guilty 

2 or was convicted of driving under the influence 

3 of alcohol or drugs to totally abstain from alco4 hol or drugs for a period of time; and 

5 ‘‘(B) require the individual to be subject to 

6 testing for alcohol or drugs— 

7 ‘‘(i) at least twice a day; 

8 ‘‘(ii) by continuous transdermal alco9 hol monitoring via an electronic monitoring 

10 device; or 

11 ‘‘(iii) by an alternate method with the 

12 concurrence of the Secretary. 

13 ‘‘(2) AVERAGE IMPAIRED DRIVING FATALITY

14 RATE.—The term ‘average impaired driving fatality 

15 rate’ means the number of fatalities in motor vehicle 

16 crashes involving a driver with a blood alcohol con17 centration of at least 0.08 for every 100,000,000 ve18 hicle miles traveled, based on the most recently re19 ported 3 calendar years of final data from the Fatal20 ity Analysis Reporting System, as calculated in ac21 cordance with regulations prescribed by the Adminis22 trator of the National Highway Traffic Safety Ad23 ministration. 


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1 ‘‘(3) HIGH-RANGE STATE.—The term ‘high2 range State’ means a State that has an average im3 paired driving fatality rate of 0.60 or higher. 

4 ‘‘(4) LOW-RANGE STATE.—The term ‘low-range 

5 State’ means a State that has an average impaired 

6 driving fatality rate of 0.30 or lower. 

7 ‘‘(5) MID-RANGE STATE.—The term ‘mid-range 

8 State’ means a State that has an average impaired 

9 driving fatality rate that is higher than 0.30 and 

10 lower than 0.60.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 4 of title 23, United States Code, is amended by 

13 striking the item relating to section 410 and inserting the 

14 following: 

‘‘410. Impaired driving countermeasures.’’. 

15 SEC. 31108. DISTRACTED DRIVING GRANTS. 

16 (a) IN GENERAL.—Section 411 of title 23, United 

17 States Code, is amended to read as follows: 

18 ‘‘§ 411. Distracted driving grants 

19 ‘‘(a) IN GENERAL.—The Secretary shall award a 

20 grant under this section to any State that enacts and en21 forces a statute that meets the requirements set forth in 

22 subsections (b) and (c). 

23 ‘‘(b) PROHIBITION ON TEXTING WHILE DRIVING.— 

24 A State statute meets the requirements set forth in this 

25 subsection if the statute— 


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1 ‘‘(1) prohibits drivers from texting through a 

2 personal wireless communications device while driv3 ing; 

4 ‘‘(2) makes violation of the statute a primary 

5 offense; 

6 ‘‘(3) establishes— 

7 ‘‘(A) a minimum fine for a first violation 

8 of the statute; and 

9 ‘‘(B) increased fines for repeat violations; 

10 and 

11 ‘‘(4) provides increased civil and criminal pen12 alties than would otherwise apply if a vehicle acci13 dent is caused by a driver who is using such a device 

14 in violation of the statute. 

15 ‘‘(c) PROHIBITION ON YOUTH CELL PHONE USE

16 WHILE DRIVING.—A State statute meets the require17 ments set forth in this subsection if the statute— 

18 ‘‘(1) prohibits a driver who is younger than 18 

19 years of age from using a personal wireless commu20 nications device while driving; 

21 ‘‘(2) makes violation of the statute a primary 

22 offense; 

23 ‘‘(3) requires distracted driving issues to be 

24 tested as part of the State driver’s license examina25 tion; 


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1 ‘‘(4) establishes— 

2 ‘‘(A) a minimum fine for a first violation 

3 of the statute; and 

4 ‘‘(B) increased fines for repeat violations; 

5 and 

6 ‘‘(5) provides increased civil and criminal pen7 alties than would otherwise apply if a vehicle acci8 dent is caused by a driver who is using such a device 

9 in violation of the statute. 

10 ‘‘(d) PERMITTED EXCEPTIONS.—A statute that 

11 meets the requirements set forth in subsections (b) and 

12 (c) may provide exceptions for— 

13 ‘‘(1) a driver who uses a personal wireless com14 munications device to contact emergency services; 

15 ‘‘(2) emergency services personnel who use a 

16 personal wireless communications device while— 

17 ‘‘(A) operating an emergency services vehi18 cle; and 

19 ‘‘(B) engaged in the performance of their 

20 duties as emergency services personnel; and 

21 ‘‘(3) an individual employed as a commercial 

22 motor vehicle driver or a school bus driver who uses 

23 a personal wireless communications device within the 

24 scope of such individual’s employment if such use is 


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1 permitted under the regulations promulgated pursu2 ant to section 31152 of title 49. 

3 ‘‘(e) USE OF GRANT FUNDS.—Of the grant funds re4 ceived by a State under this section— 

5 ‘‘(1) at least 50 percent shall be used— 

6 ‘‘(A) to educate the public through adver7 tising containing information about the dangers 

8 of texting or using a cell phone while driving; 

9 ‘‘(B) for traffic signs that notify drivers 

10 about the distracted driving law of the State; or 

11 ‘‘(C) for law enforcement costs related to 

12 the enforcement of the distracted driving law; 

13 and 

14 ‘‘(2) up to 50 percent may be used for other 

15 projects that— 

16 ‘‘(A) improve traffic safety; and 

17 ‘‘(B) are consistent with the criteria set 

18 forth in section 402(a). 

19 ‘‘(f) ADDITIONAL GRANTS.—In fiscal year 2012, the 

20 Secretary may use up to 25 percent of the funding avail21 able for grants under this section to award grants to 

22 States that— 

23 ‘‘(1) enacted statutes before July 1, 2011, 

24 which meet the requirements under paragraphs (1) 

25 and (2) of subsection (b); and 


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1 ‘‘(2) are otherwise ineligible for a grant under 

2 this section. 

3 ‘‘(g) DISTRACTED DRIVING STUDY.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall con5 duct a study of all forms of distracted driving. 

6 ‘‘(2) COMPONENTS.—The study conducted 

7 under paragraph (1) shall— 

8 ‘‘(A) examine the effect of distractions 

9 other than the use of personal wireless commu10 nications on motor vehicle safety; 

11 ‘‘(B) identify metrics to determine the na12 ture and scope of the distracted driving prob13 lem; 

14 ‘‘(C) identify the most effective methods to 

15 enhance education and awareness; and 

16 ‘‘(D) identify the most effective method of 

17 reducing deaths and injuries caused by all 

18 forms of distracted driving. 

19 ‘‘(3) REPORT.—Not later than 1 year after the 

20 date of enactment of the Motor Vehicle and High21 way Safety Improvement Act of 2012, the Secretary 

22 shall submit a report containing the results of the 

23 study conducted under this subsection to— 

24 ‘‘(A) the Committee on Commerce, 

25 Science, and Transportation of the Senate; and 


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1 ‘‘(B) the Committee on Transportation 

2 and Infrastructure of the House of Representa3 tives. 

4 ‘‘(h) DEFINITIONS.—In this section: 

5 ‘‘(1) DRIVING.—The term ‘driving’— 

6 ‘‘(A) means operating a motor vehicle on a 

7 public road, including operation while tempo8 rarily stationary because of traffic, a traffic 

9 light or stop sign, or otherwise; and 

10 ‘‘(B) does not include operating a motor 

11 vehicle when the vehicle has pulled over to the 

12 side of, or off, an active roadway and has 

13 stopped in a location where it can safely remain 

14 stationary. 

15 ‘‘(2) PERSONAL WIRELESS COMMUNICATIONS

16 DEVICE.—The term ‘personal wireless communica17 tions device’— 

18 ‘‘(A) means a device through which per19 sonal wireless services (as defined in section 

20 332(c)(7)(C)(i) of the Communications Act of 

21 1934 (47 U.S.C. 332(c)(7)(C)(i))) are trans22 mitted; and 

23 ‘‘(B) does not include a global navigation 

24 satellite system receiver used for positioning, 

25 emergency notification, or navigation purposes. 


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1 ‘‘(3) PRIMARY OFFENSE.—The term ‘primary 

2 offense’ means an offense for which a law enforce3 ment officer may stop a vehicle solely for the pur4 pose of issuing a citation in the absence of evidence 

5 of another offense. 

6 ‘‘(4) PUBLIC ROAD.—The term ‘public road’ 

7 has the meaning given that term in section 402(c). 

8 ‘‘(5) TEXTING.—The term ‘texting’ means 

9 reading from or manually entering data into a per10 sonal wireless communications device, including 

11 doing so for the purpose of SMS texting, e-mailing, 

12 instant messaging, or engaging in any other form of 

13 electronic data retrieval or electronic data commu14 nication.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 4 of title 23, United States Code, is amended by 

17 striking the item relating to section 411 and inserting the 

18 following: 

‘‘411. Distracted driving grants.’’. 

19 SEC. 31109. HIGH VISIBILITY ENFORCEMENT PROGRAM. 

20 Section 2009 of SAFETEA–LU (23 U.S.C. 402 

21 note) is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘at least 2’’ and inserting 

24 ‘‘at least 3’’; and 


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1 (B) by striking ‘‘years 2006 through 

2 2012.’’ and inserting ‘‘fiscal years 2012 and 

3 2013. The Administrator may also initiate and 

4 support additional campaigns in each of fiscal 

5 years 2012 and 2013 for the purposes specified 

6 in subsection (b).’’; 

7 (2) in subsection (b) by striking ‘‘either or 

8 both’’ and inserting ‘‘outcomes related to at least 

9 1’’; 

10 (3) in subsection (c), by inserting ‘‘and Inter11 net-based outreach’’ after ‘‘print media advertising’’; 

12 (4) in subsection (e), by striking ‘‘subsections 

13 (a), (c), and (f)’’ and inserting ‘‘subsection (c)’’; 

14 (5) by striking subsection (f); and 

15 (6) by redesignating subsection (g) as sub16 section (f). 

17 SEC. 31110. MOTORCYCLIST SAFETY. 

18 Section 2010 of SAFETEA–LU (23 U.S.C. 402 

19 note) is amended— 

20 (1) by striking subsections (b) and (g); 

21 (2) by redesignating subsections (c), (d), (e), 

22 and (f) as subsections (b), (c), (d), and (e), respec23 tively; and 

24 (3) in subsection (c)(1), as redesignated, by 

25 striking ‘‘to the satisfaction of the Secretary—’’ and 


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1 all that follows and inserting ‘‘, to the satisfaction 

2 of the Secretary, at least 2 of the 6 criteria listed 

3 in paragraph (2).’’. 

4 SEC. 31111. DRIVER ALCOHOL DETECTION SYSTEM FOR 

5 SAFETY RESEARCH. 

6 (a) IN GENERAL.—Chapter 4 of title 23, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 413. In-vehicle alcohol detection device research 

10 ‘‘(a) IN GENERAL.—The Administrator of the Na11 tional Highway Traffic Safety Administration shall carry 

12 out a collaborative research effort under chapter 301 of 

13 title 49, United States Code, to continue to explore the 

14 feasibility and the potential benefits of, and the public pol15 icy challenges associated with, more widespread deploy16 ment of in-vehicle technology to prevent alcohol-impaired 

17 driving. 

18 ‘‘(b) REPORTS.—The Administrator shall submit a 

19 report annually to the Senate Committee on Commerce, 

20 Science, and Transportation and the House of Represent21 atives Committee on Transportation and Infrastructure— 

22 ‘‘(1) describing progress in carrying out the col23 laborative research effort; and 


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1 ‘‘(2) including an accounting for the use of 

2 Federal funds obligated or expended in carrying out 

3 that effort. 

4 ‘‘(c) DEFINITIONS.—In this title: 

5 ‘‘(1) ALCOHOL-IMPAIRED DRIVING.—The term 

6 ‘alcohol-impaired driving’ means operation of a 

7 motor vehicle (as defined in section 30102(a)(6) of 

8 title 49, United States Code) by an individual whose 

9 blood alcohol content is at or above the legal limit. 

10 ‘‘(2) LEGAL LIMIT.—The term ‘legal limit’ 

11 means a blood alcohol concentration of 0.08 percent 

12 or greater (as specified by chapter 163 of title 23, 

13 United States Code) or such other percentage limita14 tion as may be established by applicable Federal, 

15 State, or local law.’’. 

16 (b) CLERICAL AMENDMENT.—The analysis for chap17 ter 4 of title 23, United States Code, is amended by insert18 ing after the item relating to section 412 the following: 

‘‘413. In-vehicle alcohol detection device research.’’. 

19 SEC. 31112. STATE GRADUATED DRIVER LICENSING LAWS. 

20 (a) IN GENERAL.—Chapter 4 of title 23, United 

21 States Code, as amended by this title, is further amended 

22 by adding at the end the following: 


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1 ‘‘§ 414. State Graduated Driver Licensing Incentive 

2 Grant 

3 ‘‘(a) GRANTS AUTHORIZED.—Subject to the require4 ments of this section, the Secretary shall award grants to 

5 States that adopt and implement graduated driver licens6 ing laws in accordance with the requirements set forth in 

7 subsection (b). 

8 ‘‘(b) MINIMUM REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—A State meets the require10 ments set forth in this subsection if the State has 

11 a graduated driver licensing law that requires novice 

12 drivers younger than 21 years of age to comply with 

13 the 2-stage licensing process described in paragraph 

14 (2) before receiving an unrestricted driver’s license. 

15 ‘‘(2) LICENSING PROCESS.—A State is in com16 pliance with the 2-stage licensing process described 

17 in this paragraph if the State’s driver’s license laws 

18 include— 

19 ‘‘(A) a learner’s permit stage that— 

20 ‘‘(i) is at least 6 months in duration; 

21 ‘‘(ii) prohibits the driver from using a 

22 cellular telephone or any communications 

23 device in a nonemergency situation; and 

24 ‘‘(iii) remains in effect until the driv25 er— 


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1 ‘‘(I) reaches 16 years of age and 

2 enters the intermediate stage; or 

3 ‘‘(II) reaches 18 years of age; 

4 ‘‘(B) an intermediate stage that— 

5 ‘‘(i) commences immediately after the 

6 expiration of the learner’s permit stage; 

7 ‘‘(ii) is at least 6 months in duration; 

8 ‘‘(iii) prohibits the driver from using a 

9 cellular telephone or any communications 

10 device in a nonemergency situation; 

11 ‘‘(iv) restricts driving at night; 

12 ‘‘(v) prohibits the driver from oper13 ating a motor vehicle with more than 1 

14 nonfamilial passenger younger than 21 

15 years of age unless a licensed driver who is 

16 at least 21 years of age is in the motor ve17 hicle; and 

18 ‘‘(vi) remains in effect until the driver 

19 reaches 18 years of age; and 

20 ‘‘(C) any other requirement prescribed by 

21 the Secretary of Transportation, including— 

22 ‘‘(i) in the learner’s permit stage— 

23 ‘‘(I) at least 40 hours of behind24 the-wheel training with a licensed 

25 driver who is at least 21 years of age; 


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1 ‘‘(II) a driver training course; 

2 and 

3 ‘‘(III) a requirement that the 

4 driver be accompanied and supervised 

5 by a licensed driver, who is at least 21 

6 years of age, at all times while such 

7 driver is operating a motor vehicle; 

8 and 

9 ‘‘(ii) in the learner’s permit or inter10 mediate stage, a requirement, in addition 

11 to any other penalties imposed by State 

12 law, that the grant of an unrestricted driv13 er’s license be automatically delayed for 

14 any individual who, during the learner’s 

15 permit or intermediate stage, is convicted 

16 of a driving-related offense, including— 

17 ‘‘(I) driving while intoxicated; 

18 ‘‘(II) misrepresentation of his or 

19 her true age; 

20 ‘‘(III) reckless driving; 

21 ‘‘(IV) driving without wearing a 

22 seat belt; 

23 ‘‘(V) speeding; or 


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1 ‘‘(VI) any other driving-related 

2 offense, as determined by the Sec3 retary. 

4 ‘‘(c) RULEMAKING.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall pro6 mulgate regulations necessary to implement the re7 quirements under subsection (b), in accordance with 

8 the notice and comment provisions under section 

9 553 of title 5, United States Code. 

10 ‘‘(2) EXCEPTION.—A State that otherwise 

11 meets the minimum requirements set forth in sub12 section (b) shall be deemed by the Secretary to be 

13 in compliance with the requirement set forth in sub14 section (b) if the State enacted a law before January 

15 1, 2011, establishing a class of license that permits 

16 licensees or applicants younger than 18 years of age 

17 to drive a motor vehicle— 

18 ‘‘(A) in connection with work performed 

19 on, or for the operation of, a farm owned by 

20 family members who are directly related to the 

21 applicant or licensee; or 

22 ‘‘(B) if demonstrable hardship would result 

23 from the denial of a license to the licensees or 

24 applicants. 


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1 ‘‘(d) ALLOCATION.—Grant funds allocated to a State 

2 under this section for a fiscal year shall be in proportion 

3 to a State’s apportionment under section 402 for such fis4 cal year. 

5 ‘‘(e) USE OF FUNDS.—Grant funds received by a 

6 State under this section may be used for— 

7 ‘‘(1) enforcing a 2-stage licensing process that 

8 complies with subsection (b)(2); 

9 ‘‘(2) training for law enforcement personnel and 

10 other relevant State agency personnel relating to the 

11 enforcement described in paragraph (1); 

12 ‘‘(3) publishing relevant educational materials 

13 that pertain directly or indirectly to the State grad14 uated driver licensing law; 

15 ‘‘(4) carrying out other administrative activities 

16 that the Secretary considers relevant to the State’s 

17 2-stage licensing process; and 

18 ‘‘(5) carrying out a teen traffic safety program 

19 described in section 402(m).’’. 

20 SEC. 31113. AGENCY ACCOUNTABILITY. 

21 Section 412 of title 23, United States Code, is 

22 amended— 

23 (1) by amending subsection (a) to read as fol24 lows: 

25 ‘‘(a) TRIENNIAL STATE MANAGEMENT REVIEWS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided under 

2 paragraph (2), the Secretary shall conduct a review 

3 of each State highway safety program at least once 

4 every 3 years. 

5 ‘‘(2) EXCEPTIONS.—The Secretary may con6 duct reviews of the highway safety programs of the 

7 United States Virgin Islands, Guam, American 

8 Samoa, and the Commonwealth of the Northern 

9 Mariana Islands as often as the Secretary deter10 mines to be appropriate. 

11 ‘‘(3) COMPONENTS.—Reviews under this sub12 section shall include— 

13 ‘‘(A) a management evaluation of all grant 

14 programs funded under this chapter; 

15 ‘‘(B) an assessment of State data collec16 tion and evaluation relating to performance 

17 measures established by the Secretary; 

18 ‘‘(C) a comparison of State efforts under 

19 subparagraphs (A) and (B) to best practices 

20 and programs that have been evaluated for ef21 fectiveness; and 

22 ‘‘(D) the development of recommendations 

23 on how each State could— 

24 ‘‘(i) improve the management and 

25 oversight of its grant activities; and 


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1 ‘‘(ii) provide a management and over2 sight plan for such grant programs.’’; and 

3 (2) by striking subsection (f). 

4 SEC. 31114. EMERGENCY MEDICAL SERVICES. 

5 Section 10202 of Public Law 109–59 (42 U.S.C. 

6 300d–4), is amended by adding at the end the following: 

7 ‘‘(b) NATIONAL EMERGENCY MEDICAL SERVICES

8 ADVISORY COUNCIL.— 

9 ‘‘(1) ESTABLISHMENT.—The Secretary of 

10 Transportation, in coordination with the Secretary 

11 of Health and Human Services and the Secretary of 

12 Homeland Security, shall establish a National Emer13 gency Medical Services Advisory Council (referred to 

14 in this subsection as the ‘Advisory Council’). 

15 ‘‘(2) MEMBERSHIP.—The Advisory Council 

16 shall be composed of 25 members, who— 

17 ‘‘(A) shall be appointed by the Secretary of 

18 Transportation; and 

19 ‘‘(B) shall collectively be representative of 

20 all sectors of the emergency medical services 

21 community. 

22 ‘‘(3) PURPOSES.—The purposes of the Advisory 

23 Council are to advise and consult with— 


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1 ‘‘(A) the Federal Interagency Committee 

2 on Emergency Medical Services on matters re3 lating to emergency medical services issues; and 

4 ‘‘(B) the Secretary of Transportation on 

5 matters relating to emergency medical services 

6 issues affecting the Department of Transpor7 tation. 

8 ‘‘(4) ADMINISTRATION.—The Administrator of 

9 the National Highway Traffic Safety Administration 

10 shall provide administrative support to the Advisory 

11 Council, including scheduling meetings, setting agen12 das, keeping minutes and records, and producing re13 ports. 

14 ‘‘(5) LEADERSHIP.—The members of the Advi15 sory Council shall annually select a chairperson of 

16 the Council. 

17 ‘‘(6) MEETINGS.—The Advisory Council shall 

18 meet as frequently as is determined necessary by the 

19 chairperson of the Council. 

20 ‘‘(7) ANNUAL REPORTS.—The Advisory Council 

21 shall prepare an annual report to the Secretary of 

22 Transportation regarding the Council’s actions and 

23 recommendations.’’. 


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1 Subtitle B—Enhanced Safety 

2 Authorities 

3 SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT. 

4 Section 30102(a)(7)(C) of title 49, United States 

5 Code, is amended to read as follows: 

6 ‘‘(C) any device or an article or apparel, 

7 including a motorcycle helmet and excluding 

8 medicine or eyeglasses prescribed by a licensed 

9 practitioner, that— 

10 ‘‘(i) is not a system, part, or compo11 nent of a motor vehicle; and 

12 ‘‘(ii) is manufactured, sold, delivered, 

13 or offered to be sold for use on public 

14 streets, roads, and highways with the ap15 parent purpose of safeguarding motor vehi16 cles and highway users against risk of acci17 dent, injury, or death.’’. 

18 SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF 

19 SAFETY BELTS. 

20 (a) IN GENERAL.—Chapter 301 of title 49, United 

21 States Code, is amended— 

22 (1) in section 30122, by striking subsection (d); 

23 and 

24 (2) by amending section 30124 to read as fol25 lows: 


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1 ‘‘§ 30124. Nonuse of safety belts 

2 ‘‘A motor vehicle safety standard prescribed under 

3 this chapter may not require a manufacturer to comply 

4 with the standard by using a safety belt interlock designed 

5 to prevent starting or operating a motor vehicle if an occu6 pant is not using a safety belt.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 chapter 301 of title 49, United States Code, is amended 

9 by striking the item relating to section 30124 and insert10 ing the following: 

‘‘Sec. 30124. Nonuse of safety belts.’’. 

11 SEC. 31203. CIVIL PENALTIES. 

12 (a) IN GENERAL.—Section 30165 of title 49, United 

13 States Code, is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (1)— 

16 (i) by striking ‘‘30123(d)’’ and insert17 ing ‘‘30123(a)’’; and 

18 (ii) by striking ‘‘$15,000,000’’ and in19 serting ‘‘$250,000,000’’; and 

20 (B) in paragraph (3), by striking 

21 ‘‘$15,000,000’’ and inserting ‘‘$250,000,000’’; 

22 and 

23 (2) by amending subsection (c) to read as fol24 lows: 


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1 ‘‘(c) RELEVANT FACTORS IN DETERMINING AMOUNT

2 OF PENALTY OR COMPROMISE.—In determining the 

3 amount of a civil penalty or compromise under this sec4 tion, the Secretary of Transportation shall consider the 

5 nature, circumstances, extent, and gravity of the violation. 

6 Such determination shall include, as appropriate— 

7 ‘‘(1) the nature of the defect or noncompliance; 

8 ‘‘(2) knowledge by the person charged of its ob9 ligation to recall or notify the public; 

10 ‘‘(3) the severity of the risk of injury; 

11 ‘‘(4) the occurrence or absence of injury; 

12 ‘‘(5) the number of motor vehicles or items of 

13 motor vehicle equipment distributed with the defect 

14 or noncompliance; 

15 ‘‘(6) the existence of an imminent hazard; 

16 ‘‘(7) actions taken by the person charged to 

17 identify, investigate, or mitigate the condition; 

18 ‘‘(8) the appropriateness of such penalty in re19 lation to the size of the business of the person 

20 charged, including the potential for undue adverse 

21 economic impacts; 

22 ‘‘(9) whether the person has previously been as23 sessed civil penalties under this section during the 

24 most recent 5 years; and 

25 ‘‘(10) other appropriate factors.’’. 


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1 (b) CIVIL PENALTY CRITERIA.—Not later than 1 

2 year after the date of the enactment of this Act, the Sec3 retary shall issue a final rule, in accordance with the pro4 cedures of section 553 of title 5, United States Code, 

5 which provides an interpretation of the penalty factors de6 scribed in section 30165(c) of title 49, United States 

7 Code. 

8 (c) CONSTRUCTION.—Nothing in this section may be 

9 construed as preventing the imposition of penalties under 

10 section 30165 of title 49, United States Code, before the 

11 issuance of a final rule under subsection (b). 

12 SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DE13 VELOPMENT. 

14 (a) IN GENERAL.—Chapter 301 of title 49, United 

15 States Code, is amended by adding at the end the fol16 lowing: 

17 ‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY 

18 RESEARCH AND DEVELOPMENT 

19 ‘‘§ 30181. Policy 

20 ‘‘The Secretary of Transportation shall conduct re21 search, development, and testing on any area or aspect 

22 of motor vehicle safety necessary to carry out this chapter. 

23 ‘‘§ 30182. Powers and duties 

24 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

25 shall— 


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1 ‘‘(1) conduct motor vehicle safety research, de2 velopment, and testing programs and activities, in3 cluding new and emerging technologies that impact 

4 or may impact motor vehicle safety; 

5 ‘‘(2) collect and analyze all types of motor vehi6 cle and highway safety data and related information 

7 to determine the relationship between motor vehicle 

8 or motor vehicle equipment performance characteris9 tics and— 

10 ‘‘(A) accidents involving motor vehicles; 

11 and 

12 ‘‘(B) deaths or personal injuries resulting 

13 from those accidents; 

14 ‘‘(3) promote, support, and advance the edu15 cation and training of motor vehicle safety staff of 

16 the National Highway Traffic Safety Administra17 tion, including using program funds for— 

18 ‘‘(A) planning, implementing, conducting, 

19 and presenting results of program activities; 

20 and 

21 ‘‘(B) travel and related expenses; 

22 ‘‘(4) obtain experimental and other motor vehi23 cles and motor vehicle equipment for research or 

24 testing; 


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1 ‘‘(5)(A) use any test motor vehicles and motor 

2 vehicle equipment suitable for continued use, as de3 termined by the Secretary to assist in carrying out 

4 this chapter or any other chapter of this title; or 

5 ‘‘(B) sell or otherwise dispose of test motor ve6 hicles and motor vehicle equipment and use the re7 sulting proceeds to carry out this chapter; 

8 ‘‘(6) award grants to States and local govern9 ments, interstate authorities, and nonprofit institu10 tions; and 

11 ‘‘(7) enter into cooperative agreements, collabo12 rative research, or contracts with Federal agencies, 

13 interstate authorities, State and local governments, 

14 other public entities, private organizations and per15 sons, nonprofit institutions, colleges and universities, 

16 consumer advocacy groups, corporations, partner17 ships, sole proprietorships, trade associations, Fed18 eral laboratories (including government-owned, gov19 ernment-operated laboratories and government20 owned, contractor-operated laboratories), and foreign 

21 governments and research organizations. 

22 ‘‘(b) USE OF PUBLIC AGENCIES.—In carrying out 

23 this subchapter, the Secretary shall avoid duplication by 

24 using the services, research, and testing facilities of public 

25 agencies, as appropriate. 


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1 ‘‘(c) FACILITIES.—The Secretary may plan, design, 

2 and build a new facility or modify an existing facility to 

3 conduct research, development, and testing in traffic safe4 ty, highway safety, and motor vehicle safety. 

5 ‘‘(d) AVAILABILITY OF INFORMATION, PATENTS, AND

6 DEVELOPMENTS.—When the United States Government 

7 makes more than a minimal contribution to a research or 

8 development activity under this chapter, the Secretary 

9 shall include in the arrangement for the activity a provi10 sion to ensure that all information, patents, and develop11 ments related to the activity are available to the public 

12 without charge. The owner of a background patent may 

13 not be deprived of a right under the patent. 

14 ‘‘§ 30183. Prohibition on certain disclosures. 

15 ‘‘Any report of the National Highway Traffic Safety 

16 Administration, or of any officer, employee, or contractor 

17 of the National Highway Traffic Safety Administration, 

18 relating to any highway traffic accident or the investiga19 tion of such accident conducted pursuant to this chapter 

20 or section 403 of title 23, shall be made available to the 

21 public in a manner that does not identify individuals.’’. 

22 (b) CONFORMING AMENDMENTS.— 

23 (1) AMENDMENT OF CHAPTER ANALYSIS.—The 

24 chapter analysis for chapter 301 of title 49, United 


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1 States Code, is amended by adding at the end the 

2 following: 

‘‘SUBCHAPTER V—MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

‘‘30181. Policy. 

‘‘30182. Powers and duties. 

‘‘30183. Prohibition on certain disclosures.’’. 

3 (2) DELETION OF REDUNDANT MATERIAL.— 

4 Chapter 301 of title 49, United States Code, is 

5 amended— 

6 (A) in the chapter analysis, by striking the 

7 item relating to section 30168; and 

8 (B) by striking section 30168. 

9 SEC. 31205. ODOMETER REQUIREMENTS. 

10 (a) DEFINITION.—Section 32702(5) of title 49, 

11 United States Code, is amended by inserting ‘‘or system 

12 of components’’ after ‘‘instrument’’. 

13 (b) ELECTRONIC DISCLOSURES OF ODOMETER IN14 FORMATION.—Section 32705 of title 49, United States 

15 Code, is amended by adding at the end the following: 

16 ‘‘(g) ELECTRONIC DISCLOSURES.—Not later than 18 

17 months after the date of enactment of the Motor Vehicle 

18 and Highway Safety Improvement Act of 2012, in car19 rying out this section, the Secretary shall prescribe regula20 tions permitting any written disclosures or notices and re21 lated matters to be provided electronically.’’. 


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1 SEC. 31206. INCREASED PENALTIES AND DAMAGES FOR 

2 ODOMETER FRAUD. 

3 Chapter 327 of title 49, United States Code, is 

4 amended— 

5 (1) in section 32709(a)(1)— 

6 (A) by striking ‘‘$2,000’’ and inserting 

7 ‘‘$10,000’’; and 

8 (B) by striking ‘‘$100,000’’ and inserting 

9 ‘‘$1,000,000’’; and 

10 (2) in section 32710(a), by striking ‘‘$1,500’’ 

11 and inserting ‘‘$10,000’’. 

12 SEC. 31207. EXTEND PROHIBITIONS ON IMPORTING NON13 COMPLIANT VEHICLES AND EQUIPMENT TO 

14 DEFECTIVE VEHICLES AND EQUIPMENT. 

15 Section 30112 of title 49, United States Code, is 

16 amended— 

17 (1) in subsection (a), by adding at the end the 

18 following: 

19 ‘‘(3) Except as provided in this section, section 

20 30114, subsections (i) and (j) of section 30120, and sub21 chapter III, a person may not sell, offer for sale, introduce 

22 or deliver for introduction in interstate commerce, or im23 port into the United States any motor vehicle or motor 

24 vehicle equipment if the vehicle or equipment contains a 

25 defect related to motor vehicle safety about which notice 

26 was given under section 30118(c) or an order was issued 


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1 under section 30118(b). Nothing in this paragraph may 

2 be construed to prohibit the importation of a new motor 

3 vehicle that receives a required recall remedy before being 

4 sold to a consumer in the United States.’’; and 

5 (2) in subsection (b)(2)— 

6 (A) in subparagraph (A), by striking ‘‘or’’ 

7 at the end; 

8 (B) in subparagraph (B), by adding ‘‘or’’ 

9 at the end; and 

10 (C) by adding at the end the following: 

11 ‘‘(C) having no reason to know, despite ex12 ercising reasonable care, that a motor vehicle or 

13 motor vehicle equipment contains a defect re14 lated to motor vehicle safety about which notice 

15 was given under section 30118(c) or an order 

16 was issued under section 30118(b);’’. 

17 SEC. 31208. FINANCIAL RESPONSIBILITY REQUIREMENTS 

18 FOR IMPORTERS. 

19 Chapter 301 of title 49, United States Code, is 

20 amended— 

21 (1) in the chapter analysis, by striking the item 

22 relating to subchapter III and inserting the fol23 lowing: 

‘‘SUBCHAPTER III—IMPORTING MOTOR VEHICLES AND EQUIPMENT’’; 

24 (2) in the heading for subchapter III, by strik25 ing ‘‘NONCOMPLYING’’; and 


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1 (3) in section 30147, by amending subsection 

2 (b) to read as follows: 

3 ‘‘(b) FINANCIAL RESPONSIBILITY REQUIREMENT.— 

4 ‘‘(1) RULEMAKING.—The Secretary of Trans5 portation may issue regulations requiring each per6 son that imports a motor vehicle or motor vehicle 

7 equipment into the customs territory of the United 

8 States, including a registered importer (or any suc9 cessor in interest), provide and maintain evidence, 

10 satisfactory to the Secretary, of sufficient financial 

11 responsibility to meet its obligations under section 

12 30117(b), sections 30118 through 30121, and sec13 tion 30166(f). In making a determination of suffi14 cient financial responsibility under this Rule, the 

15 Secretary, to avoid duplicative requirements, shall 

16 first, to the extent practicable, rely on existing re17 porting and recordkeeping requirements and other 

18 information available to the Secretary, and shall co19 ordinate with other Federal agencies, including the 

20 Securities and Exchange Commission, to access in21 formation collected and made publicly available 

22 under existing reporting and recordkeeping require23 ments. 

24 ‘‘(2) REFUSAL OF ADMISSION.—If the Sec25 retary of Transportation believes that a person deVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01026 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 scribed in paragraph (1) has not provided and main2 tained evidence of sufficient financial responsibility 

3 to meet the obligations referred to in paragraph (1), 

4 the Secretary of Homeland Security shall first offer 

5 the person an opportunity to remedy the deficiency 

6 within 30 days, and if not remedied thereafter may 

7 refuse the admission into the customs territory of 

8 the United States of any motor vehicle or motor ve9 hicle equipment imported by the person. 

10 ‘‘(3) EXCEPTION.—This subsection shall not 

11 apply to original manufacturers (or wholly owned 

12 subsidiaries) of motor vehicles that, prior to the date 

13 of enactment of the Motor Vehicle and Highway 

14 Safety Improvement Act of 2012— 

15 ‘‘(A) have imported motor vehicles into the 

16 United States that are certified to comply with 

17 all applicable Federal motor vehicle safety 

18 standards; 

19 ‘‘(B) have submitted to the Secretary ap20 propriate manufacturer identification informa21 tion under part 566 of title 49, Code of Federal 

22 Regulations; and 

23 ‘‘(C) if applicable, have identified a current 

24 agent for service of process in accordance with 


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1 part 551 of title 49, Code of Federal Regula2 tions.’’. 

3 SEC. 31209. CONDITIONS ON IMPORTATION OF VEHICLES 

4 AND EQUIPMENT. 

5 Chapter 301 of title 49, United States Code, is 

6 amended— 

7 (1) in the chapter analysis, by striking the item 

8 relating to section 30164 and inserting the fol9 lowing: 

‘‘30164. Service of process; conditions on importation of vehicles and equipment.’’; 

10 and 

11 (2) in section 30164— 

12 (A) in the section heading, by adding ‘‘; 

13 CONDITIONS ON IMPORTATION OF VEHI14 CLES AND EQUIPMENT’’ at the end; and 

15 (B) by adding at the end the following: 

16 ‘‘(c) IDENTIFYING INFORMATION.—A manufacturer 

17 (including an importer) offering a motor vehicle or motor 

18 vehicle equipment for import shall provide such informa19 tion as the Secretary may, by rule, request including— 

20 ‘‘(1) the product by name and the manufactur21 er’s address; and 

22 ‘‘(2) each retailer or distributor to which the 

23 manufacturer directly supplied motor vehicles or 


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1 motor vehicle equipment over which the Secretary 

2 has jurisdiction under this chapter. 

3 ‘‘(d) RULEMAKING.—In issuing a rulemaking, the 

4 Secretary shall seek to reduce duplicative requirements by 

5 coordinating with Department of Homeland Security. The 

6 Secretary may issue regulations that— 

7 ‘‘(1) condition the import of a motor vehicle or 

8 motor vehicle equipment on the manufacturer’s com9 pliance with— 

10 ‘‘(A) the requirements under this section; 

11 ‘‘(B) any rules issued with respect to such 

12 requirements; or 

13 ‘‘(C) any other requirements under this 

14 chapter or rules issued with respect to such re15 quirements; 

16 ‘‘(2) provide an opportunity for the manufac17 turer to present information before the Secretary’s 

18 determination as to whether the manufacturer’s im19 ports should be restricted; and 

20 ‘‘(3) establish a process by which a manufac21 turer may petition for reinstatement of its ability to 

22 import motor vehicles or motor vehicle equipment. 

23 ‘‘(e) EXCEPTION.—The requirements of subsections 

24 (c) and (d) shall not apply to original manufacturers (or 

25 wholly owned subsidiaries) of motor vehicles that, prior to 


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1 the date of enactment of the Motor Vehicle and Highway 

2 Safety Improvement Act of 2012— 

3 ‘‘(1) have imported motor vehicles into the 

4 United States that are certified to comply with all 

5 applicable Federal motor vehicle safety standards, 

6 ‘‘(2) have submitted to the Secretary appro7 priate manufacturer identification information under 

8 part 566 of title 49, Code of Federal Regulations; 

9 and 

10 ‘‘(3) if applicable, have identified a current 

11 agent for service of process in accordance with part 

12 551 of title 49, Code of Federal Regulations.’’. 

13 SEC. 31210. PORT INSPECTIONS; SAMPLES FOR EXAMINA14 TION OR TESTING. 

15 Section 30166(c) of title 49, United States Code, is 

16 amended— 

17 (1) in paragraph (2), by striking ‘‘and’’ at the 

18 end; 

19 (2) in paragraph (3)— 

20 (A) in subparagraph (A), by inserting ‘‘(in21 cluding at United States ports of entry)’’ after 

22 ‘‘held for introduction in interstate commerce’’; 

23 and 


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1 (B) in subparagraph (D), by striking the 

2 period at the end and inserting a semicolon; 

3 and 

4 (3) by adding at the end the following: 

5 ‘‘(4) shall enter into a memorandum of under6 standing with the Secretary of Homeland Security 

7 for inspections and sampling of motor vehicle equip8 ment being offered for import to determine compli9 ance with this chapter or a regulation or order 

10 issued under this chapter.’’. 

11 Subtitle C—Transparency and 

12 Accountability 

13 SEC. 31301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFE14 TY ADMINISTRATION VEHICLE SAFETY DATA15 BASE. 

16 (a) IN GENERAL.—Not later than 2 years after the 

17 date of enactment of this Act, the Secretary shall improve 

18 public accessibility to information on the National High19 way Traffic Safety Administration’s publicly accessible ve20 hicle safety databases by— 

21 (1) improving organization and functionality, 

22 including modern web design features, and allowing 

23 for data to be searched, aggregated, and 

24 downloaded; 


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1 (2) providing greater consistency in presen2 tation of vehicle safety issues; and 

3 (3) improving searchability about specific vehi4 cles and issues through standardization of commonly 

5 used search terms. 

6 (b) VEHICLE RECALL INFORMATION.— 

7 (1) IN GENERAL.—Not later than 1 year after 

8 the date of enactment of this Act, the Secretary 

9 shall require that motor vehicle safety recall infor10 mation— 

11 (A) is available to the public on the Inter12 net; 

13 (B) is searchable by vehicle make and 

14 model and vehicle identification number; 

15 (C) is in a format that preserves consumer 

16 privacy; and 

17 (D) includes information about each recall 

18 that has not been completed for each vehicle. 

19 (2) RULEMAKING.—The Secretary may initiate 

20 a rulemaking proceeding to require each manufac21 turer to provide the information described in para22 graph (1), with respect to that manufacturer’s motor 

23 vehicles, at no cost on a publicly accessible Internet 

24 website. 


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1 (3) DATABASE AWARENESS PROMOTION ACTIVI2 TIES.—The Secretary, in consultation with the heads 

3 of other relevant agencies, shall promote consumer 

4 awareness of the information made available to the 

5 public pursuant to this subsection. 

6 SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS7 TRATION HOTLINE FOR MANUFACTURER, 

8 DEALER, AND MECHANIC PERSONNEL. 

9 The Secretary shall— 

10 (1) establish a means by which mechanics, pas11 senger motor vehicle dealership personnel, and pas12 senger motor vehicle manufacturer personnel may 

13 directly and confidentially contact the National 

14 Highway Traffic Safety Administration to report po15 tential passenger motor vehicle safety defects; and 

16 (2) publicize the means for contacting the Na17 tional Highway Traffic Safety Administration in a 

18 manner that targets mechanics, passenger motor ve19 hicle dealership personnel, and manufacturer per20 sonnel. 

21 SEC. 31303. CONSUMER NOTICE OF SOFTWARE UPDATES 

22 AND OTHER COMMUNICATIONS WITH DEAL23 ERS. 

24 (a) INTERNET ACCESSIBILITY.—Section 30166(f) of 

25 title 49, United States Code, is amended— 


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1 (1) by striking ‘‘A manufacturer shall give the 

2 Secretary of Transportation’’ and inserting the fol3 lowing: 

4 ‘‘(1) IN GENERAL.—A manufacturer shall give 

5 the Secretary of Transportation, and make available 

6 on a publicly accessible Internet website,’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) NOTICES.—Communications required to be 

9 submitted to the Secretary and made available on a 

10 publicly accessible Internet website under this sub11 section shall include all notices to dealerships of 

12 software upgrades and modifications recommended 

13 by a manufacturer for all previously sold vehicles. 

14 Notice is required even if the software upgrade or 

15 modification is not related to a safety defect or non16 compliance with a motor vehicle safety standard. 

17 The notice shall include a plain language description 

18 of the purpose of the update and that description 

19 shall be prominently placed at the beginning of the 

20 notice. 

21 ‘‘(3) INDEX.—Communications required to be 

22 submitted to the Secretary under this subsection 

23 shall be accompanied by an index to each commu24 nication, which— 


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1 ‘‘(A) identifies the make, model, and model 

2 year of the affected vehicles; 

3 ‘‘(B) includes a concise summary of the 

4 subject matter of the communication; and 

5 ‘‘(C) shall be made available by the Sec6 retary to the public on the Internet in a search7 able format.’’. 

8 SEC. 31304. PUBLIC AVAILABILITY OF EARLY WARNING 

9 DATA. 

10 Section 30166(m) of title 49, United States Code, is 

11 amended in paragraph (4), by amending subparagraph (C) 

12 to read as follows: 

13 ‘‘(C) DISCLOSURE.— 

14 ‘‘(i) IN GENERAL.—The information 

15 provided to the Secretary pursuant to this 

16 subsection shall be disclosed publicly unless 

17 exempt from disclosure under section 

18 552(b) of title 5. 

19 ‘‘(ii) PRESUMPTION.—In admin20 istering this subparagraph, the Secretary 

21 shall presume in favor of maximum public 

22 availability of information.’’. 


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1 SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL 

2 HIGHWAY TRAFFIC SAFETY ADMINISTRATION 

3 REPORTS. 

4 (a) IN GENERAL.—Section 30166 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘(o) CORPORATE RESPONSIBILITY FOR REPORTS.— 

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

9 a senior official responsible for safety in each com10 pany submitting information to the Secretary in re11 sponse to a request for information in a safety de12 fect or compliance investigation under this chapter 

13 to certify that— 

14 ‘‘(A) the signing official has reviewed the 

15 submission; and 

16 ‘‘(B) based on the official’s knowledge, the 

17 submission does not— 

18 ‘‘(i) contain any untrue statement of a 

19 material fact; or 

20 ‘‘(ii) omit to state a material fact nec21 essary in order to make the statements 

22 made not misleading, in light of the cir23 cumstances under which such statements 

24 were made. 


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1 ‘‘(2) NOTICE.—The certification requirements 

2 of this section shall be clearly stated on any request 

3 for information under paragraph (1).’’. 

4 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

5 United States Code, is amended— 

6 (1) in paragraph (3), by striking ‘‘A person’’ 

7 and inserting ‘‘Except as provided in paragraph (4), 

8 a person’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(4) FALSE, MISLEADING, OR INCOMPLETE RE11 PORTS.—A person who knowingly and willfully sub12 mits materially false, misleading, or incomplete in13 formation to the Secretary, after certifying the same 

14 information as accurate and complete under the cer15 tification process established pursuant to section 

16 30166(o), shall be subject to a civil penalty of not 

17 more than $5,000 per day. The maximum penalty 

18 under this paragraph for a related series of daily 

19 violations is $5,000,000.’’. 

20 SEC. 31306. PASSENGER MOTOR VEHICLE INFORMATION 

21 PROGRAM. 

22 (a) DEFINITION.—Section 32301 of title 49, United 

23 States Code, is amended— 

24 (1) by redesignating paragraphs (1) and (2) as 

25 paragraphs (2) and (3), respectively; 


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1 (2) by inserting before paragraph (2), as redes2 ignated, the following: 

3 ‘‘(1) ‘crash avoidance’ means preventing or 

4 mitigating a crash;’’; and 

5 (3) in paragraph (2), as redesignated, by strik6 ing the period at the end and inserting ‘‘; and’’. 

7 (b) INFORMATION INCLUDED.—Section 32302(a) of 

8 title 49, United States Code, is amended— 

9 (1) in paragraph (2), by inserting ‘‘, crash 

10 avoidance, and any other areas the Secretary deter11 mines will improve the safety of passenger motor ve12 hicles’’ after ‘‘crashworthiness’’; and 

13 (2) by striking paragraph (4). 

14 SEC. 31307. PROMOTION OF VEHICLE DEFECT REPORTING. 

15 Section 32302 of title 49, United States Code, is 

16 amended by adding at the end the following: 

17 ‘‘(d) MOTOR VEHICLE DEFECT REPORTING INFOR18 MATION.— 

19 ‘‘(1) RULEMAKING REQUIRED.—Not later than 

20 1 year after the date of the enactment of the Motor 

21 Vehicle and Highway Safety Improvement Act of 

22 2012, the Secretary shall prescribe regulations that 

23 require passenger motor vehicle manufacturers— 

24 ‘‘(A) to affix, in the glove compartment or 

25 in another readily accessible location on the veVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 hicle, a sticker, decal, or other device that pro2 vides, in simple and understandable language, 

3 information about how to submit a safety-re4 lated motor vehicle defect complaint to the Na5 tional Highway Traffic Safety Administration; 

6 ‘‘(B) to prominently print the information 

7 described in subparagraph (A) on a separate 

8 page within the owner’s manual; and 

9 ‘‘(C) to not place such information on the 

10 label required under section 3 of the Auto11 mobile Information Disclosure Act (15 U.S.C. 

12 1232). 

13 ‘‘(2) APPLICATION.—The requirements under 

14 paragraph (1) shall apply to passenger motor vehi15 cles manufactured in any model year beginning more 

16 than 1 year after the date on which a final rule is 

17 published under paragraph (1).’’. 

18 SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR MOTOR 

19 VEHICLE MANUFACTURERS, PART SUP20 PLIERS, AND DEALERSHIP EMPLOYEES. 

21 (a) IN GENERAL.—Subchapter IV of chapter 301 of 

22 title 49, United States Code, is amended by adding at the 

23 end the following: 


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1 ‘‘§ 30171. Protection of employees providing motor ve2 hicle safety information 

3 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEES OF

4 MANUFACTURERS, PART SUPPLIERS, AND DEALER5 SHIPS.—No motor vehicle manufacturer, part supplier, or 

6 dealership may discharge an employee or otherwise dis7 criminate against an employee with respect to compensa8 tion, terms, conditions, or privileges of employment be9 cause the employee (or any person acting pursuant to a 

10 request of the employee)— 

11 ‘‘(1) provided, caused to be provided, or is 

12 about to provide (with any knowledge of the em13 ployer) or cause to be provided to the employer or 

14 the Secretary of Transportation information relating 

15 to any motor vehicle defect, noncompliance, or any 

16 violation or alleged violation of any notification or 

17 reporting requirement of this chapter; 

18 ‘‘(2) has filed, caused to be filed, or is about to 

19 file (with any knowledge of the employer) or cause 

20 to be filed a proceeding relating to any violation or 

21 alleged violation of any motor vehicle defect, non22 compliance, or any violation or alleged violation of 

23 any notification or reporting requirement of this 

24 chapter; 

25 ‘‘(3) testified or is about to testify in such a 

26 proceeding; 


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1 ‘‘(4) assisted or participated or is about to as2 sist or participate in such a proceeding; or 

3 ‘‘(5) objected to, or refused to participate in, 

4 any activity that the employee reasonably believed to 

5 be in violation of any provision of any Act enforced 

6 by the Secretary of Transportation, or any order, 

7 rule, regulation, standard, or ban under any such 

8 Act. 

9 ‘‘(b) COMPLAINT PROCEDURE.— 

10 ‘‘(1) FILING AND NOTIFICATION.—A person 

11 who believes that he or she has been discharged or 

12 otherwise discriminated against by any person in 

13 violation of subsection (a) may, not later than 180 

14 days after the date on which such violation occurs, 

15 file (or have any person file on his or her behalf) a 

16 complaint with the Secretary of Labor (hereinafter 

17 in this section referred to as the ‘Secretary’) alleging 

18 such discharge or discrimination. Upon receipt of 

19 such a complaint, the Secretary shall notify, in writ20 ing, the person named in the complaint of the filing 

21 of the complaint, of the allegations contained in the 

22 complaint, of the substance of evidence supporting 

23 the complaint, and of the opportunities that will be 

24 afforded to such person under paragraph (2). 

25 ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— 


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1 ‘‘(A) IN GENERAL.—Not later than 60 

2 days after the date of receipt of a complaint 

3 filed under paragraph (1) and after affording 

4 the person named in the complaint an oppor5 tunity to submit to the Secretary a written re6 sponse to the complaint and an opportunity to 

7 meet with a representative of the Secretary to 

8 present statements from witnesses, the Sec9 retary shall conduct an investigation and deter10 mine whether there is reasonable cause to be11 lieve that the complaint has merit and notify, in 

12 writing, the complainant and the person alleged 

13 to have committed a violation of subsection (a) 

14 of the Secretary’s findings. If the Secretary 

15 concludes that there is a reasonable cause to 

16 believe that a violation of subsection (a) has oc17 curred, the Secretary shall accompany the Sec18 retary’s findings with a preliminary order pro19 viding the relief prescribed by paragraph 

20 (3)(B). Not later than 30 days after the date 

21 of notification of findings under this paragraph, 

22 either the person alleged to have committed the 

23 violation or the complainant may file objections 

24 to the findings or preliminary order, or both, 

25 and request a hearing on the record. The filing 


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1 of such objections shall not operate to stay any 

2 reinstatement remedy contained in the prelimi3 nary order. Such hearings shall be conducted 

4 expeditiously. If a hearing is not requested in 

5 such 30-day period, the preliminary order shall 

6 be deemed a final order that is not subject to 

7 judicial review. 

8 ‘‘(B) REQUIREMENTS.— 

9 ‘‘(i) REQUIRED SHOWING BY COM10 PLAINANT.—The Secretary shall dismiss a 

11 complaint filed under this subsection and 

12 shall not conduct an investigation other13 wise required under subparagraph (A) un14 less the complainant makes a prima facie 

15 showing that any behavior described in 

16 paragraphs (1) through (5) of subsection 

17 (a) was a contributing factor in the unfa18 vorable personnel action alleged in the 

19 complaint. 

20 ‘‘(ii) SHOWING BY EMPLOYER.—Not21 withstanding a finding by the Secretary 

22 that the complainant has made the show23 ing required under clause (i), no investiga24 tion otherwise required under subpara25 graph (A) shall be conducted if the emVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ployer demonstrates, by clear and con2 vincing evidence, that the employer would 

3 have taken the same unfavorable personnel 

4 action in the absence of that behavior. 

5 ‘‘(iii) CRITERIA FOR DETERMINATION

6 BY SECRETARY.—The Secretary may de7 termine that a violation of subsection (a) 

8 has occurred only if the complainant dem9 onstrates that any behavior described in 

10 paragraphs (1) through (5) of subsection 

11 (a) was a contributing factor in the unfa12 vorable personnel action alleged in the 

13 complaint. 

14 ‘‘(iv) PROHIBITION.—Relief may not 

15 be ordered under subparagraph (A) if the 

16 employer demonstrates, by clear and con17 vincing evidence, that the employer would 

18 have taken the same unfavorable personnel 

19 action in the absence of that behavior. 

20 ‘‘(3) FINAL ORDER.— 

21 ‘‘(A) DEADLINE FOR ISSUANCE; SETTLE22 MENT AGREEMENTS.—Not later than 120 days 

23 after the date of conclusion of a hearing under 

24 paragraph (2), the Secretary shall issue a final 

25 order providing the relief prescribed by this 


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1 paragraph or denying the complaint. At any 

2 time before issuance of a final order, a pro3 ceeding under this subsection may be termi4 nated on the basis of a settlement agreement 

5 entered into by the Secretary, the complainant, 

6 and the person alleged to have committed the 

7 violation. 

8 ‘‘(B) REMEDY.—If, in response to a com9 plaint filed under paragraph (1), the Secretary 

10 determines that a violation of subsection (a) 

11 has occurred, the Secretary shall order the per12 son who committed such violation— 

13 ‘‘(i) to take affirmative action to 

14 abate the violation; 

15 ‘‘(ii) to reinstate the complainant to 

16 his or her former position together with 

17 the compensation (including back pay) and 

18 restore the terms, conditions, and privi19 leges associated with his or her employ20 ment; and 

21 ‘‘(iii) to provide compensatory dam22 ages to the complainant. 

23 ‘‘(C) ATTORNEYS’ FEES.—If such an order 

24 is issued under this paragraph, the Secretary, 

25 at the request of the complainant, shall assess 


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1 against the person against whom the order is 

2 issued a sum equal to the aggregate amount of 

3 all costs and expenses (including attorneys’ and 

4 expert witness fees) reasonably incurred, as de5 termined by the Secretary, by the complainant 

6 for, or in connection with, bringing the com7 plaint upon which the order was issued. 

8 ‘‘(D) FRIVOLOUS COMPLAINTS.—If the 

9 Secretary determines that a complaint under 

10 paragraph (1) is frivolous or has been brought 

11 in bad faith, the Secretary may award to the 

12 prevailing employer a reasonable attorney’s fee 

13 not exceeding $1,000. 

14 ‘‘(E) DE NOVO REVIEW.—With respect to 

15 a complaint under paragraph (1), if the Sec16 retary of Labor has not issued a final decision 

17 within 210 days after the filing of the com18 plaint and if the delay is not due to the bad 

19 faith of the employee, the employee may bring 

20 an original action at law or equity for de novo 

21 review in the appropriate district court of the 

22 United States, which shall have jurisdiction 

23 over such an action without regard to the 

24 amount in controversy, and which action shall, 

25 at the request of either party to the action, be 


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1 tried by the court with a jury. The action shall 

2 be governed by the same legal burdens of proof 

3 specified in paragraph (2)(B) for review by the 

4 Secretary of Labor. 

5 ‘‘(4) REVIEW.— 

6 ‘‘(A) APPEAL TO COURT OF APPEALS.— 

7 Any person adversely affected or aggrieved by 

8 an order issued under paragraph (3) may ob9 tain review of the order in the United States 

10 Court of Appeals for the circuit in which the 

11 violation, with respect to which the order was 

12 issued, allegedly occurred or the circuit in which 

13 the complainant resided on the date of such vio14 lation. The petition for review shall be filed not 

15 later than 60 days after the date of the 

16 issuance of the final order of the Secretary. Re17 view shall conform to chapter 7 of title 5. The 

18 commencement of proceedings under this sub19 paragraph shall not, unless ordered by the 

20 court, operate as a stay of the order. 

21 ‘‘(B) LIMITATION ON COLLATERAL AT22 TACK.—An order of the Secretary with respect 

23 to which review could have been obtained under 

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1 cial review in any criminal or other civil pro2 ceeding. 

3 ‘‘(5) ENFORCEMENT OF ORDER BY SEC4 RETARY.—Whenever any person fails to comply with 

5 an order issued under paragraph (3), the Secretary 

6 may file a civil action in the United States district 

7 court for the district in which the violation was 

8 found to occur to enforce such order. In actions 

9 brought under this paragraph, the district courts 

10 shall have jurisdiction to grant all appropriate relief, 

11 including injunctive relief and compensatory dam12 ages. 

13 ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— 

14 ‘‘(A) COMMENCEMENT OF ACTION.—A per15 son on whose behalf an order was issued under 

16 paragraph (3) may commence a civil action 

17 against the person to whom such order was 

18 issued to require compliance with such order. 

19 The appropriate United States district court 

20 shall have jurisdiction, without regard to the 

21 amount in controversy or the citizenship of the 

22 parties, to enforce such order. 

23 ‘‘(B) ATTORNEY FEES.—The court, in 

24 issuing any final order under this paragraph, 

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1 able attorney and expert witness fees) to any 

2 party whenever the court determines such 

3 award is appropriate. 

4 ‘‘(c) MANDAMUS.—Any nondiscretionary duty im5 posed under this section shall be enforceable in a man6 damus proceeding brought under section 1361 of title 28. 

7 ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIOLA8 TIONS.—Subsection (a) shall not apply with respect to an 

9 employee of a motor vehicle manufacturer, part supplier, 

10 or dealership who, acting without direction from such 

11 motor vehicle manufacturer, part supplier, or dealership 

12 (or such person’s agent), deliberately causes a violation 

13 of any requirement relating to motor vehicle safety under 

14 this chapter.’’. 

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 301 of title 49, United States Code, is 

17 amended by inserting after the item relating to section 

18 30170 the following: 

‘‘30171. Protection of employees providing motor vehicle safety information.’’. 

19 SEC. 31309. ANTI-REVOLVING DOOR. 

20 (a) AMENDMENT.—Subchapter I of chapter 301 of 

21 title 49, United States Code, is amended by adding at the 

22 end the following: 


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1 ‘‘§ 30107. Restriction on covered motor vehicle safety 

2 officials 

3 ‘‘(a) IN GENERAL.—During the 2-year period after 

4 the termination of his or her service or employment, a cov5 ered vehicle safety official may not knowingly make, with 

6 the intent to influence, any communication to or appear7 ance before any officer or employee of the National High8 way Traffic Safety Administration on behalf of any manu9 facturer subject to regulation under this chapter in con10 nection with any matter involving motor vehicle safety on 

11 which such person seeks official action by any officer or 

12 employee of the National Highway Traffic Safety Admin13 istration. 

14 ‘‘(b) MANUFACTURERS.—It is unlawful for any man15 ufacturer or other person subject to regulation under this 

16 chapter to employ or contract for the services of an indi17 vidual to whom subsection (a) applies during the 2-year 

18 period commencing on the individual’s termination of em19 ployment with the National Highway Traffic Safety Ad20 ministration in a capacity in which the individual is pro21 hibited from serving during that period. 

22 ‘‘(c) SPECIAL RULE FOR DETAILEES.—For purposes 

23 of this section, a person who is detailed from 1 depart24 ment, agency, or other entity to another department, 

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1 son is detailed, be deemed to be an officer or employee 

2 of both departments, agencies, or such entities. 

3 ‘‘(d) SAVINGS PROVISION.—Nothing in this section 

4 may be construed to expand, contract, or otherwise affect 

5 the application of any waiver or criminal penalties under 

6 section 207 of title 18. 

7 ‘‘(e) EXCEPTION FOR TESTIMONY.—Nothing in this 

8 section may be construed to prevent an individual from 

9 giving testimony under oath, or from making statements 

10 required to be made under penalty of perjury. 

11 ‘‘(f) DEFINED TERM.—In this section, the term ‘cov12 ered vehicle safety official’ means any officer or employee 

13 of the National Highway Traffic Safety Administration— 

14 ‘‘(1) who, during the final 12 months of his or 

15 her service or employment with the agency, serves or 

16 served in a technical or legal capacity, and whose job 

17 responsibilities include or included vehicle safety de18 fect investigation, vehicle safety compliance, vehicle 

19 safety rulemaking, or vehicle safety research; and 

20 ‘‘(2) who serves in a supervisory or manage21 ment capacity over an officer or employee described 

22 in paragraph (1). 

23 ‘‘(g) EFFECTIVE DATE.—This section shall apply to 

24 covered vehicle safety officials who terminate service or 

25 employment with the National Highway Traffic Safety 


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1 Administration after the date of enactment of the Motor 

2 Vehicle and Highway Safety Improvement Act of 2012.’’. 

3 (b) CIVIL PENALTY.—Section 30165(a) of title 49, 

4 United States Code, as amended by this subtitle, is further 

5 amended by adding at the end the following: 

6 ‘‘(5) IMPROPER INFLUENCE.—An individual 

7 who violates section 30107(a) is liable to the United 

8 States Government for a civil penalty, as determined 

9 under section 216(b) of title 18, for an offense 

10 under section 207 of that title. A manufacturer or 

11 other person subject to regulation under this chapter 

12 who violates section 30107(b) is liable to the United 

13 States Government for a civil penalty equal to the 

14 sum of— 

15 ‘‘(A) an amount equal to not less than 

16 $100,000; and 

17 ‘‘(B) an amount equal to 90 percent of the 

18 annual compensation or fee paid or payable to 

19 the individual with respect to whom the viola20 tion occurred.’’. 

21 (c) STUDY OF DEPARTMENT OF TRANSPORTATION

22 POLICIES ON OFFICIAL COMMUNICATION WITH FORMER

23 MOTOR VEHICLE SAFETY ISSUE EMPLOYEES.—Not later 

24 than 1 year after the date of the enactment of this Act, 


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1 the Inspector General of the Department of Transpor2 tation shall— 

3 (1) review the Department of Transportation’s 

4 policies and procedures applicable to official commu5 nication with former employees concerning motor ve6 hicle safety compliance matters for which they had 

7 responsibility during the last 12 months of their ten8 ure at the Department, including any limitations on 

9 the ability of such employees to submit comments, or 

10 otherwise communicate directly with the Depart11 ment, on motor vehicle safety issues; and 

12 (2) submit a report to the Committee on Com13 merce, Science, and Transportation of the Senate 

14 and the Committee on Energy and Commerce of the 

15 House of Representatives that contains the Inspec16 tor General’s findings, conclusions, and rec17 ommendations for strengthening those policies and 

18 procedures to minimize the risk of undue influence 

19 without compromising the ability of the Department 

20 to employ and retain highly qualified individuals for 

21 such responsibilities. 

22 (d) POST-EMPLOYMENT POLICY STUDY.— 

23 (1) IN GENERAL.—The Inspector General of 

24 the Department of Transportation shall conduct a 

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1 employment restrictions on employees who perform 

2 functions related to transportation safety. 

3 (2) REPORT.—Not later than 1 year after the 

4 date of enactment of this Act, the Inspector General 

5 shall submit a report containing the results of the 

6 study conducted under paragraph (1) to— 

7 (A) the Committee on Commerce, Science, 

8 and Transportation of the Senate; 

9 (B) the Committee on Energy and Com10 merce of the House of Representatives; and 

11 (C) the Secretary of Transportation. 

12 (3) USE OF RESULTS.—The Secretary of 

13 Transportation shall review the results of the study 

14 conducted under paragraph (1) and take whatever 

15 action the Secretary determines to be appropriate. 

16 (e) CONFORMING AMENDMENT.—The table of con17 tents for chapter 301 of title 49, United States Code, is 

18 amended by inserting after the item relating to section 

19 30106 the following: 

‘‘30107. Restriction on covered motor vehicle safety officials.’’. 

20 SEC. 31310. STUDY OF CRASH DATA COLLECTION. 

21 (a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of this Act, the Secretary shall submit 

23 a report to the Committee on Commerce, Science, and 

24 Transportation of the Senate the Committee on Energy 

25 and Commerce of the House of Representatives regarding 


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1 the quality of data collected through the National Auto2 motive Sampling System, including the Special Crash In3 vestigations Program. 

4 (b) REVIEW.—The Administrator of the National 

5 Highway Traffic Safety Administration (referred to in this 

6 section as the ‘‘Administration’’) shall conduct a com7 prehensive review of the data elements collected from each 

8 crash to determine if additional data should be collected. 

9 The review under this subsection shall include input from 

10 interested parties, including suppliers, automakers, safety 

11 advocates, the medical community, and research organiza12 tions. 

13 (c) CONTENTS.—The report issued under this section 

14 shall include— 

15 (1) the analysis and conclusions the Adminis16 tration can reach from the amount of motor vehicle 

17 crash data collected in a given year; 

18 (2) the additional analysis and conclusions the 

19 Administration could reach if more crash investiga20 tions were conducted each year; 

21 (3) the number of investigations per year that 

22 would allow for optimal data analysis and crash in23 formation; 

24 (4) the results of the comprehensive review con25 ducted pursuant to subsection (b); 


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1 (5) recommendations for improvements to the 

2 Administration’s data collection program; and 

3 (6) the resources needed by the Administration 

4 to implement such recommendations. 

5 SEC. 31311. UPDATE MEANS OF PROVIDING NOTIFICATION; 

6 IMPROVING EFFICACY OF RECALLS. 

7 (a) UPDATE OF MEANS OF PROVIDING NOTIFICA8 TION.—Section 30119(d) of title 49, United States Code, 

9 is amended— 

10 (1) by striking, in paragraph (1), ‘‘by first class 

11 mail’’ and inserting ‘‘in the manner prescribed by 

12 the Secretary, by regulation’’; 

13 (2) in paragraph (2)— 

14 (A) by striking ‘‘(except a tire) shall be 

15 sent by first class mail’’ and inserting ‘‘shall be 

16 sent in the manner prescribed by the Secretary, 

17 by regulation,’’; and 

18 (B) by striking the second sentence; 

19 (3) in paragraph (3)— 

20 (A) by striking the first sentence; 

21 (B) by inserting ‘‘to the notification re22 quired under paragraphs (1) and (2)’’ after 

23 ‘‘addition’’; and 

24 (C) by inserting ‘‘by the manufacturer’’ 

25 after ‘‘given’’; and 


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1 (4) in paragraph (4), by striking ‘‘by certified 

2 mail or quicker means if available’’ and inserting ‘‘in 

3 the manner prescribed by the Secretary, by regula4 tion’’. 

5 (b) IMPROVING EFFICACY OF RECALLS.—Section 

6 30119(e) of title 49, United States Code, is amended— 

7 (1) in the subsection heading, by striking ‘‘SEC8 OND’’ and inserting ‘‘ADDITIONAL’’; 

9 (2) by striking ‘‘If the Secretary’’ and inserting 

10 the following: 

11 ‘‘(1) SECOND NOTIFICATION.—If the Sec12 retary’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(2) ADDITIONAL NOTIFICATIONS.—If the Sec15 retary determines, after considering the severity of 

16 the defect or noncompliance, that the second notifi17 cation by a manufacturer does not result in an ade18 quate number of motor vehicles or items of replace19 ment equipment being returned for remedy, the Sec20 retary may order the manufacturer— 

21 ‘‘(A) to send additional notifications in the 

22 manner prescribed by the Secretary, by regula23 tion; 

24 ‘‘(B) to take additional steps to locate and 

25 notify each person registered under State law 


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1 as the owner or lessee or the most recent pur2 chaser or lessee, as appropriate; and 

3 ‘‘(C) to emphasize the magnitude of the 

4 safety risk caused by the defect or noncompli5 ance in such notification.’’. 

6 SEC. 31312. EXPANDING CHOICES OF REMEDY AVAILABLE 

7 TO MANUFACTURERS OF REPLACEMENT 

8 EQUIPMENT. 

9 Section 30120 of title 49, United States Code, is 

10 amended— 

11 (1) in subsection (a)(1), by amending subpara12 graph (B) to read as follows: 

13 ‘‘(B) if replacement equipment, by repair14 ing the equipment, replacing the equipment 

15 with identical or reasonably equivalent equip16 ment, or by refunding the purchase price.’’; 

17 (2) in the heading of subsection (i), by adding 

18 ‘‘OF NEW VEHICLES OR EQUIPMENT’’ at the end; 

19 and 

20 (3) in the heading of subsection (j), by striking 

21 ‘‘REPLACED’’ and inserting ‘‘REPLACEMENT’’. 


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1 SEC. 31313. RECALL OBLIGATIONS AND BANKRUPTCY OF 

2 MANUFACTURER. 

3 (a) IN GENERAL.—Chapter 301 of title 49, United 

4 States Code, is amended by inserting the following after 

5 section 30120: 

6 ‘‘§ 30120A. Recall obligations and bankruptcy of a 

7 manufacturer 

8 ‘‘A manufacturer’s filing of a petition in bankruptcy 

9 under chapter 11 of title 11, does not negate the manufac10 turer’s duty to comply with section 30112 or sections 

11 30115 through 30120 of this title. In any bankruptcy pro12 ceeding, the manufacturer’s obligations under such sec13 tions shall be treated as a claim of the United States Gov14 ernment against such manufacturer, subject to subchapter 

15 II of chapter 37 of title 31, United States Code, and given 

16 priority pursuant to section 3713(a)(1)(A) of such chap17 ter, notwithstanding section 3713(a)(2), to ensure that 

18 consumers are adequately protected from any safety defect 

19 or noncompliance determined to exist in the manufactur20 er’s products. This section shall apply equally to actions 

21 of a manufacturer taken before or after the filing of a 

22 petition in bankruptcy.’’ 

23 (b) CONFORMING AMENDMENT.—The chapter anal24 ysis of chapter 301 of title 49, United States Code, is 


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1 amended by inserting after the item relating to section 

2 30120 the following: 

‘‘30120a. Recall obligations and bankruptcy of a manufacturer.’’. 

3 SEC. 31314. REPEAL OF INSURANCE REPORTS AND INFOR4 MATION PROVISION. 

5 Chapter 331 of title 49, United States Code, is 

6 amended— 

7 (1) in the chapter analysis, by striking the item 

8 relating to section 33112; and 

9 (2) by striking section 33112. 

10 SEC. 31315. MONRONEY STICKER TO PERMIT ADDITIONAL 

11 SAFETY RATING CATEGORIES. 

12 Section 3(g)(2) of the Automobile Information Dis13 closure Act (15 U.S.C. 1232(g)(2)), is amended by insert14 ing ‘‘safety rating categories that may include’’ after ‘‘re15 fers to’’. 

16 Subtitle D—Vehicle Electronics 

17 and Safety Standards 

18 SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS19 TRATION ELECTRONICS, SOFTWARE, AND EN20 GINEERING EXPERTISE. 

21 (a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE

22 SOFTWARE, AND EMERGING TECHNOLOGIES.— 

23 (1) IN GENERAL.—The Secretary shall estab24 lish, within the National Highway Traffic Safety Ad25 ministration, a Council for Vehicle Electronics, VehiVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01060 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 cle Software, and Emerging Technologies (referred 

2 to in this section as the ‘‘Council’’) to build, inte3 grate, and aggregate the Administration’s expertise 

4 in passenger motor vehicle electronics and other new 

5 and emerging technologies. 

6 (2) IMPLEMENTATION OF ROADMAP.—The 

7 Council shall research the inclusion of emerging 

8 lightweight plastic and composite technologies in 

9 motor vehicles to increase fuel efficiency, lower emis10 sions, meet fuel economy standards, and enhance 

11 passenger motor vehicle safety through continued 

12 utilization of the Administration’s Plastic and Com13 posite Intensive Vehicle Safety Roadmap (Report 

14 No. DOT HS 810 863). 

15 (3) INTRA-AGENCY COORDINATION.—The Coun16 cil shall coordinate with all components of the Ad17 ministration responsible for vehicle safety, including 

18 research and development, rulemaking, and defects 

19 investigation. 

20 (b) HONORS RECRUITMENT PROGRAM.— 

21 (1) ESTABLISHMENT.—The Secretary shall es22 tablish, within the National Highway Traffic Safety 

23 Administration, an honors program for engineering 

24 students, computer science students, and other stu25 dents interested in vehicle safety that will enable 


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1 such students to train with engineers and other safe2 ty officials for a career in vehicle safety. 

3 (2) STIPEND.—The Secretary is authorized to 

4 provide a stipend to students during their participa5 tion in the program established pursuant to para6 graph (1). 

7 (c) ASSESSMENT.—The Council, in consultation with 

8 affected stakeholders, shall assess the implications of 

9 emerging safety technologies in passenger motor vehicles, 

10 including the effect of such technologies on consumers, 

11 product availability, and cost. 

12 SEC. 31402. VEHICLE STOPPING DISTANCE AND BRAKE 

13 OVERRIDE STANDARD. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Secretary shall prescribe a Federal motor 

16 vehicle safety standard that— 

17 (1) mitigates unintended acceleration in pas18 senger motor vehicles; 

19 (2) establishes performance requirements, based 

20 on the speed, size, and weight of the vehicle, that en21 able a driver to bring a passenger motor vehicle 

22 safely to a full stop by normal braking application 

23 even if the vehicle is simultaneously receiving accel24 erator input signals, including a full-throttle input 

25 signal; 


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1 (3) may permit compliance through a system 

2 that requires brake pedal application, after a period 

3 of time determined by the Secretary, to override an 

4 accelerator pedal input signal in order to stop the 

5 vehicle; 

6 (4) requires that redundant circuits or other 

7 mechanisms be built into accelerator control sys8 tems, including systems controlled by electronic 

9 throttle, to maintain vehicle control in the event of 

10 failure of the primary circuit or mechanism; and 

11 (5) may permit vehicles to incorporate a means 

12 to temporarily disengage the function required under 

13 paragraph (2) to facilitate operations, such as ma14 neuvering trailers or climbing steep hills, which may 

15 require the simultaneous operation of brake and ac16 celerator. 

17 SEC. 31403. PEDAL PLACEMENT STANDARD. 

18 (a) IN GENERAL.—The Secretary shall initiate a 

19 rulemaking proceeding to consider a Federal motor vehicle 

20 safety standard that would mitigate potential obstruction 

21 of pedal movement in passenger motor vehicles, after tak22 ing into account— 

23 (1) various pedal mounting configurations; and 

24 (2) minimum clearances for passenger motor 

25 vehicle foot pedals with respect to other pedals, the 


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1 vehicle floor (including aftermarket floor coverings), 

2 and any other potential obstructions to pedal move3 ment that the Secretary determines to be relevant. 

4 (b) DEADLINE.— 

5 (1) IN GENERAL.—Except as provided under 

6 paragraph (2), the Secretary shall issue a final rule 

7 to implement the safety standard described in sub8 section (a) not later than 3 years after the date of 

9 the enactment of this Act. 

10 (2) REPORT.—If the Secretary determines that 

11 a pedal placement standard does not meet the re12 quirements and considerations set forth in sub13 sections (a) and (b) of section 30111 of title 49, 

14 United States Code, the Secretary shall submit a re15 port describing the reasons for not prescribing such 

16 standard to— 

17 (A) the Committee on Commerce, Science, 

18 and Transportation of the Senate; and 

19 (B) the Committee on Energy and Com20 merce of the House of Representatives. 

21 (c) COMBINED RULEMAKING.—The Secretary may 

22 combine the rulemaking proceeding required under sub23 section (a) with the rulemaking proceeding required under 

24 section 31402. 


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1 SEC. 31404. ELECTRONIC SYSTEMS PERFORMANCE STAND2 ARD. 

3 (a) IN GENERAL.—Not later than 2 years after the 

4 date of enactment of this Act, the Secretary shall initiate 

5 a rulemaking proceeding to consider prescribing or amend6 ing a Federal motor vehicle safety standard that— 

7 (1) requires electronic systems in passenger 

8 motor vehicles to meet minimum performance re9 quirements; and 

10 (2) may include requirements for— 

11 (A) electronic components; 

12 (B) the interaction of electronic compo13 nents; 

14 (C) security needs for those electronic sys15 tems to prevent unauthorized access; or 

16 (D) the effect of surrounding environments 

17 on those electronic systems. 

18 (b) DEADLINE.— 

19 (1) IN GENERAL.—Except as provided under 

20 paragraph (2), the Secretary shall issue a final rule 

21 to implement the safety standard described in sub22 section (a) not later than 4 years after the date of 

23 enactment of this Act. 

24 (2) REPORT.—If the Secretary determines that 

25 such a standard does not meet the requirements and 

26 considerations set forth in subsections (a) and (b) of 


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1 section 30111 of title 49, United States Code, the 

2 Secretary shall submit a report describing the rea3 sons for not prescribing such standard to— 

4 (A) the Committee on Commerce, Science, 

5 and Transportation of the Senate; and 

6 (B) the Committee on Energy and Com7 merce of the House of Representatives. 

8 (c) NATIONAL ACADEMY OF SCIENCES.—In con9 ducting the rulemaking under subsection (a), the Sec10 retary shall consider the findings and recommendations of 

11 the National Academy of Sciences, if any, pursuant to its 

12 study of electronic vehicle controls. 

13 SEC. 31405. PUSHBUTTON IGNITION SYSTEMS STANDARD. 

14 (a) PUSHBUTTON IGNITION STANDARD.— 

15 (1) IN GENERAL.—The Secretary shall initiate 

16 a rulemaking proceeding to consider a Federal 

17 motor vehicle safety standard for passenger motor 

18 vehicles with pushbutton ignition systems that estab19 lishes a standardized operation of such systems 

20 when used by drivers, including drivers who may be 

21 unfamiliar with such systems, in an emergency situ22 ation when the vehicle is in motion. 

23 (2) OTHER IGNITION SYSTEMS.—In the rule24 making proceeding initiated under paragraph (1), 

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1 ing mechanism that the Secretary determines should 

2 be considered. 

3 (b) PUSHBUTTON IGNITION SYSTEM DEFINED.—The 

4 term ‘‘pushbutton ignition system’’ means a mechanism, 

5 such as the push of a button, for starting a passenger 

6 motor vehicle that does not involve the physical insertion 

7 and turning of a tangible key. 

8 (c) DEADLINE.— 

9 (1) IN GENERAL.—Except as provided under 

10 paragraph (2), the Secretary shall issue a final rule 

11 to implement the standard described in subsection 

12 (a) not later than 2 years after the date of the en13 actment of this Act. 

14 (2) REPORT.—If the Secretary determines that 

15 a standard does not meet the requirements and con16 siderations set forth in subsections (a) and (b) of 

17 section 30111 of title 49, United States Code, the 

18 Secretary shall submit a report describing the rea19 sons for not prescribing such standard to— 

20 (A) the Committee on Commerce, Science, 

21 and Transportation of the Senate; and 

22 (B) the Committee on Energy and Com23 merce of the House of Representatives. 

24 SEC. 31406. VEHICLE EVENT DATA RECORDERS. 

25 (a) MANDATORY EVENT DATA RECORDERS.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary shall revise part 563 of title 49, Code of Fed4 eral Regulations, to require, beginning with model 

5 year 2015, that new passenger motor vehicles sold in 

6 the United States be equipped with an event data 

7 recorder that meets the requirements under that 

8 part. 

9 (2) PENALTY.—The violation of any provision 

10 under part 563 of title 49, Code of Federal Regula11 tions— 

12 (A) shall be deemed to be a violation of 

13 section 30112 of title 49, United States Code; 

14 (B) shall be subject to civil penalties under 

15 section 30165(a) of that title; and 

16 (C) shall not subject a manufacturer (as 

17 defined in section 30102(a)(5) of that title) to 

18 the requirements under section 30120 of that 

19 title. 

20 (b) LIMITATIONS ON INFORMATION RETRIEVAL.— 

21 (1) OWNERSHIP OF DATA.—Any data in an 

22 event data recorder required under part 563 of title 

23 49, Code of Federal Regulations, regardless of when 

24 the passenger motor vehicle in which it is installed 

25 was manufactured, is the property of the owner, or 


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1 in the case of a leased vehicle, the lessee of the pas2 senger motor vehicle in which the data recorder is 

3 installed. 

4 (2) PRIVACY.—Data recorded or transmitted by 

5 such a data recorder may not be retrieved by a per6 son other than the owner or lessee of the motor vehi7 cle in which the recorder is installed unless— 

8 (A) a court authorizes retrieval of the in9 formation in furtherance of a legal proceeding; 

10 (B) the owner or lessee consents to the re11 trieval of the information for any purpose, in12 cluding the purpose of diagnosing, servicing, or 

13 repairing the motor vehicle; 

14 (C) the information is retrieved pursuant 

15 to an investigation or inspection authorized 

16 under section 1131(a) or 30166 of title 49, 

17 United States Code, and the personally identifi18 able information of the owner, lessee, or driver 

19 of the vehicle and the vehicle identification 

20 number is not disclosed in connection with the 

21 retrieved information; or 

22 (D) the information is retrieved for the 

23 purpose of determining the need for, or facili24 tating, emergency medical response in response 

25 to a motor vehicle crash. 


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1 (c) REPORT TO CONGRESS.—Two years after the 

2 date of implementation of subsection (a), the Secretary 

3 shall study the safety impact and the impact on individual 

4 privacy of event data recorders in passenger motor vehicles 

5 and report its findings to the Committee on Commerce, 

6 Science, and Transportation of the Senate and the Com7 mittee on Energy and Commerce of the House of Rep8 resentatives. The report shall include— 

9 (1) the safety benefits gained from installation 

10 of event data recorders; 

11 (2) the recommendations on what, if any, addi12 tional data the event data recorder should be modi13 fied to record; 

14 (3) the additional safety benefit such informa15 tion would yield; 

16 (4) the estimated cost to manufacturers to im17 plement the new enhancements; 

18 (5) an analysis of how the information proposed 

19 to be recorded by an event data recorder conforms 

20 to applicable legal, regulatory, and policy require21 ments regarding privacy; 

22 (6) a determination of the risks and effects of 

23 collecting and maintaining the information proposed 

24 to be recorded by an event data recorder; 


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1 (7) an examination and evaluation of the pro2 tections and alternative processes for handling infor3 mation recorded by an event data recorder to miti4 gate potential privacy risks. 

5 (d) REVISED REQUIREMENTS FOR EVENT DATA RE6 CORDERS.—Based on the findings of the study under sub7 section (c), the Secretary shall initiate a rulemaking pro8 ceeding to revise part 563 of title 49, Code of Federal 

9 Regulations. The rule— 

10 (1) shall require event data recorders to capture 

11 and store data related to motor vehicle safety cov12 ering a reasonable time period before, during, and 

13 after a motor vehicle crash or airbag deployment, in14 cluding a rollover; 

15 (2) shall require that data stored on such event 

16 data recorders be accessible, regardless of vehicle 

17 manufacturer or model, with commercially available 

18 equipment in a specified data format; 

19 (3) shall establish requirements for preventing 

20 unauthorized access to the data stored on an event 

21 data recorder in order to protect the security, integ22 rity, and authenticity of the data; and 

23 (4) may require an interoperable data access 

24 port to facilitate universal accessibility and analysis. 


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1 (e) DISCLOSURE OF EXISTENCE AND PURPOSE OF

2 EVENT DATA RECORDER.—The rule issued under sub3 section (d) shall require that any owner’s manual or simi4 lar documentation provided to the first purchaser of a pas5 senger motor vehicle for purposes other than resale— 

6 (1) disclose that the vehicle is equipped with 

7 such a data recorder; and 

8 (2) explain the purpose of the data recorder. 

9 (f) ACCESS TO EVENT DATA RECORDERS IN AGENCY

10 INVESTIGATIONS.—Section 30166(c)(3)(C) of title 49, 

11 United States Code, is amended by inserting ‘‘, including 

12 any electronic data contained within the vehicle’s diag13 nostic system or event data recorder’’ after ‘‘equipment.’’ 

14 (g) DEADLINE FOR RULEMAKING.—The Secretary 

15 shall issue a final rule under subsection (d) not later than 

16 4 years after the date of enactment of this Act. 

17 SEC. 31407. PROHIBITION ON ELECTRONIC VISUAL ENTER18 TAINMENT IN DRIVER’S VIEW. 

19 (a) VISUAL ENTERTAINMENT SCREENS IN DRIVER’S

20 VIEW.—Not later than 2 years after the date of enactment 

21 of this Act, the Secretary of Transportation shall issue a 

22 final rule that prescribes a Federal motor vehicle safety 

23 standard prohibiting electronic screens from displaying 

24 broadcast television, movies, video games, and other forms 


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1 of similar visual entertainment that is visible to the driver 

2 while driving. 

3 (b) EXCEPTIONS.—The standard prescribed under 

4 subsection (a) shall allow electronic screens that display 

5 information or images regarding operation of the vehicle, 

6 vehicle surroundings, and telematic functions, such as the 

7 vehicles navigation and communications system, weather, 

8 time, or the vehicle’s audio system. 

9 SEC. 31408. COMMERCIAL MOTOR VEHICLE ROLLOVER 

10 PREVENTION AND CRASH MITIGATION. 

11 (a) RULEMAKING.—Not later than 3 months after 

12 the date of enactment of this Act, the Secretary of Trans13 portation shall initiate a rulemaking proceeding pursuant 

14 to section 30111 of title 49, United States Code, to pre15 scribe or amend a Federal motor vehicle safety standard 

16 to reduce commercial motor vehicle rollover and loss of 

17 control crashes and mitigate deaths and injuries associ18 ated with such crashes for air-braked truck tractors and 

19 motorcoaches with a gross vehicle weight rating of more 

20 than 26,000 pounds. 

21 (b) REQUIRED PERFORMANCE STANDARDS.—The 

22 rulemaking proceeding initiated under subsection (a) shall 

23 establish standards to reduce the occurrence of rollovers 

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1 hancing technologies, such as electronic stability control 

2 systems. 

3 (c) DEADLINE.—Not later than 18 months after the 

4 date of enactment of this Act, the Secretary shall issue 

5 a final rule under subsection (a). 

6 Subtitle E—Child Safety Standards 

7 SEC. 31501. CHILD SAFETY SEATS. 

8 (a) PROTECTION FOR LARGER CHILDREN.—Not 

9 later than 1 year after the date of enactment of this Act, 

10 the Secretary shall issue a final rule amending Federal 

11 Motor Vehicle Safety Standard Number 213 to establish 

12 frontal crash protection requirements for child restraint 

13 systems for children weighing more than 65 pounds. 

14 (b) SIDE IMPACT CRASHES.—Not later than 2 years 

15 after the date of enactment of this Act, the Secretary shall 

16 issue a final rule amending Federal Motor Vehicle Safety 

17 Standard Number 213 to improve the protection of chil18 dren seated in child restraint systems during side impact 

19 crashes. 

20 (c) FRONTAL IMPACT TEST PARAMETERS.— 

21 (1) COMMENCEMENT.—Not later than 2 years 

22 after the date of enactment of this Act, the Sec23 retary shall commence a rulemaking proceeding to 

24 amend test parameters under Federal Motor Vehicle 


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1 Safety Standard Number 213 to better replicate real 

2 world conditions. 

3 (2) FINAL RULE.—Not later than 4 years after 

4 the date of enactment of this Act, the Secretary 

5 shall issue a final rule pursuant to paragraph (1). 

6 SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS. 

7 (a) INITIATION OF RULEMAKING PROCEEDING.—Not 

8 later than 1 year after the date of enactment of this Act, 

9 the Secretary shall initiate a rulemaking proceeding to— 

10 (1) amend Federal Motor Vehicle Safety Stand11 ard Number 225 (relating to child restraint anchor12 age systems) to improve the visibility of, accessibility 

13 to, and ease of use for lower anchorages and tethers 

14 in all rear seat seating positions if such anchorages 

15 and tethers are feasible; and 

16 (2) amend Federal Motor Vehicle Safety Stand17 ard Number 213 (relating to child restraint systems) 

18 or Federal Motor Vehicle Safety Standard Number 

19 225 (relating to child restraint anchorage sys20 tems)— 

21 (A) to establish a maximum allowable 

22 weight of the child and child restraint for 

23 standardizing the recommended use of child re24 straint anchorage systems in all vehicles; and 


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1 (B) to provide the information described in 

2 subparagraph (A) to the consumer. 

3 (b) FINAL RULE.— 

4 (1) IN GENERAL.—Except as provided under 

5 paragraph (2), the Secretary shall issue a final rule 

6 under subsection (a) not later than 3 years after the 

7 date of the enactment of this Act. 

8 (2) REPORT.—If the Secretary determines that 

9 an amendment to the standard referred to in sub10 section (a) does not meet the requirements and con11 siderations set forth in subsections (a) and (b) of 

12 section 30111 of title 49, United States Code, the 

13 Secretary shall submit a report describing the rea14 sons for not prescribing such a standard to— 

15 (A) the Committee on Commerce, Science, 

16 and Transportation of the Senate; and 

17 (B) the Committee on Energy and Com18 merce of the House of Representatives. 

19 SEC. 31503. REAR SEAT BELT REMINDERS. 

20 (a) INITIATION OF RULEMAKING PROCEEDING.—Not 

21 later than 2 years after the date of enactment of this Act, 

22 the Secretary shall initiate a rulemaking proceeding to 

23 amend Federal Motor Vehicle Safety Standard Number 

24 208 (relating to occupant crash protection) to provide a 


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1 safety belt use warning system for designated seating posi2 tions in the rear seat. 

3 (b) FINAL RULE.— 

4 (1) IN GENERAL.—Except as provided under 

5 paragraph (2), the Secretary shall issue a final rule 

6 under subsection (a) not later than 3 years after the 

7 date of enactment of this Act. 

8 (2) REPORT.—If the Secretary determines that 

9 an amendment to the standard referred to in sub10 section (a) does not meet the requirements and con11 siderations set forth in subsections (a) and (b) of 

12 section 30111 of title 49, United States Code, the 

13 Secretary shall submit a report describing the rea14 sons for not prescribing such a standard to— 

15 (A) the Committee on Commerce, Science, 

16 and Transportation of the Senate; and 

17 (B) the Committee on Energy and Com18 merce of the House of Representatives. 

19 SEC. 31504. UNATTENDED PASSENGER REMINDERS. 

20 (a) SAFETY RESEARCH INITIATIVE.—Not later than 

21 2 years after the date of enactment of this Act, the Sec22 retary shall complete research into the development of per23 formance requirements to warn drivers that a child or 

24 other unattended passenger remains in a rear seating posi25 tion after the vehicle motor is disengaged. 


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1 (b) SPECIFICATIONS.—In carrying out subsection (a), 

2 the Secretary shall consider performance requirements 

3 that— 

4 (1) sense weight, the presence of a buckled seat 

5 belt, or other indications of the presence of a child 

6 or other passenger; and 

7 (2) provide an alert to prevent hyperthermia 

8 and hypothermia that can result in death or severe 

9 injuries. 

10 (c) RULEMAKING OR REPORT.— 

11 (1) RULEMAKING.—Not later than 1 year after 

12 the completion of each research and testing initiative 

13 required under subsection (a), the Secretary shall 

14 initiate a rulemaking proceeding to issue a Federal 

15 motor vehicle safety standard if the Secretary deter16 mines that such a standard meets the requirements 

17 and considerations set forth in subsections (a) and 

18 (b) of section 30111 of title 49, United States Code. 

19 (2) REPORT.—If the Secretary determines that 

20 the standard described in subsection (a) does not 

21 meet the requirements and considerations set forth 

22 in subsections (a) and (b) of section 30111 of title 

23 49, United States Code, the Secretary shall submit 

24 a report describing the reasons for not prescribing 

25 such a standard to— 


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1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; and 

3 (B) the Committee on Energy and Com4 merce of the House of Representatives. 

5 SEC. 31505. NEW DEADLINE. 

6 If the Secretary determines that any deadline for 

7 issuing a final rule under this Act cannot be met, the Sec8 retary shall— 

9 (1) provide the Committee on Commerce, 

10 Science, and Transportation of the Senate and the 

11 Committee on Energy and Commerce of the House 

12 of Representatives with an explanation for why such 

13 deadline cannot be met; and 

14 (2) establish a new deadline for that rule. 

15 Subtitle F—Improved Daytime and 

16 Nighttime Visibility of Agricul17 tural Equipment 

18 SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICUL19 TURAL EQUIPMENT. 

20 (a) DEFINITIONS.—In this section: 

21 (1) AGRICULTURAL EQUIPMENT.—The term 

22 ‘‘agricultural equipment’’ has the meaning given the 

23 term ‘‘agricultural field equipment’’ in ASABE 

24 Standard 390.4, entitled ‘‘Definitions and Classifica25 tions of Agricultural Field Equipment’’, which was 


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1 published in January 2005 by the American Society 

2 of Agriculture and Biological Engineers, or any suc3 cessor standard. 

4 (2) PUBLIC ROAD.—The term ‘‘public road’’ 

5 has the meaning given the term in section 

6 101(a)(27) of title 23, United States Code. 

7 (b) RULEMAKING.— 

8 (1) IN GENERAL.—Not later than 2 years after 

9 the date of enactment of this Act, the Secretary of 

10 Transportation, after consultation with representa11 tives of the American Society of Agricultural and Bi12 ological Engineers and appropriate Federal agencies, 

13 and with other appropriate persons, shall promul14 gate a rule to improve the daytime and nighttime 

15 visibility of agricultural equipment that may be oper16 ated on a public road. 

17 (2) MINIMUM STANDARDS.—The rule promul18 gated pursuant to this subsection shall— 

19 (A) establish minimum lighting and mark20 ing standards for applicable agricultural equip21 ment manufactured at least 1 year after the 

22 date on which such rule is promulgated; and 

23 (B) provide for the methods, materials, 

24 specifications, and equipment to be employed to 

25 comply with such standards, which shall be 


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1 equivalent to ASABE Standard 279.14, entitled 

2 ‘‘Lighting and Marking of Agricultural Equip3 ment on Highways’’, which was published in 

4 July 2008 by the American Society of Agricul5 tural and Biological Engineers, or any successor 

6 standard. 

7 (c) REVIEW.—Not less frequently than once every 5 

8 years, the Secretary of Transportation shall— 

9 (1) review the standards established pursuant 

10 to subsection (b); and 

11 (2) revise such standards to reflect the revision 

12 of ASABE Standard 279 that is in effect at the 

13 time of such review. 

14 (d) LIMITATIONS.— 

15 (1) COMPLIANCE WITH SUCCESSOR STAND16 ARDS.—Any rule promulgated pursuant to this sec17 tion may not prohibit the operation on public roads 

18 of agricultural equipment that is equipped in accord19 ance with any adopted revision of ASABE Standard 

20 279 that is later than the revision of such standard 

21 that was referenced during the promulgation of the 

22 rule. 

23 (2) NO RETROFITTING REQUIRED.—Any rule 

24 promulgated pursuant to this section may not re25 quire the retrofitting of agricultural equipment that 


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1 was manufactured before the date on which the 

2 lighting and marking standards are enforceable 

3 under subsection (b)(2)(A). 

4 (3) NO EFFECT ON ADDITIONAL MATERIALS

5 AND EQUIPMENT.—Any rule promulgated pursuant 

6 to this section may not prohibit the operation on 

7 public roads of agricultural equipment that is 

8 equipped with materials or equipment that are in 

9 addition to the minimum materials and equipment 

10 specified in the standard upon which such rule is 

11 based. 

12 TITLE II—COMMERCIAL MOTOR 

13 VEHICLE SAFETY ENHANCE14 MENT ACT OF 2012 

15 SEC. 32001. SHORT TITLE. 

16 This title may be cited as the ‘‘Commercial Motor Ve17 hicle Safety Enhancement Act of 2012’’. 

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

19 CODE. 

20 Except as otherwise expressly provided, whenever in 

21 this title an amendment or repeal is expressed in terms 

22 of an amendment to, or a repeal of, a section or other 

23 provision, the reference shall be considered to be made to 

24 a section or other provision of title 49, United States 

25 Code. 


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1 Subtitle A—Commercial Motor 

2 Vehicle Registration 

3 SEC. 32101. REGISTRATION OF MOTOR CARRIERS. 

4 (a) REGISTRATION REQUIREMENTS.—Section 

5 13902(a)(1) is amended to read as follows: 

6 ‘‘(1) IN GENERAL.—Except as otherwise pro7 vided in this section, the Secretary of Transportation 

8 may not register a person to provide transportation 

9 subject to jurisdiction under subchapter I of chapter 

10 135 as a motor carrier unless the Secretary deter11 mines that the person— 

12 ‘‘(A) is willing and able to comply with— 

13 ‘‘(i) this part and the applicable regu14 lations of the Secretary and the Board; 

15 ‘‘(ii) any safety regulations imposed 

16 by the Secretary; 

17 ‘‘(iii) the duties of employers and em18 ployees established by the Secretary under 

19 section 31135; 

20 ‘‘(iv) the safety fitness requirements 

21 established by the Secretary under section 

22 31144; 

23 ‘‘(v) the accessibility requirements es24 tablished by the Secretary under subpart 

25 H of part 37 of title 49, Code of Federal 


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1 Regulations (or successor regulations), for 

2 transportation provided by an over-the3 road bus; and 

4 ‘‘(vi) the minimum financial responsi5 bility requirements established by the Sec6 retary under sections 13906, 31138, and 

7 31139; 

8 ‘‘(B) has submitted a comprehensive man9 agement plan documenting that the person has 

10 management systems in place to ensure compli11 ance with safety regulations imposed by the 

12 Secretary; 

13 ‘‘(C) has disclosed any relationship involv14 ing common ownership, common management, 

15 common control, or common familial relation16 ship between that person and any other motor 

17 carrier, freight forwarder, or broker, or any 

18 other applicant for motor carrier, freight for19 warder, or broker registration, or a successor 

20 (as that term is defined under section 31153), 

21 if the relationship occurred in the 5-year period 

22 preceding the date of the filing of the applica23 tion for registration; and 

24 ‘‘(D) after the Secretary establishes a writ25 ten proficiency examination pursuant to section 


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1 32101(b) of the Commercial Motor Vehicle 

2 Safety Enhancement Act of 2012, has passed 

3 the written proficiency examination.’’. 

4 (b) WRITTEN PROFICIENCY EXAMINATION.— 

5 (1) ESTABLISHMENT.—Not later than 18 

6 months after the date of enactment of this Act, the 

7 Secretary shall establish a written proficiency exam8 ination for applicant motor carriers pursuant to sec9 tion 13902(a)(1)(D) of title 49, United States Code. 

10 The written proficiency examination shall test a per11 son’s knowledge of applicable safety regulations, 

12 standards, and orders of the Federal government 

13 and State government. 

14 (2) ADDITIONAL FEE.—The Secretary may as15 sess a fee to cover the expenses incurred by the De16 partment of Transportation in— 

17 (A) developing and administering the writ18 ten proficiency examination; and 

19 (B) reviewing the comprehensive manage20 ment plan required under section 

21 13902(a)(1)(B) of title 49, United States Code. 

22 (c) CONFORMING AMENDMENT.—Section 210(b) of 

23 the Motor Carrier Safety Improvement Act of 1999 (49 

24 U.S.C. 31144 note) is amended— 


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1 (1) by inserting ‘‘, commercial regulations, and 

2 provisions of subpart H of part 37 of title 49, Code 

3 of Federal Regulations, or successor regulations’’ 

4 after ‘‘applicable safety regulations’’; and 

5 (2) by striking ‘‘consider the establishment of’’ 

6 and inserting ‘‘establish’’. 

7 (d) TRANSPORTATION OF AGRICULTURAL COMMOD8 ITIES AND FARM SUPPLIES.—Section 229(a)(1) of the 

9 Motor Carrier Safety Improvement Act of 1999 (49 

10 U.S.C. 31136 note) is amended to read as follows: 

11 ‘‘(1) TRANSPORTATION OF AGRICULTURAL COM12 MODITIES AND FARM SUPPLIES.—Regulations pre13 scribed by the Secretary under sections 31136 and 

14 31502 regarding maximum driving and on-duty time 

15 for drivers used by motor carriers shall not apply 

16 during planting and harvest periods, as determined 

17 by each State, to— 

18 ‘‘(A) drivers transporting agricultural com19 modities in the State from the source of the ag20 ricultural commodities to a location within a 

21 100 air-mile radius from the source; 

22 ‘‘(B) drivers transporting farm supplies for 

23 agricultural purposes in the State from a whole24 sale or retail distribution point of the farm sup25 plies to a farm or other location where the farm 


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1 supplies are intended to be used within a 100 

2 air-mile radius from the distribution point; or 

3 ‘‘(C) drivers transporting farm supplies for 

4 agricultural purposes in the State from a whole5 sale distribution point of the farm supplies to a 

6 retail distribution point of the farm supplies 

7 within a 100 air-mile radius from the wholesale 

8 distribution point.’’. 

9 SEC. 32102. SAFETY FITNESS OF NEW OPERATORS. 

10 (a) SAFETY REVIEWS OF NEW OPERATORS.—Section 

11 31144(g)(1) is amended to read as follows: 

12 ‘‘(1) SAFETY REVIEW.— 

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 require, by regulation, each owner and each op15 erator granted new registration under section 

16 13902 or 31134 to undergo a safety review not 

17 later than 12 months after the owner or oper18 ator, as the case may be, begins operations 

19 under such registration. 

20 ‘‘(B) PROVIDERS OF MOTORCOACH SERV21 ICES.—The Secretary may register a person to 

22 provide motorcoach services under section 

23 13902 or 31134 after the person undergoes a 

24 pre-authorization safety audit, including 

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1 onstrate the ability to comply with Federal 

2 rules and regulations, as described in section 

3 13902. The Secretary shall continue to monitor 

4 the safety performance of each owner and each 

5 operator subject to this section for 12 months 

6 after the owner or operator is granted registra7 tion under section 13902 or 31134. The reg8 istration of each owner and each operator sub9 ject to this section shall become permanent 

10 after the motorcoach service provider is granted 

11 registration following a pre-authorization safety 

12 audit and the expiration of the 12 month moni13 toring period. 

14 ‘‘(C) PRE-AUTHORIZATION SAFETY

15 AUDIT.—The Secretary may require, by regula16 tion, that the pre-authorization safety audit 

17 under subparagraph (B) be completed on-site 

18 not later than 90 days after the submission of 

19 an application for operating authority.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) shall take effect 1 year after the date of 

22 enactment of this Act. 

23 SEC. 32103. REINCARNATED CARRIERS. 

24 (a) EFFECTIVE PERIODS OF REGISTRATION.— 


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1 (1) SUSPENSIONS, AMENDMENTS, AND REVOCA2 TIONS.—Section 13905(d) is amended— 

3 (A) by redesignating paragraph (2) as 

4 paragraph (4); 

5 (B) by striking paragraph (1) and insert6 ing the following: 

7 ‘‘(1) APPLICATIONS.—On application of the 

8 registrant, the Secretary may amend or revoke a 

9 registration. 

10 ‘‘(2) COMPLAINTS AND ACTIONS ON SEC11 RETARY’S OWN INITIATIVE.—On complaint or on the 

12 Secretary’s own initiative and after notice and an 

13 opportunity for a proceeding, the Secretary may— 

14 ‘‘(A) suspend, amend, or revoke any part 

15 of the registration of a motor carrier, broker, or 

16 freight forwarder for willful failure to comply 

17 with— 

18 ‘‘(i) this part; 

19 ‘‘(ii) an applicable regulation or order 

20 of the Secretary or the Board, including 

21 the accessibility requirements established 

22 by the Secretary under subpart H of part 

23 37 of title 49, Code of Federal Regulations 

24 (or successor regulations), for transpor25 tation provided by an over-the-road bus; or 


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1 ‘‘(iii) a condition of its registration; 

2 ‘‘(B) withhold, suspend, amend, or revoke 

3 any part of the registration of a motor carrier, 

4 broker, or freight forwarder for failure— 

5 ‘‘(i) to pay a civil penalty imposed 

6 under chapter 5, 51, 149, or 311; 

7 ‘‘(ii) to arrange and abide by an ac8 ceptable payment plan for such civil pen9 alty, not later than 90 days after the date 

10 specified by order of the Secretary for the 

11 payment of such penalty; or 

12 ‘‘(iii) for failure to obey a subpoena 

13 issued by the Secretary; 

14 ‘‘(C) withhold, suspend, amend, or revoke 

15 any part of a registration of a motor carrier, 

16 broker, or freight forwarder following a deter17 mination by the Secretary that the motor car18 rier, broker, or freight forwarder failed to dis19 close, in its application for registration, a mate20 rial fact relevant to its willingness and ability to 

21 comply with— 

22 ‘‘(i) this part; 

23 ‘‘(ii) an applicable regulation or order 

24 of the Secretary or the Board; or 

25 ‘‘(iii) a condition of its registration; or 


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1 ‘‘(D) withhold, suspend, amend, or revoke 

2 any part of a registration of a motor carrier, 

3 broker, or freight forwarder if the Secretary 

4 finds that— 

5 ‘‘(i) the motor carrier, broker, or 

6 freight forwarder is or was related through 

7 common ownership, common management, 

8 common control, or common familial rela9 tionship to any other motor carrier, broker, 

10 or freight forwarder, or any other appli11 cant for motor carrier, broker, or freight 

12 forwarder registration that the Secretary 

13 determines is or was unwilling or unable to 

14 comply with the relevant requirements list15 ed in section 13902, 13903, or 13904; or 

16 ‘‘(ii) the person is the successor, as 

17 defined in section 31153, to a person who 

18 is or was unwilling or unable to comply 

19 with the relevant requirements of section 

20 13902, 13903, or 13904. 

21 ‘‘(3) LIMITATION.—Paragraph (2)(B) shall not 

22 apply to a person who is unable to pay a civil pen23 alty because the person is a debtor in a case under 

24 chapter 11 of title 11.’’; and 


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1 (C) in paragraph (4), as redesignated by 

2 section 32103(a)(1)(A) of this Act, by striking 

3 ‘‘paragraph (1)(B)’’ and inserting ‘‘paragraph 

4 (2)(B)’’. 

5 (2) PROCEDURE.—Section 13905(e) is amended 

6 by inserting ‘‘or if the Secretary determines that the 

7 registrant failed to disclose a material fact in an ap8 plication for registration in accordance with sub9 section (d)(2)(C),’’ after ‘‘registrant,’’. 

10 (b) INFORMATION SYSTEMS.—Section 31106(a)(3) is 

11 amended— 

12 (1) in subparagraph (F), by striking ‘‘and’’ at 

13 the end; 

14 (2) in subparagraph (G), by striking the period 

15 at the end and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(H) determine whether a person or em18 ployer is or was related, through common own19 ership, common management, common control, 

20 or common familial relationship, to any other 

21 person, employer, or any other applicant for 

22 registration under section 13902 or 31134.’’. 

23 SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS. 

24 (a) REPORT.—Not later than 6 months after the date 

25 of enactment of this Act, the Secretary shall— 


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1 (1) issue a report on the appropriateness of— 

2 (A) the current minimum financial respon3 sibility requirements under sections 31138 and 

4 31139 of title 49, United States Code; and 

5 (B) the current bond and insurance re6 quirements under section 13904(f) of title 49, 

7 United States Code; and 

8 (2) submit the report issued under paragraph 

9 (1) to the Committee on Commerce, Science, and 

10 Transportation of the Senate and the Committee on 

11 Transportation and Infrastructure of the House of 

12 Representatives. 

13 (b) RULEMAKING.—Not later than 6 months after 

14 the publication of the report under subsection (a), the Sec15 retary shall initiate a rulemaking— 

16 (1) to revise the minimum financial responsi17 bility requirements under sections 31138 and 31139 

18 of title 49, United States Code and 

19 (2) to revise the bond and insurance require20 ments under section 13904(f) of such title, as appro21 priate, based on the findings of the report submitted 

22 under subsection (a). 

23 (c) DEADLINE.—Not later than 1 year after the start 

24 of the rulemaking under subsection (b), the Secretary 

25 shall— 


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1 (1) issue a final rule; or 

2 (2) if the Secretary determines that a rule3 making is not required following the Secretary’s 

4 analysis, submit a report stating the reason for not 

5 increasing the minimum financial responsibility re6 quirements to the Committee on Commerce, Science, 

7 and Transportation of the Senate and the Com8 mittee on Transportation and Infrastructure of the 

9 House of Representatives. 

10 (d) BIENNIAL REVIEWS.—Not less than once every 

11 2 years, the Secretary shall review the requirements pre12 scribed under subsection (b) and revise the requirements, 

13 as appropriate. 

14 SEC. 32105. USDOT NUMBER REGISTRATION REQUIRE15 MENT. 

16 (a) IN GENERAL.—Chapter 311 is amended by in17 serting after section 31133 the following: 

18 ‘‘§ 31134. Requirement for registration and USDOT 

19 number 

20 ‘‘(a) IN GENERAL.—Upon application, and subject to 

21 subsections (b) and (c), the Secretary shall register an em22 ployer or person subject to the safety jurisdiction of this 

23 subchapter. An employer or person may operate a com24 mercial motor vehicle in interstate commerce only if the 

25 employer or person is registered by the Secretary under 


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1 this section and receives a USDOT number. Nothing in 

2 this section shall preclude registration by the Secretary 

3 of an employer or person not engaged in interstate com4 merce. An employer or person subject to jurisdiction under 

5 subchapter I of chapter 135 of this title shall apply for 

6 commercial registration under section 13902 of this title. 

7 ‘‘(b) WITHHOLDING REGISTRATION.—The Secretary 

8 may withhold registration under subsection (a), after no9 tice and an opportunity for a proceeding, if the Secretary 

10 determines that— 

11 ‘‘(1) the employer or person seeking registra12 tion is unwilling or unable to comply with the re13 quirements of this subchapter and the regulations 

14 prescribed thereunder and chapter 51 and the regu15 lations prescribed thereunder; 

16 ‘‘(2) the employer or person is or was related 

17 through common ownership, common management, 

18 common control, or common familial relationship to 

19 any other person or applicant for registration sub20 ject to this subchapter who is or was unfit, unwill21 ing, or unable to comply with the requirements listed 

22 in subsection (b)(1); or 

23 ‘‘(3) the person is the successor, as defined in 

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1 willing, or unable to comply with the requirements 

2 listed in subsection (b)(1). 

3 ‘‘(c) REVOCATION OR SUSPENSION OF REGISTRA4 TION.—The Secretary shall revoke the registration of an 

5 employer or person under subsection (a) after notice and 

6 an opportunity for a proceeding, or suspend the registra7 tion after giving notice of the suspension to the employer 

8 or person, if the Secretary determines that— 

9 ‘‘(1) the employer’s or person’s authority to op10 erate pursuant to chapter 139 of this title would be 

11 subject to revocation or suspension under sections 

12 13905(d)(1) or 13905(f) of this title; 

13 ‘‘(2) the employer or person is or was related 

14 through common ownership, common management, 

15 common control, or common familial relationship to 

16 any other person or applicant for registration sub17 ject to this subchapter that the Secretary determines 

18 is or was unfit, unwilling, or unable to comply with 

19 the requirements listed in subsection (b)(1); 

20 ‘‘(3) the person is the successor, as defined in 

21 section 31153, to a person the Secretary determines 

22 is or was unfit, unwilling, or unable to comply with 

23 the requirements listed in subsection (b)(1); or 


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1 ‘‘(4) the employer or person failed or refused to 

2 submit to the safety review required by section 

3 31144(g) of this title. 

4 ‘‘(d) PERIODIC REGISTRATION UPDATE.—The Sec5 retary may require an employer to update a registration 

6 under this section periodically or not later than 30 days 

7 after a change in the employer’s address, other contact 

8 information, officers, process agent, or other essential in9 formation, as determined by the Secretary.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis of 

11 chapter 311 is amended by inserting after the item relat12 ing to section 31133 the following: 

‘‘31134. Requirement for registration and USDOT number.’’. 

13 SEC. 32106. REGISTRATION FEE SYSTEM. 

14 Section 13908(d)(1) is amended by striking ‘‘but 

15 shall not exceed $300’’. 

16 SEC. 32107. REGISTRATION UPDATE. 

17 (a) PERIODIC MOTOR CARRIER UPDATE.—Section 

18 13902 is amended by adding at the end the following: 

19 ‘‘(h) UPDATE OF REGISTRATION.—The Secretary 

20 may require a registrant to update its registration under 

21 this section periodically or not later than 30 days after 

22 a change in the registrant’s address, other contact infor23 mation, officers, process agent, or other essential informa24 tion, as determined by the Secretary.’’. 


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1 (b) PERIODIC FREIGHT FORWARDER UPDATE.—Sec2 tion 13903 is amended by adding at the end the following: 

3 ‘‘(c) UPDATE OF REGISTRATION.—The Secretary 

4 may require a freight forwarder to update its registration 

5 under this section periodically or not later than 30 days 

6 after a change in the freight forwarder’s address, other 

7 contact information, officers, process agent, or other es8 sential information, as determined by the Secretary.’’. 

9 (c) PERIODIC BROKER UPDATE.—Section 13904 is 

10 amended by adding at the end the following: 

11 ‘‘(e) UPDATE OF REGISTRATION.—The Secretary 

12 may require a broker to update its registration under this 

13 section periodically or not later than 30 days after a 

14 change in the broker’s address, other contact information, 

15 officers, process agent, or other essential information, as 

16 determined by the Secretary.’’. 

17 SEC. 32108. INCREASED PENALTIES FOR OPERATING WITH18 OUT REGISTRATION. 

19 (a) PENALTIES.—Section 14901(a) is amended— 

20 (1) by striking ‘‘$500’’ and inserting ‘‘$1,000’’; 

21 (2) by striking ‘‘who is not registered under 

22 this part to provide transportation of passengers,’’; 

23 (3) by striking ‘‘with respect to providing trans24 portation of passengers,’’ and inserting ‘‘or section 

25 13902(c) of this title,’’; and 


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1 (4) by striking ‘‘$2,000 for each violation and 

2 each additional day the violation continues’’ and in3 serting ‘‘$10,000 for each violation, or $25,000 for 

4 each violation relating to providing transportation of 

5 passengers’’. 

6 (b) TRANSPORTATION OF HAZARDOUS WASTES.— 

7 Section 14901(b) is amended by striking ‘‘not to exceed 

8 $20,000’’ and inserting ‘‘not less than $25,000’’. 

9 SEC. 32109. REVOCATION OF REGISTRATION FOR IMMI10 NENT HAZARD. 

11 Section 13905(f)(2) is amended to read as follows: 

12 ‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— 

13 Notwithstanding subchapter II of chapter 5 of title 

14 5, the Secretary shall revoke the registration of a 

15 motor carrier if the Secretary finds that the carrier 

16 is or was conducting unsafe operations that are or 

17 were an imminent hazard to public health or prop18 erty.’’. 

19 SEC. 32110. REVOCATION OF REGISTRATION AND OTHER 

20 PENALTIES FOR FAILURE TO RESPOND TO 

21 SUBPOENA. 

22 Section 525 is amended— 

23 (1) by striking ‘‘subpenas’’ in the section head24 ing and inserting ‘‘subpoenas’’; 


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1 (2) by striking ‘‘subpena’’ and inserting ‘‘sub2 poena’’; 

3 (3) by striking ‘‘$100’’ and inserting ‘‘$1,000’’; 

4 (4) by striking ‘‘$5,000’’ and inserting 

5 ‘‘$10,000’’; and 

6 (5) by adding at the end the following: 

7 ‘‘The Secretary may withhold, suspend, amend, or re8 voke any part of the registration of a person required to 

9 register under chapter 139 for failing to obey a subpoena 

10 or requirement of the Secretary under this chapter to ap11 pear and testify or produce records.’’. 

12 SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OP13 ERATING WITHOUT REQUIRED REGISTRA14 TION. 

15 Section 13902(e)(1) is amended— 

16 (1) by striking ‘‘motor vehicle’’ and inserting 

17 ‘‘motor carrier’’ after ‘‘the Secretary determines that 

18 a’’; and 

19 (2) by striking ‘‘order the vehicle’’ and inserting 

20 ‘‘order the motor carrier operations’’ after ‘‘the Sec21 retary may’’. 

22 SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF 

23 SAFETY VIOLATIONS. 

24 Section 31135 is amended— 


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1 (1) by striking subsection (b) and inserting the 

2 following: 

3 ‘‘(b) NONCOMPLIANCE.— 

4 ‘‘(1) MOTOR CARRIERS.—Two or more motor 

5 carriers, employers, or persons shall not use common 

6 ownership, common management, common control, 

7 or common familial relationship to enable any or all 

8 such motor carriers, employers, or persons to avoid 

9 compliance, or mask or otherwise conceal non-com10 pliance, or a history of non-compliance, with regula11 tions prescribed under this subchapter or an order 

12 of the Secretary issued under this subchapter. 

13 ‘‘(2) PATTERN.—If the Secretary finds that a 

14 motor carrier, employer, or person engaged in a pat15 tern or practice of avoiding compliance, or masking 

16 or otherwise concealing noncompliance, with regula17 tions prescribed under this subchapter, the Sec18 retary— 

19 ‘‘(A) may withhold, suspend, amend, or re20 voke any part of the motor carrier’s, employ21 er’s, or person’s registration in accordance with 

22 section 13905 or 31134; and 

23 ‘‘(B) shall take into account such non-com24 pliance for purposes of determining civil penalty 

25 amounts under section 521(b)(2)(D). 


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1 ‘‘(3) OFFICERS.—If the Secretary finds, after 

2 notice and an opportunity for proceeding, that an of3 ficer of a motor carrier, employer, or owner or oper4 ator engaged in a pattern or practice of violating 

5 regulations prescribed under this subchapter, or as6 sisted a motor carrier, employer, or owner or oper7 ator in avoiding compliance, or masking or otherwise 

8 concealing noncompliance, the Secretary may impose 

9 appropriate sanctions, subject to the limitations in 

10 paragraph (4), including— 

11 ‘‘(A) suspension or revocation of registra12 tion granted to the officer individually under 

13 section 13902 or 31134; 

14 ‘‘(B) temporary or permanent suspension 

15 or bar from association with any motor carrier, 

16 employer, or owner or operator registered under 

17 section 13902 or 31134; or 

18 ‘‘(C) any appropriate sanction approved by 

19 the Secretary. 

20 ‘‘(4) LIMITATIONS.—The sanctions described in 

21 subparagraphs (A) through (C) of subsection (b)(3) 

22 shall apply to— 

23 ‘‘(A) intentional or knowing conduct, in24 cluding reckless conduct that violates applicable 

25 laws (including regulations); and 


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1 ‘‘(B) repeated instances of negligent con2 duct that violates applicable laws (including 

3 regulations).’’; and 

4 (2) by striking subsection (c) and inserting the 

5 following: 

6 ‘‘(c) AVOIDING COMPLIANCE.—For purposes of this 

7 section, ‘avoiding compliance’ or ‘masking or otherwise 

8 concealing noncompliance’ includes serving as an officer 

9 or otherwise exercising controlling influence over 2 or 

10 more motor carriers where— 

11 ‘‘(1) one of the carriers was placed out of serv12 ice, or received notice from the Secretary that it will 

13 be placed out of service, following— 

14 ‘‘(A) a determination of unfitness under 

15 section 31144(b); 

16 ‘‘(B) a suspension or revocation of reg17 istration under section 13902, 13905, or 

18 31144(g); 

19 ‘‘(C) issuance of an imminent hazard out 

20 of service order under section 521(b)(5) or sec21 tion 5121(d); or 

22 ‘‘(D) notice of failure to pay a civil penalty 

23 or abide by a penalty payment plan; and 

24 ‘‘(2) one or more of the carriers is the ‘suc25 cessor,’ as that term is defined in section 31153, to 


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1 the carrier that is the subject of the action in para2 graph (1).’’. 

3 SEC. 32113. FEDERAL SUCCESSOR STANDARD. 

4 (a) IN GENERAL.—Chapter 311 is amended by add5 ing after section 31152, as added by section 32508 of this 

6 Act, the following: 

7 ‘‘§ 31153. Federal successor standard 

8 ‘‘(a) FEDERAL SUCCESSOR STANDARD.—Notwith9 standing any other provision of Federal or State law, the 

10 Secretary may take an action authorized under chapters 

11 5, 51, 131 through 149, subchapter III of chapter 311 

12 (except sections 31138 and 31139), or sections 31302, 

13 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of 

14 this title, or a regulation issued under any of those provi15 sions, against a successor of a motor carrier (as defined 

16 in section 13102), a successor of an employer (as defined 

17 in section 31132), or a successor of an owner or operator 

18 (as that term is used in subchapter III of chapter 311), 

19 to the same extent and on the same basis as the Secretary 

20 may take the action against the motor carrier, employer, 

21 or owner or operator. 

22 ‘‘(b) SUCCESSOR DEFINED.—For purposes of this 

23 section, the term ‘successor’ means a motor carrier, em24 ployer, or owner or operator that the Secretary deter25 mines, after notice and an opportunity for a proceeding, 


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1 has 1 or more features that correspond closely with the 

2 features of another existing or former motor carrier, em3 ployer, or owner or operator, such as— 

4 ‘‘(1) consideration paid for assets purchased or 

5 transferred; 

6 ‘‘(2) dates of corporate creation and dissolution 

7 or termination of operations; 

8 ‘‘(3) commonality of ownership; 

9 ‘‘(4) commonality of officers and management 

10 personnel and their functions; 

11 ‘‘(5) commonality of drivers and other employ12 ees; 

13 ‘‘(6) identity of physical or mailing addresses, 

14 telephone, fax numbers, or e-mail addresses; 

15 ‘‘(7) identity of motor vehicle equipment; 

16 ‘‘(8) continuity of liability insurance policies; 

17 ‘‘(9) commonality of coverage under liability in18 surance policies; 

19 ‘‘(10) continuation of carrier facilities and other 

20 physical assets; 

21 ‘‘(11) continuity of the nature and scope of op22 erations, including customers; 

23 ‘‘(12) commonality of the nature and scope of 

24 operations, including customers; 


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1 ‘‘(13) advertising, corporate name, or other acts 

2 through which the motor carrier, employer, or owner 

3 or operator holds itself out to the public; 

4 ‘‘(14) history of safety violations and pending 

5 orders or enforcement actions of the Secretary; and 

6 ‘‘(15) additional factors that the Secretary con7 siders appropriate. 

8 ‘‘(c) EFFECTIVE DATE.—Notwithstanding any other 

9 provision of law, this section shall apply to any action com10 menced on or after the date of enactment of the Commer11 cial Motor Vehicle Safety Enhancement Act of 2012 with12 out regard to whether the violation that is the subject of 

13 the action, or the conduct that caused the violation, oc14 curred before the date of enactment. 

15 ‘‘(d) RIGHTS NOT AFFECTED.—Nothing in this sec16 tion shall affect the rights, functions, or responsibilities 

17 under law of any other Department, Agency, or instru18 mentality of the United States, the laws of any State, or 

19 any rights between a private party and a motor carrier, 

20 employer, or owner or operator.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis of 

22 chapter 311 is amended by inserting after the item related 

23 to section 31152, as added by section 32508 of this Act, 

24 the following: 

‘‘31153. Federal successor standard.’’. 


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1 Subtitle B—Commercial Motor 

2 Vehicle Safety 

3 SEC. 32201. REPEAL OF COMMERCIAL JURISDICTION EX4 CEPTION FOR BROKERS OF MOTOR CAR5 RIERS OF PASSENGERS. 

6 (a) IN GENERAL.—Section 13506(a) is amended— 

7 (1) by inserting ‘‘or’’ at the end of paragraph 

8 (13); 

9 (2) by striking paragraph (14); and 

10 (3) by redesignating paragraph (15) as para11 graph (14). 

12 (b) CONFORMING AMENDMENT.—Section 13904(a) 

13 is amended by striking ‘‘of property’’ in the first sentence. 

14 SEC. 32202. BUS RENTALS AND DEFINITION OF EMPLOYER. 

15 Paragraph (3) of section 31132 is amended to read 

16 as follows: 

17 ‘‘(3) ‘employer’— 

18 ‘‘(A) means a person engaged in a business 

19 affecting interstate commerce that— 

20 ‘‘(i) owns or leases a commercial 

21 motor vehicle in connection with that busi22 ness, or assigns an employee to operate the 

23 commercial motor vehicle; or 

24 ‘‘(ii) offers for rent or lease a motor 

25 vehicle designed or used to transport more 


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1 than 8 passengers, including the driver, 

2 and from the same location or as part of 

3 the same business provides names or con4 tact information of drivers, or holds itself 

5 out to the public as a charter bus com6 pany; but 

7 ‘‘(B) does not include the Government, a 

8 State, or a political subdivision of a State.’’. 

9 SEC. 32203. CRASHWORTHINESS STANDARDS. 

10 (a) IN GENERAL.—Not later than 18 months after 

11 the date of enactment of this Act, the Secretary shall con12 duct a comprehensive analysis on the need for crash13 worthiness standards on property-carrying commercial 

14 motor vehicles with a gross vehicle weight rating or gross 

15 vehicle weight of at least 26,001 pounds involved in inter16 state commerce, including an evaluation of the need for 

17 roof strength, pillar strength, air bags, and frontal and 

18 back wall standards. 

19 (b) REPORT.—Not later than 90 days after com20 pleting the comprehensive analysis under subsection (a), 

21 the Secretary shall report the results of the analysis and 

22 any recommendations to the Committee on Commerce, 

23 Science, and Transportation of the Senate and the Com24 mittee on Transportation and Infrastructure of the House 

25 of Representatives. 


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1 SEC. 32204. CANADIAN SAFETY RATING RECIPROCITY. 

2 Section 31144 is amended by adding at the end the 

3 following: 

4 ‘‘(h) RECOGNITION OF CANADIAN MOTOR CARRIER

5 SAFETY FITNESS DETERMINATIONS.— 

6 ‘‘(1) If an authorized agency of the Canadian 

7 federal government or a Canadian Territorial or 

8 Provincial government determines, by applying the 

9 procedure and standards prescribed by the Secretary 

10 under subsection (b) or pursuant to an agreement 

11 under paragraph (2), that a Canadian employer is 

12 unfit and prohibits the employer from operating a 

13 commercial motor vehicle in Canada or any Cana14 dian Province, the Secretary may prohibit the em15 ployer from operating such vehicle in interstate and 

16 foreign commerce until the authorized Canadian 

17 agency determines that the employer is fit. 

18 ‘‘(2) The Secretary may consult and participate 

19 in negotiations with authorized officials of the Cana20 dian federal government or a Canadian Territorial 

21 or Provincial government, as necessary, to provide 

22 reciprocal recognition of each country’s motor car23 rier safety fitness determinations. An agreement 

24 shall provide, to the maximum extent practicable, 

25 that each country will follow the procedure and 

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1 section (b) in making motor carrier safety fitness de2 terminations.’’. 

3 SEC. 32205. STATE REPORTING OF FOREIGN COMMERCIAL 

4 DRIVER CONVICTIONS. 

5 (a) DEFINITION OF FOREIGN COMMERCIAL DRIV6 ER.—Section 31301 is amended— 

7 (1) by redesignating paragraphs (10) through 

8 (14) as paragraphs (11) through (15), respectively; 

9 and 

10 (2) by inserting after paragraph (9) the fol11 lowing: 

12 ‘‘(10) ‘foreign commercial driver’ means an in13 dividual licensed to operate a commercial motor ve14 hicle by an authority outside the United States, or 

15 a citizen of a foreign country who operates a com16 mercial motor vehicle in the United States.’’. 

17 (b) STATE REPORTING OF CONVICTIONS.—Section 

18 31311(a) is amended by adding after paragraph (21) the 

19 following: 

20 ‘‘(22) The State shall report a conviction of a 

21 foreign commercial driver by that State to the Fed22 eral Convictions and Withdrawal Database, or an23 other information system designated by the Sec24 retary to record the convictions. A report shall in25 clude— 


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1 ‘‘(A) for a driver holding a foreign com2 mercial driver’s license— 

3 ‘‘(i) each conviction relating to the op4 eration of a commercial motor vehicle; and 

5 ‘‘(ii) a non-commercial motor vehicle; 

6 and 

7 ‘‘(B) for an unlicensed driver or a driver 

8 holding a foreign non-commercial driver’s li9 cense, each conviction for operating a commer10 cial motor vehicle.’’. 

11 SEC. 32206. AUTHORITY TO DISQUALIFY FOREIGN COMMER12 CIAL DRIVERS. 

13 Section 31310 is amended by adding at the end the 

14 following: 

15 ‘‘(k) FOREIGN COMMERCIAL DRIVERS.—A foreign 

16 commercial driver shall be subject to disqualification 

17 under this section.’’. 

18 SEC. 32207. REVOCATION OF FOREIGN MOTOR CARRIER OP19 ERATING AUTHORITY FOR FAILURE TO PAY 

20 CIVIL PENALTIES. 

21 Section 13905(d)(2), as amended by section 

22 32103(a) of this Act, is amended by inserting ‘‘foreign 

23 motor carrier, foreign motor private carrier,’’ after ‘‘reg24 istration of a motor carrier,’’ each place it appears. 


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1 SEC. 32208. RENTAL TRUCK ACCIDENT STUDY. 

2 (a) DEFINITIONS.—In this section: 

3 (1) RENTAL TRUCK.—The term ‘‘rental truck’’ 

4 means a motor vehicle with a gross vehicle weight 

5 rating of between 10,000 and 26,000 pounds that is 

6 made available for rental by a rental truck company. 

7 (2) RENTAL TRUCK COMPANY.—The term 

8 ‘‘rental truck company’’ means a person or company 

9 that is in the business of renting or leasing rental 

10 trucks to the public or for private use. 

11 (b) STUDY.— 

12 (1) IN GENERAL.—The Secretary shall conduct 

13 a study of the safety of rental trucks during the 7- 

14 year period ending on December 31, 2011. 

15 (2) REQUIREMENTS.—The study conducted 

16 under paragraph (1) shall— 

17 (A) evaluate available data on the number 

18 of crashes, fatalities, and injuries involving 

19 rental trucks and the cause of such crashes, uti20 lizing police accident reports and other sources; 

21 (B) estimate the property damage and 

22 costs resulting from a subset of crashes involv23 ing rental truck operations, which the Secretary 

24 believes adequately reflect all crashes involving 

25 rental trucks; 


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1 (C) analyze State and local laws regulating 

2 rental truck companies, including safety and in3 spection requirements; 

4 (D) assess the rental truck maintenance 

5 programs of a selection of small, medium, and 

6 large rental truck companies, as selected by the 

7 Secretary, including the frequency of rental 

8 truck maintenance inspections, and compare 

9 such programs with inspection requirements for 

10 passenger vehicles and commercial motor vehi11 cles; 

12 (E) include any other information available 

13 regarding the safety of rental trucks; and 

14 (F) review any other information that the 

15 Secretary determines to be appropriate. 

16 (c) REPORT.—Not later than 1 year after the date 

17 of the enactment of this Act, the Secretary shall submit 

18 a report to the Committee on Commerce, Science, and 

19 Transportation of the Senate and the Committee on 

20 Transportation and Infrastructure of the House of Rep21 resentatives that contains— 

22 (1) the findings of the study conducted pursu23 ant to subsection (b); and 

24 (2) any recommendations for legislation that 

25 the Secretary determines to be appropriate. 


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1 Subtitle C—Driver Safety 

2 SEC. 32301. ELECTRONIC ON-BOARD RECORDING DEVICES. 

3 (a) GENERAL AUTHORITY.—Section 31137 is amend4 ed— 

5 (1) by amending the section heading to read as 

6 follows: 

7 ‘‘§ 31137. Electronic on-board recording devices and 

8 brake maintenance regulations’’; 

9 (2) by redesignating subsection (b) as sub10 section (e); and 

11 (3) by amending (a) to read as follows: 

12 ‘‘(a) ELECTRONIC ON-BOARD RECORDING DE13 VICES.—Not later than 1 year after the date of enactment 

14 of the Commercial Motor Vehicle Safety Enhancement Act 

15 of 2012, the Secretary of Transportation shall prescribe 

16 regulations— 

17 ‘‘(1) requiring a commercial motor vehicle in18 volved in interstate commerce and operated by a 

19 driver subject to the hours of service and the record 

20 of duty status requirements under part 395 of title 

21 49, Code of Federal Regulations, be equipped with 

22 an electronic on-board recording device to improve 

23 compliance by an operator of a vehicle with hours of 

24 service regulations prescribed by the Secretary; and 


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1 ‘‘(2) ensuring that an electronic on-board re2 cording device is not used to harass a vehicle oper3 ator. 

4 ‘‘(b) ELECTRONIC ON-BOARD RECORDING DEVICE

5 REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—The regulations prescribed 

7 under subsection (a) shall— 

8 ‘‘(A) require an electronic on-board record9 ing device— 

10 ‘‘(i) to accurately record commercial 

11 driver hours of service; 

12 ‘‘(ii) to record the location of a com13 mercial motor vehicle; 

14 ‘‘(iii) to be tamper resistant; and 

15 ‘‘(iv) to be integrally synchronized 

16 with an engine’s control module; 

17 ‘‘(B) allow law enforcement to access the 

18 data contained in the device during a roadside 

19 inspection; and 

20 ‘‘(C) apply to a commercial motor vehicle 

21 beginning on the date that is 2 years after the 

22 date that the regulations are published as a 

23 final rule. 


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1 ‘‘(2) PERFORMANCE AND DESIGN STAND2 ARDS.—The regulations prescribed under subsection 

3 (a) shall establish performance standards— 

4 ‘‘(A) defining a standardized user interface 

5 to aid vehicle operator compliance and law en6 forcement review; 

7 ‘‘(B) establishing a secure process for 

8 standardized— 

9 ‘‘(i) and unique vehicle operator iden10 tification; 

11 ‘‘(ii) data access; 

12 ‘‘(iii) data transfer for vehicle opera13 tors between motor vehicles; 

14 ‘‘(iv) data storage for a motor carrier; 

15 and 

16 ‘‘(v) data transfer and transportability 

17 for law enforcement officials; 

18 ‘‘(C) establishing a standard security level 

19 for an electronic on-board recording device and 

20 related components to be tamper resistant by 

21 using a methodology endorsed by a nationally 

22 recognized standards organization; and 

23 ‘‘(D) identifying each driver subject to the 

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1 quirements under part 395 of title 49, Code of 

2 Federal Regulations. 

3 ‘‘(c) CERTIFICATION CRITERIA.— 

4 ‘‘(1) IN GENERAL.—The regulations prescribed 

5 by the Secretary under this section shall establish 

6 the criteria and a process for the certification of an 

7 electronic on-board recording device to ensure that 

8 the device meets the performance requirements 

9 under this section. 

10 ‘‘(2) EFFECT OF NONCERTIFICATION.—An elec11 tronic on-board recording device that is not certified 

12 in accordance with the certification process referred 

13 to in paragraph (1) shall not be acceptable evidence 

14 of hours of service and record of duty status require15 ments under part 395 of title 49, Code of Federal 

16 Regulations. 

17 ‘‘(d) ELECTRONIC ON-BOARD RECORDING DEVICE

18 DEFINED.—In this section, the term ‘electronic on-board 

19 recording device’ means an electronic device that— 

20 ‘‘(1) is capable of recording a driver’s hours of 

21 service and duty status accurately and automatically; 

22 and 

23 ‘‘(2) meets the requirements established by the 

24 Secretary through regulation.’’. 


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1 (b) CIVIL PENALTIES.—Section 30165(a)(1) is 

2 amended by striking ‘‘or 30141 through 30147’’ and in3 serting ‘‘30141 through 30147, or 31137’’. 

4 (c) CONFORMING AMENDMENT.—The analysis for 

5 chapter 311 is amended by striking the item relating to 

6 section 31137 and inserting the following: 

‘‘31137. Electronic on-board recording devices and brake maintenance regulations.’’. 

7 SEC. 32302. SAFETY FITNESS. 

8 (a) SAFETY FITNESS RATING METHODOLOGY.—The 

9 Secretary shall— 

10 (1) incorporate into its Compliance, Safety, Ac11 countability program a safety fitness rating method12 ology that assigns sufficient weight to adverse vehi13 cle and driver performance based-data that elevate 

14 crash risks to warrant an unsatisfactory rating for 

15 a carrier; and 

16 (2) ensure that the data to support such assess17 ments is accurate. 

18 (b) INTERIM MEASURES.—Not later than March 31, 

19 2012, the Secretary shall take interim measures to imple20 ment a similar safety fitness rating methodology in its cur21 rent safety rating system if the Compliance, Safety, Ac22 countability program is not fully implemented. 


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1 SEC. 32303. DRIVER MEDICAL QUALIFICATIONS. 

2 (a) DEADLINE FOR ESTABLISHMENT OF NATIONAL

3 REGISTRY OF MEDICAL EXAMINERS.—Not later than 1 

4 year after the date of enactment of this Act, the Secretary 

5 shall establish a national registry of medical examiners in 

6 accordance with section 31149(d)(1) of title 49, United 

7 States Code. 

8 (b) EXAMINATION REQUIREMENT FOR NATIONAL

9 REGISTRY OF MEDICAL EXAMINERS.—Section 

10 31149(c)(1)(D) is amended to read as follows: 

11 ‘‘(D) not later than 1 year after enactment 

12 of the Commercial Motor Vehicle Safety En13 hancement Act of 2012, develop requirements 

14 for a medical examiner to be listed in the na15 tional registry under this section, including— 

16 ‘‘(i) the completion of specific courses 

17 and materials; 

18 ‘‘(ii) certification, including self-cer19 tification, if the Secretary determines that 

20 self-certification is necessary for sufficient 

21 participation in the national registry, to 

22 verify that a medical examiner completed 

23 specific training, including refresher 

24 courses, that the Secretary determines nec25 essary to be listed in the national registry; 


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1 ‘‘(iii) an examination that requires a 

2 passing grade; and 

3 ‘‘(iv) demonstration of a medical ex4 aminer’s willingness to meet the reporting 

5 requirements established by the Sec6 retary;’’. 

7 (c) ADDITIONAL OVERSIGHT OF LICENSING AU8 THORITIES.— 

9 (1) IN GENERAL.—Section 31149(c)(1) is 

10 amended— 

11 (A) by amending subparagraph (E) to read 

12 as follows: 

13 ‘‘(E) require medical examiners to trans14 mit electronically, on at least a monthly basis, 

15 the name of the applicant, a numerical identi16 fier, and additional information contained on 

17 the medical examiner’s certificate for any com18 pleted medical examination report required 

19 under section 391.43 of title 49, Code of Fed20 eral Regulations, to the chief medical exam21 iner;’’; 

22 (B) in subparagraph (F), by striking the 

23 period at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following: 


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1 ‘‘(G) annually review the implementation 

2 of commercial driver’s license requirements by 

3 not fewer than 10 States to assess the accu4 racy, validity, and timeliness of— 

5 ‘‘(i) the submission of physical exam6 ination reports and medical certificates to 

7 State licensing agencies; and 

8 ‘‘(ii) the processing of the submissions 

9 by State licensing agencies.’’. 

10 (2) INTERNAL OVERSIGHT POLICY.— 

11 (A) IN GENERAL.—Not later than 2 years 

12 after the date of enactment of this Act, the Sec13 retary shall establish an oversight policy and 

14 procedure to carry out section 31149(c)(1)(G) 

15 of title 49, United States Code, as added by 

16 section 32303(c)(1) of this Act. 

17 (B) EFFECTIVE DATE.—The amendments 

18 made by section 32303(c)(1) of this Act shall 

19 take effect on the date the oversight policies 

20 and procedures are established pursuant to sub21 paragraph (A). 

22 (d) ELECTRONIC FILING OF MEDICAL EXAMINATION

23 CERTIFICATES.—Section 31311(a), as amended by sec24 tions 32205(b) and 32306(b) of this Act, is amended by 

25 adding at the end the following: 


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1 ‘‘(24) Not later than 1 year after the date of 

2 enactment of the Commercial Motor Vehicle Safety 

3 Enhancement Act of 2012, the State shall establish 

4 and maintain, as part of its driver information sys5 tem, the capability to receive an electronic copy of 

6 a medical examiner’s certificate, from a certified 

7 medical examiner, for each holder of a commercial 

8 driver’s license issued by the State who operates or 

9 intends to operate in interstate commerce.’’. 

10 (e) FUNDING.— 

11 (1) AUTHORIZATION OF APPROPRIATIONS.—Of 

12 the funds provided for Data and Technology Grants 

13 under section 31104(a) of title 49, United States 

14 Code, there are authorized to be appropriated from 

15 the Highway Trust Fund (other than the Mass 

16 Transit Account) for the Secretary to make grants 

17 to States or an organization representing agencies 

18 and officials of the States to support development 

19 costs of the information technology needed to carry 

20 out section 31311(a)(24) of title 49, United States 

21 Code— 

22 (A) up to $1,000,000 for fiscal year 2012; 

23 and 

24 (B) up to $1,000,000 for fiscal year 2013. 


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1 (2) PERIOD OF AVAILABILITY.—The amounts 

2 made available under this subsection shall remain 

3 available until expended. 

4 SEC. 32304. COMMERCIAL DRIVER’S LICENSE NOTIFICA5 TION SYSTEM. 

6 (a) IN GENERAL.—Section 31304 is amended— 

7 (1) by striking ‘‘An employer’’ and inserting the 

8 following: 

9 ‘‘(a) IN GENERAL.—An employer’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(b) DRIVER VIOLATION RECORDS.— 

12 ‘‘(1) PERIODIC REVIEW.—Except as provided in 

13 paragraph (3), an employer shall ascertain the driv14 ing record of each driver it employs— 

15 ‘‘(A) by making an inquiry at least once 

16 every 12 months to the appropriate State agen17 cy in which the driver held or holds a commer18 cial driver’s license or permit during such time 

19 period; 

20 ‘‘(B) by receiving occurrence-based reports 

21 of changes in the status of a driver’s record 

22 from 1 or more driver record notification sys23 tems that meet minimum standards issued by 

24 the Secretary; or 


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1 ‘‘(C) by a combination of inquiries to 

2 States and reports from driver record notifica3 tion systems. 

4 ‘‘(2) RECORD KEEPING.—A copy of the reports 

5 received under paragraph (1) shall be maintained in 

6 the driver’s qualification file. 

7 ‘‘(3) EXCEPTIONS TO RECORD REVIEW RE8 QUIREMENT.—Paragraph (1) shall not apply to a 

9 driver employed by an employer who, in any 7-day 

10 period, is employed or used as a driver by more than 

11 1 employer— 

12 ‘‘(A) if the employer obtains the driver’s 

13 identification number, type, and issuing State 

14 of the driver’s commercial motor vehicle license; 

15 or 

16 ‘‘(B) if the information described in sub17 paragraph (A) is furnished by another employer 

18 and the employer that regularly employs the 

19 driver meets the other requirements under this 

20 section. 

21 ‘‘(4) DRIVER RECORD NOTIFICATION SYSTEM

22 DEFINED.—In this section, the term ‘driver record 

23 notification system’ means a system that automati24 cally furnishes an employer with a report, generated 

25 by the appropriate agency of a State, on the change 


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1 in the status of an employee’s driver’s license due to 

2 a conviction for a moving violation, a failure to ap3 pear, an accident, driver’s license suspension, driv4 er’s license revocation, or any other action taken 

5 against the driving privilege.’’. 

6 (b) STANDARDS FOR DRIVER RECORD NOTIFICATION

7 SYSTEMS.—Not later than 1 year after the date of enact8 ment of this Act, the Secretary shall issue minimum 

9 standards for driver notification systems, including stand10 ards for the accuracy, consistency, and completeness of the 

11 information provided. 

12 (c) PLAN FOR NATIONAL NOTIFICATION SYSTEM.— 

13 (1) DEVELOPMENT.—Not later than 2 years 

14 after the date of enactment of this Act, the Sec15 retary shall develop recommendations and a plan for 

16 the development and implementation of a national 

17 driver record notification system, including— 

18 (A) an assessment of the merits of achiev19 ing a national system by expanding the Com20 mercial Driver’s License Information System; 

21 and 

22 (B) an estimate of the fees that an em23 ployer will be charged to offset the operating 

24 costs of the national system. 


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1 (2) SUBMISSION TO CONGRESS.—Not later than 

2 90 days after the recommendations and plan are de3 veloped under paragraph (1), the Secretary shall 

4 submit a report on the recommendations and plan to 

5 the Committee on Commerce, Science, and Trans6 portation of the Senate and the Committee on 

7 Transportation and Infrastructure of the House of 

8 Representatives. 

9 SEC. 32305. COMMERCIAL MOTOR VEHICLE OPERATOR 

10 TRAINING. 

11 (a) IN GENERAL.—Section 31305 is amended by 

12 adding at the end the following: 

13 ‘‘(c) STANDARDS FOR TRAINING.—Not later than 6 

14 months after the date of enactment of the Commercial 

15 Motor Vehicle Safety Enhancement Act of 2012, the Sec16 retary shall issue final regulations establishing minimum 

17 entry-level training requirements for an individual oper18 ating a commercial motor vehicle— 

19 ‘‘(1) addressing the knowledge and skills that— 

20 ‘‘(A) are necessary for an individual oper21 ating a commercial motor vehicle to safely oper22 ate a commercial motor vehicle; and 

23 ‘‘(B) must be acquired before obtaining a 

24 commercial driver’s license for the first time or 


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1 upgrading from one class of commercial driver’s 

2 license to another class; 

3 ‘‘(2) addressing the specific training needs of a 

4 commercial motor vehicle operator seeking passenger 

5 or hazardous materials endorsements, including for 

6 an operator seeking a passenger endorsement train7 ing— 

8 ‘‘(A) to suppress motorcoach fires; and 

9 ‘‘(B) to evacuate passengers from 

10 motorcoaches safely; 

11 ‘‘(3) requiring effective instruction to acquire 

12 the knowledge, skills, and training referred to in 

13 paragraphs (1) and (2), including classroom and be14 hind-the-wheel instruction; 

15 ‘‘(4) requiring certification that an individual 

16 operating a commercial motor vehicle meets the re17 quirements established by the Secretary; and 

18 ‘‘(5) requiring a training provider (including a 

19 public or private driving school, motor carrier, or 

20 owner or operator of a commercial motor vehicle) 

21 that offers training that results in the issuance of a 

22 certification to an individual under paragraph (4) to 

23 demonstrate that the training meets the require24 ments of the regulations, through a process estab25 lished by the Secretary.’’. 


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1 (b) COMMERCIAL DRIVER’S LICENSE UNIFORM

2 STANDARDS.—Section 31308(1) is amended to read as 

3 follows: 

4 ‘‘(1) an individual issued a commercial driver’s 

5 license— 

6 ‘‘(A) pass written and driving tests for the 

7 operation of a commercial motor vehicle that 

8 comply with the minimum standards prescribed 

9 by the Secretary under section 31305(a); and 

10 ‘‘(B) present certification of completion of 

11 driver training that meets the requirements es12 tablished by the Secretary under section 

13 31305(c);’’. 

14 (c) CONFORMING AMENDMENT.—The section head15 ing for section 31305 is amended to read as follows: 

16 ‘‘§ 31305. General driver fitness, testing, and train17 ing’’. 

18 (d) CONFORMING AMENDMENT.—The analysis for 

19 chapter 313 is amended by striking the item relating to 

20 section 31305 and inserting the following: 

‘‘31305. General driver fitness, testing, and training.’’. 

21 SEC. 32306. COMMERCIAL DRIVER’S LICENSE PROGRAM. 

22 (a) IN GENERAL.—Section 31309 is amended— 

23 (1) in subsection (e)(4), by amending subpara24 graph (A) to read as follows: 


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1 ‘‘(A) IN GENERAL.—The plan shall speci2 fy— 

3 ‘‘(i) a date by which all States shall 

4 be operating commercial driver’s license in5 formation systems that are compatible with 

6 the modernized information system under 

7 this section; and 

8 ‘‘(ii) that States must use the systems 

9 to receive and submit conviction and dis10 qualification data.’’; and 

11 (2) in subsection (f), by striking ‘‘use’’ and in12 serting ‘‘use, subject to section 31313(a),’’. 

13 (b) REQUIREMENTS FOR STATE PARTICIPATION.— 

14 Section 31311 is amended— 

15 (1) in subsection (a), as amended by section 

16 32205(b) of this Act— 

17 (A) in paragraph (5), by striking ‘‘At 

18 least’’ and all that follows through ‘‘regula19 tion),’’ and inserting: ‘‘Not later than the time 

20 period prescribed by the Secretary by regula21 tion,’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(23) Not later than 1 year after the date of 

24 enactment of the Commercial Motor Vehicle Safety 

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1 ment a system and practices for the exclusive elec2 tronic exchange of driver history record information 

3 on the system the Secretary maintains under section 

4 31309, including the posting of convictions, with5 drawals, and disqualifications.’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(d) CRITICAL REQUIREMENTS.— 

8 ‘‘(1) IDENTIFICATION OF CRITICAL REQUIRE9 MENTS.—After reviewing the requirements under 

10 subsection (a), including the regulations issued pur11 suant to subsection (a) and section 31309(e)(4), the 

12 Secretary shall identify the requirements that are 

13 critical to an effective State commercial driver’s li14 cense program. 

15 ‘‘(2) GUIDANCE.—Not later than 180 days 

16 after the date of enactment of the Commercial 

17 Motor Vehicle Safety Enhancement Act of 2012, the 

18 Secretary shall issue guidance to assist States in 

19 complying with the critical requirements identified 

20 under paragraph (1). The guidance shall include a 

21 description of the actions that each State must take 

22 to collect and share accurate and complete data in 

23 a timely manner. 

24 ‘‘(e) STATE COMMERCIAL DRIVER’S LICENSE PRO25 GRAM PLAN.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the Secretary issues guidance under subsection 

3 (d)(2), a State shall submit a plan to the Secretary 

4 for complying with the requirements under this sec5 tion during the period beginning on the date the 

6 plan is submitted and ending on September 30, 

7 2016. 

8 ‘‘(2) CONTENTS.—A plan submitted by a State 

9 under paragraph (1) shall identify— 

10 ‘‘(A) the actions that the State will take to 

11 comply with the critical requirements identified 

12 under subsection (d)(1); 

13 ‘‘(B) the actions that the State will take to 

14 address any deficiencies in the State’s commer15 cial driver’s license program, as identified by 

16 the Secretary in the most recent audit of the 

17 program; and 

18 ‘‘(C) other actions that the State will take 

19 to comply with the requirements under sub20 section (a). 

21 ‘‘(3) PRIORITY.— 

22 ‘‘(A) IMPLEMENTATION SCHEDULE.—A 

23 plan submitted by a State under paragraph (1) 

24 shall include a schedule for the implementation 

25 of the actions identified under paragraph (2). 


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1 In establishing the schedule, the State shall 

2 prioritize the actions identified under para3 graphs (2)(A) and (2)(B). 

4 ‘‘(B) DEADLINE FOR COMPLIANCE WITH

5 CRITICAL REQUIREMENTS.—A plan submitted 

6 by a State under paragraph (1) shall include 

7 assurances that the State will take the nec8 essary actions to comply with the critical re9 quirements pursuant to subsection (d) not later 

10 than September 30, 2015. 

11 ‘‘(4) APPROVAL AND DISAPPROVAL.—The Sec12 retary shall— 

13 ‘‘(A) review each plan submitted under 

14 paragraph (1); 

15 ‘‘(B) approve a plan that the Secretary de16 termines meets the requirements under this 

17 subsection and promotes the goals of this chap18 ter; and 

19 ‘‘(C) disapprove a plan that the Secretary 

20 determines does not meet the requirements or 

21 does not promote the goals. 

22 ‘‘(5) MODIFICATION OF DISAPPROVED PLANS.— 

23 If the Secretary disapproves a plan under paragraph 

24 (4)(C), the Secretary shall— 


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1 ‘‘(A) provide a written explanation of the 

2 disapproval to the State; and 

3 ‘‘(B) allow the State to modify the plan 

4 and resubmit it for approval. 

5 ‘‘(6) PLAN UPDATES.—The Secretary may re6 quire a State to review and update a plan, as appro7 priate. 

8 ‘‘(f) ANNUAL COMPARISON OF STATE LEVELS OF

9 COMPLIANCE.—The Secretary shall annually— 

10 ‘‘(1) compare the relative levels of compliance 

11 by States with the requirements under subsection 

12 (a); and 

13 ‘‘(2) make the results of the comparison avail14 able to the public.’’. 

15 (c) DECERTIFICATION AUTHORITY.—Section 31312 

16 is amended— 

17 (1) by redesignating subsections (b) and (c) as 

18 subsections (c) and (d), respectively; and 

19 (2) by inserting after subsection (a) the fol20 lowing: 

21 ‘‘(b) DEADLINE FOR COMPLIANCE WITH CRITICAL

22 REQUIREMENTS.—Beginning on October 1, 2016, in mak23 ing a determination under subsection (a), the Secretary 

24 shall consider a State to be in substantial noncompliance 

25 with this chapter if the Secretary determines that— 


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1 ‘‘(1) the State is not complying with a critical 

2 requirement under section 31311(d)(1); and 

3 ‘‘(2) sufficient grant funding was made avail4 able to the State under section 31313(a) to comply 

5 with the requirement.’’. 

6 SEC. 32307. COMMERCIAL DRIVER’S LICENSE REQUIRE7 MENTS. 

8 (a) LICENSING STANDARDS.—Section 31305(a)(7) is 

9 amended by inserting ‘‘would not be subject to a disquali10 fication under section 31310(g) of this title and’’ after 

11 ‘‘taking the tests’’. 

12 (b) DISQUALIFICATIONS.—Section 31310(g)(1) is 

13 amended by deleting ‘‘who holds a commercial driver’s li14 cense and’’. 

15 SEC. 32308. COMMERCIAL MOTOR VEHICLE DRIVER INFOR16 MATION SYSTEMS. 

17 Section 31106(c) is amended— 

18 (1) by striking the subsection heading and in19 serting ‘‘(1) IN GENERAL.—’’; 

20 (2) by redesignating paragraphs (1) through 

21 (4) as subparagraphs (A) through (D); and 

22 (3) by adding at the end the following: 

23 ‘‘(2) ACCESS TO RECORDS.—The Secretary may 

24 require a State, as a condition of an award of grant 

25 money under this section, to provide the Secretary 


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1 access to all State licensing status and driver history 

2 records via an electronic information system, subject 

3 to section 2721 of title 18.’’. 

4 SEC. 32309. DISQUALIFICATIONS BASED ON NON-COMMER5 CIAL MOTOR VEHICLE OPERATIONS. 

6 (a) FIRST OFFENSE.—Section 31310(b)(1)(D) is 

7 amended by striking ‘‘commercial’’ after ‘‘revoked, sus8 pended, or canceled based on the individual’s operation of 

9 a,’’ and before ‘‘motor vehicle’’. 

10 (b) SECOND OFFENSE.—Section 31310(c)(1)(D) is 

11 amended by striking ‘‘commercial’’ after ‘‘revoked, sus12 pended, or canceled based on the individual’s operation of 

13 a,’’ and before ‘‘motor vehicle’’. 

14 SEC. 32310. FEDERAL DRIVER DISQUALIFICATIONS. 

15 (a) DISQUALIFICATION DEFINED.—Section 31301, 

16 as amended by section 32205 of this Act, is amended— 

17 (1) by redesignating paragraphs (6) through 

18 (15) as paragraphs (7) through (16), respectively; 

19 and 

20 (2) by inserting after paragraph (5) the fol21 lowing: 

22 ‘‘(6) ‘Disqualification’ means— 

23 ‘‘(A) the suspension, revocation, or can24 cellation of a commercial driver’s license by the 

25 State of issuance; 


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1 ‘‘(B) a withdrawal of an individual’s privi2 lege to drive a commercial motor vehicle by a 

3 State or other jurisdiction as the result of a vio4 lation of State or local law relating to motor ve5 hicle traffic control, except for a parking, vehi6 cle weight, or vehicle defect violation; 

7 ‘‘(C) a determination by the Secretary that 

8 an individual is not qualified to operate a com9 mercial motor vehicle; or 

10 ‘‘(D) a determination by the Secretary that 

11 a commercial motor vehicle driver is unfit under 

12 section 31144(g).’’. 

13 (b) COMMERCIAL DRIVER’S LICENSE INFORMATION

14 SYSTEM CONTENTS.—Section 31309(b)(1)(F) is amended 

15 by inserting after ‘‘disqualified’’ the following: ‘‘by the 

16 State that issued the individual a commercial driver’s li17 cense, or by the Secretary,’’. 

18 (c) STATE ACTION ON FEDERAL DISQUALIFICA19 TION.—Section 31310(h) is amended by inserting after 

20 the first sentence the following: 

21 ‘‘If the State has not disqualified the individual from 

22 operating a commercial vehicle under subsections (b) 

23 through (g), the State shall disqualify the individual if the 

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1 dividual is disqualified from operating a commercial motor 

2 vehicle.’’. 

3 SEC. 32311. EMPLOYER RESPONSIBILITIES. 

4 Section 31304, as amended by section 32304 of this 

5 Act, is amended in subsection (a)— 

6 (1) by striking ‘‘knowingly’’; and 

7 (2) by striking ‘‘in which’’ and inserting ‘‘that 

8 the employer knows or should reasonably know 

9 that’’. 

10 SEC. 32312. IMPROVING AND EXPEDITING SAFETY ASSESS11 MENTS IN THE COMMERCIAL DRIVER’S LI12 CENSE APPLICATION PROCESS FOR MEM13 BERS AND FORMER MEMBERS OF THE 

14 ARMED FORCES. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of the enactment of this Act, the Secretary, 

18 in coordination with the Secretary of Defense, and 

19 in consultation with the States and other relevant 

20 stakeholders, shall commence a study to assess Fed21 eral and State regulatory, economic, and administra22 tive challenges faced by members and former mem23 bers of the Armed Forces, who received safety train24 ing and operated qualifying motor vehicles during 

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1 censes (as defined in section 31301(3) of title 49, 

2 United States Code). 

3 (2) REQUIREMENTS.—The study under this 

4 subsection shall— 

5 (A) identify written and behind-the-wheel 

6 safety training, qualification standards, knowl7 edge and skills tests, or other operating experi8 ence members of the Armed Forces must meet 

9 that satisfy the minimum standards prescribed 

10 by the Secretary of Transportation for the oper11 ation of commercial motor vehicles under sec12 tion 31305 of title 49, United States Code; 

13 (B) compare the alcohol and controlled 

14 substances testing requirements for members of 

15 the Armed Forces with those required for hold16 ers of a commercial driver’s license; 

17 (C) evaluate the cause of delays in review18 ing applications for commercial driver’s licenses 

19 of members and former members of the Armed 

20 Forces; 

21 (D) identify duplicative application costs; 

22 (E) identify residency, domicile, training 

23 and testing requirements, and other safety or 

24 health assessments that affect or delay the 

25 issuance of commercial driver’s licenses to 


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1 members and former members of the Armed 

2 Forces; and 

3 (F) include other factors that the Sec4 retary determines to be appropriate to meet the 

5 requirements of the study. 

6 (b) REPORT.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the commencement of the study under sub9 section (a), the Secretary shall submit a report to 

10 the Committee on Commerce, Science, and Trans11 portation of the Senate and the Committee on Fi12 nancial Services of the House of Representatives 

13 that contains the findings and recommendations 

14 from the study. 

15 (2) ELEMENTS.—The report under paragraph 

16 (1) shall include— 

17 (A) findings related to the study require18 ments under subsection (a)(2); 

19 (B) recommendations for the Federal and 

20 State legislative, regulatory, and administrative 

21 actions necessary to address challenges identi22 fied in subparagraph (A); and 

23 (C) a plan to implement the recommenda24 tions for which the Secretary has authority. 


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1 (c) IMPLEMENTATION.—Upon the completion of the 

2 report under subsection (b), the Secretary shall implement 

3 the plan described in subsection (b)(2)(C). 

4 Subtitle D—Safe Roads Act of 2012 

5 SEC. 32401. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Safe Roads Act 

7 of 2012’’. 

8 SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED 

9 SUBSTANCE AND ALCOHOL TEST RESULTS OF 

10 COMMERCIAL MOTOR VEHICLE OPERATORS. 

11 (a) IN GENERAL.—Chapter 313 is amended— 

12 (1) in section 31306(a), by inserting ‘‘and sec13 tion 31306a’’ after ‘‘this section’’; and 

14 (2) by inserting after section 31306 the fol15 lowing: 

16 ‘‘§ 31306a. National clearinghouse for controlled sub17 stance and alcohol test results of com18 mercial motor vehicle operators 

19 ‘‘(a) ESTABLISHMENT.— 

20 ‘‘(1) IN GENERAL.—Not later than 2 years 

21 after the date of enactment of the Safe Roads Act 

22 of 2012, the Secretary of Transportation shall estab23 lish a national clearinghouse for records relating to 

24 alcohol and controlled substances testing of commer25 cial motor vehicle operators. 


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1 ‘‘(2) PURPOSES.—The purposes of the clearing2 house shall be— 

3 ‘‘(A) to improve compliance with the De4 partment of Transportation’s alcohol and con5 trolled substances testing program applicable to 

6 commercial motor vehicle operators; 

7 ‘‘(B) to facilitate access to information 

8 about an individual before employing the indi9 vidual as a commercial motor vehicle operator; 

10 ‘‘(C) to enhance the safety of our United 

11 States roadways by reducing accident fatalities 

12 involving commercial motor vehicles; and 

13 ‘‘(D) to reduce the number of impaired 

14 commercial motor vehicle operators. 

15 ‘‘(3) CONTENTS.—The clearinghouse shall func16 tion as a repository for records relating to the posi17 tive test results and test refusals of commercial 

18 motor vehicle operators and violations by such oper19 ators of prohibitions set forth in subpart B of part 

20 382 of title 49, Code of Federal Regulations (or any 

21 subsequent corresponding regulations). 

22 ‘‘(4) ELECTRONIC EXCHANGE OF RECORDS.— 

23 The Secretary shall ensure that records can be elec24 tronically submitted to, and requested from, the 

25 clearinghouse by authorized users. 


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1 ‘‘(5) AUTHORIZED OPERATOR.—The Secretary 

2 may authorize a qualified and experienced private 

3 entity to operate and maintain the clearinghouse and 

4 to collect fees on behalf of the Secretary under sub5 section (e). The entity shall establish, operate, main6 tain and expand the clearinghouse and permit access 

7 to driver information and records from the clearing8 house in accordance with this section. 

9 ‘‘(b) DESIGN OF CLEARINGHOUSE.— 

10 ‘‘(1) USE OF FEDERAL MOTOR CARRIER SAFETY

11 ADMINISTRATION RECOMMENDATIONS.—In estab12 lishing the clearinghouse, the Secretary shall con13 sider— 

14 ‘‘(A) the findings and recommendations 

15 contained in the Federal Motor Carrier Safety 

16 Administration’s March 2004 report to Con17 gress required under section 226 of the Motor 

18 Carrier Safety Improvement Act of 1999 (49 

19 U.S.C. 31306 note); and 

20 ‘‘(B) the findings and recommendations 

21 contained in the Government Accountability Of22 fice’s May 2008 report to Congress entitled 

23 ‘Motor Carrier Safety: Improvements to Drug 

24 Testing Programs Could Better Identify Illegal 

25 Drug Users and Keep Them off the Road.’. 


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1 ‘‘(2) DEVELOPMENT OF SECURE PROCESSES.— 

2 In establishing the clearinghouse, the Secretary shall 

3 develop a secure process for— 

4 ‘‘(A) administering and managing the 

5 clearinghouse in compliance with applicable 

6 Federal security standards; 

7 ‘‘(B) registering and authenticating au8 thorized users of the clearinghouse; 

9 ‘‘(C) registering and authenticating per10 sons required to report to the clearinghouse 

11 under subsection (g); 

12 ‘‘(D) preventing the unauthorized access of 

13 information from the clearinghouse; 

14 ‘‘(E) storing and transmitting data; 

15 ‘‘(F) persons required to report to the 

16 clearinghouse under subsection (g) to timely 

17 and accurately submit electronic data to the 

18 clearinghouse; 

19 ‘‘(G) generating timely and accurate re20 ports from the clearinghouse in response to re21 quests for information by authorized users; and 

22 ‘‘(H) updating an individual’s record upon 

23 completion of the return-to-duty process de24 scribed in title 49, Code of Federal Regulations. 


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1 ‘‘(3) EMPLOYER ALERT OF POSITIVE TEST RE2 SULT.—In establishing the clearinghouse, the Sec3 retary shall develop a secure method for electroni4 cally notifying an employer of each additional posi5 tive test result or other noncompliance— 

6 ‘‘(A) for an employee, that is entered into 

7 the clearinghouse during the 7-day period im8 mediately following an employer’s inquiry about 

9 the employee; and 

10 ‘‘(B) for an employee who is listed as hav11 ing multiple employers. 

12 ‘‘(4) ARCHIVE CAPABILITY.—In establishing the 

13 clearinghouse, the Secretary shall develop a process 

14 for archiving all clearinghouse records, including the 

15 depositing of personal records, records relating to 

16 each individual in the database, and access requests 

17 for personal records, for the purposes of— 

18 ‘‘(A) auditing and evaluating the timeli19 ness, accuracy, and completeness of data in the 

20 clearinghouse; and 

21 ‘‘(B) auditing to monitor compliance and 

22 enforce penalties for noncompliance. 

23 ‘‘(5) FUTURE NEEDS.— 


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1 ‘‘(A) INTEROPERABILITY WITH OTHER

2 DATA SYSTEMS.—In establishing the clearing3 house, the Secretary shall consider— 

4 ‘‘(i) the existing data systems con5 taining regulatory and safety data for com6 mercial motor vehicle operators; 

7 ‘‘(ii) the efficacy of using or com8 bining clearinghouse data with 1 or more 

9 of such systems; and 

10 ‘‘(iii) the potential interoperability of 

11 the clearinghouse with such systems. 

12 ‘‘(B) SPECIFIC CONSIDERATIONS.—In car13 rying out subparagraph (A), the Secretary shall 

14 determine— 

15 ‘‘(i) the clearinghouse’s capability for 

16 interoperability with— 

17 ‘‘(I) the National Driver Register 

18 established under section 30302; 

19 ‘‘(II) the Commercial Driver’s Li20 cense Information System established 

21 under section 31309; 

22 ‘‘(III) the Motor Carrier Manage23 ment Information System for pre24 employment screening services under 

25 section 31150; and 


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1 ‘‘(IV) other data systems, as ap2 propriate; and 

3 ‘‘(ii) any change to the administration 

4 of the current testing program, such as 

5 forms, that is necessary to collect data for 

6 the clearinghouse. 

7 ‘‘(c) STANDARD FORMATS.—The Secretary shall de8 velop standard formats to be used— 

9 ‘‘(1) by an authorized user of the clearinghouse 

10 to— 

11 ‘‘(A) request a record from the clearing12 house; and 

13 ‘‘(B) obtain the consent of an individual 

14 who is the subject of a request from the clear15 inghouse, if applicable; and 

16 ‘‘(2) to notify an individual that a positive alco17 hol or controlled substances test result, refusing to 

18 test, and a violation of any of the prohibitions under 

19 subpart B of part 382 of title 49, Code of Federal 

20 Regulations (or any subsequent corresponding regu21 lations), will be reported to the clearinghouse. 

22 ‘‘(d) PRIVACY.—A release of information from the 

23 clearinghouse shall— 


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1 ‘‘(1) comply with applicable Federal privacy 

2 laws, including the fair information practices under 

3 the Privacy Act of 1974 (5 U.S.C. 552a); 

4 ‘‘(2) comply with applicable sections of the Fair 

5 Credit Reporting Act (15 U.S.C. 1681 et seq.); and 

6 ‘‘(3) not be made to any person or entity unless 

7 expressly authorized or required by law. 

8 ‘‘(e) FEES.— 

9 ‘‘(1) AUTHORITY TO COLLECT FEES.—Except 

10 as provided under paragraph (3), the Secretary may 

11 collect a reasonable, customary, and nominal fee 

12 from an authorized user of the clearinghouse for a 

13 request for information from the clearinghouse. 

14 ‘‘(2) USE OF FEES.—Fees collected under this 

15 subsection shall be used for the operation and main16 tenance of the clearinghouse. 

17 ‘‘(3) LIMITATION.—The Secretary may not col18 lect a fee from an individual requesting information 

19 from the clearinghouse that pertains to the record of 

20 that individual. 

21 ‘‘(f) EMPLOYER REQUIREMENTS.— 

22 ‘‘(1) DETERMINATION CONCERNING USE OF

23 CLEARINGHOUSE.—The Secretary shall determine if 

24 an employer is authorized to use the clearinghouse 

25 to meet the alcohol and controlled substances testing 


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1 requirements under title 49, Code of Federal Regu2 lations. 

3 ‘‘(2) APPLICABILITY OF EXISTING REQUIRE4 MENTS.—Each employer and service agent shall 

5 comply with the alcohol and controlled substances 

6 testing requirements under title 49, Code of Federal 

7 Regulations. 

8 ‘‘(3) EMPLOYMENT PROHIBITIONS.—Beginning 

9 30 days after the date that the clearinghouse is es10 tablished under subsection (a), an employer shall not 

11 hire an individual to operate a commercial motor ve12 hicle unless the employer determines that the indi13 vidual, during the preceding 3-year period— 

14 ‘‘(A) if tested for the use of alcohol and 

15 controlled substances, as required under title 

16 49, Code of Federal Regulations— 

17 ‘‘(i) did not test positive for the use of 

18 alcohol or controlled substances in violation 

19 of the regulations; or 

20 ‘‘(ii) tested positive for the use of al21 cohol or controlled substances and com22 pleted the required return-to-duty process 

23 under title 49, Code of Federal Regula24 tions; 


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1 ‘‘(B)(i) did not refuse to take an alcohol or 

2 controlled substance test under title 49, Code of 

3 Federal Regulations; or 

4 ‘‘(ii) refused to take an alcohol or con5 trolled substance test and completed the 

6 required return-to-duty process under title 

7 49, Code of Federal Regulations; and 

8 ‘‘(C) did not violate any other provision of 

9 subpart B of part 382 of title 49, Code of Fed10 eral Regulations (or any subsequent cor11 responding regulations). 

12 ‘‘(4) ANNUAL REVIEW.—Beginning 30 days 

13 after the date that the clearinghouse is established 

14 under subsection (a), an employer shall request and 

15 review a commercial motor vehicle operator’s record 

16 from the clearinghouse annually for as long as the 

17 commercial motor vehicle operator is under the em18 ploy of the employer. 

19 ‘‘(g) REPORTING OF RECORDS.— 

20 ‘‘(1) IN GENERAL.—Beginning 30 days after 

21 the date that the clearinghouse is established under 

22 subsection (a), a medical review officer, employer, 

23 service agent, and other appropriate person, as de24 termined by the Secretary, shall promptly submit to 


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1 the Secretary any record generated after the clear2 inghouse is initiated of an individual who— 

3 ‘‘(A) refuses to take an alcohol or con4 trolled substances test required under title 49, 

5 Code of Federal Regulations; 

6 ‘‘(B) tests positive for alcohol or a con7 trolled substance in violation of the regulations; 

8 or 

9 ‘‘(C) violates any other provision of sub10 part B of part 382 of title 49, Code of Federal 

11 Regulations (or any subsequent corresponding 

12 regulations). 

13 ‘‘(2) INCLUSION OF RECORDS IN CLEARING14 HOUSE.—The Secretary shall include in the clearing15 house the records of positive test results and test re16 fusals received under paragraph (1). 

17 ‘‘(3) MODIFICATIONS AND DELETIONS.—If the 

18 Secretary determines that a record contained in the 

19 clearinghouse is not accurate, the Secretary shall 

20 modify or delete the record, as appropriate. 

21 ‘‘(4) NOTIFICATION.—The Secretary shall expe22 ditiously notify an individual, unless such notifica23 tion would be duplicative, when— 

24 ‘‘(A) a record relating to the individual is 

25 received by the clearinghouse; 


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1 ‘‘(B) a record in the clearinghouse relating 

2 to the individual is modified or deleted, and in3 clude in the notification the reason for the 

4 modification or deletion; or 

5 ‘‘(C) a record in the clearinghouse relating 

6 to the individual is released to an employer and 

7 specify the reason for the release. 

8 ‘‘(5) DATA QUALITY AND SECURITY STANDARDS

9 FOR REPORTING AND RELEASING.—The Secretary 

10 may establish additional requirements, as appro11 priate, to ensure that— 

12 ‘‘(A) the submission of records to the 

13 clearinghouse is timely and accurate; 

14 ‘‘(B) the release of data from the clearing15 house is timely, accurate, and released to the 

16 appropriate authorized user under this section; 

17 and 

18 ‘‘(C) an individual with a record in the 

19 clearinghouse has a cause of action for any in20 appropriate use of information included in the 

21 clearinghouse. 

22 ‘‘(6) RETENTION OF RECORDS.—The Secretary 

23 shall— 


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1 ‘‘(A) retain a record submitted to the 

2 clearinghouse for a 5-year period beginning on 

3 the date the record is submitted; 

4 ‘‘(B) remove the record from the clearing5 house at the end of the 5-year period, unless 

6 the individual fails to meet a return-to-duty or 

7 follow-up requirement under title 49, Code of 

8 Federal Regulations; and 

9 ‘‘(C) retain a record after the end of the 

10 5-year period in a separate location for 

11 archiving and auditing purposes. 

12 ‘‘(h) AUTHORIZED USERS.— 

13 ‘‘(1) EMPLOYERS.—The Secretary shall estab14 lish a process for an employer to request and receive 

15 an individual’s record from the clearinghouse. 

16 ‘‘(A) CONSENT.—An employer may not ac17 cess an individual’s record from the clearing18 house unless the employer— 

19 ‘‘(i) obtains the prior written or elec20 tronic consent of the individual for access 

21 to the record; and 

22 ‘‘(ii) submits proof of the individual’s 

23 consent to the Secretary. 

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1 ual’s record under subparagraph (A), the Sec2 retary shall grant access to the individual’s 

3 record to the employer as expeditiously as prac4 ticable. 

5 ‘‘(C) RETENTION OF RECORD RE6 QUESTS.—The Secretary shall require an em7 ployer to retain for a 3-year period— 

8 ‘‘(i) a record of each request made by 

9 the employer for records from the clearing10 house; and 

11 ‘‘(ii) the information received pursu12 ant to the request. 

13 ‘‘(D) USE OF RECORDS.—An employer 

14 may use an individual’s record received from 

15 the clearinghouse only to assess and evaluate 

16 the qualifications of the individual to operate a 

17 commercial motor vehicle for the employer. 

18 ‘‘(E) PROTECTION OF PRIVACY OF INDI19 VIDUALS.—An employer that receives an indi20 vidual’s record from the clearinghouse under 

21 subparagraph (B) shall— 

22 ‘‘(i) protect the privacy of the indi23 vidual and the confidentiality of the record; 

24 and 


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1 ‘‘(ii) ensure that information con2 tained in the record is not divulged to a 

3 person or entity that is not directly in4 volved in assessing and evaluating the 

5 qualifications of the individual to operate a 

6 commercial motor vehicle for the employer. 

7 ‘‘(2) STATE LICENSING AUTHORITIES.—The 

8 Secretary shall establish a process for the chief com9 mercial driver’s licensing official of a State to re10 quest and receive an individual’s record from the 

11 clearinghouse if the individual is applying for a com12 mercial driver’s license from the State. 

13 ‘‘(A) CONSENT.—The Secretary may grant 

14 access to an individual’s record in the clearing15 house under this paragraph without the prior 

16 written or electronic consent of the individual. 

17 An individual who holds a commercial driver’s 

18 license shall be deemed to consent to such ac19 cess by obtaining a commercial driver’s license. 

20 ‘‘(B) PROTECTION OF PRIVACY OF INDI21 VIDUALS.—A chief commercial driver’s licensing 

22 official of a State that receives an individual’s 

23 record from the clearinghouse under this para24 graph shall— 


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1 ‘‘(i) protect the privacy of the indi2 vidual and the confidentiality of the record; 

3 and 

4 ‘‘(ii) ensure that the information in 

5 the record is not divulged to any person 

6 that is not directly involved in assessing 

7 and evaluating the qualifications of the in8 dividual to operate a commercial motor ve9 hicle. 

10 ‘‘(3) NATIONAL TRANSPORTATION SAFETY

11 BOARD.—The Secretary shall establish a process for 

12 the National Transportation Safety Board to request 

13 and receive an individual’s record from the clearing14 house if the individual is involved in an accident that 

15 is under investigation by the National Transpor16 tation Safety Board. 

17 ‘‘(A) CONSENT.—The Secretary may grant 

18 access to an individual’s record in the clearing19 house under this paragraph without the prior 

20 written or electronic consent of the individual. 

21 An individual who holds a commercial driver’s 

22 license shall be deemed to consent to such ac23 cess by obtaining a commercial driver’s license. 

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1 portation Safety Board that receives an individ2 ual’s record from the clearinghouse under this 

3 paragraph shall— 

4 ‘‘(i) protect the privacy of the indi5 vidual and the confidentiality of the record; 

6 and 

7 ‘‘(ii) unless the official determines 

8 that the information in the individual’s 

9 record should be reported under section 

10 1131(e), ensure that the information in the 

11 record is not divulged to any person that 

12 is not directly involved with investigating 

13 the accident. 

14 ‘‘(4) ADDITIONAL AUTHORIZED USERS.—The 

15 Secretary shall consider whether to grant access to 

16 the clearinghouse to additional users. The Secretary 

17 may authorize access to an individual’s record from 

18 the clearinghouse to an additional user if the Sec19 retary determines that granting access will further 

20 the purposes under subsection (a)(2). In determining 

21 whether the access will further the purposes under 

22 subsection (a)(2), the Secretary shall consider, 

23 among other things— 

24 ‘‘(A) what use the additional user will 

25 make of the individual’s record; 


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1 ‘‘(B) the costs and benefits of the use; and 

2 ‘‘(C) how to protect the privacy of the indi3 vidual and the confidentiality of the record. 

4 ‘‘(i) ACCESS TO CLEARINGHOUSE BY INDIVIDUALS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish a process for an individual to request and re7 ceive information from the clearinghouse— 

8 ‘‘(A) to determine whether the clearing9 house contains a record pertaining to the indi10 vidual; 

11 ‘‘(B) to verify the accuracy of a record; 

12 ‘‘(C) to update an individual’s record, in13 cluding completing the return-to-duty process 

14 described in title 49, Code of Federal Regula15 tions; and 

16 ‘‘(D) to determine whether the clearing17 house received requests for the individual’s in18 formation. 

19 ‘‘(2) DISPUTE PROCEDURE.—The Secretary 

20 shall establish a procedure, including an appeal 

21 process, for an individual to dispute and remedy an 

22 administrative error in the individual’s record. 

23 ‘‘(j) PENALTIES.— 

24 ‘‘(1) IN GENERAL.—An employer, employee, 

25 medical review officer, or service agent who violates 


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1 any provision of this section shall be subject to civil 

2 penalties under section 521(b)(2)(C) and criminal 

3 penalties under section 521(b)(6)(B), and any other 

4 applicable civil and criminal penalties, as determined 

5 by the Secretary. 

6 ‘‘(2) VIOLATION OF PRIVACY.—The Secretary 

7 shall establish civil and criminal penalties, consistent 

8 with paragraph (1), for an authorized user who vio9 lates paragraph (2)(B) or (3)(B) of subsection (h). 

10 ‘‘(k) COMPATIBILITY OF STATE AND LOCAL LAWS.— 

11 ‘‘(1) PREEMPTION.—Except as provided under 

12 paragraph (2), any law, regulation, order, or other 

13 requirement of a State, political subdivision of a 

14 State, or Indian tribe related to a commercial driv15 er’s license holder subject to alcohol or controlled 

16 substance testing under title 49, Code of Federal 

17 Regulations, that is inconsistent with this section or 

18 a regulation issued pursuant to this section is pre19 empted. 

20 ‘‘(2) APPLICABILITY.—The preemption under 

21 paragraph (1) shall include— 

22 ‘‘(A) the reporting of valid positive results 

23 from alcohol screening tests and drug tests; 

24 ‘‘(B) the refusal to provide a specimen for 

25 an alcohol screening test or drug test; and 


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1 ‘‘(C) other violations of subpart B of part 

2 382 of title 49, Code of Federal Regulations (or 

3 any subsequent corresponding regulations). 

4 ‘‘(3) EXCEPTION.—A law, regulation, order, or 

5 other requirement of a State, political subdivision of 

6 a State, or Indian tribe shall not be preempted 

7 under this subsection to the extent it relates to an 

8 action taken with respect to a commercial motor ve9 hicle operator’s commercial driver’s license or driv10 ing record as a result of the driver’s— 

11 ‘‘(A) verified positive alcohol or drug test 

12 result; 

13 ‘‘(B) refusal to provide a specimen for the 

14 test; or 

15 ‘‘(C) other violations of subpart B of part 

16 382 of title 49, Code of Federal Regulations (or 

17 any subsequent corresponding regulations). 

18 ‘‘(l) DEFINITIONS.—In this section— 

19 ‘‘(1) AUTHORIZED USER.—The term ‘author20 ized user’ means an employer, State licensing au21 thority, National Transportation Safety Board, or 

22 other person granted access to the clearinghouse 

23 under subsection (h). 

24 ‘‘(2) CHIEF COMMERCIAL DRIVER’S LICENSING

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1 censing official’ means the official in a State who is 

2 authorized to— 

3 ‘‘(A) maintain a record about commercial 

4 driver’s licenses issued by the State; and 

5 ‘‘(B) take action on commercial driver’s li6 censes issued by the State. 

7 ‘‘(3) CLEARINGHOUSE.—The term ‘clearing8 house’ means the clearinghouse established under 

9 subsection (a). 

10 ‘‘(4) COMMERCIAL MOTOR VEHICLE OPER11 ATOR.—The term ‘commercial motor vehicle oper12 ator’ means an individual who— 

13 ‘‘(A) possesses a valid commercial driver’s 

14 license issued in accordance with section 31308; 

15 and 

16 ‘‘(B) is subject to controlled substances 

17 and alcohol testing under title 49, Code of Fed18 eral Regulations. 

19 ‘‘(5) EMPLOYER.—The term ‘employer’ means 

20 a person or entity employing, or seeking to employ, 

21 1 or more employees (including an individual who is 

22 self-employed) to be commercial motor vehicle opera23 tors. 


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1 ‘‘(6) MEDICAL REVIEW OFFICER.—The term 

2 ‘medical review officer’ means a licensed physician 

3 who is responsible for— 

4 ‘‘(A) receiving and reviewing a laboratory 

5 result generated under the testing program; 

6 ‘‘(B) evaluating a medical explanation for 

7 a controlled substances test under title 49, 

8 Code of Federal Regulations; and 

9 ‘‘(C) interpreting the results of a con10 trolled substances test. 

11 ‘‘(7) SECRETARY.—The term ‘Secretary’ means 

12 the Secretary of Transportation. 

13 ‘‘(8) SERVICE AGENT.—The term ‘service 

14 agent’ means a person or entity, other than an em15 ployee of the employer, who provides services to em16 ployers or employees under the testing program. 

17 ‘‘(9) TESTING PROGRAM.—The term ‘testing 

18 program’ means the alcohol and controlled sub19 stances testing program required under title 49, 

20 Code of Federal Regulations.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for 

22 chapter 313 is amended by inserting after the item relat23 ing to section 31306 the following: 

‘‘31306a. National clearinghouse for positive controlled substance and alcohol 

test results of commercial motor vehicle operators.’’. 


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1 SEC. 32403. DRUG AND ALCOHOL VIOLATION SANCTIONS. 

2 Chapter 313 is amended— 

3 (1) by redesignating section 31306(f) as 

4 31306(f)(1); and 

5 (2) by inserting after section 31306(f)(1) the 

6 following: 

7 ‘‘(2) ADDITIONAL SANCTIONS.—The Secretary 

8 may require a State to revoke, suspend, or cancel 

9 the commercial driver’s license of a commercial 

10 motor vehicle operator who is found, based on a test 

11 conducted and confirmed under this section, to have 

12 used alcohol or a controlled substance in violation of 

13 law until the commercial motor vehicle operator 

14 completes the rehabilitation process under subsection 

15 (e).’’; and 

16 (3) by amending section 31310(d) to read as 

17 follows: 

18 ‘‘(d) CONTROLLED SUBSTANCE VIOLATIONS.—The 

19 Secretary may permanently disqualify an individual from 

20 operating a commercial vehicle if the individual— 

21 ‘‘(1) uses a commercial motor vehicle in the 

22 commission of a felony involving manufacturing, dis23 tributing, or dispensing a controlled substance, or 

24 possession with intent to manufacture, distribute, or 

25 dispense a controlled substance; or 


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1 ‘‘(2) uses alcohol or a controlled substance, in 

2 violation of section 31306, 3 or more times.’’. 

3 SEC. 32404. AUTHORIZATION OF APPROPRIATIONS. 

4 From the funds authorized to be appropriated under 

5 section 31104(h) of title 49, United States Code, up to 

6 $5,000,000 is authorized to be appropriated from the 

7 Highway Trust Fund (other than the Mass Transit Ac8 count) for the Secretary of Transportation to develop, de9 sign, and implement the national clearinghouse required 

10 by section 32402 of this Act. 

11 Subtitle E—Enforcement 

12 SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CRE13 DENTIALS. 

14 (a) SAFETY INVESTIGATIONS.—Section 504(c) is 

15 amended— 

16 (1) by inserting ‘‘, or an employee of the recipi17 ent of a grant issued under section 31102 of this 

18 title’’ after ‘‘a contractor’’; and 

19 (2) by inserting ‘‘, in person or in writing’’ 

20 after ‘‘proper credentials’’. 

21 (b) CIVIL PENALTY.—Section 521(b)(2)(E) is 

22 amended— 

23 (1) by redesignating subparagraph (E) as sub24 paragraph (E)(i); and 

25 (2) by adding at the end the following: 


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1 ‘‘(ii) PLACE OUT OF SERVICE.—The 

2 Secretary may by regulation adopt proce3 dures for placing out of service the com4 mercial motor vehicle of a foreign-domi5 ciled motor carrier that fails to promptly 

6 allow the Secretary to inspect and copy a 

7 record or inspect equipment, land, build8 ings, or other property.’’. 

9 (c) HAZARDOUS MATERIALS INVESTIGATIONS.—Sec10 tion 5121(c)(2) is amended by inserting ‘‘, in person or 

11 in writing,’’ after ‘‘proper credentials’’. 

12 (d) COMMERCIAL INVESTIGATIONS.—Section 

13 14122(b) is amended by inserting ‘‘, in person or in writ14 ing’’ after ‘‘proper credentials’’. 

15 SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF AC16 CESS TO RECORDS. 

17 Section 521(b)(2)(E) is amended— 

18 (1) by inserting after ‘‘$10,000.’’ the following: 

19 ‘‘In the case of a motor carrier, the Secretary may 

20 also place the violator’s motor carrier operations out 

21 of service.’’; and 

22 (2) by striking ‘‘such penalty’’ after ‘‘It shall be 

23 a defense to’’ and inserting ‘‘a penalty’’. 


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1 SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION 

2 OUT OF SERVICE ORDERS. 

3 Section 521(b)(2) is amended by adding at the end 

4 the following: 

5 ‘‘(F) PENALTY FOR VIOLATIONS RELATING

6 TO OUT OF SERVICE ORDERS.—A motor carrier 

7 or employer (as defined in section 31132) that 

8 operates a commercial motor vehicle in com9 merce in violation of a prohibition on transpor10 tation under section 31144(c) of this title or an 

11 imminent hazard out of service order issued 

12 under subsection (b)(5) of this section or sec13 tion 5121(d) of this title shall be liable for a 

14 civil penalty not to exceed $25,000.’’. 

15 SEC. 32504. MINIMUM PROHIBITION ON OPERATION FOR 

16 UNFIT CARRIERS. 

17 (a) IN GENERAL.—Section 31144(c)(1) is amended 

18 by inserting ‘‘, and such period shall be for not less than 

19 10 days’’ after ‘‘operator is fit’’. 

20 (b) OWNERS OR OPERATORS TRANSPORTING PAS21 SENGERS.—Section 31144(c)(2) is amended by inserting 

22 ‘‘, and such period shall be for not less than 10 days’’ 

23 after ‘‘operator is fit’’. 

24 (c) OWNERS OR OPERATORS TRANSPORTING HAZ25 ARDOUS MATERIAL.—Section 31144(c)(3) is amended by 

26 inserting before the period at the end of the first sentence 


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1 the following: ‘‘, and such period shall be for not less than 

2 10 days’’. 

3 SEC. 32505. MINIMUM OUT OF SERVICE PENALTIES. 

4 Section 521(b)(7) is amended by adding at the end 

5 the following: 

6 ‘‘The penalties may include a minimum duration for 

7 any out of service period, not to exceed 90 days.’’. 

8 SEC. 32506. IMPOUNDMENT AND IMMOBILIZATION OF COM9 MERCIAL MOTOR VEHICLES FOR IMMINENT 

10 HAZARD. 

11 Section 521(b) is amended by adding at the end the 

12 following: 

13 ‘‘(15) IMPOUNDMENT OF COMMERCIAL MOTOR

14 VEHICLES.— 

15 ‘‘(A) ENFORCEMENT OF IMMINENT HAZ16 ARD OUT-OF-SERVICE ORDERS.— 

17 ‘‘(i) The Secretary, or an authorized 

18 State official carrying out motor carrier 

19 safety enforcement activities under section 

20 31102, may enforce an imminent hazard 

21 out-of-service order issued under chapters 

22 5, 51, 131 through 149, 311, 313, or 315 

23 of this title, or a regulation promulgated 

24 thereunder, by towing and impounding a 


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1 commercial motor vehicle until the order is 

2 rescinded. 

3 ‘‘(ii) Enforcement shall not unreason4 ably interfere with the ability of a shipper, 

5 carrier, broker, or other party to arrange 

6 for the alternative transportation of any 

7 cargo or passenger being transported at 

8 the time the commercial motor vehicle is 

9 immobilized. In the case of a commercial 

10 motor vehicle transporting passengers, the 

11 Secretary or authorized State official shall 

12 provide reasonable, temporary, and secure 

13 shelter and accommodations for passengers 

14 in transit. 

15 ‘‘(iii) The Secretary’s designee or an 

16 authorized State official carrying out 

17 motor carrier safety enforcement activities 

18 under section 31102, shall immediately no19 tify the owner of a commercial motor vehi20 cle of the impoundment and the oppor21 tunity for review of the impoundment. A 

22 review shall be provided in accordance with 

23 section 554 of title 5, except that the re24 view shall occur not later than 10 days 

25 after the impoundment. 


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1 ‘‘(B) ISSUANCE OF REGULATIONS.—The 

2 Secretary shall promulgate regulations on the 

3 use of impoundment or immobilization of com4 mercial motor vehicles as a means of enforcing 

5 additional out-of-service orders issued under 

6 chapters 5, 51, 131 through 149, 311, 313, or 

7 315 of this title, or a regulation promulgated 

8 thereunder. Regulations promulgated under this 

9 subparagraph shall include consideration of 

10 public safety, the protection of passengers and 

11 cargo, inconvenience to passengers, and the se12 curity of the commercial motor vehicle. 

13 ‘‘(C) DEFINITION.—In this paragraph, the 

14 term ‘impoundment’ or ’impounding’ means the 

15 seizing and taking into custody of a commercial 

16 motor vehicle or the immobilizing of a commer17 cial motor vehicle through the attachment of a 

18 locking device or other mechanical or electronic 

19 means.’’. 

20 SEC. 32507. INCREASED PENALTIES FOR EVASION OF REGU21 LATIONS. 

22 (a) PENALTIES.—Section 524 is amended— 

23 (1) by striking ‘‘knowingly and willfully’’; 

24 (2) by inserting after ‘‘this chapter’’ the fol25 lowing: ‘‘, chapter 51, subchapter III of chapter 311 


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1 (except sections 31138 and 31139) or section 

2 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 

3 31502 of this title, or a regulation issued under any 

4 of those provisions,’’; 

5 (3) by striking ‘‘$200 but not more than $500’’ 

6 and inserting ‘‘$2,000 but not more than $5,000’’; 

7 and 

8 (4) by striking ‘‘$250 but not more than 

9 $2,000’’ and inserting ‘‘$2,500 but not more than 

10 $7,500’’. 

11 (b) EVASION OF REGULATION.—Section 14906 is 

12 amended— 

13 (1) by striking ‘‘$200’’ and inserting ‘‘at least 

14 $2,000’’; 

15 (2) by striking ‘‘$250’’ and inserting ‘‘$5,000’’; 

16 and 

17 (3) by inserting after ‘‘a subsequent violation’’ 

18 the following: 

19 ‘‘, and may be subject to criminal penalties’’. 

20 SEC. 32508. FAILURE TO PAY CIVIL PENALTY AS A DIS21 QUALIFYING OFFENSE. 

22 (a) IN GENERAL.—Chapter 311 is amended by in23 serting after section 31151 the following: 


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1 ‘‘§ 31152. Disqualification for failure to pay 

2 ‘‘An individual assessed a civil penalty under this 

3 chapter, or chapters 5, 51, or 149 of this title, or a regula4 tion issued under any of those provisions, who fails to pay 

5 the penalty or fails to comply with the terms of a settle6 ment with the Secretary, shall be disqualified from oper7 ating a commercial motor vehicle after the individual is 

8 notified in writing and is given an opportunity to respond. 

9 A disqualification shall continue until the penalty is paid, 

10 or the individual complies with the terms of the settle11 ment, unless the nonpayment is because the individual is 

12 a debtor in a case under chapter 11 of title 11, United 

13 States Code.’’. 

14 (b) TECHNICAL AMENDMENTS.—Section 31310, as 

15 amended by sections 32206 and 32310 of this Act, is 

16 amended— 

17 (1) by redesignating subsections (h) through (k) 

18 as subsections (i) through (l), respectively; and 

19 (2) by inserting after subsection (g) the fol20 lowing: 

21 ‘‘(h) DISQUALIFICATION FOR FAILURE TO PAY.— 

22 The Secretary shall disqualify from operating a commer23 cial motor vehicle any individual who fails to pay a civil 

24 penalty within the prescribed period, or fails to conform 

25 to the terms of a settlement with the Secretary. A disquali26 fication shall continue until the penalty is paid, or the inVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01170 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 dividual conforms to the terms of the settlement, unless 

2 the nonpayment is because the individual is a debtor in 

3 a case under chapter 11 of title 11, United States Code.’’; 

4 and 

5 (3) in subsection (i), as redesignated, by strik6 ing ‘‘Notwithstanding subsections (b) through (g)’’ 

7 and inserting ‘‘Notwithstanding subsections (b) 

8 through (h)’’. 

9 (c) CONFORMING AMENDMENT.—The analysis of 

10 chapter 311 is amended by inserting after the item relat11 ing to section 31151 the following: 

‘‘31152. Disqualification for failure to pay.’’. 

12 SEC. 32509. VIOLATIONS RELATING TO COMMERCIAL 

13 MOTOR VEHICLE SAFETY REGULATION AND 

14 OPERATORS. 

15 Section 521(b)(2)(D) is amended by striking ‘‘ability 

16 to pay,’’. 

17 SEC. 32510. EMERGENCY DISQUALIFICATION FOR IMMI18 NENT HAZARD. 

19 Section 31310(f) is amended— 

20 (1) in paragraph (1) by inserting ‘‘section 521 

21 or’’ before ‘‘section 5102’’; and 

22 (2) in paragraph (2) by inserting ‘‘section 521 

23 or’’ before ‘‘section 5102’’. 


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1 SEC. 32511. INTRASTATE OPERATIONS OF INTERSTATE 

2 MOTOR CARRIERS. 

3 (a) PROHIBITED TRANSPORTATION.—Section 

4 521(b)(5) is amended by inserting after subparagraph (B) 

5 the following: 

6 ‘‘(C) If an employee, vehicle, or all or part 

7 of an employer’s commercial motor vehicle oper8 ations is ordered out of service under paragraph 

9 (5)(A), the commercial motor vehicle operations 

10 of the employee, vehicle, or employer that affect 

11 interstate commerce are also prohibited.’’. 

12 (b) PROHIBITION ON OPERATION IN INTERSTATE

13 COMMERCE AFTER NONPAYMENT OF PENALTIES.—Sec14 tion 521(b)(8) is amended— 

15 (1) by redesignating subparagraph (B) as sub16 paragraph (C); and 

17 (2) by inserting after subparagraph (A) the fol18 lowing: 

19 ‘‘(B) ADDITIONAL PROHIBITION.—A per20 son prohibited from operating in interstate com21 merce under paragraph (8)(A) may not operate 

22 any commercial motor vehicle where the oper23 ation affects interstate commerce.’’. 


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1 SEC. 32512. ENFORCEMENT OF SAFETY LAWS AND REGULA2 TIONS. 

3 (a) ENFORCEMENT OF SAFETY LAWS AND REGULA4 TIONS.—Chapter 311, as amended by sections 32113 and 

5 32508 of this Act, is amended by adding after section 

6 31153 the following: 

7 ‘‘§ 31154. Enforcement of safety laws and regulations 

8 ‘‘(a) IN GENERAL.—The Secretary may bring a civil 

9 action to enforce this part, or a regulation or order of the 

10 Secretary under this part, when violated by an employer, 

11 employee, or other person providing transportation or 

12 service under this subchapter or subchapter I. 

13 ‘‘(b) VENUE.—In a civil action under subsection 

14 (a)— 

15 ‘‘(1) trial shall be in the judicial district in 

16 which the employer, employee, or other person oper17 ates; 

18 ‘‘(2) process may be served without regard to 

19 the territorial limits of the district or of the State 

20 in which the action is instituted; and 

21 ‘‘(3) a person participating with a carrier or 

22 broker in a violation may be joined in the civil action 

23 without regard to the residence of the person.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis of 

2 chapter 311 is amended by inserting after the item relat3 ing to section 31153 the following: 

‘‘31154. Enforcement of safety laws and regulations.’’. 

4 SEC. 32513. DISCLOSURE TO STATE AND LOCAL LAW EN5 FORCEMENT AGENCIES. 

6 Section 31106(e) is amended— 

7 (1) by redesignating subsection (e) as sub8 section (e)(1); and 

9 (2) by inserting at the end the following: 

10 ‘‘(2) IN GENERAL.—Notwithstanding any prohi11 bition on disclosure of information in section 

12 31105(h) or 31143(b) of this title or section 552a 

13 of title 5, the Secretary may disclose information 

14 maintained by the Secretary pursuant to chapters 

15 51, 135, 311, or 313 of this title to appropriate per16 sonnel of a State agency or instrumentality author17 ized to carry out State commercial motor vehicle 

18 safety activities and commercial driver’s license laws, 

19 or appropriate personnel of a local law enforcement 

20 agency, in accordance with standards, conditions, 

21 and procedures as determined by the Secretary. Dis22 closure under this section shall not operate as a 

23 waiver by the Secretary of any applicable privilege 

24 against disclosure under common law or as a basis 


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1 for compelling disclosure under section 552 of title 

2 5.’’. 

3 SEC. 32514. GRADE CROSSING SAFETY REGULATIONS. 

4 Section 112(2) of the Hazardous Materials Transpor5 tation Authorization Act of 1994 (Public Law 103–311) 

6 is amended by striking ‘‘315 of such title (relating to 

7 motor carrier safety)’’ and inserting ‘‘311 of such title (re8 lating to commercial motor vehicle safety)’’. 

9 Subtitle F—Compliance, Safety, 

10 Accountability 

11 SEC. 32601. COMPLIANCE, SAFETY, ACCOUNTABILITY. 

12 (a) IN GENERAL.—Section 31102 is amended— 

13 (1) by amending the section heading to read: 

14 ‘‘§ 31102. Compliance, safety, and accountability 

15 grants’’; 

16 (2) by amending subsection (a) to read as fol17 lows: 

18 ‘‘(a) GENERAL AUTHORITY.—Subject to this section, 

19 the Secretary of Transportation shall make and admin20 ister a compliance, safety, and accountability grant pro21 gram to assist States, local governments, and other enti22 ties and persons with motor carrier safety and enforce23 ment on highways and other public roads, new entrant 

24 safety audits, border enforcement, hazardous materials 

25 safety and security, consumer protection and household 


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1 goods enforcement, and other programs and activities re2 quired to improve the safety of motor carriers as deter3 mined by the Secretary. The Secretary shall allocate fund4 ing in accordance with section 31104 of this title.’’; 

5 (3) in subsection (b)— 

6 (A) by amending the heading to read as 

7 follows: 

8 ‘‘(b) MOTOR CARRIER SAFETY ASSISTANCE PRO9 GRAM.—’’; 

10 (B) by redesignating paragraphs (1) 

11 through (3) as (2) through (4), respectively; 

12 (C) by inserting before paragraph (2), as 

13 redesignated, the following: 

14 ‘‘(1) PROGRAM GOAL.—The goal of the Motor 

15 Carrier Safety Assistance Program is to ensure that 

16 the Secretary, States, local government agencies, 

17 and other political jurisdictions work in partnership 

18 to establish programs to improve motor carrier, com19 mercial motor vehicle, and driver safety to support 

20 a safe and efficient surface transportation system 

21 by— 

22 ‘‘(A) making targeted investments to pro23 mote safe commercial motor vehicle transpor24 tation, including transportation of passengers 

25 and hazardous materials; 


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1 ‘‘(B) investing in activities likely to gen2 erate maximum reductions in the number and 

3 severity of commercial motor vehicle crashes 

4 and fatalities resulting from such crashes; 

5 ‘‘(C) adopting and enforcing effective 

6 motor carrier, commercial motor vehicle, and 

7 driver safety regulations and practices con8 sistent with Federal requirements; and 

9 ‘‘(D) assessing and improving statewide 

10 performance by setting program goals and 

11 meeting performance standards, measures, and 

12 benchmarks.’’; 

13 (D) in paragraph (2), as redesignated— 

14 (i) by striking ‘‘make a declaration 

15 of’’ in subparagraph (I) and inserting 

16 ‘‘demonstrate’’; 

17 (ii) by amending subparagraph (M) to 

18 read as follows: 

19 ‘‘(M) ensures participation in appropriate 

20 Federal Motor Carrier Safety Administration 

21 systems and other information systems by all 

22 appropriate jurisdictions receiving Motor Car23 rier Safety Assistance Program funding;’’; 


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1 (iii) in subparagraph (Q), by inserting 

2 ‘‘and dedicated sufficient resources to’’ be3 tween ‘‘established’’ and ‘‘a program’’; 

4 (iv) in subparagraph (W), by striking 

5 ‘‘and’’ after the semicolon; 

6 (v) by amending subparagraph (X) to 

7 read as follows: 

8 ‘‘(X) except in the case of an imminent or 

9 obvious safety hazard, ensures that an inspec10 tion of a vehicle transporting passengers for a 

11 motor carrier of passengers is conducted at a 

12 station, terminal, border crossing, maintenance 

13 facility, destination, weigh station, rest stop, 

14 turnpike service area, or a location where ade15 quate food, shelter, and sanitation facilities are 

16 available for passengers, and reasonable accom17 modation is available for passengers with dis18 abilities; and’’; and 

19 (vi) by adding after subparagraph (X) 

20 the following: 

21 ‘‘(Y) ensures that the State will transmit 

22 to its roadside inspectors the notice of each 

23 Federal exemption granted pursuant to section 

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1 ed the exemption and any terms and conditions 

2 that apply to the exemption.’’; and 

3 (E) by amending paragraph (4), as redes4 ignated, to read as follows: 

5 ‘‘(4) MAINTENANCE OF EFFORT.— 

6 ‘‘(A) IN GENERAL.—A plan submitted by a 

7 State under paragraph (2) shall provide that 

8 the total expenditure of amounts of the lead 

9 State agency responsible for implementing the 

10 plan will be maintained at a level at least equal 

11 to the average level of that expenditure for fis12 cal years 2004 and 2005. 

13 ‘‘(B) AVERAGE LEVEL OF STATE EXPENDI14 TURES.—In estimating the average level of 

15 State expenditure under subparagraph (A), the 

16 Secretary— 

17 ‘‘(i) may allow the State to exclude 

18 State expenditures for Government-spon19 sored demonstration or pilot programs; 

20 and 

21 ‘‘(ii) shall require the State to exclude 

22 State matching amounts used to receive 

23 Government financing under this sub24 section. 


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1 ‘‘(C) WAIVER.—Upon the request of a 

2 State, the Secretary may waive or modify the 

3 requirements of this paragraph for 1 fiscal 

4 year, if the Secretary determines that a waiver 

5 is equitable due to exceptional or uncontrollable 

6 circumstances, such as a natural disaster or a 

7 serious decline in the financial resources of the 

8 State motor carrier safety assistance program 

9 agency.’’; 

10 (4) by redesignating subsection (e) as sub11 section (h); and 

12 (5) by inserting after subsection (d) the fol13 lowing: 

14 ‘‘(e) NEW ENTRANT SAFETY ASSURANCE PRO15 GRAM.— 

16 ‘‘(1) PROGRAM GOAL.—The Secretary may 

17 make grants to States and local governments for 

18 pre-authorization safety audits and new entrant 

19 motor carrier audits as described in section 

20 31144(g). 

21 ‘‘(2) RECIPIENTS.—Grants made in support of 

22 this program may be provided to States and local 

23 governments. 

24 ‘‘(3) FEDERAL SHARE.—The Federal share of a 

25 grant made under this program is 100 percent. 


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1 ‘‘(4) ELIGIBLE ACTIVITIES.—Eligible activities 

2 will be in accordance with criteria developed by the 

3 Secretary and posted in the Federal Register in ad4 vance of the grant application period. 

5 ‘‘(5) DETERMINATION.—If the Secretary deter6 mines that a State or local government is unable to 

7 conduct a new entrant motor carrier audit, the Sec8 retary may use the funds to conduct the audit. 

9 ‘‘(f) BORDER ENFORCEMENT.— 

10 ‘‘(1) PROGRAM GOAL.—The Secretary of Trans11 portation may make a grant for carrying out border 

12 commercial motor vehicle safety programs and re13 lated enforcement activities and projects. 

14 ‘‘(2) RECIPIENTS.—The Secretary of Transpor15 tation may make a grant to an entity, State, or 

16 other person for carrying out border commercial 

17 motor vehicle safety programs and related enforce18 ment activities and projects. 

19 ‘‘(3) FEDERAL SHARE.—The Secretary shall re20 imburse a grantee at least 100 percent of the costs 

21 incurred in a fiscal year for carrying out border 

22 commercial motor vehicle safety programs and re23 lated enforcement activities and projects. 

24 ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 

25 will be in accordance with criteria developed by the 


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1 Secretary and posted in the Federal Register in ad2 vance of the grant application period. 

3 ‘‘(g) HIGH PRIORITY INITIATIVES.— 

4 ‘‘(1) PROGRAM GOAL.—The Secretary may 

5 make grants to carry out high priority activities and 

6 projects that improve commercial motor vehicle safe7 ty and compliance with commercial motor vehicle 

8 safety regulations, including activities and projects 

9 that— 

10 ‘‘(A) are national in scope; 

11 ‘‘(B) increase public awareness and edu12 cation; 

13 ‘‘(C) target unsafe driving of commercial 

14 motor vehicles and non-commercial motor vehi15 cles in areas identified as high risk crash cor16 ridors; 

17 ‘‘(D) improve consumer protection and en18 forcement of household goods regulations; 

19 ‘‘(E) improve the movement of hazardous 

20 materials safely and securely, including activi21 ties related to the establishment of uniform 

22 forms and application procedures that improve 

23 the accuracy, timeliness, and completeness of 

24 commercial motor vehicle safety data reported 

25 to the Secretary; or 


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1 ‘‘(F) demonstrate new technologies to im2 prove commercial motor vehicle safety. 

3 ‘‘(2) RECIPIENTS.—The Secretary may allocate 

4 amounts to award grants to State agencies, local 

5 governments, and other persons for carrying out 

6 high priority activities and projects that improve 

7 commercial motor vehicle safety and compliance with 

8 commercial motor vehicle safety regulations in ac9 cordance with the program goals specified in para10 graph (1). 

11 ‘‘(3) FEDERAL SHARE.—The Secretary shall re12 imburse a grantee at least 80 percent of the costs 

13 incurred in a fiscal year for carrying out the high 

14 priority activities or projects. 

15 ‘‘(4) ELIGIBLE ACTIVITIES.—An eligible activity 

16 will be in accordance with criteria that is— 

17 ‘‘(A) developed by the Secretary; and 

18 ‘‘(B) posted in the Federal Register in ad19 vance of the grant application period.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis of 

21 chapter 311 is amended by striking the item relating to 

22 section 31102 and inserting the following: 

‘‘31102. Compliance, safety, and accountability grants.’’. 

23 SEC. 32602. PERFORMANCE AND REGISTRATION INFORMA24 TION SYSTEMS MANAGEMENT PROGRAM. 

25 Section 31106(b) is amended— 


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1 (1) by amending paragraph (3)(C) to read as 

2 follows— 

3 ‘‘(C) establish and implement a process— 

4 ‘‘(i) to cancel the motor vehicle reg5 istration and seize the registration plates 

6 of a vehicle when an employer is found lia7 ble under section 31310(j)(2)(C) for know8 ingly allowing or requiring an employee to 

9 operate such a commercial motor vehicle in 

10 violation of an out-of-service order; and 

11 ‘‘(ii) to reinstate the vehicle registra12 tion or return the registration plates of the 

13 commercial motor vehicle, subject to sanc14 tions under clause (i), if the Secretary per15 mits such carrier to resume operations 

16 after the date of issuance of such order.’’; 

17 and 

18 (2) by striking paragraph (4). 

19 SEC. 32603. COMMERCIAL MOTOR VEHICLE DEFINED. 

20 Section 31101(1) is amended to read as follows: 

21 ‘‘(1) ‘commercial motor vehicle’ means (except 

22 under section 31106) a self-propelled or towed vehi23 cle used on the highways in commerce to transport 

24 passengers or property, if the vehicle— 


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1 ‘‘(A) has a gross vehicle weight rating or 

2 gross vehicle weight of at least 10,001 pounds, 

3 whichever is greater; 

4 ‘‘(B) is designed or used to transport more 

5 than 8 passengers, including the driver, for 

6 compensation; 

7 ‘‘(C) is designed or used to transport more 

8 than 15 passengers, including the driver, and is 

9 not used to transport passengers for compensa10 tion; or 

11 ‘‘(D) is used in transporting material 

12 found by the Secretary of Transportation to be 

13 hazardous under section 5103 and transported 

14 in a quantity requiring placarding under regula15 tions prescribed by the Secretary under section 

16 5103.’’. 

17 SEC. 32604. DRIVER SAFETY FITNESS RATINGS. 

18 Section 31144, as amended by section 32204 of this 

19 Act, is amended by adding at the end the following: 

20 ‘‘(i) COMMERCIAL MOTOR VEHICLE DRIVERS.—The 

21 Secretary may maintain by regulation a procedure for de22 termining the safety fitness of a commercial motor vehicle 

23 driver and for prohibiting the driver from operating in 

24 interstate commerce. The procedure and prohibition shall 

25 include the following: 


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1 ‘‘(1) Specific initial and continuing require2 ments that a driver must comply with to dem3 onstrate safety fitness. 

4 ‘‘(2) The methodology and continually updated 

5 safety performance data that the Secretary will use 

6 to determine whether a driver is fit, including in7 spection results, serious traffic offenses, and crash 

8 involvement data. 

9 ‘‘(3) Specific time frames within which the Sec10 retary will determine whether a driver is fit. 

11 ‘‘(4) A prohibition period or periods, not to ex12 ceed 1 year, that a driver that the Secretary deter13 mines is not fit will be prohibited from operating a 

14 commercial motor vehicle in interstate commerce. 

15 The period or periods shall begin on the 46th day 

16 after the date of the fitness determination and con17 tinue until the Secretary determines the driver is fit 

18 or until the prohibition period expires. 

19 ‘‘(5) A review by the Secretary, not later than 

20 30 days after an unfit driver requests a review, of 

21 the driver’s compliance with the requirements the 

22 driver failed to comply with and that resulted in the 

23 Secretary determining that the driver was not fit. 

24 The burden of proof shall be on the driver to dem25 onstrate fitness. 


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1 ‘‘(6) The eligibility criteria for reinstatement, 

2 including the remedial measures the unfit driver 

3 must take for reinstatement.’’. 

4 SEC. 32605. UNIFORM ELECTRONIC CLEARANCE FOR COM5 MERCIAL MOTOR VEHICLE INSPECTIONS. 

6 (a) IN GENERAL.—Chapter 311 is amended by add7 ing after section 31109 the following: 

8 ‘‘§ 31110. Withholding amounts for State noncompli9 ance 

10 ‘‘(a) FIRST FISCAL YEAR.—Subject to criteria estab11 lished by the Secretary of Transportation, the Secretary 

12 may withhold up to 50 percent of the amount a State is 

13 otherwise eligible to receive under section 31102(b) on the 

14 first day of the fiscal year after the first fiscal year fol15 lowing the date of enactment of the Commercial Motor 

16 Vehicle Safety Enhancement Act of 2012 in which the 

17 State uses for at least 180 days an electronic commercial 

18 motor vehicle inspection selection system that does not 

19 employ a selection methodology approved by the Secretary. 

20 ‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 

21 withhold up to 75 percent of the amount a State is other22 wise eligible to receive under section 31102(b) on the first 

23 day of the fiscal year after the second fiscal year following 

24 the date of enactment of the Commercial Motor Vehicle 

25 Safety Enhancement Act of 2012 in which the State uses 


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1 for at least 180 days an electronic commercial motor vehi2 cle inspection selection system that does not employ a se3 lection methodology approved by the Secretary. 

4 ‘‘(c) SUBSEQUENT AVAILABILITY OF WITHHELD

5 FUNDS.—The Secretary may make the amounts withheld 

6 under subsection (a) or subsection (b) available to the 

7 State if the Secretary determines that the State has sub8 stantially complied with the requirement described under 

9 subsection (a) or subsection (b) not later than 180 days 

10 after the beginning of the fiscal year in which amounts 

11 were withheld.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis of 

13 chapter 311 is amended by inserting after the item relat14 ing to section 31109 the following: 

‘‘31110. Withholding amounts for State noncompliance.’’. 

15 SEC. 32606. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 31104 is amended to read as follows: 

17 ‘‘§ 31104. Availability of amounts 

18 ‘‘(a) IN GENERAL.—There are authorized to be ap19 propriated from Highway Trust Fund (other than the 

20 Mass Transit Account) for Federal Motor Carrier Safety 

21 Administration programs the following: 

22 ‘‘(1) COMPLIANCE, SAFETY, AND ACCOUNT23 ABILITY GRANTS UNDER SECTION 31102.— 

24 ‘‘(A) $249,717,000 for fiscal year 2012, 

25 provided that the Secretary shall set aside not 


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1 less than $168,388,000 to carry out the motor 

2 carrier safety assistance program under section 

3 31102(b); and 

4 ‘‘(B) $253,814,000 for fiscal year 2013, 

5 provided that the Secretary shall set aside not 

6 less than $171,813,000 to carry out the motor 

7 carrier safety assistance program under section 

8 31102(b). 

9 ‘‘(2) DATA AND TECHNOLOGY GRANTS UNDER

10 SECTION 31109.— 

11 ‘‘(A) $30,000,000 for fiscal year 2012; and 

12 ‘‘(B) $30,000,000 for fiscal year 2013. 

13 ‘‘(3) DRIVER SAFETY GRANTS UNDER SECTION

14 31313.— 

15 ‘‘(A) $31,000,000 for fiscal year 2012; and 

16 ‘‘(B) $31,000,000 for fiscal year 2013. 

17 ‘‘(4) CRITERIA.—The Secretary shall develop 

18 criteria to allocate the remaining funds under para19 graphs (1), (2), and (3) for fiscal year 2013 and for 

20 each fiscal year thereafter not later than April 1 of 

21 the prior fiscal year. 

22 ‘‘(b) AVAILABILITY AND REALLOCATION OF

23 AMOUNTS.— 

24 ‘‘(1) ALLOCATIONS AND REALLOCATIONS.— 

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1 main available until expended. Allocations to a State 

2 remain available for expenditure in the State for the 

3 fiscal year in which they are allocated and for the 

4 next fiscal year. Amounts not expended by a State 

5 during those 2 fiscal years are released to the Sec6 retary for reallocation. 

7 ‘‘(2) REDISTRIBUTION OF AMOUNTS.—The Sec8 retary may, after August 1 of each fiscal year, upon 

9 a determination that a State does not qualify for 

10 funding under section 31102(b) or that the State 

11 will not expend all of its existing funding, reallocate 

12 the State’s funding. In revising the allocation and 

13 redistributing the amounts, the Secretary shall give 

14 preference to those States that require additional 

15 funding to meet program goals under section 

16 31102(b). 

17 ‘‘(3) PERIOD OF AVAILABILITY FOR DATA AND

18 TECHNOLOGY GRANTS.—Amounts made available 

19 under subsection (a)(2) remain available for obliga20 tion for the fiscal year and the next 2 years in which 

21 they are appropriated. Allocations remain available 

22 for expenditure in the State for 5 fiscal years after 

23 they were obligated. Amounts not expended by a 

24 State during those 3 fiscal years are released to the 

25 Secretary for reallocation. 


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1 ‘‘(4) PERIOD OF AVAILABILITY FOR DRIVER

2 SAFETY GRANTS.—Amounts made available under 

3 subsection (a)(3) of this section remain available for 

4 obligation for the fiscal year and the next fiscal year 

5 in which they are appropriated. Allocations to a 

6 State remain available for expenditure in the State 

7 for the fiscal year in which they are allocated and 

8 for the following 2 fiscal years. Amounts not ex9 pended by a State during those 3 fiscal years are re10 leased to the Secretary for reallocation. 

11 ‘‘(5) REALLOCATION.—The Secretary, upon a 

12 request by a State, may reallocate grant funds pre13 viously awarded to the State under a grant program 

14 authorized by section 31102, 31109, or 31313 to an15 other grant program authorized by those sections 

16 upon a showing by the State that it is unable to ex17 pend the funds within the 12 months prior to their 

18 expiration provided that the State agrees to expend 

19 the funds within the remaining period of expendi20 ture. 

21 ‘‘(c) GRANTS AS CONTRACTUAL OBLIGATIONS.—Ap22 proval by the Secretary of a grant under sections 31102, 

23 31109, and 31313 is a contractual obligation of the Gov24 ernment for payment of the Government’s share of costs 

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1 prove commercial motor vehicle safety and enforce com2 mercial driver’s license regulations, standards, and orders. 

3 ‘‘(d) DEDUCTION FOR ADMINISTRATIVE EX4 PENSES.— 

5 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

6 year or as soon after that as practicable, the Sec7 retary may deduct, from amounts made available 

8 under— 

9 ‘‘(A) subsection (a)(1) for that fiscal year, 

10 not more than 1.5 percent of those amounts for 

11 administrative expenses incurred in carrying 

12 out section 31102 in that fiscal year; 

13 ‘‘(B) subsection (a)(2) for that fiscal year, 

14 not more than 1.4 percent of those amounts for 

15 administrative expenses incurred in carrying 

16 out section 31109 in that fiscal year; and 

17 ‘‘(C) subsection (a)(3) for that fiscal year, 

18 not more than 1.4 percent of those amounts for 

19 administrative expenses incurred in carrying 

20 out section 31313 in that fiscal year. 

21 ‘‘(2) TRAINING.—The Secretary may use at 

22 least 50 percent of the amounts deducted from the 

23 amounts made available under sections (a)(1) and 

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1 velop related training materials to carry out sections 

2 31102, 31311, and 31313 of this title. 

3 ‘‘(3) CONTRACTS.—The Secretary may use 

4 amounts deducted under paragraph (1) to enter into 

5 contracts and cooperative agreements with States, 

6 local governments, associations, institutions, cor7 porations, and other persons, if the Secretary deter8 mines the contracts and cooperative agreements are 

9 cost-effective, benefit multiple jurisdictions of the 

10 United States, and enhance safety programs and re11 lated enforcement activities. 

12 ‘‘(e) ALLOCATION CRITERIA AND ELIGIBILITY.— 

13 ‘‘(1) On October 1 of each fiscal year or as 

14 soon as practicable after that date after making the 

15 deduction under subsection (d)(1)(A), the Secretary 

16 shall allocate amounts made available to carry out 

17 section 31102(b) for such fiscal year among the 

18 States with plans approved under that section. Allo19 cation shall be made under the criteria prescribed by 

20 the Secretary. 

21 ‘‘(2) On October 1 of each fiscal year or as 

22 soon as practicable after that date and after making 

23 the deduction under subsection (d)(1)(B) or 

24 (d)(1)(C), the Secretary shall allocate amounts made 


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1 available to carry out sections 31109(a) and 

2 31313(b)(1). 

3 ‘‘(f) INTRASTATE COMPATIBILITY.—The Secretary 

4 shall prescribe regulations specifying tolerance guidelines 

5 and standards for ensuring compatibility of intrastate 

6 commercial motor vehicle safety laws and regulations with 

7 Government motor carrier safety regulations to be en8 forced under section 31102(b). To the extent practicable, 

9 the guidelines and standards shall allow for maximum 

10 flexibility while ensuring a degree of uniformity that will 

11 not diminish transportation safety. In reviewing State 

12 plans and allocating amounts or making grants under sec13 tion 153 of title 23, United States Code, the Secretary 

14 shall ensure that the guidelines and standards are applied 

15 uniformly. 

16 ‘‘(g) WITHHOLDING AMOUNTS FOR STATE NON17 COMPLIANCE.— 

18 ‘‘(1) IN GENERAL.—Subject to criteria estab19 lished by the Secretary, the Secretary may withhold 

20 up to 100 percent of the amounts a State is other21 wise eligible to receive under section 31102(b) on 

22 October 1 of each fiscal year beginning after the 

23 date of enactment of the Commercial Motor Vehicle 

24 Safety Enhancement Act of 2012 and continuing for 


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1 the period that the State does not comply substan2 tially with a requirement under section 31109(b). 

3 ‘‘(2) SUBSEQUENT AVAILABILITY OF WITHHELD

4 FUNDS.—The Secretary may make the amounts 

5 withheld in accordance with paragraph (1) available 

6 to a State if the Secretary determines that the State 

7 has substantially complied with a requirement under 

8 section 31109(b) not later than 180 days after the 

9 beginning of the fiscal year in which the amounts 

10 are withheld. 

11 ‘‘(h) ADMINISTRATIVE EXPENSES.— 

12 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated from the 

14 Highway Trust Fund (other than the Mass Transit 

15 Account) for the Secretary to pay administrative ex16 penses of the Federal Motor Carrier Safety Adminis17 tration— 

18 ‘‘(A) $250,819,000 for fiscal year 2012; 

19 and 

20 ‘‘(B) $248,523,000 for fiscal year 2013. 

21 ‘‘(2) USE OF FUNDS.—The funds authorized by 

22 this subsection shall be used for personnel costs, ad23 ministrative infrastructure, rent, information tech24 nology, programs for research and technology, infor25 mation management, regulatory development, the 


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1 administration of the performance and registration 

2 information system management, outreach and edu3 cation, other operating expenses, and such other ex4 penses as may from time to time be necessary to im5 plement statutory mandates of the Administration 

6 not funded from other sources. 

7 ‘‘(i) AVAILABILITY OF FUNDS.— 

8 ‘‘(1) PERIOD OF AVAILABILITY.—The amounts 

9 made available under this section shall remain avail10 able until expended. 

11 ‘‘(2) INITIAL DATE OF AVAILABILITY.—Author12 izations from the Highway Trust Fund (other than 

13 the Mass Transit Account) for this section shall be 

14 available for obligation on the date of their appor15 tionment or allocation or on October 1 of the fiscal 

16 year for which they are authorized, whichever occurs 

17 first.’’ 

18 ‘‘(j) PAYMENT TO RECIPIENTS OF FINANCIAL AS19 SISTANCE FOR COSTS.—Each grantee shall submit vouch20 ers to the Secretary for costs the grantee has incurred 

21 under sections 31102, 31109, and 31313. The Secretary 

22 shall pay the grantee an amount equal to not more than 

23 the Government share of costs incurred as of the date on 

24 which the vouchers are submitted.’’. 


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1 SEC. 32607. HIGH RISK CARRIER REVIEWS. 

2 (a) HIGH RISK CARRIER REVIEWS.—Section 

3 31104(h), as amended by section 32606 of this Act, is 

4 amended by adding at the end of paragraph (2) the fol5 lowing: 

6 ‘‘From the funds authorized by this subsection, the 

7 Secretary shall ensure that a review is completed on each 

8 motor carrier that demonstrates through performance 

9 data that it poses the highest safety risk. At a minimum, 

10 a review shall be conducted whenever a motor carrier is 

11 among the highest risk carriers for 2 consecutive 

12 months.’’. 

13 (b) CONFORMING AMENDMENT.—Section 4138 of the 

14 Safe, Accountable, Flexible, Efficient Transportation Eq15 uity Act: A Legacy for Users (49 U.S.C. 31144 note) is 

16 repealed. 

17 SEC. 32608. DATA AND TECHNOLOGY GRANTS. 

18 (a) IN GENERAL.—Section 31109 is amended to read 

19 as follows: 

20 ‘‘§ 31109. Data and technology grants 

21 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

22 Transportation shall establish and administer a data and 

23 technology grant program to assist the States with the im24 plementation and maintenance of data systems. The Sec25 retary shall allocate the funds in accordance with section 

26 31104. 


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1 ‘‘(b) PERFORMANCE GOALS.—The Secretary may 

2 make a grant to a State to implement the performance 

3 and registration information system management require4 ments of section 31106(b) to develop, implement, and 

5 maintain commercial vehicle information systems and net6 works, and other innovative technologies that the Sec7 retary determines improve commercial motor vehicle safe8 ty. 

9 ‘‘(c) ELIGIBILITY.—To be eligible for a grant to im10 plement the requirements of section 31106(b), the State 

11 shall design a program that— 

12 ‘‘(1) links Federal motor carrier safety informa13 tion systems with the State’s motor carrier informa14 tion systems; 

15 ‘‘(2) determines the safety fitness of a motor 

16 carrier or registrant when licensing or registering 

17 the registrant or motor carrier or while the license 

18 or registration is in effect; and 

19 ‘‘(3) denies, suspends, or revokes the commer20 cial motor vehicle registrations of a motor carrier or 

21 registrant that was issued an operations out-of-serv22 ice order by the Secretary. 

23 ‘‘(d) REQUIRED PARTICIPATION.—The Secretary 

24 shall require States that participate in the program under 

25 section 31106 to— 


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1 ‘‘(1) comply with the uniform policies, proce2 dures, and technical and operational standards pre3 scribed by the Secretary under section 31106(b); 

4 ‘‘(2) possess or seek the authority to possess for 

5 a time period not longer than determined reasonable 

6 by the Secretary, to impose sanctions relating to 

7 commercial motor vehicle registration on the basis of 

8 a Federal safety fitness determination; and 

9 ‘‘(3) establish and implement a process to can10 cel the motor vehicle registration and seize the reg11 istration plates of a vehicle when an employer is 

12 found liable under section 31310(j)(2)(C) for know13 ingly allowing or requiring an employee to operate 

14 such a commercial motor vehicle in violation of an 

15 out of service order. 

16 ‘‘(e) FEDERAL SHARE.—The total Federal share of 

17 the cost of a project payable from all eligible Federal 

18 sources shall be at least 80 percent.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis of 

20 chapter 311 is amended by striking the item relating to 

21 section 31109 and inserting the following: 

‘‘31109. Data and technology grants.’’. 

22 SEC. 32609. DRIVER SAFETY GRANTS. 

23 (a) DRIVER FOCUSED GRANT PROGRAM.—Section 

24 31313 is amended to read as follows: 


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1 ‘‘§ 31313. Driver safety grants 

2 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall 

3 make and administer a driver focused grant program to 

4 assist the States, local governments, entities, and other 

5 persons with commercial driver’s license systems, pro6 grams, training, fraud detection, reporting of violations 

7 and other programs required to improve the safety of driv8 ers as the Federal Motor Carrier Safety Administration 

9 deems critical. The Secretary shall allocate the funds for 

10 the program in accordance with section 31104. 

11 ‘‘(b) COMMERCIAL DRIVER’S LICENSE PROGRAM IM12 PROVEMENT GRANTS.— 

13 ‘‘(1) PROGRAM GOAL.—The Secretary of Trans14 portation may make a grant to a State in a fiscal 

15 year— 

16 ‘‘(A) to comply with the requirements of 

17 section 31311; 

18 ‘‘(B) in the case of a State that is making 

19 a good faith effort toward substantial compli20 ance with the requirements of this section and 

21 section 31311, to improve its implementation of 

22 its commercial driver’s license program; 

23 ‘‘(C) for research, development demonstra24 tion projects, public education, and other spe25 cial activities and projects relating to commer26 cial driver licensing and motor vehicle safety 


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1 that are of benefit to all jurisdictions of the 

2 United States or are designed to address na3 tional safety concerns and circumstances; 

4 ‘‘(D) for commercial driver’s license pro5 gram coordinators; 

6 ‘‘(E) to implement or maintain a system to 

7 notify an employer of an operator of a commer8 cial motor vehicle of the suspension or revoca9 tion of the operator’s commercial driver’s li10 cense consistent with the standards developed 

11 under section 32304(b) of the Commercial 

12 Motor Vehicle Safety Enhancement Act of 

13 2012; or 

14 ‘‘(F) to train operators of commercial 

15 motor vehicles, as defined under section 31301, 

16 and to train operators and future operators in 

17 the safe use of such vehicles. Funding priority 

18 for this discretionary grant program shall be to 

19 regional or multi-state educational or nonprofit 

20 associations serving economically distressed re21 gions of the United States. 

22 ‘‘(2) PRIORITY.—The Secretary shall give pri23 ority, in making grants under paragraph (1)(B), to 

24 a State that will use the grants to achieve compli25 ance with the requirements of the Motor Carrier 


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1 Safety Improvement Act of 1999 (113 Stat. 1748), 

2 including the amendments made by the Commercial 

3 Motor Vehicle Safety Enhancement Act of 2012. 

4 ‘‘(3) RECIPIENTS.—The Secretary may allocate 

5 grants to State agencies, local governments, and 

6 other persons for carrying out activities and projects 

7 that improve commercial driver’s license safety and 

8 compliance with commercial driver’s license and 

9 commercial motor vehicle safety regulations in ac10 cordance with the program goals under paragraph 

11 (1) and that train operators on commercial motor 

12 vehicles. The Secretary may make a grant to a State 

13 to comply with section 31311 for commercial driver’s 

14 license program coordinators and for notification 

15 systems. 

16 ‘‘(4) FEDERAL SHARE.—The Federal share of a 

17 grant made under this program shall be at least 80 

18 percent, except that the Federal share of grants for 

19 commercial driver license program coordinators and 

20 training commercial motor vehicle operators shall be 

21 100 percent.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis of 

23 chapter 313 is amended by striking the item relating to 

24 section 31313 and inserting the following: 

‘‘31313. Driver safety grants.’’. 


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1 SEC. 32610. COMMERCIAL VEHICLE INFORMATION SYS2 TEMS AND NETWORKS. 

3 Not later than 6 months after the date of enactment 

4 of this Act, the Secretary shall submit a report to the 

5 Committee on Commerce, Science, and Transportation of 

6 the Senate and the Committee on Transportation and In7 frastructure of the House of Representatives that in8 cludes— 

9 (1) established time frames and milestones for 

10 resuming the Commercial Vehicle Information Sys11 tems and Networks Program; and 

12 (2) a strategic workforce plan for its grants 

13 management office to ensure that it has determined 

14 the skills and competencies that are critical to 

15 achieving its mission goals. 

16 Subtitle G—Motorcoach Enhanced 

17 Safety Act of 2012 

18 SEC. 32701. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Motorcoach En20 hanced Safety Act of 2012’’. 

21 SEC. 32702. DEFINITIONS. 

22 In this subtitle: 

23 (1) ADVANCED GLAZING.—The term ‘‘advanced 

24 glazing’’ means glazing installed in a portal on the 

25 side or the roof of a motorcoach that is designed to 


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1 be highly resistant to partial or complete occupant 

2 ejection in all types of motor vehicle crashes. 

3 (2) BUS.—The term ‘‘bus’’ has the meaning 

4 given the term in section 571.3(b) of title 49, Code 

5 of Federal Regulations (as in effect on the day be6 fore the date of enactment of this Act). 

7 (3) COMMERCIAL MOTOR VEHICLE.—Except as 

8 otherwise specified, the term ‘‘commercial motor ve9 hicle’’ has the meaning given the term in section 

10 31132(1) of title 49, United States Code. 

11 (4) DIRECT TIRE PRESSURE MONITORING SYS12 TEM.—The term ‘‘direct tire pressure monitoring 

13 system’’ means a tire pressure monitoring system 

14 that is capable of directly detecting when the air 

15 pressure level in any tire is significantly under-in16 flated and providing the driver a low tire pressure 

17 warning as to which specific tire is significantly 

18 under-inflated. 

19 (5) ELECTRONIC ON-BOARD RECORDER.—The 

20 term ‘‘electronic on-board recorder’’ means an elec21 tronic device that acquires and stores data showing 

22 the record of duty status of the vehicle operator and 

23 performs the functions required of an automatic on24 board recording device in section 395.15(b) of title 

25 49, Code of Federal Regulations. 


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1 (6) EVENT DATA RECORDER.—The term ‘‘event 

2 data recorder’’ has the meaning given that term in 

3 section 563.5 of title 49, Code of Federal Regula4 tions. 

5 (7) MOTOR CARRIER.—The term ‘‘motor car6 rier’’ means— 

7 (A) a motor carrier (as defined in section 

8 13102(14) of title 49, United States Code); or 

9 (B) a motor private carrier (as defined in 

10 section 13102(15) of that title). 

11 (8) MOTORCOACH.—The term ‘‘motorcoach’’ 

12 has the meaning given the term ‘‘over-the-road bus’’ 

13 in section 3038(a)(3) of the Transportation Equity 

14 Act for the 21st Century (49 U.S.C. 5310 note), but 

15 does not include— 

16 (A) a bus used in public transportation 

17 provided by, or on behalf of, a public transpor18 tation agency; or 

19 (B) a school bus, including a multifunction 

20 school activity bus. 

21 (9) MOTORCOACH SERVICES.—The term ‘‘mo22 torcoach services’’ means passenger transportation 

23 by motorcoach for compensation. 

24 (10) MULTIFUNCTION SCHOOL ACTIVITY BUS.— 

25 The term ‘‘multifunction school activity bus’’ has the 


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1 meaning given the term in section 571.3(b) of title 

2 49, Code of Federal Regulations (as in effect on the 

3 day before the date of enactment of this Act). 

4 (11) PORTAL.—The term ‘‘portal’’ means any 

5 opening on the front, side, rear, or roof of a motor6 coach that could, in the event of a crash involving 

7 the motorcoach, permit the partial or complete ejec8 tion of any occupant from the motorcoach, including 

9 a young child. 

10 (12) PROVIDER OF MOTORCOACH SERVICES.— 

11 The term ‘‘provider of motorcoach services’’ means 

12 a motor carrier that provides passenger transpor13 tation services with a motorcoach, including per-trip 

14 compensation and contracted or chartered com15 pensation. 

16 (13) PUBLIC TRANSPORTATION.—The term 

17 ‘‘public transportation’’ has the meaning given the 

18 term in section 5302 of title 49, United States Code. 

19 (14) SAFETY BELT.—The term ‘‘safety belt’’ 

20 has the meaning given the term in section 

21 153(i)(4)(B) of title 23, United States Code. 

22 (15) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of Transportation. 


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1 SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PRO2 TECTION, PASSENGER EVACUATION, AND 

3 CRASH AVOIDANCE. 

4 (a) REGULATIONS REQUIRED WITHIN 1 YEAR.—Not 

5 later than 1 year after the date of enactment of this Act, 

6 the Secretary shall prescribe regulations requiring safety 

7 belts to be installed in motorcoaches at each designated 

8 seating position. 

9 (b) REGULATIONS REQUIRED WITHIN 2 YEARS.— 

10 Not later than 2 years after the date of enactment of this 

11 Act, the Secretary shall prescribe the following commercial 

12 motor vehicle regulations: 

13 (1) ROOF STRENGTH AND CRUSH RESIST14 ANCE.—The Secretary shall establish improved roof 

15 and roof support standards for motorcoaches that 

16 substantially improve the resistance of motorcoach 

17 roofs to deformation and intrusion to prevent serious 

18 occupant injury in rollover crashes involving 

19 motorcoaches. 

20 (2) ANTI-EJECTION SAFETY COUNTER21 MEASURES.—The Secretary shall require advanced 

22 glazing to be installed in each motorcoach portal and 

23 shall consider other portal improvements to prevent 

24 partial and complete ejection of motorcoach pas25 sengers, including children. In prescribing such 

26 standards, the Secretary shall consider the impact of 


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1 such standards on the use of motorcoach portals as 

2 a means of emergency egress. 

3 (3) ROLLOVER CRASH AVOIDANCE.—The Sec4 retary shall require motorcoaches to be equipped 

5 with stability enhancing technology, such as elec6 tronic stability control and torque vectoring, to re7 duce the number and frequency of rollover crashes 

8 among motorcoaches. 

9 (c) COMMERCIAL MOTOR VEHICLE TIRE PRESSURE

10 MONITORING SYSTEMS.—Not later than 3 years after the 

11 date of enactment of this Act, the Secretary shall prescribe 

12 the following commercial vehicle regulation: 

13 (1) IN GENERAL.—The Secretary shall require 

14 motorcoaches to be equipped with direct tire pres15 sure monitoring systems that warn the operator of 

16 a commercial motor vehicle when any tire exhibits a 

17 level of air pressure that is below a specified level of 

18 air pressure established by the Secretary. 

19 (2) PERFORMANCE REQUIREMENTS.—The regu20 lation prescribed by the Secretary under this sub21 section shall include performance requirements to 

22 ensure that direct tire pressure monitoring systems 

23 are capable of— 

24 (A) providing a warning to the driver when 

25 1 or more tires are underinflated; 


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1 (B) activating in a specified time period 

2 after the underinflation is detected; and 

3 (C) operating at different vehicle speeds. 

4 (d) APPLICATION OF REGULATIONS.— 

5 (1) NEW MOTORCOACHES.—Any regulation pre6 scribed in accordance with subsection (a), (b), or (c) 

7 shall apply to all motorcoaches manufactured more 

8 than 2 years after the date on which the regulation 

9 is published as a final rule. 

10 (2) RETROFIT REQUIREMENTS FOR EXISTING

11 MOTORCOACHES.— 

12 (A) IN GENERAL.—The Secretary may, by 

13 regulation, provide for the application of any re14 quirement established under subsection (a) or 

15 (b)(2) to motorcoaches manufactured before the 

16 date on which the requirement applies to new 

17 motorcoaches under paragraph (1) based on an 

18 assessment of the feasibility, benefits, and costs 

19 of retrofitting the older motorcoaches. 

20 (B) ASSESSMENT.—The Secretary shall 

21 complete an assessment with respect to safety 

22 belt retrofits not later than 1 year after the 

23 date of enactment of this Act and with respect 

24 to anti-ejection countermeasure retrofits not 


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1 later than 2 years after the date of enactment 

2 of this Act. 

3 (e) FAILURE TO MEET DEADLINE.—If the Secretary 

4 determines that a final rule cannot be issued before the 

5 deadline established under this section, the Secretary 

6 shall— 

7 (1) submit a report to the Committee on Com8 merce, Science, and Transportation of the Senate 

9 and the Committee on Energy and Commerce of the 

10 House of Representatives that explains why the 

11 deadline cannot be met; and 

12 (2) establish a new deadline for the issuance of 

13 the final rule. 

14 SEC. 32704. STANDARDS FOR IMPROVED FIRE SAFETY. 

15 (a) EVALUATIONS.—Not later than 18 months after 

16 the date of enactment of this Act, the Secretary shall ini17 tiate the following rulemaking proceedings: 

18 (1) FLAMMABILITY STANDARD FOR EXTERIOR

19 COMPONENTS.—The Secretary shall establish re20 quirements for fire hardening or fire resistance of 

21 motorcoach exterior components to prevent fire and 

22 smoke inhalation injuries to occupants. 

23 (2) SMOKE SUPPRESSION.—The Secretary shall 

24 update Federal Motor Vehicle Safety Standard 

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1 mability of interior materials) to improve the resist2 ance of motorcoach interiors and components to 

3 burning and permit sufficient time for the safe evac4 uation of passengers from motorcoaches. 

5 (3) PREVENTION OF, AND RESISTANCE TO, 

6 WHEEL WELL FIRES.—The Secretary shall establish 

7 requirements— 

8 (A) to prevent and mitigate the propaga9 tion of wheel well fires into the passenger com10 partment; and 

11 (B) to substantially reduce occupant 

12 deaths and injuries from such fires. 

13 (4) AUTOMATIC FIRE SUPPRESSION.—The Sec14 retary shall establish requirements for motorcoaches 

15 to be equipped with highly effective fire suppression 

16 systems that automatically respond to and suppress 

17 all fires in such motorcoaches. 

18 (5) PASSENGER EVACUATION.—The Secretary 

19 shall establish requirements for motorcoaches to be 

20 equipped with— 

21 (A) improved emergency exit window, door, 

22 roof hatch, and wheelchair lift door designs to 

23 expedite access and use by passengers of 

24 motorcoaches under all emergency cir25 cumstances, including crashes and fires; and 


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1 (B) emergency interior lighting systems, 

2 including luminescent or retroreflectorized de3 lineation of evacuation paths and exits, which 

4 are triggered by a crash or other emergency in5 cident to accomplish more rapid and effective 

6 evacuation of passengers. 

7 (6) CAUSATION AND PREVENTION OF MOTOR8 COACH FIRES.—The Secretary shall examine the 

9 principle causes of motorcoach fires and vehicle de10 sign changes intended to reduce the number of mo11 torcoach fires resulting from those principle causes. 

12 (b) DEADLINE.—Not later than 42 months after the 

13 date of enactment of this Act, the Secretary shall— 

14 (1) issue final rules in accordance with sub15 section (a); or 

16 (2) if the Secretary determines that any stand17 ard is not warranted based on the requirements and 

18 considerations set forth in subsection (a) and (b) of 

19 section 30111 of title 49, United States Code, sub20 mit a report that describes the reasons for not pre21 scribing such a standard to— 

22 (A) the Committee on Commerce, Science, 

23 and Transportation of the Senate; and 

24 (B) the Committee on Energy and Com25 merce of the House of Representatives. 


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1 (c) TIRE PERFORMANCE STANDARD.—Not later than 

2 3 years after the date of enactment of this Act, the Sec3 retary shall— 

4 (1) issue a final rule upgrading performance 

5 standards for tires used on motorcoaches, including 

6 an enhanced endurance test and a new high-speed 

7 performance test; or 

8 (2) if the Secretary determines that a standard 

9 is not warranted based on the requirements and con10 siderations set forth in subsections (a) and (b) of 

11 section 30111 of title 49, United States Code, sub12 mit a report that describes the reasons for not pre13 scribing such a standard to— 

14 (A) the Committee on Commerce, Science, 

15 and Transportation of the Senate; and 

16 (B) the Committee on Energy and Com17 merce of the House of Representatives. 

18 SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOID19 ANCE, FIRE CAUSATION, AND FIRE EXTIN20 GUISHER RESEARCH AND TESTING. 

21 (a) SAFETY RESEARCH INITIATIVES.—Not later than 

22 2 years after the date of enactment of this Act, the Sec23 retary shall complete the following research and testing: 

24 (1) IMPROVED FIRE EXTINGUISHERS.—The 

25 Secretary shall research and test the need to install 


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1 improved fire extinguishers or other readily available 

2 firefighting equipment in motorcoaches to effectively 

3 extinguish fires in motorcoaches and prevent pas4 senger deaths and injuries. 

5 (2) INTERIOR IMPACT PROTECTION.—The Sec6 retary shall research and test enhanced occupant im7 pact protection standards for motorcoach interiors to 

8 reduce substantially serious injuries for all pas9 sengers of motorcoaches. 

10 (3) COMPARTMENTALIZATION SAFETY COUN11 TERMEASURES.—The Secretary shall require en12 hanced compartmentalization safety counter13 measures for motorcoaches, including enhanced seat14 ing designs, to substantially reduce the risk of pas15 sengers being thrown from their seats and colliding 

16 with other passengers, interior surfaces, and compo17 nents in the event of a crash involving a motorcoach. 

18 (4) COLLISION AVOIDANCE SYSTEMS.—The Sec19 retary shall research and test forward and lateral 

20 crash warning systems applications for 

21 motorcoaches. 

22 (b) RULEMAKING.—Not later than 2 years after the 

23 completion of each research and testing initiative required 

24 under subsection (a), the Secretary shall issue final motor 

25 vehicle safety standards if the Secretary determines that 


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1 such standards are warranted based on the requirements 

2 and considerations set forth in subsections (a) and (b) of 

3 section 30111 of title 49, United States Code. 

4 SEC. 32706. MOTORCOACH REGISTRATION. 

5 (a) REGISTRATION REQUIREMENTS.—Section 

6 13902(b) is amended— 

7 (1) by redesignating paragraphs (1) through 

8 (8) as paragraphs (4) through (11), respectively; 

9 and 

10 (2) by inserting before paragraph (4), as redes11 ignated, the following: 

12 ‘‘(1) ADDITIONAL REGISTRATION REQUIRE13 MENTS FOR PROVIDERS OR MOTORCOACH SERV14 ICES.—In addition to meeting the requirements 

15 under subsection (a)(1), the Secretary may not reg16 ister a person to provide motorcoach services until 

17 after the person— 

18 ‘‘(A) undergoes a preauthorization safety 

19 audit, including verification, in a manner suffi20 cient to demonstrate the ability to comply with 

21 Federal rules and regulations, of— 

22 ‘‘(i) a drug and alcohol testing pro23 gram under part 40 of title 49, Code of 

24 Federal Regulations; 


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1 ‘‘(ii) the carrier’s system of compli2 ance with hours-of-service rules, including 

3 hours-of-service records; 

4 ‘‘(iii) the ability to obtain required in5 surance; 

6 ‘‘(iv) driver qualifications, including 

7 the validity of the commercial driver’s li8 cense of each driver who will be operating 

9 under such authority; 

10 ‘‘(v) disclosure of common ownership, 

11 common control, common management, 

12 common familial relationship, or other cor13 porate relationship with another motor car14 rier or applicant for motor carrier author15 ity during the past 3 years; 

16 ‘‘(vi) records of the State inspections, 

17 or of a Level I or V Commercial Vehicle 

18 Safety Alliance Inspection, for all vehicles 

19 that will be operated by the carrier; 

20 ‘‘(vii) safety management programs, 

21 including vehicle maintenance and repair 

22 programs; and 

23 ‘‘(viii) the ability to comply with the 

24 Americans with Disabilities Act of 1990 

25 (42 U.S.C. 12101 et seq.), and the OverVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01216 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 the-Road Bus Transportation Accessibility 

2 Act of 2007 (122 Stat. 2915); 

3 ‘‘(B) has been interviewed to review safety 

4 management controls and the carrier’s written 

5 safety oversight policies and practices; and 

6 ‘‘(C) through the successful completion of 

7 a written examination developed by the Sec8 retary, has demonstrated proficiency to comply 

9 with and carry out the requirements and regu10 lations described in subsection (a)(1). 

11 ‘‘(2) PRE-AUTHORIZATION SAFETY AUDIT.— 

12 The pre-authorization safety audit required under 

13 paragraph (1)(A) shall be completed on-site not later 

14 than 90 days following the submission of an applica15 tion for operating authority. 

16 ‘‘(3) FEE.—The Secretary may establish, under 

17 section 9701 of title 31, a fee of not more than 

18 $1,200 for new registrants that as nearly as possible 

19 covers the costs of performing a preauthorization 

20 safety audit. Amounts collected under this sub21 section shall be deposited in the Highway Trust 

22 Fund (other than the Mass Transit Account).’’. 

23 (b) SAFETY REVIEWS OF NEW OPERATORS.—Section 

24 31144(g)(1) is amended by inserting ‘‘transporting prop25 erty’’ after ‘‘each operator’’. 


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1 (c) CONFORMING AMENDMENT.—Section 

2 24305(a)(3)(A)(i) is amended by striking ‘‘section 

3 13902(b)(8)(A)’’ and inserting ‘‘section 

4 13902(b)(11)(A)’’. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect 1 year after the date of enact7 ment of this Act. 

8 SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERV9 ICE PROVIDERS. 

10 (a) SAFETY REVIEWS.—Section 31144, as amended 

11 by sections 32204 and 32604 of this Act, is amended by 

12 adding at the end the following: 

13 ‘‘(j) PERIODIC SAFETY REVIEWS OF PROVIDERS OF

14 MOTORCOACH SERVICES.— 

15 ‘‘(1) SAFETY REVIEW.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall— 

17 ‘‘(i) determine the safety fitness of all 

18 providers of motorcoach services registered 

19 with the Federal Motor Carrier Safety Ad20 ministration through a simple and under21 standable rating system that allows motor22 coach passengers to compare the safety 

23 performance of motorcoach operators; and 

24 ‘‘(ii) assign a safety fitness rating to 

25 each such provider. 


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1 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

2 shall apply— 

3 ‘‘(i) to any provider of motorcoach 

4 services registered with the Administration 

5 after the date of enactment of the Motor6 coach Enhanced Safety Act of 2012 begin7 ning not later than 2 years after the date 

8 of such registration; and 

9 ‘‘(ii) to any provider of motorcoach 

10 services registered with the Administration 

11 on or before the date of enactment of that 

12 Act beginning not later than 3 years after 

13 the date of enactment of that Act. 

14 ‘‘(2) PERIODIC REVIEW.—The Secretary shall 

15 establish, by regulation, a process for monitoring the 

16 safety performance of each provider of motorcoach 

17 services on a regular basis following the assignment 

18 of a safety fitness rating, including progressive inter19 vention to correct unsafe practices. 

20 ‘‘(3) ENFORCEMENT STRIKE FORCES.—In addi21 tion to the enhanced monitoring and enforcement ac22 tions required under paragraph (2), the Secretary 

23 may organize special enforcement strike forces tar24 geting providers of motorcoach services. 


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1 ‘‘(4) PERIODIC UPDATE OF SAFETY FITNESS

2 RATING.—In conducting the safety reviews required 

3 under this subsection, the Secretary shall— 

4 ‘‘(A) reassess the safety fitness rating of 

5 each provider not less frequently than once 

6 every 3 years; and 

7 ‘‘(B) annually assess the safety fitness of 

8 certain providers of motorcoach services that 

9 serve primarily urban areas with high passenger 

10 loads. 

11 ‘‘(5) MOTORCOACH SERVICES DEFINED.—In 

12 this subsection, the term ‘provider of motorcoach 

13 services’ has the meaning given such term in section 

14 32702 of the Motorcoach Enhanced Safety Act of 

15 2012.’’. 

16 (b) DISCLOSURE OF SAFETY PERFORMANCE RAT17 INGS OF MOTORCOACH SERVICES AND OPERATIONS.— 

18 (1) IN GENERAL.—Subchapter I of chapter 141 

19 of title 49, United States Code, is amended by add20 ing at the end the following: 

21 ‘‘§ 14105. Safety performance ratings of motorcoach 

22 services and operations 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) MOTORCOACH.— 


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

2 subparagraph (B), the term ‘motorcoach’ has 

3 the meaning given to the term ‘over-the-road 

4 bus’ in section 3038(a)(3) of the Transpor5 tation Equity Act for the 21st Century (49 

6 U.S.C. 5310 note). 

7 ‘‘(B) EXCLUSIONS.—The term ‘motor8 coach’ does not include— 

9 ‘‘(i) a bus used in public transpor10 tation that is provided by a State or local 

11 government; or 

12 ‘‘(ii) a school bus (as defined in sec13 tion 30125(a)(1)), including a multi14 function school activity bus. 

15 ‘‘(2) MOTORCOACH SERVICES AND OPER16 ATIONS.—The term ‘motorcoach services and oper17 ations’ means passenger transportation by a motor18 coach for compensation. 

19 ‘‘(b) DISPLAY OF MOTOR CARRIER IDENTIFICA20 TION.— 

21 ‘‘(1) REQUIREMENT.—Beginning on the date 

22 that is 1 year after the date of the enactment of the 

23 Moving Ahead for Progress in the 21st Century Act, 

24 no person may sell or offer to sell interstate motor25 coach transportation services, or provide broker servVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01221 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ices related to such transportation, unless the per2 son, at the point of sale or provision of broker serv3 ices, conspicuously displays— 

4 ‘‘(A) the legal name and USDOT number 

5 of the single motor carrier responsible for the 

6 transportation and for compliance with the 

7 Federal Motor Carrier Safety Regulations 

8 under parts 350 through 399 of title 49, Code 

9 of Federal Regulations; and 

10 ‘‘(B) the URL for the Federal Motor Car11 rier Safety Administration’s public website 

12 where the Administration has posted motor car13 rier and commercial motor vehicle driver scores 

14 in the Safety Measurement System. 

15 ‘‘(2) CIVIL PENALTIES.—A person who violates 

16 paragraph (1) shall be liable for civil penalties to the 

17 same extent as a person who does not prepare a 

18 record in the form and manner prescribed under sec19 tion 14901(a). 

20 ‘‘(c) RULEMAKING.— 

21 ‘‘(1) IN GENERAL.—Not later than 2 years 

22 after the date on which the safety fitness determina23 tion rule is implemented, the Secretary shall require, 

24 by regulation— 


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1 ‘‘(A) each motor carrier that owns or 

2 leases 1 or more motorcoaches that transport 

3 passengers subject to the Secretary’s jurisdic4 tion under section 13501 to prominently display 

5 the safety fitness rating assigned under section 

6 31144(j)(1)(A)(ii)— 

7 ‘‘(i) in each terminal of departure; 

8 ‘‘(ii) in the motorcoach and visible 

9 from a position exterior to the vehicle at 

10 the point of departure, if the motorcoach 

11 does not depart from a terminal; and 

12 ‘‘(iii) at all points of sale for such mo13 torcoach services and operations; and 

14 ‘‘(B) any person who sells tickets for mo15 torcoach services and operations to display the 

16 rating system described in subparagraph (A) at 

17 all points of sale for such motorcoach services 

18 and operations. 

19 ‘‘(2) ITEMS INCLUDED IN THE RULEMAKING.— 

20 In promulgating safety performance ratings for 

21 motorcoaches pursuant to the rulemaking required 

22 under paragraph (1), the Secretary shall consider— 

23 ‘‘(A) the need and extent to which safety 

24 performance ratings should be made available 

25 in languages other than English; and 


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1 ‘‘(B) penalties authorized under section 

2 521. 

3 ‘‘(3) INSUFFICIENT INSPECTIONS.—Any motor 

4 carrier for which insufficient safety data is available 

5 shall display a label that states that the carrier has 

6 sufficiently passed the preauthorization safety audit 

7 required under section 13902(b)(1)(A). 

8 ‘‘(d) EFFECT ON STATE AND LOCAL LAW.—Nothing 

9 in this section may be construed to preempt a State, or 

10 a political subdivision of a State, from enforcing any re11 quirements concerning the manner and content of con12 sumer information provided by motor carriers that are not 

13 subject to the Secretary’s jurisdiction under section 

14 13501.’’. 

15 (2) CLERICAL AMENDMENT.—The analysis of 

16 chapter 141 of title 49, United States Code, is 

17 amended by inserting after the item relating to sec18 tion 14104 the following: 

‘‘14105. Safety performance ratings of motorcoach services and operations.’’. 

19 SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND 

20 COSTS OF ESTABLISHING A SYSTEM OF CER21 TIFICATION OF TRAINING PROGRAMS. 

22 Not later than 2 years after the date of the enact23 ment of this Act, the Secretary shall submit a report to 

24 the Committee on Commerce, Science, and Transportation 

25 of the Senate and the Committee on Transportation and 


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1 Infrastructure of the House of Representatives that de2 scribes the feasibility, benefits, and costs of establishing 

3 a system of certification of public and private schools and 

4 of motor carriers and motorcoach operators that provide 

5 motorcoach driver training. 

6 SEC. 32709. REPORT ON DRIVER’S LICENSE REQUIREMENTS 

7 FOR 9- TO 15-PASSENGER VANS. 

8 (a) IN GENERAL.—Not later than 18 months after 

9 the date of enactment of this Act, the Secretary shall sub10 mit a report to the Committee on Commerce, Science, and 

11 Transportation of the Senate and the Committee on 

12 Transportation and Infrastructure of the House of Rep13 resentatives that examines requiring all or certain classes 

14 of drivers operating a vehicle, which is designed or used 

15 to transport not fewer than 9 and not more than 15 pas16 sengers (including a driver) in interstate commerce, to 

17 have a commercial driver’s license passenger-carrying en18 dorsement and be tested in accordance with a drug and 

19 alcohol testing program under part 40 of title 49, Code 

20 of Federal Regulations. 

21 (b) CONSIDERATIONS.—In developing the report 

22 under subsection (a), the Secretary shall consider— 

23 (1) the safety benefits of the requirement de24 scribed in subsection (a); 


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1 (2) the scope of the population that would be 

2 impacted by such requirement; 

3 (3) the cost to the Federal Government and 

4 State governments to meet such requirement; and 

5 (4) the impact on safety benefits and cost from 

6 limiting the application of such requirement to cer7 tain drivers of such vehicles, such as drivers who are 

8 compensated for driving. 

9 SEC. 32710. EVENT DATA RECORDERS. 

10 (a) EVALUATION.—Not later than 1 year after the 

11 date of enactment of this Act, the Secretary, after consid12 ering the performance requirements for event data record13 ers for passenger vehicles under part 563 of title 49, Code 

14 of Federal Regulations, shall complete an evaluation of 

15 event data recorders, including requirements regarding 

16 specific types of vehicle operations, events and incidents, 

17 and systems information to be recorded, for event data 

18 recorders to be used on motorcoaches used by motor car19 riers in interstate commerce. 

20 (b) STANDARDS AND REGULATIONS.—Not later than 

21 2 years after completing the evaluation required under 

22 subsection (a), the Secretary shall issue standards and 

23 regulations based on the results of that evaluation. 


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1 SEC. 32711. SAFETY INSPECTION PROGRAM FOR COMMER2 CIAL MOTOR VEHICLES OF PASSENGERS. 

3 Not later than 3 years after the date of enactment 

4 of this Act, the Secretary shall complete a rulemaking pro5 ceeding to consider requiring States to conduct annual in6 spections of commercial motor vehicles designed or used 

7 to transport passengers, including an assessment of— 

8 (1) the risks associated with improperly main9 tained or inspected commercial motor vehicles de10 signed or used to transport passengers; 

11 (2) the effectiveness of existing Federal stand12 ards for the inspection of such vehicles in— 

13 (A) mitigating the risks described in para14 graph (1); and 

15 (B) ensuring the safe and proper operation 

16 condition of such vehicles; and 

17 (3) the costs and benefits of a mandatory State 

18 inspection program. 

19 SEC. 32712. DISTRACTED DRIVING. 

20 (a) IN GENERAL.—Chapter 311, as amended by sec21 tions 32113, 32508, and 32512 of this Act, is amended 

22 by adding after section 31154 the following: 

23 ‘‘§ 31155. Regulation of the use of distracting devices 

24 in motorcoaches 

25 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

26 date of enactment of the Motorcoach Enhanced Safety Act 


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1 of 2012, the Secretary of Transportation shall prescribe 

2 regulations on the use of electronic or wireless devices, in3 cluding cell phones and other distracting devices, by an 

4 individual employed as the operator of a motorcoach (as 

5 defined in section 32702 of that Act). 

6 ‘‘(b) BASIS FOR REGULATIONS.—The Secretary shall 

7 base the regulations prescribed under subsection (a) on 

8 accident data analysis, the results of ongoing research, 

9 and other information, as appropriate. 

10 ‘‘(c) PROHIBITED USE.—Except as provided under 

11 subsection (d), the Secretary shall prohibit the use of the 

12 devices described in subsection (a) in circumstances in 

13 which the Secretary determines that their use interferes 

14 with a driver’s safe operation of a motorcoach. 

15 ‘‘(d) PERMITTED USE.—The Secretary may permit 

16 the use of a device that is otherwise prohibited under sub17 section (c) if the Secretary determines that such use is 

18 necessary for the safety of the driver or the public in emer19 gency circumstances.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 311 is amended by inserting after the item relat22 ing to section 31154 the following: 

‘‘31155. Regulation of the use of distracting devices in motorcoaches.’’. 

23 SEC. 32713. REGULATIONS. 

24 Any standard or regulation prescribed or modified 

25 pursuant to the Motorcoach Enhanced Safety Act of 2012 


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1 shall be prescribed or modified in accordance with section 

2 553 of title 5, United States Code. 

3 Subtitle H—Safe Highways and 

4 Infrastructure Preservation 

5 SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT 

6 LIMITS STUDY. 

7 (a) TRUCK SIZE AND WEIGHT LIMITS STUDY.—Not 

8 later than 90 days after the date of enactment of this Act, 

9 the Secretary, in consultation with each relevant State and 

10 other applicable Federal agencies, shall commence a com11 prehensive truck size and weight limits study. The study 

12 shall— 

13 (1) provide data on accident frequency and fac14 tors related to accident risk of each route of the Na15 tional Highway System in each State that allows a 

16 vehicle to operate with size and weight limits that 

17 are in excess of the Federal law and regulations and 

18 its correlation to truck size and weight limits; 

19 (2) evaluate the impacts to the infrastructure of 

20 each route of the National Highway System in each 

21 State that allows a vehicle to operate with size and 

22 weight limits that are in excess of the Federal law 

23 and regulations, including— 

24 (A) an analysis that quantifies the cost 

25 and benefits of the impacts in dollars; 


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1 (B) an analysis of the percentage of trucks 

2 operating in excess of the Federal size and 

3 weight limits; and 

4 (C) an analysis that examines the ability of 

5 each State to recover the cost for the impacts, 

6 or the benefits incurred; 

7 (3) evaluate the impacts and frequency of viola8 tions in excess of the Federal size and weight law 

9 and regulations to determine the cost of the enforce10 ment of the law and regulations, and the effective11 ness of the enforcement methods; 

12 (4) examine the relationship between truck per13 formance and crash involvement and its correlation 

14 to Federal size and weight limits, including the im15 pacts on crashes; 

16 (5) assess the impacts that truck size and 

17 weight limits in excess of the Federal law and regu18 lations have in the risk of bridge failure contributing 

19 to the structural deficiencies of bridges or in the 

20 useful life of a bridge, including the impacts result21 ing from the number of bridge loadings; 

22 (6) analyze the impacts on safety and infra23 structure in each State that allows a truck to oper24 ate in excess of Federal size and weight limitations 

25 in truck-only lanes; 


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1 (7) compare and contrast the safety and infra2 structure impacts of the Federal limits regarding 

3 truck size and weight limits in relation to— 

4 (A) six-axle and other alternative configu5 rations of tractor-trailers; and 

6 (B) safety records of foreign nations with 

7 truck size and weight limits and tractor-trailer 

8 configurations that differ from the Federal law 

9 and regulations; and 

10 (8) estimate— 

11 (A) the extent to which freight would be 

12 diverted from other surface transportation 

13 modes to principal arterial routes and National 

14 Highway System intermodal connectors if each 

15 covered truck configuration is allowed to oper16 ate and the effect that any such diversion would 

17 have on other modes of transportation; 

18 (B) the effect that any such diversion 

19 would have on public safety, infrastructure, cost 

20 responsibilities, fuel efficiency, and the environ21 ment; 

22 (C) the effect on the transportation net23 work of the United States that allowing each 

24 covered truck configuration to operate would 

25 have; and 


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1 (D) whether allowing each covered truck 

2 configuration to operate would result in an in3 crease or decrease in the total number of trucks 

4 operating on principal arterial routes and Na5 tional Highway System intermodal connectors; 

6 and 

7 (9) identify all Federal rules and regulations 

8 impacted by changes in truck size and weight limits. 

9 (b) REPORT.—Not later than 2 years after the date 

10 that the study is commenced under subsection (a), the 

11 Secretary shall submit a final report on the study, includ12 ing all findings and recommendations, to the Committee 

13 on Commerce, Science, and Transportation and the Com14 mittee on Environment and Public Works of the Senate 

15 and the Committee on Transportation and Infrastructure 

16 of the House of Representatives. 

17 SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE 

18 AND WEIGHT LIMIT LAWS. 

19 (a) IN GENERAL.—Not later than 90 days after the 

20 date of enactment of this Act, the Secretary, in consulta21 tion with the States, shall begin to compile— 

22 (1) a list for each State, as applicable, that de23 scribes each route of the National Highway System 

24 that allows a vehicle to operate in excess of the Fed25 eral truck size and weight limits that— 


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1 (A) was authorized under State law on or 

2 before the date of enactment of this Act; and 

3 (B) was in actual and lawful operation on 

4 a regular or periodic basis (including seasonal 

5 operations) on or before the date of enactment 

6 of this Act; 

7 (2) a list for each State, as applicable, that de8 scribes— 

9 (A) the size and weight limitations applica10 ble to each segment of the National Highway 

11 System in that State as listed under paragraph 

12 (1); 

13 (B) each combination that exceeds the 

14 Interstate weight limit, but that the Depart15 ment of Transportation, other Federal agency, 

16 or a State agency has determined on or before 

17 the date of enactment of this Act, could be or 

18 could have been lawfully operated in the State; 

19 and 

20 (C) each combination that exceeds the 

21 Interstate weight limit, but that the Secretary 

22 determines could have been lawfully operated on 

23 a non-Interstate segment of the National High24 way System in the State on or before the date 

25 of enactment of this Act; and 


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1 (3) a list of each State law that designates or 

2 allows designation of size and weight limitations in 

3 excess of Federal law and regulations on routes of 

4 the National Highway System, including nondivisible 

5 loads. 

6 (b) SPECIFICATIONS.—The Secretary, in consultation 

7 with the States, shall specify whether the determinations 

8 under paragraphs (1) and (2) of subsection (a) were made 

9 by the Department of Transportation, other Federal agen10 cy, or a State agency. 

11 (c) REPORT.—Not later than 2 years after the date 

12 of enactment of this Act, the Secretary shall submit a final 

13 report of the compilation under subsection (a) to the Com14 mittee on Commerce, Science, and Transportation and the 

15 Committee on Environment and Public Works of the Sen16 ate and the Committee on Transportation and Infrastruc17 ture of the House of Representatives. 

18 Subtitle I—Miscellaneous 

19 PART I—MISCELLANEOUS 

20 SEC. 32911. DETENTION TIME STUDY. 

21 (a) STUDY.—Not later than 30 days after the date 

22 of enactment of this Act, the Secretary shall task the 

23 Motor Carrier Safety Advisory Committee to study the ex24 tent to which detention time contributes to drivers vioVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01234 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 lating hours of service requirements and driver fatigue. In 

2 conducting this study, the Committee shall— 

3 (1) examine data collected from driver and vehi4 cle inspections; 

5 (2) consult with— 

6 (A) motor carriers and drivers, shippers, 

7 and representatives of ports and other facilities 

8 where goods are loaded and unloaded; 

9 (B) government officials; and 

10 (C) other parties as appropriate; and 

11 (3) provide recommendations to the Secretary 

12 for addressing issues identified in the study. 

13 (b) REPORT.—Not later than 18 months after the 

14 date of enactment of this Act, the Secretary shall provide 

15 a report to the Committee on Commerce, Science, and 

16 Transportation of the Senate and the Committee on 

17 Transportation and Infrastructure of the House of Rep18 resentatives that includes recommendations for legislation 

19 and for addressing the results of the study. 

20 SEC. 32912. PROHIBITION OF COERCION. 

21 Section 31136(a) is amended by— 

22 (1) striking ‘‘and’’ at the end of paragraph (3); 

23 (2) striking the period at the end of paragraph 

24 (4) and inserting ‘‘; and’’; and 

25 (3) adding after subsection (4) the following: 


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1 ‘‘(5) an operator of a commercial motor vehicle 

2 is not coerced by a motor carrier, shipper, receiver, 

3 or transportation intermediary to operate a commer4 cial motor vehicle in violation of a regulation pro5 mulgated under this section, or chapter 51 or chap6 ter 313 of this title.’’. 

7 SEC. 32913. MOTOR CARRIER SAFETY ADVISORY COM8 MITTEE. 

9 (a) MEMBERSHIP.—Section 4144(b)(1) of the Safe, 

10 Accountable, Flexible, Efficient Transportation Equity 

11 Act: A Legacy for Users (49 U.S.C. 31100 note), is 

12 amended by inserting ‘‘nonprofit employee labor organiza13 tions representing commercial motor vehicle drivers,’’ 

14 after ‘‘industry,’’. 

15 (b) TERMINATION DATE.—Section 4144(d) of the 

16 Safe, Accountable, Flexible, Efficient Transportation Eq17 uity Act: A Legacy for Users (49 U.S.C. 31100 note), is 

18 amended by striking ‘‘March 31, 2012’’ and inserting 

19 ‘‘September 30, 2013’’. 

20 SEC. 32914. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS. 

21 (a) WAIVER STANDARDS.—Section 31315(a) is 

22 amended— 

23 (1) by inserting ‘‘and’’ at the end of paragraph 

24 (2); 

25 (2) by striking paragraph (3); and 


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1 (3) redesignating paragraph (4) as paragraph 

2 (3). 

3 (b) EXEMPTION STANDARDS.—Section 31315(b)(4) 

4 is amended— 

5 (1) in subparagraph (A), by inserting ‘‘(or, in 

6 the case of a request for an exemption from the 

7 physical qualification standards for commercial 

8 motor vehicle drivers, post on a web site established 

9 by the Secretary to implement the requirements of 

10 section 31149)’’ after ‘‘Federal Register’’; 

11 (2) by amending subparagraph (B) to read as 

12 follows: 

13 ‘‘(B) UPON GRANTING A REQUEST.—Upon 

14 granting a request and before the effective date 

15 of the exemption, the Secretary shall publish in 

16 the Federal Register (or, in the case of an ex17 emption from the physical qualification stand18 ards for commercial motor vehicle drivers, post 

19 on a web site established by the Secretary to 

20 implement the requirements of section 31149) 

21 the name of the person granted the exemption, 

22 the provisions from which the person is exempt, 

23 the effective period, and the terms and condi24 tions of the exemption.’’; and 


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1 (3) in subparagraph (C), by inserting ‘‘(or, in 

2 the case of a request for an exemption from the 

3 physical qualification standards for commercial 

4 motor vehicle drivers, post on a web site established 

5 by the Secretary to implement the requirements of 

6 section 31149)’’ after ‘‘Federal Register’’. 

7 (c) PROVIDING NOTICE OF EXEMPTIONS TO STATE

8 PERSONNEL.—Section 31315(b)(7) is amended to read as 

9 follows: 

10 ‘‘(7) NOTIFICATION OF STATE COMPLIANCE

11 AND ENFORCEMENT PERSONNEL.—Before the effec12 tive date of an exemption, the Secretary shall notify 

13 a State safety compliance and enforcement agency, 

14 and require the agency pursuant to section 

15 31102(b)(1)(Y) to notify the State’s roadside inspec16 tors, that a person will be operating pursuant to an 

17 exemption and the terms and conditions that apply 

18 to the exemption.’’. 

19 (d) PILOT PROGRAMS.—Section 31315(c)(1) is 

20 amended by striking ‘‘in the Federal Register’’. 

21 (e) REPORT TO CONGRESS.—Section 31315 is 

22 amended by adding after subsection (d) the following: 

23 ‘‘(e) REPORT TO CONGRESS.—The Secretary shall 

24 submit an annual report to the Committee on Commerce, 

25 Science, and Transportation of the Senate and the ComVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01238 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 mittee on Transportation and Infrastructure of the House 

2 of Representatives listing the waivers, exemptions, and 

3 pilot programs granted under this section, and any im4 pacts on safety. 

5 ‘‘(f) WEB SITE.—The Secretary shall ensure that the 

6 Federal Motor Carrier Safety Administration web site in7 cludes a link to the web site established by the Secretary 

8 to implement the requirements under sections 31149 and 

9 31315. The link shall be in a clear and conspicuous loca10 tion on the home page of the Federal Motor Carrier Safety 

11 Administration web site and be easily accessible to the 

12 public.’’. 

13 SEC. 32915. REGISTRATION REQUIREMENTS. 

14 (a) REQUIREMENTS FOR REGISTRATION.—Section 

15 13901 is amended to read as follows: 

16 ‘‘§ 13901. Requirements for registration 

17 ‘‘(a) IN GENERAL.—A person may not provide trans18 portation as a motor carrier subject to jurisdiction under 

19 subchapter I of chapter 135 or service as a freight for20 warder subject to jurisdiction under subchapter III of such 

21 chapter, or be a broker for transportation subject to juris22 diction under subchapter I of such chapter unless the per23 son is registered under this chapter to provide such trans24 portation or service. 

25 ‘‘(b) REGISTRATION NUMBERS.— 


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1 ‘‘(1) IN GENERAL.—If the Secretary registers a 

2 person under this chapter to provide transportation 

3 or service, including as a motor carrier, freight for4 warder, or broker, the Secretary shall issue a dis5 tinctive registration number to the person for each 

6 such authority to provide transportation or service 

7 for which the person is registered. 

8 ‘‘(2) TRANSPORTATION OR SERVICE TYPE INDI9 CATOR.—A number issued under paragraph (1) shall 

10 include an indicator of the type of transportation or 

11 service for which the registration number is issued, 

12 including whether the registration number is issued 

13 for registration of a motor carrier, freight forwarder, 

14 or broker. 

15 ‘‘(c) SPECIFICATION OF AUTHORITY.—For each 

16 agreement to provide transportation or service for which 

17 registration is required under this chapter, the registrant 

18 shall specify, in writing, the authority under which the 

19 person is providing such transportation or service.’’. 

20 (b) AVAILABILITY OF INFORMATION.— 

21 (1) IN GENERAL.—Chapter 139 is amended by 

22 adding at the end the following: 


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1 ‘‘§ 13909. Availability of information 

2 ‘‘The Secretary shall make information relating to 

3 registration and financial security required by this chapter 

4 publicly available on the Internet, including–– 

5 ‘‘(1) the names and business addresses of the 

6 principals of each entity holding such registration; 

7 and 

8 ‘‘(2) the electronic address of the entity’s surety 

9 provider for the submission of claims.’’. 

10 (2) CONFORMING AMENDMENT.—The analysis 

11 for chapter 139 is amended by adding at the end the 

12 following: 

‘‘13909. Availability of information.’’. 

13 SEC. 32916. ADDITIONAL MOTOR CARRIER REGISTRATION 

14 REQUIREMENTS. 

15 Section 13902, as amended by sections 32101 and 

16 32107(a) of this Act, is amended–– 

17 (1) in subsection (a)— 

18 (A) in paragraph (1), by inserting ‘‘using 

19 self-propelled vehicles the motor carrier owns or 

20 leases’’ after ‘‘motor carrier’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(6) SEPARATE REGISTRATION REQUIRED.—A 

23 motor carrier may not broker transportation services 

24 unless the motor carrier has registered as a broker 

25 under this chapter.’’; and 


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1 (2) by inserting after subsection (h) the fol2 lowing: 

3 ‘‘(i) REGISTRATION AS FREIGHT FORWARDER OR

4 BROKER REQUIRED.—A motor carrier registered under 

5 this chapter–– 

6 ‘‘(1) may only provide transportation of prop7 erty with self-propelled motor vehicles owned or 

8 leased by the motor carrier or interchanges under 

9 regulations issued by the Secretary if the originating 

10 carrier— 

11 ‘‘(A) physically transports the cargo at 

12 some point; and 

13 ‘‘(B) retains liability for the cargo and for 

14 payment of interchanged carriers; and 

15 ‘‘(2) may not arrange transportation described 

16 in paragraph (1) unless the motor carrier has ob17 tained a separate registration as a freight forwarder 

18 or broker for transportation under section 13903 or 

19 13904, as applicable.’’. 

20 SEC. 32917. REGISTRATION OF FREIGHT FORWARDERS AND 

21 BROKERS. 

22 (a) REGISTRATION OF FREIGHT FORWARDERS.— 

23 Section 13903, as amended by section 32107(b) of this 

24 Act, is amended— 

25 (1) in subsection (a)— 


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1 (A) by striking ‘‘finds that the person is 

2 fit’’ and inserting the following: ‘‘determines 

3 that the person–– 

4 ‘‘(1) has sufficient experience to qualify the per5 son to act as a freight forwarder; and 

6 ‘‘(2) is fit’’; and 

7 (B) by striking ‘‘and the Board’’; 

8 (2) by redesignating subsections (b) and (c) as 

9 subsections (d) and (e), respectively; 

10 (3) by inserting after subsection (a) the fol11 lowing: 

12 ‘‘(b) DURATION.—A registration issued under sub13 section (a) shall only remain in effect while the freight 

14 forwarder is in compliance with section 13906(c). 

15 ‘‘(c) EXPERIENCE OR TRAINING REQUIREMENT.— 

16 Each freight forwarder shall employ, as an officer, an indi17 vidual who–– 

18 ‘‘(1) has at least 3 years of relevant experience; 

19 or 

20 ‘‘(2) provides the Secretary with satisfactory 

21 evidence of the individual’s knowledge of related 

22 rules, regulations, and industry practices.’’; and 

23 (4) by amending subsection (d), as redesig24 nated, to read as follows: 


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1 ‘‘(d) REGISTRATION AS MOTOR CARRIER RE2 QUIRED.—A freight forwarder may not provide transpor3 tation as a motor carrier unless the freight forwarder has 

4 registered separately under this chapter to provide trans5 portation as a motor carrier.’’. 

6 (b) REGISTRATION OF BROKERS.—Section 13904, as 

7 amended by section 32107(c) of this Act, is amended— 

8 (1) in subsection (a), by striking ‘‘finds that the 

9 person is fit’’ and inserting the following: ‘‘deter10 mines that the person–– 

11 ‘‘(1) has sufficient experience to qualify the per12 son to act as a broker for transportation; and 

13 ‘‘(2) is fit’’; 

14 (2) by redesignating subsections (b), (c), (d), 

15 and (e) as subsections (d), (e), (f), and (g) respec16 tively; 

17 (3) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) DURATION.—A registration issued under sub20 section (a) shall only remain in effect while the broker for 

21 transportation is in compliance with section 13906(b). 

22 ‘‘(c) EXPERIENCE OR TRAINING REQUIREMENTS.— 

23 Each broker shall employ, as an officer, an individual 

24 who–– 


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1 ‘‘(1) has at least 3 years of relevant experience; 

2 or 

3 ‘‘(2) provides the Secretary with satisfactory 

4 evidence of the individual’s knowledge of related 

5 rules, regulations, and industry practices.’’; and 

6 (4) by amending subsection (d), as redesig7 nated, to read as follows: 

8 ‘‘(d) REGISTRATION AS MOTOR CARRIER RE9 QUIRED.—A broker for transportation may not provide 

10 transportation as a motor carrier unless the broker has 

11 registered separately under this chapter to provide trans12 portation as a motor carrier.’’. 

13 SEC. 32918. EFFECTIVE PERIODS OF REGISTRATION. 

14 Section 13905(c) is amended to read as follows: 

15 ‘‘(c) EFFECTIVE PERIOD.— 

16 ‘‘(1) IN GENERAL.—Except as otherwise pro17 vided in this part, each registration issued under 

18 section 13902, 13903, or 13904— 

19 ‘‘(A) shall be effective beginning on the 

20 date specified by the Secretary; and 

21 ‘‘(B) shall remain in effect for such period 

22 as the Secretary determines appropriate by reg23 ulation. 

24 ‘‘(2) REISSUANCE OF REGISTRATION.— 


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1 ‘‘(A) REQUIREMENT.—Not later than 4 

2 years after the date of the enactment of the 

3 Commercial Motor Vehicle Safety Enhancement 

4 Act of 2012, the Secretary shall require a 

5 freight forwarder or broker to renew its reg6 istration issued under this chapter. 

7 ‘‘(B) EFFECTIVE PERIOD.—Each registra8 tion renewal under subparagraph (A)— 

9 ‘‘(i) shall expire not later than 5 years 

10 after the date of such renewal; and 

11 ‘‘(ii) may be further renewed as pro12 vided under this chapter. 

13 ‘‘(3) REGISTRATION UPDATE.—The Secretary 

14 shall require a motor carrier, freight forwarder, or 

15 broker to update its registration under this chapter 

16 periodically or not later than 30 days after any 

17 change in address, other contact information, offi18 cers, process agent, or other essential information, 

19 as determined by the Secretary and published in the 

20 Federal Register.’’. 

21 SEC. 32919. FINANCIAL SECURITY OF BROKERS AND 

22 FREIGHT FORWARDERS. 

23 (a) IN GENERAL.—Section 13906 is amended by 

24 striking subsections (b) and (c) and inserting the fol25 lowing: 


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1 ‘‘(b) BROKER FINANCIAL SECURITY REQUIRE2 MENTS.— 

3 ‘‘(1) REQUIREMENTS.— 

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

5 register a person as a broker under section 

6 13904 only if the person files with the Sec7 retary a surety bond, proof of trust fund, or 

8 other financial security, or a combination there9 of, in a form and amount, and from a provider, 

10 determined by the Secretary to be adequate to 

11 ensure financial responsibility. 

12 ‘‘(B) USE OF A GROUP SURETY BOND, 

13 TRUST FUND, OR OTHER SURETY.—In imple14 menting the standards established by subpara15 graph (A), the Secretary may authorize the use 

16 of a group surety bond, trust fund, or other fi17 nancial security, or a combination thereof, that 

18 meets the requirements of this subsection. 

19 ‘‘(C) SURETY BONDS.—A surety bond ob20 tained under this section may only be obtained 

21 from a bonding company that has been ap22 proved by the Secretary of the Treasury. 

23 ‘‘(D) PROOF OF TRUST OR OTHER FINAN24 CIAL SECURITY.—For purposes of subpara25 graph (A), a trust fund or other financial secuVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01247 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 rity may be acceptable to the Secretary only if 

2 the trust fund or other financial security con3 sists of assets readily available to pay claims 

4 without resort to personal guarantees or collec5 tion of pledged accounts receivable. 

6 ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 

7 ‘‘(A) PAYMENT OF CLAIMS.—A surety 

8 bond, trust fund, or other financial security ob9 tained under paragraph (1) shall be available to 

10 pay any claim against a broker arising from its 

11 failure to pay freight charges under its con12 tracts, agreements, or arrangements for trans13 portation subject to jurisdiction under chapter 

14 135 if–– 

15 ‘‘(i) subject to the review by the sur16 ety provider, the broker consents to the 

17 payment; 

18 ‘‘(ii) in any case in which the broker 

19 does not respond to adequate notice to ad20 dress the validity of the claim, the surety 

21 provider determines that the claim is valid; 

22 or 

23 ‘‘(iii) the claim is not resolved within 

24 a reasonable period of time following a rea25 sonable attempt by the claimant to resolve 


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1 the claim under clauses (i) and (ii), and 

2 the claim is reduced to a judgment against 

3 the broker. 

4 ‘‘(B) RESPONSE OF SURETY PROVIDERS

5 TO CLAIMS.—If a surety provider receives notice 

6 of a claim described in subparagraph (A), the 

7 surety provider shall–– 

8 ‘‘(i) respond to the claim on or before 

9 the 30th day following the date on which 

10 the notice was received; and 

11 ‘‘(ii) in the case of a denial, set forth 

12 in writing for the claimant the grounds for 

13 the denial. 

14 ‘‘(C) COSTS AND ATTORNEY’S FEES.—In 

15 any action against a surety provider to recover 

16 on a claim described in subparagraph (A), the 

17 prevailing party shall be entitled to recover its 

18 reasonable costs and attorney’s fees. 

19 ‘‘(3) MINIMUM FINANCIAL SECURITY.—Each 

20 broker subject to the requirements of this section 

21 shall provide financial security of $100,000 for pur22 poses of this subsection, regardless of the number of 

23 branch offices or sales agents of the broker. 

24 ‘‘(4) CANCELLATION NOTICE.—If a financial se25 curity required under this subsection is canceled–– 


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1 ‘‘(A) the holder of the financial security 

2 shall provide electronic notification to the Sec3 retary of the cancellation not later than 30 days 

4 before the effective date of the cancellation; and 

5 ‘‘(B) the Secretary shall immediately post 

6 such notification on the public Internet Website 

7 of the Department of Transportation. 

8 ‘‘(5) SUSPENSION.—The Secretary shall imme9 diately suspend the registration of a broker issued 

10 under this chapter if the available financial security 

11 of that person falls below the amount required under 

12 this subsection. 

13 ‘‘(6) PAYMENT OF CLAIMS IN CASES OF FINAN14 CIAL FAILURE OR INSOLVENCY.—If a broker reg15 istered under this chapter experiences financial fail16 ure or insolvency, the surety provider of the broker 

17 shall–– 

18 ‘‘(A) submit a notice to cancel the financial 

19 security to the Administrator in accordance 

20 with paragraph (4); 

21 ‘‘(B) publicly advertise for claims for 60 

22 days beginning on the date of publication by the 

23 Secretary of the notice to cancel the financial 

24 security; and 


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1 ‘‘(C) pay, not later than 30 days after the 

2 expiration of the 60-day period for submission 

3 of claims–– 

4 ‘‘(i) all uncontested claims received 

5 during such period; or 

6 ‘‘(ii) a pro rata share of such claims 

7 if the total amount of such claims exceeds 

8 the financial security available. 

9 ‘‘(7) PENALTIES.— 

10 ‘‘(A) CIVIL ACTIONS.—Either the Sec11 retary or the Attorney General of the United 

12 States may bring a civil action in an appro13 priate district court of the United States to en14 force the requirements of this subsection or a 

15 regulation prescribed or order issued under this 

16 subsection. The court may award appropriate 

17 relief, including injunctive relief. 

18 ‘‘(B) CIVIL PENALTIES.—If the Secretary 

19 determines, after notice and opportunity for a 

20 hearing, that a surety provider of a broker reg21 istered under this chapter has violated the re22 quirements of this subsection or a regulation 

23 prescribed under this subsection, the surety 

24 provider shall be liable to the United States for 


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1 a civil penalty in an amount not to exceed 

2 $10,000. 

3 ‘‘(C) ELIGIBILITY.—If the Secretary deter4 mines, after notice and opportunity for a hear5 ing, that a surety provider of a broker reg6 istered under this chapter has violated the re7 quirements of this subsection or a regulation 

8 prescribed under this subsection, the surety 

9 provider shall be ineligible to provider broker fi10 nancial security for 3 years. 

11 ‘‘(8) FINANCIAL SECURITY AMOUNT ASSESS12 MENT.—Every 5 years, the Secretary shall review, 

13 with public notice and comment, the amount of the 

14 financial security required under this subsection to 

15 determine whether such amounts are sufficient to 

16 provide adequate financial security, and shall be au17 thorized to increase those amounts, if necessary, 

18 based upon that determination. 

19 ‘‘(c) FREIGHT FORWARDER FINANCIAL SECURITY

20 REQUIREMENTS.— 

21 ‘‘(1) REQUIREMENTS.— 

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

23 register a person as a freight forwarder under 

24 section 13903 only if the person files with the 

25 Secretary a surety bond, proof of trust fund, 


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1 other financial security, or a combination of 

2 such instruments, in a form and amount, and 

3 from a provider, determined by the Secretary to 

4 be adequate to ensure financial responsibility. 

5 ‘‘(B) USE OF A GROUP SURETY BOND, 

6 TRUST FUND, OR OTHER FINANCIAL SECU7 RITY.—In implementing the standards estab8 lished under subparagraph (A), the Secretary 

9 may authorize the use of a group surety bond, 

10 trust fund, other financial security, or a com11 bination of such instruments, that meets the re12 quirements of this subsection. 

13 ‘‘(C) SURETY BONDS.—A surety bond ob14 tained under this section may only be obtained 

15 from a bonding company that has been ap16 proved by the Secretary of the Treasury. 

17 ‘‘(D) PROOF OF TRUST OR OTHER FINAN18 CIAL SECURITY.—For purposes of subpara19 graph (A), a trust fund or other financial secu20 rity may not be accepted by the Secretary un21 less the trust fund or other financial security 

22 consists of assets readily available to pay claims 

23 without resort to personal guarantees or collec24 tion of pledged accounts receivable. 

25 ‘‘(2) SCOPE OF FINANCIAL RESPONSIBILITY.— 


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1 ‘‘(A) PAYMENT OF CLAIMS.—A surety 

2 bond, trust fund, or other financial security ob3 tained under paragraph (1) shall be available to 

4 pay any claim against a freight forwarder aris5 ing from its failure to pay freight charges under 

6 its contracts, agreements, or arrangements for 

7 transportation subject to jurisdiction under 

8 chapter 135 if–– 

9 ‘‘(i) subject to the review by the sur10 ety provider, the freight forwarder con11 sents to the payment; 

12 ‘‘(ii) in the case the freight forwarder 

13 does not respond to adequate notice to ad14 dress the validity of the claim, the surety 

15 provider determines the claim is valid; or 

16 ‘‘(iii) the claim— 

17 ‘‘(I) is not resolved within a rea18 sonable period of time following a rea19 sonable attempt by the claimant to re20 solve the claim under clauses (i) and 

21 (ii); and 

22 ‘‘(II) is reduced to a judgment 

23 against the freight forwarder. 

24 ‘‘(B) RESPONSE OF SURETY PROVIDERS

25 TO CLAIMS.—If a surety provider receives notice 


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1 of a claim described in subparagraph (A), the 

2 surety provider shall–– 

3 ‘‘(i) respond to the claim on or before 

4 the 30th day following receipt of the no5 tice; and 

6 ‘‘(ii) in the case of a denial, set forth 

7 in writing for the claimant the grounds for 

8 the denial. 

9 ‘‘(C) COSTS AND ATTORNEY’S FEES.—In 

10 any action against a surety provider to recover 

11 on a claim described in subparagraph (A), the 

12 prevailing party shall be entitled to recover its 

13 reasonable costs and attorney’s fees. 

14 ‘‘(3) FREIGHT FORWARDER INSURANCE.— 

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

16 register a person as a freight forwarder under 

17 section 13903 only if the person files with the 

18 Secretary a surety bond, insurance policy, or 

19 other type of financial security that meets 

20 standards prescribed by the Secretary. 

21 ‘‘(B) LIABILITY INSURANCE.—A financial 

22 security filed by a freight forwarder under sub23 paragraph (A) shall be sufficient to pay an 

24 amount, not to exceed the amount of the finan25 cial security, for each final judgment against 


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1 the freight forwarder for bodily injury to, or 

2 death of, an individual, or loss of, or damage to, 

3 property (other than property referred to in 

4 subparagraph (C)), resulting from the negligent 

5 operation, maintenance, or use of motor vehi6 cles by, or under the direction and control of, 

7 the freight forwarder while providing transfer, 

8 collection, or delivery service under this part. 

9 ‘‘(C) CARGO INSURANCE.—The Secretary 

10 may require a registered freight forwarder to 

11 file with the Secretary a surety bond, insurance 

12 policy, or other type of financial security ap13 proved by the Secretary, that will pay an 

14 amount, not to exceed the amount of the finan15 cial security, for loss of, or damage to, property 

16 for which the freight forwarder provides service. 

17 ‘‘(4) MINIMUM FINANCIAL SECURITY.—Each 

18 freight forwarder subject to the requirements of this 

19 section shall provide financial security of $100,000, 

20 regardless of the number of branch offices or sales 

21 agents of the freight forwarder. 

22 ‘‘(5) CANCELLATION NOTICE.—If a financial se23 curity required under this subsection is canceled–– 

24 ‘‘(A) the holder of the financial security 

25 shall provide electronic notification to the SecVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01256 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 retary of the cancellation not later than 30 days 

2 before the effective date of the cancellation; and 

3 ‘‘(B) the Secretary shall immediately post 

4 such notification on the public Internet web site 

5 of the Department of Transportation. 

6 ‘‘(6) SUSPENSION.—The Secretary shall imme7 diately suspend the registration of a freight for8 warder issued under this chapter if its available fi9 nancial security falls below the amount required 

10 under this subsection. 

11 ‘‘(7) PAYMENT OF CLAIMS IN CASES OF FINAN12 CIAL FAILURE OR INSOLVENCY.—If a freight for13 warder registered under this chapter experiences fi14 nancial failure or insolvency, the surety provider of 

15 the freight forwarder shall–– 

16 ‘‘(A) submit a notice to cancel the financial 

17 security to the Administrator in accordance 

18 with paragraph (5); 

19 ‘‘(B) publicly advertise for claims for 60 

20 days beginning on the date of publication by the 

21 Secretary of the notice to cancel the financial 

22 security; and 

23 ‘‘(C) pay, not later than 30 days after the 

24 expiration of the 60-day period for submission 

25 of claims–– 


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1 ‘‘(i) all uncontested claims received 

2 during such period; or 

3 ‘‘(ii) a pro rata share of such claims 

4 if the total amount of such claims exceeds 

5 the financial security available. 

6 ‘‘(8) PENALTIES.— 

7 ‘‘(A) CIVIL ACTIONS.—Either the Sec8 retary or the Attorney General may bring a civil 

9 action in an appropriate district court of the 

10 United States to enforce the requirements of 

11 this subsection or a regulation prescribed or 

12 order issued under this subsection. The court 

13 may award appropriate relief, including injunc14 tive relief. 

15 ‘‘(B) CIVIL PENALTIES.—If the Secretary 

16 determines, after notice and opportunity for a 

17 hearing, that a surety provider of a freight for18 warder registered under this chapter has vio19 lated the requirements of this subsection or a 

20 regulation prescribed under this subsection, the 

21 surety provider shall be liable to the United 

22 States for a civil penalty in an amount not to 

23 exceed $10,000. 

24 ‘‘(C) ELIGIBILITY.—If the Secretary deter25 mines, after notice and opportunity for a hearVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01258 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ing, that a surety provider of a freight for2 warder registered under this chapter has vio3 lated the requirements of this subsection or a 

4 regulation prescribed under this subsection, the 

5 surety provider shall be ineligible to provide 

6 freight forwarder financial security for 3 years. 

7 ‘‘(9) FINANCIAL SECURITY AND INSURANCE

8 AMOUNT ASSESSMENT.—Not less frequently than 

9 once every 5 years, the Secretary— 

10 ‘‘(A) shall review, with public notice and 

11 comment, the amount of the financial security 

12 and insurance required under this subsection to 

13 determine whether such amounts are sufficient 

14 to provide adequate financial security; and 

15 ‘‘(B) may increase such amounts, if nec16 essary, based upon the determination under 

17 subparagraph (A).’’. 

18 (b) RULEMAKING.—Not later than 1 year after the 

19 date of enactment of this Act, the Secretary shall issue 

20 regulations to implement and enforce the requirements 

21 under subsections (b) and (c) of section 13906 of title 49, 

22 United States Code, as amended by subsection (a). 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall take effect on the date that is 1 year 

25 after the date of enactment of this Act. 


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1 SEC. 32920. UNLAWFUL BROKERAGE ACTIVITIES. 

2 (a) IN GENERAL.—Chapter 149 is amended by add3 ing at the end the following: 

4 ‘‘§ 14916. Unlawful brokerage activities 

5 ‘‘(a) PROHIBITED ACTIVITIES.—Any person that acts 

6 as a broker, other than a non-vessel-operating common 

7 carrier (as defined in section 40102(16) of title 46) or an 

8 ocean freight forwarder providing brokerage as part of an 

9 international through movement involving ocean transpor10 tation between the United States and a foreign port, is 

11 prohibited from providing interstate brokerage services as 

12 a broker unless that person–– 

13 ‘‘(1) is registered under, and in compliance 

14 with, section 13903; and 

15 ‘‘(2) has satisfied the financial security require16 ments under section 13904. 

17 ‘‘(b) CIVIL PENALTIES AND PRIVATE CAUSE OF AC18 TION.—Any person who knowingly authorizes, consents to, 

19 or permits, directly or indirectly, either alone or in con20 junction with any other person, a violation of subsection 

21 (a) is liable–– 

22 ‘‘(1) to the United States Government for a 

23 civil penalty in an amount not to exceed $10,000 for 

24 each violation; and 

25 ‘‘(2) to the injured party for all valid claims in26 curred without regard to amount. 


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1 ‘‘(c) LIABLE PARTIES.—The liability for civil pen2 alties and for claims under this section for unauthorized 

3 brokering shall apply, jointly and severally–– 

4 ‘‘(1) to any corporate entity or partnership in5 volved; and 

6 ‘‘(2) to the individual officers, directors, and 

7 principals of such entities.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chap9 ter 149 is amended by adding at the end the following: 

‘‘14916. Unlawful brokerage activities.’’. 

10 PART II—HOUSEHOLD GOODS TRANSPORTATION 

11 SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS 

12 FOR HOUSEHOLD GOODS MOTOR CARRIERS. 

13 (a) Section 13902(a)(2) is amended— 

14 (1) in subparagraph (B), by striking ‘‘section 

15 13702(c);’’ and inserting ‘‘section 13702(c); and’’; 

16 (2) by amending subparagraph (C) to read as 

17 follows: 

18 ‘‘(C) demonstrates, before being registered, 

19 through successful completion of a proficiency 

20 examination established by the Secretary, 

21 knowledge and intent to comply with applicable 

22 Federal laws relating to consumer protection, 

23 estimating, consumers’ rights and responsibil24 ities, and options for limitations of liability for 

25 loss and damage.’’; and 


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1 (3) by striking subparagraph (D). 

2 (b) COMPLIANCE REVIEWS OF NEW HOUSEHOLD

3 GOODS MOTOR CARRIERS.—Section 31144(g), as amend4 ed by section 32102 of this Act, is amended by adding 

5 at the end the following: 

6 ‘‘(6) ADDITIONAL REQUIREMENTS FOR HOUSE7 HOLD GOODS MOTOR CARRIERS.—(A) In addition to 

8 the requirements of this subsection, the Secretary 

9 shall require, by regulation, each registered house10 hold goods motor carrier to undergo a consumer pro11 tection standards review not later than 18 months 

12 after the household goods motor carrier begins oper13 ations under such authority. 

14 ‘‘(B) ELEMENTS.—In the regulations 

15 issued pursuant to subparagraph (A), the Sec16 retary shall establish the elements of the con17 sumer protections standards review, including 

18 basic management controls. In establishing the 

19 elements, the Secretary shall consider the ef20 fects on small businesses and shall consider es21 tablishing alternate locations where such re22 views may be conducted for the convenience of 

23 small businesses.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect 2 years after the date of en3 actment of this Act. 

4 SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSE5 HOLD GOODS. 

6 (a) INJUNCTIVE RELIEF.—Section 14704(a)(1) is 

7 amended by striking ‘‘and 14103’’ and inserting ‘‘, 14103, 

8 and 14915(c)’’. 

9 (b) CIVIL PENALTIES.—Section 14915(a)(1) is 

10 amended by adding at the end the following: 

11 ‘‘The United States may assign all or a portion of 

12 the civil penalty to an aggrieved shipper. The Secretary 

13 of Transportation shall establish criteria upon which such 

14 assignments shall be made. The Secretary may order, 

15 after notice and an opportunity for a proceeding, that a 

16 person found holding a household goods shipment hostage 

17 return the goods to an aggrieved shipper.’’. 

18 SEC. 32923. SETTLEMENT AUTHORITY. 

19 (a) SETTLEMENT OF GENERAL CIVIL PENALTIES.— 

20 Section 14901 is amended by adding at the end the fol21 lowing: 

22 ‘‘(h) SETTLEMENT OF HOUSEHOLD GOODS CIVIL

23 PENALTIES.—Nothing in this section shall be construed 

24 to prohibit the Secretary from accepting partial payment 

25 of a civil penalty as part of a settlement agreement in the 


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1 public interest, or from holding imposition of any part of 

2 a civil penalty in abeyance.’’. 

3 (b) SETTLEMENT OF HOUSEHOLD GOODS CIVIL

4 PENALTIES.—Section 14915(a) is amended by adding at 

5 the end the following: 

6 ‘‘(4) SETTLEMENT AUTHORITY.—Nothing in 

7 this section shall be construed as prohibiting the 

8 Secretary from accepting partial payment of a civil 

9 penalty as part of a settlement agreement in the 

10 public interest, or from holding imposition of any 

11 part of a civil penalty in abeyance.’’. 

12 SEC. 32924. HOUSEHOLD GOODS TRANSPORTATION ASSIST13 ANCE PROGRAM. 

14 (a) JOINT ASSISTANCE PROGRAM.—Not later than 

15 18 months after the date of enactment of this Act, the 

16 Secretary shall develop and implement a joint assistance 

17 program, through the Federal Motor Carrier Safety Ad18 ministration— 

19 (1) to educate consumers about the household 

20 goods motor carrier industry pursuant to the rec21 ommendations of the task force established under 

22 section 32925 of this Act; 

23 (2) to improve the Federal Motor Carrier Safe24 ty Administration’s implementation, monitoring, and 


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1 coordination of Federal and State household goods 

2 enforcement activities; 

3 (3) to assist a consumer with the timely resolu4 tion of an interstate household goods hostage situa5 tion, as appropriate; and 

6 (4) to conduct other enforcement activities as 

7 designated by the Secretary. 

8 (b) JOINT ASSISTANCE PROGRAM PARTNERSHIP.— 

9 The Secretary— 

10 (1) may partner with 1 or more household 

11 goods motor carrier industry groups to implement 

12 the joint assistance program under subsection (a); 

13 and 

14 (2) shall ensure that each participating house15 hold goods motor carrier industry group— 

16 (A) implements the joint assistance pro17 gram in the best interest of the consumer; 

18 (B) implements the joint assistance pro19 gram in the public interest; 

20 (C) accurately represents its financial in21 terests in providing household goods mover 

22 services in the normal course of business and in 

23 assisting consumers resolving hostage situa24 tions; 


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1 (D) does not hold itself out or misrepre2 sent itself as an agent of the Federal govern3 ment; 

4 (E) abides by Federal regulations and 

5 guidelines for the provision of assistance and 

6 receipt of compensation for household goods 

7 mover services; and 

8 (F) accurately represents the Federal and 

9 State remedies that are available to consumers 

10 for resolving interstate household goods hostage 

11 situations. 

12 (c) REPORT.—The Secretary shall submit a report 

13 annually to the Committee on Commerce, Science, and 

14 Transportation of the Senate and the Committee on 

15 Transportation and Infrastructure of the House of Rep16 resentatives providing a detailed description of the joint 

17 assistance program under subsection (a). 

18 (d) PROHIBITION.—The joint assistance program 

19 under subsection (a) may not include the provision of 

20 funds by the United States to a consumer for lost, stolen, 

21 or damaged items. 

22 SEC. 32925. HOUSEHOLD GOODS CONSUMER EDUCATION 

23 PROGRAM. 

24 (a) TASK FORCE.—The Secretary of Transportation 

25 shall establish a task force to develop recommendations 


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1 to ensure that a consumer is informed of Federal law con2 cerning the transportation of household goods by a motor 

3 carrier, including recommendations— 

4 (1) on how to condense publication ESA 03005 

5 of the Federal Motor Carrier Safety Administration 

6 into a format that can be more easily used by a con7 sumer; and 

8 (2) on the use of state-of-the-art education 

9 techniques and technologies, including the use of the 

10 Internet as an educational tool. 

11 (b) TASK FORCE MEMBERS.—The task force shall be 

12 comprised of— 

13 (1) individuals with expertise in consumer af14 fairs; 

15 (2) educators with expertise in how people learn 

16 most effectively; and 

17 (3) representatives of the household goods mov18 ing industry. 

19 (c) RECOMMENDATIONS.—Not later than 1 year after 

20 the date of enactment of this Act, the task force shall com21 plete its recommendations under subsection (a). Not later 

22 than 1 year after the task force completes its rec23 ommendations under subsection (a), the Secretary shall 

24 issue regulations implementing the recommendations, as 

25 appropriate. 


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1 (d) FEDERAL ADVISORY COMMITTEE ACT EXEMP2 TION.—The Federal Advisory Committee Act (5 U.S.C. 

3 App.) shall not apply to the task force. 

4 (e) TERMINATION.—The task force shall terminate 2 

5 years after the date of enactment of this Act. 

6 PART III—TECHNICAL AMENDMENTS 

7 SEC. 32931. UPDATE OF OBSOLETE TEXT. 

8 (a) Section 31137(e), as redesignated by section 

9 32301 of this Act, is amended by striking ‘‘Not later than 

10 December 1, 1990, the Secretary shall prescribe’’ and in11 serting ‘‘The Secretary shall maintain’’. 

12 (b) Section 31151(a) is amended— 

13 (1) by amending paragraph (1) to read as fol14 lows: 

15 ‘‘(1) IN GENERAL.—The Secretary of Transpor16 tation shall maintain a program to ensure that inter17 modal equipment used to transport intermodal con18 tainers is safe and systematically maintained.’’; and 

19 (2) by striking paragraph (4). 

20 (c) Section 31307(b) is amended by striking ‘‘Not 

21 later than December 18, 1994, the Secretary shall pre22 scribe’’ and inserting ‘‘The Secretary shall maintain’’. 

23 (d) Section 31310(g)(1) is amended by striking ‘‘Not 

24 later than 1 year after the date of enactment of this Act, 

25 the’’ and inserting ‘‘The’’. 


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1 (e) Section 4123(f) of the Safe, Accountable, Flexi2 ble, Efficient Transportation Equity Act: A Legacy for 

3 Users (119 Stat. 1736), is amended by striking ‘‘Not later 

4 than 1 year after the date of enactment of this Act, the’’ 

5 and inserting ‘‘The’’. 

6 SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COM7 MISSION REFERENCES. 

8 (a) SAFETY INFORMATION AND INTERVENTION IN

9 INTERSTATE COMMERCE COMMISSION PROCEEDINGS.— 

10 Chapter 3 is amended— 

11 (1) by repealing section 307; 

12 (2) in the analysis, by striking the item relating 

13 to section 307; 

14 (3) in section 333(d)(1)(C), by striking ‘‘Inter15 state Commerce Commission’’ and inserting ‘‘Sur16 face Transportation Board’’; and 

17 (4) in section 333(e)— 

18 (A) by striking ‘‘Interstate Commerce 

19 Commission’’ and inserting ‘‘Surface Transpor20 tation Board’’; and 

21 (B) by striking ‘‘Commission’’ and insert22 ing ‘‘Board’’. 

23 (b) FILING AND PROCEDURE FOR APPLICATION TO

24 ABANDON OR DISCONTINUE.—Section 10903(b)(2) is 


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1 amended by striking ‘‘24706(c) of this title’’ and inserting 

2 ‘‘24706(c) of this title before May 31, 1998’’. 

3 (c) TECHNICAL AMENDMENTS TO PART C OF SUB4 TITLE V.— 

5 (1) Section 24307(b)(3) is amended by striking 

6 ‘‘Interstate Commerce Commission’’ and inserting 

7 ‘‘Surface Transportation Board’’. 

8 (2) Section 24311 is amended— 

9 (A) by striking ‘‘Interstate Commerce 

10 Commission’’ and inserting ‘‘Surface Transpor11 tation Board’’; 

12 (B) by striking ‘‘Commission’’ each place it 

13 appears and inserting ‘‘Board’’; and 

14 (C) by striking ‘‘Commission’s’’ and insert15 ing ‘‘Board’s’’. 

16 (3) Section 24902 is amended— 

17 (A) by striking ‘‘Interstate Commerce 

18 Commission’’ each place it appears and insert19 ing ‘‘Surface Transportation Board’’; and 

20 (B) by striking ‘‘Commission’’ each place it 

21 appears and inserting ‘‘Board’’. 

22 (4) Section 24904 is amended— 

23 (A) by striking ‘‘Interstate Commerce 

24 Commission’’ and inserting ‘‘Surface Transpor25 tation Board’’; and 


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1 (B) by striking ‘‘Commission’’ each place it 

2 appears and inserting ‘‘Board’’. 

3 SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS. 

4 (a) Section 13905(f)(1)(A) is amended by striking 

5 ‘‘section 13904(c)’’ and inserting ‘‘section 13904(e)’’; 

6 (b) Section 14504a(c)(1) is amended— 

7 (1) in subparagraph (C), by striking ‘‘sections’’ 

8 and inserting ‘‘section’’; and 

9 (2) in subparagraph (D)(ii)(II) by striking the 

10 period at the end and inserting ‘‘; and’’. 

11 (c) Section 31103(a) is amended by striking ‘‘section 

12 31102(b)(1)(E)’’ and inserting ‘‘section 31102(b)(2)(E)’’. 

13 (d) Section 31103(b) is amended by striking ‘‘author14 ized by section 31104(f)(2)’’. 

15 (e) Section 31309(b)(2) is amended by striking 

16 ‘‘31308(2)’’ and inserting ‘‘31308(3)’’. 

17 TITLE III—SURFACE TRANSPOR18 TATION AND FREIGHT POL19 ICY ACT OF 2012 

20 SEC. 33001. SHORT TITLE. 

21 This title may be cited as the ‘‘Surface Transpor22 tation and Freight Policy Act of 2012’’. 


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1 SEC. 33002. ESTABLISHMENT OF A NATIONAL SURFACE 

2 TRANSPORTATION AND FREIGHT POLICY. 

3 (a) IN GENERAL.—Subchapter I of chapter 3 of title 

4 49, United States Code, as amended by section 32932 of 

5 the Commercial Motor Vehicle Safety Enhancement Act 

6 of 2012, is amended— 

7 (1) by redesignating sections 304 through 306 

8 as sections 307 through 309, respectively; 

9 (2) by redesignating sections 308 and 309 as 

10 sections 310 and 311, respectively; 

11 (3) by redesignating sections 303 and 303a as 

12 sections 305 and 306, respectively; and 

13 (4) by inserting after section 302 the following: 

14 ‘‘§ 303. National surface transportation policy 

15 ‘‘(a) POLICY.—It is the policy of the United States 

16 to develop a comprehensive national surface transpor17 tation system that advances the national interest and de18 fense, interstate and foreign commerce, the efficient and 

19 safe interstate mobility of people and goods, and the pro20 tection of the environment. The system shall be built, 

21 maintained, managed, and operated as a partnership be22 tween the Federal, State, and local governments and the 

23 private sector and shall be coordinated with the overall 

24 transportation system of the United States, including the 

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1 tems. The Secretary of Transportation shall be responsible 

2 for carrying out this policy. 

3 ‘‘(b) OBJECTIVES.—The objectives of the policy shall 

4 be to facilitate and advance— 

5 ‘‘(1) the improved accessibility and reduced 

6 travel times for persons and goods within and be7 tween nations, regions, States, and metropolitan 

8 areas; 

9 ‘‘(2) the safety of the public; 

10 ‘‘(3) the security of the Nation and the public; 

11 ‘‘(4) environmental protection; 

12 ‘‘(5) energy conservation and security, including 

13 reducing transportation-related energy use; 

14 ‘‘(6) international and interstate freight move15 ment, trade enhancement, job creation, and eco16 nomic development; 

17 ‘‘(7) responsible planning to address population 

18 distribution and employment and sustainable devel19 opment; 

20 ‘‘(8) the preservation and adequate performance 

21 of system-critical transportation assets, as defined 

22 by the Secretary; 

23 ‘‘(9) reasonable access to the national surface 

24 transportation system for all system users, including 

25 rural communities; 


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1 ‘‘(10) the sustainable and adequate financing of 

2 the national surface transportation system; and 

3 ‘‘(11) innovation in transportation services, in4 frastructure, and technology. 

5 ‘‘(c) GOALS.— 

6 ‘‘(1) SPECIFIC GOALS.—The goals of the policy 

7 shall be— 

8 ‘‘(A) to reduce average per capita peak pe9 riod travel times on an annual basis; 

10 ‘‘(B) to reduce national motor vehicle-re11 lated and truck-related fatalities by 50 percent 

12 by 2030; 

13 ‘‘(C) to reduce national surface transpor14 tation delays per capita on an annual basis; 

15 ‘‘(D) to improve the access to employment 

16 opportunities and other economic activities; 

17 ‘‘(E) to increase the percentage of system18 critical surface transportation assets, as defined 

19 by the Secretary, that are in a state of good re20 pair by 20 percent by 2030; 

21 ‘‘(F) to improve access to public transpor22 tation, intercity passenger rail services, and 

23 non-motorized transportation where travel de24 mand warrants; 


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1 ‘‘(G) to reduce passenger and freight 

2 transportation infrastructure-related delays en3 tering into and out of international points of 

4 entry on an annual basis; 

5 ‘‘(H) to increase travel time reliability on 

6 major freight corridors that connect major pop7 ulation centers to freight generators and inter8 national gateways on an annual basis; 

9 ‘‘(I) to ensure adequate transportation of 

10 domestic energy supplies and promote energy 

11 security; 

12 ‘‘(J) to maintain or reduce the percentage 

13 of gross domestic product consumed by trans14 portation costs; and 

15 ‘‘(K) to reduce transportation-related im16 pacts on the environment and on communities. 

17 ‘‘(2) BASELINES.—Not later than 2 years after 

18 the date of enactment of the Surface Transportation 

19 and Freight Policy Act of 2012, the Secretary shall 

20 develop baselines for the goals and shall determine 

21 appropriate methods of data collection to measure 

22 the attainment of the goals.’’. 

23 (b) FREIGHT POLICY.—Subchapter I of chapter 3 of 

24 title 49, United States Code, as amended by section 


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1 33002(a) of this Act, is amended by adding at the end 

2 the following: 

3 ‘‘§ 312. National freight transportation policy. 

4 ‘‘(a) NATIONAL FREIGHT TRANSPORTATION POL5 ICY.—It is the policy of the United States to improve the 

6 efficiency, operation, and security of the national trans7 portation system to move freight by leveraging invest8 ments and promoting partnerships that advance interstate 

9 and foreign commerce, promote economic competitiveness 

10 and job creation, improve the safe and efficient mobility 

11 of goods, and protect the public health and the environ12 ment. 

13 ‘‘(b) OBJECTIVES.—The objectives of the policy 

14 are— 

15 ‘‘(1) to target investment in freight transpor16 tation projects that strengthen the economic com17 petitiveness of the United States with a focus on do18 mestic industries and businesses and the creation 

19 and retention of high-value jobs; 

20 ‘‘(2) to promote and advance energy conserva21 tion and the environmental sustainability of freight 

22 movements; 

23 ‘‘(3) to facilitate and advance the safety and 

24 health of the public, including communities adjacent 

25 to freight movements; 


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1 ‘‘(4) to provide for systematic and balanced in2 vestment to improve the overall performance and re3 liability of the national transportation system to 

4 move freight, including ensuring trade facilitation 

5 and transportation system improvements are mutu6 ally supportive; 

7 ‘‘(5) to promote partnerships between Federal, 

8 State, and local governments, the private sector, and 

9 other transportation stakeholders to leverage invest10 ments in freight transportation projects; and 

11 ‘‘(6) to encourage adoption of operational poli12 cies, such as intelligent transportation systems, to 

13 improve the efficiency of freight-related transpor14 tation movements and infrastructure.’’. 

15 (c) CONFORMING AMENDMENTS.—The table of con16 tents for chapter 3 of title 49, United States Code, is 

17 amended— 

18 (1) by redesignating the items relating to sec19 tions 304 through 306 as sections 307 through 309, 

20 respectively; 

21 (2) by redesignating the items relating to sec22 tions 308 and 309 as sections 310 and 311, respec23 tively; 


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1 (3) by redesignating the items relating to sec2 tions 303 and 303a as sections 305 and 306, respec3 tively; 

4 (4) by inserting after the item relating to sec5 tion 302 the following: 

‘‘303. National surface transportation policy.’’; and 

6 (5) by inserting after the item relating to sec7 tion 311 the following: 

‘‘312. National freight transportation policy.’’. 

8 SEC. 33003. SURFACE TRANSPORTATION AND FREIGHT 

9 STRATEGIC PLAN. 

10 (a) SURFACE TRANSPORTATION AND FREIGHT STRA11 TEGIC PLAN.—Subchapter I of chapter 3 of title 49, 

12 United States Code, as amended by section 33002 of this 

13 Act, is amended by inserting after section 303 the fol14 lowing— 

15 ‘‘§ 304. National surface transportation and freight 

16 strategic performance plan. 

17 ‘‘(a) DEVELOPMENT.—Not later than 2 years after 

18 the date of enactment of the Surface Transportation and 

19 Freight Policy Act of 2012, the Secretary of Transpor20 tation shall develop and implement a National Surface 

21 Transportation and Freight Performance Plan to achieve 

22 the policy, objectives, and goals set forth in sections 303 

23 and 312. 

24 ‘‘(b) CONTENTS.—The plan shall include— 


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1 ‘‘(1) an assessment of the current performance 

2 of the national surface transportation system and an 

3 analysis of the system’s ability to achieve the policy, 

4 objectives, and goals set forth in sections 303 and 

5 312; 

6 ‘‘(2) an analysis of emerging and long-term pro7 jected trends, including economic and national trade 

8 policies, that will impact the performance, needs, 

9 and uses of the national surface transportation sys10 tem, including the system to move freight; 

11 ‘‘(3) a description of the major challenges to ef12 fectively meeting the policy, objectives, and goals set 

13 forth in sections 303 and 312 and a plan to address 

14 such challenges; 

15 ‘‘(4) a comprehensive strategy and investment 

16 plan to meet the policy, objectives, and goals set 

17 forth in sections 303 and 312, including a strategy 

18 to develop the coalitions, partnerships, and other col19 laborative financing efforts necessary to ensure sta20 ble, reliable funding and completion of freight cor21 ridors and projects; 

22 ‘‘(5) initiatives to improve transportation mod23 eling, research, data collection, and analysis, includ24 ing those to assess impacts on public health, and en25 vironmental conditions; 


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1 ‘‘(6) guidelines to encourage the appropriate 

2 balance of means to finance the national transpor3 tation system to move freight to implement the plan 

4 and the investment plan proposed under paragraph 

5 (4); and 

6 ‘‘(7) a list of priority freight corridors and gate7 ways to be improved and developed to meet the pol8 icy, objectives, and goals set forth in section 312. 

9 ‘‘(c) CONSULTATION.—In developing the plan re10 quired by subsection (a), the Secretary shall— 

11 ‘‘(1) consult with appropriate Federal agencies, 

12 local, State, and tribal governments, public and pri13 vate transportation stakeholders, non-profit organi14 zations representing transportation employees, ap15 propriate foreign governments, and other interested 

16 parties; 

17 ‘‘(2) consider on-going Federal, State, and cor18 ridor-wide transportation plans; 

19 ‘‘(3) provide public notice and hearings and so20 licit public comments on the plan, and 

21 ‘‘(4) as appropriate, establish advisory commit22 tees to assist with developing the plan. 

23 ‘‘(d) SUBMITTAL AND PUBLICATION.—The Secretary 

24 shall— 


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1 ‘‘(1) submit the completed plan to the Com2 mittee on Commerce, Science, and Transportation of 

3 the Senate and the Committee on Transportation 

4 and Infrastructure of the House of Representatives; 

5 and 

6 ‘‘(2) post the completed plan on the Depart7 ment of Transportation’s public web site. 

8 ‘‘(e) PROGRESS REPORTS.—The Secretary shall sub9 mit biennial progress reports on the implementation of the 

10 plan beginning 2 years after the date of submittal of the 

11 plan under subsection (d)(1). Each progress report shall— 

12 ‘‘(1) describe progress made toward fully imple13 menting the plan and achieving the policies, objec14 tives, and goals established under sections 303 and 

15 312; 

16 ‘‘(2) describe challenges and obstacles to full 

17 implementation; 

18 ‘‘(3) describe updates to the plan necessary to 

19 reflect changed circumstances or new developments; 

20 and 

21 ‘‘(4) make policy and legislative recommenda22 tions the Secretary believes are necessary and appro23 priate to fully implement the plan. 

24 ‘‘(f) DATA.—The Secretary shall have the authority 

25 to conduct studies, gather information, and require the 


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1 production of data necessary to develop or update this 

2 plan, consistent with Federal privacy standards. 

3 ‘‘(g) IMPLEMENTATION.—The Secretary shall— 

4 ‘‘(1) develop appropriate performance criteria 

5 and data collections systems for each Federal sur6 face transportation program consistent with this 

7 chapter and the Secretary’s statutory authority with8 in these programs to evaluate: 

9 ‘‘(A) whether such programs are consistent 

10 with the policy, objectives, and goals established 

11 by sections 303 and 312; and 

12 ‘‘(B) how effective such programs are in 

13 contributing to the achievement of the policy, 

14 objectives, and goals established by sections 303 

15 and 312; 

16 ‘‘(2) using the criteria developed under para17 graph (1), periodically evaluate each such program 

18 and provide the results to the public; 

19 ‘‘(3) based on the evaluation performed under 

20 paragraph (2), make any necessary changes or im21 provements to such programs to ensure such consist22 ency and effectiveness consistent with the Sec23 retary’s statutory authority within these programs; 


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1 ‘‘(4) implement this section in a manner that is 

2 consistent with sections 302, 5301, 5503, 10101, 

3 and 13101 of this title and section 101 of title 23; 

4 ‘‘(5) review all relevant surface transportation 

5 planning requirements to determine whether such re6 gional, State, and local surface transportation plan7 ning efforts funded with Federal funds are con8 sistent with the policy, objectives, and goals estab9 lished by this section; and 

10 ‘‘(6) require States and metropolitan planning 

11 organizations to report on the use of Federal surface 

12 transportation funds, consistent with ongoing report13 ing requirements, to provide the Secretary with suf14 ficient information to determine— 

15 ‘‘(A) which projects and priorities were 

16 funded with such funds; 

17 ‘‘(B) the rationale and method employed 

18 for apportioning such funds to the projects and 

19 priorities; and 

20 ‘‘(C) how the obligation of such funds is 

21 consistent with or advances the policy, objec22 tives, and goals established by sections 303 and 

23 312 and the statutory sections referenced in 

24 paragraph (4).’’. 


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1 (b) CONFORMING AMENDMENT.—The table of con2 tents for chapter 3 of title 49, United States Code, is 

3 amended by inserting after the item relating to section 

4 303 the following: 

‘‘304. National surface transportation and freight strategic performance plan.’’. 

5 SEC. 33004. TRANSPORTATION INVESTMENT DATA AND 

6 PLANNING TOOLS. 

7 (a) IN GENERAL.—Not later than 2 years after the 

8 date of enactment of this Act, the Secretary shall— 

9 (1) develop new tools or improve existing tools 

10 to support an outcome-oriented, performance-based 

11 approach to evaluate proposed freight-related and 

12 other surface transportation projects. These new or 

13 improved tools shall include— 

14 (A) a systematic cost-benefit analysis that 

15 supports a valuation of modal alternatives; 

16 (B) an evaluation of external effects on 

17 congestion, pollution, the environment, and the 

18 public health; and 

19 (C) other elements to assist in effective 

20 transportation planning; and 

21 (2) facilitate the collection of transportation-re22 lated data to support a broad range of evaluation 

23 methods and techniques such as demand forecasts, 

24 modal diversion forecasts, estimates of the effect of 

25 proposed investments on congestion, pollution, public 


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1 health, and other factors, to assist in making trans2 portation investment decisions. At a minimum, the 

3 Secretary, in consultation with other relevant Fed4 eral agencies, shall consider any improvements to 

5 the Commodity Flow Survey that reduce identified 

6 freight data gaps and deficiencies and help evaluate 

7 forecasts of transportation demand. 

8 (b) CONSULTATION.—To the extent practicable, the 

9 Secretary shall consult with Federal, State, and local 

10 transportation planners to develop, improve, and imple11 ment the tools and collect the data under subsection (a). 

12 (c) ESTABLISHMENT OF PILOT PROGRAM.— 

13 (1) ESTABLISHMENT.—To assist in the develop14 ment of tools under subsection (a) and to inform the 

15 National Surface Transportation and Freight Per16 formance Plan required by section 304 of title 49, 

17 United States Code, the Secretary shall establish a 

18 pilot program under which the Secretary shall con19 duct case studies of States and metropolitan plan20 ning organizations that are designed— 

21 (A) to provide more detailed, in-depth 

22 analysis and data collection with respect to 

23 transportation programs; and 

24 (B) to apply rigorous methods of meas25 uring and addressing the effectiveness of proVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01285 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 gram participants in achieving national trans2 portation goals. 

3 (2) PRELIMINARY REQUIREMENTS.— 

4 (A) SOLICITATION.—The Secretary shall 

5 solicit applications to participate in the pilot 

6 program from States and metropolitan planning 

7 organizations. 

8 (B) NOTIFICATION.—A State or metropoli9 tan planning organization that desires to par10 ticipate in the pilot program shall notify the 

11 Secretary of such desire before a date deter12 mined by the Secretary. 

13 (C) SELECTION.— 

14 (i) NUMBER OF PROGRAM PARTICI15 PANTS.—The Secretary shall select to par16 ticipate in the pilot program— 

17 (I) not fewer than 3, and not 

18 more than 5, States; and 

19 (II) not fewer than 3, and not 

20 more than 5, metropolitan planning 

21 organizations. 

22 (ii) TIMING.—The Secretary shall se23 lect program participants not later than 3 

24 months after the date of enactment of this 

25 Act. 


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1 (iii) DIVERSITY OF PROGRAM PARTICI2 PANTS.—The Secretary shall, to the extent 

3 practicable, select program participants 

4 that represent a broad range of geographic 

5 and demographic areas (including rural 

6 and urban areas) and types of transpor7 tation programs. 

8 (d) CASE STUDIES.— 

9 (1) BASELINE REPORT.—Not later than 6 

10 months after the date of enactment of this Act, each 

11 program participant shall submit to the Secretary a 

12 baseline report that— 

13 (A) describes the reporting and data collec14 tion processes of the program participant for 

15 transportation investments that are in effect on 

16 the date of the report; 

17 (B) assesses how effective the program 

18 participant is in achieving the national surface 

19 transportation goals in section 303 of title 49, 

20 United States Code; 

21 (C) describes potential improvements to 

22 the methods and metrics used to measure the 

23 effectiveness of the program participant in 

24 achieving national surface transportation goals 

25 in section 303 of title 49, United States Code, 


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1 and the challenges to implementing such im2 provements; and 

3 (D) includes an assessment of whether, 

4 and specific reasons why, the preparation and 

5 submission of the baseline report may be lim6 ited, incomplete, or unduly burdensome, includ7 ing any recommendations for facilitating the 

8 preparation and submission of similar reports 

9 in the future. 

10 (2) EVALUATION.—Each program participant 

11 shall work cooperatively with the Secretary to evalu12 ate the methods and metrics used to measure the ef13 fectiveness of the program participant in achieving 

14 national surface transportation goals in section 303 

15 of title 49, United States Code, including— 

16 (A) by considering the degree to which 

17 such methods and metrics take into account— 

18 (i) the factors that influence the effec19 tiveness of the program participant in 

20 achieving the national surface transpor21 tation goals; 

22 (ii) all modes of transportation; and 

23 (iii) the transportation program as a 

24 whole, rather than individual projects with25 in the transportation program; and 


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1 (B) by identifying steps that could be used 

2 to implement the potential improvements identi3 fied under paragraph (1)(C). 

4 (3) FINAL REPORT.—Not later than 18 months 

5 after the date of enactment of this section, each pro6 gram participant shall submit to the Secretary a 

7 comprehensive final report that— 

8 (A) contains an updated assessment of the 

9 effectiveness of the program participant in 

10 achieving national surface transportation goals 

11 under section 303 of title 49, United States 

12 Code; and 

13 (B) describes the ways in which the per14 formance of the program participant in col15 lecting and reporting data and carrying out the 

16 transportation program of the program partici17 pant has improved or otherwise changed since 

18 the date of submission of the baseline report 

19 under subparagraph (A). 

20 SEC. 33005. PORT INFRASTRUCTURE DEVELOPMENT INI21 TIATIVE. 

22 Section 50302(c)(3)(C) of title 46, United States 

23 Code, is amended to read as follows: 

24 ‘‘(C) TRANSFERS.—Amounts appropriated 

25 or otherwise made available for any fiscal year 


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1 for a marine facility or intermodal facility that 

2 includes maritime transportation may be trans3 ferred, at the option of the recipient of such 

4 amounts, to the Fund and administered by the 

5 Administrator as a component of a project 

6 under the program.’’. 

7 SEC. 33006. SAFETY FOR MOTORIZED AND NONMOTORIZED 

8 USERS. 

9 (a) IN GENERAL.—Chapter 4 of title 23, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 413. Safety for motorized and nonmotorized users 

13 ‘‘(a) IN GENERAL.—Not later than 2 years after the 

14 date of enactment of the Surface Transportation and 

15 Freight Policy Act of 2012, subject to subsection (b), the 

16 Secretary shall establish standards to ensure that the de17 sign of Federal surface transportation projects provides 

18 for the safe and adequate accommodation, in all phases 

19 of project planning, development, and operation, of all 

20 users of the transportation network, including motorized 

21 and nonmotorized users. 

22 ‘‘(b) WAIVER FOR STATE LAW OR POLICY.—The Sec23 retary may waive the application of standards established 

24 under subsection (a) to a State that has adopted a law 

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1 modation as certified by the State (or other grantee), in 

2 all phases of project planning and development, of users 

3 of the transportation network on federally funded surface 

4 transportation projects, as determined by the Secretary. 

5 ‘‘(c) COMPLIANCE.— 

6 ‘‘(1) IN GENERAL.—Each State department of 

7 transportation shall submit to the Secretary, at such 

8 time, in such manner, and containing such informa9 tion as the Secretary shall require, a report describ10 ing the implementation by the State of measures to 

11 achieve compliance with this section. 

12 ‘‘(2) DETERMINATION BY SECRETARY.—On re13 ceipt of a report under paragraph (1), the Secretary 

14 shall determine whether the applicable State has 

15 achieved compliance with this section.’’. 

16 (b) CONFORMING AMENDMENT.—The analysis for 

17 chapter 4 of title 23, United States Code, is amended by 

18 adding at the end the following: 

‘‘413. Safety for motorized and nonmotorized users.’’. 

19 SEC. 33007. BUY AMERICA WAIVER REQUIREMENTS. 

20 (a) NOTICE AND COMMENT OPPORTUNITIES.— 

21 (1) IN GENERAL.—If the Secretary receives a 

22 request for a waiver under section 313(b) of title 23, 

23 United States Code, or under section 24305(f)(4) or 

24 24405(a)(2) of title 49, United States Code, the 

25 Secretary shall provide notice of, and an opportunity 


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1 for public comment on, the request not later than 15 

2 days before making a finding based on such request. 

3 (2) NOTICE REQUIREMENTS.—Each notice pro4 vided under paragraph (1)— 

5 (A) shall include the information available 

6 to the Secretary concerning the request, includ7 ing the requestor’s justification for such re8 quest; and 

9 (B) shall be provided electronically, includ10 ing on the official public Internet website of the 

11 Department. 

12 (3) PUBLICATION OF DETAILED JUSTIFICA13 TION.—If the Secretary issues a waiver pursuant to 

14 the authority granted under a provision referenced 

15 in paragraph (1), the Secretary shall publish, in the 

16 Federal Register, a detailed justification for the 

17 waiver that— 

18 (A) addresses the public comments re19 ceived under paragraph (1); and 

20 (B) is published before the waiver takes ef21 fect. 

22 (b) CONSISTENCY WITH INTERNATIONAL AGREE23 MENTS.—This section shall be applied in a manner that 

24 is consistent with United States obligations under relevant 

25 international agreements. 


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1 (c) REVIEW OF NATIONWIDE WAIVERS.—Not later 

2 than 1 year after the date of the enactment of the Moving 

3 Ahead for Progress in the 21st Century Act, and at least 

4 once every 5 years thereafter, the Secretary shall review 

5 each standing nationwide waiver issued pursuant to the 

6 authority granted under any of the provisions referenced 

7 in paragraph (1) to determine whether continuing such 

8 waiver is necessary. 

9 (d) BUY AMERICA REPORTING.—Section 308 of title 

10 49, United States Code, is amended by inserting after sub11 section (c) the following: 

12 ‘‘(d) Not later than February 1, 2013, and annually 

13 thereafter, the Secretary shall submit a report to Congress 

14 that— 

15 ‘‘(1) specifies each highway, public transpor16 tation, or railroad project for which the Secretary 

17 issued a waiver from a Buy America requirement 

18 pursuant to the authority granted under section 

19 313(b) of title 23, United States Code, or under sec20 tion 24305(f)(4) or 24405(a)(2) of title 49, United 

21 States Code, during the preceding calendar year; 

22 ‘‘(2) identifies the country of origin and product 

23 specifications for the steel, iron, or manufactured 

24 goods acquired pursuant to each of the waivers spec25 ified under paragraph (1); and 


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1 ‘‘(3) summarizes the monetary value of con2 tracts awarded pursuant to each such waiver.’’. 

3 SEC. 33008. MAKE IT IN AMERICA INITIATIVE. 

4 (a) MEMORANDUM OF AGREEMENT.—The term 

5 ‘‘Memorandum of Agreement’’ means the August 2011 

6 Memorandum of Agreement between the Department of 

7 Transportation and the Department of Commerce entitled 

8 ‘‘Development of a Domestic Supply Base for Intermodal 

9 Transportation in the U.S.’’. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that collaboration between the Department of Trans12 portation and the Department of Commerce can signifi13 cantly improve the scope and depth of the domestic supply 

14 base for transportation infrastructure, particularly for 

15 small businesses in the United States. 

16 (c) IMPLEMENTATION.— 

17 (1) IN GENERAL.—The Secretary of Transpor18 tation and the Secretary of Commerce shall 

19 prioritize the implementation of the Memorandum of 

20 Agreement. 

21 (2) SAVINGS PROVISION.—The requirement 

22 under paragraph (1) may not be construed to re23 quire the expenditure of additional funds. 


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1 SEC. 33009. CAPACITY-BUILDING FOR NATURAL DISASTERS 

2 AND EXTREME WEATHER. 

3 (a) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) EXTREME WEATHER.—The term ‘‘extreme 

6 weather’’ includes severe or unseasonable weather, 

7 heavy precipitation, a storm surge, flooding, 

8 drought, windstorms (including hurricanes, torna9 does, and associated storm surges), extreme heat, 

10 and extreme cold. 

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

12 the Secretary of Transportation, in consultation 

13 with— 

14 (A) the Director of the National Institute 

15 of Standards and Technology; 

16 (B) the Administrator of the Federal 

17 Emergency Management Agency; and 

18 (C) as appropriate— 

19 (i) the Administrator of the National 

20 Oceanic and Atmospheric Administration; 

21 (ii) the Director of the United States 

22 Geological Survey; 

23 (iii) the Administrator of the National 

24 Aeronautics and Space Administration; 

25 (iv) the Administrator of the Environ26 mental Protection Agency; and 


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1 (v) the heads of other Federal agen2 cies. 

3 (b) DATA.—The Secretary shall determine and pro4 vide to transportation planners appropriate data on the 

5 impact on infrastructure of natural disasters and a higher 

6 frequency of extreme weather. 

7 (c) TRANSPORTATION INFRASTRUCTURE.— 

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

9 guidance and establish design standards for trans10 portation infrastructure to help States, metropolitan 

11 planning organizations, and local governments plan 

12 for natural disasters and a greater frequency of ex13 treme weather events in the process of planning, 

14 siting, designing, and developing transportation in15 frastructure by assessing vulnerabilities to a chang16 ing climate and the costs and benefits of adaptation 

17 measures (including economic, social, and environ18 mental costs and benefits). 

19 (2) COORDINATION.—If appropriate, guidance 

20 and design standards under paragraph (1) shall, to 

21 the maximum extent practicable, be carried out 

22 through the coordination mechanism provided 

23 under— 

24 (A) the National Windstorm Impact Re25 duction Program established under section 204 


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1 of the National Windstorm Impact Reduction 

2 Act of 2004 (42 U.S.C. 15703); and 

3 (B) the National Earthquake Hazard Re4 duction Program established under section 5 of 

5 the Earthquake Hazards Reduction Act of 1977 

6 (42 U.S.C. 7704). 

7 SEC. 33010. TOLL FAIRNESS STUDY. 

8 (a) REVIEW.—As soon as practicable after the date 

9 of the enactment of this Act, the Comptroller General of 

10 the United States shall conduct a review of toll rate set11 ting practices by selected interstate tolling authorities— 

12 (1) over any bridge constructed under the Act 

13 of March 23, 1906 (33 U.S.C. 491 et seq.) (com14 monly known as the Bridge Act of 1906), the Gen15 eral Bridge Act of 1946 (33 U.S.C. 525 et seq.), or 

16 the International Bridge Act of 1972 (33 U.S.C. 

17 535 et seq.); and 

18 (2) over or through any bridge or tunnel con19 structed on a Federal-aid highway (as defined in 

20 section 101(a) of title 23, United States Code). 

21 (b) EVALUATION.—The review under subsection (a) 

22 shall include an evaluation of— 

23 (1) the extent to which the use of tolling rev24 enue by interstate authorities is consistent with their 

25 mandates; and 


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1 (2) the transparency and accountability of the 

2 funding and management decisions by those authori3 ties. 

4 (c) REPORT TO CONGRESS.—The Comptroller Gen5 eral of the United States shall submit a report to the Com6 mittee on Commerce, Science, and Transportation of the 

7 Senate and the Committee on Transportation and Infra8 structure of the House of Representatives that contains— 

9 (1) the results of the review conducted under 

10 this section; and 

11 (2) any appropriate recommendations. 

12 TITLE IV—HAZARDOUS MATE13 RIALS TRANSPORTATION 

14 SAFETY IMPROVEMENT ACT 

15 OF 2012 

16 SEC. 34001. SHORT TITLE. 

17 This title may be cited as the ‘‘Hazardous Materials 

18 Transportation Safety Improvement Act of 2012’’. 

19 SEC. 34002. DEFINITION. 

20 In this title, the term ‘‘Secretary’’ means the Sec21 retary of Transportation. 

22 SEC. 34003. REFERENCES TO TITLE 49, UNITED STATES 

23 CODE. 

24 Except as otherwise expressly provided, whenever in 

25 this title an amendment or repeal is expressed in terms 


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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a 

3 section or other provision of title 49, United States Code. 

4 SEC. 34004. TRAINING FOR EMERGENCY RESPONDERS. 

5 (a) TRAINING CURRICULUM.—Section 5115 is 

6 amended— 

7 (1) in subsection (b)(1)(B), by striking ‘‘basic’’; 

8 (2) in subsection (b)(2), by striking ‘‘basic’’; 

9 and 

10 (3) in subsection (c), by striking ‘‘basic’’. 

11 (b) OPERATIONS LEVEL TRAINING.—Section 5116 is 

12 amended— 

13 (1) in subsection (b)(1), by adding at the end 

14 the following: ‘‘To the extent that a grant is used to 

15 train emergency responders, the State or Indian 

16 tribe shall provide written certification to the Sec17 retary that the emergency responders who receive 

18 training under the grant will have the ability to pro19 tect nearby persons, property, and the environment 

20 from the effects of accidents or incidents involving 

21 the transportation of hazardous material in accord22 ance with existing regulations or National Fire Pro23 tection Association standards for competence of re24 sponders to hazardous materials.’’; 

25 (2) in subsection (j)— 


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1 (A) by redesignating paragraph (5) as 

2 paragraph (7); and 

3 (B) by inserting after paragraph (4) the 

4 following: 

5 ‘‘(5) The Secretary may not award a grant to 

6 an organization under this subsection unless the or7 ganization ensures that emergency responders who 

8 receive training under the grant will have the ability 

9 to protect nearby persons, property, and the environ10 ment from the effects of accidents or incidents in11 volving the transportation of hazardous material in 

12 accordance with existing regulations or National 

13 Fire Protection Association standards for com14 petence of responders to hazardous materials. 

15 ‘‘(6) Notwithstanding paragraphs (1) and (3), 

16 to the extent determined appropriate by the Sec17 retary, a grant awarded by the Secretary to an orga18 nization under this subsection to conduct hazardous 

19 material response training programs may be used to 

20 train individuals with responsibility to respond to ac21 cidents and incidents involving hazardous material.’’; 

22 and 

23 (3) in subsection (k)— 

24 (A) by striking ‘‘annually’’ and inserting 

25 ‘‘an annual report’’; 


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1 (B) by inserting ‘‘the report’’ after ‘‘make 

2 available’’; 

3 (C) by striking ‘‘information’’ and insert4 ing ‘‘. The report submitted under this sub5 section shall include information’’; and 

6 (D) by striking ‘‘The report shall identify’’ 

7 and all that follows and inserting the following: 

8 ‘‘The report submitted under this subsection 

9 shall identify the ultimate recipients of such 

10 grants and include— 

11 ‘‘(A) a detailed accounting and description 

12 of each grant expenditure by each grant recipi13 ent, including the amount of, and purpose for, 

14 each expenditure; 

15 ‘‘(B) the number of persons trained under 

16 the grant program, by training level; 

17 ‘‘(C) an evaluation of the efficacy of such 

18 planning and training programs; and 

19 ‘‘(D) any recommendations the Secretary 

20 may have for improving such grant programs.’’. 

21 SEC. 34005. PAPERLESS HAZARD COMMUNICATIONS PILOT 

22 PROGRAM. 

23 (a) IN GENERAL.—The Secretary may conduct pilot 

24 projects to evaluate the feasibility and effectiveness of 

25 using paperless hazard communications systems. At least 


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1 1 of the pilot projects under this section shall take place 

2 in a rural area. 

3 (b) REQUIREMENTS.—In conducting pilot projects 

4 under this section, the Secretary— 

5 (1) may not waive the requirements under sec6 tion 5110 of title 49, United States Code; and 

7 (2) shall consult with organizations rep8 resenting— 

9 (A) fire services personnel; 

10 (B) law enforcement and other appropriate 

11 enforcement personnel; 

12 (C) other emergency response providers; 

13 (D) persons who offer hazardous material 

14 for transportation; 

15 (E) persons who transport hazardous ma16 terial by air, highway, rail, and water; and 

17 (F) employees of persons who transport or 

18 offer for transportation hazardous material by 

19 air, highway, rail, and water. 

20 (c) REPORT.—Not later than 2 years after the date 

21 of the enactment of this Act, the Secretary shall— 

22 (1) prepare a report on the results of the pilot 

23 projects carried out under this section, including— 

24 (A) a detailed description of the pilot 

25 projects; 


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1 (B) an evaluation of each pilot project, in2 cluding an evaluation of the performance of 

3 each paperless hazard communications system 

4 in such project; 

5 (C) an assessment of the safety and secu6 rity impact of using paperless hazard commu7 nications systems, including any impact on the 

8 public, emergency response, law enforcement, 

9 and the conduct of inspections and investiga10 tions; and 

11 (D) a recommendation on whether 

12 paperless hazard communications systems 

13 should be permanently incorporated into the 

14 Federal hazardous material transportation safe15 ty program under chapter 51 of title 49, United 

16 States Code; and 

17 (2) submit a final report to the Committee on 

18 Commerce, Science, and Transportation of the Sen19 ate and the Committee on Transportation and Infra20 structure of the House of Representatives that con21 tains the results of the pilot projects carried out 

22 under this section, including the matters described 

23 in paragraph (1). 

24 (d) PAPERLESS HAZARD COMMUNICATIONS SYSTEM

25 DEFINED.—In this section, the term ‘‘paperless hazard 


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1 communications system’’ means the use of advanced com2 munications methods, such as wireless communications 

3 devices, to convey hazard information between all parties 

4 in the transportation chain, including emergency respond5 ers and law enforcement personnel. The format of commu6 nication may be equivalent to that used by the carrier. 

7 SEC. 34006. IMPROVING DATA COLLECTION, ANALYSIS, AND 

8 REPORTING. 

9 (a) ASSESSMENT.— 

10 (1) IN GENERAL.—Not later than 6 months 

11 after the date of the enactment of this Act, the Sec12 retary, in coordination with the Secretary of Home13 land Security, as appropriate, shall conduct an as14 sessment to improve the collection, analysis, report15 ing, and use of data related to accidents and inci16 dents involving the transportation of hazardous ma17 terial. 

18 (2) REVIEW.—The assessment conducted under 

19 this subsection shall review the methods used by the 

20 Pipeline and Hazardous Materials Safety Adminis21 tration (referred to in this section as the ‘‘Adminis22 tration’’) for collecting, analyzing, and reporting ac23 cidents and incidents involving the transportation of 

24 hazardous material, including the adequacy of— 


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1 (A) information requested on the accident 

2 and incident reporting forms required to be 

3 submitted to the Administration; 

4 (B) methods used by the Administration to 

5 verify that the information provided on such 

6 forms is accurate and complete; 

7 (C) accident and incident reporting re8 quirements, including whether such require9 ments should be expanded to include shippers 

10 and consignees of hazardous materials; 

11 (D) resources of the Administration related 

12 to data collection, analysis, and reporting, in13 cluding staff and information technology; and 

14 (E) the database used by the Administra15 tion for recording and reporting such accidents 

16 and incidents, including the ability of users to 

17 adequately search the database and find infor18 mation. 

19 (b) DEVELOPMENT OF ACTION PLAN.—Not later 

20 than 9 months after the date of the enactment of this Act, 

21 the Secretary shall develop an action plan and timeline 

22 for improving the collection, analysis, reporting, and use 

23 of data by the Administration, including revising the data24 base of the Administration, as appropriate. 


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1 (c) SUBMISSION TO CONGRESS.—Not later than 15 

2 days after the completion of the action plan and timeline 

3 under subsection (c), the Secretary shall submit the action 

4 plan and timeline to the Committee on Commerce, 

5 Science, and Transportation of the Senate and the Com6 mittee on Transportation and Infrastructure of the House 

7 of Representatives. 

8 (d) REPORTING REQUIREMENTS.—Section 

9 5125(b)(1)(D) is amended by inserting ‘‘and other haz10 ardous materials transportation incident reporting to the 

11 9–1–1 emergency system or involving State or local emer12 gency responders in the initial response to the incident’’ 

13 before the period at the end. 

14 SEC. 34007. LOADING AND UNLOADING OF HAZARDOUS MA15 TERIALS. 

16 (a) RULEMAKING.—Not later than 2 years after date 

17 of the enactment of this Act, the Secretary, after consulta18 tion with the Department of Labor and the Environmental 

19 Protection Agency, as appropriate, and after providing no20 tice and an opportunity for public comment shall prescribe 

21 regulations establishing uniform procedures among facili22 ties for the safe loading and unloading of hazardous mate23 rials on and off tank cars and cargo tank trucks. 


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1 (b) INCLUSION.—The regulations prescribed under 

2 subsection (a) may include procedures for equipment in3 spection, personnel protection, and necessary safeguards. 

4 (c) CONSIDERATION.—In prescribing regulations 

5 under subsection (a), the Secretary shall give due consid6 eration to carrier rules and procedures that produce an 

7 equivalent level of safety. 

8 SEC. 34008. HAZARDOUS MATERIAL TECHNICAL ASSESS9 MENT, RESEARCH AND DEVELOPMENT, AND 

10 ANALYSIS PROGRAM. 

11 (a) IN GENERAL.—Chapter 51 is amended by insert12 ing after section 5117 the following: 

13 ‘‘§ 5118. Hazardous material technical assessment, re14 search and development, and analysis 

15 program 

16 ‘‘(a) RISK REDUCTION.— 

17 ‘‘(1) PROGRAM AUTHORIZED.—The Secretary of 

18 Transportation may develop and implement a haz19 ardous material technical assessment, research and 

20 development, and analysis program for the purpose 

21 of— 

22 ‘‘(A) reducing the risks associated with the 

23 transportation of hazardous material; and 


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1 ‘‘(B) identifying and evaluating new tech2 nologies to facilitate the safe, secure, and effi3 cient transportation of hazardous material. 

4 ‘‘(2) COORDINATION.—In developing the pro5 gram under paragraph (1), the Secretary shall— 

6 ‘‘(A) utilize information gathered from 

7 other modal administrations with similar pro8 grams; and 

9 ‘‘(B) coordinate with other modal adminis10 trations, as appropriate. 

11 ‘‘(b) COOPERATION.—In carrying out subsection (a), 

12 the Secretary may work cooperatively with regulated and 

13 other entities, including shippers, carriers, emergency re14 sponders, State and local officials, and academic institu15 tions.’’. 

16 (b) CONFORMING AMENDMENT.—The chapter anal17 ysis for chapter 51 is amended by inserting after the item 

18 relating to section 5117 the following: 

‘‘5118. Hazardous material technical assessment, research and development, and 

analysis program.’’. 

19 SEC. 34009. HAZARDOUS MATERIAL ENFORCEMENT TRAIN20 ING PROGRAM. 

21 (a) IN GENERAL.—The Secretary shall establish a 

22 multimodal hazardous material enforcement training pro23 gram for government hazardous materials inspectors and 

24 investigators— 


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1 (1) to develop uniform performance standards 

2 for training hazardous material inspectors and inves3 tigators; and 

4 (2) to train hazardous material inspectors and 

5 investigators on— 

6 (A) how to collect, analyze, and publish 

7 findings from inspections and investigations of 

8 accidents or incidents involving the transpor9 tation of hazardous material; and 

10 (B) how to identify noncompliance with 

11 regulations issued under chapter 51 of title 49, 

12 United States Code, and take appropriate en13 forcement action. 

14 (b) STANDARDS AND GUIDELINES.—Under the pro15 gram established under this section, the Secretary may de16 velop— 

17 (1) guidelines for hazardous material inspector 

18 and investigator qualifications; 

19 (2) best practices and standards for hazardous 

20 material inspector and investigator training pro21 grams; and 

22 (3) standard protocols to coordinate investiga23 tion efforts among Federal, State, and local jurisdic24 tions on accidents or incidents involving the trans25 portation of hazardous material. 


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1 (c) AVAILABILITY.—The standards, protocols, and 

2 findings of the program established under this section— 

3 (1) shall be mandatory for— 

4 (A) the Department of Transportation’s 

5 multimodal personnel conducting hazardous 

6 material enforcement inspections or investiga7 tions; and 

8 (B) State employees who conduct federally 

9 funded compliance reviews, inspections, or in10 vestigations; and 

11 (2) shall be made available to Federal, State, 

12 and local hazardous materials safety enforcement 

13 personnel. 

14 SEC. 34010. INSPECTIONS. 

15 (a) NOTICE OF ENFORCEMENT MEASURES.—Section 

16 5121(c)(1) is amended— 

17 (1) in subparagraph (E), by striking ‘‘and’’ at 

18 the end; 

19 (2) in subparagraph (F), by striking the period 

20 at the end and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(G) shall provide to the affected offeror, 

23 carrier, packaging manufacturer or tester, or 

24 other person responsible for the package rea25 sonable notice of— 


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1 ‘‘(i) his or her decision to exercise his 

2 or her authority under paragraph (1); 

3 ‘‘(ii) any findings made; and 

4 ‘‘(iii) any actions being taken as a re5 sult of a finding of noncompliance.’’. 

6 (b) REGULATIONS.—Section 5121(e) is amended by 

7 adding at the end the following: 

8 ‘‘(3) MATTERS TO BE ADDRESSED.—The regu9 lations issued under this subsection shall address— 

10 ‘‘(A) the safe and expeditious resumption 

11 of transportation of perishable hazardous mate12 rial, including radiopharmaceuticals and other 

13 medical products, that may require timely deliv14 ery due to life-threatening situations; 

15 ‘‘(B) the means by which— 

16 ‘‘(i) noncompliant packages that 

17 present an imminent hazard are placed 

18 out-of-service until the condition is cor19 rected; and 

20 ‘‘(ii) noncompliant packages that do 

21 not present a hazard are moved to their 

22 final destination; 

23 ‘‘(C) appropriate training and equipment 

24 for inspectors; and 


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1 ‘‘(D) the proper closure of packaging in 

2 accordance with the hazardous material regula3 tions.’’. 

4 (c) GRANTS AND COOPERATIVE AGREEMENTS.—Sec5 tion 5121(g)(1) is amended by inserting ‘‘safety and’’ be6 fore ‘‘security’’. 

7 SEC. 34011. CIVIL PENALTIES. 

8 Section 5123 is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (1), by striking 

11 ‘‘$50,000’’ and inserting ‘‘$75,000’’; and 

12 (B) in paragraph (2), by striking 

13 ‘‘$100,000’’ and inserting ‘‘$175,000’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(h) PENALTY FOR OBSTRUCTION OF INSPECTIONS

16 AND INVESTIGATIONS.—The Secretary may impose a pen17 alty on a person who obstructs or prevents the Secretary 

18 from carrying out inspections or investigations under sub19 section (c) or (i) of section 5121. 

20 ‘‘(i) PROHIBITION ON HAZARDOUS MATERIAL OPER21 ATIONS AFTER NONPAYMENT OF PENALTIES.— 

22 ‘‘(1) IN GENERAL.—Except as provided under 

23 paragraph (2), a person subject to the jurisdiction of 

24 the Secretary under this chapter who fails to pay a 

25 civil penalty assessed under this chapter, or fails to 


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1 arrange and abide by an acceptable payment plan 

2 for such civil penalty, may not conduct any activity 

3 regulated under this chapter beginning on the 91st 

4 day after the date specified by order of the Secretary 

5 for payment of such penalty unless the person has 

6 filed a formal administrative or judicial appeal of the 

7 penalty. 

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

9 apply to any person who is unable to pay a civil pen10 alty because such person is a debtor in a case under 

11 chapter 11 of title 11. 

12 ‘‘(3) RULEMAKING.—Not later than 2 years 

13 after the date of the enactment of this subsection, 

14 the Secretary, after providing notice and an oppor15 tunity for public comment, shall issue regulations 

16 that— 

17 ‘‘(A) set forth procedures to require a per18 son who is delinquent in paying civil penalties 

19 to cease any activity regulated under this chap20 ter until payment has been made or an accept21 able payment plan has been arranged; and 

22 ‘‘(B) ensures that the person described in 

23 subparagraph (A)— 

24 ‘‘(i) is notified in writing; and 


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1 ‘‘(ii) is given an opportunity to re2 spond before the person is required to 

3 cease the activity.’’. 

4 SEC. 34012. REPORTING OF FEES. 

5 Section 5125(f)(2) is amended by striking ‘‘, upon 

6 the Secretary’s request,’’ and inserting ‘‘biennially’’. 

7 SEC. 34013. SPECIAL PERMITS, APPROVALS, AND EXCLU8 SIONS. 

9 (a) IN GENERAL.—Section 5117 is amended to read 

10 as follows: 

11 ‘‘§ 5117. Special permits, approvals, and exclusions 

12 ‘‘(a) AUTHORITY TO ISSUE SPECIAL PERMITS.— 

13 ‘‘(1) CONDITIONS.—The Secretary of Transpor14 tation may issue, modify, or terminate a special per15 mit implementing new technologies or authorizing a 

16 variance from a provision under this chapter or a 

17 regulation prescribed under section 5103(b), 5104, 

18 5110, or 5112 to a person performing a function 

19 regulated by the Secretary under section 5103(b)(1) 

20 to achieve— 

21 ‘‘(A) a safety level at least equal to the 

22 safety level required under this chapter; or 

23 ‘‘(B) a safety level consistent with the pub24 lic interest and this chapter, if a required safety 

25 level does not exist. 


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1 ‘‘(2) FINDINGS REQUIRED.— 

2 ‘‘(A) IN GENERAL.—Before issuing, renew3 ing, or modifying a special permit or granting 

4 party status to a special permit, the Secretary 

5 shall determine that the person is fit to conduct 

6 the activity authorized by such permit in a 

7 manner that achieves the level of safety re8 quired under paragraph (1). 

9 ‘‘(B) CONSIDERATIONS.—In making the 

10 determination under subparagraph (A), the 

11 Secretary shall consider— 

12 ‘‘(i) the person’s safety history (in13 cluding prior compliance history); 

14 ‘‘(ii) the person’s accident and inci15 dent history; and 

16 ‘‘(iii) any other information the Sec17 retary considers appropriate to make such 

18 a determination. 

19 ‘‘(3) EFFECTIVE PERIOD.—A special permit 

20 issued under this section— 

21 ‘‘(A) shall be for an initial period of not 

22 more than 2 years; 

23 ‘‘(B) may be renewed by the Secretary 

24 upon application— 


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1 ‘‘(i) for successive periods of not more 

2 than 4 years each; or 

3 ‘‘(ii) in the case of a special permit re4 lating to section 5112, for an additional 

5 period of not more than 2 years. 

6 ‘‘(b) APPLICATIONS.— 

7 ‘‘(1) REQUIRED DOCUMENTATION.—When ap8 plying for a special permit or the renewal or modi9 fication of a special permit or requesting party sta10 tus to a special permit under this section, the Sec11 retary shall require the person to submit an applica12 tion that contains— 

13 ‘‘(A) a detailed description of the person’s 

14 request; 

15 ‘‘(B) a listing of the person’s current facili16 ties and addresses where the special permit will 

17 be utilized; 

18 ‘‘(C) a safety analysis prescribed by the 

19 Secretary that justifies the special permit; 

20 ‘‘(D) documentation to support the safety 

21 analysis; 

22 ‘‘(E) a certification of safety fitness; and 

23 ‘‘(F) proof of registration, as required 

24 under section 5108. 

25 ‘‘(2) PUBLIC NOTICE.—The Secretary shall— 


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1 ‘‘(A) publish notice in the Federal Register 

2 that an application for a special permit has 

3 been filed; and 

4 ‘‘(B) provide the public an opportunity to 

5 inspect and comment on the application. 

6 ‘‘(3) SAVINGS CLAUSE.—This subsection does 

7 not require the release of information protected by 

8 law from public disclosure. 

9 ‘‘(c) COORDINATE AND COMMUNICATE WITH MODAL

10 CONTACT OFFICIALS.— 

11 ‘‘(1) IN GENERAL.—In evaluating applications 

12 under subsection (b), and making the findings and 

13 determinations under subsections (a), (e), and (h), 

14 the Administrator of the Pipeline and Hazardous 

15 Materials Safety Administration shall consult, co16 ordinate, or notify the modal contact official respon17 sible for the specified mode of transportation that 

18 will be utilized under a special permit or approval 

19 before— 

20 ‘‘(A) issuing, modifying, or renewing the 

21 special permit; 

22 ‘‘(B) granting party status to the special 

23 permit; or 

24 ‘‘(C) issuing or renewing the special permit 

25 or approval. 


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1 ‘‘(2) MODAL CONTACT OFFICIAL DEFINED.—In 

2 this section, the term ‘modal contact official’ 

3 means— 

4 ‘‘(A) the Administrator of the Federal 

5 Aviation Administration; 

6 ‘‘(B) the Administrator of the Federal 

7 Motor Carrier Safety; 

8 ‘‘(C) the Administrator of the Federal 

9 Railroad Administration; and 

10 ‘‘(D) the Commandant of the Coast Guard. 

11 ‘‘(d) APPLICATIONS TO BE DEALT WITH PROMPT12 LY.—The Secretary shall— 

13 ‘‘(1) issue, modify, renew, or grant party status 

14 to a special permit or approval for which a request 

15 was filed under this section, or deny the issuance, 

16 modification, renewal, or grant, on or before the last 

17 day of the 180-day period beginning on the first day 

18 of the month following the date of the filing of the 

19 request; or 

20 ‘‘(2) publish a statement in the Federal Reg21 ister that— 

22 ‘‘(A) describes the reason for the delay of 

23 the Secretary’s decision on the special permit or 

24 approval; and 


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1 ‘‘(B) includes an estimate of the additional 

2 time necessary before the decision is made. 

3 ‘‘(e) EMERGENCY PROCESSING OF SPECIAL PER4 MITS.— 

5 ‘‘(1) FINDINGS REQUIRED.—The Secretary may 

6 not grant a request for emergency processing of a 

7 special permit unless the Secretary determines 

8 that— 

9 ‘‘(A) a special permit is necessary for na10 tional security purposes; 

11 ‘‘(B) processing on a routine basis under 

12 this section would result in significant injury to 

13 persons or property; or 

14 ‘‘(C) a special permit is necessary to pre15 vent significant economic loss or damage to the 

16 environment that could not be prevented if the 

17 application were processed on a routine basis. 

18 ‘‘(2) WAIVER OF FITNESS TEST.—The Sec19 retary may waive the requirement under subsection 

20 (a)(2) for a request for which the Secretary makes 

21 a determination under subparagraph (A) or (B) of 

22 paragraph (1). 

23 ‘‘(3) NOTIFICATION.—Not later than 90 days 

24 after the date of issuance of a special permit under 

25 this subsection, the Secretary shall publish a notice 


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1 in the Federal Register of the issuance that in2 cludes— 

3 ‘‘(A) a statement of the basis for the find4 ing of emergency; and 

5 ‘‘(B) the scope and duration of the special 

6 permit. 

7 ‘‘(4) EFFECTIVE PERIOD.—A special permit 

8 issued under this subsection shall be effective for a 

9 period not to exceed 180 days. 

10 ‘‘(f) EXCLUSIONS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall ex12 clude, in any part, from this chapter and regulations 

13 prescribed under this chapter— 

14 ‘‘(A) a public vessel (as defined in section 

15 2101 of title 46); 

16 ‘‘(B) a vessel exempted under section 3702 

17 of title 46 or from chapter 37 of title 46; and 

18 ‘‘(C) a vessel to the extent it is regulated 

19 under the Ports and Waterways Safety Act of 

20 1972 (33 U.S.C. 1221, et seq.). 

21 ‘‘(2) FIREARMS.—This chapter and regulations 

22 prescribed under this chapter do not prohibit— 

23 ‘‘(A) or regulate transportation of a fire24 arm (as defined in section 232 of title 18), or 


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1 ammunition for a firearm, by an individual for 

2 personal use; or 

3 ‘‘(B) transportation of a firearm or ammu4 nition in commerce. 

5 ‘‘(g) LIMITATION ON AUTHORITY.—Unless the Sec6 retary decides that an emergency exists, a person subject 

7 to this chapter may only be granted a variance from this 

8 chapter through a special permit or renewal granted under 

9 this section. 

10 ‘‘(h) APPROVALS.— 

11 ‘‘(1) FINDINGS REQUIRED.— 

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

13 not issue an approval or grant the renewal of 

14 an approval pursuant to part 107 of title 49, 

15 Code of Federal Regulations until the Secretary 

16 has determined that the person is fit, willing, 

17 and able to conduct the activity authorized by 

18 the approval in a manner that achieves the level 

19 of safety required under subsection (a)(1). 

20 ‘‘(B) CONSIDERATIONS.—In making a de21 termination under subparagraph (A), the Sec22 retary shall consider— 

23 ‘‘(i) the person’s safety history (in24 cluding prior compliance history); 


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1 ‘‘(ii) the person’s accident and inci2 dent history; and 

3 ‘‘(iii) any other information the Sec4 retary considers appropriate to make such 

5 a determination. 

6 ‘‘(2) REQUIRED DOCUMENTATION.—When ap7 plying for an approval or renewal or modification of 

8 an approval under this section, the Secretary shall 

9 require the person to submit an application that con10 tains— 

11 ‘‘(A) a detailed description of the person’s 

12 request; 

13 ‘‘(B) a listing of the persons current facili14 ties and addresses where the approval will be 

15 utilized; 

16 ‘‘(C) a safety analysis prescribed by the 

17 Secretary that justifies the approval; 

18 ‘‘(D) documentation to support the safety 

19 analysis; 

20 ‘‘(E) a certification of safety fitness; and 

21 ‘‘(F) the verification of registration re22 quired under section 5108. 

23 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub24 section may be construed to require the release of 

25 information protected by law from public disclosure. 


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1 ‘‘(i) NONCOMPLIANCE.—The Secretary may modify, 

2 suspend, or terminate a special permit or approval if the 

3 Secretary determines that— 

4 ‘‘(1) the person who was granted the special 

5 permit or approval has violated the special permit or 

6 approval or the regulations issued under this chapter 

7 in a manner that demonstrates that the person is 

8 not fit to conduct the activity authorized by the spe9 cial permit or approval; or 

10 ‘‘(2) the special permit or approval is unsafe. 

11 ‘‘(j) RULEMAKING.—Not later than 2 years after the 

12 date of the enactment of the Hazardous Materials Trans13 portation Safety Improvement Act of 2012, the Secretary, 

14 after providing notice and an opportunity for public com15 ment, shall issue regulations that establish— 

16 ‘‘(1) standard operating procedures to support 

17 administration of the special permit and approval 

18 programs; and 

19 ‘‘(2) objective criteria to support the evaluation 

20 of special permit and approval applications. 

21 ‘‘(k) ANNUAL REVIEW OF CERTAIN SPECIAL PER22 MITS.— 

23 ‘‘(1) REVIEW.—The Secretary shall conduct an 

24 annual review and analysis of special permits— 


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1 ‘‘(A) to identify consistently used and long2 standing special permits with an established 

3 safety record; and 

4 ‘‘(B) to determine whether such permits 

5 may be converted into the hazardous materials 

6 regulations. 

7 ‘‘(2) FACTORS.—In conducting the review and 

8 analysis under paragraph (1), the Secretary may 

9 consider— 

10 ‘‘(A) the safety record for hazardous mate11 rials transported under the special permit; 

12 ‘‘(B) the application of a special permit; 

13 ‘‘(C) the suitability of provisions in the 

14 special permit for incorporation into the haz15 ardous materials regulations; and 

16 ‘‘(D) rulemaking activity in related areas. 

17 ‘‘(3) RULEMAKING.—After completing the re18 view and analysis under paragraph (1) and providing 

19 notice and opportunity for public comment, the Sec20 retary shall issue regulations, as needed.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for 

22 chapter 51 is amended by striking the item relating to 

23 section 5117 and inserting the following: 

‘‘5117. Special permits, approvals, and exclusions.’’. 


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1 SEC. 34014. HIGHWAY ROUTING DISCLOSURES. 

2 (a) LIST OF ROUTE DESIGNATIONS.—Section 

3 5112(c) is amended— 

4 (1) by striking ‘‘In coordination’’ and inserting 

5 the following: 

6 ‘‘(1) IN GENERAL.—In coordination’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) STATE RESPONSIBILITIES.— 

9 ‘‘(A) IN GENERAL.—Each State shall sub10 mit to the Secretary, in a form and manner to 

11 be determined by the Secretary and in accord12 ance with subparagraph (B)— 

13 ‘‘(i) the name of the State agency re14 sponsible for hazardous material highway 

15 route designations; and 

16 ‘‘(ii) a list of the State’s currently ef17 fective hazardous material highway route 

18 designations. 

19 ‘‘(B) FREQUENCY.—Each State shall sub20 mit the information described in subparagraph 

21 (A)(ii)— 

22 ‘‘(i) at least once every 2 years; and 

23 ‘‘(ii) not later than 60 days after a 

24 hazardous material highway route designa25 tion is established, amended, or discon26 tinued.’’. 


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1 (b) COMPLIANCE WITH SECTION 5112.—Section 

2 5125(c)(1) is amended by inserting ‘‘, and is published 

3 in the Department’s hazardous materials route registry 

4 under section 5112(c)’’ before the period at the end. 

5 SEC. 34015. AUTHORIZATION OF APPROPRIATIONS. 

6 Section 5128 is amended to read as follows: 

7 ‘‘§ 5128. Authorization of appropriations 

8 ‘‘(a) IN GENERAL.—There are authorized to be ap9 propriated to the Secretary to carry out this chapter (ex10 cept sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 

11 5119)— 

12 ‘‘(1) $42,338,000 for fiscal year 2012; and 

13 ‘‘(2) $42,762,000 for fiscal year 2013. 

14 ‘‘(b) HAZARDOUS MATERIALS EMERGENCY PRE15 PAREDNESS FUND.—From the Hazardous Materials 

16 Emergency Preparedness Fund established under section 

17 5116(i), the Secretary may expend, during each of fiscal 

18 years 2012 and 2013— 

19 ‘‘(1) $188,000 to carry out section 5115; 

20 ‘‘(2) $21,800,000 to carry out subsections (a) 

21 and (b) of section 5116, of which not less than 

22 $13,650,000 shall be available to carry out section 

23 5116(b); 

24 ‘‘(3) $150,000 to carry out section 5116(f); 


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1 ‘‘(4) $625,000 to publish and distribute the 

2 Emergency Response Guidebook under section 

3 5116(i)(3); and 

4 ‘‘(5) $1,000,000 to carry out section 5116(j). 

5 ‘‘(c) HAZARDOUS MATERIALS TRAINING GRANTS.— 

6 From the Hazardous Materials Emergency Preparedness 

7 Fund established pursuant to section 5116(i), the Sec8 retary may expend $4,000,000 for each of the fiscal years 

9 2012 and 2013 to carry out section 5107(e). 

10 ‘‘(d) CREDITS TO APPROPRIATIONS.— 

11 ‘‘(1) EXPENSES.—In addition to amounts oth12 erwise made available to carry out this chapter, the 

13 Secretary may credit amounts received from a State, 

14 Indian tribe, or other public authority or private en15 tity for expenses the Secretary incurs in providing 

16 training to the State, authority, or entity. 

17 ‘‘(2) AVAILABILITY OF AMOUNTS.—Amounts 

18 made available under this section shall remain avail19 able until expended.’’. 


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1 TITLE V—NATIONAL RAIL SYS2 TEM PRESERVATION, EXPAN3 SION, AND DEVELOPMENT 

4 ACT OF 2012 

5 SEC. 35001. SHORT TITLE. 

6 This title may be cited as the ‘‘National Rail System 

7 Preservation, Expansion, and Development Act of 2012’’. 

8 SEC. 35002. REFERENCES TO TITLE 49, UNITED STATES 

9 CODE. 

10 Except as otherwise expressly provided, whenever in 

11 this title an amendment or repeal is expressed in terms 

12 of an amendment to, or a repeal of, a section or other 

13 provision, the reference shall be considered to be made to 

14 a section or other provision of title 49, United States 

15 Code. 

16 Subtitle A—Federal and State 

17 Roles in Rail Planning and De18 velopment Tools 

19 SEC. 35101. RAIL PLANS. 

20 (a) LONG-RANGE NATIONAL RAIL PLAN.—Section 

21 103 is amended by amending subsection (j)(2) to read as 

22 follows: 

23 ‘‘(2) in coordination with the Secretary of 

24 Transportation, develop and routinely update a long25 range national rail plan pursuant to chapter 227;’’. 


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1 (b) NATIONAL RAIL PLAN.—Chapter 227 is amended 

2 to read as follows: 

3 ‘‘§ 22701. National Rail Plan 

4 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

5 shall— 

6 ‘‘(1) not later than 1 year after the date of en7 actment of the National Rail System Preservation, 

8 Expansion, and Development Act of 2012— 

9 ‘‘(A) develop a long-range national rail 

10 plan— 

11 ‘‘(i) in coordination with the Adminis12 trator of the Federal Railroad Administra13 tion and the Surface Transportation 

14 Board; and 

15 ‘‘(ii) in consultation with Amtrak, 

16 freight railroads, nonprofit employee labor 

17 organizations, and other rail industry 

18 stakeholders; and 

19 ‘‘(B) submit the national rail plan under 

20 subparagraph (A) to the Committee on Com21 merce, Science, and Transportation of the Sen22 ate and the Committee on Transportation and 

23 Infrastructure of the House of Representatives; 

24 ‘‘(2) routinely update the national rail plan— 


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1 ‘‘(A) in coordination with the Adminis2 trator of the Federal Railroad Administration 

3 and the Surface Transportation Board; and 

4 ‘‘(B) in consultation with Amtrak, freight 

5 railroads, nonprofit employee labor organiza6 tions, and other rail industry stakeholders; and 

7 ‘‘(3) submit the updated national rail plan 

8 under paragraph (2) at the same time as the Presi9 dent’s budget submission. 

10 ‘‘(b) NATIONAL RAIL PLAN.—The national rail plan 

11 shall— 

12 ‘‘(1) be subject to refinement by regional and 

13 State rail plans; 

14 ‘‘(2) be consistent with the rail needs of the 

15 Nation and Federal surface transportation or multi16 modal policies and plans, as determined by the Sec17 retary; 

18 ‘‘(3) promote an integrated, cohesive, safe, effi19 cient, and optimized national rail system for the 

20 movement of goods and people and to support the 

21 national economy and other national needs; and 

22 ‘‘(4) contain a specific national intercity pas23 senger rail development plan and a freight rail plan 

24 that are consistent with other Federal strategy, 

25 planning, and investment efforts. 


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1 ‘‘(c) OBJECTIVES.—The objectives of the national rail 

2 plan are— 

3 ‘‘(1) to implement a national policy and strat4 egy to support, preserve, improve, and further de5 velop existing and future high-speed and intercity 

6 passenger rail transportation and freight rail trans7 portation; and 

8 ‘‘(2) to provide a national framework to be re9 fined and implemented by regional rail plans under 

10 section 22702 and State rail plans under 22703. 

11 ‘‘(d) CONTENTS.—The national rail plan shall in12 clude— 

13 ‘‘(1) the conditions under which Federal invest14 ments in intercity passenger rail and freight rail are 

15 justified, including consideration of— 

16 ‘‘(A) population size and density; 

17 ‘‘(B) projected population and economic 

18 growth and changing demographic characteris19 tics; 

20 ‘‘(C) connections to local rail and bus tran21 sit, alternative transportation options, and 

22 multi-modal freight transportation nodes; 

23 ‘‘(D) economic profile of specific markets; 

24 ‘‘(E) congestion on existing transportation 

25 facilities and constraints on future capacity enVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01331 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 hancements, in relation to efficient movement of 

2 both goods and people; 

3 ‘‘(F) distances between markets; 

4 ‘‘(G) geographic characteristics; 

5 ‘‘(H) demand for present and future 

6 freight rail transportation services; 

7 ‘‘(I) ability to serve underserved commu8 nities and enhance intra-and inter-regional 

9 connectivity of mega-regions; 

10 ‘‘(J) transportation safety data and anal11 yses; 

12 ‘‘(K) travel market size; and 

13 ‘‘(L) availability and quality of service 

14 from other transportation modes within a mar15 ket; 

16 ‘‘(2) a national map with a prioritized designa17 tion of existing and developing markets to be served 

18 by specific rail routes and services that meet the cri19 teria described in paragraph (1); 

20 ‘‘(3) defined corridor and service categories, in21 cluding— 

22 ‘‘(A) services to be offered; 

23 ‘‘(B) peak or average speeds to be 

24 achieved; 

25 ‘‘(C) frequencies to be offered; and 


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1 ‘‘(D) populations to be served; 

2 ‘‘(4) a schedule and strategy for the phased im3 plementation of corridors and services identified in 

4 the plan; 

5 ‘‘(5) a discussion of benefits and costs of poten6 tial investments in high-speed or intercity passenger 

7 rail or freight rail that considers all system user and 

8 public benefits and costs from a network perspective, 

9 including factors such as potential ridership, travel 

10 time reductions and improved reliability, benefits of 

11 enhanced mobility of goods and people, environ12 mental benefits, economic development benefits, and 

13 other public benefits; 

14 ‘‘(6) a strategy for investments in passenger 

15 stations, including investment in intermodal stations 

16 that are linked to local public transportation, other 

17 intercity transportation modes, and non-motorized 

18 transportation options, and that connect residential 

19 areas, commercial areas, and other nearby transpor20 tation facilities that support intercity passenger rail 

21 and high-speed rail service, and in freight-related fa22 cilities, that is consistent with other Federal strat23 egy, planning, and investment efforts; 


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1 ‘‘(7) performance standards for fiscal and oper2 ational performance of new and enhanced high-speed 

3 and intercity passenger rail services; 

4 ‘‘(8) analysis of the environmental impacts of 

5 the national rail plan; 

6 ‘‘(9) recommendations for project financing, 

7 management and implementation for corridor devel8 opment, station development, freight capacity devel9 opment, and similar projects; 

10 ‘‘(10) recommendations for the integration of 

11 freight and passenger service in a manner that pro12 vides for mutual and complementary growth; 

13 ‘‘(11) a plan for integrating any proposed new 

14 services with existing services; 

15 ‘‘(12) service design and project execution pro16 tocols, including design and construction standards, 

17 requirements needed to ensure interoperability, and 

18 any other protocols the Secretary deems appropriate; 

19 and 

20 ‘‘(13) additional factors that the Secretary 

21 deems relevant. 

22 ‘‘§ 22702. Regional rail plans 

23 ‘‘(a) IN GENERAL.—The Secretary shall— 

24 ‘‘(1) develop a regional rail plan for each re25 gion, except the Northeast Corridor, that contains a 


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1 detailed plan for implementing the national rail plan, 

2 including any plans for public investment in projects 

3 that contribute to efficient movement and increased 

4 capacity for freight by— 

5 ‘‘(A) regional rail authorities, as defined by 

6 the Secretary; or 

7 ‘‘(B) any 2 or more States that have en8 tered into interstate compacts, agreements, or 

9 organizations for the purpose of developing 

10 such plans; and 

11 ‘‘(2) in developing each regional rail plan, co12 ordinate with— 

13 ‘‘(A) States; 

14 ‘‘(B) local communities; 

15 ‘‘(C) railroad infrastructure owners; 

16 ‘‘(D) regional air quality planning agen17 cies; 

18 ‘‘(E) Amtrak; 

19 ‘‘(F) passenger rail service operators; 

20 ‘‘(G) freight railroad operators; 

21 ‘‘(H) metropolitan planning organizations; 

22 ‘‘(I) governing authorities for transit sys23 tems or airports; 

24 ‘‘(J) tribal governments; 


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1 ‘‘(K) the general public, including low-in2 come and minority populations, people with dis3 abilities, and older Americans; and 

4 ‘‘(L) non-profit labor employee organiza5 tions. 

6 ‘‘(b) PURPOSES.—The purposes of a regional rail 

7 plan shall be to refine and advance the implementation 

8 of the national rail plan under section 22701. 

9 ‘‘(c) CONTENTS.—A regional rail plan shall include— 

10 ‘‘(1) a map— 

11 ‘‘(A) that indicates detailed alignment al12 ternatives for any new corridor identified in the 

13 national rail plan under section 22701; and 

14 ‘‘(B) that identifies the location of each 

15 potential new station; 

16 ‘‘(2) a phasing plan for developing or upgrading 

17 specific segments of the regional network; 

18 ‘‘(3) the identification of any environmental im19 pact analyses required under the National Environ20 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

21 or other laws (including regulations); 

22 ‘‘(4) a full capital cost estimate for developing 

23 the regional network; 

24 ‘‘(5) an analysis of operating financial fore25 casts; 


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1 ‘‘(6) a benefit-cost analysis for the regional net2 work that considers both user and public benefits 

3 and the costs from a network perspective, including 

4 factors such as ridership projections, travel time re5 ductions, enhanced mobility benefits, environmental 

6 benefits, economic benefits, and other public bene7 fits; 

8 ‘‘(7) an analysis of potential land use policies 

9 and strategies for areas near high-speed and inter10 city passenger rail stations; 

11 ‘‘(8) potential non-Federal funding sources, in12 cluding a detailed consideration of anticipated pri13 vate sector participation; 

14 ‘‘(9) a proposal for the institutional and govern15 ance structures that will be necessary to develop the 

16 regional network; 

17 ‘‘(10) other project implementation consider18 ations, including an analysis of the readiness of spe19 cific corridors to proceed for development; 

20 ‘‘(11) an examination of multi-modal connec21 tions that considers the most cost-effective means 

22 for achieving the region’s transportation goals and 

23 objectives; 

24 ‘‘(12) identification of plans for cost-effective, 

25 public investment in intercity passenger rail projects 


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1 that contribute toward the efficient movement and 

2 increased capacity for freight rail operations; 

3 ‘‘(13) a list of capital projects needed to imple4 ment a region’s portion of the national rail plan; 

5 ‘‘(14) a plan for coordinating service and cap6 ital projects with adjacent regions; 

7 ‘‘(15) a plan for crossing international borders, 

8 as appropriate; 

9 ‘‘(16) a plan for integrating any proposed new 

10 services with existing service; and 

11 ‘‘(17) a description of how the regional rail plan 

12 refines and advances the implementation of the na13 tional rail plan. 

14 ‘‘(d) UPDATES.—Not later than 1 year after the pub15 lication of the national rail plan under section 22701 and 

16 periodically thereafter, the Secretary shall update each re17 gional rail plan— 

18 ‘‘(1) to reflect any material changes to the con19 tents under subsection (c); and 

20 ‘‘(2) to include any changes made to the na21 tional rail plan under section 22701. 

22 ‘‘(e) WAIVER.—The Secretary may waive a content 

23 requirement under subsection (c) as necessary to accom24 modate a unique characteristic or situation in a region. 


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1 ‘‘§ 22703. State rail plans 

2 ‘‘(a) IN GENERAL.—A State may prepare and main3 tain a State rail plan. A State rail plan shall— 

4 ‘‘(1) be consistent with the national rail plan 

5 under section 22701; 

6 ‘‘(2) be consistent with the regional rail plans 

7 under section 22702; 

8 ‘‘(3) coordinate with other State transportation 

9 planning goals and programs, including the state10 wide transportation plans under section 135 of title 

11 23, and 

12 ‘‘(4) set forth rail transportation’s role within 

13 the State’s transportation system. 

14 ‘‘(b) PURPOSES.—The purposes of a State rail plan 

15 shall be to refine and advance the implementation of the 

16 national rail plan and relevant regional rail plan under 

17 sections 22701 and 22702. 

18 ‘‘(c) OBJECTIVES.—The objectives of a State rail 

19 plan shall be— 

20 ‘‘(1) to set forth the State’s policy on freight 

21 and intercity passenger rail transportation, including 

22 commuter rail operations, within the State; 

23 ‘‘(2) to establish the time period covered by the 

24 State rail plan; 


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1 ‘‘(3) to present the priorities and strategies to 

2 enhance rail service within the State that benefits 

3 the public; and 

4 ‘‘(4) to serve as the basis for Federal and State 

5 rail investments within the State. 

6 ‘‘(d) REQUIREMENTS.— 

7 ‘‘(1) ESTABLISHMENT.—The Secretary shall es8 tablish minimum requirements, consistent with sec9 tions 22701 and 22702, for the preparation and 

10 periodic revision of a State rail plan, including— 

11 ‘‘(A) the establishment or designation of a 

12 State rail transportation authority to prepare, 

13 maintain, coordinate, and administer the State 

14 rail plan; 

15 ‘‘(B) the establishment or designation of a 

16 State approval authority to approve the State 

17 rail plan; 

18 ‘‘(C) the submission of the State’s ap19 proved State rail plan to the Secretary for re20 view and approval; and 

21 ‘‘(D) the revision and resubmittal of a 

22 State-approved State rail plan for review and 

23 approval by the Secretary not less than once 

24 every 5 years. 


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1 ‘‘(2) REVIEW.—The Secretary shall prescribe 

2 procedures for a State to submit a State rail plan 

3 for review and approval, including standardized for4 mat and data requirements. 

5 ‘‘(3) COMPLIANCE.—The Secretary shall deem 

6 a State rail plan to be in compliance with this chap7 ter if the State rail plan— 

8 ‘‘(A) is completed before the date of enact9 ment of the National Rail System Preservation, 

10 Expansion, and Development Act of 2012; and 

11 ‘‘(B) substantially meets the requirements 

12 of chapter 227 as in effect on the day before 

13 the date of enactment of the National Rail Sys14 tem Preservation, Expansion, and Development 

15 Act of 2012. 

16 ‘‘(4) UPDATES.—A State rail plan that is 

17 deemed in compliance under paragraph (3) shall be 

18 updated not later than 1 year after the date of en19 actment of the National Rail System Preservation, 

20 Expansion, and Development Act of 2012. 

21 ‘‘(e) CONTENTS.—A State rail plan shall include— 

22 ‘‘(1) an inventory of the existing overall rail 

23 transportation system and rail services and facilities 

24 within the State; 


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1 ‘‘(2) an analysis of the role of rail transpor2 tation within the State’s surface transportation sys3 tem; 

4 ‘‘(3) a review of all rail lines within the State, 

5 including any proposed high-speed rail corridors and 

6 significant rail line segments not currently in serv7 ice; 

8 ‘‘(4) a statement of the State’s passenger rail 

9 service objectives, including minimum service levels, 

10 for rail transportation routes within the State; 

11 ‘‘(5) a general analysis of rail’s transportation, 

12 economic, and environmental impacts within the 

13 State, including congestion mitigation, trade and 

14 economic development, air quality, land-use, energy15 use, and community impacts; 

16 ‘‘(6) a long-range rail service and investment 

17 program for current and future freight and intercity 

18 passenger infrastructure within the State that meets 

19 the requirements under subsection (f); 

20 ‘‘(7) a statement of the public financing issues 

21 for rail projects or service within the State, includ22 ing a list of current and prospective public capital 

23 and operating funding resources, public subsidies, 

24 State taxation, and other financial policies relating 

25 to rail infrastructure development; 


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1 ‘‘(8) the identification of rail infrastructure 

2 issues within the State, after consulting with rel3 evant stakeholders; 

4 ‘‘(9) a review of major passenger and freight 

5 intermodal rail connections and facilities within the 

6 State, including seaports; 

7 ‘‘(10) a list of prioritized options to maximize 

8 service integration and efficiency between rail and 

9 other modes of transportation within the State; 

10 ‘‘(11) a review of publicly funded projects with11 in the State to improve rail transportation safety 

12 and security, including major projects funded under 

13 section 130 of title 23; 

14 ‘‘(12) a performance evaluation of passenger 

15 rail services operating in the State, including pos16 sible improvements to those services and a descrip17 tion of strategies to achieve the improvements; 

18 ‘‘(13) a compilation of studies and reports on 

19 high-speed rail corridor development within the 

20 State that were not included in a prior plan under 

21 this chapter; 

22 ‘‘(14) a plan for funding any recommended de23 velopment of a high-speed rail corridor within the 

24 State; and 


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1 ‘‘(15) a statement that the State is in compli2 ance with the requirements of section 22102. 

3 ‘‘(f) LONG-RANGE RAIL SERVICE AND INVESTMENT

4 PROGRAM.— 

5 ‘‘(1) CONTENTS.—A long-range rail service and 

6 investment program under subsection (e)(6) shall in7 clude— 

8 ‘‘(A) a prioritized list of any freight or 

9 intercity passenger rail capital projects expected 

10 to be commenced or supported in whole or in 

11 part by the State; and 

12 ‘‘(B) a detailed capital and operating fund13 ing plan for each rail capital project under sub14 paragraph (A). 

15 ‘‘(2) RAIL CAPITAL PROJECTS LIST.— 

16 ‘‘(A) CONTENTS.—A list of rail capital 

17 projects under paragraph (1)(A) shall include— 

18 ‘‘(i) a description of the anticipated 

19 public and private benefits of each rail cap20 ital project; and 

21 ‘‘(ii) a statement of the correlation be22 tween— 

23 ‘‘(I) public funding contributions 

24 for each rail capital project; and 

25 ‘‘(II) the public benefits. 


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1 ‘‘(B) CONSIDERATIONS.—A State rail 

2 transportation authority shall consider, when 

3 preparing a list of rail capital projects under 

4 this subsection— 

5 ‘‘(i) contributions made by non-Fed6 eral and non-State sources through user 

7 fees, matching funds, or other private cap8 ital involvement; 

9 ‘‘(ii) rail capacity and congestion ef10 fects; 

11 ‘‘(iii) effects on highway, aviation, and 

12 maritime capacity, congestion, and safety; 

13 ‘‘(iv) regional balance; 

14 ‘‘(v) environmental impact; 

15 ‘‘(vi) economic and employment im16 pacts; and 

17 ‘‘(vii) projected ridership and other 

18 service measures for passenger rail 

19 projects. 

20 ‘‘(g) A State shall not be eligible to receive financial 

21 assistance under chapter 244 or 261 unless the State com22 pletes a State rail plan pursuant to this section. 

23 ‘‘§ 22704. Transparency and coordination 

24 ‘‘(a) PREPARATION AND REVIEW.— 


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1 ‘‘(1) FEDERAL TRANSPARENCY.—The Secretary 

2 of Transportation shall provide adequate and rea3 sonable notice and an opportunity for comment to 

4 the public, rail carriers, commuter and transit au5 thorities (operating in or affected by rail operations 

6 within the region or State), units of local govern7 ment, and other interested parties when the Sec8 retary prepares or reviews the national rail plan 

9 under section 22701 or a regional rail plan under 

10 section 22702. 

11 ‘‘(2) STATE TRANSPARENCY.—A State shall 

12 provide adequate and reasonable notice and an op13 portunity for comment to the public, rail carriers, 

14 commuter and transit authorities (operating in or 

15 affected by rail operations within the region or the 

16 State), units of local government, and other inter17 ested parties, when the State prepares or reviews a 

18 State rail plan under section 22703. 

19 ‘‘(b) INTERGOVERNMENTAL COORDINATION.—A 

20 State shall— 

21 ‘‘(1) review the freight and passenger rail serv22 ice activities and initiatives by regional planning 

23 agencies, regional transportation authorities, and 

24 municipalities (within the State or within the region 


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1 in which the State is located) when preparing a 

2 State rail plan; and 

3 ‘‘(2) include any recommendations made by the 

4 regional planning agencies, regional transportation 

5 authorities, and municipalities (within the State or 

6 within the region in which the State is located), as 

7 deemed appropriate by the State. 

8 ‘‘§ 22705. Definitions 

9 ‘‘In this chapter: 

10 ‘‘(1) PRIVATE BENEFIT.—The term ‘private 

11 benefit’ means a benefit— 

12 ‘‘(A) that is determined on a project-by13 project basis, based upon an agreement between 

14 the parties; 

15 ‘‘(B) that is accrued to a person or private 

16 entity, other than Amtrak, that directly im17 proves the economic and competitive condition 

18 of the person or private entity through im19 proved assets, cost reductions, service improve20 ments, or other means as defined by the Sec21 retary; or 

22 ‘‘(C) that is defined by the Secretary, with 

23 advice from the States and rail carriers if the 

24 Secretary deems such advice necessary. 


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1 ‘‘(2) PUBLIC BENEFIT.—The term ‘public ben2 efit’ means a benefit— 

3 ‘‘(A) that is determined on a project-by4 project basis, based upon an agreement between 

5 the parties; 

6 ‘‘(B) that is accrued to the public, includ7 ing Amtrak, in the form of enhanced mobility 

8 of people or goods, environmental protection or 

9 enhancement, congestion mitigation, enhanced 

10 trade and economic development, improved air 

11 quality or land use, more efficient energy use, 

12 enhanced public safety or security, reduction of 

13 public expenditures due to improved transpor14 tation efficiency or infrastructure preservation, 

15 and any other positive community effects as de16 fined by the Secretary; or 

17 ‘‘(C) that is defined by the Secretary, with 

18 advice from the States and rail carriers if the 

19 Secretary deems such advice necessary. 

20 ‘‘(3) STATE.—The term ‘State’ means any of 

21 the 50 States and the District of Columbia. 

22 ‘‘(4) STATE RAIL TRANSPORTATION AUTHOR23 ITY.—The term ‘State rail transportation authority’ 

24 means the State agency or official responsible under 

25 the direction of the Governor of the State or a State 


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1 law for the preparation, maintenance, coordination, 

2 and administration of the State rail plan.’’. 

3 SEC. 35102. IMPROVED DATA ON DELAY. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Secretary of Transportation, in coordina6 tion with Amtrak, freight railroads, and other parties, as 

7 appropriate, shall develop guidance for developing im8 proved, including automated, means of measuring on-time 

9 performance delays. 

10 SEC. 35103. DATA AND MODELING. 

11 (a) DATA.—Not later than 1 year after the date of 

12 enactment of this Act, the Secretary of Transportation 

13 shall conduct a data needs assessment, in consultation 

14 with the Surface Transportation Board, Amtrak, freight 

15 railroads, and State and local governments, to support the 

16 development of an efficient and effective intercity pas17 senger rail network. The data needs assessment shall, 

18 among other things— 

19 (1) identify the data needed to conduct cost-ef20 fective modeling and analysis for high-speed and 

21 intercity passenger rail development programs; 

22 (2) determine limitations to the data used for 

23 inputs and develop a strategy to address the limita24 tions; 

25 (3) identify barriers to accessing existing data; 


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1 (4) include recommendations regarding whether 

2 the authorization of additional data collection for 

3 intercity passenger rail travel is warranted; and 

4 (5) determine which entities will be responsible 

5 for generating or collecting needed data. 

6 (b) MODELING.—Not later than 1 year after the date 

7 of enactment of this Act, the Secretary of Transportation 

8 shall develop or improve modeling capabilities to support 

9 the development of an efficient and effective intercity pas10 senger rail network, including service development, capac11 ity expansion, cost-effectiveness, and ridership estimates. 

12 (c) BENEFIT-COST ANALYSIS.—Not later than 1 year 

13 after the date of enactment of this Act, the Secretary of 

14 Transportation shall enhance the usefulness of assess15 ments of benefits and costs, for both intercity passenger 

16 rail and freight rail projects by— 

17 (1) providing ongoing guidance and training on 

18 developing benefit and cost information for rail 

19 projects; 

20 (2) providing more direct and consistent re21 quirements for assessing benefits and costs across 

22 transportation funding programs, including the ap23 propriate use of discount rates; 

24 (3) requiring an applicant to clearly commu25 nicate the methodology that is used to calculate the 


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1 project benefits and costs, including information on 

2 assumptions underlying calculations, strengths and 

3 limitations of data used, and the level of uncertainty 

4 in estimates of project benefits and costs; and 

5 (4) ensuring that an applicant receives clear 

6 and consistent guidance on values to apply for key 

7 assumptions used to estimate potential project bene8 fits and costs. 

9 (d) CONFIDENTIAL DATA.—For the purposes of this 

10 section, the Secretary of Transportation shall protect any 

11 confidential data from public disclosure and such con12 fidential data shall only be provided on the basis of a vol13 untary agreement. 

14 SEC. 35104. SHARED-USE CORRIDOR STUDY. 

15 (a) IN GENERAL.—Not later than 2 years after the 

16 date of enactment of this Act, the Secretary shall complete 

17 a shared-use corridor study, in consultation with the Sur18 face Transportation Board, Amtrak, freight railroads, 

19 States, non-profit employee labor organizations, and other 

20 users of the rail system, as appropriate, to evaluate the 

21 best means to enhance and support the further develop22 ment of high-speed and intercity passenger rail service 

23 within United States shared-use corridors. 

24 (b) CONTENTS.—In conducting the shared-use cor25 ridor study, the Secretary shall— 


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1 (1) survey the access arrangements for high2 speed and intercity passenger rail service for use of 

3 rail infrastructure, assets and facilities owned by 

4 freight railroads, commuter authorities, or other en5 tities, and standard processes for the resolution of 

6 disputes relating to such access; 

7 (2) evaluate the roles and responsibilities of 

8 high-speed and intercity passenger rail, freight rail, 

9 and commuter rail service providers and infrastruc10 ture owners in complying with Federal, State, and 

11 local applicable requirements within United States 

12 shared-use corridors; 

13 (3) evaluate the roles and responsibilities of 

14 Federal, State, and local governments, infrastruc15 ture owners, and high speed and intercity passenger 

16 rail, freight rail, and commuter rail service providers 

17 in supporting both the preservation and expansion of 

18 high-speed and intercity passenger rail service, 

19 freight transportation, and commuter transportation 

20 on shared infrastructure or rights-of-way; 

21 (4) evaluate the roles and responsibilities of 

22 high-speed and intercity passenger rail, freight rail, 

23 and commuter rail service providers in achieving sat24 isfactory on time performance for passenger and 

25 freight rail services in shared use corridors; and 


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1 (5) evaluate other issues identified by the Sec2 retary. 

3 (c) REPORT.—Not later than 90 days after the date 

4 the shared-use corridor study is completed under sub5 section (a), the Secretary shall— 

6 (1) report the results of the shared-use corridor 

7 study to the Senate Committee on Commerce, 

8 Science, and Transportation and the House of Rep9 resentatives Committee on Transportation and In10 frastructure; and 

11 (2) make the shared-use corridor study avail12 able to the public on the Department of Transpor13 tation’s website. 

14 SEC. 35105. COOPERATIVE EQUIPMENT POOL. 

15 (a) IN GENERAL.—The Next Generation Corridor 

16 Equipment Pool Committee established under section 305 

17 of the Passenger Rail Investment and Improvement Act 

18 of 2008 (49 U.S.C. 24101 note) shall continue to imple19 ment its authorized functions, as appropriate, and shall 

20 maintain and update, as needed, the specifications created 

21 by the Committee. 

22 (b) EQUIPMENT POOLING ENTITY.—Section 305 of 

23 the Passenger Rail Investment and Improvement Act of 

24 2008 (49 U.S.C. 24101 note), is amended by adding at 

25 the end the following: 


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1 ‘‘(f) EQUIPMENT POOLING ENTITY.— 

2 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 

3 after the date of enactment of the National Rail 

4 System Preservation, Expansion, and Development 

5 Act of 2012, the Committee shall create an equip6 ment pooling entity that includes— 

7 ‘‘(A) Amtrak; 

8 ‘‘(B) States that purchase, with Federal 

9 funds, intercity passenger rail rolling stock and 

10 equipment that is built in accordance with the 

11 specifications created by the Next Generation 

12 Corridor Equipment Pool Committee; and 

13 ‘‘(C) other States and entities, as appro14 priate. 

15 ‘‘(2) IN GENERAL.—The equipment pooling en16 tity— 

17 ‘‘(A) may— 

18 ‘‘(i) be a corporation or other coopera19 tive entity; and 

20 ‘‘(ii) be owned or jointly-owned by 

21 Amtrak, a participating State, or other en22 tity; and 

23 ‘‘(B) shall be authorized to— 

24 ‘‘(i) lease or acquire intercity pas25 senger rail rolling stock and equipment 


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1 used in State-supported corridor services 

2 on routes that are not more than 750 

3 miles between end points, including by en4 tering into agreements for the funding, fi5 nancing, procurement, remanufacture, 

6 ownership, and disposal of the intercity 

7 passenger rail rolling stock and equipment; 

8 ‘‘(ii) maintain, manage, and allocate 

9 intercity passenger rail rolling stock and 

10 equipment for use in State-supported cor11 ridor services, including by charging appro12 priate amounts for the use (including de13 preciation and financing costs) of the 

14 intercity passenger rail rolling stock and 

15 equipment; and 

16 ‘‘(iii) ensure adequate quantity and 

17 quality of appropriate intercity passenger 

18 rail rolling stock and equipment to support 

19 the State-supported corridor services’ 

20 needs as identified in the national rail 

21 plan, regional rail plans, or State rail plans 

22 under chapter 227. 

23 ‘‘(3) TRANSFER OF EQUIPMENT.—Amtrak, 

24 after consultation with the Secretary, may sell, lease, 

25 or otherwise transfer equipment currently owned or 


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1 leased by Amtrak to the equipment pooling entity. 

2 The operation and utilization of any equipment 

3 transferred to the equipment pooling entity shall be 

4 covered by section 24405(b). 

5 ‘‘(4) TRANSFER REQUIREMENT.—A State shall 

6 sell, lease, or otherwise transfer equipment built in 

7 accordance with the specifications created by the 

8 Next Generation Corridor Equipment Pool Com9 mittee and purchased with Federal funds to the 

10 equipment pooling entity unless the Secretary ex11 empts a State from this requirement. 

12 ‘‘(g) GRANT FUNDING.—A capital project to carry 

13 out this section shall be eligible for grants under chapter 

14 244. The equipment pooling entity shall be an eligible 

15 grant recipient under chapter 244.’’. 

16 SEC. 35106. PROJECT MANAGEMENT OVERSIGHT AND 

17 PLANNING. 

18 Section 101(d) of the Passenger Rail Investment and 

19 Improvement Act of 2008 (122 Stat. 4908) is amended— 

(1) by striking ‘‘1 20 ⁄2 of’’; and 

21 (2) by inserting ‘‘and joint capital planning’’ 

22 after ‘‘oversight’’. 


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1 SEC. 35107. IMPROVEMENTS TO THE CAPITAL ASSISTANCE 

2 PROGRAMS. 

3 (a) AMENDMENTS TO CHAPTER 244.—Chapter 244 

4 is amended— 

5 (1) in section 24401(1)— 

6 (A) by striking ‘‘or’’ the first place it ap7 pears; and 

8 (B) by striking ‘‘service.’’ and inserting 

9 ‘‘service, or Amtrak.’’; 

10 (2) by amending section 24402(b) to read as 

11 follows: 

12 ‘‘(b) PROJECT AS PART OF THE NATIONAL RAIL

13 PLAN, REGIONAL RAIL PLANS, OR STATE RAIL PLANS.— 

14 ‘‘(1) GRANT APPROVAL.—The Secretary may 

15 not approve a grant for a project under this section 

16 unless the Secretary finds that— 

17 ‘‘(A) the project is part of the national rail 

18 plan, a regional rail plan, or a State rail plan 

19 under chapter 227; or 

20 ‘‘(B) the project is part of the capital 

21 spending plan under section 211 of the Pas22 senger Rail Investment and Improvement Act of 

23 2008 (49 U.S.C. 24902 note); and 

24 ‘‘(C) the applicant or recipient has or will 

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1 ments with other entities, as approved by the 

2 Secretary— 

3 ‘‘(i) the legal, financial, and technical 

4 capacity to carry out the project; 

5 ‘‘(ii) satisfactory continuing control 

6 over the use of the equipment or facilities; 

7 and 

8 ‘‘(iii) the capability and willingness to 

9 maintain the equipment or facilities. 

10 ‘‘(2) PROVISION OF INFORMATION.—An appli11 cant or recipient shall provide sufficient information 

12 for the Secretary to make the required findings 

13 under this subsection. 

14 ‘‘(3) JUSTIFICATION.—An applicant or recipi15 ent, except for Amtrak, that did not select the pro16 posed operator of its service competitively shall pro17 vide written justification to the Secretary substan18 tiating— 

19 ‘‘(A) why the proposed operator is the 

20 best, taking into account price and other fac21 tors; and 

22 ‘‘(B) that the use of the proposed operator 

23 will not unnecessarily increase the cost of the 

24 project.’’; 

25 (3) in section 24402(c)— 


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1 (A) by amending paragraph (1)(A) to read 

2 as follows: 

3 ‘‘(1) that the project be part of the national rail 

4 plan, a regional rail plan, or a State rail plan under 

5 chapter 227, or the capital spending plan under sec6 tion 211 of the Passenger Rail Investment and Im7 provement Act of 2008 (49 U.S.C. 24902 note);’’; 

8 (B) in paragraph (1)(D), by inserting ‘‘, 

9 except for Amtrak,’’ after ‘‘an applicant’’; 

10 (C) by amending paragraph (1)(F) to read 

11 as follows: 

12 ‘‘(F) that each project be compatible with 

13 and operate in conformance with plans devel14 oped pursuant to the requirements of section 

15 135 of title 23, United States Code;’’; 

16 (D) in paragraph (2)(C), by striking 

17 ‘‘and’’; 

18 (E) in paragraph (3)(B)(iii), by striking 

19 the period and inserting ‘‘; and’’; and 

20 (F) by adding at the end the following: 

21 ‘‘(4) achieve the appropriate mix of projects se22 lected for funding to ensure the advancement of the 

23 national rail plan, including both the development of 

24 new or expanded routes and services and the mainte25 nance and improvement of the current rail system.’’; 


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1 (4) by amending section 24402(d) to read as 

2 follows: 

3 ‘‘(d) STATE RAIL PLANS.—State rail plans completed 

4 before the date of enactment of the Passenger Rail Invest5 ment and Improvement Act of 2008 (122 Stat. 4907) that 

6 substantially meet the requirements of chapter 227 as in 

7 effect on the day before the date of enactment of the Na8 tional Rail System Preservation, Expansion, and Develop9 ment Act of 2012, shall be deemed by the Secretary to 

10 have met the requirements of subsection (c)(1)(A) of this 

11 section.’’; 

12 (5) by amending section 24402(e) to read as 

13 follows: 

14 ‘‘(e) PROJECT TRANSFERS.—The Secretary may per15 mit a recipient under this section to enter into a coopera16 tive agreement to transfer the grant and related respon17 sibilities and requirements to Amtrak to expedite, en18 hance, or otherwise facilitate the completion of the project 

19 and any such transfer shall be subject to the requirements 

20 of this chapter.’’; 

21 (6) in the heading of section 24402(f), by strik22 ing ‘‘AND EARLY SYSTEMS WORK AGREEMENTS’’; 

23 (7) by amending section 24402(f)(1) to read as 

24 follows: 


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1 ‘‘(1) In implementing this section, the Secretary 

2 may issue a letter of intent to an applicant announc3 ing an intention to obligate, for a major capital 

4 project under this section, an amount from future 

5 available budget authority specified in law that is 

6 not more than the amount stipulated as the financial 

7 participation of the Secretary in the project.’’; 

8 (8) in section 24402(g) by— 

9 (A) amending paragraph (1)(B) to read as 

10 follows: 

11 ‘‘(B) A grant— 

12 ‘‘(i) for a project designated as part 

13 of a priority corridor or service by the na14 tional rail plan and scheduled within the 

15 national rail plan to be implemented within 

16 a time frame consistent with the grant ap17 plication shall not exceed 80 percent of the 

18 project net capital cost; 

19 ‘‘(ii) for a project to implement a per20 formance improvement plan under section 

21 24710 shall not exceed 100 percent of the 

22 net project capital cost; and 

23 ‘‘(iii) for any other project shall not 

24 exceed 50 percent of the net project capital 

25 cost.’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(5) When Amtrak is an applicant under this 

3 chapter, it may use ticket and other revenues gen4 erated from its operations and other sources to sat5 isfy the non-Federal share requirements under this 

6 subsection, except that Amtrak may not use Federal 

7 funds authorized under subsections (a) or (c) of sec8 tion 101 of the Passenger Rail Investment and Im9 provement Act of 2008 (122 Stat. 4908).’’; 

10 (9) in section 24402(h), by striking ‘‘2’’ each 

11 place it appears and inserting ‘‘3’’; 

12 (10) in section 24402(i)(1), by striking ‘‘A met13 ropolitan planning organization, State transportation 

14 department, or other project sponsor’’ and inserting 

15 ‘‘An applicant’’; 

16 (11) by amending section 24402(k) to read as 

17 follows: 

18 ‘‘(k) SMALL CAPITAL PROJECTS.—The Secretary 

19 shall make not less than 5 percent annually available from 

20 the amounts appropriated under section 24406 beginning 

21 in fiscal year 2009 for grants for capital projects eligible 

22 under this section not exceeding $10,000,000, including 

23 costs eligible under section 209(d) of the Passenger Rail 

24 Investment and Improvement Act of 2008 (49 U.S.C. 

25 24101 note). For grants awarded under this subsection, 


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1 the Secretary may waive one or more of the requirements 

2 of this section, including State rail plan requirements, or 

3 of section 24405(c)(1)(B), as appropriate.’’; 

4 (12) by amending section 24403(b) to read as 

5 follows: 

6 ‘‘(b) SECRETARIAL OVERSIGHT AND PARTICIPA7 TION.— 

8 ‘‘(1) The Secretary may use not more than 1 

9 percent of amounts made available in a fiscal year 

10 for capital projects under this chapter to participate 

11 in the planning, management, and oversight of the 

12 development and implementation of any such 

13 projects. 

14 ‘‘(2) The Secretary may use amounts available 

15 under paragraph (1) to directly undertake or make 

16 contracts for project planning and design participa17 tion or safety, procurement, management, and finan18 cial compliance reviews and audits of a recipient of 

19 grants awarded under this chapter. 

20 ‘‘(3) The Federal Government shall pay the en21 tire cost of carrying out a contract under this sub22 section.’’; and 

23 (13) in section 24405 by adding ‘‘or between 

24 Amtrak and the railroad’’ after ‘‘railroad’’ in sub25 section (c)(1). 


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1 (b) CHAPTER 244 GRANT PROCEDURES.—Not later 

2 than 180 days after the date of enactment of this Act, 

3 the Secretary of Transportation shall issue a final rule es4 tablishing grant procedures, as required by section 

5 24402(a) of title 49, United States Code. 

6 (c) AMENDMENTS TO CHAPTER 261.—Chapter 261 

7 is amended— 

8 (1) in section 26106— 

9 (A) by amending subsection (a) to read as 

10 follows: 

11 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

12 shall establish and implement a high-speed rail corridor 

13 program consistent with the national rail plan, regional 

14 rail plans, and State rail plans required by chapter 227 

15 of title 49, United States Code.’’; 

16 (B) by amending subsection (b)(2) to read 

17 as follows: 

18 ‘‘(2) CORRIDOR.—The term ‘corridor’ means— 

19 ‘‘(A) a corridor designated by the Sec20 retary pursuant to section 104(d)(2) of title 23; 

21 or 

22 ‘‘(B) a corridor expected to achieve high23 speed service pursuant to section 22701 of title 

24 49.’’; 

25 (C) in subsection (e)(2)(A)— 


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1 (i) in clause (ii), by inserting ‘‘, di2 rectly or through appropriate agreements 

3 with other entities,’’ after ‘‘have’’; 

4 (ii) in clause (v), by inserting ‘‘, ex5 cept for Amtrak,’’ after ‘‘applicant’’; 

6 (iii) in clause (vi), by striking ‘‘; and’’ 

7 and inserting a semicolon; 

8 (iv) in clause (vii)(II), by striking ‘‘(if 

9 it is available)’’; and 

10 (v) by adding at the end the following: 

11 ‘‘(viii) that the project and the high12 speed rail services it supports are coordi13 nated and integrated with existing and 

14 planned conventional intercity passenger 

15 rail services; 

16 ‘‘(ix) that the Secretary, and Amtrak 

17 at the Secretary’s request, are permitted to 

18 participate in the planning, design, man19 agement, and delivery of the project, as 

20 necessary to ensure project success and 

21 promote interstate commerce; and 

22 ‘‘(x) that the Federal government is 

23 accorded an appropriate participation, 

24 oversight, ownership, or control in the 

25 project commensurate with the level of 


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1 Federal investment as determined by the 

2 Secretary;’’; and 

3 (D) in subsection (e)(4), by striking ‘‘pur4 suant to section 22506 of this title’’. 

5 (d) CONGESTION GRANTS.—Section 24105 is amend6 ed— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘in cooperation with 

9 States’’ and ‘‘high priority rail corridor’’; 

10 (B) by striking ‘‘congestion’’ and inserting 

11 ‘‘freight or commuter railroad congestion that 

12 impacts intercity passenger trains, enhance 

13 route performance, preserve service,’’; and 

14 (C) by striking the period and inserting 

15 ‘‘on routes defined under section 

16 24102(5)(C).’’; 

17 (2) in subsection (b)— 

18 (A) by inserting ‘‘or the Federal Railroad 

19 Administration’’ after ‘‘Amtrak’’; 

20 (B) by striking ‘‘congestion’’ and inserting 

21 ‘‘freight or commuter railroad congestion that 

22 impacts intercity passenger trains, enhance 

23 route performance, preserve service,’’; 

24 (C) by striking ‘‘; and’’ and inserting a pe25 riod; and 


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1 (D) by striking paragraph (3); 

2 (3) in subsection (c), by striking ‘‘80’’ and in3 serting ‘‘100’’; and 

4 (4) in subsection (d), by inserting ‘‘, except that 

5 the Secretary may waive the requirements of section 

6 24405(c)(1)(B), as appropriate, for grants totaling 

7 less than $10,000,000’’ after ‘‘title’’. 

8 (e) ADDITIONAL HIGH-SPEED RAIL PROJECTS.— 

9 The Passenger Rail Investment and Improvement Act of 

10 2008 (122 Stat. 4907) is amended by striking section 502. 

11 SEC. 35108. LIABILITY. 

12 (a) CLARIFICATION OF COMMUTER RAIL LIABIL13 ITY.—Section 28103 is amended— 

14 (1) in subsection (a)(2), by inserting, ‘‘, includ15 ing commuter rail passengers,’’ after ‘‘rail pas16 sengers,’’; 

17 (2) by amending subsection (b) to read as fol18 lows: 

19 ‘‘(b) CONTRACTUAL OBLIGATIONS.—A provider of 

20 rail passenger transportation may enter into contracts 

21 that allocate financial responsibility for claims. Such con22 tracts shall be enforceable notwithstanding any other pro23 vision of law, common law, or public policy, or the nature 

24 of the conduct giving rise to the damages or liability.’’; 

25 and 


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1 (3) in subsection (e)— 

2 (A) by striking ‘‘and’’ at the end of para3 graph (2); 

4 (B) by striking the period at the end of 

5 paragraph (3) and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(4) the term ‘rail passenger transportation’ in8 cludes commuter rail transportation.’’. 

9 (b) STUDY.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, the Secretary of 

12 Transportation shall conduct a study regarding op13 tions for clarifying and improving passenger rail li14 ability requirements and arrangements, including 

15 those related to environmental liability, necessary for 

16 supporting the continued development and improve17 ment of the national passenger rail system and the 

18 furtherance of the national rail plan under chapter 

19 227 of title 49, United States Code. The study shall 

20 consider— 

21 (A) whether to expand statutory liability 

22 limits to third parties; and 

23 (B) whether to revise the current statutory 

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1 ods to improve the certainty of liability cov2 erage. 

3 (2) REPORT.—Not later than 90 days after the 

4 date of completion of the study, the Secretary shall 

5 submit the results of the study and any associated 

6 recommendations to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the 

8 Committee on Transportation and Infrastructure of 

9 the House of Representatives. 

10 SEC. 35109. DISADVANTAGED BUSINESS ENTERPRISES. 

11 (a) DEFINITIONS.—In this section: 

12 (1) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Transportation. 

14 (2) SMALL BUSINESS CONCERN.—The term 

15 ‘‘small business concern’’ has the meaning given the 

16 term in section 3 of the Small Business Act (15 

17 U.S.C. 632), except the term does not include any 

18 concern or group of concerns that— 

19 (A) are controlled by the same socially and 

20 economically disadvantaged individual or indi21 viduals; and 

22 (B) have average annual gross receipts 

23 over the preceding 3 fiscal years in excess of 

24 $22,410,000, as adjusted annually by the Sec25 retary for inflation. 


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1 (3) SOCIALLY AND ECONOMICALLY DISADVAN2 TAGED INDIVIDUALS.— 

3 (A) IN GENERAL.— 

4 (i) SOCIALLY DISADVANTAGED INDI5 VIDUALS.—The term ‘‘socially disadvan6 taged individuals’’ has the meaning given 

7 the term in section 8(a)(5)of the Small 

8 Business Act (15 U.S.C. 637(a)(5)), and 

9 relevant subcontracting regulations issued 

10 pursuant to that Act. 

11 (ii) ECONOMICALLY DISADVANTAGED

12 INDIVIDUALS.—The term ‘‘economically 

13 disadvantaged individuals’’ has the mean14 ing given the term in section 8(a)(6) of the 

15 Small Business Act (15 U.S.C. 637(a)(6)), 

16 and relevant subcontracting regulations 

17 issued pursuant to that Act. 

18 (B) INCLUSIONS.—For purposes of this 

19 section, women shall be presumed to be socially 

20 and economically disadvantaged individuals. 

21 (b) IN GENERAL.—Except to the extent that the Sec22 retary determines otherwise, not less than 10 percent of 

23 the amounts made available for any program under chap24 ter 244, section 24105, or section 26106 of title 49, 

25 United States Code, shall be expended through a small 


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1 business concern owned and controlled by 1 or more so2 cially and economically disadvantaged individuals. 

3 (c) ANNUAL LISTING OF DISADVANTAGED SMALL

4 BUSINESS CONCERNS.—Each State shall annually— 

5 (1) survey each small business concern in the 

6 State; 

7 (2) compile a list of all of the small business 

8 concerns in the State, including the location of each 

9 small business concern in the State; and 

10 (3) notify the Secretary, in writing, of the per11 centage of the small business concerns that— 

12 (A) are controlled by women; 

13 (B) are controlled by socially and economi14 cally disadvantaged individuals (except for 

15 women); and 

16 (C) are controlled by individuals who are 

17 women and who are socially and economically 

18 disadvantaged individuals. 

19 (d) UNIFORM CERTIFICATION.—The Secretary shall 

20 establish minimum uniform criteria for State governments 

21 to use in certifying whether a small business concern 

22 qualifies under this section. The minimum uniform criteria 

23 shall include— 

24 (1) an on-site visit; 

25 (2) a personal interview; 


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1 (3) a license; 

2 (4) an analysis of stock ownership; 

3 (5) an analysis of bonding capacity; 

4 (6) the listing of equipment; 

5 (7) the listing of work completed; and 

6 (8) a resume of each principal owner, the finan7 cial capacity, and the type of work preferred. 

8 (e) REPORTING.—The Secretary shall establish min9 imum requirements for State governments to use in re10 porting to the Secretary information concerning disadvan11 taged business enterprise awards, commitments, and 

12 achievements, and such other information as the Secretary 

13 determines appropriate for the proper monitoring of the 

14 disadvantaged business enterprise program. 

15 (f) COMPLIANCE WITH COURT ORDERS.—Nothing in 

16 this section shall limit the eligibility of a person to receive 

17 funds made available under chapter 244, section 24105, 

18 or section 26106 of title 49, United States Code, if the 

19 person is prevented, in whole or in part, from complying 

20 with subsection (b) because a Federal court issues a final 

21 order in which the court finds that the requirement of sub22 section (b) or the program established under subsection 

23 (b) is unconstitutional. 


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1 SEC. 35110. WORKFORCE DEVELOPMENT. 

2 Not later than 1 year after the date of enactment 

3 of this Act, the Secretary of Transportation shall, in con4 sultation with the States, local governments, Amtrak, 

5 freight railroad, and non-profit employee labor organiza6 tions— 

7 (1) complete a study regarding workforce devel8 opment needs in the passenger and freight rail in9 dustry, including what knowledge and skill gaps in 

10 planning, financing, engineering, and operating pas11 senger and freight rail systems exist, to assist in cre12 ating programs to help improve the rail industry; 

13 (2) make recommendations based on the results 

14 of the study; and 

15 (3) report the findings and recommendations to 

16 the Committee on Commerce, Science, and Trans17 portation of the Senate and the Committee on 

18 Transportation and Infrastructure of the House of 

19 Representatives. 

20 SEC. 35111. VETERANS EMPLOYMENT. 

21 Not later than 180 days after the date of enactment 

22 of this Act, the Secretary of Transportation shall— 

23 (1) conduct a study to evaluate the best means 

24 for providing a preference to veterans in the award25 ing of contracts and subcontracts using amounts 


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1 made available under chapter 244, and sections 

2 24105 and 26104 of title 49, United States Code; 

3 (2) make recommendations based on the results 

4 of the study; and 

5 (3) report the findings and recommendations to 

6 the Committee on Commerce, Science, and Trans7 portation of the Senate and the Committee on 

8 Transportation and Infrastructure of the House of 

9 Representatives. 

10 Subtitle B—Amtrak 

11 SEC. 35201. STATE-SUPPORTED ROUTES. 

12 (a) GRANT AVAILABILITY.—In addition to the uses 

13 permitted under section 209(d) of the Passenger Rail In14 vestment and Improvement Act of 2008 (49 U.S.C. 24101 

15 note), a State may use funds provided under section 

16 24406 of title 49, United States Code, to temporarily pay 

17 Amtrak some or all of the operating costs for services 

18 identified under section 24102(5)(D) of title 49, United 

19 States Code, determined under the methodology estab20 lished pursuant to section 209 of the Passenger Rail In21 vestment and Improvement Act of 2008 (49 U.S.C. 24101 

22 note), that exceed— 

23 (1) the operating costs (adjusted for inflation) 

24 that the State paid Amtrak for the same services in 


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1 the year prior to the implementation of section 209 

2 of that Act; or 

3 (2) if the services were not fully State-sup4 ported in that year, the full cost the State would 

5 have paid Amtrak under the State-supported service 

6 costing methodology then in effect. 

7 (b) TRANSITION ASSISTANCE GUIDANCE.—Not later 

8 than 180 days after the Surface Transportation Board de9 termines the appropriate methodology pursuant to section 

10 209 of the Passenger Rail Investment and Improvement 

11 Act of 2008 (49 U.S.C. 24101 note), the Secretary shall 

12 develop a transition assistance guidance that includes— 

13 (1) criteria for phasing-out the temporary oper14 ating assistance under this section not later than 

15 October 1, 2017; 

16 (2) a grant application process that permits— 

17 (A) States to apply for such funds individ18 ually or collectively; and 

19 (B) Amtrak to be considered the grant re20 cipient of such funds upon an agreement be21 tween a State or States and Amtrak; and 

22 (3) policies governing financial terms, repay23 ment conditions, and other terms of financial assist24 ance. 


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1 (c) ELIGIBILITY.—To be eligible for Federal transi2 tion assistance, an intercity passenger rail service shall 

3 provide high-speed or intercity passenger rail revenue op4 eration on routes that are subject to section 209 of the 

5 Passenger Rail Investment and Improvement Act of 2008 

6 (49 U.S.C. 24101 note). 

7 (d) FEDERAL SHARE.—The Federal share of grants 

8 under this paragraph for eligible costs may be up to 100 

9 percent of the total costs under subsection (a). 

10 SEC. 35202. NORTHEAST CORRIDOR INFRASTRUCTURE AND 

11 OPERATIONS ADVISORY COMMISSION. 

12 (a) NORTHEAST CORRIDOR INFRASTRUCTURE AND

13 OPERATIONS ADVISORY COMMISSION IMPROVEMENTS.— 

14 Section 24905 is amended— 

15 (1) by amending the section heading to read as 

16 follows: 

17 ‘‘SEC. 24905. NORTHEAST CORRIDOR INFRASTRUCTURE 

18 AND OPERATIONS ADVISORY COMMISSION 

19 IMPROVEMENTS.’’; 

20 (2) by redesignating subsection (e) as sub21 section (g); 

22 (3) by striking subsections (a), (b), (c), (d), and 

23 (f) and inserting before subsection (g), as redesig24 nated, the following: 


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1 ‘‘(a) NORTHEAST CORRIDOR INFRASTRUCTURE AND

2 OPERATIONS ADVISORY COMMISSION.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Transpor4 tation shall establish a Northeast Corridor Infra5 structure and Operations Advisory Commission (re6 ferred to in this section as the ‘Commission’) to fos7 ter the creation and implementation of a unified, re8 gional, long-term investment strategy for the North9 east Corridor and to promote mutual cooperation 

10 and planning pertaining to the capital investment, 

11 rail operations and related activities of the North12 east Corridor. The Commission shall be made up 

13 of— 

14 ‘‘(A) members representing Amtrak; 

15 ‘‘(B) members representing the Depart16 ment of Transportation, including the Federal 

17 Railroad Administration and the Office of the 

18 Secretary; 

19 ‘‘(C) 1 member from each of the States 

20 (including the District of Columbia) that con21 stitute the Northeast Corridor as defined in sec22 tion 24102, designated by, and serving at the 

23 pleasure of, the chief executive officer thereof; 

24 and 


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1 ‘‘(D) non-voting representatives of freight 

2 railroad carriers using the Northeast Corridor 

3 selected by the Secretary. 

4 ‘‘(2) MEMBERSHIP.—The Secretary shall en5 sure that the membership belonging to any of the 

6 groups enumerated under paragraph (1) shall not 

7 constitute a majority of the Commission’s member8 ships. 

9 ‘‘(3) MEETINGS.—The Commission shall— 

10 ‘‘(A) establish a schedule and location for 

11 convening meetings; 

12 ‘‘(B) meet not less than 4 times per fiscal 

13 year; and 

14 ‘‘(C) develop rules and procedures to gov15 ern the Commission’s proceedings. 

16 ‘‘(4) VACANCIES.—A vacancy in the Commis17 sion shall be filled in the manner in which the origi18 nal appointment was made. 

19 ‘‘(5) TRAVEL EXPENSES.—Members shall serve 

20 without pay but shall receive travel expenses, includ21 ing per diem in lieu of subsistence, in accordance 

22 with sections 5702 and 5703 of title 5. 

23 ‘‘(6) CHAIRPERSON.—The Chairperson of the 

24 Commission shall be elected by the members. 


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1 ‘‘(7) PERSONNEL.—The Commission may ap2 point and fix the pay of such personnel as the Com3 mission considers appropriate. 

4 ‘‘(8) DETAILEES.—Upon request of the Com5 mission, the head of any department or agency of 

6 the United States may detail, on a reimbursable 

7 basis, any of the personnel of that department or 

8 agency to the Commission to assist it in carrying out 

9 its duties under this section. 

10 ‘‘(9) ADMINISTRATIVE SUPPORT.—Upon the re11 quest of the Commission, the Administrator of Gen12 eral Services shall provide to the Commission, on a 

13 reimbursable basis, the administrative support serv14 ices necessary for the Commission to carry out its 

15 responsibilities under this section. 

16 ‘‘(10) CONSULTATION WITH OTHER ENTI17 TIES.—The Commission shall consult with other en18 tities as appropriate. 

19 ‘‘(b) STATEMENT OF GOALS AND RECOMMENDA20 TIONS.— 

21 ‘‘(1) STATEMENT OF GOALS.—The Commission 

22 shall develop a statement of goals concerning the fu23 ture of Northeast Corridor rail infrastructure and 

24 operations based on achieving expanded and im25 proved intercity, commuter, and freight rail services 


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1 operating with greater safety and reliability, reduced 

2 travel times, increased frequencies, and enhanced 

3 intermodal connections designed to address airport 

4 and highway congestion, reduce transportation en5 ergy consumption, improve air quality, and increase 

6 economic development of the Northeast Corridor re7 gion. 

8 ‘‘(2) RECOMMENDATIONS.—The Commission 

9 shall develop recommendations based on the state10 ment of goals developed under this section address11 ing, as appropriate— 

12 ‘‘(A) short-term and long-term capital in13 vestment needs beyond those specified in the 

14 state-of-good-repair plan under section 211 of 

15 the Passenger Rail Investment and Improve16 ment Act of 2008 (49 U.S.C. 24902 note); 

17 ‘‘(B) future funding requirements for cap18 ital improvements and maintenance; 

19 ‘‘(C) operational improvements of intercity 

20 passenger rail, commuter rail, and freight rail 

21 services; 

22 ‘‘(D) opportunities for additional non-rail 

23 uses of the Northeast Corridor; 

24 ‘‘(E) scheduling and dispatching; 

25 ‘‘(F) safety and security enhancements; 


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1 ‘‘(G) equipment design; 

2 ‘‘(H) marketing of rail services; 

3 ‘‘(I) future capacity requirements; and 

4 ‘‘(J) potential funding and financing mech5 anisms for projects of corridor-wide signifi6 cance. 

7 ‘‘(c) NORTHEAST CORRIDOR HIGH SPEED AND

8 INTERCITY SERVICE DEVELOPMENT PLAN.— 

9 ‘‘(1) LONG-RANGE NORTHEAST CORRIDOR

10 SERVICE DEVELOPMENT PLAN.—The Federal Rail11 road Administration, in coordination with the Com12 mission, Amtrak, the States, and other corridor 

13 users, shall complete a long-range Northeast Cor14 ridor Service Development Plan not later than De15 cember 31, 2014. 

16 ‘‘(2) COLLABORATION AND COOPERATION.— 

17 The parties comprising the Commission, acting sepa18 rately and collectively, shall collaborate and cooper19 ate to the maximum extent permitted by law in— 

20 ‘‘(A) the preparation of the service devel21 opment plan; 

22 ‘‘(B) the programmatic environmental re23 view process; and 

24 ‘‘(C) the subsequent requirements required 

25 by the National Environmental Policy Act of 


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1 1969 (42 U.S.C. 4321 et seq.), including the 

2 development of supporting documentation. 

3 ‘‘(d) COMPREHENSIVE LONG-RANGE NORTHEAST

4 CORRIDOR STRATEGY.— 

5 ‘‘(1) IN GENERAL.—Not later than 1 year after 

6 completion of the service development plan under 

7 subsection (c), the Commission shall develop a com8 prehensive long-range strategy for the future high9 speed, intercity, commuter, and freight rail utiliza10 tion of the Northeast Corridor that considers— 

11 ‘‘(A) the statement of goals developed 

12 under subsection (b)(1); 

13 ‘‘(B) the recommendations developed under 

14 subsection (b)(2); 

15 ‘‘(C) the economic development report 

16 under subsection (h); 

17 ‘‘(D) the service development plan and re18 lated alternatives developed through the pro19 grammatic environmental review for the North20 east Corridor; 

21 ‘‘(E) the capital and operating plans of all 

22 entities operating on the Northeast Corridor; 

23 ‘‘(F) improvement programs and service 

24 initiatives planned by corridor owners and 

25 users; 


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1 ‘‘(G) relevant local, State, and Federal 

2 transportation plans; and 

3 ‘‘(H) other plans, as appropriate. 

4 ‘‘(2) STRATEGY COMPONENTS.—The com5 prehensive long-range strategy shall include— 

6 ‘‘(A) a comprehensive program containing 

7 a description and the planned phasing of all 

8 Northeast Corridor improvement programs, in9 vestments, and other anticipated changes; 

10 ‘‘(B) the impacts of the comprehensive 

11 program on: 

12 ‘‘(i) highway and aviation congestion; 

13 ‘‘(ii) economic development; 

14 ‘‘(iii) job creation; and 

15 ‘‘(iv) the environment; 

16 ‘‘(C) the potential financing sources for the 

17 comprehensive program, including Federal, 

18 State, local, and private sector sources; 

19 ‘‘(D) new institutional or other structures 

20 necessary to implement the comprehensive pro21 gram; 

22 ‘‘(E) the types of collaboration, participa23 tion, arrangements, and support between Am24 trak and the Federal Government, the State 

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1 ridor, the commuter rail authorities and freight 

2 railroads that utilize the Northeast Corridor, 

3 the private sector, and others, as appropriate, 

4 that are necessary to achieve the comprehensive 

5 program; and 

6 ‘‘(F) any regulatory or statutory changes 

7 necessary to efficiently advance the comprehen8 sive program. 

9 ‘‘(e) ACCESS COSTS.— 

10 ‘‘(1) DEVELOPMENT OF STANDARDIZED FOR11 MULA.—Not later than September 30, 2013, the 

12 Commission shall— 

13 ‘‘(A) develop a standardized formula for 

14 determining and allocating costs, revenues, and 

15 compensation for Northeast Corridor commuter 

16 rail passenger transportation (as defined in sec17 tion 24102) on the Northeast Corridor main 

18 line between Boston, Massachusetts, and Wash19 ington, District of Columbia, and the Northeast 

20 Corridor branch lines connecting to Harrisburg, 

21 Pennsylvania, Springfield, Massachusetts, and 

22 Spuyten Duyvil, New York, that use Amtrak fa23 cilities or services or that provide such facilities 

24 or services to Amtrak that ensures that— 


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1 ‘‘(i) there is no cross-subsidization of 

2 commuter rail passenger, intercity rail pas3 senger, or freight rail transportation; 

4 ‘‘(ii) each service is assigned the costs 

5 incurred only for the benefit of that serv6 ice, and a proportionate share, based upon 

7 factors that reasonably reflect relative use, 

8 of costs incurred for the common benefit of 

9 more than 1 service; and 

10 ‘‘(iii) all financial contributions made 

11 by an operator of a service that benefit an 

12 infrastructure owner other than the oper13 ator are considered, including any capital 

14 infrastructure investments and in-kind 

15 services; 

16 ‘‘(B) develop a proposed timetable for im17 plementing the formula not later than Decem18 ber 31, 2014; 

19 ‘‘(C) transmit the proposed timetable to 

20 the Surface Transportation Board; and 

21 ‘‘(D) at the request of a Commission mem22 ber, petition the Surface Transportation Board 

23 to appoint a mediator to assist the Commission 

24 members through non-binding mediation to 

25 reach an agreement under this section. 


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1 ‘‘(2) IMPLEMENTATION.—Amtrak and public 

2 authorities providing commuter rail passenger trans3 portation on the Northeast Corridor shall implement 

4 new agreements for usage of facilities or services 

5 based on the standardized formula under paragraph 

6 (1) in accordance with the timetable established 

7 therein. If the entities fail to implement the new 

8 agreements in accordance with the timetable, the 

9 Commission shall petition the Surface Transpor10 tation Board to determine the appropriate com11 pensation amounts for such services under section 

12 24904(c). The Surface Transportation Board shall 

13 enforce its determination on the party or parties in14 volved. 

15 ‘‘(3) REVISIONS.—The Commission may make 

16 necessary revisions to the standardized formula de17 veloped under paragraph (1), including revisions 

18 based on Amtrak’s financial accounting system de19 veloped under section 203 of the Passenger Rail In20 vestment and Improvement Act of 2008 (49 U.S.C. 

21 24101 note). 

22 ‘‘(f) TRANSMISSION OF STATEMENT OF GOALS, REC23 OMMENDATIONS, AND PLANS.—The Commission shall 

24 transmit to the Committee on Commerce, Science, and 

25 Transportation of the Senate and the Committee on 


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1 Transportation and Infrastructure of the House of Rep2 resentatives— 

3 ‘‘(1) not later than 60 days after the date of 

4 enactment of the National Rail System Preservation, 

5 Expansion, and Development Act of 2012, the state6 ment of goals under subsection (b); 

7 ‘‘(2) annually beginning on December 31, 2012, 

8 the recommendations under subsection (b)(2) and 

9 the standardized formula and timetable under sub10 section (e)(1); and 

11 ‘‘(3) the comprehensive long-range strategy 

12 under this section.’’.; and 

13 (4) by inserting after subsection (g), as redesig14 nated, the following 

15 ‘‘(h) REPORT ON NORTHEAST CORRIDOR ECONOMIC

16 DEVELOPMENT.—Not later than September 30, 2013, the 

17 Commission shall transmit a report to the Committee on 

18 Commerce, Science, and Transportation of the Senate and 

19 the Committee on Transportation and Infrastructure of 

20 the House of Representatives on the role of Amtrak’s 

21 Northeast Corridor service between Washington, District 

22 of Columbia, and Boston, Massachusetts, in the economic 

23 development of the Northeast Corridor region. The report 

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1 east Corridor for greater economic development, includ2 ing— 

3 ‘‘(1) improving real estate utilization; 

4 ‘‘(2) improved intercity, commuter, and freight 

5 services; and 

6 ‘‘(3) improving optimum utility utilization. 

7 ‘‘(i) NORTHEAST CORRIDOR SAFETY COMMITTEE.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish a Northeast Corridor Safety Committee com10 posed of members appointed by the Secretary. The 

11 members shall be representatives of— 

12 ‘‘(A) the Department of Transportation, 

13 including the Federal Railroad Administration; 

14 ‘‘(B) Amtrak; 

15 ‘‘(C) freight carriers operating more than 

16 150,000 train miles a year on the main line of 

17 the Northeast Corridor; 

18 ‘‘(D) commuter rail agencies; 

19 ‘‘(E) rail passengers; 

20 ‘‘(F) rail labor; and 

21 ‘‘(G) other individuals and organizations 

22 the Secretary decides have a significant interest 

23 in rail safety or security. 

24 ‘‘(2) FUNCTION; MEETINGS.—The Secretary 

25 shall consult with the Committee about safety and 


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1 security improvements on the Northeast Corridor 

2 main line. The Committee shall meet not less than 

3 2 times per year to consider safety and security mat4 ters on the main line. 

5 ‘‘(3) REPORT.—At the beginning of the first 

6 session of each Congress, the Secretary shall submit 

7 a report to the Commission and to the Committee on 

8 Commerce, Science, and Transportation of the Sen9 ate and the Committee on Transportation and Infra10 structure of the House of Representatives on the 

11 status of efforts to improve safety and security on 

12 the Northeast Corridor main line. The report shall 

13 include the safety and security recommendations of 

14 the Committee and the comments of the Secretary 

15 on those recommendations.’’. 

16 (b) CONFORMING AMENDMENT.—The table of con17 tents for chapter 249 is amended by striking the item re18 lating to section 24905 and inserting the following: 

‘‘24905. Northeast corridor infrastructure and operations advisory commission 

improvements.’’. 

19 SEC. 35203. NORTHEAST CORRIDOR HIGH-SPEED RAIL IM20 PROVEMENT PLAN. 

21 (a) PLANS.—Not later than 180 days after the date 

22 of enactment of this Act, Amtrak shall— 


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1 (1) complete a refined vision for an integrated 

2 program of improvements on the Northeast Corridor 

3 that will result in, by 2040— 

4 (A) the development and operation of a 

5 new high-speed rail system capable of high ca6 pacity, 200 mile-per-hour or greater operation 

7 between Washington, District of Columbia and 

8 Boston, Massachusetts; 

9 (B) the completion of the improvements 

10 identified in the Northeast Corridor Infrastruc11 ture Master Plan published by Amtrak on May 

12 19, 2010; and 

13 (C) the continued operation of existing and 

14 currently planned intercity, commuter, and 

15 freight services utilizing the Northeast Corridor 

16 during the implementation of the program; and 

17 (2) complete a business and financing plan to 

18 achieve the program under paragraph (1) that iden19 tifies the estimated— 

20 (A) benefits and costs of the program, in21 cluding ridership, revenues, capital and oper22 ating costs, and cash flow projections; 

23 (B) implementation schedule, including the 

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1 ments that maximize the benefits and support 

2 the ultimate completion of the program; 

3 (C) potential financing sources for the pro4 gram, including Federal, State, local, and pri5 vate sector sources; and 

6 (D) organization changes, new institutional 

7 or corporate arrangements, partnerships, pro8 curement techniques, and other structures nec9 essary to implement the program. 

10 (b) SUPPORT.—The Secretary of Transportation 

11 shall provide appropriate support, assistance, oversight, 

12 and guidance to Amtrak during the preparation of the 

13 plans under subsection (a). 

14 (c) SUBMISSION.—Amtrak shall submit the refined 

15 vision and an appropriate elements of the business and 

16 financing plan to the Federal Railroad Administration and 

17 the Northeast Corridor Infrastructure and Operations Ad18 visory Commission for use in the development of the 

19 Northeast Corridor High Speed and Intercity Service De20 velopment Plan and the Comprehensive Long-Range 

21 Northeast Corridor Strategy. 

22 (d) HIGH-SPEED RAIL EQUIPMENT.—The Secretary 

23 of Transportation shall not preclude the use of Federal 

24 funds made available to purchase rolling stock to purchase 

25 any equipment used for ‘‘high-speed rail’’ (as defined in 


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1 section 26106(b)(4) of title 49, United States Code) that 

2 otherwise complies with all applicable Federal standards. 

3 SEC. 35204. NORTHEAST CORRIDOR ENVIRONMENTAL RE4 VIEW PROCESS. 

5 (a) NORTHEAST CORRIDOR.—Not later than 90 days 

6 after the date of enactment of this Act, the Secretary shall 

7 complete a plan and a schedule for the completion of the 

8 programmatic environmental review for the Northeast 

9 Corridor. The schedule shall require the completion of the 

10 programmatic environmental review for the Northeast 

11 Corridor not later than 3 years after the date of enactment 

12 of this Act. 

13 (b) COORDINATION WITH THE NORTHEAST COR14 RIDOR INFRASTRUCTURE AND OPERATIONS ADVISORY

15 COMMISSION.—The Federal Railroad Administration shall 

16 closely coordinate the programmatic environmental review 

17 process with the Northeast Corridor Infrastructure and 

18 Operations Advisory Commission. 

19 SEC. 35205. DELEGATION AUTHORITY. 

20 (a) DELEGATION OF AUTHORITY.—In carrying out 

21 programmatic or project level environmental reviews for 

22 high speed and intercity passenger rail programs, projects, 

23 or services, the Secretary may delegate to Amtrak any or 

24 all of the Secretary’s authority and responsibility under 

25 the National Environmental Policy Act of 1969 (42 U.S.C. 


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1 4321 et seq.), section 106 of the National Historic Preser2 vation Act of 1966 (16 U.S.C. 470f), section 4(f) of the 

3 Department of Transportation Act (80 Stat. 934), section 

4 404 of the Federal Water Pollution Control Act (33 

5 U.S.C. 1344), and section 7 of the Endangered Species 

6 Act of 1973 (16 U.S.C. 1536), and may provide to Amtrak 

7 any related funding provided to the Secretary for such 

8 purposes as the Secretary deems necessary if— 

9 (1) Amtrak agrees in writing to assume the del10 egated authority and responsibility; 

11 (2) Amtrak has or can obtain sufficient re12 sources or the Secretary provides such resources to 

13 Amtrak to appropriately carry out such authority or 

14 responsibility; and 

15 (3) delegating the authority and responsibility 

16 will improve the quality or timeliness of the environ17 mental review. 

18 SEC. 35206. AMTRAK INSPECTOR GENERAL. 

19 (a) IN GENERAL.—Chapter 243 is amended by add20 ing after section 24316 the following: 

21 ‘‘§ 24317. Inspector general 

22 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Office of the In24 spector General of Amtrak the following amounts: 

25 ‘‘(1) For fiscal year 2009, $20,000,000. 


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1 ‘‘(2) For fiscal year 2010, $21,000,000. 

2 ‘‘(3) For fiscal year 2011, $22,000,000. 

3 ‘‘(4) For fiscal year 2012, $22,000,000. 

4 ‘‘(5) For fiscal year 2013, $23,000,000. 

5 ‘‘(b) AUTHORITY.— 

6 ‘‘(1) IN GENERAL.—The Inspector General of 

7 Amtrak shall have the authority available to other 

8 Inspectors General, as necessary in carrying out the 

9 duties specified in the Inspector General Act 1978 

10 (5 U.S.C. App. 3), to investigate any alleged viola11 tion of sections 286, 287, 371, 641, 1001, 1002 and 

12 1516 of title 18. 

13 ‘‘(2) AGENCY.—Solely for purposes of sections 

14 286, 287, 371, 641, 1001, 1002, and 1516 of title 

15 18, Amtrak and the Amtrak Office of the Inspector 

16 General, shall be considered a corporation in which 

17 the United States has a proprietary interest as set 

18 forth in section 6 of such title. 

19 ‘‘(c) FALSE CLAIMS.—Claims made or presented to 

20 Amtrak shall be considered as claims under section 

21 3729(b)(2)(A)(ii) of title 31. Statements made or pre22 sented to Amtrak shall be considered as statements under 

23 subparagraphs (B) and (G) of section 3729(a)(1) of such 

24 title. 


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1 ‘‘(d) LIMITATION.—Subsections (b) and (c) shall be 

2 effective only with respect to a fiscal year for which Am3 trak receives a Federal subsidy. 

4 ‘‘(e) QUALIFIED IMMUNITY.— 

5 ‘‘(1) IN GENERAL.—An employee of the Amtrak 

6 Office of Inspector General shall enjoy the same per7 sonal qualified immunity from lawsuit or liability as 

8 the employees of the Department of Transportation 

9 Office of Inspector General with respect to the per10 formance of investigative, audit, inspection, or eval11 uation functions authorized under the Inspector 

12 General Act of 1978 (5 U.S.C. App.) that are car13 ried out for the Amtrak Office of Inspector General. 

14 ‘‘(2) FEDERAL GOVERNMENT LIABILITY.—No 

15 liability of any kind shall attach to or rest upon the 

16 United States for any damages from or by any ac17 tions of the Amtrak Office of Inspector General, its 

18 employees, agents, or representatives. 

19 ‘‘(f) SERVICES.—Amtrak and the Inspector General 

20 of Amtrak may obtain services under sections 502(a) and 

21 602 of title 40, including travel programs, from the Ad22 ministrator of General Services. The Administrator of 

23 General Services shall provide services under sections 

24 502(a) and 602 of title 40, to Amtrak and the Inspector 

25 General.’’. 


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1 (b) MANAGEMENT ASSESSMENT.—Section 24310 is 

2 amended to read as follows: 

3 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

4 date of enactment of the Passenger Rail Investment and 

5 Improvement Act of 2008 (122 Stat. 4907) and 2 years 

6 thereafter— 

7 ‘‘(1) the Inspector General of the Department 

8 of Transportation shall complete an overall assess9 ment of the progress made by the Department of 

10 Transportation in implementing the provisions of 

11 that Act; and 

12 ‘‘(2) the Inspector General of Amtrak shall 

13 complete an overall assessment of the progress made 

14 by Amtrak management in implementing the provi15 sions of the Passenger Rail Investment and Im16 provement Act of 2008 (122 Stat. 4907). 

17 ‘‘(b) ASSESSMENT.—The management assessment by 

18 the Amtrak Inspector General may include a review of— 

19 ‘‘(1) the effectiveness in improving annual fi20 nancial planning; 

21 ‘‘(2) the effectiveness in improving financial ac22 counting; 

23 ‘‘(3) Amtrak management’s efforts to imple24 ment minimum train performance standards; 


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1 ‘‘(4) Amtrak management’s progress toward 

2 maximizing revenues, minimizing Federal subsidies, 

3 and improving financial results; and 

4 ‘‘(5) any other aspect of Amtrak operations 

5 that the Amtrak Inspector General finds appro6 priate.’’. 

7 (c) INSPECTOR GENERAL POLICIES AND PROCE8 DURES.—The Amtrak Inspector General and Amtrak 

9 shall— 

10 (1) continue to follow the policies and proce11 dures for interacting with one another in a manner 

12 that is consistent with the Inspector General Act of 

13 1978 (5 U.S.C. App.), as approved by the Council 

14 of the Inspectors General on Integrity and Effi15 ciency; and 

16 (2) work toward establishing proper protocols 

17 and firewalls to maintain the Amtrak Inspector Gen18 eral’s independence, as appropriate. 

19 (d) IMPROVEMENTS.—The Amtrak Inspector General 

20 and Amtrak shall identify any funding needs and author21 ity improvements necessary to effectuate the policies, pro22 cedures, protocols, and firewalls under subsection (c) and 

23 submit a report of the necessary funding and authority 

24 improvements as part of their annual budget requests. 


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1 (e) TECHNICAL AMENDMENT.—Section 101 of the 

2 Passenger Rail Investment and Improvement Act of 2008 

3 (122 Stat. 4907), is amended by striking subsection (b) 

4 and inserting the following: 

5 ‘‘(b) [Reserved].’’. 

6 (f) CLERICAL AMENDMENT.—The table of contents 

7 for chapter 243 is amended by adding at the end the fol8 lowing: 

‘‘24317. Inspector General.’’. 

9 SEC. 35207. COMPENSATION FOR PRIVATE-SECTOR USE OF 

10 FEDERALLY-FUNDED ASSETS. 

11 If capital assets that are owned by a public entity 

12 or Amtrak built or improved with Federal funds author13 ized under subtitle V of title 49, United States Code, are 

14 made available for exclusive use by a for-profit entity, ex15 cept for an entity owned or controlled by the Department 

16 of Transportation, for the purpose of providing intercity 

17 passenger rail service, the Secretary may require, as ap18 propriate, that the for-profit entity provide adequate com19 pensation, as determined by the Secretary, to the United 

20 States for the use of the capital assets in an amount that 

21 reflects the benefit of the Federal funding to the for-profit 

22 entity. 

23 SEC. 35208. ON-TIME PERFORMANCE. 

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1 secutive calendar quarters and the failure to meet such 

2 performance levels is solely the responsibility of the host 

3 railroad, Amtrak shall not pay the host railroad any incen4 tive payments for on time performance of the subject 

5 intercity passenger train during such calendar quarters. 

6 SEC. 35209. BOARD OF DIRECTORS. 

7 Section 24302(a)(3) is amended by striking ‘‘5’’ the 

8 second place it appears and inserting ‘‘4’’. 

9 SEC. 35210. AMTRAK. 

10 Section 24305(f) of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(5) The requirements under this subsection 

13 shall apply to all contracts eligible for assistance 

14 under this chapter for a project carried out within 

15 the scope of the applicable finding, determination, or 

16 decision under the National Environmental Policy 

17 Act of 1969 (42 U.S.C. 4321 et seq.), regardless of 

18 the funding source of such contracts, if at least 1 

19 contract for the project is funded with amounts 

20 made available to carry out this chapter.’’. 

21 Subtitle C—Rail Safety 

22 Improvements 

23 SEC. 35301. POSITIVE TRAIN CONTROL. 

24 (a) REVIEW AND APPROVAL.—Section 20157(c) is 

25 amended to read as follows: 


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1 ‘‘(c) REVIEW AND APPROVAL.— 

2 ‘‘(1) REVIEW.—Not later than 90 days after 

3 the Secretary receives a proposed plan, the Secretary 

4 shall review and approve or disapprove it. If a pro5 posed plan is not approved, the Secretary shall no6 tify the affected railroad carrier or other entity as 

7 to the specific deficiencies in the proposed plan. The 

8 railroad carrier or other entity shall correct the defi9 ciencies not later than 30 days after receipt of the 

10 written notice. 

11 ‘‘(2) AMENDMENTS.—The Secretary shall re12 view any amendments to a plan in the time frame 

13 required by section (1). 

14 ‘‘(3) ANNUAL REVIEW.—The Secretary shall 

15 conduct an annual review to ensure that each rail16 road carrier and entity is complying with its plan, 

17 including a railroad carrier or entity that elects to 

18 fully implement a positive train control system prior 

19 to the required deadline.’’. 

20 (b) REPORT CRITERIA.—Section 20157(d) is amend21 ed to read as follows: 

22 ‘‘(d) REPORT.—Not later than June 30, 2012, the 

23 Secretary shall submit a report to the Committee on Com24 merce, Science, and Transportation of the Senate and the 

25 Committee on Transportation and Infrastructure of the 


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1 House of Representatives on the progress of the railroad 

2 carriers in implementing the positive train control sys3 tems, including— 

4 ‘‘(1) the likelihood that each railroad will meet 

5 the December 31, 2015 deadline; 

6 ‘‘(2) the obstacles to each railroad’s successful 

7 implementation, including the obstacles identified in 

8 the General Accountability Office’s report issued on 

9 December 15, 2010, and titled ‘Rail Safety: Federal 

10 Railroad Administration Should Report on Risks to 

11 Successful Implementation of Mandated Safety 

12 Technology’ (GAO–11–133); and 

13 ‘‘(3) the actions that Congress, railroads, rel14 evant Federal entities, and other stakeholders can 

15 take to mitigate obstacles to successful implementa16 tion.’’. 

17 (c) EXTENSION AUTHORITY.—Section 20157 is 

18 amended— 

19 (1) by redesignating subsections (h) and (i) as 

20 subsections (i) and (j), respectively; and 

21 (2) by inserting after subsection (g) the fol22 lowing: 

23 ‘‘(h) EXTENSION.— 

24 ‘‘(1) IN GENERAL.—After completing the report 

25 under subsection (d), the Secretary may extend in 1 


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1 year increments, upon application, the implementa2 tion deadline, if the Secretary— 

3 ‘‘(A) determines that— 

4 ‘‘(i) full implementation will likely be 

5 infeasible due to circumstances beyond the 

6 control of the applicant, including funding 

7 availability, spectrum acquisition, resource 

8 and technology availability, and interoper9 ability standards; 

10 ‘‘(ii) the applicant has demonstrated 

11 good faith in its positive train control im12 plementation; 

13 ‘‘(iii) the applicant has presented a re14 vised positive train control implementation 

15 plan indicating how it will fully implement 

16 positive train control as soon as feasible, 

17 and not later than December 31, 2018; 

18 and 

19 ‘‘(iv) such extension will not extend 

20 beyond December 31, 2018; and 

21 ‘‘(B) takes into consideration— 

22 ‘‘(i) whether the affected areas of 

23 track have been identified as areas of 

24 greater risk to the public and railroad em25 ployees in the applicant’s positive train 


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1 control implementation plan under section 

2 236.1011(a)(4) of title 49, Code of Federal 

3 Regulations; and 

4 ‘‘(ii) the risk of operational failure to 

5 the affected service areas and the appli6 cant. 

7 ‘‘(2) APPLICATION REVIEW.—The Secretary 

8 shall review an application submitted pursuant to 

9 paragraph (1) and approve or disapprove the appli10 cation not later than 10 days after the application 

11 is received.’’. 

12 (d) APPLICABILITY.—Section 20157 is amended by 

13 striking ‘‘transported;’’ in subsection (a)(1)(B) and insert14 ing ‘‘transported on or after December 31, 2015;’’. 

15 SEC. 35302. ADDITIONAL ELIGIBILITY FOR RAILROAD RE16 HABILITATION AND IMPROVEMENT FINANC17 ING. 

18 (a) POSITIVE TRAIN CONTROL SYSTEMS.—Section 

19 502(b)(1) of the Railroad Revitalization and Regulatory 

20 Reform Act of 1976 (45 U.S.C. 822(b)(1)), is amended— 

21 (1) in subparagraph (B) by striking ‘‘or’’; 

22 (2) in subparagraph (C) by striking ‘‘facilities.’’ 

23 and inserting ‘‘facilities; or’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(D) implement a positive train control 

2 system, as required by section 20157 of title 

3 49, United States Code.’’. 

4 (b) POSITIVE TRAIN CONTROL COLLATERAL.—Sec5 tion 502(h)(2) of the Railroad Revitalization and Regu6 latory Reform Act of 1976 (45 U.S.C. 822(h)(2)), is 

7 amended by adding at the end the following: 

8 ‘‘For purposes of making a finding under sub9 section (g)(4) for a loan for positive train control, 

10 the total cost of the labor and materials associated 

11 with installing positive train control shall be deemed 

12 to be equal to the collateral value of that asset.’’. 

13 SEC. 35303. FCC STUDY OF SPECTRUM AVAILABILITY. 

14 (a) SPECTRUM NEEDS ASSESSMENT.—Not later than 

15 120 days after the date of enactment of this Act, the Sec16 retary of Transportation and the Chairman of the Federal 

17 Communications Commission shall coordinate to assess 

18 spectrum needs and availability for implementing positive 

19 train control systems, as defined in section 20157 of title 

20 49, United States Code. In conducting the spectrum needs 

21 assessment, the Secretary and the Chairman shall— 

22 (1) evaluate the information provided in the 

23 Federal Communications Commission WT–11–79 

24 proceeding; 


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1 (2) evaluate the positive train control imple2 mentations plans and any subsequent amendments 

3 or waivers to those plans provided to the Federal 

4 Railroad Administration; and 

5 (3) evaluate individual railroad spectrum de6 mand studies. 

7 (b) RECOMMENDATIONS.—Not later than 90 days 

8 after the completion of the spectrum needs assessment 

9 under subsection (a), the Secretary and the Chairman 

10 shall submit a plan to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the Com12 mittee on Transportation and Infrastructure of the House 

13 of Representatives, for approximate resolution to any 

14 issues that may prevent railroad carriers or entities from 

15 complying with the December 31, 2015, positive train con16 trol implementation deadline. 

17 Subtitle D—Freight Rail 

18 SEC. 35401. RAIL LINE RELOCATION. 

19 Section 20154 is amended— 

20 (1) in subsection (b)— 

21 (A) by striking ‘‘either’’; 

22 (B) by striking ‘‘or’’ at the end of para23 graph (1); 

24 (C) by striking the period at the end of 

25 paragraph (2) and inserting ‘‘; or’’; and 


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1 (D) by adding at the end the following: 

2 ‘‘(3) involves a lateral or vertical relocation of 

3 any portion of a road.’’; 

4 (2) in subsection (e)(1), by striking ‘‘10’’ and 

5 inserting ‘‘20’’; and 

6 (3) in subsection (h)(3), by inserting ‘‘a public 

7 agency,’’ after ‘‘of a State,’’. 

8 SEC. 35402. COMPILATION OF COMPLAINTS. 

9 (a) IN GENERAL.—Section 704 is amended— 

10 (1) by striking the section heading and insert11 ing the following: 

12 ‘‘§ 704. Reports’’; 

13 (2) by inserting ‘‘(a) ANNUAL REPORT.—’’ be14 fore ‘‘The Board’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(b) COMPLAINTS.— 

17 ‘‘(1) IN GENERAL.—The Board shall establish 

18 and maintain a database of complaints received by 

19 the Board. 

20 ‘‘(2) QUARTERLY REPORT.—The Board shall 

21 post a quarterly report of formal and informal serv22 ice complaints received by the Board during the pre23 vious quarter that includes— 

24 ‘‘(A) a list of the type of each complaint; 


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1 ‘‘(B) the geographic region of the com2 plaint; and 

3 ‘‘(C) the resolution of the complaint, if ap4 propriate. 

5 ‘‘(3) WRITTEN CONSENT.—The quarterly report 

6 may identify a complainant that submitted an infor7 mal complaint only upon the written consent of the 

8 complainant. 

9 ‘‘(4) WEBSITE POSTING.—The report shall be 

10 posted on the Board’s public website.’’. 

11 (b) CONFORMING AMENDMENT.—The table of con12 tents for chapter 7 is amended by striking the item relat13 ing to section 704 and inserting the following: 

‘‘704. Reports.’’. 

14 SEC. 35403. MAXIMUM RELIEF IN CERTAIN RATE CASES. 

15 (a) IN GENERAL.—The Surface Transportation 

16 Board shall revise the maximum amount of rate relief 

17 available to railroad shippers in cases brought pursuant 

18 to the method developed under section 10701(d)(3) of title 

19 49, United States Code, as that section existed as of the 

20 date of enactment of this Act, to be as follows: 

21 (1) $1,500,000 in a rate case brought using the 

22 Surface Transportation Board’s ‘‘three-benchmark’’ 

23 procedure. 


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1 (2) $10,000,000 in a rate case brought using 

2 the Surface Transportation Board’s ‘‘simplified 

3 stand-alone cost’’ procedure. 

4 (b) PERIODIC REVIEW.—The Board shall periodically 

5 review the amounts established by subsection (a) and re6 vise the amounts, as appropriate. 

7 SEC. 35404. RATE REVIEW TIMELINES. 

8 In stand-alone cost rate challenges, the Surface 

9 Transportation Board shall comply with the following 

10 timelines unless it extends them, after a request from any 

11 party or in the interest of due process: 

12 (1) For discovery, 150 days after the date on 

13 which the challenge is initiated. 

14 (2) For development of the evidentiary record, 

15 155 days after that date. 

16 (3) For submission of parties’ closing briefs, 60 

17 days after that date. 

18 (4) For a final Board decision, 180 days after 

19 the date on which the parties submit closing briefs. 

20 SEC. 35405. REVENUE ADEQUACY STUDY. 

21 (a) REVENUE ADEQUACY STUDY.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of enactment of this Act, the Surface 

24 Transportation Board shall initiate a study to proVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01408 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 vide further guidance on how it will apply its rev2 enue adequacy constraint. 

3 (2) CONSIDERATIONS.—In conducting the 

4 study, the Surface Transportation Board shall con5 sider whether to apply the revenue adequacy con6 strain using replacement costs to value the assets of 

7 rail facilities and equipment. 

8 (b) PUBLIC NOTICE.—In conducting the study under 

9 subsection (a), the Surface Transportation Board shall— 

10 (1) provide public notice; 

11 (2) an opportunity for comment; and 

12 (3) conduct 1 or more public hearings. 

13 (c) REPORT.—Not later than 60 days after the study 

14 under subsection (a) is complete, the Surface Transpor15 tation Board shall submit the findings of the study to the 

16 Commerce, Science, and Transportation Committee of the 

17 Senate and the Transportation and Infrastructure Com18 mittee of the House of Representatives. 

19 SEC. 35406. QUARTERLY REPORTS. 

20 Not later than 60 days after the date of enactment 

21 of this Act, the Surface Transportation Board shall pro22 vide quarterly reports to the Commerce, Science, and 

23 Transportation Committee of the Senate and the Trans24 portation and Infrastructure Committee of the House of 

25 Representatives on the Surface Transportation Board’s 


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1 progress toward addressing issues raised in unfinished 

2 regulatory proceedings, regardless of whether a proceeding 

3 is subject to a statutory or regulatory deadline. 

4 SEC. 35407. WORKFORCE REVIEW. 

5 (a) IN GENERAL.—Not later than 180 days after the 

6 date of enactment of this Act, the Chairman of the Sur7 face Transportation Board, in consultation with the Direc8 tor of the Office of Personnel Management, shall conduct 

9 a review of the Surface Transportation Board workforce 

10 to assist in the development of a comprehensive, long-term 

11 human capital improvement plan. 

12 (b) PLAN.—Not later than 180 days after the review 

13 under subsection (a) is complete, the Chairman shall de14 velop a comprehensive, long-term human capital improve15 ment plan for Surface Transportation Board personnel to 

16 identify— 

17 (1) the optimal workforce size of the Surface 

18 Transportation Board to address its current and fu19 ture program needs; 

20 (2) the hiring, training, managing, and com21 pensation needs to recruit and retain qualified per22 sonnel, including experts to assess long-standing and 

23 emerging railroad industry trends; 

24 (3) the means for improving the current organi25 zational structure and workforce to most efficiently 


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1 execute the Surface Transportation Board’s mission; 

2 and 

3 (4) any recommendations for potential coordi4 nation with colleges, universities, or other non-profit 

5 organizations for training programs to support 

6 workforce development. 

7 (c) REPORT.—The Chairman shall submit the plan 

8 to the Committee on Commerce, Science, and Transpor9 tation of the Senate and the Committee on Transportation 

10 and Infrastructure of the House of Representatives. 

11 SEC. 35408. RAILROAD REHABILITATION AND IMPROVE12 MENT FINANCING. 

13 (a) CONDITIONS OF ASSISTANCE.—Section 502(h)(2) 

14 of the Railroad Revitalization and Regulatory Reform Act 

15 of 1976 (45 U.S.C. 822(h)(2)), as amended by section 

16 36302 of this Act, is amended by adding at the end the 

17 following: 

18 ‘‘The Secretary shall accept, for the purpose of mak19 ing a finding with regard to adequate collateral for a pub20 lic entity, the net present value on a future stream of State 

21 or local subsidy income or a dedicated revenue as collateral 

22 offered to secure a loan.’’. 

23 (b) ELIGIBLE PURPOSES.—Section 502(b)(1) of the 

24 Railroad Revitalization and Regulatory Reform Act of 


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1 1976 (45 U.S.C. 822(b)(1)), as amended by section 36302 

2 of this Act, is further amended— 

3 (1) by striking ‘‘or’’ at the end of subparagraph 

4 (C); 

5 (2) by striking the period at the end of sub6 paragraph (D) and inserting ‘‘; or’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(E) conduct preliminary engineering, en9 vironmental review, permitting, or other pre10 construction activities.’’. 

11 (c) STUDY.—The Secretary shall submit a report to 

12 the Committee on Commerce, Science, and Transportation 

13 of the Senate and the Committee on Transportation and 

14 Infrastructure of the House of Representatives detailing 

15 recommendations for improving the Railroad Rehabilita16 tion and Improvement Financing program administration, 

17 including timely processing of applications, expansion of 

18 eligibilities, and other issues that impede passenger and 

19 rail carriers from utilizing the program. 

20 Subtitle E—Technical Corrections 

21 SEC. 35501. TECHNICAL CORRECTIONS. 

22 (a) RAIL SAFETY IMPROVEMENT ACT OF 2008.— 

23 (1) The table of contents in section 1(b) of the 

24 Rail Safety Improvement Act of 2008 (122 Stat. 

25 4848) is amended— 


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1 (A) by striking the item relating to section 

2 201 and inserting the following: 

‘‘Sec. 201. Pedestrian safety at or near railroad passenger stations.’’; and 

3 (B) by striking the item relating to section 

4 403 and inserting the following: 

‘‘Sec. 403. Study and rulemaking on track inspection time; rulemaking on concrete crossties.’’. 

5 (2) Section 2(a)(1) of the Rail Safety Improve6 ment Act of 2008 (49 U.S.C. 20102 note), is 

7 amended by inserting a comma after ‘‘railroad 

8 tracks at grade’’. 

9 (3) Section 102(a) of the Rail Safety Improve10 ment Act of 2008 (49 U.S.C. 20101 note), is 

11 amended— 

12 (A) by striking ‘‘, at a minimum,’’; 

13 (B) in paragraph (1), by inserting a 

14 comma after ‘‘railroads’’; and 

15 (C) by amending paragraph (6) to read as 

16 follows: 

17 ‘‘(6) Improving the safety of railroad bridges, 

18 tunnels, and related infrastructure to prevent acci19 dents, incidents, injuries, and fatalities caused by 

20 catastrophic and other failures of such infrastruc21 ture.’’. 

22 (4) Section 108(f)(1) of the Rail Safety Im23 provement Act of 2008 (49 U.S.C. 21101 note), is 


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1 amended by striking ‘‘requirements for record2 keeping and reporting for Hours of Service of Rail3 road Employees’’ and inserting ‘‘requirements for 

4 record keeping and reporting for hours of service of 

5 railroad employees’’. 

6 (5) Section 201 of the Rail Safety Improvement 

7 Act of 2008 (49 U.S.C. 20134 note), is amended— 

8 (A) in the section heading, by striking 

9 ‘‘PEDESTRIAN CROSSING SAFETY.’’ and in10 serting ‘‘PEDESTRIAN SAFETY AT OR NEAR

11 RAILROAD PASSENGER STATIONS.’’; 

12 (B) by striking ‘‘strategies and methods to 

13 prevent pedestrian accidents, incidents, injuries, 

14 and fatalities at or near passenger stations, in15 cluding’’ and inserting ‘‘strategies and methods 

16 to prevent train-related accidents, incidents, in17 juries, and fatalities that involve a pedestrian at 

18 or near a railroad passenger station, including’’; 

19 and 

20 (C) in paragraph (1) by striking ‘‘at rail21 road passenger stations’’. 

22 (6) Section 206(a) of the Rail Safety Improve23 ment Act of 2008 (49 U.S.C. 22501 note), is 

24 amended by striking ‘‘Public Service AnnounceVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01414 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ments’’ and inserting ‘‘public service announce2 ments’’. 

3 (7) Section 403 of the Rail Safety Improvement 

4 Act of 2008 (49 U.S.C. 20142 note), is amended— 

5 (A) in the section heading, by striking 

6 ‘‘TRACK INSPECTION TIME STUDY.’’ and in7 serting ‘‘STUDY AND RULEMAKING ON

8 TRACK INSPECTION TIME; RULEMAKING

9 ON CONCRETE CROSSTIES.’’; and 

10 (B) in subsection (d)— 

11 (i) by striking ‘‘CROSS TIES’’ in the 

12 subsection heading and inserting ‘‘CROSS13 TIES’’; 

14 (ii) by striking ‘‘cross ties’’ and in15 serting ‘‘crossties’’; and 

16 (iii) in paragraph (2), by striking 

17 ‘‘cross tie’’ and inserting ‘‘crosstie’’. 

18 (8) Section 405 of the Rail Safety Improvement 

19 Act of 2008 (49 U.S.C. 20103 note), is amended— 

20 (A) in subsection (a), by striking ‘‘cell 

21 phones’’ and inserting ‘‘cellular telephones’’; 

22 and 

23 (B) in subsection (d)— 

24 (i) by striking ‘‘of Transportation’’; 

25 and 


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1 (ii) by striking ‘‘cell phones’’ and in2 serting ‘‘cellular telephones’’. 

3 (9) Section 411(a) of the Rail Safety Improve4 ment Act of 2008 (49 U.S.C. 5103 note), is amend5 ed— 

6 (A) by striking ‘‘5101(a)’’ and inserting 

7 ‘‘5105(a)’’; and 

8 (B) by striking ‘‘5101(b)’’ and inserting 

9 ‘‘5105(b)’’. 

10 (10) Section 412 of the Rail Safety Improve11 ment Act of 2008 (49 U.S.C. 20140 note), is 

12 amended by striking ‘‘of Transportation’’. 

13 (11) Section 414(2) of the Rail Safety Improve14 ment Act of 2008 (49 U.S.C. 20103 note), is 

15 amended— 

16 (A) by striking ‘‘parts’’ and inserting ‘‘sec17 tions’’; and 

18 (B) by striking ‘‘part’’ and inserting ‘‘sec19 tion’’. 

20 (12) Section 416 of the Rail Safety Improve21 ment Act of 2008 (49 U.S.C. 20107 note), is 

22 amended— 

23 (A) by striking ‘‘of Transportation’’; 


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1 (B) in paragraphs (3) and (4), by striking 

2 ‘‘Federal Railroad Administration’’ and insert3 ing ‘‘Secretary’’; and 

4 (C) in paragraph (4), by striking ‘‘sub5 section’’ and inserting ‘‘section’’. 

6 (13) Section 417(c) of the Rail Safety Improve7 ment Act of 2008 (49 U.S.C. 20103 note), is 

8 amended by striking ‘‘each railroad’’ and inserting 

9 ‘‘each railroad carrier’’. 

10 (14) Section 503 of the Rail Safety Improve11 ment Act of 2008 (49 U.S.C. 1139 note), is amend12 ed— 

13 (A) in subsection (a), by striking ‘‘rail ac14 cidents’’ and inserting ‘‘rail passenger acci15 dents’’; 

16 (B) in subsection (b)— 

17 (i) by striking ‘‘passenger rail acci18 dents’’ and inserting ‘‘rail passenger acci19 dents’’; and 

20 (ii) by striking ‘‘passenger rail acci21 dent’’ each place it appears and inserting 

22 ‘‘rail passenger accidents’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(d) DEFINITIONS.—In this section, the terms ‘pas25 senger’, ‘rail passenger accident’, and ‘rail passenger carVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01417 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 rier’ have the meanings given the terms in section 1139 

2 of title 49, United States Code.’’ 

3 ‘‘(e) FUNDING.—Out of the funds appropriated pur4 suant to section 20117(a)(1)(A) of title 49, United States 

5 Code, there shall be made available to the Secretary of 

6 Transportation $500,000 for fiscal year 2009 to carry out 

7 this section. Amounts made available pursuant to this sub8 section shall remain available until expended.’’. 

9 (b) PASSENGER RAIL INVESTMENT AND IMPROVE10 MENT ACT OF 2008.— 

11 (1) Section 206(a) of the Passenger Rail In12 vestment and Improvement Act of 2008 (49 U.S.C. 

13 24101 note), is amended by inserting ‘‘of this divi14 sion’’ after ‘‘302’’. 

15 (2) Section 211 of the Passenger Rail Invest16 ment and Improvement Act of 2008 (49 U.S.C. 

17 24902 note), is amended— 

18 (A) in subsection (d), by inserting ‘‘of this 

19 division’’ after ‘‘101(c)’’; and 

20 (B) in subsection (e), by inserting ‘‘of this 

21 division’’ after ‘‘101(d)’’. 

22 (c) TITLE 49 OF THE UNITED STATE CODE.— 

23 (1) Section 1139 is amended— 


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1 (A) in subsection (a)(1), by striking 

2 ‘‘phone number’’ and inserting ‘‘telephone num3 ber’’; 

4 (B) in subsection (a)(2), by striking ‘‘post 

5 trauma’’ and inserting ‘‘post-trauma’’; 

6 (C) in subsections (h)(1)(A) and 

7 (h)(2)(A)— 

8 (i) by striking ‘‘interstate’’; and 

9 (ii) by striking ‘‘such term is’’; 

10 (D) in subsection (g)(1), by striking 

11 ‘‘board’’ in the heading and inserting ‘‘BOARD’’; 

12 (E) in subsections (h)(1)(B) and 

13 (h)(2)(B)— 

14 (i) by striking ‘‘interstate or intra15 state’’; and 

16 (ii) by striking ‘‘such term is’’; 

17 (F) in subsection (j)(1)— 

18 (i) by striking ‘‘(other than subsection 

19 (g))’’ and inserting ‘‘(except for sub20 sections (g) and (k))’’; and 

21 (ii) by striking ‘‘railroad passenger ac22 cident’’ and inserting ‘‘rail passenger acci23 dent’’; and 


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1 (G) in subsection (j)(2), by striking ‘‘rail2 road passenger accident’’ and inserting ‘‘rail 

3 passenger accident’’. 

4 (2) Section 10909(b) is amended— 

5 (A) by striking ‘‘Railroad’’ and inserting 

6 ‘‘Railroads’’; and 

7 (B) in paragraph (2), by inserting a 

8 comma after ‘‘comment’’. 

9 (3) Section 20109 is amended— 

10 (A) in subsection (c)(1), by striking ‘‘the 

11 railroad shall promptly arrange’’ and inserting 

12 ‘‘the railroad carrier shall promptly arrange’’; 

13 (B) in subsection (d)(2)(A)(i), by striking 

14 ‘‘(d)’’ and inserting ‘‘paragraph’’ after ‘‘under’’; 

15 (C) in subsection (d)(2)(A)(iii), by insert16 ing ‘‘section’’ after ‘‘set forth in’’; and 

17 (D) in subsection (d)(4)(i), by striking 

18 ‘‘must’’ and inserting ‘‘shall’’. 

19 (4) Section 20120(a) is amended— 

20 (A) by striking ‘‘(a) IN GENERAL’’ and in21 serting ‘‘Not’’; 

22 (B) in paragraph (2)(G), by inserting 

23 ‘‘and’’ after the semicolon; 

24 (C) in paragraph (4), by striking ‘‘provide’’ 

25 and inserting ‘‘provides’’; 


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1 (D) in paragraph (5)(B), by striking ‘‘Ad2 ministrative Hearing Officer or Administrative 

3 Law Judge’’ and inserting ‘‘administrative 

4 hearing officer or administrative law judge’’; 

5 and 

6 (E) in paragraph (7), by striking ‘‘its’’ and 

7 inserting ‘‘the Secretary’s or the Federal Rail8 road Administrator’s’’. 

9 (5) Section 20151(d)(1) is amended by striking 

10 ‘‘to drive around a grade crossing gate’’ and insert11 ing ‘‘to drive through, around, or under a grade 

12 crossing gate’’. 

13 (6) Section 20152(b) is amended by striking 

14 ‘‘rail carriers’’ and inserting ‘‘railroad carriers’’. 

15 (7) Section 20156 is amended— 

16 (A) in subsection (c), by inserting a 

17 comma after ‘‘In developing its railroad safety 

18 risk reduction program’’; and 

19 (B) in subsection (g)(1), by striking ‘‘non20 profit’’ and inserting ‘‘nonprofit’’. 

21 (8) Section 20157(a)(1) is amended— 

22 (A) by striking ‘‘Class I railroad carrier’’ 

23 and inserting ‘‘Class I railroad’’; and 

24 (B) by striking ‘‘parts’’ and inserting ‘‘sec25 tions’’. 


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1 (9) Section 20158(b)(3) is amended by striking 

2 ‘‘20156(e)(2)’’ and inserting ‘‘20156(e)’’. 

3 (10) Section 20159 is amended by inserting ‘‘of 

4 Transportation’’ after ‘‘the Secretary’’. 

5 (11) Section 20160 is amended— 

6 (A) in subsection (a)(1), by striking ‘‘or 

7 with respect to’’ and inserting ‘‘with respect 

8 to’’; 

9 (B) in subsection (b)(1), by striking ‘‘On a 

10 periodic basis beginning not’’ and inserting 

11 ‘‘Not’’; and 

12 (C) in subsection (b)(1)(A), by striking ‘‘or 

13 with respect to’’ and inserting ‘‘with respect 

14 to’’. 

15 (12) Section 20162(a)(3) is amended by strik16 ing ‘‘railroad compliance with Federal standards’’ 

17 and inserting ‘‘railroad carrier compliance with Fed18 eral standards’’. 

19 (13) Section 20164(a) is amended by striking 

20 ‘‘Railroad Safety Enhancement Act of 2008’’ and in21 serting ‘‘Rail Safety Improvement Act of 2008’’. 

22 (14) Section 21102(c)(4) is amended by redes23 ignating subparagraphs (C) and (D) as subpara24 graphs (B) and (C), respectively. 


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1 (15) Section 22106(b) is amended by striking 

2 ‘‘interest thereof’’ and inserting ‘‘interest thereon’’. 

3 (16) Section 24101(b) is amended by striking 

4 ‘‘subsection (d)’’ and inserting ‘‘subsection (c)’’. 

5 (17) Section 24316 is amended by striking sub6 section (g). 

7 (18) The item relating to section 24316 in the 

8 table of contents for chapter 243 is amended by 

9 striking ‘‘assist’’ and inserting ‘‘address needs of’’. 

10 (19) Section 24702(a) is amended by striking 

11 ‘‘not included in the national rail passenger trans12 portation system’’. 

13 (20) Section 24706 is amended— 

14 (A) in subsection (a)(1), by striking ‘‘a dis15 continuance under section 24704 or or’’; 

16 (B) in subsection (a)(2), by striking ‘‘sec17 tion 24704 or’’; and 

18 (C) in subsection (b), by striking ‘‘section 

19 24704 or’’. 

20 (21) Section 24709 is amended by striking 

21 ‘‘The Secretary of the Treasury and the Attorney 

22 General,’’ and inserting ‘‘The Secretary of Home23 land Security,’’. 

24 SEC. 35502. CONDEMNATION AUTHORITY. 

25 Section 24311(c) is amended— 


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1 (1) in paragraph (1), by striking ‘‘Interstate 

2 Commerce Commission’’ and inserting ‘‘Surface 

3 Transportation Board’’; 

4 (2) in paragraph (2), by striking ‘‘Commis5 sion’s’’ and inserting ‘‘Board’s’’; and 

6 (3) by striking ‘‘Commission’’ each place it ap7 pears and inserting ‘‘Board’’. 

8 Subtitle F—Licensing and Insur9 ance Requirements for Pas10 senger Rail Carriers 

11 SEC. 35601. CERTIFICATION OF PASSENGER RAIL CAR12 RIERS. 

13 (a) Section 10901 is amended by adding at the end 

14 the following: 

15 ‘‘(e) Not later than 2 years after the date of enact16 ment of the National Rail System Preservation, Expan17 sion, and Development Act of 2012, the Board shall estab18 lish a certification process to authorize a person to provide 

19 passenger rail transportation over a railroad line that is 

20 subject to the jurisdiction of the Board, except that such 

21 certification shall not be required for or apply to a freight 

22 railroad providing or hosting passenger rail transportation 

23 over its own railroad line. 

24 ‘‘(f) After the certification process is established 

25 under subsection (e), no person may provide passenger rail 


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1 transportation over a railroad line subject to the jurisdic2 tion of the Board unless the person is granted a certificate 

3 under subsection (e). 

4 ‘‘(g) The certification process under subsection (e) 

5 shall— 

6 ‘‘(1) permit a person to initiate a proceeding for 

7 a certificate by filing an application with the Board; 

8 and 

9 ‘‘(2) require the Board to provide reasonable 

10 public notice that a proceeding was initiated, includ11 ing notice to the Governor of any affected State, not 

12 later than 30 days after receipt of the application 

13 under paragraph (1). 

14 ‘‘(h) The Board may grant a certificate under sub15 section (e) if the Board determines after consultation with 

16 the Secretary of Transportation or the Secretary of Home17 land Security, as appropriate, that the applicant— 

18 ‘‘(1) has or will have in effect a voluntary 

19 agreement with the infrastructure owner over which 

20 the passenger rail transportation will be provided or 

21 contractual or statutory authority that provides for 

22 access to such infrastructure; 

23 ‘‘(2) demonstrates sufficient financial capacity 

24 and operating experience to provide passenger rail 

25 transportation; 


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1 ‘‘(3) meets all applicable safety and security re2 quirements under the law; 

3 ‘‘(4) maintains a total minimum liability cov4 erage for claims through insurance and self-insur5 ance of not less than the amount required by section 

6 28103(a)(2) per accident or incident; and 

7 ‘‘(5) complies with any additional requirements 

8 the Board determines are appropriate, including re9 porting requirements to ensure continued compliance 

10 with this section. 

11 ‘‘(i) A certificate granted under subsection (e) shall 

12 specify the person to provide or authorized to provide pas13 senger rail transportation, if different from the applicant. 

14 ‘‘(j) The Board may promulgate regulations— 

15 ‘‘(1) for determining the adequacy of liability 

16 insurance coverage, including self-insurance; and 

17 ‘‘(2) for suspending or canceling a certificate if 

18 the person to provide or authorized to provide pas19 senger rail transportation fails to comply with sub20 section (h). 

21 ‘‘(k) This section shall not apply to tourist, historical, 

22 or excursion passenger rail transportation or other rail 

23 carrier that has already obtained construction or operating 

24 authority from the Board.’’. 


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1 (b) Section 24301(c) is amended by adding 

2 ‘‘10901(e),’’ after ‘‘sections’’ in the first sentence. 

3 (c) Section 10501(c)(3)(A) is amended— 

4 (1) in clause (ii), by striking ‘‘and’’; 

5 (2) in clause (iii), by striking the period at the 

6 end and inserting ‘‘ ; and’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(iv) section 10901(e).’’. 

9 (d) Section 14901 is amended— 

10 (1) by redesignating subsections (f) and (g) as 

11 subsections (g) and (h), respectively; 

12 (2) by inserting after subsection (e) the fol13 lowing: 

14 ‘‘(f) CERTIFICATION REQUIRED.—A person shall be 

15 subject to a penalty of $300 for each passenger trans16 ported if the person— 

17 ‘‘(1) provides passenger rail transportation sub18 ject to jurisdiction under section 10501(a); and 

19 ‘‘(2) does not hold a certificate required under 

20 section 10901(e).’’; and 

21 (3) in subsection (g), as redesignated, by strik22 ing ‘‘through (e)’’ and inserting ‘‘through (f)’’. 

23 (e) Section 10502(g) is amended to read as follows: 

24 ‘‘(g) The Board may not exercise its authority under 

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1 tect the interests of employees as required by this part, 

2 or of the requirements of section 10901(g).’’. 

3 TITLE VI—SPORT FISH RES4 TORATION AND REC5 REATIONAL BOATING SAFETY 

6 ACT OF 2012 

7 SEC. 36001. SHORT TITLE. 

8 This title may be cited as the ‘‘Sport Fish Restora9 tion and Recreational Boating Safety Act of 2012’’. 

10 SEC. 36002. AMENDMENT OF FEDERAL AID IN SPORT FISH 

11 RESTORATION ACT. 

12 Section 4 of the Federal Aid in Fish Restoration Act 

13 (16 U.S.C. 777c) is amended— 

14 (1) in subsection (a), by striking ‘‘of fiscal 

15 years 2006 through 2011 and for the period begin16 ning on October 1, 2011, and ending on March 31, 

17 2012,’’ and inserting ‘‘fiscal year through 2013,’’; 

18 and 

19 (2) in subsection (b)(1)(A), by striking ‘‘of fis20 cal years 2006 through 2011 and for the period be21 ginning on October 1, 2011, and ending on March 

22 31, 2012,’’ and inserting ‘‘fiscal year through 

23 2013,’’. 


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1 TITLE VII—MISCELLANEOUS 

2 SEC. 37001. AIRCRAFT NOISE ABATEMENT. 

3 (a) IN GENERAL.—Section 3(b)(2) of Public Law 

4 100–91 (16 U.S.C. 1a–1 note) is amended by adding at 

5 the end the following: ‘‘The plan shall not apply to or oth6 erwise affect the regulation of flights over the Grand Can7 yon at altitudes above the Special Flight Rules Area for 

8 the Grand Canyon in effect as of the date of the enactment 

9 of the MAP–21, or as subsequently modified by mutual 

10 agreement of the Secretary and the Administrator.’’. 

11 (b) SAVINGS PROVISIONS.— 

12 (1) JURISDICTION OF NATIONAL AIRSPACE.— 

13 None of the recommendations required under section 

14 3(b)(1) of Public Law 100–91 (16 U.S.C. 1a–1 

15 note), including recommendations to raise the flight16 free zone altitude ceilings, shall adversely affect the 

17 national airspace system, as determined by the Ad18 ministrator of the Federal Aviation Administration. 

19 If the Administrator determines that implementing 

20 the recommendations would adversely affect the na21 tional airspace system, the Administrator shall con22 sult with the Secretary of the Interior to eliminate 

23 the adverse effects. 

24 (2) EFFECT OF NEPA DETERMINATIONS.—None 

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1 terminations, or conditions prepared or used by the 

2 Secretary to develop recommendations regarding the 

3 substantial restoration of natural quiet and experi4 ence for the Grand Canyon National Park required 

5 under section 3(b)(1) of Public Law 100–91 shall 

6 have broader application or be given deference with 

7 respect to the Administrator’s compliance with the 

8 National Environmental Policy Act for proposed 

9 aviation actions and decisions. Nothing in this sec10 tion may be construed to limit the ability of the Na11 tional Park Service to use its own methods of anal12 ysis and impact determinations for air tour manage13 ment planning within its purview under the National 

14 Parks Air Tour Management Act of 2000 (title VIII 

15 of Public Law 106–181). 

16 (c) CONVERSION TO QUIET TECHNOLOGY AIR17 CRAFT.— 

18 (1) IN GENERAL.—Not later than 15 years 

19 after the date of the enactment of this Act, all com20 mercial air tour aircraft operating in the Grand 

21 Canyon National Park Special Flight Rules Area 

22 shall be required to fully convert to quiet aircraft 

23 technology (as determined in accordance with regu24 lations in effect on the day before the date of the en25 actment of this Act). 


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1 (2) CONVERSION INCENTIVES.—Not later than 

2 60 days after the date of the enactment of this Act, 

3 the Secretary and the Administrator of the Federal 

4 Aviation Administration shall provide incentives for 

5 commercial air tour operators that convert to quiet 

6 aircraft technology (as determined in accordance 

7 with the regulations in effect on the day before the 

8 date of the enactment of this Act) before the date 

9 specified in paragraph (1), such as increasing the 

10 flight allocations for such operators on a net basis 

11 consistent with section 804(c) of the National Park 

12 Air Tours Management Act of 2000 (title VIII of 

13 Public Law 106–181), provided that the cumulative 

14 impact of such operations does not increase noise at 

15 Grand Canyon National Park. 

16 DIVISION D—FINANCE 

17 SEC. 40001. SHORT TITLE. 

18 This division may be cited as the ‘‘Highway Invest19 ment, Job Creation, and Economic Growth Act of 2012’’. 


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1 TITLE I—EXTENSION OF HIGH2 WAY TRUST FUND EXPENDI3 TURE AUTHORITY AND RE4 LATED TAXES 

5 SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AU6 THORITY. 

7 (a) HIGHWAY TRUST FUND.—Section 9503 of the 

8 Internal Revenue Code of 1986 is amended— 

9 (1) by striking ‘‘April 1, 2012’’ in subsections 

10 (b)(6)(B), (c)(1), and (e)(3) and inserting ‘‘October 

11 1, 2013’’; and 

12 (2) by striking ‘‘Surface Transportation Exten13 sion Act of 2011, Part II’’ in subsections (c)(1) and 

14 (e)(3) and inserting ‘‘Moving Ahead for Progress in 

15 the 21st Century Act’’. 

16 (b) SPORT FISH RESTORATION AND BOATING TRUST

17 FUND.—Section 9504 of the Internal Revenue Code of 

18 1986 is amended— 

19 (1) by striking ‘‘Surface Transportation Exten20 sion Act of 2011, Part II’’ each place it appears in 

21 subsection (b)(2) and inserting ‘‘Moving Ahead for 

22 Progress in the 21st Century Act’’; and 

23 (2) by striking ‘‘April 1, 2012’’ in subsection 

24 (d)(2) and inserting ‘‘October 1, 2013’’. 


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1 (c) LEAKING UNDERGROUND STORAGE TANK TRUST

2 FUND.—Paragraph (2) of section 9508(e) of the Internal 

3 Revenue Code of 1986 is amended by striking ‘‘April 1, 

4 2012’’ and inserting ‘‘October 1, 2013’’. 

5 (d) ESTABLISHMENT OF SOLVENCY ACCOUNT.—Sec6 tion 9503 of the Internal Revenue Code of 1986 is amend7 ed by adding at the end the following new subsection: 

8 ‘‘(g) ESTABLISHMENT OF SOLVENCY ACCOUNT.— 

9 ‘‘(1) CREATION OF ACCOUNT.—There is estab10 lished in the Highway Trust Fund a separate ac11 count to be known as the ‘Solvency Account’ con12 sisting of such amounts as may be transferred or 

13 credited to the Solvency Account as provided in this 

14 section or section 9602(b). 

15 ‘‘(2) TRANSFERS TO SOLVENCY ACCOUNT.— 

16 The Secretary of the Treasury shall transfer to the 

17 Solvency Account the excess of— 

18 ‘‘(A) any amount appropriated to the 

19 Highway Trust Fund before October 1, 2013, 

20 by reason of the provisions of, and amendments 

21 made by, the Highway Investment, Job Cre22 ation, and Economic Growth Act of 2012, over 

23 ‘‘(B) the amount necessary to meet the re24 quired expenditures from the Highway Trust 


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1 Fund under subsection (c) for the period ending 

2 before October 1, 2013. 

3 ‘‘(3) EXPENDITURES FROM ACCOUNT.— 

4 Amounts in the Solvency Account shall be available 

5 for transfers to the Highway Account (as defined in 

6 subsection (e)(5)(B)) and the Mass Transit Account 

7 in such amounts as determined necessary by the 

8 Secretary to ensure that each account has a surplus 

9 balance of $2,800,000,000 on September 30, 2013. 

10 ‘‘(4) TERMINATION OF ACCOUNT.—The Sol11 vency Account shall terminate on September 30, 

12 2013, and the Secretary shall transfer any remain13 ing balance in the Account on such date to the 

14 Highway Trust Fund.’’. 

15 (e) EFFECTIVE DATE.—The amendments made by 

16 this section shall take effect on April 1, 2012. 

17 SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES. 

18 (a) IN GENERAL.— 

19 (1) Each of the following provisions of the In20 ternal Revenue Code of 1986 is amended by striking 

21 ‘‘March 31, 2012’’ and inserting ‘‘September 30, 

22 2015’’: 

23 (A) Section 4041(a)(1)(C)(iii)(I). 

24 (B) Section 4041(m)(1)(B). 

25 (C) Section 4081(d)(1). 


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1 (2) Each of the following provisions of such 

2 Code is amended by striking ‘‘April 1, 2012’’ and in3 serting ‘‘October 1, 2015’’: 

4 (A) Section 4041(m)(1)(A). 

5 (B) Section 4051(c). 

6 (C) Section 4071(d). 

7 (D) Section 4081(d)(3). 

8 (b) EXTENSION OF TAX, ETC., ON USE OF CERTAIN

9 HEAVY VEHICLES.—Each of the following provisions of 

10 the Internal Revenue Code of 1986 is amended by striking 

11 ‘‘2012’’ and inserting ‘‘2015’’: 

12 (1) Section 4481(f). 

13 (2) Subsections (c)(4) and (d) of section 4482. 

14 (c) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) 

15 of the Internal Revenue Code of 1986 is amended— 

16 (1) by striking ‘‘April 1, 2012’’ each place it 

17 appears and inserting ‘‘October 1, 2015’’; 

18 (2) by striking ‘‘September 30, 2012’’ each 

19 place it appears and inserting ‘‘March 31, 2016’’; 

20 and 

21 (3) by striking ‘‘July 1, 2012’’ and inserting 

22 ‘‘January 1, 2016’’. 

23 (d) EXTENSION OF CERTAIN EXEMPTIONS.—Sec24 tions 4221(a) and 4483(i) of the Internal Revenue Code 


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1 of 1986 are each amended by striking ‘‘April 1, 2012’’ 

2 and inserting ‘‘October 1, 2015’’. 

3 (e) EXTENSION OF TRANSFERS OF CERTAIN

4 TAXES.— 

5 (1) IN GENERAL.—Section 9503 of the Internal 

6 Revenue Code of 1986 is amended— 

7 (A) in subsection (b)— 

8 (i) by striking ‘‘April 1, 2012’’ each 

9 place it appears in paragraphs (1) and (2) 

10 and inserting ‘‘October 1, 2015’’; 

11 (ii) by striking ‘‘APRIL 1, 2012’’ in the 

12 heading of paragraph (2) and inserting 

13 ‘‘OCTOBER 1, 2015’’; 

14 (iii) by striking ‘‘March 31, 2012’’ in 

15 paragraph (2) and inserting ‘‘September 

16 30, 2015’’; and 

17 (iv) by striking ‘‘January 1, 2013’’ in 

18 paragraph (2) and inserting ‘‘July 1, 

19 2016’’; and 

20 (B) in subsection (c)(2), by striking ‘‘Jan21 uary 1, 2013’’ and inserting ‘‘July 1, 2016’’. 

22 (2) MOTORBOAT AND SMALL-ENGINE FUEL TAX

23 TRANSFERS.— 

24 (A) IN GENERAL.—Paragraphs (3)(A)(i) 

25 and (4)(A) of section 9503(c) of such Code are 


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1 each amended by striking ‘‘April 1, 2012’’ and 

2 inserting ‘‘October 1, 2015’’. 

3 (B) CONFORMING AMENDMENTS TO LAND

4 AND WATER CONSERVATION FUND.—Section 

5 201(b) of the Land and Water Conservation 

6 Fund Act of 1965 (16 U.S.C. 460l–11(b)) is 

7 amended— 

8 (i) by striking ‘‘April 1, 2013’’ each 

9 place it appears and inserting ‘‘October 1, 

10 2016’’; and 

11 (ii) by striking ‘‘April 1, 2012’’ and 

12 inserting ‘‘October 1, 2015’’. 

13 (f) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect on April 1, 2012. 

15 TITLE II—OTHER PROVISIONS 

16 SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EX17 CEPTION TO TAX-EXEMPT INTEREST EX18 PENSE ALLOCATION RULES FOR FINANCIAL 

19 INSTITUTIONS. 

20 (a) IN GENERAL.—Subparagraph (G) of section 

21 265(b)(3) of the Internal Revenue Code of 1986 is amend22 ed— 

23 (1) by striking ‘‘2009 or 2010’’ each place it 

24 appears in clauses (i), (ii), and (iii) and inserting 


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1 ‘‘2009, 2010, or the period beginning after June 30, 

2 2012, and before July 1, 2013’’, and 

3 (2) by striking ‘‘2009 AND 2010’’ in the heading 

4 and inserting ‘‘2009, 2010, 2012, AND 2013’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to obligations issued after June 

7 30, 2012. 

8 SEC. 40202. TEMPORARY MODIFICATION OF ALTERNATIVE 

9 MINIMUM TAX LIMITATIONS ON TAX-EXEMPT 

10 BONDS. 

11 (a) INTEREST ON PRIVATE ACTIVITY BONDS NOT

12 TREATED AS TAX PREFERENCE ITEMS.—Clause (vi) of 

13 section 57(a)(5)(C) of the Internal Revenue Code of 1986 

14 is amended— 

15 (1) in subclause (I) by inserting ‘‘, or after the 

16 date of enactment of the Highway Investment, Job 

17 Creation, and Economic Growth Act of 2012 and be18 fore January 1, 2013’’ after ‘‘January 1, 2011’’; 

19 (2) in subclause (III) by inserting ‘‘before Jan20 uary 1, 2011’’ after ‘‘which is issued’’; and 

21 (3) by striking ‘‘AND 2010’’ in the heading and 

22 inserting ‘‘, 2010, AND PORTIONS OF 2012’’. 

23 (b) NO ADJUSTMENT TO ADJUSTED CURRENT

24 EARNINGS.—Clause (iv) of section 56(g)(4)(B) of the In25 ternal Revenue Code of 1986 is amended— 


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1 (1) in subclause (I) by inserting ‘‘, or after the 

2 date of enactment of the Highway Investment, Job 

3 Creation, and Economic Growth Act of 2012 and be4 fore January 1, 2013’’ after ‘‘January 1, 2011’’; 

5 (2) in subclause (III) by inserting ‘‘before Jan6 uary 1, 2011’’ after ‘‘which is issued’’; and 

7 (3) by striking ‘‘AND 2010’’ in the heading and 

8 inserting ‘‘, 2010, AND PORTIONS OF 2012’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall apply to obligations issued after the date 

11 of enactment of this Act. 

12 SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE INFRA13 STRUCTURE BANKS. 

14 Section 610(d) of title 23, United States Code, is 

15 amended— 

16 (1) by redesignating paragraphs (4), (5), and 

17 (6) as paragraphs (5), (6), and (7), respectively, 

18 (2) by inserting after paragraph (3) the fol19 lowing new paragraph: 

20 ‘‘(4) TRIP BOND ACCOUNT.— 

21 ‘‘(A) IN GENERAL.—A State, through a 

22 State infrastructure bank, may issue TRIP 

23 bonds and deposit proceeds from such issuance 

24 into the TRIP bond account of the bank. 


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1 ‘‘(B) TRIP BOND.—For purposes of this 

2 section, the term ‘TRIP bond’ means any bond 

3 issued as part of an issue if— 

4 ‘‘(i) 100 percent of the available 

5 project proceeds of such issue are to be 

6 used for expenditures incurred after the 

7 date of the enactment of this paragraph 

8 for 1 or more qualified projects pursuant 

9 to an allocation of such proceeds to such 

10 project or projects by a State infrastruc11 ture bank, 

12 ‘‘(ii) the bond is issued by a State in13 frastructure bank and is in registered form 

14 (within the meaning of section 149(a) of 

15 the Internal Revenue Code of 1986), 

16 ‘‘(iii) the State infrastructure bank 

17 designates such bond for purposes of this 

18 section, and 

19 ‘‘(iv) the term of each bond which is 

20 part of such issue does not exceed 30 

21 years. 

22 ‘‘(C) QUALIFIED PROJECT.—For purposes 

23 of this subparagraph, the term ‘qualified 

24 project’ means the capital improvements to any 

25 transportation infrastructure project of any 


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1 governmental unit or other person, including 

2 roads, bridges, rail and transit systems, ports, 

3 and inland waterways proposed and approved 

4 by a State infrastructure bank, but does not in5 clude costs of operations or maintenance with 

6 respect to such project.’’, 

7 (3) by adding at the end of paragraph (5), as 

8 redesignated by paragraph (1), the following new 

9 subparagraph: 

10 ‘‘(D) TRIP BOND ACCOUNT.—Funds de11 posited into the TRIP bond account shall con12 stitute for purposes of this section a capitaliza13 tion grant for the TRIP bond account of the 

14 bank.’’, and 

15 (4) by adding at the end the following new 

16 paragraph: 

17 ‘‘(8) SPECIAL RULES FOR TRIP BOND ACCOUNT

18 FUNDS.— 

19 ‘‘(A) IN GENERAL.—The State shall de20 velop a transparent competitive process for the 

21 award of funds deposited into the TRIP bond 

22 account that considers the impact of qualified 

23 projects on the economy, the environment, state 

24 of good repair, and equity. 


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1 ‘‘(B) APPLICABILITY OF FEDERAL LAW.— 

2 The requirements of any Federal law, including 

3 this title and titles 40 and 49, which would oth4 erwise apply to projects to which the United 

5 States is a party or to funds made available 

6 under such law and projects assisted with those 

7 funds shall apply to— 

8 ‘‘(i) funds made available under the 

9 TRIP bond account for similar qualified 

10 projects, and 

11 ‘‘(ii) similar qualified projects assisted 

12 through the use of such funds.’’. 

13 SEC. 40204. EXTENSION OF PARITY FOR EXCLUSION FROM 

14 INCOME FOR EMPLOYER-PROVIDED MASS 

15 TRANSIT AND PARKING BENEFITS. 

16 (a) IN GENERAL.—Paragraph (2) of section 132(f) 

17 of the Internal Revenue Code of 1986 is amended by strik18 ing ‘‘January 1, 2012’’ and inserting ‘‘January 1, 2013’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall apply to months after December 31, 

21 2011. 

22 SEC. 40205. EXEMPT-FACILITY BONDS FOR SEWAGE AND 

23 WATER SUPPLY FACILITIES. 

24 (a) BONDS FOR WATER AND SEWAGE FACILITIES

25 TEMPORARILY EXEMPT FROM VOLUME CAP ON PRIVATE


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1 ACTIVITY BONDS.—Subsection (g) of section 146 of the 

2 Internal Revenue Code of 1986 is amended— 

3 (1) by striking ‘‘and’’ at the end of paragraph 

4 (3), 

5 (2) by striking the period at the end of para6 graph (4) and inserting ‘‘, and’’, and 

7 (3) by inserting after paragraph (4) the fol8 lowing new paragraph: 

9 ‘‘(5) any exempt facility bonds issued before 

10 January 1, 2018, as part of an issue described in 

11 paragraph (4) or (5) of section 142(a).’’. 

12 (b) CONFORMING CHANGE.—Paragraphs (2) and 

13 (3)(B) of section 146(k) of the Internal Revenue Code of 

14 1986 are both amended by striking ‘‘paragraph (4), (5), 

15 (6), or (10) of section 142(a)’’ and inserting ‘‘paragraph 

16 (4) or (5) of section 142(a) with respect to bonds issued 

17 after December 31, 2017, or paragraph (6) or (10) of sec18 tion 142(a)’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to obligations issued after the date 

21 of the enactment of this Act. 


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1 TITLE III—REVENUE 

2 PROVISIONS 

3 SEC. 40301. TRANSFER FROM LEAKING UNDERGROUND 

4 STORAGE TANK TRUST FUND TO HIGHWAY 

5 TRUST FUND. 

6 (a) IN GENERAL.—Subsection (c) of section 9508 of 

7 the Internal Revenue Code of 1986 is amended— 

8 (1) by striking ‘‘Amounts’’ and inserting: 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), amounts’’, and 

11 (2) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2) TRANSFER TO HIGHWAY TRUST FUND.— 

14 Out of amounts in the Leaking Underground Stor15 age Tank Trust Fund there is hereby appropriated 

16 $3,000,000,000 to be transferred under section 

17 9503(f)(3) to the Highway Trust Fund.’’. 

18 (b) TRANSFER TO HIGHWAY TRUST FUND.— 

19 (1) IN GENERAL.—Subsection (f) of section 

20 9503 of the Internal Revenue Code of 1986 is 

21 amended by inserting after paragraph (2) the fol22 lowing new paragraph: 

23 ‘‘(3) INCREASE IN FUND BALANCE.—There is 

24 hereby transferred to the Highway Trust Fund 

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1 ground Storage Tank Trust Fund under section 

2 9508(c)(2).’’. 

3 (2) CONFORMING AMENDMENTS.—Paragraph 

4 (4) of section 9503(f) of such Code is amended— 

5 (A) by inserting ‘‘or transferred’’ after 

6 ‘‘appropriated’’, and 

7 (B) by striking ‘‘APPROPRIATED’’ in the 

8 heading thereof. 

9 SEC. 40302. PORTION OF LEAKING UNDERGROUND STOR10 AGE TANK TRUST FUND FINANCING RATE 

11 TRANSFERRED TO HIGHWAY TRUST FUND. 

12 (a) IN GENERAL.—Subsection (b) of section 9503 of 

13 the Internal Revenue Code of 1986 is amended by insert14 ing after paragraph (2) the following new paragraph: 

15 ‘‘(3) PORTION OF LEAKING UNDERGROUND

16 STORAGE TANK TRUST FUND FINANCING RATE.— 

17 There are hereby appropriated to the Highway Trust 

18 Fund amounts equivalent to one-third of the taxes 

19 received in the Treasury under— 

20 ‘‘(A) section 4041(d) (relating to addi21 tional taxes on motor fuels), 

22 ‘‘(B) section 4081 (relating to tax on gaso23 line, diesel fuel, and kerosene) to the extent at24 tributable to the Leaking Underground Storage 


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1 Tank Trust Fund financing rate under such 

2 section, and 

3 ‘‘(C) section 4042 (relating to tax on fuel 

4 used in commercial transportation on inland 

5 waterways) to the extent attributable to the 

6 Leaking Underground Storage Tank Trust 

7 Fund financing rate under such section. 

8 For purposes of this paragraph, there shall not be 

9 taken into account the taxes imposed by sections 

10 4041 and 4081 on diesel fuel sold for use or used 

11 as fuel in a diesel-powered boat.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) Paragraphs (1), (2), and (3) of section 

14 9508(b) of the Internal Revenue Code of 1986 are 

15 each amended by inserting ‘‘two-thirds of the’’ be16 fore ‘‘taxes’’. 

17 (2) Paragraph (4) of section 9503(b) of such 

18 Code is amended by striking subparagraphs (A) and 

19 (B) and by redesignating subparagraphs (C) and 

20 (D) as subparagraphs (A) and (B), respectively. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply to taxes received after the date 

23 of the enactment of this Act. 


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1 SEC. 40303. TRANSFER OF GAS GUZZLER TAXES TO HIGH2 WAY TRUST FUND. 

3 (a) IN GENERAL.—Paragraph (1) of section 9503(b) 

4 of the Internal Revenue Code of 1986 is amended by re5 designating subparagraphs (C), (D), and (E) as subpara6 graphs (D), (E), and (F), respectively, and by inserting 

7 after subparagraph (B) the following new subparagraph: 

8 ‘‘(B) section 4064 (relating to gas guzzler 

9 tax),’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxes received after the date 

12 of the enactment of this Act. 

13 SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE 

14 OF CERTAIN UNPAID TAXES. 

15 (a) IN GENERAL.—Subchapter D of chapter 75 of the 

16 Internal Revenue Code of 1986 is amended by adding at 

17 the end the following new section: 

18 ‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE 

19 OF CERTAIN TAX DELINQUENCIES. 

20 ‘‘(a) IN GENERAL.—If the Secretary receives certifi21 cation by the Commissioner of Internal Revenue that any 

22 individual has a seriously delinquent tax debt in an 

23 amount in excess of $50,000, the Secretary shall transmit 

24 such certification to the Secretary of State for action with 

25 respect to denial, revocation, or limitation of a passport 

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1 late the issue and validity of passports, and for other pur2 poses’, approved July 3, 1926 (22 U.S.C. 211a et seq.), 

3 commonly known as the ‘Passport Act of 1926’. 

4 ‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.—For pur5 poses of this section, the term ‘seriously delinquent tax 

6 debt’ means an outstanding debt under this title for which 

7 a notice of lien has been filed in public records pursuant 

8 to section 6323 or a notice of levy has been filed pursuant 

9 to section 6331, except that such term does not include— 

10 ‘‘(1) a debt that is being paid in a timely man11 ner pursuant to an agreement under section 6159 or 

12 7122, and 

13 ‘‘(2) a debt with respect to which collection is 

14 suspended because a collection due process hearing 

15 under section 6330, or relief under subsection (b), 

16 (c), or (f) of section 6015, is requested or pending. 

17 ‘‘(c) ADJUSTMENT FOR INFLATION.—In the case of 

18 a calendar year beginning after 2012, the dollar amount 

19 in subsection (a) shall be increased by an amount equal 

20 to— 

21 ‘‘(1) such dollar amount, multiplied by 

22 ‘‘(2) the cost-of-living adjustment determined 

23 under section 1(f)(3) for the calendar year, deter24 mined by substituting ‘calendar year 2011’ for ‘cal25 endar year 1992’ in subparagraph (B) thereof. 


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1 If any amount as adjusted under the preceding sentence 

2 is not a multiple of $1,000, such amount shall be rounded 

3 to the next highest multiple of $1,000.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 for subchapter D of chapter 75 of the Internal Revenue 

6 Code of 1986 is amended by adding at the end the fol7 lowing new item: 

‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.’’. 

8 (c) AUTHORITY FOR INFORMATION SHARING.— 

9 (1) IN GENERAL.—Subsection (l) of section 

10 6103 of the Internal Revenue Code of 1986 is 

11 amended by adding at the end the following new 

12 paragraph: 

13 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

14 TO DEPARTMENT OF STATE FOR PURPOSES OF PASS15 PORT REVOCATION UNDER SECTION 7345.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall, 

17 upon receiving a certification described in sec18 tion 7345, disclose to the Secretary of State re19 turn information with respect to a taxpayer who 

20 has a seriously delinquent tax debt described in 

21 such section. Such return information shall be 

22 limited to— 

23 ‘‘(i) the taxpayer identity information 

24 with respect to such taxpayer, and 


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1 ‘‘(ii) the amount of such seriously de2 linquent tax debt. 

3 ‘‘(B) RESTRICTION ON DISCLOSURE.—Re4 turn information disclosed under subparagraph 

5 (A) may be used by officers and employees of 

6 the Department of State for the purposes of, 

7 and to the extent necessary in, carrying out the 

8 requirements of section 4 of the Act entitled 

9 ‘An Act to regulate the issue and validity of 

10 passports, and for other purposes’, approved 

11 July 3, 1926 (22 U.S.C. 211a et seq.), com12 monly known as the ‘Passport Act of 1926’.’’. 

13 (2) CONFORMING AMENDMENT.—Paragraph (4) 

14 of section 6103(p) of such Code is amended by strik15 ing ‘‘or (22)’’ each place it appears in subparagraph 

16 (F)(ii) and in the matter preceding subparagraph 

17 (A) and inserting ‘‘(22), or (23)’’. 

18 (d) REVOCATION AUTHORIZATION.—The Act entitled 

19 ‘‘An Act to regulate the issue and validity of passports, 

20 and for other purposes’’, approved July 3, 1926 (22 

21 U.S.C. 211a et seq.), commonly known as the ‘‘Passport 

22 Act of 1926’’, is amended by adding at the end the fol23 lowing: 

24 ‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT. 

25 ‘‘(a) INELIGIBILITY.— 


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1 ‘‘(1) ISSUANCE.—Except as provided under 

2 subsection (b), upon receiving a certification de3 scribed in section 7345 of the Internal Revenue 

4 Code of 1986 from the Secretary of the Treasury, 

5 the Secretary of State may not issue a passport or 

6 passport card to any individual who has a seriously 

7 delinquent tax debt described in such section. 

8 ‘‘(2) REVOCATION.—The Secretary of State 

9 shall revoke a passport or passport card previously 

10 issued to any individual described in subparagraph 

11 (A). 

12 ‘‘(b) EXCEPTIONS.— 

13 ‘‘(1) EMERGENCY AND HUMANITARIAN SITUA14 TIONS.—Notwithstanding subsection (a), the Sec15 retary of State may issue a passport or passport 

16 card, in emergency circumstances or for humani17 tarian reasons, to an individual described in sub18 section (a)(1). 

19 ‘‘(2) LIMITATION FOR RETURN TO UNITED

20 STATES.—Notwithstanding subsection (a)(2), the 

21 Secretary of State, before revocation, may— 

22 ‘‘(A) limit a previously issued passport or 

23 passport card only for return travel to the 

24 United States; or 


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1 ‘‘(B) issue a limited passport or passport 

2 card that only permits return travel to the 

3 United States.’’. 

4 (e) EFFECTIVE DATE.—The amendments made by 

5 this section shall take effect on January 1, 2013. 

6 SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON PAYMENTS 

7 TO MEDICARE PROVIDERS AND SUPPLIERS. 

8 (a) IN GENERAL.—Paragraph (3) of section 6331(h) 

9 of the Internal Revenue Code of 1986 is amended by strik10 ing the period at the end and inserting ‘‘, or to a Medicare 

11 provider or supplier under title XVIII of the Social Secu12 rity Act.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by 

14 this section shall apply to payments made after the date 

15 of the enactment of this Act. 

16 SEC. 40306. TRANSFER OF AMOUNTS ATTRIBUTABLE TO 

17 CERTAIN DUTIES ON IMPORTED VEHICLES 

18 INTO THE HIGHWAY TRUST FUND. 

19 Section 9503(b) of the Internal Revenue Code of 

20 1986, as amended by this Act, is amended by adding at 

21 the end the following new paragraph: 

22 ‘‘(8) CERTAIN DUTIES ON IMPORTED VEHI23 CLES.—There are hereby appropriated to the High24 way Trust Fund amounts equivalent to the amounts 

25 received in the Treasury that are attributable to duVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01452 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ties collected on or after October 1, 2011, and before 

2 October 1, 2016, on articles classified under sub3 heading 8703.22.00 or 8703.24.00 of the Har4 monized Tariff Schedule of the United States.’’. 

5 SEC. 40307. TREATMENT OF SECURITIES OF A CON6 TROLLED CORPORATION EXCHANGED FOR 

7 ASSETS IN CERTAIN REORGANIZATIONS. 

8 (a) IN GENERAL.—Section 361 of the Internal Rev9 enue Code of 1986 is amended by adding at the end the 

10 following new subsection: 

11 ‘‘(d) SPECIAL RULES FOR TRANSACTIONS INVOLVING

12 SECTION 355 DISTRIBUTIONS.—In the case of a reorga13 nization described in section 368(a)(1)(D) with respect to 

14 which stock or securities of the corporation to which the 

15 assets are transferred are distributed in a transaction 

16 which qualifies under section 355— 

17 ‘‘(1) this section shall be applied by substituting 

18 ‘stock other than nonqualified preferred stock (as 

19 defined in section 351(g)(2))’ for ‘stock or securities’ 

20 in subsections (a) and (b)(1), and 

21 ‘‘(2) the first sentence of subsection (b)(3) shall 

22 apply only to the extent that the sum of the money 

23 and the fair market value of the other property 

24 transferred to such creditors does not exceed the ad25 justed bases of such assets transferred (reduced by 


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1 the amount of the liabilities assumed (within the 

2 meaning of section 357(c))).’’. 

3 (b) CONFORMING AMENDMENT.—Paragraph (3) of 

4 section 361(b) is amended by striking the last sentence. 

5 (c) EFFECTIVE DATE.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by this section 

8 shall apply to exchanges after the date of the enact9 ment of this Act. 

10 (2) TRANSITION RULE.—The amendments 

11 made by this section shall not apply to any exchange 

12 pursuant to a transaction which is— 

13 (A) made pursuant to a written agreement 

14 which was binding on February 6, 2012, and at 

15 all times thereafter; 

16 (B) described in a ruling request submitted 

17 to the Internal Revenue Service on or before 

18 February 6, 2012; or 

19 (C) described on or before February 6, 

20 2012, in a public announcement or in a filing 

21 with the Securities and Exchange Commission. 

22 SEC. 40308. INTERNAL REVENUE SERVICE LEVIES AND 

23 THRIFT SAVINGS PLAN ACCOUNTS. 

24 Section 8437(e)(3) of title 5, United States Code, is 

25 amended by inserting ‘‘, the enforcement of a Federal tax 


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1 levy as provided in section 6331 of the Internal Revenue 

2 Code of 1986,’’ after ‘‘(42 U.S.C. 659)’’. 

3 SEC. 40309. DEPRECIATION AND AMORTIZATION RULES 

4 FOR HIGHWAY AND RELATED PROPERTY 

5 SUBJECT TO LONG-TERM LEASES. 

6 (a) ACCELERATED COST RECOVERY.— 

7 (1) IN GENERAL.—Section 168(g)(1) of the In8 ternal Revenue Code of 1986 is amended by striking 

9 ‘‘and’’ at the end of subparagraph (D), by redesig10 nating subparagraph (E) as subparagraph (F), and 

11 by inserting after subparagraph (D) the following 

12 new subparagraph: 

13 ‘‘(E) any applicable leased highway prop14 erty,’’. 

15 (2) RECOVERY PERIOD.—The table contained in 

16 subparagraph (C) of section 168(g)(2) of such Code 

17 is amended by redesignating clause (iv) as clause (v) 

18 and by inserting after clause (iii) the following new 

19 clause: 

‘‘(iv) Applicable leased highway property ........... 45 years.’’. 

20 (3) APPLICABLE LEASED HIGHWAY PROPERTY

21 DEFINED.— 

22 (A) IN GENERAL.—Section 168(g) of such 

23 Code is amended by redesignating paragraph 


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1 (7) as paragraph (8) and by inserting after 

2 paragraph (6) the following new paragraph: 

3 ‘‘(7) APPLICABLE LEASED HIGHWAY PROP4 ERTY.—For purposes of paragraph (1)(E)— 

5 ‘‘(A) IN GENERAL.—The term ‘applicable 

6 leased highway property’ means property to 

7 which this section otherwise applies which— 

8 ‘‘(i) is subject to an applicable lease, 

9 and 

10 ‘‘(ii) is placed in service before the 

11 date of such lease. 

12 ‘‘(B) APPLICABLE LEASE.—The term ‘ap13 plicable lease’ means a lease or other arrange14 ment— 

15 ‘‘(i) which is between the taxpayer 

16 and a State or political subdivision thereof, 

17 or any agency or instrumentality of either, 

18 and 

19 ‘‘(ii) under which the taxpayer— 

20 ‘‘(I) leases a highway and associ21 ated improvements, 

22 ‘‘(II) receives a right-of-way on 

23 the public lands underlying such high24 way and improvements, and 


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1 ‘‘(III) receives a grant of a fran2 chise or other intangible right permit3 ting the taxpayer to receive funds re4 lating to the operation of such high5 way.’’. 

6 (B) CONFORMING AMENDMENT.—Subpara7 graph (F) of section 168(g)(1) (as redesignated 

8 by subsection (a)(1)) is amended by striking 

9 ‘‘paragraph (7)’’ and inserting ‘‘paragraph 

10 (8)’’. 

11 (b) AMORTIZATION OF INTANGIBLES.—Section 

12 197(f) of the Internal Revenue Code of 1986 is amended 

13 by adding at the end the following new paragraph: 

14 ‘‘(11) INTANGIBLES RELATING TO APPLICABLE

15 LEASED HIGHWAY PROPERTY.—In the case of any 

16 amortizable section 197 intangible property which is 

17 acquired in connection with an applicable lease (as 

18 defined in section 168(g)(7)(B)), the amortization 

19 period under this section shall not be less than the 

20 term of the applicable lease. For purposes of the 

21 preceding sentence, rules similar to the rules of sec22 tion 168(i)(3)(A) shall apply in determining the 

23 term of the applicable lease.’’. 

24 (c) NO PRIVATE ACTIVITY BOND FINANCING OF AP25 PLICABLE LEASED HIGHWAY PROPERTY.—Section 147(e) 


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1 of the Internal Revenue Code of 1986 is amended by in2 serting ‘‘, or to finance any applicable leased highway 

3 property (as defined in section 168(g)(7)(A))’’ after 

4 ‘‘premises’’. 

5 (d) EFFECTIVE DATES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by this section 

8 shall apply to leases entered into after the date of 

9 the enactment of this Act. 

10 (2) NO PRIVATE ACTIVITY BOND FINANCING.— 

11 The amendment made by subsection (c) shall apply 

12 to bonds issued after the date of the enactment of 

13 this Act. 

14 SEC. 40310. EXTENSION FOR TRANSFERS OF EXCESS PEN15 SION ASSETS TO RETIREE HEALTH AC16 COUNTS. 

17 (a) IN GENERAL.—Paragraph (5) of section 420(b) 

18 of the Internal Revenue Code of 1986 is amended by strik19 ing ‘‘December 31, 2013’’ and inserting ‘‘December 31, 

20 2021’’. 

21 (b) CONFORMING ERISA AMENDMENTS.— 

22 (1) Sections 101(e)(3), 403(c)(1), and 

23 408(b)(13) of the Employee Retirement Income Se24 curity Act of 1974 are each amended by striking 

25 ‘‘Pension Protection Act of 2006’’ and inserting 


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1 ‘‘Highway Investment, Job Creation, and Economic 

2 Growth Act of 2012’’. 

3 (2) Section 408(b)(13) of such Act (29 U.S.C. 

4 1108(b)(13)) is amended by striking ‘‘January 1, 

5 2014’’ and inserting ‘‘January 1, 2022’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this Act shall take effect on the date of the enactment 

8 of this Act. 

9 SEC. 40311. TRANSFER OF EXCESS PENSION ASSETS TO RE10 TIREE GROUP TERM LIFE INSURANCE AC11 COUNTS. 

12 (a) IN GENERAL.—Subsection (a) of section 420 of 

13 the Internal Revenue Code of 1986 is amended by insert14 ing ‘‘, or an applicable life insurance account,’’ after 

15 ‘‘health benefits account’’. 

16 (b) APPLICABLE LIFE INSURANCE ACCOUNT DE17 FINED.— 

18 (1) IN GENERAL.—Subsection (e) of section 

19 420 of the Internal Revenue Code of 1986 is amend20 ed by redesignating paragraphs (4) and (5) as para21 graphs (5) and (6), respectively, and by inserting 

22 after paragraph (3) the following new paragraph: 

23 ‘‘(4) APPLICABLE LIFE INSURANCE AC24 COUNT.—The term ‘applicable life insurance ac25 count’ means a separate account established and 


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1 maintained for amounts transferred under this sec2 tion for qualified current retiree liabilities based on 

3 premiums for applicable life insurance benefits.’’. 

4 (2) APPLICABLE LIFE INSURANCE BENEFITS

5 DEFINED.—Paragraph (1) of section 420(e) of such 

6 Code is amended by redesignating subparagraph (D) 

7 as subparagraph (E) and by inserting after subpara8 graph (C) the following new subparagraph: 

9 ‘‘(D) APPLICABLE LIFE INSURANCE BENE10 FITS.—The term ‘applicable life insurance bene11 fits’ means group-term life insurance coverage 

12 provided to retired employees who, immediately 

13 before the qualified transfer, are entitled to re14 ceive such coverage by reason of retirement and 

15 who are entitled to pension benefits under the 

16 plan, but only to the extent that such coverage 

17 is provided under a policy for retired employees 

18 and the cost of such coverage is excludable from 

19 the retired employee’s gross income under sec20 tion 79.’’. 

21 (3) COLLECTIVELY BARGAINED LIFE INSUR22 ANCE BENEFITS DEFINED.— 

23 (A) IN GENERAL.—Paragraph (6) of sec24 tion 420(f) of such Code is amended by redesig25 nating subparagraph (D) as subparagraph (E) 


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1 and by inserting after subparagraph (C) the fol2 lowing new subparagraph: 

3 ‘‘(D) COLLECTIVELY BARGAINED LIFE IN4 SURANCE BENEFITS.—The term ‘collectively 

5 bargained life insurance benefits’ means, with 

6 respect to any collectively bargained transfer— 

7 ‘‘(i) applicable life insurance benefits 

8 which are provided to retired employees 

9 who, immediately before the transfer, are 

10 entitled to receive such benefits by reason 

11 of retirement, and 

12 ‘‘(ii) if specified by the provisions of 

13 the collective bargaining agreement gov14 erning the transfer, applicable life insur15 ance benefits which will be provided at re16 tirement to employees who are not retired 

17 employees at the time of the transfer.’’. 

18 (B) CONFORMING AMENDMENTS.— 

19 (i) Clause (i) of section 420(e)(1)(C) 

20 of such Code is amended by striking ‘‘upon 

21 retirement’’ and inserting ‘‘by reason of re22 tirement’’. 

23 (ii) Subparagraph (C) of section 

24 420(f)(6) of such Code is amended— 


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1 (I) by striking ‘‘which are pro2 vided to’’ in the matter preceding 

3 clause (i), 

4 (II) by inserting ‘‘which are pro5 vided to’’ before ‘‘retired employees’’ 

6 in clause (i), 

7 (III) by striking ‘‘upon retire8 ment’’ in clause (i) and inserting ‘‘by 

9 reason of retirement’’, and 

10 (IV) by striking ‘‘active employ11 ees who, following their retirement,’’ 

12 and inserting ‘‘which will be provided 

13 at retirement to employees who are 

14 not retired employees at the time of 

15 the transfer and who’’. 

16 (c) MAINTENANCE OF EFFORT.— 

17 (1) IN GENERAL.—Subparagraph (A) of section 

18 420(c)(3) of the Internal Revenue Code of 1986 is 

19 amended by inserting ‘‘, and each group-term life in20 surance plan under which applicable life insurance 

21 benefits are provided,’’ after ‘‘health benefits are 

22 provided’’. 

23 (2) CONFORMING AMENDMENTS.— 

24 (A) Subparagraph (B) of section 420(c)(3) 

25 of such Code is amended— 


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1 (i) by redesignating subclauses (I) and 

2 (II) of clause (i) as subclauses (II) and 

3 (III) of such clause, respectively, and by 

4 inserting before subclause (II) of such 

5 clause, as so redesignated, the following 

6 new subclause: 

7 ‘‘(I) separately with respect to 

8 applicable health benefits and applica9 ble life insurance benefits,’’, and 

10 (ii) by striking ‘‘for applicable health 

11 benefits’’ and all that follows in clause (ii) 

12 and inserting ‘‘was provided during such 

13 taxable year for the benefits with respect 

14 to which the determination under clause (i) 

15 is made.’’. 

16 (B) Subparagraph (C) of section 420(c)(3) 

17 of such Code is amended— 

18 (i) by inserting ‘‘for applicable health 

19 benefits’’ after ‘‘applied separately’’, and 

20 (ii) by inserting ‘‘, and separately for 

21 applicable life insurance benefits with re22 spect to individuals age 65 or older at any 

23 time during the taxable year and with re24 spect to individuals under age 65 during 

25 the taxable year’’ before the period. 


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1 (C) Subparagraph (E) of section 420(c)(3) 

2 of such Code is amended— 

3 (i) in clause (i), by inserting ‘‘or re4 tiree life insurance coverage, as the case 

5 may be,’’ after ‘‘retiree health coverage’’, 

6 and 

7 (ii) in clause (ii), by inserting ‘‘FOR

8 RETIREE HEALTH COVERAGE’’ after ‘‘COST

9 REDUCTIONS’’ in the heading thereof, and 

10 (iii) in clause (ii)(II), by inserting 

11 ‘‘with respect to applicable health benefits’’ 

12 after ‘‘liabilities of the employer’’. 

13 (D) Paragraph (2) of section 420(f) of 

14 such Code is amended by striking ‘‘collectively 

15 bargained retiree health liabilities’’ each place it 

16 occurs and inserting ‘‘collectively bargained re17 tiree liabilities’’. 

18 (E) Clause (i) of section 420(f)(2)(D) of 

19 such Code is amended— 

20 (i) by inserting ‘‘, and each group21 term life insurance plan or arrangement 

22 under which applicable life insurance bene23 fits are provided,’’ in subclause (I) after 

24 ‘‘applicable health benefits are provided’’, 


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1 (ii) by inserting ‘‘or applicable life in2 surance benefits, as the case may be,’’ in 

3 subclause (I) after ‘‘provides applicable 

4 health benefits’’, 

5 (iii) by striking ‘‘group health’’ in 

6 subclause (II), and 

7 (iv) by inserting ‘‘or collectively bar8 gained life insurance benefits’’ in subclause 

9 (II) after ‘‘collectively bargained health 

10 benefits’’. 

11 (F) Clause (ii) of section 420(f)(2)(D) of 

12 such Code is amended— 

13 (i) by inserting ‘‘with respect to appli14 cable health benefits or applicable life in15 surance benefits’’ after ‘‘requirements of 

16 subsection (c)(3)’’, and 

17 (ii) by adding at the end the fol18 lowing: ‘‘Such election may be made sepa19 rately with respect to applicable health 

20 benefits and applicable life insurance bene21 fits. In the case of an election with respect 

22 to applicable life insurance benefits, the 

23 first sentence of this clause shall be ap24 plied as if subsection (c)(3) as in effect beVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01465 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 fore the amendments made by such Act 

2 applied to such benefits.’’ 

3 (G) Clause (iii) of section 420(f)(2)(D) of 

4 such Code is amended— 

5 (i) by striking ‘‘retiree’’ each place it 

6 occurs, and 

7 (ii) by inserting ‘‘, collectively bar8 gained life insurance benefits, or both, as 

9 the case may be,’’ after ‘‘health benefits’’ 

10 each place it occurs. 

11 (d) COORDINATION WITH SECTION 79.—Section 79 

12 of the Internal Revenue Code of 1986 is amended by add13 ing at the end the following new subsection: 

14 ‘‘(f) EXCEPTION FOR LIFE INSURANCE PURCHASED

15 IN CONNECTION WITH QUALIFIED TRANSFER OF EXCESS

16 PENSION ASSETS.—Subsection (b)(3) and section 

17 72(m)(3) shall not apply in the case of any cost paid 

18 (whether directly or indirectly) with assets held in an ap19 plicable life insurance account (as defined in section 

20 420(e)(4)) under a defined benefit plan.’’. 

21 (e) CONFORMING AMENDMENTS.— 

22 (1) Section 420 of the Internal Revenue Code 

23 of 1986 is amended by striking ‘‘qualified current 

24 retiree health liabilities’’ each place it appears and 

25 inserting ‘‘qualified current retiree liabilities’’. 


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1 (2) Section 420 of such Code is amended by in2 serting ‘‘, or an applicable life insurance account,’’ 

3 after ‘‘a health benefits account’’ each place it ap4 pears in subsection (b)(1)(A), subparagraphs (A), 

5 (B)(i), and (C) of subsection (c)(1), subsection 

6 (d)(1)(A), and subsection (f)(2)(E)(ii). 

7 (3) Section 420(b) of such Code is amended— 

8 (A) by adding the following at the end of 

9 paragraph (2)(A): ‘‘If there is a transfer from 

10 a defined benefit plan to both a health benefits 

11 account and an applicable life insurance ac12 count during any taxable year, such transfers 

13 shall be treated as 1 transfer for purposes of 

14 this paragraph.’’, and 

15 (B) by inserting ‘‘to an account’’ after 

16 ‘‘may be transferred’’ in paragraph (3). 

17 (4) The heading for section 420(c)(1)(B) of 

18 such Code is amended by inserting ‘‘OR LIFE INSUR19 ANCE’’ after ‘‘HEALTH BENEFITS’’. 

20 (5) Paragraph (1) of section 420(e) of such 

21 Code is amended— 

22 (A) by inserting ‘‘and applicable life insur23 ance benefits’’ in subparagraph (A) after ‘‘ap24 plicable health benefits’’, and 


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1 (B) by striking ‘‘HEALTH’’ in the heading 

2 thereof. 

3 (6) Subparagraph (B) of section 420(e)(1) of 

4 such Code is amended— 

5 (A) in the matter preceding clause (i), by 

6 inserting ‘‘(determined separately for applicable 

7 health benefits and applicable life insurance 

8 benefits)’’ after ‘‘shall be reduced by the 

9 amount’’, 

10 (B) in clause (i), by inserting ‘‘or applica11 ble life insurance accounts’’ after ‘‘health ben12 efit accounts’’, and 

13 (C) in clause (i), by striking ‘‘qualified cur14 rent retiree health liability’’ and inserting 

15 ‘‘qualified current retiree liability’’. 

16 (7) The heading for subsection (f) of section 

17 420 of such Code is amended by striking ‘‘HEALTH’’ 

18 each place it occurs. 

19 (8) Subclause (II) of section 420(f)(2)(B)(ii) of 

20 such Code is amended by inserting ‘‘or applicable 

21 life insurance account, as the case may be,’’ after 

22 ‘‘health benefits account’’. 

23 (9) Subclause (III) of section 420(f)(2)(E)(i) of 

24 such Code is amended— 


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1 (A) by inserting ‘‘defined benefit’’ before 

2 ‘‘plan maintained by an employer’’, and 

3 (B) by inserting ‘‘health’’ before ‘‘benefit 

4 plans maintained by the employer’’. 

5 (10) Paragraphs (4) and (6) of section 420(f) 

6 of such Code are each amended by striking ‘‘collec7 tively bargained retiree health liabilities’’ each place 

8 it occurs and inserting ‘‘collectively bargained retiree 

9 liabilities’’. 

10 (11) Subparagraph (A) of section 420(f)(6) of 

11 such Code is amended— 

12 (A) in clauses (i) and (ii), by inserting ‘‘, 

13 in the case of a transfer to a health benefits ac14 count,’’ before ‘‘his covered spouse and depend15 ents’’, and 

16 (B) in clause (ii), by striking ‘‘health plan’’ 

17 and inserting ‘‘plan’’. 

18 (12) Subparagraph (B) of section 420(f)(6) of 

19 such Code is amended— 

20 (A) in clause (i), by inserting ‘‘, and collec21 tively bargained life insurance benefits,’’ after 

22 ‘‘collectively bargained health benefits’’, 

23 (B) in clause (ii)— 

24 (i) by adding at the end the following: 

25 ‘‘The preceding sentence shall be applied 


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1 separately for collectively bargained health 

2 benefits and collectively bargained life in3 surance benefits.’’, and 

4 (ii) by inserting ‘‘, applicable life in5 surance accounts,’’ after ‘‘health benefit 

6 accounts’’, and 

7 (C) by striking ‘‘HEALTH’’ in the heading 

8 thereof. 

9 (13) Subparagraph (E) of section 420(f)(6) of 

10 such Code, as redesignated by subsection (b), is 

11 amended— 

12 (A) by striking ‘‘bargained health’’ and in13 serting ‘‘bargained’’, 

14 (B) by inserting ‘‘, or a group-term life in15 surance plan or arrangement for retired em16 ployees,’’ after ‘‘dependents’’, and 

17 (C) by striking ‘‘HEALTH’’ in the heading 

18 thereof. 

19 (14) Section 101(e) of the Employee Retire20 ment Income Security Act of 1974 (29 U.S.C. 

21 1021(e)) is amended— 

22 (A) in paragraphs (1) and (2), by inserting 

23 ‘‘or applicable life insurance account’’ after 

24 ‘‘health benefits account’’ each place it appears, 

25 and 


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1 (B) in paragraph (1), by inserting ‘‘or ap2 plicable life insurance benefit liabilities’’ after 

3 ‘‘health benefits liabilities’’. 

4 (f) TECHNICAL CORRECTION.—Clause (iii) of section 

5 420(f)(6)(B) is amended by striking ‘‘416(I)(1)’’ and in6 serting ‘‘416(i)(1)’’. 

7 (g) REPEAL OF DEADWOOD.— 

8 (1) Subparagraph (A) of section 420(b)(1) of 

9 the Internal Revenue Code of 1986 is amended by 

10 striking ‘‘in a taxable year beginning after December 

11 31, 1990’’. 

12 (2) Subsection (b) of section 420 of such Code 

13 is amended by striking paragraph (4) and by redes14 ignating paragraph (5), as amended by this Act, as 

15 paragraph (4). 

16 (3) Paragraph (2) of section 420(b) of such 

17 Code, as amended by this section, is amended— 

18 (A) by striking subparagraph (B), and 

19 (B) by striking ‘‘PER YEAR.—’’ and all 

20 that follows through ‘‘No more than’’ and in21 serting ‘‘PER YEAR.—No more than’’. 

22 (4) Paragraph (2) of section 420(c) of such 

23 Code is amended— 

24 (A) by striking subparagraph (B), 


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1 (B) by moving subparagraph (A) two ems 

2 to the left, and 

3 (C) by striking ‘‘BEFORE TRANSFER.—’’ 

4 and all that follows through ‘‘The requirements 

5 of this paragraph’’ and inserting the following: 

6 ‘‘BEFORE TRANSFER.—The requirements of this 

7 paragraph’’. 

8 (5) Paragraph (2) of section 420(d) of such 

9 Code is amended by striking ‘‘after December 31, 

10 1990’’. 

11 (h) EFFECTIVE DATE.— 

12 (1) IN GENERAL.—The amendments made by 

13 this section shall apply to transfers made after the 

14 date of the enactment of this Act. 

15 (2) CONFORMING AMENDMENTS RELATING TO

16 PENSION PROTECTION ACT.—The amendments made 

17 by subsections (b)(3)(B) and (f) shall take effect as 

18 if included in the amendments made by section 

19 841(a) of the Pension Protection Act of 2006. 

20 SEC. 40312. PENSION FUNDING STABILIZATION. 

21 (a) AMENDMENTS TO INTERNAL REVENUE CODE OF

22 1986.— 

23 (1) IN GENERAL.—Subparagraph (C) of section 

24 430(h)(2) of the Internal Revenue Code of 1986 is 


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1 amended by adding at the end the following new 

2 clause: 

3 ‘‘(iv) SEGMENT RATE STABILIZA4 TION.— 

5 ‘‘(I) IN GENERAL.—If a segment 

6 rate described in clause (i), (ii), or 

7 (iii) with respect to any applicable 

8 month (determined without regard to 

9 this clause) is less than the applicable 

10 minimum percentage, or more than 

11 the applicable maximum percentage, 

12 of the average of the segment rates 

13 described in such clause for years in 

14 the 25-year period ending with Sep15 tember 30 of the calendar year pre16 ceding the calendar year in which the 

17 plan year begins, then the segment 

18 rate described in such clause with re19 spect to the applicable month shall be 

20 equal to the applicable minimum per21 centage or the applicable maximum 

22 percentage of such average, whichever 

23 is closest. The Secretary shall deter24 mine such average on an annual basis 

25 and may prescribe equivalent rates for 


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1 years in any such 25-year period for 

2 which the rates described in any such 

3 clause are not available. 

4 ‘‘(II) APPLICABLE MINIMUM PER5 CENTAGE; APPLICABLE MAXIMUM

6 PERCENTAGE.—For purposes of sub7 clause (I), the applicable minimum 

8 percentage and the applicable max9 imum percentage for a plan year be10 ginning in a calendar year shall be de11 termined in accordance with the fol12 lowing table: 

‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

2012 ........................................................................ 90% 110%

2013 ........................................................................ 85% 115%

2014 ........................................................................ 80% 120%

2015 ........................................................................ 75% 125%

After 2015 .............................................................. 70% 130%.’’. 

13 (2) CONFORMING AMENDMENTS.— 

14 (A) Paragraph (6) of section 404(o) of 

15 such Code is amended by inserting ‘‘(deter16 mined by not taking into account any adjust17 ment under clause (iv) of subsection (h)(2)(C) 

18 thereof)’’ before the period. 

19 (B) Subparagraph (F) of section 430(h)(2) 

20 of such Code is amended by inserting ‘‘and the 


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1 averages determined under subparagraph 

2 (C)(iv)’’ after ‘‘subparagraph (C)’’. 

3 (C) Subparagraphs (C) and (D) of section 

4 417(e)(3) of such Code are each amended by 

5 striking ‘‘section 430(h)(2)(C)’’ and inserting 

6 ‘‘section 430(h)(2)(C) (determined by not tak7 ing into account any adjustment under clause 

8 (iv) thereof)’’. 

9 (b) AMENDMENTS TO EMPLOYEE RETIREMENT IN10 COME SECURITY ACT OF 1974.— 

11 (1) IN GENERAL.—Subparagraph (C) of section 

12 303(h)(2) of the Employee Retirement Income Secu13 rity Act of 1974 (29 U.S.C. 1083(h)(2)) is amended 

14 by adding at the end the following new clause: 

15 ‘‘(iv) SEGMENT RATE STABILIZA16 TION.— 

17 ‘‘(I) IN GENERAL.—If a segment 

18 rate described in clause (i), (ii), or 

19 (iii) with respect to any applicable 

20 month (determined without regard to 

21 this clause) is less than the applicable 

22 minimum percentage, or more than 

23 the applicable maximum percentage, 

24 of the average of the segment rates 

25 described in such clause for years in 


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1 the 25-year period ending with Sep2 tember 30 of the calendar year pre3 ceding the calendar year in which the 

4 plan year begins, then the segment 

5 rate described in such clause with re6 spect to the applicable month shall be 

7 equal to the applicable minimum per8 centage or the applicable maximum 

9 percentage of such average, whichever 

10 is closest. The Secretary of the Treas11 ury shall determine such average on 

12 an annual basis and may prescribe 

13 equivalent rates for years in any such 

14 25-year period for which the rates de15 scribed in any such clause are not 

16 available. 

17 ‘‘(II) APPLICABLE MINIMUM PER18 CENTAGE; APPLICABLE MAXIMUM

19 PERCENTAGE.—For purposes of sub20 clause (I), the applicable minimum 

21 percentage and the applicable max22 imum percentage for a plan year be23 ginning in a calendar year shall be de24 termined in accordance with the fol25 lowing table: 


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‘‘If the calendar year is: 

The applicable minimum percentage is: The applicable maximum percentage is: 

2012 ........................................................................ 90% 110%

2013 ........................................................................ 85% 115%

2014 ........................................................................ 80% 120%

2015 ........................................................................ 75% 125%

After 2015 .............................................................. 70% 130%.’’. 

1 (2) CONFORMING AMENDMENTS.— 

2 (A) Subparagraph (F) of section 303(h)(2) 

3 of such Act (29 U.S.C. 1083(h)(2)) is amended 

4 by inserting ‘‘and the averages determined 

5 under subparagraph (C)(iv)’’ after ‘‘subpara6 graph (C)’’. 

7 (B) Clauses (ii) and (iii) of section 

8 205(g)(3)(B) of such Act (29 U.S.C. 

9 1055(g)(3)(B)) are each amended by striking 

10 ‘‘section 303(h)(2)(C)’’ and inserting ‘‘section 

11 303(h)(2)(C) (determined by not taking into ac12 count any adjustment under clause (iv) there13 of)’’. 

14 (C) Clause (iv) of section 4006(a)(3)(E) of 

15 such Act (29 U.S.C. 1306(a)(3)(E)) is amended 

16 by striking ‘‘section 303(h)(2)(C)’’ and insert17 ing ‘‘section 303(h)(2)(C) (notwithstanding any 

18 regulations issued by the corporation, deter19 mined by not taking into account any adjust20 ment under clause (iv) thereof)’’. 


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1 (c) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendments made by 

3 this section shall apply with respect to plan years be4 ginning after December 31, 2011. 

5 (2) EXCEPTION.—A plan sponsor may elect not 

6 to have the amendments made by this section apply 

7 to any plan year beginning on or before the date of 

8 the enactment of this Act solely for purposes of de9 termining the adjusted funding target attainment 

10 percentage under sections 436 of the Internal Rev11 enue Code of 1986 and 206(g) of the Employee Re12 tirement Income Security Act of 1974 for such plan 

13 year. A plan shall not be treated as failing to meet 

14 the requirements of sections 411(d)(6) of such Code 

15 and 204(g) of such Act solely by reason of an elec16 tion under this paragraph. 

17 SEC. 40313. ADDITIONAL TRANSFERS TO HIGHWAY TRUST 

18 FUND. 

19 Subsection (f) of section 9503 of the Internal Rev20 enue Code of 1986, as amended by this Act, is amended 

21 by redesignating paragraph (4) as paragraph (5) and by 

22 inserting after paragraph (3) the following new paragraph: 

23 ‘‘(4) ADDITIONAL APPROPRIATIONS TO TRUST

24 FUND.—Out of money in the Treasury not otherwise 


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1 appropriated, there is hereby appropriated to the 

2 Highway Trust Fund— 

3 ‘‘(A) for fiscal year 2012, $2,183,000,000, 

4 ‘‘(B) for fiscal year 2013, $2,277,000,000, 

5 and 

6 ‘‘(C) for fiscal year 2014, $510,000,000.’’. 

7 SEC. 40314. TRANSFERS TO FEDERAL OLD-AGE AND SUR8 VIVORS INSURANCE TRUST FUND AND FED9 ERAL DISABILITY INSURANCE TRUST FUND. 

10 Out of money in the Treasury not otherwise appro11 priated, there is hereby appropriated— 

12 (1) for fiscal year 2012, $27,000,000, and 

13 (2) for fiscal year 2014, $82,000,000, 

14 to the Federal Old-Age and Survivors Trust Fund and the 

15 Federal Disability Insurance Trust Fund established 

16 under section 201 of the Social Security Act (42 U.S.C. 

17 401). The Secretary of the Treasury shall allocate such 

18 amounts between such Trust Funds in the ratio in which 

19 amounts are appropriated to such Trust Funds under 

20 clause (3) of section 201(a) and clause (1) of section 

21 201(b) of such Act. 


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1 DIVISION E—RESEARCH AND 

2 EDUCATION 

3 SEC. 50001. SHORT TITLE. 

4 This division may be cited as the ‘‘Transportation 

5 Research and Innovative Technology Act of 2012’’. 

6 TITLE I—FUNDING 

7 SEC. 51001. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) IN GENERAL.—The following amounts are au9 thorized to be appropriated out of the Highway Trust 

10 Fund (other than the Mass Transit Account): 

11 (1) HIGHWAY RESEARCH AND DEVELOPMENT

12 PROGRAM.—To carry out sections 503(b), 503(d), 

13 and 509 of title 23, United States Code, 

14 $90,000,000 for each of fiscal years 2012 and 2013. 

15 (2) TECHNOLOGY AND INNOVATION DEPLOY16 MENT PROGRAM.—To carry out section 503(c) of 

17 title 23, United States Code, $90,000,000 for each 

18 of fiscal years 2012 and 2013. 

19 (3) TRAINING AND EDUCATION.—To carry out 

20 section 504 of title 23, United States Code, 

21 $24,000,000 for each of fiscal years 2012 and 2013. 

22 (4) INTELLIGENT TRANSPORTATION SYSTEMS

23 PROGRAM.—To carry out sections 512 through 518 

24 of title 23, United States Code, $100,000,000 for 

25 each of fiscal years 2012 and 2013. 


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1 (5) UNIVERSITY TRANSPORTATION CENTERS

2 PROGRAM.—To carry out section 5505 of title 49, 

3 United States Code, $70,000,000 for each of fiscal 

4 years 2012 and 2013. 

5 (6) BUREAU OF TRANSPORTATION STATIS6 TICS.—To carry out chapter 65 of title 49, United 

7 States Code, $26,000,000 for each of fiscal years 

8 2012 and 2013. 

9 (b) APPLICABILITY OF TITLE 23, UNITED STATES

10 CODE.—Funds authorized to be appropriated by sub11 section (a) shall— 

12 (1) be available for obligation in the same man13 ner as if those funds were apportioned under chap14 ter 1 of title 23, United States Code, except that the 

15 Federal share of the cost of a project or activity car16 ried out using those funds shall be 80 percent, un17 less otherwise expressly provided by this Act (includ18 ing the amendments by this Act) or otherwise deter19 mined by the Secretary; and 

20 (2) remain available until expended and not be 

21 transferable. 


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1 TITLE II—RESEARCH, 

2 TECHNOLOGY, AND EDUCATION 

3 SEC. 52001. RESEARCH, TECHNOLOGY, AND EDUCATION. 

4 Section 501 of title 23, United States Code, is 

5 amended— 

6 (1) by redesignating paragraph (2) as para7 graph (8); 

8 (2) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) INCIDENT.—The term ‘incident’ means a 

11 crash, natural disaster, workzone activity, special 

12 event, or other emergency road user occurrence that 

13 adversely affects or impedes the normal flow of traf14 fic. 

15 ‘‘(3) INNOVATION LIFECYCLE.—The term ‘inno16 vation lifecycle’ means the process of innovating 

17 through— 

18 ‘‘(A) the identification of a need; 

19 ‘‘(B) the establishment of the scope of re20 search to address that need; 

21 ‘‘(C) setting an agenda; 

22 ‘‘(D) carrying out research, development, 

23 deployment, and testing of the resulting tech24 nology or innovation; and 


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1 ‘‘(E) carrying out an evaluation of the im2 pact of the resulting technology or innovation. 

3 ‘‘(4) INTELLIGENT TRANSPORTATION INFRA4 STRUCTURE.—The term ‘intelligent transportation 

5 infrastructure’ means fully integrated public sector 

6 intelligent transportation system components, as de7 fined by the Secretary. 

8 ‘‘(5) INTELLIGENT TRANSPORTATION SYS9 TEM.—The terms ‘intelligent transportation system’ 

10 and ‘ITS’ mean electronics, photonics, communica11 tions, or information processing used singly or in 

12 combination to improve the efficiency or safety of a 

13 surface transportation system. 

14 ‘‘(6) NATIONAL ARCHITECTURE.—For purposes 

15 of this chapter, the term ‘national architecture’ 

16 means the common framework for interoperability 

17 that defines— 

18 ‘‘(A) the functions associated with intel19 ligent transportation system user services; 

20 ‘‘(B) the physical entities or subsystems 

21 within which the functions reside; 

22 ‘‘(C) the data interfaces and information 

23 flows between physical subsystems; and 

24 ‘‘(D) the communications requirements as25 sociated with the information flows. 


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1 ‘‘(7) PROJECT.—The term ‘project’ means an 

2 undertaking to research, develop, or operationally 

3 test intelligent transportation systems or any other 

4 undertaking eligible for assistance under this chap5 ter.’’; and 

6 (3) by inserting after paragraph (8) (as so re7 designated) the following: 

8 ‘‘(9) STANDARD.—The term ‘standard’ means a 

9 document that— 

10 ‘‘(A) contains technical specifications or 

11 other precise criteria for intelligent transpor12 tation systems that are to be used consistently 

13 as rules, guidelines, or definitions of character14 istics so as to ensure that materials, products, 

15 processes, and services are fit for the intended 

16 purposes of the materials, products, processes, 

17 and services; and 

18 ‘‘(B) may support the national architecture 

19 and promote— 

20 ‘‘(i) the widespread use and adoption 

21 of intelligent transportation system tech22 nology as a component of the surface 

23 transportation systems of the United 

24 States; and 


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1 ‘‘(ii) interoperability among intelligent 

2 transportation system technologies imple3 mented throughout the States.’’. 

4 SEC. 52002. SURFACE TRANSPORTATION RESEARCH, DE5 VELOPMENT, AND TECHNOLOGY. 

6 (a) SURFACE TRANSPORTATION RESEARCH, DEVEL7 OPMENT, AND TECHNOLOGY.—Section 502 of title 23, 

8 United States Code, is amended— 

9 (1) in the section heading by inserting ‘‘, devel10 opment, and technology’’ after ‘‘surface transpor11 tation research’’; 

12 (2) in subsection (a)— 

13 (A) by redesignating paragraphs (1) 

14 through (8) as paragraphs (2) through (9), re15 spectively; 

16 (B) by inserting before paragraph (2) (as 

17 redesignated by subparagraph (A)) the fol18 lowing: 

19 ‘‘(1) APPLICABILITY.—The research, develop20 ment, and technology provisions of this section shall 

21 apply throughout this chapter.’’; 

22 (C) in paragraph (2) (as redesignated by 

23 subparagraph (A))— 

24 (i) by inserting ‘‘within the innovation 

25 lifecycle’’ after ‘‘activities’’; and 


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1 (ii) by inserting ‘‘marketing and com2 munications, impact analysis,’’ after 

3 ‘‘training,’’; 

4 (D) in paragraph (3) (as redesignated by 

5 subparagraph (A))— 

6 (i) in subparagraph (B) by striking 

7 ‘‘supports research in which there is a 

8 clear public benefit and’’ and inserting 

9 ‘‘delivers a clear public benefit and occurs 

10 where’’; 

11 (ii) in subparagraph (C) by striking 

12 ‘‘or’’ after the semicolon; 

13 (iii) by redesignating subparagraph 

14 (D) as subparagraph (H); and 

15 (iv) by inserting after subparagraph 

16 (C) the following: 

17 ‘‘(D) meets and addresses current or 

18 emerging needs; 

19 ‘‘(E) presents the best means to align re20 sources with multiyear plans and priorities; 

21 ‘‘(F) ensures the coordination of highway 

22 research and technology transfer activities, in23 cluding through activities performed by univer24 sity transportation centers; 


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1 ‘‘(G) educates current and future transpor2 tation professionals; or’’; 

3 (E) in paragraph (4) (as redesignated by 

4 subparagraph (A)) by striking subparagraphs 

5 (B) through (D) and inserting the following: 

6 ‘‘(B) partner with State highway agencies 

7 and other stakeholders as appropriate, includ8 ing international entities, to facilitate research 

9 and technology transfer activities; 

10 ‘‘(C) communicate the results of ongoing 

11 and completed research; 

12 ‘‘(D) lead efforts to coordinate national 

13 emphasis areas of highway research, technology, 

14 and innovation deployment; 

15 ‘‘(E) leverage partnerships with industry, 

16 academia, and international entities; and 

17 ‘‘(F) conduct, facilitate, and support train18 ing and education of current and future trans19 portation professionals.’’; 

20 (F) in paragraph (5)(C) (as redesignated 

21 by subparagraph (A)) by striking ‘‘policy and 

22 planning’’ and inserting ‘‘all highway objectives 

23 seeking to improve the performance of the 

24 transportation system’’; 


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1 (G) in paragraph (6) (as redesignated by 

2 subparagraph (A)) in the second sentence, by 

3 inserting ‘‘tribal governments,’’ after ‘‘local gov4 ernments,’’; and 

5 (H) in paragraph (8) (as redesignated by 

6 subparagraph (A))— 

7 (i) in the first sentence, by striking 

8 ‘‘To the maximum’’ and inserting the fol9 lowing: 

10 ‘‘(A) IN GENERAL.—To the maximum’’; 

11 (ii) in the second sentence, by striking 

12 ‘‘Performance measures’’ and inserting the 

13 following: 

14 ‘‘(B) PERFORMANCE MEASURES.—Per15 formance measures’’; 

16 (iii) in the third sentence, by striking 

17 ‘‘All evaluations’’ and inserting the fol18 lowing: 

19 ‘‘(D) AVAILABILITY OF EVALUATIONS.—All 

20 evaluations under this paragraph’’; and 

21 (iv) by inserting after subparagraph 

22 (B) the following: 

23 ‘‘(C) PROGRAM PLAN.—To the maximum 

24 extent practicable, each program pursued under 


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1 this chapter shall be part of a data-driven, out2 come-oriented program plan.’’; 

3 (3) in subsection (b)— 

4 (A) in paragraph (4) by striking ‘‘surface 

5 transportation research and technology develop6 ment strategic plan developed under section 

7 508’’ and inserting ‘‘the transportation research 

8 and development strategic plan of the Sec9 retary’’; 

10 (B) in paragraph (5) by striking ‘‘section’’ 

11 each place it appears and inserting ‘‘chapter’’; 

12 (C) in paragraph (6) by adding at the end 

13 the following: 

14 ‘‘(C) TRANSFER OF AMOUNTS AMONG

15 STATES OR TO FEDERAL HIGHWAY ADMINIS16 TRATION.—The Secretary may, at the request 

17 of a State, transfer amounts apportioned or al18 located to that State under this chapter to an19 other State or the Federal Highway Adminis20 tration to fund research, development, and tech21 nology transfer activities of mutual interest on 

22 a pooled funds basis. 

23 ‘‘(D) TRANSFER OF OBLIGATION AUTHOR24 ITY.—Obligation authority for amounts trans25 ferred under this subsection shall be disbursed 


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1 in the same manner and for the same amount 

2 as provided for the project being transferred.’’; 

3 and 

4 (D) by adding at the end the following: 

5 ‘‘(7) PRIZE COMPETITIONS.— 

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

7 carry out prize competitions to award competi8 tive prizes for surface transportation innova9 tions that have the potential for application to 

10 the research and technology objectives and ac11 tivities of the Federal Highway Administration 

12 to improve system performance. 

13 ‘‘(B) REQUIREMENTS.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 shall use a competitive process for the se16 lection of prize recipients and shall widely 

17 advertise and solicit participation in prize 

18 competitions under this paragraph. 

19 ‘‘(ii) REGISTRATION REQUIRED.—No 

20 individual or entity shall participate in a 

21 prize competition under this paragraph un22 less the individual or entity has registered 

23 with the Secretary in accordance with the 

24 eligibility requirements established by the 

25 Secretary under clause (iii). 


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1 ‘‘(iii) MINIMUM REQUIREMENTS.—The 

2 Secretary shall establish eligibility require3 ments for participation in each prize com4 petition under this paragraph, which, at a 

5 minimum, shall— 

6 ‘‘(I) limit participation in the 

7 prize competition to— 

8 ‘‘(aa) individuals who are 

9 citizens of the United States; 

10 ‘‘(bb) entities organized or 

11 existing under the laws of the 

12 United States or of a State; and 

13 ‘‘(cc) entities organized or 

14 existing under the laws of a for15 eign country, if the controlling 

16 interest, as defined by the Sec17 retary, is held by an individual or 

18 entity described in item (aa) or 

19 (bb); 

20 ‘‘(II) require any individual or 

21 entity that registers for a prize com22 petition— 

23 ‘‘(aa) to assume all risks 

24 arising from participation in the 

25 competition; and 


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1 ‘‘(bb) to waive all claims 

2 against the Federal Government 

3 for any damages arising out of 

4 participation in the competition, 

5 including all claims, whether 

6 through negligence or otherwise, 

7 except in the case of willful mis8 conduct, for— 

9 ‘‘(AA) injury, death, 

10 damage, or loss of property; 

11 or 

12 ‘‘(BB) loss of revenue 

13 or profits, whether direct, 

14 indirect, or consequential; 

15 and 

16 ‘‘(III) require any individual or 

17 entity that registers for a prize com18 petition to waive all claims against 

19 any non-Federal entity operating or 

20 managing the prize competition, such 

21 as a private contractor managing 

22 competition activities, to the extent 

23 that the Secretary believes is nec24 essary to protect the interests of the 

25 Federal Government. 


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1 ‘‘(C) RELATIONSHIP TO OTHER AUTHOR2 ITY.—The Secretary may exercise the authority 

3 in this section in conjunction with, or in addi4 tion to, any other authority of the Secretary to 

5 acquire, support, or stimulate innovations with 

6 the potential for application to the Federal 

7 highway research technology and education pro8 gram.’’; 

9 (4) in subsection (c)— 

10 (A) in paragraph (3)(A)— 

11 (i) by striking ‘‘subsection’’ and in12 serting ‘‘chapter’’; and 

13 (ii) by striking ‘‘50’’ and inserting 

14 ‘‘80’’; and 

15 (B) in paragraph (4) by striking ‘‘sub16 section’’ and inserting ‘‘chapter’’; and 

17 (5) by striking subsections (d) through (j). 

18 (b) CONFORMING AMENDMENT.—The analysis for 

19 chapter 5 of title 23, United States Code, is amended by 

20 striking the item relating to section 502 and inserting the 

21 following: 

‘‘502. Surface transportation research, development, and technology.’’. 

22 SEC. 52003. RESEARCH AND TECHNOLOGY DEVELOPMENT 

23 AND DEPLOYMENT. 

24 (a) IN GENERAL.—Section 503 of title 23, United 

25 States Code, is amended to read as follows: 


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1 ‘‘§ 503. Research and technology development and de2 ployment 

3 ‘‘(a) IN GENERAL.—The Secretary shall— 

4 ‘‘(1) carry out research, development, and de5 ployment activities that encompass the entire inno6 vation lifecycle; and 

7 ‘‘(2) ensure that all research carried out under 

8 this section aligns with the transportation research 

9 and development strategic plan of the Secretary. 

10 ‘‘(b) HIGHWAY RESEARCH AND DEVELOPMENT PRO11 GRAM.— 

12 ‘‘(1) OBJECTIVES.—In carrying out the high13 way research and development program, the Sec14 retary, to address current and emerging highway 

15 transportation needs, shall— 

16 ‘‘(A) identify research topics; 

17 ‘‘(B) coordinate domestic and international 

18 research and development activities; 

19 ‘‘(C) carry out research, testing, and eval20 uation activities; and 

21 ‘‘(D) provide technology transfer and tech22 nical assistance. 

23 ‘‘(2) CONTENTS.—Research and development 

24 activities carried out under this section may include 

25 any of the following activities: 

26 ‘‘(A) IMPROVING HIGHWAY SAFETY.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall carry out research and development 

3 activities from an integrated perspective to 

4 establish and implement systematic meas5 ures to improve highway safety. 

6 ‘‘(ii) OBJECTIVES.—In carrying out 

7 this subparagraph the Secretary shall 

8 carry out research and development activi9 ties— 

10 ‘‘(I) to achieve greater long-term 

11 safety gains; 

12 ‘‘(II) to reduce the number of fa13 talities and serious injuries on public 

14 roads; 

15 ‘‘(III) to fill knowledge gaps that 

16 limit the effectiveness of research; 

17 ‘‘(IV) to support the development 

18 and implementation of State strategic 

19 highway safety plans; 

20 ‘‘(V) to advance improvements 

21 in, and use of, performance prediction 

22 analysis for decisionmaking; and 

23 ‘‘(VI) to expand technology 

24 transfer to partners and stakeholders. 


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1 ‘‘(iii) CONTENTS.—Research and tech2 nology activities carried out under this 

3 subparagraph may include— 

4 ‘‘(I) safety assessments and deci5 sionmaking tools; 

6 ‘‘(II) data collection and analysis; 

7 ‘‘(III) crash reduction projec8 tions; 

9 ‘‘(IV) low-cost safety counter10 measures; 

11 ‘‘(V) innovative operational im12 provements and designs of roadway 

13 and roadside features; 

14 ‘‘(VI) evaluation of counter15 measure costs and benefits; 

16 ‘‘(VII) development of tools for 

17 projecting impacts of safety counter18 measures; 

19 ‘‘(VIII) rural road safety meas20 ures; 

21 ‘‘(IX) safety measures for vulner22 able road users, including bicyclists 

23 and pedestrians; 

24 ‘‘(X) safety policy studies; 


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1 ‘‘(XI) human factors studies and 

2 measures; 

3 ‘‘(XII) safety technology deploy4 ment; 

5 ‘‘(XIII) safety workforce profes6 sional capacity building initiatives; 

7 ‘‘(XIV) safety program and proc8 ess improvements; and 

9 ‘‘(XV) tools and methods to en10 hance safety performance, including 

11 achievement of statewide safety per12 formance targets. 

13 ‘‘(B) IMPROVING INFRASTRUCTURE INTEG14 RITY.— 

15 ‘‘(i) IN GENERAL.—The Secretary 

16 shall carry out and facilitate highway and 

17 bridge infrastructure research and develop18 ment activities— 

19 ‘‘(I) to maintain infrastructure 

20 integrity; 

21 ‘‘(II) to meet user needs; and 

22 ‘‘(III) to link Federal transpor23 tation investments to improvements in 

24 system performance. 


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1 ‘‘(ii) OBJECTIVES.—In carrying out 

2 this subparagraph, the Secretary shall 

3 carry out research and development activi4 ties— 

5 ‘‘(I) to reduce the number of fa6 talities attributable to infrastructure 

7 design characteristics and work zones; 

8 ‘‘(II) to improve the safety and 

9 security of highway infrastructure; 

10 ‘‘(III) to increase the reliability 

11 of lifecycle performance predictions 

12 used in infrastructure design, con13 struction, and management; 

14 ‘‘(IV) to improve the ability of 

15 transportation agencies to deliver 

16 projects that meet expectations for 

17 timeliness, quality, and cost; 

18 ‘‘(V) to reduce user delay attrib19 utable to infrastructure system per20 formance, maintenance, rehabilitation, 

21 and construction; 

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1 struction, and maintenance innova2 tions; 

3 ‘‘(VII) to reduce the lifecycle en4 vironmental impacts of highway infra5 structure through innovations in de6 sign, construction, operation, preser7 vation, and maintenance; and 

8 ‘‘(VIII) to study vulnerabilities of 

9 the transportation system to seismic 

10 activities and extreme events and 

11 methods to reduce those 

12 vulnerabilities. 

13 ‘‘(iii) CONTENTS.—Research and tech14 nology activities carried out under this 

15 subparagraph may include— 

16 ‘‘(I) long-term infrastructure per17 formance programs addressing pave18 ments, bridges, tunnels, and other 

19 structures; 

20 ‘‘(II) short-term and accelerated 

21 studies of infrastructure performance; 

22 ‘‘(III) research to develop more 

23 durable infrastructure materials and 

24 systems; 


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1 ‘‘(IV) advanced infrastructure de2 sign methods; 

3 ‘‘(V) accelerated highway and 

4 bridge construction; 

5 ‘‘(VI) performance-based speci6 fications; 

7 ‘‘(VII) construction and materials 

8 quality assurance; 

9 ‘‘(VIII) comprehensive and inte10 grated infrastructure asset manage11 ment; 

12 ‘‘(IX) infrastructure safety assur13 ance; 

14 ‘‘(X) highway infrastructure se15 curity; 

16 ‘‘(XI) sustainable infrastructure 

17 design and construction; 

18 ‘‘(XII) infrastructure rehabilita19 tion and preservation techniques, in20 cluding techniques to rehabilitate and 

21 preserve historic infrastructure; 

22 ‘‘(XIII) hydraulic, geotechnical, 

23 and aerodynamic aspects of infra24 structure; 


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1 ‘‘(XIV) improved highway con2 struction technologies and practices; 

3 ‘‘(XV) improved tools, tech4 nologies, and models for infrastruc5 ture management, including assess6 ment and monitoring of infrastructure 

7 condition; 

8 ‘‘(XVI) studies to improve flexi9 bility and resiliency of infrastructure 

10 systems to withstand climate varia11 bility; 

12 ‘‘(XVII) studies on the effective13 ness of fiber-based additives to im14 prove the durability of surface trans15 portation materials in various geo16 graphic regions; 

17 ‘‘(XVIII) studies of infrastruc18 ture resilience and other adaptation 

19 measures; 

20 ‘‘(XIX) maintenance of seismic 

21 research activities, including research 

22 carried out in conjunction with other 

23 Federal agencies to study the vulner24 ability of the transportation system to 


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1 seismic activity and methods to reduce 

2 that vulnerability; and 

3 ‘‘(XX) technology transfer and 

4 adoption of permeable, pervious, or 

5 porous paving materials, practices, 

6 and systems that are designed to min7 imize environmental impacts, 

8 stormwater runoff, and flooding and 

9 to treat or remove pollutants by allow10 ing stormwater to infiltrate through 

11 the pavement in a manner similar to 

12 predevelopment hydrologic conditions. 

13 ‘‘(iv) LIFECYCLE COSTS ANALYSIS

14 STUDY.— 

15 ‘‘(I) IN GENERAL.—In this 

16 clause, the term ‘lifecycle costs anal17 ysis’ means a process for evaluating 

18 the total economic worth of a usable 

19 project segment by analyzing initial 

20 costs and discounted future costs, 

21 such as maintenance, user, recon22 struction, rehabilitation, restoring, 

23 and resurfacing costs, over the life of 

24 the project segment. 


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1 ‘‘(II) STUDY.—The Comptroller 

2 General shall conduct a study of the 

3 best practices for calculating lifecycle 

4 costs for federally funded highway 

5 projects. At a minimum, this study 

6 shall include a thorough literature re7 view and a survey of current lifecycle 

8 cost practices of State departments of 

9 transportation. 

10 ‘‘(III) CONSULTATION.—In car11 rying out this study, the Comptroller 

12 shall consult with, at a minimum— 

13 ‘‘(aa) the American Associa14 tion of State Highway and 

15 Transportation Officials; 

16 ‘‘(bb) appropriate experts in 

17 the field of lifecycle cost analysis; 

18 and 

19 ‘‘(cc) appropriate industry 

20 experts and research centers. 

21 ‘‘(IV) REPORT.—Not later than 

22 1 year after the date of enactment of 

23 the Transportation Research and In24 novative Technology Act of 2012, the 

25 Comptroller General shall submit to 


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1 the Committee on Environment and 

2 Public Works of the Senate and the 

3 Committee on Transportation and In4 frastructure of the House of Rep5 resentatives a report on the results of 

6 the study which shall include, but is 

7 not limited to— 

8 ‘‘(aa) a summary of the lat9 est research on lifecycle cost 

10 analysis; and 

11 ‘‘(bb) recommendations on 

12 the appropriate— 

13 ‘‘(AA) period of anal14 ysis; 

15 ‘‘(BB) design period; 

16 ‘‘(CC) discount rates; 

17 and 

18 ‘‘(DD) use of actual 

19 material life and mainte20 nance cost data. 

21 ‘‘(C) STRENGTHENING TRANSPORTATION

22 PLANNING AND ENVIRONMENTAL DECISION23 MAKING.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall carry out research— 


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1 ‘‘(I) to improve transportation 

2 planning and environmental decision3 making processes; and 

4 ‘‘(II) to minimize the impact of 

5 surface transportation on the environ6 ment and quality of life. 

7 ‘‘(ii) OBJECTIVES.—In carrying out 

8 this subparagraph the Secretary shall 

9 carry out research and development activi10 ties— 

11 ‘‘(I) to reduce the impact of high12 way infrastructure and operations on 

13 the natural and human environment; 

14 ‘‘(II) to advance improvements in 

15 environmental analyses and processes 

16 and context sensitive solutions for 

17 transportation decisionmaking; 

18 ‘‘(III) to improve construction 

19 techniques; 

20 ‘‘(IV) to accelerate construction 

21 to reduce congestion and related emis22 sions; 

23 ‘‘(V) to reduce the impact of 

24 highway runoff on the environment; 


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1 ‘‘(VI) to maintain sustainability 

2 of biological communities and eco3 systems adjacent to highway cor4 ridors; 

5 ‘‘(VII) to improve understanding 

6 and modeling of the factors that con7 tribute to the demand for transpor8 tation; 

9 ‘‘(VIII) to improve transportation 

10 planning decisionmaking and coordi11 nation; and 

12 ‘‘(IX) to reduce the environ13 mental impacts of freight movement. 

14 ‘‘(iii) CONTENTS.—Research and tech15 nology activities carried out under this 

16 subparagraph may include— 

17 ‘‘(I) creation of models and tools 

18 for evaluating transportation meas19 ures and transportation system de20 signs; 

21 ‘‘(II) congestion reduction ef22 forts; 

23 ‘‘(III) transportation and eco24 nomic development planning in rural 

25 areas and small communities; 


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1 ‘‘(IV) improvement of State, 

2 local, and tribal capabilities relating 

3 to surface transportation planning 

4 and the environment; 

5 ‘‘(V) environmental stewardship 

6 and sustainability activities; 

7 ‘‘(VI) streamlining of project de8 livery processes; 

9 ‘‘(VII) development of effective 

10 strategies and techniques to analyze 

11 and minimize impacts to the natural 

12 and human environment and provide 

13 environmentally beneficial mitigation; 

14 ‘‘(VIII) comprehensive multi15 national planning; 

16 ‘‘(IX) multistate transportation 

17 corridor planning; 

18 ‘‘(X) improvement of transpor19 tation choices, including walking, bicy20 cling, and linkages to public transpor21 tation; 

22 ‘‘(XI) ecosystem sustainability; 

23 ‘‘(XII) wildlife and plant popu24 lation connectivity and interaction 

25 across and along highway corridors; 


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1 ‘‘(XIII) analysis, measurement, 

2 and reduction of air pollution from 

3 transportation sources; 

4 ‘‘(XIV) advancement in the un5 derstanding of health impact analyses 

6 in transportation planning and project 

7 development; 

8 ‘‘(XV) transportation planning 

9 professional development; 

10 ‘‘(XVI) research on improving 

11 the cooperation and integration of 

12 transportation planning with other re13 gional plans, including land use, en14 ergy, water infrastructure, economic 

15 development, and housing plans; 

16 ‘‘(XVII) reducing the environ17 mental impacts of freight movement; 

18 and 

19 ‘‘(XVIII) alternative transpor20 tation fuels research. 

21 ‘‘(D) REDUCING CONGESTION, IMPROVING

22 HIGHWAY OPERATIONS, AND ENHANCING

23 FREIGHT PRODUCTIVITY.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall carry out research under this sub3 paragraph with the goals of— 

4 ‘‘(I) addressing congestion prob5 lems; 

6 ‘‘(II) reducing the costs of con7 gestion; 

8 ‘‘(III) improving freight move9 ment; 

10 ‘‘(IV) increasing productivity; 

11 and 

12 ‘‘(V) improving the economic 

13 competitiveness of the United States. 

14 ‘‘(ii) OBJECTIVES.—In carrying out 

15 this subparagraph, the Secretary shall 

16 carry out research and development activi17 ties to identify, develop, and assess innova18 tions that have the potential— 

19 ‘‘(I) to reduce traffic congestion; 

20 ‘‘(II) to improve freight move21 ment; and 

22 ‘‘(III) to reduce freight-related 

23 congestion throughout the transpor24 tation network. 


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1 ‘‘(iii) CONTENTS.—Research and tech2 nology activities carried out under this 

3 subparagraph may include— 

4 ‘‘(I) active traffic and demand 

5 management; 

6 ‘‘(II) acceleration of the imple7 mentation of Intelligent Transpor8 tation Systems technology; 

9 ‘‘(III) advanced transportation 

10 concepts and analysis; 

11 ‘‘(IV) arterial management and 

12 traffic signal operation; 

13 ‘‘(V) congestion pricing; 

14 ‘‘(VI) corridor management; 

15 ‘‘(VII) emergency operations; 

16 ‘‘(VIII) research relating to ena17 bling technologies and applications; 

18 ‘‘(IX) freeway management; 

19 ‘‘(X) evaluation of enabling tech20 nologies; 

21 ‘‘(XI) freight industry profes22 sional development; 

23 ‘‘(XII) impacts of vehicle size 

24 and weight on congestion; 


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1 ‘‘(XIII) freight operations and 

2 technology; 

3 ‘‘(XIV) operations and freight 

4 performance measurement and man5 agement; 

6 ‘‘(XV) organization and planning 

7 for operations; 

8 ‘‘(XVI) planned special events 

9 management; 

10 ‘‘(XVII) real-time transportation 

11 information; 

12 ‘‘(XVIII) road weather manage13 ment; 

14 ‘‘(XIX) traffic and freight data 

15 and analysis tools; 

16 ‘‘(XX) traffic control devices; 

17 ‘‘(XXI) traffic incident manage18 ment; 

19 ‘‘(XXII) work zone management; 

20 ‘‘(XXIII) communication of trav21 el, roadway, and emergency informa22 tion to persons with disabilities; and 

23 ‘‘(XXIV) research on enhanced 

24 mode choice and intermodal 

25 connectivity. 


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1 ‘‘(E) ASSESSING POLICY AND SYSTEM FI2 NANCING ALTERNATIVES.— 

3 ‘‘(i) IN GENERAL.—The Secretary 

4 shall carry out research and technology on 

5 emerging issues in the domestic and inter6 national transportation community from a 

7 policy perspective. 

8 ‘‘(ii) OBJECTIVES.—Research and 

9 technology activities carried out under this 

10 subparagraph shall provide information to 

11 policy and decisionmakers on current and 

12 emerging transportation issues. 

13 ‘‘(iii) RESEARCH ACTIVITIES.—Activi14 ties carried out under this subparagraph 

15 shall include— 

16 ‘‘(I) the planning and integration 

17 of a coordinated program related to 

18 the possible design, interoperability, 

19 and institutional roles of future sus20 tainable transportation revenue mech21 anisms; 

22 ‘‘(II) field trials to research po23 tential alternative revenue mecha24 nisms, and the Secretary may partner 

25 with individual States, groups of 


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1 States, or other entities to implement 

2 such trials; and 

3 ‘‘(III) other activities to study 

4 new methods which preserve a user5 fee structure to maintain the long6 term solvency of the Highway Trust 

7 Fund. 

8 ‘‘(iv) CONTENTS.—Research and tech9 nology activities carried out under this 

10 subparagraph may include— 

11 ‘‘(I) highway needs and invest12 ment analysis; 

13 ‘‘(II) a motor fuel tax evasion 

14 program; 

15 ‘‘(III) advancing innovations in 

16 revenue generation, financing, and 

17 procurement for project delivery; 

18 ‘‘(IV) improving the accuracy of 

19 project cost analyses; 

20 ‘‘(V) highway performance meas21 urement; 

22 ‘‘(VI) travel demand performance 

23 measurement; 

24 ‘‘(VII) highway finance perform25 ance measurement; 


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1 ‘‘(VIII) international technology 

2 exchange initiatives; 

3 ‘‘(IX) infrastructure investment 

4 needs reports; 

5 ‘‘(X) promotion of the tech6 nologies, products, and best practices 

7 of the United States; and 

8 ‘‘(XI) establishment of partner9 ships among the United States, for10 eign agencies, and transportation ex11 perts. 

12 ‘‘(v) FUNDING.—Of the funds author13 ized to carry out this subsection, no less 

14 than 50 percent shall be used to carry out 

15 clause (iii). 

16 ‘‘(F) INFRASTRUCTURE INVESTMENT

17 NEEDS REPORT.— 

18 ‘‘(i) IN GENERAL.—Not later than 

19 July 31, 2012, and July 31 of every sec20 ond year thereafter, the Secretary shall 

21 submit to the Committee on Transpor22 tation and Infrastructure of the House of 

23 Representatives and the Committee on En24 vironment and Public Works of the Senate 

25 a report that describes estimates of the fuVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01514 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 ture highway and bridge needs of the 

2 United States and the backlog of current 

3 highway and bridge needs. 

4 ‘‘(ii) COMPARISONS.—Each report 

5 under clause (i) shall include all informa6 tion necessary to relate and compare the 

7 conditions and service measures used in 

8 the previous biennial reports to conditions 

9 and service measures used in the current 

10 report. 

11 ‘‘(iii) INCLUSIONS.—Each report 

12 under clause (i) shall provide recommenda13 tions to Congress on changes to the High14 way Performance Monitoring System that 

15 address— 

16 ‘‘(I) improvements to the quality 

17 and standardization of data collection 

18 on all functional classifications of 

19 Federal-aid highways for accurate sys20 tem length, lane length, and vehicle21 mile of travel; and 

22 ‘‘(II) changes to the reporting re23 quirements authorized under section 

24 315, to reflect recommendations 

25 under this paragraph for collection, 


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1 storage, analysis, reporting, and dis2 play of data for Federal-aid highways 

3 and, to the maximum extent practical, 

4 all public roads. 

5 ‘‘(G) EXPLORING NEXT GENERATION SO6 LUTIONS AND CAPITALIZING ON THE HIGHWAY

7 RESEARCH CENTER.— 

8 ‘‘(i) IN GENERAL.—The Secretary 

9 shall carry out research and development 

10 activities relating to exploratory advanced 

11 research— 

12 ‘‘(I) to leverage the targeted ca13 pabilities of the Turner-Fairbank 

14 Highway Research Center to develop 

15 technologies and innovations of na16 tional importance; and 

17 ‘‘(II) to develop potentially trans18 formational solutions to improve the 

19 durability, efficiency, environmental 

20 impact, productivity, and safety as21 pects of highway and intermodal 

22 transportation systems. 

23 ‘‘(ii) CONTENTS.—Research and tech24 nology activities carried out under this 

25 subparagraph may include— 


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1 ‘‘(I) long-term, high-risk research 

2 to improve the materials used in high3 way infrastructure; 

4 ‘‘(II) exploratory research to as5 sess the effects of transportation deci6 sions on human health; 

7 ‘‘(III) advanced development of 

8 surrogate measures for highway safe9 ty; 

10 ‘‘(IV) transformational research 

11 to affect complex environmental and 

12 highway system relationships; 

13 ‘‘(V) development of economical 

14 and environmentally sensitive designs, 

15 efficient and quality-controlled con16 struction practices, and durable mate17 rials; 

18 ‘‘(VI) development of advanced 

19 data acquisition techniques for system 

20 condition and performance moni21 toring; 

22 ‘‘(VII) inclusive research for 

23 hour-to-hour operational decision24 making and simulation forecasting; 


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1 ‘‘(VIII) understanding current 

2 and emerging phenomena to inform 

3 next generation transportation policy 

4 decisionmaking; and 

5 ‘‘(IX) continued improvement 

6 and advancement of the Turner7 Fairbank Highway Research Center. 

8 ‘‘(H) ALIGNING NATIONAL CHALLENGES

9 AND DISSEMINATING INFORMATION.— 

10 ‘‘(i) IN GENERAL.—The Secretary 

11 shall conduct research and development ac12 tivities— 

13 ‘‘(I) to establish a nationally co14 ordinated highway research agenda 

15 that— 

16 ‘‘(aa) focuses on topics of 

17 national significance; 

18 ‘‘(bb) addresses current gaps 

19 in research; 

20 ‘‘(cc) encourages collabora21 tion; 

22 ‘‘(dd) reduces unnecessary 

23 duplication of effort; and 

24 ‘‘(ee) accelerates innovation 

25 delivery; and 


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1 ‘‘(II) to provide relevant informa2 tion to researchers and highway and 

3 transportation practitioners to im4 prove the performance of the trans5 portation system. 

6 ‘‘(ii) CONTENTS.—Research and tech7 nology activities carried out under this 

8 subparagraph may include— 

9 ‘‘(I) coordination, development, 

10 and implementation of a national 

11 highway research agenda; 

12 ‘‘(II) collaboration on national 

13 emphasis areas of highway research 

14 and coordination among international, 

15 Federal, State, and university re16 search programs; 

17 ‘‘(III) development and delivery 

18 of research reports and innovation de19 livery messages; 

20 ‘‘(IV) identification of market21 ready technologies and innovations; 

22 and 

23 ‘‘(V) provision of access to data 

24 developed under this subparagraph to 

25 the public, including researchers, 


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1 stakeholders, and customers, through 

2 a publicly accessible Internet site. 

3 ‘‘(c) TECHNOLOGY AND INNOVATION DEPLOYMENT

4 PROGRAM.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall carry 

6 out a technology and innovation deployment pro7 gram relating to all aspects of highway transpor8 tation, including planning, financing, operation, 

9 structures, materials, pavements, environment, con10 struction, and the duration of time between project 

11 planning and project delivery, with the goals of— 

12 ‘‘(A) significantly accelerating the adoption 

13 of innovative technologies by the surface trans14 portation community; 

15 ‘‘(B) providing leadership and incentives to 

16 demonstrate and promote state-of-the-art tech17 nologies, elevated performance standards, and 

18 new business practices in highway construction 

19 processes that result in improved safety, faster 

20 construction, reduced congestion from construc21 tion, and improved quality and user satisfac22 tion; 

23 ‘‘(C) constructing longer-lasting highways 

24 through the use of innovative technologies and 


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1 practices that lead to faster construction of effi2 cient and safe highways and bridges; 

3 ‘‘(D) improving highway efficiency, safety, 

4 mobility, reliability, service life, environmental 

5 protection, and sustainability; and 

6 ‘‘(E) developing and deploying new tools, 

7 techniques, and practices to accelerate the 

8 adoption of innovation in all aspects of highway 

9 transportation. 

10 ‘‘(2) IMPLEMENTATION.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 promote, facilitate, and carry out the program 

13 established under paragraph (1) to distribute 

14 the products, technologies, tools, methods, or 

15 other findings that result from highway re16 search and development activities, including re17 search and development activities carried out 

18 under this chapter. 

19 ‘‘(B) ACCELERATED INNOVATION DEPLOY20 MENT.—In carrying out the program estab21 lished under paragraph (1), the Secretary 

22 shall— 

23 ‘‘(i) establish and carry out dem24 onstration programs; 


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1 ‘‘(ii) provide incentives, technical as2 sistance, and training to researchers and 

3 developers; and 

4 ‘‘(iii) develop improved tools and 

5 methods to accelerate the adoption of prov6 en innovative practices and technologies as 

7 standard practices. 

8 ‘‘(C) IMPLEMENTATION OF FUTURE STRA9 TEGIC HIGHWAY RESEARCH PROGRAM FINDINGS

10 AND RESULTS.— 

11 ‘‘(i) IN GENERAL.—The Secretary, in 

12 consultation with the American Association 

13 of State Highway and Transportation Offi14 cials and the Transportation Research 

15 Board of the National Academy of 

16 Sciences, shall implement the findings and 

17 recommendations developed under the fu18 ture strategic highway research program 

19 established under section 510. 

20 ‘‘(ii) BASIS FOR FINDINGS.—The ac21 tivities carried out under this subpara22 graph shall be based on the report sub23 mitted to Congress by the Transportation 

24 Research Board of the National Academy 

25 of Sciences under section 510(e). 


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1 ‘‘(iii) PERSONNEL.—The Secretary 

2 may use funds made available to carry out 

3 this subsection for administrative costs 

4 under this subparagraph, which funds shall 

5 be used in addition to any other funds 

6 made available for that purpose. 

7 ‘‘(iv) FEES.— 

8 ‘‘(I) IN GENERAL.—The Sec9 retary may impose and collect fees to 

10 recover costs associated with special 

11 data or analysis requests relating to 

12 safety naturalistic driving databases 

13 developed under the future of stra14 tegic highway research program. 

15 ‘‘(II) USE OF FEE AMOUNTS.— 

16 ‘‘(aa) IN GENERAL.—Any 

17 fees collected under this clause 

18 shall be made available to the 

19 Secretary to carry out this sec20 tion and shall remain available 

21 for expenditure until expended. 

22 ‘‘(bb) SUPPLEMENT, NOT

23 SUPPLANT.—Any fee amounts 

24 collected under this clause shall 

25 supplement, but not supplant, 


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1 amounts made available to the 

2 Secretary to carry out this title. 

3 ‘‘(3) ACCELERATED IMPLEMENTATION AND DE4 PLOYMENT OF PAVEMENT TECHNOLOGIES.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 establish and implement a program under the 

7 technology and innovation deployment program 

8 to promote, implement, deploy, demonstrate, 

9 showcase, support, and document the applica10 tion of innovative pavement technologies, prac11 tices, performance, and benefits. 

12 ‘‘(B) GOALS.—The goals of the accelerated 

13 implementation and deployment of pavement 

14 technologies program shall include— 

15 ‘‘(i) the deployment of new, cost-effec16 tive designs, materials, recycled materials, 

17 and practices to extend the pavement life 

18 and performance and to improve user sat19 isfaction; 

20 ‘‘(ii) the reduction of initial costs and 

21 lifecycle costs of pavements, including the 

22 costs of new construction, replacement, 

23 maintenance, and rehabilitation; 

24 ‘‘(iii) the deployment of accelerated 

25 construction techniques to increase safety 


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1 and reduce construction time and traffic 

2 disruption and congestion; 

3 ‘‘(iv) the deployment of engineering 

4 design criteria and specifications for new 

5 and efficient practices, products, and mate6 rials for use in highway pavements; 

7 ‘‘(v) the deployment of new non8 destructive and real-time pavement evalua9 tion technologies and construction tech10 niques; and 

11 ‘‘(vi) effective technology transfer and 

12 information dissemination to accelerate im13 plementation of new technologies and to 

14 improve life, performance, cost effective15 ness, safety, and user satisfaction. 

16 ‘‘(C) FUNDING.—The Secretary shall obli17 gate for each of fiscal years 2012 through 2013 

18 from funds made available to carry out this 

19 subsection— 

20 ‘‘(i) $6,000,000 to accelerate the de21 ployment and implementation of asphalt 

22 pavement technology; and 

23 ‘‘(ii) $6,000,000 to accelerate the de24 ployment and implementation of concrete 


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1 pavement technology used in highways on 

2 the national highway system. 

3 ‘‘(D) ADMINISTRATION.— 

4 ‘‘(i) IN GENERAL.—The implementa5 tion and deployment activities to be carried 

6 out under this paragraph shall be identi7 fied and conducted in collaboration with 

8 industry, State departments of transpor9 tation, the Federal Highway Administra10 tion, the National Academy of Sciences, 

11 and other appropriate entities, using the 

12 respective road maps (the Concrete Pave13 ment Road Map and National Asphalt 

14 Roadmap) as a guide. 

15 ‘‘(ii) COLLABORATION.—The Federal 

16 Highway Administration shall collaborate 

17 with organizations that have a proven 

18 track record of effective technology deploy19 ment on a national scale, stakeholder in20 volvement, and leveraging of public sector 

21 investment. 

22 ‘‘(iii) ADVISORY COMMITTEE.—A 

23 pavement technology implementation advi24 sory committee comprised of key stake25 holders, including the Federal Highway 


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1 Administration, State departments of 

2 transportation, and the pavement industry, 

3 shall be established to oversee and advise 

4 the program efforts. 

5 ‘‘(iv) REPORT.—The Secretary shall 

6 annually submit to the Committee on Envi7 ronment and Public Works of the Senate 

8 and the Committee on Transportation and 

9 Infrastructure of the House of Representa10 tives a report that details the progress and 

11 results of the activities carried out under 

12 this paragraph. 

13 ‘‘(d) AIR QUALITY AND CONGESTION MITIGATION

14 MEASURE OUTCOMES ASSESSMENT RESEARCH.— 

15 ‘‘(1) IN GENERAL.—The Secretary, in consulta16 tion with the Administrator of the Environmental 

17 Protection Agency, shall carry out a research pro18 gram to examine the outcomes of actions funded 

19 under the congestion mitigation and air quality im20 provement program since the enactment of the 

21 SAFETEA–LU (Public Law 109–59). 

22 ‘‘(2) GOALS.—The goals of the program shall 

23 include— 


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1 ‘‘(A) the assessment and documentation, 

2 through outcomes research conducted on a rep3 resentative sample of cases, of— 

4 ‘‘(i) the emission reductions achieved 

5 by federally supported surface transpor6 tation actions intended to reduce emissions 

7 or lessen traffic congestion; and 

8 ‘‘(ii) the air quality and human health 

9 impacts of those actions, including poten10 tial unrecognized or indirect consequences, 

11 attributable to those actions; 

12 ‘‘(B) an expanded base of empirical evi13 dence on the air quality and human health im14 pacts of actions described in paragraph (1); and 

15 ‘‘(C) an increase in knowledge of— 

16 ‘‘(i) the factors determining the air 

17 quality and human health changes associ18 ated with transportation emission reduc19 tion actions; and 

20 ‘‘(ii) other information to more accu21 rately understand the validity of current 

22 estimation and modeling routines and ways 

23 to improve those routines. 

24 ‘‘(3) ADMINISTRATIVE ELEMENTS.—To carry 

25 out this subsection, the Secretary shall— 


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1 ‘‘(A) make a grant for the coordination, se2 lection, management, and reporting of compo3 nent studies to an independent scientific re4 search organization with the necessary experi5 ence in successfully conducting accountability 

6 and other studies on mobile source air pollut7 ants and associated health effects; 

8 ‘‘(B) ensure that case studies are identified 

9 and conducted by teams selected through a 

10 competitive solicitation overseen by an inde11 pendent committee of unbiased experts; and 

12 ‘‘(C) ensure that all findings and reports 

13 are peer-reviewed and published in a form that 

14 presents the findings together with reviewer 

15 comments. 

16 ‘‘(4) REPORT.—The Secretary shall submit to 

17 the Committee on Environment and Public Works of 

18 the Senate and the Committee on Transportation 

19 and Infrastructure of the House of Representa20 tives— 

21 ‘‘(A) not later than 1 year after the date 

22 of enactment of the MAP–21, and for the fol23 lowing year, a report providing an initial 

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1 tively, for the program under this subsection; 

2 and 

3 ‘‘(B) not later than 2 years after the date 

4 of enactment of the MAP–21, a final report 

5 that describes the findings of, and recommenda6 tions resulting from, the program under this 

7 subsection. 

8 ‘‘(5) FUNDING.—Of the amounts made avail9 able to carry out this section, the Secretary shall 

10 make available to carry out this subsection not more 

11 than $1,000,000 for each fiscal year.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis for 

13 chapter 5 of title 23, United States Code, is amended by 

14 striking the item relating to section 503 and inserting the 

15 following: 

‘‘503. Research and technology development and deployment.’’. 

16 SEC. 52004. TRAINING AND EDUCATION. 

17 Section 504 of title 23, United States Code, is 

18 amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (2)(A) by inserting ‘‘and 

21 the employees of any other applicable Federal 

22 agency’’ before the semicolon at the end; 

23 (B) in paragraph (3)(A)(ii)(V) by striking 

24 ‘‘expediting’’ and inserting ‘‘reducing the 

25 amount of time required for’’; 


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1 (C) by striking paragraph (4); 

2 (D) by redesignating paragraphs (5) 

3 through (8) as paragraphs (4) through (7), re4 spectively; and 

5 (E) in paragraph (7) (as redesignated by 

6 subparagraph (D)) by striking ‘‘paragraph (7)’’ 

7 and inserting ‘‘paragraph (6)’’; 

8 (2) in subsection (b) by striking paragraph (3) 

9 and inserting the following: 

10 ‘‘(3) FEDERAL SHARE.— 

11 ‘‘(A) LOCAL TECHNICAL ASSISTANCE CEN12 TERS.— 

13 ‘‘(i) IN GENERAL.—Subject to sub14 paragraph (B), the Federal share of the 

15 cost of an activity carried out by a local 

16 technical assistance center under para17 graphs (1) and (2) shall be 50 percent. 

18 ‘‘(ii) NON-FEDERAL SHARE.—The 

19 non-Federal share of the cost of an activity 

20 described in clause (i) may consist of 

21 amounts provided to a recipient under sub22 section (e) or section 505, up to 100 per23 cent of the non-Federal share. 

24 ‘‘(B) TRIBAL TECHNICAL ASSISTANCE

25 CENTERS.—The Federal share of the cost of an 


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1 activity carried out by a tribal technical assist2 ance center under paragraph (2)(D)(ii) shall be 

3 100 percent.’’; 

4 (3) in subsection (c)(2)— 

5 (A) by striking ‘‘The Secretary’’ and in6 serting the following: 

7 ‘‘(A) IN GENERAL.—The Secretary’’; 

8 (B) in subparagraph (A) (as designated by 

9 subparagraph (A)) by striking ‘‘. The program’’ 

10 and inserting ‘‘, which program’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(B) USE OF AMOUNTS.—Amounts pro13 vided to institutions of higher education to 

14 carry out this paragraph shall be used to pro15 vide direct support of student expenses.’’; 

16 (4) in subsection (e)(1)— 

17 (A) in the matter preceding subparagraph 

18 (A) by striking ‘‘sections 104(b)(1), 104(b)(2), 

19 104(b)(3), 104(b)(4), and 144(e)’’ and insert20 ing ‘‘paragraphs (1) through (4) of section 

21 104(b)’’; 

22 (B) in subparagraph (D) by striking ‘‘and’’ 

23 at the end; 

24 (C) in subparagraph (E) by striking the 

25 period and inserting a semicolon; and 


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1 (D) by adding at the end the following: 

2 ‘‘(F) meetings of transportation profes3 sionals that include education and professional 

4 development activities; 

5 ‘‘(G) activities carried out by the National 

6 Highway Institute under subsection (a); and 

7 ‘‘(H) local technical assistance programs 

8 under subsection (b).’’; 

9 (5) in subsection (f) in the heading, by striking 

10 ‘‘PILOT’’; 

11 (6) in subsection (g)(4)(F) by striking ‘‘excel12 lence’’ and inserting ‘‘stewardship’’; and 

13 (7) by adding at the end the following: 

14 ‘‘(h) CENTERS FOR SURFACE TRANSPORTATION EX15 CELLENCE.— 

16 ‘‘(1) IN GENERAL.—The Secretary may make 

17 grants under this section to establish and maintain 

18 centers for surface transportation excellence. 

19 ‘‘(2) GOALS.—The goals of a center referred to 

20 in paragraph (1) shall be to promote and support 

21 strategic national surface transportation programs 

22 and activities relating to the work of State depart23 ments of transportation in the areas of environment, 

24 surface transportation safety, rural safety, and 

25 project finance.’’. 


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1 SEC. 52005. STATE PLANNING AND RESEARCH. 

2 Section 505 of title 23, United States Code, is 

3 amended— 

4 (1) in subsection (a)— 

5 (A) in the matter preceding paragraph (1) 

6 by striking ‘‘section 104 (other than sections 

7 104(f) and 104(h)) and under section 144’’ and 

8 inserting ‘‘paragraphs (1) through (5) of sec9 tion 104(b)’’; and 

10 (B) in paragraph (3) by striking ‘‘under 

11 section 303’’ and inserting ‘‘, plans, and proc12 esses under sections 119, 148, 149, and 167’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (1) by striking ‘‘25’’ and 

15 inserting ‘‘24’’; and 

16 (B) in paragraph (2) by striking ‘‘75 per17 cent of the funds described in paragraph (1)’’ 

18 and inserting ‘‘70 percent of the funds de19 scribed in subsection (a)’’; 

20 (3) by redesignating subsections (c) and (d) as 

21 subsections (d) and (e), respectively; 

22 (4) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) IMPLEMENTATION OF FUTURE STRATEGIC

25 HIGHWAY RESEARCH PROGRAM FINDINGS AND RE26 SULTS.— 


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1 ‘‘(1) FUNDS.—Not less than 6 percent of the 

2 funds subject to subsection (a) that are apportioned 

3 to a State for a fiscal year shall be made available 

4 to the Secretary to carry out section 503(c)(2)(C). 

5 ‘‘(2) TREATMENT OF FUNDS.—Funds expended 

6 under paragraph (1) shall not be considered to be 

7 part of the extramural budget of the agency for the 

8 purpose of section 9 of the Small Business Act (15 

9 U.S.C. 638).’’; and 

10 (5) in paragraph (e) (as so redesignated) by 

11 striking ‘‘section 118(b)(2)’’ and inserting ‘‘section 

12 118(b)’’. 

13 SEC. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION 

14 PROGRAM. 

15 Section 506 of title 23, United States Code, is re16 pealed. 

17 SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL 

18 COOPERATIVE RESEARCH PROGRAM. 

19 Section 507 of title 23, United States Code, is re20 pealed. 

21 SEC. 52008. NATIONAL COOPERATIVE FREIGHT RESEARCH. 

22 Section 509(d) of title 23, United States Code, is 

23 amended by adding at the end the following: 

24 ‘‘(6) COORDINATION OF COOPERATIVE RE25 SEARCH.—The National Academy of Sciences shall 


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1 coordinate research agendas, research project selec2 tions, and competitions across all transportation-re3 lated cooperative research programs carried out by 

4 the National Academy of Sciences to ensure pro5 gram efficiency, effectiveness, and the dissemination 

6 of research findings.’’. 

7 SEC. 52009. PRIZE AUTHORITY. 

8 (a) IN GENERAL.—Chapter 3 of title 49, United 

9 States Code, is amended by inserting before section 336 

10 the following: 

11 ‘‘§ 335. Prize authority 

12 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

13 may carry out a program, in accordance with this section, 

14 to competitively award cash prizes to stimulate innovation 

15 in basic and applied research, technology development, 

16 and prototype demonstration that have the potential for 

17 application to the national transportation system. 

18 ‘‘(b) TOPICS.—In selecting topics for prize competi19 tions under this section, the Secretary shall— 

20 ‘‘(1) consult with a wide variety of Government 

21 and nongovernment representatives; and 

22 ‘‘(2) give consideration to prize goals that dem23 onstrate innovative approaches and strategies to im24 prove the safety, efficiency, and sustainability of the 

25 national transportation system. 


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1 ‘‘(c) ADVERTISING.—The Secretary shall encourage 

2 participation in the prize competitions through extensive 

3 advertising. 

4 ‘‘(d) REQUIREMENTS AND REGISTRATION.—For each 

5 prize competition, the Secretary shall publish a notice on 

6 a public website that describes— 

7 ‘‘(1) the subject of the competition; 

8 ‘‘(2) the eligibility rules for participation in the 

9 competition; 

10 ‘‘(3) the amount of the prize; and 

11 ‘‘(4) the basis on which a winner will be se12 lected. 

13 ‘‘(e) ELIGIBILITY.—An individual or entity may not 

14 receive a prize under this section unless the individual or 

15 entity— 

16 ‘‘(1) has registered to participate in the com17 petition pursuant to any rules promulgated by the 

18 Secretary under this section; 

19 ‘‘(2) has complied with all the requirements 

20 under this section; 

21 ‘‘(3)(A) in the case of a private entity, is incor22 porated in, and maintains a primary place of busi23 ness in, the United States; or 

24 ‘‘(B) in the case of an individual, whether 

25 participating singly or in a group, is a citizen 


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1 or permanent resident of the United States; 

2 and 

3 ‘‘(4) is not a Federal entity or Federal em4 ployee acting within the scope of his or her employ5 ment. 

6 ‘‘(f) LIABILITY.— 

7 ‘‘(1) ASSUMPTION OF RISK.— 

8 ‘‘(A) IN GENERAL.—A registered partici9 pant shall agree to assume any and all risks 

10 and waive claims against the Federal Govern11 ment and its related entities, except in the case 

12 of willful misconduct, for any injury, death, 

13 damage, or loss of property, revenue, or profits, 

14 whether direct, indirect, or consequential, aris15 ing from participation in a competition, whether 

16 such injury, death, damage, or loss arises 

17 through negligence or otherwise. 

18 ‘‘(B) RELATED ENTITY.—In this para19 graph, the term ‘related entity’ means a con20 tractor, subcontractor (at any tier), supplier, 

21 user, customer, cooperating party, grantee, in22 vestigator, or detailee. 

23 ‘‘(2) FINANCIAL RESPONSIBILITY.—A partici24 pant shall obtain liability insurance or demonstrate 


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1 financial responsibility, in amounts determined by 

2 the Secretary, for claims by— 

3 ‘‘(A) a third party for death, bodily injury, 

4 or property damage, or loss resulting from an 

5 activity carried out in connection with participa6 tion in a competition, with the Federal Govern7 ment named as an additional insured under the 

8 registered participant’s insurance policy and 

9 registered participants agreeing to indemnify 

10 the Federal Government against third party 

11 claims for damages arising from or related to 

12 competition activities; and 

13 ‘‘(B) the Federal Government for damage 

14 or loss to Government property resulting from 

15 such an activity. 

16 ‘‘(g) JUDGES.— 

17 ‘‘(1) SELECTION.—For each prize competition, 

18 the Secretary, either directly or through an agree19 ment under subsection (h), shall assemble a panel of 

20 qualified judges to select the winner or winners of 

21 the prize competition on the basis described in sub22 section (d). Judges for each competition shall in23 clude individuals from outside the Administration, 

24 including the private sector. 


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1 ‘‘(2) LIMITATIONS.—A judge selected under 

2 this subsection may not— 

3 ‘‘(A) have personal or financial interests 

4 in, or be an employee, officer, director, or agent 

5 of, any entity that is a registered participant in 

6 a prize competition under this section; or 

7 ‘‘(B) have a familial or financial relation8 ship with an individual who is a registered par9 ticipant. 

10 ‘‘(h) ADMINISTERING THE COMPETITION.—The Sec11 retary may enter into an agreement with a private, non12 profit entity to administer the prize competition, subject 

13 to the provisions of this section. 

14 ‘‘(i) FUNDING.— 

15 ‘‘(1) PRIVATE SECTOR FUNDING.—A cash prize 

16 under this section may consist of funds appropriated 

17 by the Federal Government and funds provided by 

18 the private sector. The Secretary may accept funds 

19 from other Federal agencies, State and local govern20 ments, and metropolitan planning organizations for 

21 the cash prizes. The Secretary may not give any spe22 cial consideration to any private sector entity in re23 turn for a donation under this paragraph. 


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1 ‘‘(2) AVAILABILITY OF FUNDS.—Notwith2 standing any other provision of law, amounts appro3 priated for prize awards under this section— 

4 ‘‘(A) shall remain available until expended; 

5 and 

6 ‘‘(B) may not be transferred, repro7 grammed, or expended for other purposes until 

8 after the expiration of the 10-year period begin9 ning on the last day of the fiscal year for which 

10 the funds were originally appropriated. 

11 ‘‘(3) SAVINGS PROVISION.—Nothing in this sub12 section may be construed to permit the obligation or 

13 payment of funds in violation of the Anti-Deficiency 

14 Act (31 U.S.C. 1341). 

15 ‘‘(4) PRIZE ANNOUNCEMENT.—A prize may not 

16 be announced under this section until all the funds 

17 needed to pay out the announced amount of the 

18 prize have been appropriated or committed in writ19 ing by a private source. 

20 ‘‘(5) PRIZE INCREASES.—The Secretary may 

21 increase the amount of a prize after the initial an22 nouncement of the prize under this section if— 

23 ‘‘(A) notice of the increase is provided in 

24 the same manner as the initial notice of the 

25 prize; and 


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1 ‘‘(B) the funds needed to pay out the an2 nounced amount of the increase have been ap3 propriated or committed in writing by a private 

4 source. 

5 ‘‘(6) CONGRESSIONAL NOTIFICATION.—A prize 

6 competition under this section may offer a prize in 

7 an amount greater than $1,000,000 only after 30 

8 days have elapsed after written notice has been 

9 transmitted to the Committee on Commerce, 

10 Science, and Transportation of the Senate and the 

11 Committee on Science, Space, and Technology of the 

12 House of Representatives. 

13 ‘‘(7) AWARD LIMIT.—A prize competition under 

14 this section may not result in the award of more 

15 than $25,000 in cash prizes without the approval of 

16 the Secretary. 

17 ‘‘(j) USE OF DEPARTMENT NAME AND INSIGNIA.— 

18 A registered participant in a prize competition under this 

19 section may use the Department’s name, initials, or insig20 nia only after prior review and written approval by the 

21 Secretary. 

22 ‘‘(k) COMPLIANCE WITH EXISTING LAW.—The Fed23 eral Government shall not, by virtue of offering or pro24 viding a prize under this section, be responsible for compli25 ance by registered participants in a prize competition with 


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1 Federal law, including licensing, export control, and non2 proliferation laws, and related regulations.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 3 of title 49, United States Code, is amended by 

5 inserting before the item relating to section 336 the fol6 lowing: 

‘‘335. Prize authority’’. 

7 SEC. 52010. UNIVERSITY TRANSPORTATION CENTERS PRO8 GRAM. 

9 (a) IN GENERAL.—Section 5505 of title 49, United 

10 States Code, is amended to read as follows: 

11 ‘‘§ 5505. University transportation centers program 

12 ‘‘(a) UNIVERSITY TRANSPORTATION CENTERS PRO13 GRAM.— 

14 ‘‘(1) ESTABLISHMENT AND OPERATION.—The 

15 Secretary shall make grants under this section to eli16 gible nonprofit institutions of higher education to es17 tablish and operate university transportation cen18 ters. 

19 ‘‘(2) ROLE OF CENTERS.—The role of each uni20 versity transportation center referred to in para21 graph (1) shall be— 

22 ‘‘(A) to advance transportation expertise 

23 and technology in the varied disciplines that 

24 comprise the field of transportation through 


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1 education, research, and technology transfer ac2 tivities; 

3 ‘‘(B) to provide for a critical transpor4 tation knowledge base outside of the Depart5 ment of Transportation; and 

6 ‘‘(C) to address critical workforce needs 

7 and educate the next generation of transpor8 tation leaders. 

9 ‘‘(b) COMPETITIVE SELECTION PROCESS.— 

10 ‘‘(1) APPLICATIONS.—To receive a grant under 

11 this section, a nonprofit institution of higher edu12 cation shall submit to the Secretary an application 

13 that is in such form and contains such information 

14 as the Secretary may require. 

15 ‘‘(2) RESTRICTION.—Institutions may not apply 

16 for both a national transportation center and a re17 gional transportation center. 

18 ‘‘(3) GENERAL SELECTION CRITERIA.— 

19 ‘‘(A) IN GENERAL.—Except as otherwise 

20 provided by this section, the Secretary shall 

21 award grants under this section in nonexclusive 

22 candidate topic areas established by the Sec23 retary that address the research priorities iden24 tified in section 503 of title 23. 


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1 ‘‘(B) CRITERIA.—The Secretary, in con2 junction with the Administrators of the Federal 

3 Highway Administration and the Federal Tran4 sit Administration, shall select each recipient of 

5 a grant under this section through a competi6 tive process based on the assessment of the Sec7 retary relating to— 

8 ‘‘(i) the demonstrated ability of the 

9 recipient to address each specific topic area 

10 described in the research and strategic 

11 plans of the recipient; 

12 ‘‘(ii) the demonstrated research, tech13 nology transfer, and education resources 

14 available to the recipient to carry out this 

15 section; 

16 ‘‘(iii) the ability of the recipient to 

17 provide leadership in solving immediate 

18 and long-range national and regional 

19 transportation problems; 

20 ‘‘(iv) the ability of the recipient to 

21 carry out research, education, and tech22 nology transfer activities that are 

23 multimodal and multidisciplinary in scope; 

24 ‘‘(v) the demonstrated commitment of 

25 the recipient to carry out transportation 


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1 workforce development programs 

2 through— 

3 ‘‘(I) degree-granting programs; 

4 ‘‘(II) training seminars for prac5 ticing professionals; 

6 ‘‘(III) outreach activities to at7 tract new entrants into the transpor8 tation field, including women, minori9 ties, and persons from disadvantaged 

10 communities; and 

11 ‘‘(IV) primary and secondary 

12 school transportation workforce out13 reach; 

14 ‘‘(vi) the demonstrated ability of the 

15 recipient to disseminate results and spur 

16 the implementation of transportation re17 search and education programs through 

18 national or statewide continuing education 

19 programs; 

20 ‘‘(vii) the demonstrated commitment 

21 of the recipient to the use of peer review 

22 principles and other research best practices 

23 in the selection, management, and dissemi24 nation of research projects; 


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1 ‘‘(viii) the strategic plan submitted by 

2 the recipient describing the proposed re3 search to be carried out by the recipient 

4 and the performance metrics to be used in 

5 assessing the performance of the recipient 

6 in meeting the stated research, technology 

7 transfer, education, and outreach goals; 

8 and 

9 ‘‘(ix) the ability of the recipient to im10 plement the proposed program in a cost-ef11 ficient manner, such as through cost shar12 ing and overall reduced overhead, facilities, 

13 and administrative costs. 

14 ‘‘(c) GRANTS.— 

15 ‘‘(1) IN GENERAL.—Not later than 1 year after 

16 the date of enactment of the Transportation Re17 search and Innovative Technology Act of 2012, the 

18 Secretary, in conjunction with the Administrators of 

19 the Federal Highway Administration and the Fed20 eral Transit Administration, shall select grant recipi21 ents under subsection (b) and make grant amounts 

22 available to the selected recipients. 

23 ‘‘(2) NATIONAL TRANSPORTATION CENTERS.— 

24 ‘‘(A) IN GENERAL.—For each of fiscal 

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1 graph (B), the Secretary shall provide grants to 

2 5 recipients that the Secretary determines best 

3 meet the criteria described in subsection (b)(3). 

4 ‘‘(B) RESTRICTIONS.— 

5 ‘‘(i) IN GENERAL.—For each fiscal 

6 year, a grant made available under this 

7 paragraph shall not exceed $3,250,000 per 

8 recipient. 

9 ‘‘(ii) FOCUSED RESEARCH.—The 

10 grant recipients under this paragraph shall 

11 focus research on national transportation 

12 issues, as determined by the Secretary. 

13 ‘‘(C) MATCHING REQUIREMENT.— 

14 ‘‘(i) IN GENERAL.—As a condition of 

15 receiving a grant under this paragraph, a 

16 grant recipient shall match 100 percent of 

17 the amounts made available under the 

18 grant. 

19 ‘‘(ii) SOURCES.—The matching 

20 amounts referred to in clause (i) may in21 clude amounts made available to the recipi22 ent under— 

23 ‘‘(I) section 504(b) or 505 of title 

24 23; and 


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1 ‘‘(II) a transportation-related 

2 grant from the National Science 

3 Foundation subject to prior approval 

4 by the Secretary. 

5 ‘‘(3) REGIONAL UNIVERSITY TRANSPORTATION

6 CENTERS.— 

7 ‘‘(A) LOCATION OF REGIONAL CENTERS.— 

8 One regional university transportation center 

9 shall be located in each of the 10 Federal re10 gions that comprise the Standard Federal Re11 gions established by the Office of Management 

12 and Budget in the document entitled ‘Standard 

13 Federal Regions’ and dated April, 1974 (cir14 cular A–105). 

15 ‘‘(B) SELECTION CRITERIA.—In con16 ducting a competition under subsection (b), the 

17 Secretary shall provide grants to 10 recipients 

18 on the basis of— 

19 ‘‘(i) the criteria described in sub20 section (b)(3); 

21 ‘‘(ii) the location of the center within 

22 the Federal region to be served; and 

23 ‘‘(iii) whether the institution (or, in 

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1 stitution has a well-established, nationally 

2 recognized program in transportation re3 search and education, as evidenced by— 

4 ‘‘(I) recent expenditures by the 

5 institution in highway or public trans6 portation research; 

7 ‘‘(II) a historical track record of 

8 awarding graduate degrees in profes9 sional fields closely related to high10 ways and public transportation; and 

11 ‘‘(III) an experienced faculty who 

12 specialize in professional fields closely 

13 related to highways and public trans14 portation. 

15 ‘‘(C) RESTRICTIONS.—For each fiscal 

16 year, a grant made available under this para17 graph shall not exceed $2,750,000 for each re18 cipient. 

19 ‘‘(D) MATCHING REQUIREMENTS.— 

20 ‘‘(i) IN GENERAL.—As a condition of 

21 receiving a grant under this paragraph, a 

22 grant recipient shall match 100 percent of 

23 the amounts made available under the 

24 grant. 


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1 ‘‘(ii) SOURCES.—The matching 

2 amounts referred to in the clause (i) may 

3 include amounts made available to the re4 cipient under— 

5 ‘‘(I) section 504(b) or 505 of title 

6 23; and 

7 ‘‘(II) a transportation-related 

8 grant from the National Science 

9 Foundation subject to prior approval 

10 by the Secretary. 

11 ‘‘(4) TIER 1 UNIVERSITY TRANSPORTATION

12 CENTERS.— 

13 ‘‘(A) IN GENERAL.—For each of fiscal 

14 years 2012 and 2013, the Secretary shall pro15 vide grants of not more than $1,500,000 each 

16 to not more than 20 recipients to carry out this 

17 section. 

18 ‘‘(B) RESTRICTION.—A grant recipient 

19 under paragraph (2) or (3) shall not be eligible 

20 to receive a grant under this paragraph. 

21 ‘‘(C) MATCHING REQUIREMENT.— 

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

23 (iii), as a condition of receiving a grant 

24 under this paragraph, a grant recipient 


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1 shall match 50 percent of the amounts 

2 made available under the grant. 

3 ‘‘(ii) SOURCES.—The matching 

4 amounts referred to in clause (i) may in5 clude amounts made available to the recipi6 ent under— 

7 ‘‘(I) section 504(b) or 505 of title 

8 23; and 

9 ‘‘(II) a transportation-related 

10 grant from the National Science 

11 Foundation subject to prior approval 

12 by the Secretary. 

13 ‘‘(iii) EXEMPTION.—This subpara14 graph shall not apply on a demonstration 

15 of financial hardship by the applicant insti16 tution. 

17 ‘‘(D) FOCUSED RESEARCH.— 

18 ‘‘(i) IN GENERAL.—In awarding 

19 grants under this paragraph, consideration 

20 shall be given to minority institutions, as 

21 defined by section 365 of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1067k), or 

23 consortia that include such institutions 

24 that have demonstrated an ability in trans25 portation-related research. 


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1 ‘‘(ii) PUBLIC TRANSPORTATION

2 ISSUES.—At least 2 of the recipients 

3 awarded a grant under this paragraph 

4 shall have expertise in, and focus research 

5 on, public transportation issues. 

6 ‘‘(d) PROGRAM COORDINATION.— 

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

8 ‘‘(A) coordinate the research, education, 

9 and technology transfer activities carried out by 

10 grant recipients under this section; and 

11 ‘‘(B) disseminate the results of that re12 search through the establishment and operation 

13 of an information clearinghouse. 

14 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—Not 

15 less frequently than annually, and consistent with 

16 the plan developed under section 508 of title 23, the 

17 Secretary shall review and evaluate the programs 

18 carried out under this section by grant recipients. 

19 ‘‘(3) PROGRAM EVALUATION AND OVER20 SIGHT.—For each of fiscal years 2012 and 2013, the 

Secretary shall expend not more than 11 21 ⁄2 percent of 

22 the amounts made available to the Secretary to 

23 carry out this section for any coordination, evalua24 tion, and oversight activities of the Secretary under 

25 this section and section 5506. 


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1 ‘‘(e) LIMITATION ON AVAILABILITY OF AMOUNTS.— 

2 Amounts made available to the Secretary to carry out this 

3 section shall remain available for obligation by the Sec4 retary for a period of 3 years after the last day of the 

5 fiscal year for which the amounts are appropriated. 

6 ‘‘(f) INFORMATION COLLECTION.—Any survey, ques7 tionnaire, or interview that the Secretary determines to 

8 be necessary to carry out reporting requirements relating 

9 to any program assessment or evaluation activity under 

10 this section, including customer satisfaction assessments, 

11 shall not be subject to chapter 35 of title 44.’’. 

12 (b) CONFORMING AMENDMENT.—The analysis for 

13 chapter 55 of title 49, United States Code, is amended 

14 by striking the item relating to section 5505 and inserting 

15 the following: 

‘‘Sec. 5505. University transportation centers program.’’. 

16 SEC. 52011. BUREAU OF TRANSPORTATION STATISTICS. 

17 (a) IN GENERAL.—Subtitle III of title 49, United 

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘CHAPTER 63—BUREAU OF 

21 TRANSPORTATION STATISTICS 

‘‘Sec. 

‘‘6301. Definitions. 

‘‘6302. Bureau of Transportation Statistics. 

‘‘6303. Intermodal transportation database. 

‘‘6305. Advisory council on transportation statistics. 

‘‘6306. Transportation statistical collection, analysis, and dissemination. 

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


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‘‘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. 

1 ‘‘§ 6301. Definitions 

2 ‘‘In this chapter, the following definitions apply: 

3 ‘‘(1) BUREAU.—The term ‘Bureau’ means the 

4 Bureau of Transportation Statistics established by 

5 section 6302(a). 

6 ‘‘(2) DEPARTMENT.—The term ‘Department’ 

7 means the Department of Transportation. 

8 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

9 the Director of the Bureau. 

10 ‘‘(4) LIBRARY.—The term ‘Library’ means the 

11 National Transportation Library established by sec12 tion 6304(a). 

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

14 the Secretary of Transportation. 

15 ‘‘§ 6302. Bureau of Transportation Statistics 

16 ‘‘(a) ESTABLISHMENT.—There is established in the 

17 Research and Innovative Technology Administration the 

18 Bureau of Transportation Statistics. 

19 ‘‘(b) DIRECTOR.— 

20 ‘‘(1) APPOINTMENT.—The Bureau shall be 

21 headed by a Director, who shall be appointed in the 

22 competitive service by the Secretary. 


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1 ‘‘(2) QUALIFICATIONS.—The Director shall be 

2 appointed from among individuals who are qualified 

3 to serve as the Director by virtue of their training 

4 and experience in the collection, analysis, and use of 

5 transportation statistics. 

6 ‘‘(3) DUTIES.— 

7 ‘‘(A) IN GENERAL.—The Director shall— 

8 ‘‘(i) serve as the senior advisor to the 

9 Secretary on data and statistics; and 

10 ‘‘(ii) be responsible for carrying out 

11 the duties described in subparagraph (B). 

12 ‘‘(B) DUTIES.—The Director shall— 

13 ‘‘(i) ensure that the statistics com14 piled under clause (vi) are designed to sup15 port transportation decisionmaking by— 

16 ‘‘(I) the Federal Government; 

17 ‘‘(II) State and local govern18 ments; 

19 ‘‘(III) metropolitan planning or20 ganizations; 

21 ‘‘(IV) transportation-related asso22 ciations; 

23 ‘‘(V) the private sector, including 

24 the freight community; and 

25 ‘‘(VI) the public; 


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1 ‘‘(ii) establish on behalf of the Sec2 retary a program— 

3 ‘‘(I) to effectively integrate safety 

4 data across modes; and 

5 ‘‘(II) to address gaps in existing 

6 safety data programs of the Depart7 ment; 

8 ‘‘(iii) work with the operating admin9 istrations of the Department— 

10 ‘‘(I) to establish and implement 

11 the data programs of the Bureau; and 

12 ‘‘(II) to improve the coordination 

13 of information collection efforts with 

14 other Federal agencies; 

15 ‘‘(iv) continually improve surveys and 

16 data collection methods of the Department 

17 to improve the accuracy and utility of 

18 transportation statistics; 

19 ‘‘(v) encourage the standardization of 

20 data, data collection methods, and data 

21 management and storage technologies for 

22 data collected by— 

23 ‘‘(I) the Bureau; 

24 ‘‘(II) the operating administra25 tions of the Department; 


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1 ‘‘(III) State and local govern2 ments; 

3 ‘‘(IV) metropolitan planning or4 ganizations; and 

5 ‘‘(V) private sector entities; 

6 ‘‘(vi) collect, compile, analyze, and 

7 publish a comprehensive set of transpor8 tation statistics on the performance and 

9 impacts of the national transportation sys10 tem, including statistics on— 

11 ‘‘(I) transportation safety across 

12 all modes and intermodally; 

13 ‘‘(II) the state of good repair of 

14 United States transportation infra15 structure; 

16 ‘‘(III) the extent, connectivity, 

17 and condition of the transportation 

18 system, building on the national 

19 transportation atlas database devel20 oped under section 6310; 

21 ‘‘(IV) economic efficiency across 

22 the entire transportation sector; 

23 ‘‘(V) the effects of the transpor24 tation system on global and domestic 

25 economic competitiveness; 


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1 ‘‘(VI) demographic, economic, 

2 and other variables influencing travel 

3 behavior, including choice of transpor4 tation mode and goods movement; 

5 ‘‘(VII) transportation-related 

6 variables that influence the domestic 

7 economy and global competitiveness; 

8 ‘‘(VIII) economic costs and im9 pacts for passenger travel and freight 

10 movement; 

11 ‘‘(IX) intermodal and multimodal 

12 passenger movement; 

13 ‘‘(X) intermodal and multimodal 

14 freight movement; and 

15 ‘‘(XI) consequences of transpor16 tation for the human and natural en17 vironment; 

18 ‘‘(vii) build and disseminate the trans19 portation layer of the National Spatial 

20 Data Infrastructure developed under Exec21 utive Order 12906 (59 Fed. Reg. 17671) 

22 (or a successor Executive Order), including 

23 by coordinating the development of trans24 portation geospatial data standards, com25 piling intermodal geospatial data, and colVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01559 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 lecting geospatial data that is not being 

2 collected by other entities; 

3 ‘‘(viii) issue guidelines for the collec4 tion of information by the Department 

5 that the Director determines necessary to 

6 develop transportation statistics and carry 

7 out modeling, economic assessment, and 

8 program assessment activities to ensure 

9 that such information is accurate, reliable, 

10 relevant, uniform, and in a form that per11 mits systematic analysis by the Depart12 ment; 

13 ‘‘(ix) review and report to the Sec14 retary on the sources and reliability of— 

15 ‘‘(I) the statistics proposed by 

16 the heads of the operating administra17 tions of the Department to measure 

18 outputs and outcomes as required by 

19 the Government Performance and Re20 sults Act of 1993 (Public Law 103– 

21 62;107 Stat. 285); and 

22 ‘‘(II) at the request of the Sec23 retary, any other data collected or sta24 tistical information published by the 


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1 heads of the operating administrations 

2 of the Department; and 

3 ‘‘(x) ensure that the statistics pub4 lished under this section are readily acces5 sible to the public, consistent with applica6 ble security constraints and confidentiality 

7 interests. 

8 ‘‘(c) ACCESS TO FEDERAL DATA.—In carrying out 

9 subsection (b)(3)(B)(ii), the Director shall be given access 

10 to all safety data that the Director determines necessary 

11 to carry out that subsection that is held by the Depart12 ment or any other Federal agency upon written request 

13 and subject to any statutory or regulatory restrictions. 

14 ‘‘§ 6303. Intermodal transportation database 

15 ‘‘(a) IN GENERAL.—In consultation with the Under 

16 Secretary Transportation for Policy, the Assistant Secre17 taries of the Department, and the heads of the operating 

18 administrations of the Department, the Director shall es19 tablish and maintain a transportation database for all 

20 modes of transportation. 

21 ‘‘(b) USE.—The database established under this sec22 tion shall be suitable for analyses carried out by the Fed23 eral Government, the States, and metropolitan planning 

24 organizations. 


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1 ‘‘(c) CONTENTS.—The database established under 

2 this section shall include— 

3 ‘‘(1) information on the volumes and patterns 

4 of movement of goods, including local, interregional, 

5 and international movement, by all modes of trans6 portation, intermodal combinations, and relevant 

7 classification; 

8 ‘‘(2) information on the volumes and patterns 

9 of movement of people, including local, interregional, 

10 and international movements, by all modes of trans11 portation (including bicycle and pedestrian modes), 

12 intermodal combinations, and relevant classification; 

13 ‘‘(3) information on the location and 

14 connectivity of transportation facilities and services; 

15 and 

16 ‘‘(4) a national accounting of expenditures and 

17 capital stocks on each mode of transportation and 

18 intermodal combination. 

19 ‘‘§ 6304. National transportation library 

20 ‘‘(a) PURPOSE AND ESTABLISHMENT.—To support 

21 the information management and decisionmaking needs of 

22 transportation officials at the Federal, State, and local lev23 els, there is established in the Bureau a National Trans24 portation Library which shall— 


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1 ‘‘(1) be headed by an individual who is highly 

2 qualified in library and information science; 

3 ‘‘(2) acquire, preserve, and manage transpor4 tation information and information products and 

5 services for use by the Department, other Federal 

6 agencies, and the general public; 

7 ‘‘(3) provide reference and research assistance; 

8 ‘‘(4) serve as a central depository for research 

9 results and technical publications of the Depart10 ment; 

11 ‘‘(5) provide a central clearinghouse for trans12 portation data and information of the Federal Gov13 ernment; 

14 ‘‘(6) serve as coordinator and policy lead for 

15 transportation information access; 

16 ‘‘(7) provide transportation information and in17 formation products and services to— 

18 ‘‘(A) the Department; 

19 ‘‘(B) other Federal agencies; 

20 ‘‘(C) public and private organizations; and 

21 ‘‘(D) individuals, within the United States 

22 and internationally; 

23 ‘‘(8) coordinate efforts among, and cooperate 

24 with, transportation libraries, information providers, 

25 and technical assistance centers, in conjunction with 


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1 private industry and other transportation library and 

2 information centers, with the goal of developing a 

3 comprehensive transportation information and 

4 knowledge network that supports the activities de5 scribed in section 6302(b)(3)(B)(vi); and 

6 ‘‘(9) engage in such other activities as the Di7 rector determines to be necessary and as the re8 sources of the Library permit. 

9 ‘‘(b) ACCESS.—The Director shall publicize, facili10 tate, and promote access to the information products and 

11 services described in subsection (a), to improve the ability 

12 of the transportation community to share information and 

13 the ability of the Director to make statistics and other 

14 information readily accessible as required under section 

15 6302(b)(3)(B)(x). 

16 ‘‘(c) AGREEMENTS.— 

17 ‘‘(1) IN GENERAL.—To carry out this section, 

18 the Director may enter into agreements with, award 

19 grants to, and receive amounts from, any— 

20 ‘‘(A) State or local government; 

21 ‘‘(B) organization; 

22 ‘‘(C) business; or 

23 ‘‘(D) individual. 

24 ‘‘(2) CONTRACTS, GRANTS, AND AGREE25 MENTS.—The Library may initiate and support speVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01564 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 cific information and data management, access, and 

2 exchange activities in connection with matters relat3 ing to the Department’s strategic goals, knowledge 

4 networking, and national and international coopera5 tion, by entering into contracts or other agreements 

6 or awarding grants for the conduct of such activi7 ties. 

8 ‘‘(3) AMOUNTS.—Any amounts received by the 

9 Library as payment for library products and services 

10 or other activities shall be made available to the Di11 rector to carry out this section, deposited in the Re12 search and Innovative Technology Administration’s 

13 general fund account, and remain available until ex14 pended. 

15 ‘‘§ 6305. Advisory council on transportation statistics 

16 ‘‘(a) IN GENERAL.—The Director shall establish and 

17 consult with an advisory council on transportation statis18 tics. 

19 ‘‘(b) FUNCTION.—The advisory council established 

20 under this section shall advise the Director on— 

21 ‘‘(1) the quality, reliability, consistency, objec22 tivity, and relevance of transportation statistics and 

23 analyses collected, supported, or disseminated by the 

24 Bureau and the Department; and 


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1 ‘‘(2) methods to encourage cooperation and 

2 interoperability of transportation data collected by 

3 the Bureau, the operating administrations of the De4 partment, States, local governments, metropolitan 

5 planning organizations, and private sector entities. 

6 ‘‘(c) MEMBERSHIP.— 

7 ‘‘(1) IN GENERAL.—The advisory council shall 

8 be composed of not fewer than 9 and not more than 

9 11 members appointed by the Director. 

10 ‘‘(2) SELECTION.—In selecting members for the 

11 advisory council, the Director shall appoint individ12 uals who— 

13 ‘‘(A) are not officers or employees of the 

14 United States; 

15 ‘‘(B) possess expertise in— 

16 ‘‘(i) transportation data collection, 

17 analysis, or application; 

18 ‘‘(ii) economics; or 

19 ‘‘(iii) transportation safety; and 

20 ‘‘(C) represent a cross section of transpor21 tation stakeholders, to the greatest extent pos22 sible. 

23 ‘‘(d) TERMS OF APPOINTMENT.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), members of the advisory council shall be 

3 appointed to staggered terms not to exceed 3 years. 

4 ‘‘(2) ADDITIONAL TERMS.—A member may be 

5 renominated for 1 additional 3-year term. 

6 ‘‘(3) CURRENT MEMBERS.—A member serving 

7 on an advisory council on transportation statistics 

8 on the day before the date of enactment of the 

9 Transportation Research and Innovative Technology 

10 Act of 2012 shall serve until the end of the ap11 pointed term of the member. 

12 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM13 MITTEE ACT.—The Federal Advisory Committee Act (5 

14 U.S.C. App.) shall apply to the advisory council estab15 lished under this section, except that section 14 of that 

16 Act shall not apply. 

17 ‘‘§ 6306. Transportation statistical collection, anal18 ysis, and dissemination 

19 ‘‘To ensure that all transportation statistical collec20 tion, analysis, and dissemination is carried out in a coordi21 nated manner, the Director may— 

22 ‘‘(1) use the services, equipment, records, per23 sonnel, information, and facilities of other Federal 

24 agencies, or State, local, and private agencies and 

25 instrumentalities, subject to the conditions that the 


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1 applicable agency or instrumentality consents to that 

2 use and with or without reimbursement for such use; 

3 ‘‘(2) enter into agreements with the agencies 

4 and instrumentalities described in paragraph (1) for 

5 purposes of data collection and analysis; 

6 ‘‘(3) confer and cooperate with foreign govern7 ments, international organizations, and State, mu8 nicipal, and other local agencies; 

9 ‘‘(4) request such information, data, and re10 ports from any Federal agency as the Director de11 termines necessary to carry out this chapter; 

12 ‘‘(5) encourage replication, coordination, and 

13 sharing of information among transportation agen14 cies regarding information systems, information pol15 icy, and data; and 

16 ‘‘(6) confer and cooperate with Federal statis17 tical agencies as the Director determines necessary 

18 to carry out this chapter, including by entering into 

19 cooperative data sharing agreements in conformity 

20 with all laws and regulations applicable to the disclo21 sure and use of data. 

22 ‘‘§ 6307. Furnishing of information, data, or reports 

23 by Federal agencies 

24 ‘‘(a) IN GENERAL.—Except as provided in subsection 

25 (b), a Federal agency requested to furnish information, 


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1 data, or reports by the Director under section 

2 6302(b)(3)(B) shall provide the information to the Direc3 tor. 

4 ‘‘(b) PROHIBITION ON CERTAIN DISCLOSURES.— 

5 ‘‘(1) IN GENERAL.—An officer, employee, or 

6 contractor of the Bureau may not— 

7 ‘‘(A) make any disclosure in which the 

8 data provided by an individual or organization 

9 under section 6302(b)(3)(B) can be identified; 

10 ‘‘(B) use the information provided under 

11 section 6302(b)(3)(B) for a nonstatistical pur12 pose; or 

13 ‘‘(C) permit anyone other than an indi14 vidual authorized by the Director to examine 

15 any individual report provided under section 

16 6302(b)(3)(B). 

17 ‘‘(2) COPIES OF REPORTS.— 

18 ‘‘(A) IN GENERAL.—No department, bu19 reau, agency, officer, or employee of the United 

20 States (except the Director in carrying out this 

21 chapter) may require, for any reason, a copy of 

22 any report that has been filed under section 

23 6302(b)(3)(B) with the Bureau or retained by 

24 an individual respondent. 


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1 ‘‘(B) LIMITATION ON JUDICIAL PRO2 CEEDINGS.—A copy of a report described in 

3 subparagraph (A) that has been retained by an 

4 individual respondent or filed with the Bureau 

5 or any of the employees, contractors, or agents 

6 of the Bureau— 

7 ‘‘(i) shall be immune from legal proc8 ess; and 

9 ‘‘(ii) shall not, without the consent of 

10 the individual concerned, be admitted as 

11 evidence or used for any purpose in any 

12 action, suit, or other judicial or adminis13 trative proceedings. 

14 ‘‘(C) APPLICABILITY.—This paragraph 

15 shall apply only to reports that permit informa16 tion concerning an individual or organization to 

17 be reasonably determined by direct or indirect 

18 means. 

19 ‘‘(3) INFORMING RESPONDENT OF USE OF

20 DATA.—If the Bureau is authorized by statute to 

21 collect data or information for a nonstatistical pur22 pose, the Director shall clearly distinguish the collec23 tion of the data or information, by rule and on the 

24 collection instrument, in a manner that informs the 

25 respondent who is requested or required to supply 


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1 the data or information of the nonstatistical pur2 pose. 

3 ‘‘(c) TRANSPORTATION AND TRANSPORTATION-RE4 LATED DATA ACCESS.—The Director shall be provided ac5 cess to any transportation and transportation-related in6 formation in the possession of any Federal agency, ex7 cept— 

8 ‘‘(1) information that is expressly prohibited by 

9 law from being disclosed to another Federal agency; 

10 or 

11 ‘‘(2) information that the agency possessing the 

12 information determines could not be disclosed with13 out significantly impairing the discharge of authori14 ties and responsibilities which have been delegated 

15 to, or vested by law, in such agency. 

16 ‘‘§ 6308. Proceeds of data product sales 

17 ‘‘Notwithstanding section 3302 of title 31, amounts 

18 received by the Bureau from the sale of data products for 

19 necessary expenses incurred may be credited to the High20 way Trust Fund (other than the Mass Transit Account) 

21 for the purpose of reimbursing the Bureau for those ex22 penses. 

23 ‘‘§ 6309. Information collection 

24 ‘‘As the head of an independent Federal statistical 

25 agency, the Director may consult directly with the Office 


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1 of Management and Budget concerning any survey, ques2 tionnaire, or interview that the Director considers nec3 essary to carry out the statistical responsibilities of this 

4 chapter. 

5 ‘‘§ 6310. National transportation atlas database 

6 ‘‘(a) IN GENERAL.—The Director shall develop and 

7 maintain a national transportation atlas database that is 

8 comprised of geospatial databases that depict— 

9 ‘‘(1) transportation networks; 

10 ‘‘(2) flows of people, goods, vehicles, and craft 

11 over the transportation networks; and 

12 ‘‘(3) social, economic, and environmental condi13 tions that affect or are affected by the transpor14 tation networks. 

15 ‘‘(b) INTERMODAL NETWORK ANALYSIS.—The data16 bases referred to in subsection (a) shall be capable of sup17 porting intermodal network analysis. 

18 ‘‘§ 6311. Limitations on statutory construction 

19 ‘‘Nothing in this chapter— 

20 ‘‘(1) authorizes the Bureau to require any other 

21 Federal agency to collect data; or 

22 ‘‘(2) alters or diminishes the authority of any 

23 other officer of the Department to collect and dis24 seminate data independently. 


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1 ‘‘§ 6312. Research and development grants 

2 ‘‘The Secretary may make grants to, or enter into 

3 cooperative agreements or contracts with, public and non4 profit private entities (including State transportation de5 partments, metropolitan planning organizations, and insti6 tutions of higher education) for— 

7 ‘‘(1) investigation of the subjects described in 

8 section 6302(b)(3)(B)(vi); 

9 ‘‘(2) research and development of new methods 

10 of data collection, standardization, management, in11 tegration, dissemination, interpretation, and anal12 ysis; 

13 ‘‘(3) demonstration programs by States, local 

14 governments, and metropolitan planning organiza15 tions to coordinate data collection, reporting, man16 agement, storage, and archiving to simplify data 

17 comparisons across jurisdictions; 

18 ‘‘(4) development of electronic clearinghouses of 

19 transportation data and related information, as part 

20 of the Library; and 

21 ‘‘(5) development and improvement of methods 

22 for sharing geographic data, in support of the data23 base under section 6310 and the National Spatial 

24 Data Infrastructure developed under Executive 

25 Order 12906 (59 Fed. Reg. 17671) (or a successor 

26 Executive Order). 


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1 ‘‘§ 6313. Transportation statistics annual report 

2 ‘‘The Director shall submit to the President and Con3 gress a transportation statistics annual report, which shall 

4 include— 

5 ‘‘(1) information on the progress of the Direc6 tor in carrying out the duties described in section 

7 6302(b)(3)(B); 

8 ‘‘(2) documentation of the methods used to ob9 tain and ensure the quality of the statistics pre10 sented in the report; and 

11 ‘‘(3) any recommendations of the Director for 

12 improving transportation statistical information. 

13 ‘‘§ 6314. Mandatory response authority for freight 

14 data collection 

15 ‘‘(a) FREIGHT DATA COLLECTION.— 

16 ‘‘(1) IN GENERAL.—An owner, official, agent, 

17 person in charge, or assistant to the person in 

18 charge of a freight corporation, company, business, 

19 institution, establishment, or organization described 

20 in paragraph (2) shall be fined in accordance with 

21 subsection (b) if that individual neglects or refuses, 

22 when requested by the Director or other authorized 

23 officer, employee, or contractor of the Bureau to 

24 submit data under section 6302(b)(3)(B)— 

25 ‘‘(A) to answer completely and correctly to 

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1 tions relating to the corporation, company, busi2 ness, institution, establishment, or other organi3 zation; or 

4 ‘‘(B) to make available records or statistics 

5 in the official custody of the individual. 

6 ‘‘(2) DESCRIPTION OF ENTITIES.—A freight 

7 corporation, company, business, institution, estab8 lishment, or organization referred to in paragraph 

9 (1) is a corporation, company, business, institution, 

10 establishment, or organization that— 

11 ‘‘(A) receives Federal funds relating to the 

12 freight program; and 

13 ‘‘(B) has consented to be subject to a fine 

14 under this subsection on— 

15 ‘‘(i) refusal to supply any data re16 quested; or 

17 ‘‘(ii) failure to respond to a written 

18 request. 

19 ‘‘(b) FINES.— 

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

21 an individual described in subsection (a) shall be 

22 fined not more than $500. 

23 ‘‘(2) WILLFUL ACTIONS.—If an individual will24 fully gives a false answer to a question described in 


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1 subsection (a)(1), the individual shall be fined not 

2 more than $10,000.’’. 

3 (b) RULES OF CONSTRUCTION.—If the provisions of 

4 section 111 of title 49, United States Code, are trans5 ferred to chapter 63 of that title, the following rules of 

6 construction apply: 

7 (1) For purposes of determining whether 1 pro8 vision of law supersedes another based on enactment 

9 later in time, a chapter 63 provision is deemed to 

10 have been enacted on the date of enactment of the 

11 corresponding section 111 provision. 

12 (2) A reference to a section 111 provision, in13 cluding a reference in a regulation, order, or other 

14 law, is deemed to refer to the corresponding chapter 

15 63 provision. 

16 (3) A regulation, order, or other administrative 

17 action in effect under a section 111 provision con18 tinues in effect under the corresponding chapter 63 

19 provision. 

20 (4) An action taken or an offense committed 

21 under a section 111 provision is deemed to have 

22 been taken or committed under the corresponding 

23 chapter 63 provision. 

24 (c) CONFORMING AMENDMENTS.— 


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1 (1) REPEAL.—Section 111 of title 49, United 

2 States Code, is repealed, and the item relating to 

3 section 111 in the analysis for chapter 1 of that title 

4 is deleted. 

5 (2) ANALYSIS FOR SUBTITLE III.—The analysis 

6 for subtitle III of title 49, United States Code, is 

7 amended by inserting after the items for chapter 61 

8 the following: 

‘‘Chapter 63. Bureau of Transportation Statistics.’’. 

9 SEC. 52012. ADMINISTRATIVE AUTHORITY. 

10 Section 112 of title 49, United States Code, is 

11 amended by adding at the end the following: 

12 ‘‘(f) PROMOTIONAL AUTHORITY.—Amounts author13 ized to be appropriated for the administration and oper14 ation of the Research and Innovative Technology Adminis15 tration may be used to purchase promotional items of 

16 nominal value for use by the Administrator of the Re17 search and Innovative Technology Administration in the 

18 recruitment of individuals and promotion of the programs 

19 of the Administration. 

20 ‘‘(g) PROGRAM EVALUATION AND OVERSIGHT.—For 

21 each of fiscal years 2012 and 2013, the Administrator is 

authorized to expend not more than 1 1 22 ⁄2 percent of the 

23 amounts authorized to be appropriated for necessary ex24 penses for administration and operations of the Research 

25 and Innovative Technology Administration for the coordiVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01577 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 nation, evaluation, and oversight of the programs adminis2 tered by the Administration. 

3 ‘‘(h) COLLABORATIVE RESEARCH AND DEVELOP4 MENT.— 

5 ‘‘(1) IN GENERAL.—To encourage innovative 

6 solutions to multimodal transportation problems and 

7 stimulate the deployment of new technology, the Ad8 ministrator may carry out, on a cost-shared basis, 

9 collaborative research and development with— 

10 ‘‘(A) non-Federal entities, including State 

11 and local governments, foreign governments, in12 stitutions of higher education, corporations, in13 stitutions, partnerships, sole proprietorships, 

14 and trade associations that are incorporated or 

15 established under the laws of any State; 

16 ‘‘(B) Federal laboratories; and 

17 ‘‘(C) other Federal agencies. 

18 ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND

19 AGREEMENTS.—Notwithstanding any other provision 

20 of law, the Administrator may directly initiate con21 tracts, grants, cooperative research and development 

22 agreements (as defined in section 12 of the Steven23 son-Wydler Technology Innovation Act of 1980 (15 

24 U.S.C. 3710a)), and other agreements to fund, and 

25 accept funds from, the Transportation Research 


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1 Board of the National Research Council of the Na2 tional Academy of Sciences, State departments of 

3 transportation, cities, counties, institutions of higher 

4 education, associations, and the agents of those enti5 ties to carry out joint transportation research and 

6 technology efforts. 

7 ‘‘(3) FEDERAL SHARE.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the Federal share of the cost of an 

10 activity carried out under paragraph (2) shall 

11 not exceed 50 percent. 

12 ‘‘(B) EXCEPTION.—If the Secretary deter13 mines that the activity is of substantial public 

14 interest or benefit, the Secretary may approve 

15 a greater Federal share. 

16 ‘‘(C) NON-FEDERAL SHARE.—All costs di17 rectly incurred by the non-Federal partners, in18 cluding personnel, travel, facility, and hardware 

19 development costs, shall be credited toward the 

20 non-Federal share of the cost of an activity de21 scribed in subparagraph (A). 

22 ‘‘(4) USE OF TECHNOLOGY.—The research, de23 velopment, or use of a technology under a contract, 

24 grant, cooperative research and development agree25 ment, or other agreement entered into under this 


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1 subsection, including the terms under which the 

2 technology may be licensed and the resulting royal3 ties may be distributed, shall be subject to the Ste4 venson-Wydler Technology Innovation Act of 1980 

5 (15 U.S.C. 3701 et seq.). 

6 ‘‘(5) WAIVER OF ADVERTISING REQUIRE7 MENTS.—Section 6101 of title 41, United States 

8 Code shall not apply to a contract, grant, or other 

9 agreement entered into under this section.’’. 

10 SEC. 52013. TRANSPORTATION RESEARCH AND DEVELOP11 MENT STRATEGIC PLANNING. 

12 Section 508(a) of title 23, United States Code, is 

13 amended— 

14 (1) in paragraph (1), by striking ‘‘SAFETEA– 

15 LU’’ and inserting ‘‘Transportation Research and 

16 Innovative Technology Act of 2012’’; and 

17 (2) in paragraph (2), by striking subparagraph 

18 (A) and inserting the following: 

19 ‘‘(A) describe the primary purposes of the 

20 transportation research and development pro21 gram, which shall include, at a minimum— 

22 ‘‘(i) promoting safety; 

23 ‘‘(ii) reducing congestion and improv24 ing mobility; 


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1 ‘‘(iii) protecting and enhancing the 

2 environment; 

3 ‘‘(iv) preserving the existing transpor4 tation system; 

5 ‘‘(v) improving the durability and ex6 tending the life of transportation infra7 structure; and 

8 ‘‘(vi) improving goods movement;’’. 

9 TITLE III—INTELLIGENT TRANS10 PORTATION SYSTEMS RE11 SEARCH 

12 SEC. 53001. USE OF FUNDS FOR ITS ACTIVITIES. 

13 Section 513 of title 23, United States Code, is 

14 amended to read as follows: 

15 ‘‘§ 513. Use of funds for ITS activities 

16 ‘‘(a) DEFINITIONS.—In this section, the following 

17 definitions apply: 

18 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en19 tity’ means a State or local government, tribal gov20 ernment, transit agency, public toll authority, metro21 politan planning organization, other political subdivi22 sion of a State or local government, or a multistate 

23 or multijurisdictional group applying through a sin24 gle lead applicant. 


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1 ‘‘(2) MULTIJURISDICTIONAL GROUP.—The term 

2 ‘multijurisdictional group’ means a combination of 

3 State governments, local governments, metropolitan 

4 planning agencies, transit agencies, or other political 

5 subdivisions of a State that— 

6 ‘‘(A) have signed a written agreement to 

7 implement an activity that meets the grant cri8 teria under this section; and 

9 ‘‘(B) is comprised of at least 2 members, 

10 each of whom is an eligible entity. 

11 ‘‘(b) PURPOSE.—The purpose of this section is to de12 velop, administer, communicate, and promote the use of 

13 products of research, technology, and technology transfer 

14 programs. 

15 ‘‘(c) ITS DEPLOYMENT INCENTIVES.— 

16 ‘‘(1) IN GENERAL.—The Secretary may— 

17 ‘‘(A) develop and implement incentives to 

18 accelerate the deployment of ITS technologies 

19 and services within all funding programs au20 thorized by the Transportation Research and 

21 Innovative Technology Act of 2012; and 

22 ‘‘(B) for each fiscal year, use amounts 

23 made available to the Secretary to carry out in24 telligent transportation systems outreach, inVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01582 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 cluding through the use of websites, public rela2 tions, displays, tours, and brochures. 

3 ‘‘(2) COMPREHENSIVE PLAN.—To carry out 

4 this section, the Secretary shall develop a detailed 

5 and comprehensive plan that addresses the manner 

6 in which incentives may be adopted, as appropriate, 

7 through the existing deployment activities carried 

8 out by surface transportation modal administrations. 

9 ‘‘(d) SYSTEM OPERATIONS AND ITS DEPLOYMENT

10 GRANT PROGRAM.— 

11 ‘‘(1) ESTABLISHMENT.—The Secretary shall es12 tablish a competitive grant program to accelerate the 

13 deployment, operation, systems management, inter14 modal integration, and interoperability of the ITS 

15 program and ITS-enabled operational strategies— 

16 ‘‘(A) to measure and improve the perform17 ance of the surface transportation system; 

18 ‘‘(B) to reduce traffic congestion and the 

19 economic and environmental impacts of traffic 

20 congestion; 

21 ‘‘(C) to minimize fatalities and injuries; 

22 ‘‘(D) to enhance mobility of people and 

23 goods; 

24 ‘‘(E) to improve traveler information and 

25 services; and 


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1 ‘‘(F) to optimize existing roadway capacity. 

2 ‘‘(2) APPLICATION.—To be considered for a 

3 grant under this subsection, an eligible entity shall 

4 submit an application to the Secretary that in5 cludes— 

6 ‘‘(A) a plan to deploy and provide for the 

7 long-term operation and maintenance of intel8 ligent transportation systems to improve safety, 

9 efficiency, system performance, and return on 

10 investment, such as— 

11 ‘‘(i) real-time integrated traffic, tran12 sit, and multimodal transportation infor13 mation; 

14 ‘‘(ii) advanced traffic, freight, park15 ing, and incident management systems; 

16 ‘‘(iii) advanced technologies to im17 prove transit and commercial vehicle oper18 ations; 

19 ‘‘(iv) synchronized, adaptive, and 

20 transit preferential traffic signals; 

21 ‘‘(v) advanced infrastructure condition 

22 assessment technologies; and 

23 ‘‘(vi) other technologies to improve 

24 system operations, including ITS applica25 tions necessary for multimodal systems inVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01584 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 tegration and for achieving performance 

2 goals; 

3 ‘‘(B) quantifiable system performance im4 provements, including— 

5 ‘‘(i) reductions in traffic-related 

6 crashes, congestion, and costs; 

7 ‘‘(ii) optimization of system efficiency; 

8 and 

9 ‘‘(iii) improvement of access to trans10 portation services; 

11 ‘‘(C) quantifiable safety, mobility, and en12 vironmental benefit projections, including data 

13 driven estimates of the manner in which the 

14 project will improve the transportation system 

15 efficiency and reduce traffic congestion in the 

16 region; 

17 ‘‘(D) a plan for partnering with the private 

18 sector, including telecommunications industries 

19 and public service utilities, public agencies (in20 cluding multimodal and multijurisdictional enti21 ties), research institutions, organizations rep22 resenting transportation and technology leaders, 

23 and other transportation stakeholders; 

24 ‘‘(E) a plan to leverage and optimize exist25 ing local and regional ITS investments; and 


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1 ‘‘(F) a plan to ensure interoperability of 

2 deployed technologies with other tolling, traffic 

3 management, and intelligent transportation sys4 tems. 

5 ‘‘(3) SELECTION.— 

6 ‘‘(A) IN GENERAL.—Not later than 1 year 

7 after the date of enactment of the Transpor8 tation Research and Innovative Technology Act 

9 of 2012, the Secretary may provide grants to 

10 eligible entities under this section. 

11 ‘‘(B) GEOGRAPHIC DIVERSITY.—In award12 ing a grant under this section, the Secretary 

13 shall ensure, to the maximum extent prac14 ticable, that grant recipients represent diverse 

15 geographical areas of the United States, includ16 ing urban, suburban, and rural areas. 

17 ‘‘(C) NON-FEDERAL SHARE.—In awarding 

18 a grant under the section, the Secretary shall 

19 give priority to grant recipients that dem20 onstrate an ability to contribute a significant 

21 non-Federal share to the cost of carrying out 

22 the project for which the grant is received. 

23 ‘‘(4) ELIGIBLE USES.—Projects for which 

24 grants awarded under this section may be used in25 clude— 


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1 ‘‘(A) the establishment and implementation 

2 of ITS and ITS-enabled operations strategies 

3 that improve performance in the areas of— 

4 ‘‘(i) traffic operations; 

5 ‘‘(ii) emergency response to surface 

6 transportation incidents; 

7 ‘‘(iii) incident management; 

8 ‘‘(iv) transit and commercial vehicle 

9 operations improvements; 

10 ‘‘(v) weather event response manage11 ment by State and local authorities; 

12 ‘‘(vi) surface transportation network 

13 and facility management; 

14 ‘‘(vii) construction and work zone 

15 management; 

16 ‘‘(viii) traffic flow information; 

17 ‘‘(ix) freight management; and 

18 ‘‘(x) congestion management; 

19 ‘‘(B) carrying out activities that support 

20 the creation of networks that link metropolitan 

21 and rural surface transportation systems into 

22 an integrated data network, capable of col23 lecting, sharing, and archiving transportation 

24 system traffic condition and performance infor25 mation; 


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1 ‘‘(C) the implementation of intelligent 

2 transportation systems and technologies that 

3 improve highway safety through information 

4 and communications systems linking vehicles, 

5 infrastructure, mobile devices, transportation 

6 users, and emergency responders; 

7 ‘‘(D) the provision of services necessary to 

8 ensure the efficient operation and management 

9 of ITS infrastructure, including costs associated 

10 with communications, utilities, rent, hardware, 

11 software, labor, administrative costs, training, 

12 and technical services; 

13 ‘‘(E) the provision of support for the es14 tablishment and maintenance of institutional 

15 relationships between transportation agencies, 

16 police, emergency medical services, private 

17 emergency operators, freight operators, ship18 pers, public service utilities, and telecommuni19 cations providers; 

20 ‘‘(F) carrying out multimodal and 

21 crossjurisdictional planning and deployment of 

22 regional transportation systems operations and 

23 management approaches; and 

24 ‘‘(G) performing project evaluations to de25 termine the costs, benefits, lessons learned, and 


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1 future deployment strategies associated with the 

2 deployment of intelligent transportation sys3 tems. 

4 ‘‘(5) REPORT TO SECRETARY.—For each fiscal 

5 year that an eligible entity receives a grant under 

6 this section, not later than 1 year after receiving 

7 that grant, each recipient shall submit a report to 

8 the Secretary that describes how the project has met 

9 the expectations projected in the deployment plan 

10 submitted with the application, including— 

11 ‘‘(A) data on how the program has helped 

12 reduce traffic crashes, congestion, costs, and 

13 other benefits of the deployed systems; 

14 ‘‘(B) data on the effect of measuring and 

15 improving transportation system performance 

16 through the deployment of advanced tech17 nologies; 

18 ‘‘(C) the effectiveness of providing real19 time integrated traffic, transit, and multimodal 

20 transportation information to the public that al21 lows the public to make informed travel deci22 sions; and 

23 ‘‘(D) lessons learned and recommendations 

24 for future deployment strategies to optimize 


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1 transportation efficiency and multimodal system 

2 performance. 

3 ‘‘(6) REPORT TO CONGRESS.—Not later than 2 

4 years after date on which the first grant is awarded 

5 under this section and annually thereafter for each 

6 fiscal year for which grants are awarded under this 

7 section, the Secretary shall submit to Congress a re8 port that describes the effectiveness of the grant re9 cipients in meeting the projected deployment plan 

10 goals, including data on how the grant program 

11 has— 

12 ‘‘(A) reduced traffic-related fatalities and 

13 injuries; 

14 ‘‘(B) reduced traffic congestion and im15 proved travel time reliability; 

16 ‘‘(C) reduced transportation-related emis17 sions; 

18 ‘‘(D) optimized multimodal system per19 formance; 

20 ‘‘(E) improved access to transportation al21 ternatives; 

22 ‘‘(F) provided the public with access to 

23 real-time integrated traffic, transit, and 

24 multimodal transportation information to make 

25 informed travel decisions; 


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1 ‘‘(G) provided cost savings to transpor2 tation agencies, businesses, and the traveling 

3 public; and 

4 ‘‘(H) provided other benefits to transpor5 tation users and the general public. 

6 ‘‘(7) ADDITIONAL GRANTS.—If the Secretary 

7 determines, based on a report submitted under para8 graph (5), that a grant recipient is not complying 

9 with the established grant criteria, the Secretary 

10 may— 

11 ‘‘(A) cease payment to the recipient of any 

12 remaining grant amounts; and 

13 ‘‘(B) redistribute any remaining amounts 

14 to other eligible entities under this section. 

15 ‘‘(8) NON-FEDERAL SHARE.—The Federal 

16 share of a grant under this section shall not exceed 

17 50 percent of the cost of the project. 

18 ‘‘(9) GRANT LIMITATION.—The Secretary may 

19 not award more than 10 percent of the amounts pro20 vided under this section to a single grant recipient 

21 in any fiscal year. 

22 ‘‘(10) MULTIYEAR GRANTS.—Subject to avail23 ability of amounts, the Secretary may provide an eli24 gible entity with grant amounts for a period of mul25 tiple fiscal years. 


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1 ‘‘(11) FUNDING.—Of the funds authorized to 

2 be appropriated to carry out the intelligent transpor3 tation system program under sections 512 through 

4 518, not less than 50 percent of such funds shall be 

5 used to carry out this subsection.’’. 

6 SEC. 53002. GOALS AND PURPOSES. 

7 (a) IN GENERAL.—Chapter 5 of title 23, United 

8 States Code, is amended by adding after section 513 the 

9 following: 

10 ‘‘§ 514. Goals and purposes 

11 ‘‘(a) GOALS.—The goals of the intelligent transpor12 tation system program include— 

13 ‘‘(1) enhancement of surface transportation ef14 ficiency and facilitation of intermodalism and inter15 national trade to enable existing facilities to meet a 

16 significant portion of future transportation needs, 

17 including public access to employment, goods, and 

18 services and to reduce regulatory, financial, and 

19 other transaction costs to public agencies and sys20 tem users; 

21 ‘‘(2) achievement of national transportation 

22 safety goals, including enhancement of safe oper23 ation of motor vehicles and nonmotorized vehicles 

24 and improved emergency response to collisions, with 


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1 particular emphasis on decreasing the number and 

2 severity of collisions; 

3 ‘‘(3) protection and enhancement of the natural 

4 environment and communities affected by surface 

5 transportation, with particular emphasis on assisting 

6 State and local governments to achieve national en7 vironmental goals; 

8 ‘‘(4) accommodation of the needs of all users of 

9 surface transportation systems, including operators 

10 of commercial motor vehicles, passenger motor vehi11 cles, motorcycles, bicycles, and pedestrians (includ12 ing individuals with disabilities); and 

13 ‘‘(5) enhancement of national defense mobility 

14 and improvement of the ability of the United States 

15 to respond to security-related or other manmade 

16 emergencies and natural disasters. 

17 ‘‘(b) PURPOSES.—The Secretary shall implement ac18 tivities under the intelligent transportation system pro19 gram, at a minimum— 

20 ‘‘(1) to expedite, in both metropolitan and rural 

21 areas, deployment and integration of intelligent 

22 transportation systems for consumers of passenger 

23 and freight transportation; 

24 ‘‘(2) to ensure that Federal, State, and local 

25 transportation officials have adequate knowledge of 


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1 intelligent transportation systems for consideration 

2 in the transportation planning process; 

3 ‘‘(3) to improve regional cooperation and oper4 ations planning for effective intelligent transpor5 tation system deployment; 

6 ‘‘(4) to promote the innovative use of private 

7 resources in support of intelligent transportation 

8 system development; 

9 ‘‘(5) to facilitate, in cooperation with the motor 

10 vehicle industry, the introduction of vehicle-based 

11 safety enhancing systems; 

12 ‘‘(6) to support the application of intelligent 

13 transportation systems that increase the safety and 

14 efficiency of commercial motor vehicle operations; 

15 ‘‘(7) to develop a workforce capable of devel16 oping, operating, and maintaining intelligent trans17 portation systems; 

18 ‘‘(8) to provide continuing support for oper19 ations and maintenance of intelligent transportation 

20 systems; and 

21 ‘‘(9) to ensure a systems approach that includes 

22 cooperation among vehicles, infrastructure, and 

23 users.’’. 


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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 5 of title 23, United States Code, is amended by 

3 adding after the item relating to section 513 the following: 

‘‘514. Goals and purposes.’’. 

4 SEC. 53003. GENERAL AUTHORITIES AND REQUIREMENTS. 

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

6 States Code, is amended by adding after section 514 (as 

7 added by section 53002) the following: 

8 ‘‘§ 515. General authorities and requirements 

9 ‘‘(a) SCOPE.—Subject to the provisions of this chap10 ter, the Secretary shall conduct an ongoing intelligent 

11 transportation system program— 

12 ‘‘(1) to research, develop, and operationally test 

13 intelligent transportation systems; and 

14 ‘‘(2) to provide technical assistance in the na15 tionwide application of those systems as a compo16 nent of the surface transportation systems of the 

17 United States. 

18 ‘‘(b) POLICY.—Intelligent transportation system re19 search projects and operational tests funded pursuant to 

20 this chapter shall encourage and not displace public-pri21 vate partnerships or private sector investment in those 

22 tests and projects. 

23 ‘‘(c) COOPERATION WITH GOVERNMENTAL, PRI24 VATE, AND EDUCATIONAL ENTITIES.—The Secretary 

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1 gram in cooperation with State and local governments and 

2 other public entities, the private sector firms of the United 

3 States, the Federal laboratories, and institutions of higher 

4 education, including historically Black colleges and univer5 sities and other minority institutions of higher education. 

6 ‘‘(d) CONSULTATION WITH FEDERAL OFFICIALS.— 

7 In carrying out the intelligent transportation system pro8 gram, the Secretary shall consult with the heads of other 

9 Federal agencies, as appropriate. 

10 ‘‘(e) TECHNICAL ASSISTANCE, TRAINING, AND IN11 FORMATION.—The Secretary may provide technical assist12 ance, training, and information to State and local govern13 ments seeking to implement, operate, maintain, or evalu14 ate intelligent transportation system technologies and 

15 services. 

16 ‘‘(f) TRANSPORTATION PLANNING.—The Secretary 

17 may provide funding to support adequate consideration of 

18 transportation systems management and operations, in19 cluding intelligent transportation systems, within metro20 politan and statewide transportation planning processes. 

21 ‘‘(g) INFORMATION CLEARINGHOUSE.— 

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

23 ‘‘(A) maintain a repository for technical 

24 and safety data collected as a result of federally 


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1 sponsored projects carried out under this chap2 ter; and 

3 ‘‘(B) make, on request, that information 

4 (except for proprietary information and data) 

5 readily available to all users of the repository at 

6 an appropriate cost. 

7 ‘‘(2) AGREEMENT.— 

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

9 enter into an agreement with a third party for 

10 the maintenance of the repository for technical 

11 and safety data under paragraph (1)(A). 

12 ‘‘(B) FEDERAL FINANCIAL ASSISTANCE.— 

13 If the Secretary enters into an agreement with 

14 an entity for the maintenance of the repository, 

15 the entity shall be eligible for Federal financial 

16 assistance under this section. 

17 ‘‘(3) AVAILABILITY OF INFORMATION.—Infor18 mation in the repository shall not be subject to sec19 tions 552 and 555 of title 5, United States Code. 

20 ‘‘(h) ADVISORY COMMITTEE.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish an Advisory Committee to advise the Secretary 

23 on carrying out this chapter. 

24 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

25 shall have no more than 20 members, be balanced 


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1 between metropolitan and rural interests, and in2 clude, at a minimum— 

3 ‘‘(A) a representative from a State high4 way department; 

5 ‘‘(B) a representative from a local highway 

6 department who is not from a metropolitan 

7 planning organization; 

8 ‘‘(C) a representative from a State, local, 

9 or regional transit agency; 

10 ‘‘(D) a representative from a metropolitan 

11 planning organization; 

12 ‘‘(E) a private sector user of intelligent 

13 transportation system technologies; 

14 ‘‘(F) an academic researcher with expertise 

15 in computer science or another information 

16 science field related to intelligent transportation 

17 systems, and who is not an expert on transpor18 tation issues; 

19 ‘‘(G) an academic researcher who is a civil 

20 engineer; 

21 ‘‘(H) an academic researcher who is a so22 cial scientist with expertise in transportation 

23 issues; 


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1 ‘‘(I) a representative from a nonprofit 

2 group representing the intelligent transpor3 tation system industry; 

4 ‘‘(J) a representative from a public interest 

5 group concerned with safety; 

6 ‘‘(K) a representative from a public inter7 est group concerned with the impact of the 

8 transportation system on land use and residen9 tial patterns; and 

10 ‘‘(L) members with expertise in planning, 

11 safety, telecommunications, utilities, and oper12 ations. 

13 ‘‘(3) DUTIES.—The Advisory Committee shall, 

14 at a minimum, perform the following duties: 

15 ‘‘(A) Provide input into the development of 

16 the intelligent transportation system aspects of 

17 the strategic plan under section 508. 

18 ‘‘(B) Review, at least annually, areas of in19 telligent transportation systems research being 

20 considered for funding by the Department, to 

21 determine— 

22 ‘‘(i) whether these activities are likely 

23 to advance either the state-of-the-practice 

24 or state-of-the-art in intelligent transpor25 tation systems; 


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1 ‘‘(ii) whether the intelligent transpor2 tation system technologies are likely to be 

3 deployed by users, and if not, to determine 

4 the barriers to deployment; and 

5 ‘‘(iii) the appropriate roles for govern6 ment and the private sector in investing in 

7 the research and technologies being consid8 ered. 

9 ‘‘(4) REPORT.—Not later than February 1 of 

10 each year after the date of enactment of the Trans11 portation Research and Innovative Technology Act 

12 of 2012, the Secretary shall submit to Congress a 

13 report that includes— 

14 ‘‘(A) all recommendations made by the Ad15 visory Committee during the preceding calendar 

16 year; 

17 ‘‘(B) an explanation of the manner in 

18 which the Secretary has implemented those rec19 ommendations; and 

20 ‘‘(C) for recommendations not imple21 mented, the reasons for rejecting the rec22 ommendations. 

23 ‘‘(5) APPLICABILITY OF FEDERAL ADVISORY

24 COMMITTEE ACT.—The Advisory Committee shall be 


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1 subject to the Federal Advisory Committee Act (5 

2 U.S.C. App.). 

3 ‘‘(i) REPORTING.— 

4 ‘‘(1) GUIDELINES AND REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 issue guidelines and requirements for the re7 porting and evaluation of operational tests and 

8 deployment projects carried out under this 

9 chapter. 

10 ‘‘(B) OBJECTIVITY AND INDEPENDENCE.— 

11 The guidelines and requirements issued under 

12 subparagraph (A) shall include provisions to en13 sure the objectivity and independence of the re14 porting entity so as to avoid any real or appar15 ent conflict of interest or potential influence on 

16 the outcome by parties to any such test or de17 ployment project or by any other formal evalua18 tion carried out under this chapter. 

19 ‘‘(C) FUNDING.—The guidelines and re20 quirements issued under subparagraph (A) shall 

21 establish reporting funding levels based on the 

22 size and scope of each test or project that en23 sure adequate reporting of the results of the 

24 test or project. 


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1 ‘‘(2) SPECIAL RULE.—Any survey, question2 naire, or interview that the Secretary considers nec3 essary to carry out the reporting of any test, deploy4 ment project, or program assessment activity under 

5 this chapter shall not be subject to chapter 35 of 

6 title 44, United States Code.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 chapter 5 of title 23, United States Code, is amended by 

9 adding after the item relating to section 514 (as added 

10 by section 53002) the following: 

‘‘515. General authorities and requirements.’’. 

11 SEC. 53004. RESEARCH AND DEVELOPMENT. 

12 (a) IN GENERAL.—Chapter 5 of title 23, United 

13 States Code, is amended by adding after section 515 (as 

14 added by section 53003) the following: 

15 ‘‘§ 516. Research and development 

16 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

17 comprehensive program of intelligent transportation sys18 tem research and development, and operational tests of 

19 intelligent vehicles, intelligent infrastructure systems, and 

20 other similar activities that are necessary to carry out this 

21 chapter. 

22 ‘‘(b) PRIORITY AREAS.—Under the program, the Sec23 retary shall give higher priority to funding projects that— 

24 ‘‘(1) enhance mobility and productivity through 

25 improved traffic management, incident management, 


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1 transit management, freight management, road 

2 weather management, toll collection, traveler infor3 mation, or highway operations systems and remote 

4 sensing products; 

5 ‘‘(2) use interdisciplinary approaches to develop 

6 traffic management strategies and tools to address 

7 multiple impacts of congestion concurrently; 

8 ‘‘(3) address traffic management, incident man9 agement, transit management, toll collection traveler 

10 information, or highway operations systems; 

11 ‘‘(4) incorporate research on the impact of envi12 ronmental, weather, and natural conditions on intel13 ligent transportation systems, including the effects 

14 of cold climates; 

15 ‘‘(5) enhance intermodal use of intelligent 

16 transportation systems for diverse groups, including 

17 for emergency and health-related services; 

18 ‘‘(6) enhance safety through improved crash 

19 avoidance and protection, crash and other notifica20 tion, commercial motor vehicle operations, and infra21 structure-based or cooperative safety systems; or 

22 ‘‘(7) facilitate the integration of intelligent in23 frastructure, vehicle, and control technologies. 


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1 ‘‘(c) FEDERAL SHARE.—The Federal share payable 

2 on account of any project or activity carried out under 

3 subsection (a) shall not exceed 80 percent.’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 5 of title 23, United States Code, is amended by 

6 adding after the item relating to section 515 (as added 

7 by section 53004) the following: 

‘‘516. Research and development.’’. 

8 SEC. 53005. NATIONAL ARCHITECTURE AND STANDARDS. 

9 (a) IN GENERAL.—Chapter 5 of title 23, United 

10 States Code, is amended by adding after section 516 (as 

11 added by section 53004) the following: 

12 ‘‘§ 517. National architecture and standards 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) DEVELOPMENT, IMPLEMENTATION, AND

15 MAINTENANCE.—In accordance with section 12(d) of 

16 the National Technology Transfer and Advancement 

17 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783; 

18 115 Stat. 1241), the Secretary shall develop and 

19 maintain a national ITS architecture and supporting 

20 ITS standards and protocols to promote the use of 

21 systems engineering methods in the widespread de22 ployment and evaluation of intelligent transportation 

23 systems as a component of the surface transpor24 tation systems of the United States. 


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1 ‘‘(2) INTEROPERABILITY AND EFFICIENCY.—To 

2 the maximum extent practicable, the national ITS 

3 architecture and supporting ITS standards and pro4 tocols shall promote interoperability among, and effi5 ciency of, intelligent transportation systems and 

6 technologies implemented throughout the United 

7 States. 

8 ‘‘(3) USE OF STANDARDS DEVELOPMENT ORGA9 NIZATIONS.—In carrying out this section, the Sec10 retary shall support the development and mainte11 nance of standards and protocols using the services 

12 of such standards development organizations as the 

13 Secretary determines to be necessary and whose 

14 memberships are comprised of, and represent, the 

15 surface transportation and intelligent transportation 

16 systems industries. 

17 ‘‘(b) STANDARDS FOR NATIONAL POLICY IMPLEMEN18 TATION.—If the Secretary finds that a standard is nec19 essary for implementation of a nationwide policy relating 

20 to user fee collection or other capability requiring nation21 wide uniformity, the Secretary, after consultation with 

22 stakeholders, may establish and require the use of that 

23 standard. 

24 ‘‘(c) PROVISIONAL STANDARDS.— 


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1 ‘‘(1) IN GENERAL.—If the Secretary finds that 

2 the development or balloting of an intelligent trans3 portation system standard jeopardizes the timely 

4 achievement of the objectives described in subsection 

5 (a), the Secretary may establish a provisional stand6 ard, after consultation with affected parties, using, 

7 to the maximum extent practicable, the work prod8 uct of appropriate standards development organiza9 tions. 

10 ‘‘(2) PERIOD OF EFFECTIVENESS.—A provi11 sional standard established under paragraph (1) 

12 shall be published in the Federal Register and re13 main in effect until the appropriate standards devel14 opment organization adopts and publishes a stand15 ard. 

16 ‘‘(d) CONFORMITY WITH NATIONAL ARCHITEC17 TURE.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), the Secretary shall ensure that intelligent 

20 transportation system projects carried out using 

21 amounts made available from the Highway Trust 

22 Fund, including amounts made available to deploy 

23 intelligent transportation systems, conform to the 

24 appropriate regional ITS architecture, applicable 


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1 standards, and protocols developed under subsection 

2 (a) or (c). 

3 ‘‘(2) DISCRETION OF THE SECRETARY.—The 

4 Secretary, at the discretion of the Secretary, may 

5 offer an exemption from paragraph (1) for projects 

6 designed to achieve specific research objectives out7 lined in the national intelligent transportation sys8 tem program plan or the surface transportation re9 search and development strategic plan developed 

10 under section 508.’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 5 of title 23, United States Code, is amended by 

13 adding after the item relating to section 516 (as added 

14 by section 53004) the following: 

‘‘517. National architecture and standards.’’. 

15 SEC. 53006. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRA16 STRUCTURE COMMUNICATIONS SYSTEMS DE17 PLOYMENT. 

18 (a) IN GENERAL.—Chapter 5 of title 23, United 

19 States Code, is amended by adding after section 517 (as 

20 added by section 53005) the following: 

21 ‘‘§ 518. Vehicle-to-vehicle and vehicle-to-infrastruc22 ture communications systems deployment 

23 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

24 date of enactment of this section, the Secretary shall sub25 mit a report to the Committee on Commerce, Science, and 


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1 Transportation of the Senate, the Committee on Environ2 ment and Public Works of the Senate, the Committee on 

3 Transportation and Infrastructure of the House of Rep4 resentatives, and the Committee on Energy and Commerce 

5 of the House of Representatives that— 

6 ‘‘(1) defines a recommended implementation 

7 path for dedicated short-range communications tech8 nology and applications; 

9 ‘‘(2) includes guidance on the relationship of 

10 the proposed deployment of dedicated short-range 

11 communications to the National ITS Architecture 

12 and ITS Standards; and 

13 ‘‘(3) ensures competition by not preferencing 

14 the use of any particular frequency for vehicle to in15 frastructure operations. 

16 ‘‘(b) REPORT REVIEW.—The Secretary shall enter 

17 into agreements with the National Research Council and 

18 an independent third party with subject matter expertise 

19 for the review of the report described in subsection (a).’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 5 of title 23, United States Code, is amended by 

22 adding after section 517 (as added by section 53005) the 

23 following: 

‘‘518. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems 

deployment.’’. 


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1 DIVISION F—MISCELLANEOUS 

2 TITLE I—REAUTHORIZATION OF 

3 CERTAIN PROGRAMS 

4 Subtitle A—Secure Rural Schools 

5 and Community Self-determina6 tion Program 

7 SEC. 100101. SECURE RURAL SCHOOLS AND COMMUNITY 

8 SELF-DETERMINATION PROGRAM. 

9 (a) AMENDMENTS.—The Secure Rural Schools and 

10 Community Self-Determination Act of 2000 (16 U.S.C. 

11 7101 et seq.) is amended— 

12 (1) in section 3(11)— 

13 (A) in subparagraph (A), by striking 

14 ‘‘and’’ after the semicolon at the end; 

15 (B) in subparagraph (B)— 

16 (i) by striking ‘‘fiscal year 2009 and 

17 each fiscal year thereafter’’ and inserting 

18 ‘‘each of fiscal years 2009 through 2011’’; 

19 and 

20 (ii) by striking the period at the end 

21 and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(C) for fiscal year 2012 and each fiscal 

24 year thereafter, the amount that is equal to 95 


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1 percent of the full funding amount for the pre2 ceding fiscal year.’’; 

3 (2) in sections 101, 102, 203, 207, 208, 304, 

4 and 402, by striking ‘‘2011’’ each place it appears 

5 and inserting ‘‘2012’’; 

6 (3) in section 102— 

7 (A) by striking ‘‘2008’’ each place it ap8 pears and inserting ‘‘2012’’; 

9 (B) in subsection (b)(2)(B), by inserting 

10 ‘‘in 2012’’ before ‘‘, the election’’; and 

11 (C) in subsection (d)— 

12 (i) in paragraph (1)(A), by striking 

13 ‘‘paragraph (3)(B)’’ and inserting ‘‘sub14 paragraph (D)’’; and 

15 (ii) in paragraph (3)— 

16 (I) by striking subparagraph (A) 

17 and inserting the following: 

18 ‘‘(A) NOTIFICATION.—The Governor of 

19 each eligible State shall notify the Secretary 

20 concerned of an election by an eligible county 

21 under this subsection not later than September 

22 30, 2012, and each September 30 thereafter for 

23 each succeeding fiscal year.’’; 

24 (II) by redesignating subpara25 graph (B) as subparagraph (D) and 


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1 moving the subparagraph so as to ap2 pear at the end of paragraph (1) of 

3 subsection (d); and 

4 (III) by inserting after subpara5 graph (A) the following: 

6 ‘‘(B) FAILURE TO ELECT.—If the Gov7 ernor of an eligible State fails to notify the Sec8 retary concerned of the election for an eligible 

9 county by the date specified in subparagraph 

10 (A)— 

11 ‘‘(i) the eligible county shall be consid12 ered to have elected to expend 80 percent 

13 of the funds in accordance with paragraph 

14 (1)(A); and 

15 ‘‘(ii) the remainder shall be available 

16 to the Secretary concerned to carry out 

17 projects in the eligible county to further 

18 the purpose described in section 202(b).’’; 

19 (4) in section 103(d)(2), by striking ‘‘fiscal year 

20 2011’’ and inserting ‘‘each of fiscal years 2011 and 

21 2012’’; 

22 (5) in section 202, by adding at the end the fol23 lowing: 

24 ‘‘(c) ADMINISTRATIVE EXPENSES.—A resource advi25 sory committee may, in accordance with section 203, proVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01611 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 pose to use not more than 10 percent of the project funds 

2 of an eligible county for any fiscal year for administrative 

3 expenses associated with operating the resource advisory 

4 committee under this title.’’; 

5 (6) in section 204(e)(3)(B)(iii), by striking 

6 ‘‘and 2011’’ and inserting ‘‘through 2012’’; 

7 (7) in section 205(a)(4), by striking ‘‘2006’’ 

8 each place it appears and inserting ‘‘2011’’; 

9 (8) in section 208(b), by striking ‘‘2012’’ and 

10 inserting ‘‘2013’’; 

11 (9) in section 302(a)(2)(A), by inserting ‘‘and’’ 

12 after the semicolon; and 

13 (10) in section 304(b), by striking ‘‘2012’’ and 

14 inserting ‘‘2013’’. 

15 (b) FAILURE TO MAKE ELECTION.—For each county 

16 that failed to make an election for fiscal year 2011 in ac17 cordance with section 102(d)(3)(A) of the Secure Rural 

18 Schools and Community Self-Determination Act of 2000 

19 (16 U.S.C. 7112(d)(3)(A)), there shall be available to the 

20 Secretary of Agriculture to carry out projects to further 

21 the purpose described in section 202(b) of that Act (16 

22 U.S.C. 7122(b)), from amounts in the Treasury not other23 wise appropriated, the amount that is equal to 15 percent 

24 of the total share of the State payment that otherwise 


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1 would have been made to the county under that Act for 

2 fiscal year 2011. 

3 Subtitle B—Payment in Lieu of 

4 Taxes Program 

5 SEC. 100111. PAYMENTS IN LIEU OF TAXES. 

6 Section 6906 of title 31, United States Code, is 

7 amended by striking ‘‘2012’’ and inserting ‘‘2013’’. 

8 Subtitle C—Offsets 

9 SEC. 100112. TAX REPORTING FOR LIFE SETTLEMENT 

10 TRANSACTIONS. 

11 (a) IN GENERAL.—Subpart B of part III of sub12 chapter A of chapter 61 of the Internal Revenue Code of 

13 1986 is amended by adding at the end the following new 

14 section: 

15 ‘‘SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSUR16 ANCE CONTRACT TRANSACTIONS. 

17 ‘‘(a) REQUIREMENT OF REPORTING OF CERTAIN

18 PAYMENTS.— 

19 ‘‘(1) IN GENERAL.—Every person who acquires 

20 a life insurance contract or any interest in a life in21 surance contract in a reportable policy sale during 

22 any taxable year shall make a return for such tax23 able year (at such time and in such manner as the 

24 Secretary shall prescribe) setting forth— 


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1 ‘‘(A) the name, address, and TIN of such 

2 person, 

3 ‘‘(B) the name, address, and TIN of each 

4 recipient of payment in the reportable policy 

5 sale, 

6 ‘‘(C) the date of such sale, 

7 ‘‘(D) the name of the issuer of the life in8 surance contract sold and the policy number of 

9 such contract, and 

10 ‘‘(E) the amount of each payment. 

11 ‘‘(2) STATEMENT TO BE FURNISHED TO PER12 SONS WITH RESPECT TO WHOM INFORMATION IS RE13 QUIRED.—Every person required to make a return 

14 under this subsection shall furnish to each person 

15 whose name is required to be set forth in such re16 turn a written statement showing— 

17 ‘‘(A) the name, address, and phone num18 ber of the information contact of the person re19 quired to make such return, and 

20 ‘‘(B) the information required to be shown 

21 on such return with respect to such person, ex22 cept that in the case of an issuer of a life insur23 ance contract, such statement is not required to 

24 include the information specified in paragraph 

25 (1)(E). 


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1 ‘‘(b) REQUIREMENT OF REPORTING OF SELLER’S

2 BASIS IN LIFE INSURANCE CONTRACTS.— 

3 ‘‘(1) IN GENERAL.—Upon receipt of the state4 ment required under subsection (a)(2) or upon no5 tice of a transfer of a life insurance contract to a 

6 foreign person, each issuer of a life insurance con7 tract shall make a return (at such time and in such 

8 manner as the Secretary shall prescribe) setting 

9 forth— 

10 ‘‘(A) the name, address, and TIN of the 

11 seller who transfers any interest in such con12 tract in such sale, 

13 ‘‘(B) the investment in the contract (as de14 fined in section 72(e)(6)) with respect to such 

15 seller, and 

16 ‘‘(C) the policy number of such contract. 

17 ‘‘(2) STATEMENT TO BE FURNISHED TO PER18 SONS WITH RESPECT TO WHOM INFORMATION IS RE19 QUIRED.—Every person required to make a return 

20 under this subsection shall furnish to each person 

21 whose name is required to be set forth in such re22 turn a written statement showing— 

23 ‘‘(A) the name, address, and phone num24 ber of the information contact of the person re25 quired to make such return, and 


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1 ‘‘(B) the information required to be shown 

2 on such return with respect to each seller whose 

3 name is required to be set forth in such return. 

4 ‘‘(c) REQUIREMENT OF REPORTING WITH RESPECT

5 TO REPORTABLE DEATH BENEFITS.— 

6 ‘‘(1) IN GENERAL.—Every person who makes a 

7 payment of reportable death benefits during any tax8 able year shall make a return for such taxable year 

9 (at such time and in such manner as the Secretary 

10 shall prescribe) setting forth— 

11 ‘‘(A) the name, address, and TIN of the 

12 person making such payment, 

13 ‘‘(B) the name, address, and TIN of each 

14 recipient of such payment, 

15 ‘‘(C) the date of each such payment, and 

16 ‘‘(D) the amount of each such payment. 

17 ‘‘(2) STATEMENT TO BE FURNISHED TO PER18 SONS WITH RESPECT TO WHOM INFORMATION IS RE19 QUIRED.—Every person required to make a return 

20 under this subsection shall furnish to each person 

21 whose name is required to be set forth in such re22 turn a written statement showing— 

23 ‘‘(A) the name, address, and phone num24 ber of the information contact of the person re25 quired to make such return, and 


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1 ‘‘(B) the information required to be shown 

2 on such return with respect to each recipient of 

3 payment whose name is required to be set forth 

4 in such return. 

5 ‘‘(d) DEFINITIONS.—For purposes of this section: 

6 ‘‘(1) PAYMENT.—The term ‘payment’ means 

7 the amount of cash and the fair market value of any 

8 consideration transferred in a reportable policy sale. 

9 ‘‘(2) REPORTABLE POLICY SALE.—The term 

10 ‘reportable policy sale’ has the meaning given such 

11 term in section 101(a)(3)(B). 

12 ‘‘(3) ISSUER.—The term ‘issuer’ means any life 

13 insurance company that bears the risk with respect 

14 to a life insurance contract on the date any return 

15 or statement is required to be made under this sec16 tion. 

17 ‘‘(4) REPORTABLE DEATH BENEFITS.—The 

18 term ‘reportable death benefits’ means amounts paid 

19 by reason of the death of the insured under a life 

20 insurance contract that has been transferred in a re21 portable policy sale.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 for subpart B of part III of subchapter A of chapter 61 

24 of the Internal Revenue Code of 1986 is amended by inVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01617 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 serting after the item relating to section 6050W the fol2 lowing new item: 

‘‘Sec. 6050X. Returns relating to certain life insurance contract transactions.’’. 

3 (c) CONFORMING AMENDMENTS.— 

4 (1) Subsection (d) of section 6724 of the Inter5 nal Revenue Code of 1986 is amended— 

6 (A) by striking ‘‘or’’ at the end of clause 

7 (xxiv) of paragraph (1)(B), by striking ‘‘and’’ 

8 at the end of clause (xxv) of such paragraph 

9 and inserting ‘‘or’’, and by inserting after such 

10 clause (xxv) the following new clause: 

11 ‘‘(xxvi) section 6050X (relating to re12 turns relating to certain life insurance con13 tract transactions), and’’, and 

14 (B) by striking ‘‘or’’ at the end of subpara15 graph (GG) of paragraph (2), by striking the 

16 period at the end of subparagraph (HH) of 

17 such paragraph and inserting ‘‘, or’’, and by in18 serting after such subparagraph (HH) the fol19 lowing new subparagraph: 

20 ‘‘(II) subsection (a)(2), (b)(2), or (c)(2) of 

21 section 6050X (relating to returns relating to 

22 certain life insurance contract transactions).’’. 

23 (2) Section 6047 of such Code is amended— 

24 (A) by redesignating subsection (g) as sub25 section (h), 


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1 (B) by inserting after subsection (f) the 

2 following new subsection: 

3 ‘‘(g) INFORMATION RELATING TO LIFE INSURANCE

4 CONTRACT TRANSACTIONS.—This section shall not apply 

5 to any information which is required to be reported under 

6 section 6050X.’’, and 

7 (C) by adding at the end of subsection (h), 

8 as so redesignated, the following new para9 graph: 

10 ‘‘(4) For provisions requiring reporting of infor11 mation relating to certain life insurance contract 

12 transactions, see section 6050X.’’. 

13 (d) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to— 

15 (1) reportable policy sales after December 31, 

16 2012, and 

17 (2) reportable death benefits paid after Decem18 ber 31, 2012. 

19 SEC. 100113. CLARIFICATION OF TAX BASIS OF LIFE INSUR20 ANCE CONTRACTS. 

21 (a) CLARIFICATION WITH RESPECT TO ADJUST22 MENTS.—Paragraph (1) of section 1016(a) of the Internal 

23 Revenue Code of 1986 is amended by striking subpara24 graph (A) and all that follows and inserting the following: 

25 ‘‘(A) for— 


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1 ‘‘(i) taxes or other carrying charges 

2 described in section 266; or 

3 ‘‘(ii) expenditures described in section 

4 173 (relating to circulation expenditures), 

5 for which deductions have been taken by the 

6 taxpayer in determining taxable income for the 

7 taxable year or prior taxable years; or 

8 ‘‘(B) for mortality, expense, or other rea9 sonable charges incurred under an annuity or 

10 life insurance contract;’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall apply to transactions entered into after 

13 August 25, 2009. 

14 SEC. 100114. EXCEPTION TO TRANSFER FOR VALUABLE 

15 CONSIDERATION RULES. 

16 (a) IN GENERAL.—Subsection (a) of section 101 of 

17 the Internal Revenue Code of 1986 is amended by adding 

18 at the end the following new paragraph: 

19 ‘‘(3) EXCEPTION TO VALUABLE CONSIDERATION

20 RULES FOR COMMERCIAL TRANSFERS.— 

21 ‘‘(A) IN GENERAL.—The second sentence 

22 of paragraph (2) shall not apply in the case of 

23 a transfer of a life insurance contract, or any 

24 interest therein, which is a reportable policy 

25 sale. 


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1 ‘‘(B) REPORTABLE POLICY SALE.—For 

2 purposes of this paragraph, the term ‘reportable 

3 policy sale’ means the acquisition of an interest 

4 in a life insurance contract, directly or indi5 rectly, if the acquirer has no substantial family, 

6 business, or financial relationship with the in7 sured apart from the acquirer’s interest in such 

8 life insurance contract. For purposes of the pre9 ceding sentence, the term ‘indirectly’ applies to 

10 the acquisition of an interest in a partnership, 

11 trust, or other entity that holds an interest in 

12 the life insurance contract.’’. 

13 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

14 section 101(a) of the Internal Revenue Code of 1986 is 

15 amended by striking ‘‘paragraph (2)’’ and inserting ‘‘para16 graphs (2) and (3)’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to transfers after December 31, 

19 2012. 

20 SEC. 100115. PHASED RETIREMENT AUTHORITY. 

21 (a) CSRS.—Chapter 83 of title 5, United States 

22 Code, is amended— 

23 (1) in section 8331— 

24 (A) in paragraph (30) by striking ‘‘and’’ at 

25 the end; 


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1 (B) in paragraph (31) by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(32) ‘Director’ means the Director of the Of5 fice of Personnel Management.’’; 

6 (2) by inserting after section 8336 the fol7 lowing: 

8 ‘‘§ 8336a. Phased retirement 

9 ‘‘(a) For the purposes of this section— 

10 ‘‘(1) the term ‘composite retirement annuity’ 

11 means the annuity computed when a phased retiree 

12 attains full retirement status; 

13 ‘‘(2) the term ‘full retirement status’ means 

14 that a phased retiree has ceased employment and is 

15 entitled, upon application, to a composite retirement 

16 annuity; 

17 ‘‘(3) the term ‘phased employment’ means the 

18 less-than-full-time employment of a phased retiree; 

19 ‘‘(4) the term ‘phased retiree’ means a retire20 ment-eligible employee who— 

21 ‘‘(A) makes an election under subsection 

22 (b); and 

23 ‘‘(B) has not entered full retirement sta24 tus; 


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1 ‘‘(5) the term ‘phased retirement annuity’ 

2 means the annuity payable under this section before 

3 full retirement; 

4 ‘‘(6) the term ‘phased retirement percentage’ 

5 means the percentage which, when added to the 

6 working percentage for a phased retiree, produces a 

7 sum of 100 percent; 

8 ‘‘(7) the term ‘phased retirement period’ means 

9 the period beginning on the date on which an indi10 vidual becomes entitled to receive a phased retire11 ment annuity and ending on the date on which the 

12 individual dies or separates from phased employ13 ment; 

14 ‘‘(8) the term ‘phased retirement status’ means 

15 that a phased retiree is concurrently employed in 

16 phased employment and eligible to receive a phased 

17 retirement annuity; 

18 ‘‘(9) the term ‘retirement-eligible employee’— 

19 ‘‘(A) means an individual who, if the indi20 vidual separated from the service, would meet 

21 the requirements for retirement under sub22 section (a) or (b) of section 8336; and 

23 ‘‘(B) does not include— 

24 ‘‘(i) an individual who, if the indi25 vidual separated from the service, would 


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1 meet the requirements for retirement 

2 under subsection (c), (e), (m), or (n) of 

3 section 8336; or 

4 ‘‘(ii) a law enforcement officer, fire5 fighter, nuclear materials courier, air traf6 fic controller, customs and border protec7 tion officer, or member of the Capitol Po8 lice or Supreme Court Police; and 

9 ‘‘(10) the term ‘working percentage’ means the 

10 percentage of full-time employment equal the 

11 quotient obtained by dividing— 

12 ‘‘(A) the number of hours per pay period 

13 to be worked by a phased retiree as scheduled 

14 in accordance with subsection (b)(2); by 

15 ‘‘(B) the number of hours per pay period 

16 to be worked by an employee serving in a com17 parable position on a full-time basis. 

18 ‘‘(b)(1) With the concurrence of the head of the em19 ploying agency, and under regulations promulgated by the 

20 Director, a retirement-eligible employee who has been em21 ployed on a full time basis for not less than the 3-year 

22 period ending on the date on which the retirement-eligible 

23 employee makes an election under this subsection may 

24 elect to enter phased retirement status. 


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1 ‘‘(2)(A) Subject to subparagraph (B), at the time of 

2 entering phased retirement status, a phased retiree shall 

3 be appointed to a position for which the working percent4 age is 50 percent. 

5 ‘‘(B) The Director may, by regulation, provide for 

6 working percentages different from the percentage speci7 fied under subparagraph (A), which shall be not less than 

8 20 percent and not more than 80 percent. 

9 ‘‘(C) The working percentage for a phased retiree 

10 may not be changed during the phased retiree’s phased 

11 retirement period. 

12 ‘‘(D)(i) Not less than 20 percent of the hours to be 

13 worked by a phased retiree shall consist of mentoring. 

14 ‘‘(ii) The Director may, by regulation, provide for ex15 ceptions to the requirement under clause (i). 

16 ‘‘(3) A phased retiree— 

17 ‘‘(A) may not be employed in more than one po18 sition at any time; and 

19 ‘‘(B) may transfer to another position in the 

20 same or a different agency, if the transfer does not 

21 result in a change in the working percentage. 

22 ‘‘(4) A retirement-eligible employee may make only 

23 one election under this subsection during the retirement24 eligible employee’s lifetime. 


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1 ‘‘(5) A retirement-eligible employee who makes an 

2 election under this subsection may not make an election 

3 under section 8343a. 

4 ‘‘(c)(1) Except as otherwise provided under this sub5 section, the phased retirement annuity for a phased retiree 

6 is the product obtained by multiplying— 

7 ‘‘(A) the amount of an annuity computed under 

8 section 8339 that would have been payable to the 

9 phased retiree if, on the date on which the phased 

10 retiree enters phased retirement status, the phased 

11 retiree had separated from service and retired under 

12 section 8336(a) or (b); by 

13 ‘‘(B) the phased retirement percentage for the 

14 phased retiree. 

15 ‘‘(2) A phased retirement annuity shall be paid in ad16 dition to the basic pay for the position to which a phased 

17 retiree is appointed during phased employment. 

18 ‘‘(3) A phased retirement annuity shall be adjusted 

19 in accordance with section 8340. 

20 ‘‘(4)(A) A phased retirement annuity shall not be 

21 subject to reduction for any form of survivor annuity, shall 

22 not serve as the basis of the computation of any survivor 

23 annuity, and shall not be subject to any court order requir24 ing a survivor annuity to be provided to any individual. 


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1 ‘‘(B) A phased retirement annuity shall be subject to 

2 a court order providing for division, allotment, assign3 ment, execution, levy, attachment, garnishment, or other 

4 legal process on the same basis as other annuities. 

5 ‘‘(5) Any reduction of a phased retirement annuity 

6 based on an election under section 8334(d)(2) shall be ap7 plied to the phased retirement annuity after computation 

8 under paragraph (1). 

9 ‘‘(6)(A) Any deposit, or election of an actuarial annu10 ity reduction in lieu of a deposit, for military service or 

11 for creditable civilian service for which retirement deduc12 tions were not made or refunded shall be made by a retire13 ment-eligible employee at or before the time the retire14 ment-eligible employee enters phased retirement status. 

15 No such deposit may be made, or actuarial adjustment 

16 in lieu thereof elected, at the time a phased retiree enters 

17 full retirement status. 

18 ‘‘(B) Notwithstanding subparagraph (A), if a phased 

19 retiree does not make such a deposit and dies in service 

20 as a phased retiree, a survivor of the phased retiree shall 

21 have the same right to make such deposit as would have 

22 been available had the employee not entered phased retire23 ment status and died in service. 

24 ‘‘(C) If a phased retiree makes an election for an ac25 tuarial annuity reduction under section 8334(d)(2) and 


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1 dies in service as a phased retiree, the amount of any de2 posit upon which such actuarial reduction shall have been 

3 based shall be deemed to have been fully paid. 

4 ‘‘(7) A phased retirement annuity shall commence on 

5 the date on which a phased retiree enters phased employ6 ment. 

7 ‘‘(8) No unused sick leave credit may be used in the 

8 computation of the phased retirement annuity. 

9 ‘‘(d) All basic pay not in excess of the full-time rate 

10 of pay for the position to which a phased retiree is ap11 pointed shall be deemed to be basic pay for purposes of 

12 section 8334. 

13 ‘‘(e) Under such procedures as the Director may pre14 scribe, a phased retiree may elect to enter full retirement 

15 status at any time. Upon making such an election, a 

16 phased retiree shall be entitled to a composite retirement 

17 annuity. 

18 ‘‘(f)(1) Except as provided otherwise under this sub19 section, a composite retirement annuity is a single annuity 

20 computed under regulations prescribed by the Director, 

21 equal to the sum of— 

22 ‘‘(A) the amount of the phased retirement an23 nuity as of the date of full retirement, before any re24 duction based on an election under section 


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1 8334(d)(2), and including any adjustments made 

2 under section 8340; and 

3 ‘‘(B) the product obtained by multiplying— 

4 ‘‘(i) the amount of an annuity computed 

5 under section 8339 that would have been pay6 able at the time of full retirement if the indi7 vidual had not elected a phased retirement and 

8 as if the individual was employed on a full-time 

9 basis in the position occupied during the phased 

10 retirement period and before any reduction for 

11 survivor annuity or reduction based on an elec12 tion under section 8334(d)(2); by 

13 ‘‘(ii) the working percentage. 

14 ‘‘(2) After computing a composite retirement annuity 

15 under paragraph (1), the Director shall adjust the amount 

16 of the annuity for any applicable reductions for a survivor 

17 annuity and any previously elected actuarial reduction 

18 under section 8334(d)(2). 

19 ‘‘(3) A composite retirement annuity shall be ad20 justed in accordance with section 8340, except that sub21 section (c)(1) of that section shall not apply. 

22 ‘‘(4) In computing a composite retirement annuity 

23 under paragraph (1)(B)(i), the unused sick leave to the 

24 credit of a phased retiree at the time of entry into full 


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1 retirement status shall be adjusted by dividing the number 

2 of hours of unused sick leave by the working percentage. 

3 ‘‘(g)(1) Under such procedures and conditions as the 

4 Director may provide, and with the concurrence of the 

5 head of the employing agency, a phased retiree may elect 

6 to terminate phased retirement status and return to a full7 time work schedule. 

8 ‘‘(2) Upon entering a full-time work schedule based 

9 upon an election under paragraph (1), the phased retire10 ment annuity of a phased retiree shall terminate. 

11 ‘‘(3) After the termination of a phased retirement an12 nuity under this subsection, the individual’s rights under 

13 this subchapter shall be determined based on the law in 

14 effect at the time of any subsequent separation from serv15 ice. For purposes of this subchapter or chapter 84, at time 

16 of the subsequent separation from service, the phased re17 tirement period shall be treated as if it had been a period 

18 of part-time employment with the work schedule described 

19 in subsection (b)(2). 

20 ‘‘(h) For purposes of section 8341— 

21 ‘‘(1) the death of a phased retiree shall be 

22 deemed to be the death in service of an employee; 

23 and 

24 ‘‘(2) the phased retirement period shall be 

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1 ment with the work schedule described in subsection 

2 (b)(2). 

3 ‘‘(i) Employment of a phased retiree shall not be 

4 deemed to be part-time career employment, as defined in 

5 section 3401(2). 

6 ‘‘(j) A phased retiree is not eligible to apply for an 

7 annuity under section 8337. 

8 ‘‘(k) For purposes of section 8341(h)(4), retirement 

9 shall be deemed to occur on the date on which a phased 

10 retiree enters into full retirement status. 

11 ‘‘(l) For purposes of sections 8343 and 8351, and 

12 subchapter III of chapter 84, a phased retiree shall be 

13 deemed to be an employee. 

14 ‘‘(m) A phased retiree is not subject to section 8344. 

15 ‘‘(n) For purposes of chapter 87, a phased retiree 

16 shall be deemed to be receiving basic pay at the rate of 

17 a full-time employee in the position to which the phased 

18 retiree is appointed.’’; and 

19 (3) in the table of sections by inserting after 

20 the item relating to section 8336 the following: 

‘‘8336a. Phased retirement.’’. 

21 (b) FERS.—Chapter 84 of title 5, United States 

22 Code, is amended— 

23 (1) by inserting after section 8412 the following 

24 new section: 


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1 ‘‘§ 8412a. Phased retirement 

2 ‘‘(a) For the purposes of this section— 

3 ‘‘(1) the term ‘composite retirement annuity’ 

4 means the annuity computed when a phased retiree 

5 attains full retirement status; 

6 ‘‘(2) the term ‘full retirement status’ means 

7 that a phased retiree has ceased employment and is 

8 entitled, upon application, to a composite retirement 

9 annuity; 

10 ‘‘(3) the term ‘phased employment’ means the 

11 less-than-full-time employment of a phased retiree; 

12 ‘‘(4) the term ‘phased retiree’ means a retire13 ment-eligible employee who— 

14 ‘‘(A) makes an election under subsection 

15 (b); and 

16 ‘‘(B) has not entered full retirement sta17 tus; 

18 ‘‘(5) the term ‘phased retirement annuity’ 

19 means the annuity payable under this section before 

20 full retirement; 

21 ‘‘(6) the term ‘phased retirement percentage’ 

22 means the percentage which, when added to the 

23 working percentage for a phased retiree, produces a 

24 sum of 100 percent; 

25 ‘‘(7) the term ‘phased retirement period’ means 

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1 vidual becomes entitled to receive a phased retire2 ment annuity and ending on the date on which the 

3 individual dies or separates from phased employ4 ment; 

5 ‘‘(8) the term ‘phased retirement status’ means 

6 that a phased retiree is concurrently employed in 

7 phased employment and eligible to receive a phased 

8 retirement annuity; 

9 ‘‘(9) the term ‘retirement-eligible employee’— 

10 ‘‘(A) means an individual who, if the indi11 vidual separated from the service, would meet 

12 the requirements for retirement under sub13 section (a) or (b) of section 8412; and 

14 ‘‘(B) does not include— 

15 ‘‘(i) an individual who, if the indi16 vidual separated from the service, would 

17 meet the requirements for retirement 

18 under subsection (d) or (e) of section 

19 8412; or 

20 ‘‘(ii) a law enforcement officer, fire21 fighter, nuclear materials courier, air traf22 fic controller, customs and border protec23 tion officer, or member of the Capitol Po24 lice or Supreme Court Police; and 


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1 ‘‘(10) the term ‘working percentage’ means the 

2 percentage of full-time employment equal to the 

3 quotient obtained by dividing— 

4 ‘‘(A) the number of hours per pay period 

5 to be worked by a phased retiree as scheduled 

6 in accordance with subsection (b)(2); by 

7 ‘‘(B) the number of hours per pay period 

8 to be worked by an employee serving in a com9 parable position on a full-time basis. 

10 ‘‘(b)(1) With the concurrence of the head of the em11 ploying agency, and under regulations promulgated by the 

12 Director, a retirement-eligible employee who has been em13 ployed on a full time basis for not less than the 3-year 

14 period ending on the date on which the retirement-eligible 

15 employee makes an election under this subsection may 

16 elect to enter phased retirement status. 

17 ‘‘(2)(A) Subject to subparagraph (B), at the time of 

18 entering phased retirement status, a phased retiree shall 

19 be appointed to a position for which the working percent20 age is 50 percent. 

21 ‘‘(B) The Director may, by regulation, provide for 

22 working percentages different from the percentage speci23 fied under subparagraph (A), which shall be not less than 

24 20 percent and not more than 80 percent. 


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1 ‘‘(C) The working percentage for a phased retiree 

2 may not be changed during the phased retiree’s phased 

3 retirement period. 

4 ‘‘(D)(i) Not less than 20 percent of the hours to be 

5 worked by a phased retiree shall consist of mentoring. 

6 ‘‘(ii) The Director may, by regulation, provide for ex7 ceptions to the requirement under clause (i). 

8 ‘‘(3) A phased retiree— 

9 ‘‘(A) may not be employed in more than one po10 sition at any time; and 

11 ‘‘(B) may transfer to another position in the 

12 same or a different agency, if the transfer does not 

13 result in a change in the working percentage. 

14 ‘‘(4) A retirement-eligible employee may make only 

15 one election under this subsection during the retirement16 eligible employee’s lifetime. 

17 ‘‘(5) A retirement-eligible employee who makes an 

18 election under this subsection may not make an election 

19 under section 8420a. 

20 ‘‘(c)(1) Except as otherwise provided under this sub21 section, the phased retirement annuity for a phased retiree 

22 is the product obtained by multiplying— 

23 ‘‘(A) the amount of an annuity computed under 

24 section 8415 that would have been payable to the 

25 phased retiree if, on the date on which the phased 


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1 retiree enters phased retirement status, the phased 

2 retiree had separated from service and retired under 

3 section 8412 (a) or (b); by 

4 ‘‘(B) the phased retirement percentage for the 

5 phased retiree. 

6 ‘‘(2) A phased retirement annuity shall be paid in ad7 dition to the basic pay for the position to which a phased 

8 retiree is appointed during the phased employment. 

9 ‘‘(3) A phased retirement annuity shall be adjusted 

10 in accordance with section 8462. 

11 ‘‘(4)(A) A phased retirement annuity shall not be 

12 subject to reduction for any form of survivor annuity, shall 

13 not serve as the basis of the computation of any survivor 

14 annuity, and shall not be subject to any court order requir15 ing a survivor annuity to be provided to any individual. 

16 ‘‘(B) A phased retirement annuity shall be subject to 

17 a court order providing for division, allotment, assign18 ment, execution, levy, attachment, garnishment, or other 

19 legal process on the same basis as other annuities. 

20 ‘‘(5)(A) Any deposit, or election of an actuarial annu21 ity reduction in lieu of a deposit, for military service or 

22 for creditable civilian service for which retirement deduc23 tions were not made or refunded, shall be made by a re24 tirement-eligible employee at or before the time the retire25 ment-eligible employee enters phased retirement status. 


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1 No such deposit may be made, or actuarial adjustment 

2 in lieu thereof elected, at the time a phased retiree enters 

3 full retirement status. 

4 ‘‘(B) Notwithstanding subparagraph (A), if a phased 

5 retiree does not make such a deposit and dies in service 

6 as a phased retiree, a survivor of the phased retiree shall 

7 have the same right to make such deposit as would have 

8 been available had the employee not entered phased retire9 ment status and died in service. 

10 ‘‘(6) A phased retirement annuity shall commence on 

11 the date on which a phased retiree enters phased employ12 ment. 

13 ‘‘(7) No unused sick leave credit may be used in the 

14 computation of the phased retirement annuity. 

15 ‘‘(d) All basic pay not in excess of the full-time rate 

16 of pay for the position to which a phased retiree is ap17 pointed shall be deemed to be basic pay for purposes of 

18 section 8422 and 8423. 

19 ‘‘(e) Under such procedures as the Director may pre20 scribe, a phased retiree may elect to enter full retirement 

21 status at any time. Upon making such an election, a 

22 phased retiree shall be entitled to a composite retirement 

23 annuity. 

24 ‘‘(f)(1) Except as provided otherwise under this sub25 section, a composite retirement annuity is a single annuity 


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1 computed under regulations prescribed by the Director, 

2 equal to the sum of— 

3 ‘‘(A) the amount of the phased retirement an4 nuity as of the date of full retirement, including any 

5 adjustments made under section 8462; and 

6 ‘‘(B) the product obtained by multiplying— 

7 ‘‘(i) the amount of an annuity computed 

8 under section 8412 that would have been pay9 able at the time of full retirement if the indi10 vidual had not elected a phased retirement and 

11 as if the individual was employed on a full-time 

12 basis in the position occupied during the phased 

13 retirement period and before any adjustment to 

14 provide for a survivor annuity; by 

15 ‘‘(ii) the working percentage; 

16 ‘‘(2) After computing a composite retirement annuity 

17 under paragraph (1), the Director shall adjust the amount 

18 of the annuity for any applicable reductions for a survivor 

19 annuity. 

20 ‘‘(3) A composite retirement annuity shall be ad21 justed in accordance with section 8462, except that sub22 section (c)(1) of that section shall not apply. 

23 ‘‘(4) In computing a composite retirement annuity 

24 under paragraph (1)(B)(i), the unused sick leave to the 

25 credit of a phased retiree at the time of entry into full 


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1 retirement status shall be adjusted by dividing the number 

2 of hours of unused sick leave by the working percentage. 

3 ‘‘(g)(1) Under such procedures and conditions as the 

4 Director may provide, and with the concurrence of the 

5 head of employing agency, a phased retiree may elect to 

6 terminate phased retirement status and return to a full7 time work schedule. 

8 ‘‘(2) Upon entering a full-time work schedule based 

9 on an election under paragraph (1), the phased retirement 

10 annuity of a phased retiree shall terminate. 

11 ‘‘(3) After termination of the phased retirement an12 nuity under this subsection, the individual’s rights under 

13 this chapter shall be determined based on the law in effect 

14 at the time of any subsequent separation from service. For 

15 purposes of this chapter, at the time of the subsequent 

16 separation from service, the phased retirement period shall 

17 be treated as if it had been a period of part-time employ18 ment with the work schedule described in subsection 

19 (b)(2). 

20 ‘‘(h) For purposes of subchapter IV— 

21 ‘‘(1) the death of a phased retiree shall be 

22 deemed to be the death in service of an employee; 

23 ‘‘(2) except for purposes of section 

24 8442(b)(1)(A)(i), the phased retirement period shall 

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1 ployment with the work schedule described in sub2 section (b)(2) of this section; and 

3 ‘‘(3) for purposes of section 8442(b)(1)(A)(i), 

4 the phased retiree shall be deemed to have been at 

5 the full-time rate of pay for the position occupied. 

6 ‘‘(i) Employment of a phased retiree shall not be 

7 deemed to be part-time career employment, as defined in 

8 section 3401(2). 

9 ‘‘(j) A phased retiree is not eligible to receive an an10 nuity supplement under section 8421. 

11 ‘‘(k) For purposes of subchapter III, a phased retiree 

12 shall be deemed to be an employee. 

13 ‘‘(l) For purposes of section 8445(d), retirement shall 

14 be deemed to occur on the date on which a phased retiree 

15 enters into full retirement status. 

16 ‘‘(m) A phased retiree is not eligible to apply for an 

17 annuity under subchapter V. 

18 ‘‘(n) A phased retiree is not subject to section 8468. 

19 ‘‘(o) For purposes of chapter 87, a phased retiree 

20 shall be deemed to be receiving basic pay at the rate of 

21 a full-time employee in the position to which the phased 

22 retiree is appointed.’’; and 

23 (2) in the table of sections by inserting after 

24 the item relating to section 8412 the following: 

‘‘8412a. Phased retirement.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the effective date of the 

3 implementing regulations issued by the Director of the Of4 fice of Personnel Management. 

5 SEC. 100116. ROLL-YOUR-OWN CIGARETTE MACHINES. 

6 (a) IN GENERAL.—Subsection (d) of section 5702 of 

7 the Internal Revenue Code of 1986 is amended by adding 

8 at the end the following new flush sentence: 

9 ‘‘Such term shall include any person who for commercial 

10 purposes makes available for consumer use (including 

11 such consumer’s personal consumption or use under para12 graph (1)) a machine capable of making cigarettes, cigars, 

13 or other tobacco products. A person making such a ma14 chine available for consumer use shall be deemed the per15 son making the removal as defined by subsection (j) with 

16 respect to any tobacco products manufactured by such ma17 chine.’’. 

18 (b) EFFECTIVE DATE.—The amendment made by 

19 this section shall apply to articles removed after the date 

20 of the enactment of this Act. 


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1 TITLE II—STOP TAX HAVEN 

2 ABUSE 

3 SEC. 100201. AUTHORIZING SPECIAL MEASURES AGAINST 

4 FOREIGN JURISDICTIONS, FINANCIAL INSTI5 TUTIONS, AND OTHERS THAT SIGNIFICANTLY 

6 IMPEDE UNITED STATES TAX ENFORCEMENT. 

7 Section 5318A of title 31, United States Code, is 

8 amended— 

9 (1) by striking the section heading and insert10 ing the following: 

11 ‘‘§ 5318A. Special measures for jurisdictions, financial 

12 institutions, or international transactions 

13 that are of primary money laundering 

14 concern or significantly impede United 

15 States tax enforcement’’; 

16 (2) in subsection (a), by striking the subsection 

17 heading and inserting the following: 

18 ‘‘(a) SPECIAL MEASURES TO COUNTER MONEY

19 LAUNDERING AND EFFORTS TO SIGNIFICANTLY IMPEDE

20 UNITED STATES TAX ENFORCEMENT.—’’; 

21 (3) in subsection (c)— 

22 (A) by striking the subsection heading and 

23 inserting the following: 

24 ‘‘(c) CONSULTATIONS AND INFORMATION TO BE

25 CONSIDERED IN FINDING JURISDICTIONS, INSTITUTIONS, 


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1 TYPES OF ACCOUNTS, OR TRANSACTIONS TO BE OF PRI2 MARY MONEY LAUNDERING CONCERN OR TO BE SIGNIFI3 CANTLY IMPEDING UNITED STATES TAX ENFORCE4 MENT.—’’; and 

5 (B) by inserting at the end of paragraph 

6 (2) thereof the following new subparagraph: 

7 ‘‘(C) OTHER CONSIDERATIONS.—The fact 

8 that a jurisdiction or financial institution is co9 operating with the United States on imple10 menting the requirements specified in chapter 4 

11 of the Internal Revenue Code of 1986 may be 

12 favorably considered in evaluating whether such 

13 jurisdiction or financial institution is signifi14 cantly impeding United States tax enforce15 ment.’’; 

16 (4) in subsection (a)(1), by inserting ‘‘or is sig17 nificantly impeding United States tax enforcement’’ 

18 after ‘‘primary money laundering concern’’; 

19 (5) in subsection (a)(4)— 

20 (A) in subparagraph (A)— 

21 (i) by inserting ‘‘in matters involving 

22 money laundering,’’ before ‘‘shall consult’’; 

23 and 

24 (ii) by striking ‘‘and’’ at the end; 


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1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C); and 

3 (C) by inserting after subparagraph (A) 

4 the following: 

5 ‘‘(B) in matters involving United States 

6 tax enforcement, shall consult with the Commis7 sioner of the Internal Revenue, the Secretary of 

8 State, the Attorney General of the United 

9 States, and in the sole discretion of the Sec10 retary, such other agencies and interested par11 ties as the Secretary may find to be appro12 priate; and’’; 

13 (6) in each of paragraphs (1)(A), (2), (3), and 

14 (4) of subsection (b), by inserting ‘‘or to be signifi15 cantly impeding United States tax enforcement’’ 

16 after ‘‘primary money laundering concern’’ each 

17 place that term appears; 

18 (7) in subsection (b), by striking paragraph (5) 

19 and inserting the following: 

20 ‘‘(5) PROHIBITIONS OR CONDITIONS ON OPEN21 ING OR MAINTAINING CERTAIN CORRESPONDENT OR

22 PAYABLE-THROUGH ACCOUNTS OR AUTHORIZING

23 CERTAIN PAYMENT CARDS.—If the Secretary finds a 

24 jurisdiction outside of the United States, 1 or more 

25 financial institutions operating outside of the United 


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1 States, or 1 or more classes of transactions within 

2 or involving a jurisdiction outside of the United 

3 States to be of primary money laundering concern or 

4 to be significantly impeding United States tax en5 forcement, the Secretary, in consultation with the 

6 Secretary of State, the Attorney General of the 

7 United States, and the Chairman of the Board of 

8 Governors of the Federal Reserve System, may pro9 hibit, or impose conditions upon— 

10 ‘‘(A) the opening or maintaining in the 

11 United States of a correspondent account or 

12 payable-through account; or 

13 ‘‘(B) the authorization, approval, or use in 

14 the United States of a credit card, charge card, 

15 debit card, or similar credit or debit financial 

16 instrument by any domestic financial institu17 tion, financial agency, or credit card company 

18 or association, for or on behalf of a foreign 

19 banking institution, if such correspondent ac20 count, payable-through account, credit card, 

21 charge card, debit card, or similar credit or 

22 debit financial instrument, involves any such ju23 risdiction or institution, or if any such trans24 action may be conducted through such cor25 respondent account, payable-through account, 


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1 credit card, charge card, debit card, or similar 

2 credit or debit financial instrument.’’; and 

3 (8) in subsection (c)(1), by inserting ‘‘or is sig4 nificantly impeding United States tax enforcement’’ 

5 after ‘‘primary money laundering concern’’; 

6 (9) in subsection (c)(2)(A)— 

7 (A) in clause (ii), by striking ‘‘bank secrecy 

8 or special regulatory advantages’’ and inserting 

9 ‘‘bank, tax, corporate, trust, or financial secrecy 

10 or regulatory advantages’’; 

11 (B) in clause (iii), by striking ‘‘supervisory 

12 and counter-money’’ and inserting ‘‘supervisory, 

13 international tax enforcement, and counter14 money’’; 

15 (C) in clause (v), by striking ‘‘banking or 

16 secrecy’’ and inserting ‘‘banking, tax, or se17 crecy’’; and 

18 (D) in clause (vi), by inserting ‘‘, tax trea19 ty, or tax information exchange agreement’’ 

20 after ‘‘treaty’’; 

21 (10) in subsection (c)(2)(B)— 

22 (A) in clause (i), by inserting ‘‘or tax eva23 sion’’ after ‘‘money laundering’’; and 

24 (B) in clause (iii), by inserting ‘‘, tax eva25 sion,’’ after ‘‘money laundering’’; and 


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1 (11) in subsection (d), by inserting ‘‘involving 

2 money laundering, and shall notify, in writing, the 

3 Committee on Finance of the Senate and the Com4 mittee on Ways and Means of the House of Rep5 resentatives of any such action involving United 

6 States tax enforcement’’ after ‘‘such action’’. 

7 DIVISION G—AIR 

8 TRANSPORTATION 

9 SEC. 100301. TECHNICAL CORRECTIONS RELATING TO 

10 OVERFLIGHTS OF NATIONAL PARKS. 

11 (a) IN GENERAL.—Section 40128 of title 49, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 40128. Overflights of national parks 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) GENERAL DELINEATION OF RESPONSIBIL16 ITIES.— 

17 ‘‘(A) AUTHORITY OF DIRECTOR.—The Di18 rector has the authority to establish air tour 

19 management plans, issue air tour permits for 

20 commercial air tour operations conducted in ac21 cordance with an air tour management plan, 

22 enter into a voluntary agreement with a com23 mercial air tour operator, and issue interim op24 erating permits under subsection (c). 


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1 ‘‘(B) AUTHORITY OF ADMINISTRATOR.— 

2 The Administrator has the authority to ensure 

3 that any action taken under this section does 

4 not adversely affect aviation safety or the man5 agement of the national airspace system. 

6 ‘‘(2) GENERAL REQUIREMENTS.—A commercial 

7 air tour operator may not conduct commercial air 

8 tour operations over a national park or tribal lands, 

9 as defined by this section, except— 

10 ‘‘(A) in accordance with this section; 

11 ‘‘(B) in accordance with conditions and 

12 limitations prescribed for that operator; and 

13 ‘‘(C) in accordance with any applicable air 

14 tour management plan or voluntary agreement 

15 developed under subsection (b) for the park or 

16 tribal lands. 

17 ‘‘(3) APPLICATION FOR OPERATING AUTHOR18 ITY.— 

19 ‘‘(A) APPLICATION REQUIRED.—Before 

20 commencing commercial air tour operations 

21 over a national park or tribal lands, a commer22 cial air tour operator shall apply to the Director 

23 for authority to conduct the operations over the 

24 park or tribal lands. 


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1 ‘‘(B) NUMBER OF OPERATIONS AUTHOR2 IZED.—In determining the number of author3 izations to issue to provide commercial air tour 

4 operations over a national park, the Director 

5 shall take into consideration the provisions of 

6 the air tour management plan, the number of 

7 existing commercial air tour operators and cur8 rent level of service and equipment provided by 

9 any such operators, and the financial viability 

10 of each commercial air tour operation. 

11 ‘‘(C) CONSULTATION WITH FAA.—Before 

12 granting an application under this paragraph, 

13 the Director, in consultation with the Adminis14 trator, shall develop an air tour management 

15 plan in accordance with subsection (b) and im16 plement such plan. 

17 ‘‘(D) TIME LIMIT ON RESPONSE TO ATMP

18 APPLICATIONS.—The Director shall make every 

19 effort to act on any application under this para20 graph and issue a decision on the application 

21 not later than 24 months after it is received or 

22 amended. 

23 ‘‘(E) PRIORITY.—In acting on applications 

24 under this paragraph to provide commercial air 

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1 tor shall give priority to an application under 

2 this paragraph in any case in which a new en3 trant commercial air tour operator is seeking 

4 operating authority with respect to that na5 tional park. 

6 ‘‘(4) EXCEPTION.—Notwithstanding paragraph 

7 (2), commercial air tour operators may conduct com8 mercial air tour operations over a national park 

9 under part 91 of the title 14, Code of Federal Regu10 lations, if— 

11 ‘‘(A) such activity is permitted under part 

12 119 of such title; 

13 ‘‘(B) the total number of operations under 

14 this exception is limited to not more than five 

15 flights in any 30-day period over a particular 

16 park; and 

17 ‘‘(C) the operator complies with the condi18 tions under which the operations will be con19 ducted as established by the Director, in con20 sultation with the Administrator. 

21 ‘‘(5) SPECIAL RULE FOR SAFETY REQUIRE22 MENTS.—Before receiving a permit issued under this 

23 section, a commercial air tour operator shall have 

24 obtained the appropriate operating authority as re25 quired by the Administrator under part 119, 121, or 


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1 135 of title 14, Code of Federal Regulations, to con2 duct operations under this section. 

3 ‘‘(6) EXEMPTION FOR NATIONAL PARKS WITH

4 50 OR FEWER FLIGHTS EACH YEAR.— 

5 ‘‘(A) IN GENERAL.—A national park that 

6 has 50 or fewer commercial air tour operations 

7 over the park each year shall be exempt from 

8 the requirements of this section, except as pro9 vided in subparagraph (B). 

10 ‘‘(B) WITHDRAWAL OF EXEMPTION.—If 

11 the Director determines that an air tour man12 agement plan or voluntary agreement is nec13 essary to protect park resources and values or 

14 park visitor use and enjoyment, the Director 

15 shall withdraw the exemption of a park under 

16 subparagraph (A). 

17 ‘‘(C) LIST OF PARKS.—The Director shall 

18 maintain a list each year of national parks that 

19 are covered by the exemption provided under 

20 this paragraph. 

21 ‘‘(b) AIR TOUR MANAGEMENT PLANS.— 

22 ‘‘(1) ESTABLISHMENT.— 

23 ‘‘(A) IN GENERAL.—The Director, in con24 sultation with the Administrator, shall establish 

25 an air tour management plan for any national 


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1 park or tribal land for which such a plan is not 

2 in effect whenever a person applies for author3 ity to conduct a commercial air tour operation 

4 over the park. The air tour management plan 

5 shall be developed by means of a public process 

6 in accordance with paragraph (4). 

7 ‘‘(B) OBJECTIVE.—The objective of any 

8 air tour management plan shall be to develop 

9 acceptable and effective measures to mitigate or 

10 prevent the significant adverse impacts, if any, 

11 of commercial air tour operations upon the nat12 ural and cultural resources, visitor experiences, 

13 and tribal lands. 

14 ‘‘(C) EXCEPTION.—An application to begin 

15 commercial air tour operations at Crater Lake 

16 National Park may be denied without the estab17 lishment of an air tour management plan by the 

18 Director of the National Park Service if the Di19 rector determines that such operations would 

20 adversely affect park resources or visitor experi21 ences. 

22 ‘‘(2) ENVIRONMENTAL DETERMINATION.—In 

23 establishing an air tour management plan and 

24 issuing a permit for a commercial air tour operator 

25 under this section, the Director shall comply with 


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1 the National Environmental Policy Act of 1969 (42 

2 U.S.C. 4321 et seq.). Any environmental thresholds, 

3 analyses, impact determinations, and conditions pre4 pared or used by the Director to establish an air 

5 tour management plan or issue a permit under this 

6 section shall have no broader application or be given 

7 deference beyond this section. 

8 ‘‘(3) CONTENTS.—An air tour management 

9 plan for a national park— 

10 ‘‘(A) may prohibit commercial air tour op11 erations over a national park in whole or in 

12 part; 

13 ‘‘(B) may establish conditions for the con14 duct of commercial air tour operations over a 

15 national park, including commercial air tour 

16 routes, maximum or minimum altitudes, time17 of-day restrictions, restrictions for particular 

18 events, maximum number of flights per unit of 

19 time, intrusions on privacy on tribal lands, and 

20 mitigation of noise, visual, or other impacts; 

21 ‘‘(C) shall apply to all commercial air tour 

22 operations over a national park that are also 

within 1 23 ⁄2 mile outside the boundary of a na24 tional park; 


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1 ‘‘(D) shall include incentives (such as pre2 ferred commercial air tour routes and altitudes, 

3 relief from caps and curfews) for the adoption 

4 of quiet aircraft technology by commercial air 

5 tour operators conducting commercial air tour 

6 operations over a national park when prac7 ticable; 

8 ‘‘(E) shall provide for the initial allocation 

9 of opportunities to conduct commercial air tour 

10 operations over a national park if the plan in11 cludes a limitation on the number of commer12 cial air tour operations for any time period; 

13 ‘‘(F) may not have been found to have ad14 verse effects on aviation safety or the manage15 ment of the national airspace system by the Ad16 ministrator; and 

17 ‘‘(G) shall justify and document the need 

18 for measures taken pursuant to subparagraphs 

19 (A) through (F). 

20 ‘‘(4) PROCEDURE.—In establishing an air tour 

21 management plan for a national park or tribal lands, 

22 the Director shall— 

23 ‘‘(A) hold at least one public meeting with 

24 interested parties to develop the air tour man25 agement plan; 


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1 ‘‘(B) publish a notice of availability of the 

2 proposed plan in the Federal Register for notice 

3 and comment and make copies of the proposed 

4 plan available to the public; 

5 ‘‘(C) comply with the regulations set forth 

6 in parts 1500 through 1508 of title 40, Code of 

7 Federal Regulations; 

8 ‘‘(D) solicit the participation of any Indian 

9 tribe whose tribal lands are, or may be, 

10 overflown by aircraft involved in a commercial 

11 air tour operation over the park or tribal lands 

12 to which the plan applies, as a cooperating 

13 agency under the regulations referred to in sub14 paragraph (C); and 

15 ‘‘(E) consult with the Administrator with 

16 respect to effects on aviation safety and the 

17 management of the national airspace system. 

18 ‘‘(5) JUDICIAL REVIEW.—An air tour manage19 ment plan developed under this subsection shall be 

20 subject to judicial review pursuant to chapter 7 of 

21 title 5, United States Code. 

22 ‘‘(6) AMENDMENTS AND REVOCATIONS.—The 

23 Director may make amendments to an air tour man24 agement plan and any permits issued pursuant to an 

25 air tour management plan, and may revoke permits. 


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1 The Director shall consult with the Administrator to 

2 ensure that any such amendments or revocations will 

3 not adversely affect aviation safety or the manage4 ment of the national airspace system. Any such 

5 amendments and revocations shall be published in 

6 the Federal Register for notice and comment. A re7 quest for amendment of an air tour management 

8 plan or permit shall be made in such form and man9 ner as the Director may prescribe. 

10 ‘‘(7) VOLUNTARY AGREEMENTS.— 

11 ‘‘(A) IN GENERAL.—As an alternative to 

12 an air tour management plan, the Director may 

13 enter into a voluntary agreement with a com14 mercial air tour operator (including a new en15 trant commercial air tour operator and an oper16 ator that has an interim operating permit) that 

17 has applied to conduct commercial air tour op18 erations over a national park to manage com19 mercial air tour operations over such national 

20 park. 

21 ‘‘(B) PARK PROTECTION.—A voluntary 

22 agreement entered into under subparagraph (A) 

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1 mising aviation safety or the management of 

2 the national airspace system and may— 

3 ‘‘(i) include provisions such as those 

4 included in the content of an air tour man5 agement plan; 

6 ‘‘(ii) include provisions to ensure the 

7 stability of, and compliance with, the vol8 untary agreement; and 

9 ‘‘(iii) provide for fees for such oper10 ations. 

11 ‘‘(C) PUBLIC REVIEW.—The Director shall 

12 provide an opportunity for public review of a 

13 proposed voluntary agreement under this para14 graph and shall consult with any Indian tribe 

15 whose tribal lands are, or may be, flown over by 

16 a commercial air tour operator under a vol17 untary agreement under this paragraph. After 

18 such opportunity for public review and consulta19 tion, the voluntary agreement may be imple20 mented without further administrative or envi21 ronmental process beyond that described in this 

22 subsection. 

23 ‘‘(D) TERMINATION.— 


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1 ‘‘(i) IN GENERAL.—A voluntary agree2 ment under this paragraph may be termi3 nated at any time at the discretion of— 

4 ‘‘(I) the Director, if the Director 

5 determines that the agreement is not 

6 adequately protecting park resources 

7 or visitor experiences; or 

8 ‘‘(II) the Administrator, if the 

9 Administrator determines that the 

10 agreement is adversely affecting avia11 tion safety or the national airspace 

12 system. 

13 ‘‘(ii) EFFECT OF TERMINATION.—If a 

14 voluntary agreement with respect to a na15 tional park is terminated under this sub16 paragraph, the operators shall conform to 

17 the requirements for an interim operating 

18 permit under subsection (c) until an air 

19 tour management plan for the park is in 

20 effect. 

21 ‘‘(c) INTERIM OPERATING AUTHORITY.— 

22 ‘‘(1) IN GENERAL.—Interim operating authority 

23 granted by the Administrator under this subsection, 

24 as in effect on the day before the date of the enact25 ment of the Moving Ahead for Progress in the 21st 


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1 Century Act, shall, on and after such date of enact2 ment, be known as an interim operating permit and 

3 be administered by the Director in accordance with 

4 the conditions of this subsection. 

5 ‘‘(2) REQUIREMENTS AND LIMITATIONS.—An 

6 interim operating permit— 

7 ‘‘(A) shall maintain the same annual au8 thorizations as provided for interim operating 

9 authority under this subsection, as in effect on 

10 the day before the date of the enactment of the 

11 Moving Ahead for Progress in the 21st Century 

12 Act; and 

13 ‘‘(B) may not provide for an increase in 

14 the number of commercial air tour operations 

15 over a national park conducted during any time 

16 period by the commercial air tour operator 

17 above the number that the air tour operator 

18 was granted unless such an increase is ap19 proved by the Director in consultation with the 

20 Administrator; 

21 ‘‘(C) may be revoked by the Director for 

22 cause; 

23 ‘‘(D) shall terminate 180 days after the 

24 date on which an air tour management plan is 

25 established for the park or tribal lands; 


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1 ‘‘(E) shall promote protection of national 

2 park resources, visitor experiences, and tribal 

3 lands; 

4 ‘‘(F) shall promote safe commercial air 

5 tour operations; 

6 ‘‘(G) shall promote the adoption of quiet 

7 technology, as appropriate; and 

8 ‘‘(H) may allow for modifications of the in9 terim operating permit without further environ10 mental review beyond that described in this 

11 subsection, if— 

12 ‘‘(i) adequate information regarding 

13 the existing and proposed operations of the 

14 operator under the interim operating per15 mit is provided to the Director; 

16 ‘‘(ii) the Director agrees with the 

17 modification, based on the professional ex18 pertise of the Director regarding the pro19 tection of the resources, values, and visitor 

20 use and enjoyment of the park; and 

21 ‘‘(iii) the Director receives advice in 

22 writing from the Administrator that there 

23 would be no adverse impact on aviation 

24 safety or the national airspace system. 


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1 ‘‘(3) MODIFICATIONS AND REVOCATIONS.—Any 

2 modification or revocation of an interim operating 

3 permit shall be published in the Federal Register to 

4 provide notice and opportunity for comment. 

5 ‘‘(4) NEW ENTRANT AIR TOUR OPERATORS.— 

6 ‘‘(A) IN GENERAL.—The Director, in con7 sultation with the Administrator, may grant an 

8 interim operating permit under this paragraph 

9 to an air tour operator for a national park or 

10 tribal lands for which that operator is a new en11 trant air tour operator without further environ12 mental process beyond that described in this 

13 paragraph, if— 

14 ‘‘(i) adequate information on the pro15 posed operations of the operator is pro16 vided to the Director by the operator mak17 ing the request; 

18 ‘‘(ii) the Director agrees, based on the 

19 Director’s professional expertise regarding 

20 the protection of park resources and values 

21 and visitor use and enjoyment; and 

22 ‘‘(iii) the Director receives advice in 

23 writing from the Administrator that there 

24 would be no adverse impact on aviation 

25 safety or the national airspace system. 


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1 ‘‘(B) SAFETY LIMITATION.—The Director 

2 may not grant an interim operating permit 

3 under subparagraph (A) if the Administrator 

4 determines that it would create a safety prob5 lem at the park or on the tribal lands, or the 

6 Director determines that it would create a noise 

7 problem at the park or on the tribal lands. 

8 ‘‘(d) COMMERCIAL AIR TOUR OPERATOR RE9 PORTS.— 

10 ‘‘(1) REPORT.—Each commercial air tour oper11 ator conducting a commercial air tour operation over 

12 a national park under an interim operating permit 

13 granted under subsection (c) or in accordance with 

14 an air tour management plan or voluntary agree15 ment under subsection (b) shall submit to the Direc16 tor a report regarding the number of commercial air 

17 tour operations over each national park that are con18 ducted by the operator and such other information 

19 as the Director may request in order to facilitate ad20 ministering the provisions of this section. 

21 ‘‘(2) REPORT SUBMISSION.—The Director shall 

22 issue a request for reports under this subsection. 

23 The reports shall be submitted to the Director with 

24 a frequency and in a format prescribed by the Direc25 tor. 


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1 ‘‘(e) COLLECTION OF FEES FROM AIR TOUR OPER2 ATIONS.— 

3 ‘‘(1) IN GENERAL.—The Director shall deter4 mine and assess a fee under paragraph (2) on a 

5 commercial air tour operator conducting commercial 

6 air tour operations over a national park, including 

7 the Grand Canyon National Park. 

8 ‘‘(2) AMOUNT OF FEE.—In determining the 

9 amount of the fee assessed under paragraph (1), the 

10 Director shall collect sufficient revenue, in the ag11 gregate, to pay for the expenses incurred by the 

12 Federal Government to develop and enforce air tour 

13 management plans for national parks. 

14 ‘‘(3) EFFECT OF FAILURE TO PAY FEE.—The 

15 Director may assess a civil penalty against or revoke 

16 the interim operating permit or air tour permit, 

17 whichever is applicable, of a commercial air tour op18 erator conducting commercial air tour operations 

19 over any national park, including the Grand Canyon 

20 National Park, that has not paid the fee assessed by 

21 the Director under paragraph (1) by the date that 

22 is 180 days after the date on which the Director de23 termines the fee shall be paid. 

24 ‘‘(4) FUNDING FOR AIR TOUR MANAGEMENT

25 PLANS.—The Director shall use the amounts colVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01663 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 lected to develop and enforce air tour management 

2 plans for the national parks the Director determines 

3 would most benefit from such a plan. 

4 ‘‘(f) CIVIL PENALTIES.— 

5 ‘‘(1) IN GENERAL.—Any person who violates 

6 any provision of this section or any regulation or 

7 permit issued under this section may be assessed a 

8 civil penalty by the Director of not more than 

9 $25,000 for each such violation. 

10 ‘‘(2) KNOWING VIOLATIONS.—Any person who 

11 knowingly violates any provision of this section or 

12 any regulation or permit issued under this section 

13 may be assessed a civil penalty by the Director of 

14 not more than $50,000 for each violation. 

15 ‘‘(3) PROCEDURES.—A penalty may not be as16 sessed under this subsection on a person unless the 

17 person is given notice and opportunity for a hearing 

18 with respect to the violation for which the penalty is 

19 assessed. Each violation of this section or a regula20 tion or permit issued under this section shall be a 

21 separate offense. Any civil penalty assessed under 

22 this subsection may be remitted or mitigated by the 

23 Director. Upon any failure by a person to pay a pen24 alty assessed under this subsection, the Director 

25 may request the Attorney General to institute a civil 


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1 action in a district court of the United States for 

2 any district in which the person is found, resides, or 

3 transacts business to collect the penalty and such 

4 court shall have jurisdiction to hear and decide any 

5 such action. The court shall hear such action on the 

6 record made before the Director and shall sustain 

7 his action if it is supported by substantial evidence 

8 on the record considered as a whole. 

9 ‘‘(4) ADMINISTRATIVE PROCEEDINGS.—Hear10 ings held during proceedings for the assessment of 

11 civil penalties under this subsection shall be con12 ducted in accordance with section 554 of title 5, 

13 United States Code. The Director may issue sub14 poenas for the attendance and testimony of wit15 nesses and the production of relevant papers, books, 

16 and documents, and administer oaths. Witnesses 

17 summoned shall be paid the same fees and mileage 

18 that are paid to witnesses in the courts of the 

19 United States. In case of contumacy or refusal to 

20 obey a subpoena served upon any person pursuant to 

21 this paragraph, the district court of the United 

22 States for any district in which such person is found 

23 or resides or transacts business, upon application by 

24 the United States and after notice to the person, 

25 shall have jurisdiction to issue an order requiring 


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1 the person to appear and give testimony before the 

2 Director or to appear and produce documents before 

3 the Director, or both, and any failure to obey the 

4 order of the court may be punished by such court as 

5 a contempt thereof. 

6 ‘‘(g) ENFORCEMENT.—The provisions of this section 

7 and any regulations or permits issued under this section 

8 may be enforced by the Director or the Administrator, as 

9 appropriate. The Director may utilize by agreement, with 

10 or without reimbursement, the personnel, services, and fa11 cilities of any other Federal agency or any State agency 

12 for purposes of enforcing this section. The decisions of the 

13 Director under this subsection shall not have broader ap14 plication or be given deference beyond this section. The 

15 Administrator shall retain enforcement authority over 

16 matters involving the safety and efficiency of the national 

17 airspace system. 

18 ‘‘(h) EXEMPTIONS.—This section shall not apply to— 

19 ‘‘(1) the Grand Canyon National Park; or 

20 ‘‘(2) tribal lands within or abutting the Grand 

21 Canyon National Park. 

22 ‘‘(i) LAKE MEAD.—This section shall not apply to 

23 any air tour operator while flying over or near the Lake 

24 Mead National Recreation Area, solely as a transportation 

25 route, to conduct an air tour over the Grand Canyon NaVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01666 Fmt 6652 Sfmt 6201 E:\SENENR\S1813.ES S1813

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1 tional Park. For purposes of this subsection, an air tour 

2 operator flying over the Hoover Dam in the Lake Mead 

3 National Recreation Area en route to the Grand Canyon 

4 National Park shall be deemed to be flying solely as a 

5 transportation route. 

6 ‘‘(j) SEVERABLE SERVICES CONTRACTS FOR PERI7 ODS CROSSING FISCAL YEARS.— 

8 ‘‘(1) IN GENERAL.—For purposes of this sec9 tion, the Director may enter into a contract for pro10 curement of severable services for a period that be11 gins during one fiscal year and ends in the next fis12 cal year if (without regard to any option to extend 

13 the period of the contract) the period of the contract 

14 does not exceed 1 year. 

15 ‘‘(2) OBLIGATION OF FUNDS.—Funds made 

16 available for a fiscal year may be obligated for the 

17 total amount of a contract entered into under the 

18 authority of paragraph (1). 

19 ‘‘(k) RESPONSIBILITIES AND AUTHORITIES OF AD20 MINISTRATOR.— 

21 ‘‘(1) IN GENERAL.—The Administrator shall 

22 advise the Director in writing of any adverse effects 

23 on aviation safety and or management of the na24 tional airspace system for any proposed action taken 

25 under this section. 


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1 ‘‘(2) AMENDMENTS TO AUTHORIZATION FOR

2 COMMERCIAL AIR TOUR OPERATORS.—The Adminis3 trator, in consultation with the Director, may amend 

4 any authorization for a commercial air tour operator 

5 to include conditions set forth in any permit issued 

6 under this section or to address any adverse effect 

7 on aviation safety. 

8 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

9 this section shall be construed to limit or abrogate 

10 the Administrator’s authority to ensure the safety 

11 and efficiency of the national airspace system. 

12 ‘‘(l) DEFINITIONS.—In this section, the following 

13 definitions apply: 

14 ‘‘(1) COMMERCIAL AIR TOUR OPERATOR.—The 

15 term ‘commercial air tour operator’ means any per16 son who conducts a commercial air tour operation 

17 over a national park. 

18 ‘‘(2) EXISTING COMMERCIAL AIR TOUR OPER19 ATOR.—The term ‘existing commercial air tour oper20 ator’ means a commercial air tour operator that was 

21 actively engaged in the business of providing com22 mercial air tour operations over a national park at 

23 any time during the 12-month period ending on the 

24 date of the enactment of this section. 


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1 ‘‘(3) NEW ENTRANT COMMERCIAL AIR TOUR

2 OPERATOR.—The term ‘new entrant commercial air 

3 tour operator’ means a commercial air tour operator 

4 that— 

5 ‘‘(A) applies for an interim operating per6 mit or air tour permit as a commercial air tour 

7 operator for a national park or tribal lands; and 

8 ‘‘(B) has not engaged in the business of 

9 providing commercial air tour operations over 

10 the national park or tribal lands in the 12- 

11 month period preceding the application. 

12 ‘‘(4) COMMERCIAL AIR TOUR OPERATION OVER

13 A NATIONAL PARK.— 

14 ‘‘(A) IN GENERAL.—The term ‘commercial 

15 air tour operation over a national park’ means 

16 any flight, conducted for compensation or hire 

17 in a powered aircraft where a purpose of the 

18 flight is sightseeing over a national park, within 

1 19 ⁄2 mile outside the boundary of any national 

20 park (except the Grand Canyon National Park), 

21 or over tribal lands (except those within or 

22 abutting the Grand Canyon National Park), 

23 during which the aircraft flies— 

24 ‘‘(i) below a minimum altitude, deter25 mined by the Administrator in cooperation 


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1 with the Director, above ground level (ex2 cept solely for purposes of takeoff or land3 ing, or necessary for safe operation of an 

4 aircraft as determined under the rules and 

5 regulations of the Federal Aviation Admin6 istration requiring the pilot-in-command to 

7 take action to ensure the safe operation of 

8 the aircraft); or 

9 ‘‘(ii) less than 1 mile laterally from 

10 any geographic feature within the park 

(unless more than 1 11 ⁄2 mile outside the 

12 boundary). 

13 ‘‘(B) FACTORS TO CONSIDER.—In making 

14 a determination of whether a flight is a com15 mercial air tour operation over a national park 

16 for purposes of this section, the Administrator 

17 may consider— 

18 ‘‘(i) whether there was a holding out 

19 to the public of willingness to conduct a 

20 sightseeing flight for compensation or hire; 

21 ‘‘(ii) whether a narrative that referred 

22 to areas or points of interest on the sur23 face below the route of the flight was pro24 vided by the person offering the flight; 

25 ‘‘(iii) the area of operation; 


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1 ‘‘(iv) the frequency of flights con2 ducted by the person offering the flight; 

3 ‘‘(v) the route of flight; 

4 ‘‘(vi) the inclusion of sightseeing 

5 flights as part of any travel arrangement 

6 package offered by the person offering the 

7 flight; 

8 ‘‘(vii) whether the flight would have 

9 been canceled based on poor visibility of 

10 the surface below the route of the flight; 

11 and 

12 ‘‘(viii) any other factors that the Ad13 ministrator and the Director consider ap14 propriate. 

15 ‘‘(5) NATIONAL PARK.—The term ‘national 

16 park’ means any unit of the National Park System. 

17 ‘‘(6) TRIBAL LANDS.— 

18 ‘‘(A) IN GENERAL.—The term ‘tribal 

19 lands’ means Indian country (as that term is 

20 defined in section 1151 of title 18) that is with21 in or abutting a national park. 

22 ‘‘(B) ABUTTING.—For purposes of sub23 paragraph (A), the term ‘abutting’ means lands 

within 1 24 ⁄2 mile outside the boundary of a na25 tional park. 


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1 ‘‘(7) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator of the Federal Avia3 tion Administration. 

4 ‘‘(8) DIRECTOR.—The term ‘Director’ means 

5 the Director of the National Park Service. 

6 ‘‘(9) AIR TOUR PERMIT.—The term ‘air tour 

7 permit’ means a permit issued by the Director, in 

8 accordance with this section, to a commercial oper9 ator to conduct commercial air tour operations over 

10 a national park or tribal lands.’’. 

11 (b) AMENDMENTS TO NATIONAL PARKS AIR TOUR

12 MANAGEMENT ACT OF 2000.— 

13 (1) ADVISORY GROUP.—Section 805 of the Na14 tional Parks Air Tour Management Act of 2000 (49 

15 U.S.C. 40128 note) is amended— 

16 (A) by striking subsection (a) and insert17 ing the following: 

18 ‘‘(a) IN GENERAL.—The Director of the National 

19 Park Service may retain the advisory group established 

20 pursuant to this section, as in effect on the day before 

21 the date of the enactment of the Moving Ahead for 

22 Progress in the 21st Century Act, to provide continuing 

23 advice and counsel with respect to commercial air tour op24 erations over and near national parks.’’; 

25 (B) in subsection (b)— 


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1 (i) in paragraph (1)(A)(iv), by insert2 ing ‘‘or Native Hawaiians’’ after ‘‘Indian 

3 tribes’’; and 

4 (ii) by striking paragraph (3) and in5 serting the following: 

6 ‘‘(3) CHAIRPERSON.—The representative of the 

7 National Park Service shall serve as chairperson of 

8 the advisory group.’’; and 

9 (C) in subsection (d)(2), by striking ‘‘The 

10 Federal Aviation Administration and the Na11 tional Park Service shall jointly’’ and inserting 

12 ‘‘The National Park Service shall’’. 

13 (2) REPORTS.—Section 807 of the National 

14 Parks Air Tour Management Act of 2000 (49 

15 U.S.C. 40128 note) is repealed. 

16 (3) METHODOLOGIES USED TO ASSESS AIR

17 TOUR NOISE.—Section 808 of the National Parks 

18 Air Tour Management Act of 2000 (49 U.S.C. 

19 40128 note) is amended by striking ‘‘a Federal 

20 agency’’ and inserting ‘‘the Director of the National 

21 Park Service’’. 


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1 DIVISION H—BUDGETARY 

2 EFFECTS 

3 SEC. 100401. BUDGETARY EFFECTS. 

4 (a) PAYGO SCORECARD.—The budgetary effects of 

5 this Act shall not be entered on either PAYGO scorecard 

6 maintained pursuant to section 4(d) of the Statutory Pay7 As-You-Go Act of 2010. 

8 (b) SENATE PAYGO SCORECARD.—The budgetary 

9 effects of this Act shall not be recorded on any PAYGO 

10 scorecard maintained for purposes of section 201 of S. 

11 Con. Res. 21 (110th Congress). 

Passed the Senate March 14, 2012. 

Attest: 

Secretary. 


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112TH CONGRESS 

2D SESSION S. 1813 

AN ACT 

To reauthorize Federal-aid highway and highway 

poses. safety construction programs, and for other purVerDate Mar 15 2010 23:06 Mar 19, 2012 Jkt 099200 PO 00000 Frm 01676 Fmt 6651 Sfmt 6651 E:\SENENR\S1813.ES S1813

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