```

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

112th CONGRESS
  2d Session
                                S. 1813

_______________________________________________________________________

                                 AN ACT

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

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

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

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

Sec. 1. Short title; organization of Act into divisions; table of 
                            contents.
Sec. 2. Definitions.
   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. National highway system.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Transportation mobility program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection 
                            standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight program.
Sec. 1116. Federal lands and tribal transportation programs.
Sec. 1117. Alaska Highway.
Sec. 1118. Projects of national and regional significance.
Sec. 1119. Construction of ferry boats and ferry terminal facilities.
                   Subtitle B--Performance Management

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

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

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

Sec. 1501. Program efficiencies.
Sec. 1502. Project approval and oversight.
Sec. 1503. Standards.
Sec. 1504. Construction.
Sec. 1505. Maintenance.
Sec. 1506. Federal share payable.
Sec. 1507. Transferability of Federal-aid highway funds.
Sec. 1508. Special permits during periods of national emergency.
Sec. 1509. Electric vehicle charging stations.
Sec. 1510. HOV facilities.
Sec. 1511. Construction equipment and vehicles.
Sec. 1512. Use of debris from demolished bridges and overpasses.
Sec. 1513. Extension of public transit vehicle exemption from axle 
                            weight restrictions.
Sec. 1514. Uniform Relocation Assistance Act amendments.
Sec. 1515. Use of youth service and conservation corps.
Sec. 1516. Consolidation of programs; repeal of obsolete provisions.
Sec. 1517. Rescissions.
Sec. 1518. State autonomy for culvert pipe selection.
Sec. 1519. Effective and significant performance measures.
Sec. 1520. Requirements for eligible bridge projects.
Sec. 1521. Idle reduction technology.
Sec. 1522. Report on Highway Trust Fund expenditures.
Sec. 1523. Evacuation routes.
Sec. 1524. Defense access road program enhancements to address 
                            transportation infrastructure in the 
                            vicinity of military installations.
Sec. 1525. Express lanes demonstration program.
Sec. 1526. Treatment of historic signs.
Sec. 1527. Consolidation of grants.
Sec. 1528. Buy America provisions.
Sec. 1529. Exemptions from requirements for certain farm vehicles.
Sec. 1530. Appalachian development highway system.
Sec. 1531. Denali Commission.
Sec. 1532. Updated corrosion control and prevention report.
Sec. 1533. Harbor Maintenance trust fund.
Sec. 1534. Enrichment technology and intellectual property.
Sec. 1535. Sense of Senate concerning expenditious completion of 
                            environmental reviews, approvals, 
                            licensing, and permit requirements.
                   Subtitle F--Gulf Coast Restoration

Sec. 1601. Short title.
Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restoration and economic 
                            recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, 
                            Monitoring, and Technology Program.
Sec. 1605. Effect.
              Subtitle G--Land and Water Conservation Fund

Sec. 1701. Land and water conservation fund.
                          Subtitle H--Offsets

Sec. 1801. Delay in application of worldwide interest.
          TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION

Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act 
                            amendments.
Sec. 2003. State infrastructure banks.
                  TITLE III--HIGHWAY SPENDING CONTROLS

Sec. 3001. Highway spending controls.
                   DIVISION B--PUBLIC TRANSPORTATION

Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies, purposes, and goals.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Public Transportation Emergency Relief Program.
Sec. 20008. Urbanized area formula grants.
Sec. 20009. Clean fuel grant program.
Sec. 20010. Fixed guideway capital investment grants.
Sec. 20011. Formula grants for the enhanced mobility of seniors and 
                            individuals with disabilities.
Sec. 20012. Formula grants for other than urbanized areas.
Sec. 20013. Research, development, demonstration, and deployment 
                            projects.
Sec. 20014. Technical assistance and standards development.
Sec. 20015. Bus testing facilities.
Sec. 20016. Public transportation workforce development and human 
                            resource programs.
Sec. 20017. General provisions.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Labor standards.
Sec. 20025. Administrative provisions.
Sec. 20026. National transit database.
Sec. 20027. Apportionment of appropriations for formula grants.
Sec. 20028. State of good repair grants.
Sec. 20029. Authorizations.
Sec. 20030. Apportionments based on growing States and high density 
                            States formula factors.
Sec. 20031. Technical and conforming amendments.
  DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

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

Sec. 31001. Short title.
Sec. 31002. Definition.
                       Subtitle A--Highway Safety

Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. Combined occupant protection grants.
Sec. 31106. State traffic safety information system improvements.
Sec. 31107. Impaired driving countermeasures.
Sec. 31108. Distracted driving grants.
Sec. 31109. High visibility enforcement program.
Sec. 31110. Motorcyclist safety.
Sec. 31111. Driver alcohol detection system for safety research.
Sec. 31112. State graduated driver licensing laws.
Sec. 31113. Agency accountability.
Sec. 31114. Emergency medical services.
                Subtitle B--Enhanced Safety Authorities

Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Odometer requirements.
Sec. 31206. Increased penalties and damages for odometer fraud.
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and 
                            equipment to defective vehicles and 
                            equipment.
Sec. 31208. Financial responsibility requirements for importers.
Sec. 31209. Conditions on importation of vehicles and equipment.
Sec. 31210. Port inspections; samples for examination or testing.
              Subtitle C--Transparency and Accountability

Sec. 31301. Improved National Highway Traffic Safety Administration 
                            vehicle safety database.
Sec. 31302. National Highway Traffic Safety Administration hotline for 
                            manufacturer, dealer, and mechanic 
                            personnel.
Sec. 31303. Consumer notice of software updates and other 
                            communications with dealers.
Sec. 31304. Public availability of early warning data.
Sec. 31305. Corporate responsibility for National Highway Traffic 
                            Safety Administration reports.
Sec. 31306. Passenger motor vehicle information program.
Sec. 31307. Promotion of vehicle defect reporting.
Sec. 31308. Whistleblower protections for motor vehicle manufacturers, 
                            part suppliers, and dealership employees.
Sec. 31309. Anti-revolving door.
Sec. 31310. Study of crash data collection.
Sec. 31311. Update means of providing notification; improving efficacy 
                            of recalls.
Sec. 31312. Expanding choices of remedy available to manufacturers of 
                            replacement equipment.
Sec. 31313. Recall obligations and bankruptcy of manufacturer.
Sec. 31314. Repeal of insurance reports and information provision.
Sec. 31315. Monroney sticker to permit additional safety rating 
                            categories.
          Subtitle D--Vehicle Electronics and Safety Standards

Sec. 31401. National Highway Traffic Safety Administration electronics, 
                            software, and engineering expertise.
Sec. 31402. Vehicle stopping distance and brake override standard.
Sec. 31403. Pedal placement standard.
Sec. 31404. Electronic systems performance standard.
Sec. 31405. Pushbutton ignition systems standard.
Sec. 31406. Vehicle event data recorders.
Sec. 31407. Prohibition on electronic visual entertainment in driver's 
                            view.
Sec. 31408. Commercial motor vehicle rollover prevention and crash 
                            mitigation.
                   Subtitle E--Child Safety Standards

Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.
 Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural 
                               Equipment

Sec. 31601. Rulemaking on visibility of agricultural equipment.
   TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.
           Subtitle A--Commercial Motor Vehicle Registration

Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure 
                            to respond to subpoena.
Sec. 32111. Fleetwide out of service order for operating without 
                            required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Sec. 32113. Federal successor standard.
              Subtitle B--Commercial Motor Vehicle Safety

Sec. 32201. Repeal of commercial jurisdiction exception for brokers of 
                            motor carriers of passengers.
Sec. 32202. Bus rentals and definition of employer.
Sec. 32203. Crashworthiness standards.
Sec. 32204. Canadian safety rating reciprocity.
Sec. 32205. State reporting of foreign commercial driver convictions.
Sec. 32206. Authority to disqualify foreign commercial drivers.
Sec. 32207. Revocation of foreign motor carrier operating authority for 
                            failure to pay civil penalties.
Sec. 32208. Rental truck accident study.
                       Subtitle C--Driver Safety

Sec. 32301. Electronic on-board recording devices.
Sec. 32302. Safety fitness.
Sec. 32303. Driver medical qualifications.
Sec. 32304. Commercial driver's license notification system.
Sec. 32305. Commercial motor vehicle operator training.
Sec. 32306. Commercial driver's license program.
Sec. 32307. Commercial driver's license requirements.
Sec. 32308. Commercial motor vehicle driver information systems.
Sec. 32309. Disqualifications based on non-commercial motor vehicle 
                            operations.
Sec. 32310. Federal driver disqualifications.
Sec. 32311. Employer responsibilities.
Sec. 32312. Improving and expediting safety assessments in the 
                            commercial driver's license application 
                            process for members and former members of 
                            the Armed Forces.
                   Subtitle D--Safe Roads Act of 2012

Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol 
                            test results of commercial motor vehicle 
                            operators.
Sec. 32403. Drug and alcohol violation sanctions.
Sec. 32404. Authorization of appropriations.
                        Subtitle E--Enforcement

Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Minimum prohibition on operation for unfit carriers.
Sec. 32505. Minimum out of service penalties.
Sec. 32506. Impoundment and immobilization of commercial motor vehicles 
                            for imminent hazard.
Sec. 32507. Increased penalties for evasion of regulations.
Sec. 32508. Failure to pay civil penalty as a disqualifying offense.
Sec. 32509. Violations relating to commercial motor vehicle safety 
                            regulation and operators.
Sec. 32510. Emergency disqualification for imminent hazard.
Sec. 32511. Intrastate operations of interstate motor carriers.
Sec. 32512. Enforcement of safety laws and regulations.
Sec. 32513. Disclosure to State and local law enforcement agencies.
Sec. 32514. Grade crossing safety regulations.
             Subtitle F--Compliance, Safety, Accountability

Sec. 32601. Compliance, safety, accountability.
Sec. 32602. Performance and registration information systems management 
                            program.
Sec. 32603. Commercial motor vehicle defined.
Sec. 32604. Driver safety fitness ratings.
Sec. 32605. Uniform electronic clearance for commercial motor vehicle 
                            inspections.
Sec. 32606. Authorization of appropriations.
Sec. 32607. High risk carrier reviews.
Sec. 32608. Data and technology grants.
Sec. 32609. Driver safety grants.
Sec. 32610. Commercial vehicle information systems and networks.
           Subtitle G--Motorcoach Enhanced Safety Act of 2012

Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger 
                            evacuation, and crash avoidance.
Sec. 32704. Standards for improved fire safety.
Sec. 32705. Occupant protection, collision avoidance, fire causation, 
                            and fire extinguisher research and testing.
Sec. 32706. Motorcoach registration.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing 
                            a system of certification of training 
                            programs.
Sec. 32709. Report on driver's license requirements for 9- to 15-
                            passenger vans.
Sec. 32710. Event data recorders.
Sec. 32711. Safety inspection program for commercial motor vehicles of 
                            passengers.
Sec. 32712. Distracted driving.
Sec. 32713. Regulations.
       Subtitle H--Safe Highways and Infrastructure Preservation

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

                         PART I--Miscellaneous

Sec. 32911. Detention time study.
Sec. 32912. Prohibition of coercion.
Sec. 32913. Motor carrier safety advisory committee.
Sec. 32914. Waivers, exemptions, and pilot programs.
Sec. 32915. Registration requirements.
Sec. 32916. Additional motor carrier registration requirements.
Sec. 32917. Registration of freight forwarders and brokers.
Sec. 32918. Effective periods of registration.
Sec. 32919. Financial security of brokers and freight forwarders.
Sec. 32920. Unlawful brokerage activities.
                PART II--Household Goods Transportation

Sec. 32921. Additional registration requirements for household goods 
                            motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
Sec. 32924. Household goods transportation assistance program.
Sec. 32925. Household goods consumer education program.
                     PART III--Technical Amendments

Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.
    TITLE III--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2012

Sec. 33001. Short title.
Sec. 33002. Establishment of a national surface transportation and 
                            freight policy.
Sec. 33003. Surface transportation and freight strategic plan.
Sec. 33004. Transportation investment data and planning tools.
Sec. 33005. Port infrastructure development initiative.
Sec. 33006. Safety for motorized and nonmotorized users.
Sec. 33007. Buy America waiver requirements.
Sec. 33008. Make it in America Initiative.
Sec. 33009. Capacity-building for natural disasters and extreme 
                            weather.
Sec. 33010. Toll fairness study.
TITLE IV--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF 
                                  2012

Sec. 34001. Short title.
Sec. 34002. Definition.
Sec. 34003. References to title 49, United States Code.
Sec. 34004. Training for emergency responders.
Sec. 34005. Paperless Hazard Communications Pilot Program.
Sec. 34006. Improving data collection, analysis, and reporting.
Sec. 34007. Loading and unloading of hazardous materials.
Sec. 34008. Hazardous material technical assessment, research and 
                            development, and analysis program.
Sec. 34009. Hazardous Material Enforcement Training Program.
Sec. 34010. Inspections.
Sec. 34011. Civil penalties.
Sec. 34012. Reporting of fees.
Sec. 34013. Special permits, approvals, and exclusions.
Sec. 34014. Highway routing disclosures.
Sec. 34015. Authorization of appropriations.
TITLE V--NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, AND DEVELOPMENT 
                              ACT OF 2012

Sec. 35001. Short title.
Sec. 35002. References to title 49, United States Code.
 Subtitle A--Federal and State Roles in Rail Planning and Development 
                                 Tools

Sec. 35101. Rail plans.
Sec. 35102. Improved data on delay.
Sec. 35103. Data and modeling.
Sec. 35104. Shared-use corridor study.
Sec. 35105. Cooperative equipment pool.
Sec. 35106. Project management oversight and planning.
Sec. 35107. Improvements to the Capital Assistance Programs.
Sec. 35108. Liability.
Sec. 35109. Disadvantaged business enterprises.
Sec. 35110. Workforce development.
Sec. 35111. Veterans employment.
                           Subtitle B--Amtrak

Sec. 35201. State-supported routes.
Sec. 35202. Northeast corridor infrastructure and operations advisory 
                            commission.
Sec. 35203. Northeast corridor high-speed rail improvement plan.
Sec. 35204. Northeast corridor environmental review process.
Sec. 35205. Delegation authority.
Sec. 35206. Amtrak inspector general.
Sec. 35207. Compensation for private-sector use of Federally-funded 
                            assets.
Sec. 35208. On-time performance.
Sec. 35209. Board of directors.
Sec. 35210. Amtrak.
                  Subtitle C--Rail Safety Improvements

Sec. 35301. Positive train control.
Sec. 35302. Additional eligibility for railroad rehabilitation and 
                            improvement financing.
Sec. 35303. FCC study of spectrum availability.
                        Subtitle D--Freight Rail

Sec. 35401. Rail line relocation.
Sec. 35402. Compilation of complaints.
Sec. 35403. Maximum relief in certain rate cases.
Sec. 35404. Rate review timelines.
Sec. 35405. Revenue adequacy study.
Sec. 35406. Quarterly reports.
Sec. 35407. Workforce review.
Sec. 35408. Railroad rehabilitation and improvement financing.
                   Subtitle E--Technical Corrections

Sec. 35501. Technical corrections.
Sec. 35502. Condemnation authority.
  Subtitle F--Licensing and Insurance Requirements for Passenger Rail 
                                Carriers

Sec. 35601. Certification of passenger rail carriers.
TITLE VI--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF 
                                  2012

Sec. 36001. Short title.
Sec. 36002. Amendment of Federal Aid in Sport Fish Restoration Act.
                        TITLE VII--MISCELLANEOUS

Sec. 37001. Aircraft noise abatement.
                          DIVISION D--FINANCE

Sec. 40001. Short title.
  TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND 
                             RELATED TAXES

Sec. 40101. Extension of trust fund expenditure authority.
Sec. 40102. Extension of highway-related taxes.
                       TITLE II--OTHER PROVISIONS

Sec. 40201. Temporary increase in small issuer exception to tax-exempt 
                            interest expense allocation rules for 
                            financial institutions.
Sec. 40202. Temporary modification of alternative minimum tax 
                            limitations on tax-exempt bonds.
Sec. 40203. Issuance of TRIP bonds by State infrastructure banks.
Sec. 40204. Extension of parity for exclusion from income for employer-
                            provided mass transit and parking benefits.
Sec. 40205. Exempt-facility bonds for sewage and water supply 
                            facilities.
                     TITLE III--REVENUE PROVISIONS

Sec. 40301. Transfer from Leaking Underground Storage Tank Trust Fund 
                            to Highway Trust Fund.
Sec. 40302. Portion of Leaking Underground Storage Tank Trust Fund 
                            financing rate transferred to Highway Trust 
                            Fund.
Sec. 40303. Transfer of gas guzzler taxes to Highway Trust Fund.
Sec. 40304. Revocation or denial of passport in case of certain unpaid 
                            taxes.
Sec. 40305. 100 percent continuous levy on payments to Medicare 
                            providers and suppliers.
Sec. 40306. Transfer of amounts attributable to certain duties on 
                            imported vehicles into the Highway Trust 
                            Fund.
Sec. 40307. Treatment of securities of a controlled corporation 
                            exchanged for assets in certain 
                            reorganizations.
Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan 
                            Accounts.
Sec. 40309. Depreciation and amortization rules for highway and related 
                            property subject to long-term leases.
Sec. 40310. Extension for transfers of excess pension assets to retiree 
                            health accounts.
Sec. 40311. Transfer of excess pension assets to retiree group term 
                            life insurance accounts.
Sec. 40312. Pension funding stabilization.
Sec. 40313. Additional transfers to Highway Trust Fund.
Sec. 40314. Transfers to Federal Old-Age and Survivors Insurance Trust 
                            Fund and Federal Disability Insurance Trust 
                            Fund.
                   DIVISION E--RESEARCH AND EDUCATION

Sec. 50001. Short title.
                            TITLE I--FUNDING

Sec. 51001. Authorization of appropriations.
             TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec. 52001. Research, technology, and education.
Sec. 52002. Surface transportation research, development, and 
                            technology.
Sec. 52003. Research and technology development and deployment.
Sec. 52004. Training and education.
Sec. 52005. State planning and research.
Sec. 52006. International highway transportation program.
Sec. 52007. Surface transportation environmental cooperative research 
                            program.
Sec. 52008. National cooperative freight research.
Sec. 52009. Prize authority.
Sec. 52010. University transportation centers program.
Sec. 52011. Bureau of transportation statistics.
Sec. 52012. Administrative authority.
Sec. 52013. Transportation research and development strategic planning.
         TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH

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

SEC. 2. DEFINITIONS.

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

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

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 1102. OBLIGATION CEILING.

    (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
            (1) $41,564,000,000 for fiscal year 2012; and
            (2) $42,227,000,000 for fiscal year 2013.
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance 
        Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (but, for 
        each of fiscal years 2005 through 2011, only in an amount equal 
        to $639,000,000 for each of those fiscal years);
            (11) section 1603 of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users (119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation; and
            (12) section 119 of title 23, United States Code (but, for 
        each of fiscal years 2012 through 2013, only in an amount equal 
        to $639,000,000 for each of those fiscal years).
    (c) Distribution of Obligation Authority.--For each of fiscal years 
2012 through 2013, the Secretary--
            (1) shall not distribute obligation authority provided by 
        subsection (a) for the fiscal year for--
                    (A) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code; and
                    (B) amounts authorized for the Bureau of 
                Transportation Statistics;
            (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years the funds for which are allocated 
                by the Secretary (or apportioned by the Secretary under 
                sections 202 or 204 of title 23, United States Code); 
                and
                    (B) for which obligation authority was provided in 
                a previous fiscal year;
            (3) shall determine the proportion that--
                    (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                    (B) the total of the sums authorized to be 
                appropriated for the Federal-aid highway and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (11) of subsection 
                (b) and sums authorized to be appropriated for section 
                119 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(12) for the fiscal 
                year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
            (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2), for each of the programs (other 
        than programs to which paragraph (1) applies) that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code, or apportioned by the Secretary under sections 202 
        or 204 of that title, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the national highway performance program in 
        section 119 of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(12) and the amounts 
        apportioned under section 204 of that title) in the proportion 
        that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall, after August 1 of each of fiscal 
years 2012 through 2013--
            (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under sections 
        144 (as in effect on the day before the date of enactment of 
        this Act) and 104 of title 23, United States Code.
    (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for transportation research programs carried 
        out under--
                    (A) chapter 5 of title 23, United States Code; and
                    (B) division E of this Act.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal 
                years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
    (f) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2012 through 2013, the Secretary shall 
        distribute to the States any funds (excluding funds authorized 
        for the program under section 202 of title 23, United States 
        Code) that--
                    (A) are authorized to be appropriated for the 
                fiscal year for Federal-aid highway programs; and
                    (B) the Secretary determines will not be allocated 
                to the States (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for the fiscal 
                year because of the imposition of any obligation 
                limitation for the fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(c) of title 23, United States Code.

SEC. 1103. DEFINITIONS.

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

SEC. 1104. NATIONAL HIGHWAY SYSTEM.

    (a) In General.--Section 103 of title 23, United States Code, is 
amended to read as follows:
``Sec. 103. National highway system
    ``(a) In General.--For the purposes of this title, the Federal-aid 
system is the National Highway System, which includes the Interstate 
System.
    ``(b) National Highway System.--
            ``(1) Description.--The National Highway System consists of 
        the highway routes and connections to transportation facilities 
        that shall--
                    ``(A) serve major population centers, international 
                border crossings, ports, airports, public 
                transportation facilities, and other intermodal 
                transportation facilities and other major travel 
                destinations;
                    ``(B) meet national defense requirements; and
                    ``(C) serve interstate and interregional travel and 
                commerce.
            ``(2) Components.--The National Highway System described in 
        paragraph (1) consists of the following:
                    ``(A) The National Highway System depicted on the 
                map submitted by the Secretary of Transportation to 
                Congress with the report entitled `Pulling Together: 
                The National Highway System and its Connections to 
                Major Intermodal Terminals' and dated May 24, 1996, and 
                modifications approved by the Secretary before the date 
                of enactment of the MAP-21.
                    ``(B) Other urban and rural principal arterial 
                routes, and border crossings on those routes, that were 
                not included on the National Highway System before the 
                date of enactment of the MAP-21.
                    ``(C) Other connector highways (including toll 
                facilities) that were not included in the National 
                Highway System before the date of enactment of the MAP-
                21 but that provide motor vehicle access between 
                arterial routes on the National Highway System and a 
                major intermodal transportation facility.
                    ``(D) A strategic highway network that--
                            ``(i) consists of a network of highways 
                        that are important to the United States 
                        strategic defense policy, that provide defense 
                        access, continuity, and emergency capabilities 
                        for the movement of personnel, materials, and 
                        equipment in both peacetime and wartime, and 
                        that were not included on the National Highway 
                        System before the date of enactment of the MAP-
                        21;
                            ``(ii) may include highways on or off the 
                        Interstate System; and
                            ``(iii) shall be designated by the 
                        Secretary, in consultation with appropriate 
                        Federal agencies and the States.
                    ``(E) Major strategic highway network connectors 
                that--
                            ``(i) consist of highways that provide 
                        motor vehicle access between major military 
                        installations and highways that are part of the 
                        strategic highway network but were not included 
                        on the National Highway System before the date 
                        of enactment of the MAP-21; and
                            ``(ii) shall be designated by the 
                        Secretary, in consultation with appropriate 
                        Federal agencies and the States.
            ``(3) Modifications to nhs.--
                    ``(A) In general.--The Secretary may make any 
                modification, including any modification consisting of 
                a connector to a major intermodal terminal, to the 
                National Highway System that is proposed by a State if 
                the Secretary determines that the modification--
                            ``(i) meets the criteria established for 
                        the National Highway System under this title 
                        after the date of enactment of the MAP-21; and
                            ``(ii) enhances the national transportation 
                        characteristics of the National Highway System.
                    ``(B) Cooperation.--
                            ``(i) In general.--In proposing a 
                        modification under this paragraph, a State 
                        shall cooperate with local and regional 
                        officials.
                            ``(ii) Urbanized areas.--In an urbanized 
                        area, the local officials shall act through the 
                        metropolitan planning organization designated 
                        for the area under section 134.
    ``(c) Interstate System.--
            ``(1) Description.--
                    ``(A) In general.--The Dwight D. Eisenhower 
                National System of Interstate and Defense Highways 
                within the United States (including the District of 
                Columbia and Puerto Rico) consists of highways 
                designed, located, and selected in accordance with this 
                paragraph.
                    ``(B) Design.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), highways on the Interstate System 
                        shall be designed in accordance with the 
                        standards of section 109(b).
                            ``(ii) Exception.--Highways on the 
                        Interstate System in Alaska and Puerto Rico 
                        shall be designed in accordance with such 
                        geometric and construction standards as are 
                        adequate for current and probable future 
                        traffic demands and the needs of the locality 
                        of the highway.
                    ``(C) Location.--Highways on the Interstate System 
                shall be located so as--
                            ``(i) to connect by routes, as direct as 
                        practicable, the principal metropolitan areas, 
                        cities, and industrial centers;
                            ``(ii) to serve the national defense; and
                            ``(iii) to the maximum extent practicable, 
                        to connect at suitable border points with 
                        routes of continental importance in Canada and 
                        Mexico.
                    ``(D) Selection of routes.--To the maximum extent 
                practicable, each route of the Interstate System shall 
                be selected by joint action of the State transportation 
                departments of the State in which the route is located 
                and the adjoining States, in cooperation with local and 
                regional officials, and subject to the approval of the 
                Secretary.
            ``(2) Maximum mileage.--The mileage of highways on the 
        Interstate System shall not exceed 43,000 miles, exclusive of 
        designations under paragraph (4).
            ``(3) Modifications.--The Secretary may approve or require 
        modifications to the Interstate System in a manner consistent 
        with the policies and procedures established under this 
        subsection.
            ``(4) Interstate system designations.--
                    ``(A) Additions.--If the Secretary determines that 
                a highway on the National Highway System meets all 
                standards of a highway on the Interstate System and 
                that the highway is a logical addition or connection to 
                the Interstate System, the Secretary may, upon the 
                affirmative recommendation of the State or States in 
                which the highway is located, designate the highway as 
                a route on the Interstate System.
                    ``(B) Designations as future interstate system 
                routes.--
                            ``(i) In general.--Subject to clauses (ii) 
                        through (vi), if the Secretary determines that 
                        a highway on the National Highway System would 
                        be a logical addition or connection to the 
                        Interstate System and would qualify for 
                        designation as a route on the Interstate System 
                        under subparagraph (A) if the highway met all 
                        standards of a highway on the Interstate 
                        System, the Secretary may, upon the affirmative 
                        recommendation of the State or States in which 
                        the highway is located, designate the highway 
                        as a future Interstate System route.
                            ``(ii) Written agreement.--A designation 
                        under clause (i) shall be made only upon the 
                        written agreement of each State described in 
                        that clause that the highway will be 
                        constructed to meet all standards of a highway 
                        on the Interstate System by not later than the 
                        date that is 25 years after the date of the 
                        agreement.
                            ``(iii) Failure to complete construction.--
                        If a State described in clause (i) has not 
                        substantially completed the construction of a 
                        highway designated under this subparagraph by 
                        the date specified in clause (ii), the 
                        Secretary shall remove the designation of the 
                        highway as a future Interstate System route.
                            ``(iv) Effect of removal.--Removal of the 
                        designation of a highway under clause (iii) 
                        shall not preclude the Secretary from 
                        designating the highway as a route on the 
                        Interstate System under subparagraph (A) or 
                        under any other provision of law providing for 
                        addition to the Interstate System.
                            ``(v) Retroactive effect.--An agreement 
                        described in clause (ii) that is entered into 
                        before August 10, 2005, shall be deemed to 
                        include the 25-year time limitation described 
                        in that clause, regardless of any earlier 
                        construction completion date in the agreement.
                            ``(vi) References.--No law, rule, 
                        regulation, map, document, or other record of 
                        the United States, or of any State or political 
                        subdivision of a State, shall refer to any 
                        highway designated as a future Interstate 
                        System route under this subparagraph, and no 
                        such highway shall be signed or marked, as a 
                        highway on the Interstate System, until such 
                        time as the highway--
                                    ``(I) is constructed to the 
                                geometric and construction standards 
                                for the Interstate System; and
                                    ``(II) has been designated as a 
                                route on the Interstate System.
                    ``(C) Financial responsibility.--Except as provided 
                in this title, the designation of a highway under this 
                paragraph shall create no additional Federal financial 
                responsibility with respect to the highway.
            ``(5) Exemption of interstate system.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Interstate System shall not be 
                considered to be a historic site under section 303 of 
                title 49 or section 138 of this title, regardless of 
                whether the Interstate System or portions or elements 
                of the Interstate System are listed on, or eligible for 
                listing on, the National Register of Historic Places.
                    ``(B) Individual elements.--Subject to subparagraph 
                (C)--
                            ``(i) the Secretary shall determine, 
                        through the administrative process established 
                        for exempting the Interstate System from 
                        section 106 of the National Historic 
                        Preservation Act (16 U.S.C. 470f), those 
                        individual elements of the Interstate System 
                        that possess national or exceptional historic 
                        significance (such as a historic bridge or a 
                        highly significant engineering feature); and
                            ``(ii) those elements shall be considered 
                        to be historic sites under section 303 of title 
                        49 or section 138 of this title, as applicable.
                    ``(C) Construction, maintenance, restoration, and 
                rehabilitation activities.--Subparagraph (B) does not 
                prohibit a State from carrying out construction, 
                maintenance, preservation, restoration, or 
                rehabilitation activities for a portion of the 
                Interstate System referred to in subparagraph (B) upon 
                compliance with section 303 of title 49 or section 138 
                of this title, as applicable, and section 106 of the 
                National Historic Preservation Act (16 U.S.C. 
                470f).''.''
    (b) Inclusion of Certain Route Segments on Interstate System.--
            (1) In general.--Section 1105(e)(5)(A) of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (105 Stat. 2031; 
        109 Stat. 597; 115 Stat. 872) is amended--
                    (A) in the first sentence, by striking ``and in 
                subsections (c)(18) and (c)(20)'' and inserting ``, in 
                subsections (c)(18) and (c)(20), and in subparagraphs 
                (A)(iii) and (B) of subsection (c)(26)''; and
                    (B) in the second sentence, by striking ``that the 
                segment'' and all that follows through the period and 
                inserting ``that the segment meets the Interstate 
                System design standards approved by the Secretary under 
                section 109(b) of title 23, United States Code, and is 
                planned to connect to an existing Interstate System 
                segment by the date that is 25 years after the date of 
                enactment of the MAP-21.''.
            (2) Route designation.--Section 1105(e)(5)(C)(i) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 (105 
        Stat. 2032; 109 Stat. 598) is amended by adding at the end the 
        following: ``The routes referred to subparagraphs (A)(iii) and 
        (B)(i) of subsection (c)(26) are designated as Interstate Route 
        I-11.''.
    (c) Conforming Amendments.--
            (1) Analysis.--The analysis for chapter 1 of title 23, 
        United States Code, is amended by striking the item relating to 
        section 103 and inserting the following:

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

SEC. 1105. APPORTIONMENT.

    (a)  In General.--Section 104 of title 23, United States Code, is 
amended to read as follows:
``Sec. 104. Apportionment
    ``(a) Administrative Expenses.--
            ``(1) In general.--There are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) to be made available to the Secretary for 
        administrative expenses of the Federal Highway Administration 
        $480,000,000 for each of fiscal years 2012 and 2013.
            ``(2) Purposes.--The amounts authorized to be appropriated 
        by this subsection shall be used--
                    ``(A) to administer the provisions of law to be 
                funded from appropriations for the Federal-aid highway 
                program and programs authorized under chapter 2;
                    ``(B) to make transfers of such sums as the 
                Secretary determines to be appropriate to the 
                Appalachian Regional Commission for administrative 
                activities associated with the Appalachian development 
                highway system; and
                    ``(C) to reimburse, as appropriate, the Office of 
                Inspector General of the Department of Transportation 
                for the conduct of annual audits of financial 
                statements in accordance with section 3521 of title 31.
            ``(3) Availability.--The amounts made available under 
        paragraph (1) shall remain available until expended.
    ``(b) Division of State Apportionments Among Programs.--The 
Secretary shall distribute the amount apportioned to a State for a 
fiscal year under subsection (c) among the national highway performance 
program, the transportation mobility program, the highway safety 
improvement program, the congestion mitigation and air quality 
improvement program, and the national freight program, and to carry out 
section 134 as follows:
            ``(1) National highway performance program.--For the 
        national highway performance program, 58 percent of the amount 
        remaining after distributing amounts under paragraphs (4) and 
        (6).
            ``(2) Transportation mobility program.--For the 
        transportation mobility program, 29.3 percent of the amount 
        remaining after distributing amounts under paragraphs (4) and 
        (6).
            ``(3) Highway safety improvement program.--For the highway 
        safety improvement program, 7 percent of the amount remaining 
        after distributing amounts under paragraphs (4) and (6).
            ``(4) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program, an amount determined by multiplying the 
        amount determined for the State under subsection (c) by the 
        proportion that--
                    ``(A) the amount apportioned to the State for the 
                congestion mitigation and air quality improvement 
                program for fiscal year 2009, plus 10 percent of the 
                amount apportioned to the State for the surface 
                transportation program for that fiscal year; bears to
                    ``(B) the total amount of funds apportioned to the 
                State for that fiscal year for the programs referred to 
                in section 105(a)(2) (except for the high priority 
                projects program referred to in section 105(a)(2)(H)), 
                as in effect on the day before the date of enactment of 
                the MAP-21.
            ``(5) National freight program.--For the national freight 
        program, 5.7 percent of the amount remaining after distributing 
        amounts under paragraphs (4) and (6).
            ``(6) Metropolitan planning.--To carry out section 134, an 
        amount determined by multiplying the amount determined for the 
        State under subsection (c) by the proportion that--
                    ``(A) the amount apportioned to the State to carry 
                out section 134 for fiscal year 2009; bears to
                    ``(B) the total amount of funds apportioned to the 
                State for that fiscal year for the programs referred to 
                in section 105(a)(2) (except for the high priority 
                projects program referred to in section 105(a)(2)(H)), 
                as in effect on the day before the date of enactment of 
                the MAP-21.
    ``(c) Calculation of State Amounts.--
            ``(1) State share.--The amount for each State of combined 
        apportionments for the national highway performance program 
        under section 119, the transportation mobility program under 
        section 133, the highway safety improvement program under 
        section 148, the congestion mitigation and air quality 
        improvement program under section 149, the national freight 
        program under section 167, and to carry out section 134 shall 
        be determined as follows:
                    ``(A) Initial amount.--The initial amount for each 
                State shall be determined by multiplying the total 
                amount available for apportionment by the share for 
                each State which shall be equal to the proportion 
                that--
                            ``(i) the amount of apportionments and 
                        allocations that the State received for fiscal 
                        years 2005 through 2009; bears to
                            ``(ii) the amount of those apportionments 
                        and allocations received by all States for 
                        those fiscal years.
                    ``(B) Adjustments to amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that, for each State, the 
                amount of combined apportionments for the programs 
                shall not be less than 95 percent of the estimated tax 
                payments attributable to highway users in the State 
                paid into the Highway Trust Fund (other than the Mass 
                Transit Account) in the most recent fiscal year for 
                which data are available.
                    ``(C) Further adjustment for privatized highways.--
                            ``(i) Definition of privatized highway.--In 
                        this subparagraph:
                                    ``(I) In general.--The term 
                                `privatized highway' means a highway 
                                that was formerly a publically operated 
                                toll road that is subject to an 
                                agreement giving a private entity--
                                            ``(aa) control over the 
                                        operation of the highway; and
                                            ``(bb) ownership over the 
                                        toll revenues collected from 
                                        the operation of the highway.
                                    ``(II) Exclusion.--The term 
                                `privatized highway' does not include 
                                any highway or toll road that was 
                                originally--
                                            ``(aa) financed and 
                                        constructed using private 
                                        funds; and
                                            ``(bb) operated by a 
                                        private entity.
                            ``(ii) Adjustment.--After making the 
                        adjustments to the apportionment of a State 
                        under subparagraphs (A) and (B), the Secretary 
                        shall further adjust the amount to be 
                        apportioned to the State by reducing the 
                        apportionment by an amount equal to the product 
                        obtained by multiplying--
                                    ``(I) the amount to be apportioned 
                                to the State, as so adjusted under 
                                those subparagraphs; and
                                    ``(II) the percentage described in 
                                clause (iii).
                            ``(iii) Percentage.--The percentage 
                        referred to in clause (ii) is the percentage 
                        equal to the sum obtained by adding--
                                    ``(I) the product obtained by 
                                multiplying--
                                            ``(aa) \1/2\; and
                                            ``(bb) the proportion 
                                        that--

                                                    ``(AA) the total 
                                                number of lane miles on 
                                                privatized highway 
                                                lanes on National 
                                                Highway System routes 
                                                in a State; bears to

                                                    ``(BB) the total 
                                                number of all lane 
                                                miles on National 
                                                Highway System routes 
                                                in the State; and

                                    ``(II) the product obtained by 
                                multiplying--
                                            ``(aa) \1/2\; and
                                            ``(bb) the proportion 
                                        that--

                                                    ``(AA) the total 
                                                number of vehicle miles 
                                                traveled on privatized 
                                                highway lanes on 
                                                National Highway System 
                                                routes in the State; 
                                                bears to

                                                    ``(BB) the total 
                                                number of vehicle miles 
                                                traveled on all lanes 
                                                on National Highway 
                                                System routes in the 
                                                State.

                            ``(iv) Reapportionment.--An amount withheld 
                        from apportionment to a State under clause (ii) 
                        shall be reapportioned among all other States 
                        based on the proportions calculated under 
                        subparagraph (A).
            ``(2) State apportionment.--On October 1 of each fiscal 
        year, the Secretary shall apportion the sum authorized to be 
        appropriated for expenditure on the national highway 
        performance program under section 119, the transportation 
        mobility program under section 133, the highway safety 
        improvement program under section 148, the congestion 
        mitigation and air quality improvement program under section 
        149, the national freight program under section 167, and to 
        carry out section 134 in accordance with paragraph (1).
    ``(d) Metropolitan Planning.--
            ``(1) Use of amounts.--
                    ``(A) Use.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the amounts apportioned to a State 
                        under subsection (b)(6) shall be made available 
                        by the State to the metropolitan planning 
                        organizations responsible for carrying out 
                        section 134 in the State.
                            ``(ii) States receiving minimum 
                        apportionment.--A State that received the 
                        minimum apportionment for use in carrying out 
                        section 134 for fiscal year 2009 may, subject 
                        to the approval of the Secretary, use the funds 
                        apportioned under subsection (b)(6) to fund 
                        transportation planning outside of urbanized 
                        areas.
                    ``(B) Unused funds.--Any funds that are not used to 
                carry out section 134 may be made available by a 
                metropolitan planning organization to the State to fund 
                activities under section 135.
            ``(2) Distribution of amounts within states.--
                    ``(A) In general.--The distribution within any 
                State of the planning funds made available to 
                organizations under paragraph (1) shall be in 
                accordance with a formula that--
                            ``(i) is developed by each State and 
                        approved by the Secretary; and
                            ``(ii) takes into consideration, at a 
                        minimum, population, status of planning, 
                        attainment of air quality standards, 
                        metropolitan area transportation needs, and 
                        other factors necessary to provide for an 
                        appropriate distribution of funds to carry out 
                        section 134 and other applicable requirements 
                        of Federal law.
                    ``(B) Reimbursement.--Not later than 15 business 
                days after the date of receipt by a State of a request 
                for reimbursement of expenditures made by a 
                metropolitan planning organization for carrying out 
                section 134, the State shall reimburse, from amounts 
                distributed under this paragraph to the metropolitan 
                planning organization by the State, the metropolitan 
                planning organization for those expenditures.
            ``(3) Determination of population figures.--For the purpose 
        of determining population figures under this subsection, the 
        Secretary shall use the latest available data from the 
        decennial census conducted under section 141(a) of title 13, 
        United States Code.
    ``(e) Certification of Apportionments.--
            ``(1) In general.--The Secretary shall--
                    ``(A) on October 1 of each fiscal year, certify to 
                each of the State transportation departments the amount 
                that has been apportioned to the State under this 
                section for the fiscal year; and
                    ``(B) to permit the States to develop adequate 
                plans for the use of amounts apportioned under this 
                section, advise each State of the amount that will be 
                apportioned to the State under this section for a 
                fiscal year not later than 90 days before the beginning 
                of the fiscal year for which the sums to be apportioned 
                are authorized.
            ``(2) Notice to states.--If the Secretary has not made an 
        apportionment under this section for a fiscal year beginning 
        after September 30, 1998, by not later than the date that is 
        the twenty-first day of that fiscal year, the Secretary shall 
        submit, by not later than that date, to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate, a written statement of the reason for not 
        making the apportionment in a timely manner.
            ``(3) Apportionment calculations.--
                    ``(A) In general.--The calculation of official 
                apportionments of funds to the States under this title 
                is a primary responsibility of the Department and shall 
                be carried out only by employees (and not contractors) 
                of the Department.
                    ``(B) Prohibition on use of funds to hire 
                contractors.--None of the funds made available under 
                this title shall be used to hire contractors to 
                calculate the apportionments of funds to States.
    ``(f) Transfer of Highway and Transit Funds.--
            ``(1) Transfer of highway funds for transit projects.--
                    ``(A) In general.--Subject to subparagraph (B), 
                amounts made available for transit projects or 
                transportation planning under this title may be 
                transferred to and administered by the Secretary in 
                accordance with chapter 53 of title 49.
                    ``(B) Non-federal share.--The provisions of this 
                title relating to the non-Federal share shall apply to 
                the amounts transferred under subparagraph (A).
            ``(2) Transfer of transit funds for highway projects.--
                    ``(A) In general.--Subject to subparagraph (B), 
                amounts made available for highway projects or 
                transportation planning under chapter 53 of title 49 
                may be transferred to and administered by the Secretary 
                in accordance with this title.
                    ``(B) Non-federal share.--The provisions of chapter 
                53 of title 49 relating to the non-Federal share shall 
                apply to amounts transferred under subparagraph (A).
            ``(3) Transfer of funds among states or to federal highway 
        administration.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary may, at the request of a State, transfer 
                amounts apportioned or allocated under this title to 
                the State to another State, or to the Federal Highway 
                Administration, for the purpose of funding 1 or more 
                projects that are eligible for assistance with amounts 
                so apportioned or allocated.
                    ``(B) Apportionment.--The transfer shall have no 
                effect on any apportionment of amounts to a State under 
                this section.
                    ``(C) Funds suballocated to urbanized areas.--
                Amounts that are apportioned or allocated to a State 
                under subsection (b)(3) (as in effect on the day before 
                the date of enactment of the MAP-21) or subsection 
                (b)(2) and attributed to an urbanized area of a State 
                with a population of more than 200,000 individuals 
                under section 133(d) may be transferred under this 
                paragraph only if the metropolitan planning 
                organization designated for the area concurs, in 
                writing, with the transfer request.
            ``(4) Transfer of obligation authority.--Obligation 
        authority for amounts transferred under this subsection shall 
        be transferred in the same manner and amount as the amounts for 
        the projects that are transferred under this section.''
    ``(g) Report to Congress.--For each fiscal year, the Secretary 
shall make available to the public, in a user-friendly format via the 
Internet, a report that describes--
            ``(1) the amount obligated, by each State, for Federal-aid 
        highways and highway safety construction programs during the 
        preceding fiscal year;
            ``(2) the balance, as of the last day of the preceding 
        fiscal year, of the unobligated apportionment of each State by 
        fiscal year under this section;
            ``(3) the balance of unobligated sums available for 
        expenditure at the discretion of the Secretary for such 
        highways and programs for the fiscal year; and
            ``(4) the rates of obligation of funds apportioned or set 
        aside under this section, according to--
                    ``(A) program;
                    ``(B) funding category of subcategory;
                    ``(C) type of improvement;
                    ``(D) State; and
                    ``(E) sub-State geographical area, including 
                urbanized and rural areas, on the basis of the 
                population of each such area.''.
    (b) Conforming Amendment.--Section 146(a) of title 23, United 
States Code, is amended by striking ``sections 104(b)(l) and 
104(b)(3)'' and inserting ``section 104(b)(2)''.

SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    (a) In General.--Section 119 of title 23, United States Code, is 
amended to read as follows:
``Sec. 119. National highway performance program
    ``(a) Establishment.--The Secretary shall establish and implement a 
national highway performance program under this section.
    ``(b) Purposes.--The purposes of the national highway performance 
program shall be--
            ``(1) to provide support for the condition and performance 
        of the National Highway System; and
            ``(2) to ensure that investments of Federal-aid funds in 
        highway construction are directed to support progress toward 
        the achievement of performance targets for infrastructure 
        condition and performance.
    ``(c) Eligible Facilities.--Except as provided in subsection (d), 
to be eligible for funding apportioned under section 104(b)(1) to carry 
out this section, a facility shall be located on the National Highway 
System, as defined in section 103.
    ``(d) Eligible Projects.--Funds apportioned to a State to carry out 
the national highway performance program may be obligated only for a 
project on an eligible facility that is--
            ``(1) a project, or is part of a program of projects, 
        supporting progress toward the achievement of national 
        performance goals for improving infrastructure condition, 
        safety, mobility, or freight movement on the National Highway 
        System and consistent with sections 134 and 135; and
            ``(2) for 1 or more of the following purposes:
                    ``(A) Construction, reconstruction, resurfacing, 
                restoration, rehabilitation, preservation, or 
                operational improvement of segments of the National 
                Highway System.
                    ``(B) Construction, replacement (including 
                replacement with fill material), rehabilitation, 
                preservation, and protection (including scour 
                countermeasures, seismic retrofits, impact protection 
                measures, security countermeasures, and protection 
                against extreme events) of bridges on the National 
                Highway System.
                    ``(C) Construction, replacement (including 
                replacement with fill material), rehabilitation, 
                preservation, and protection (including impact 
                protection measures, security countermeasures, and 
                protection against extreme events) of tunnels on the 
                National Highway System.
                    ``(D) Inspection and evaluation, as described in 
                section 144, of bridges and tunnels on the National 
                Highway System, and inspection and evaluation of other 
                highway infrastructure assets on the National Highway 
                System, including signs and sign structures, earth 
                retaining walls, and drainage structures.
                    ``(E) Training of bridge and tunnel inspectors, as 
                described in section 144.
                    ``(F) Construction, rehabilitation, or replacement 
                of existing ferry boats and ferry boat facilities, 
                including approaches, that connect road segments of the 
                National Highway System.
                    ``(G) Construction, reconstruction, resurfacing, 
                restoration, rehabilitation, and preservation of, and 
                operational improvements for, a Federal-aid highway not 
                on the National Highway System, and construction of a 
                transit project eligible for assistance under chapter 
                53 of title 49, if--
                            ``(i) the highway project or transit 
                        project is in the same corridor as, and in 
                        proximity to, a fully access-controlled highway 
                        designated as a part of the National Highway 
                        System;
                            ``(ii) the construction or improvements 
                        will reduce delays or produce travel time 
                        savings on the fully access-controlled highway 
                        described in clause (i) and improve regional 
                        traffic flow; and
                            ``(iii) the construction or improvements 
                        are more cost-effective, as determined by 
                        benefit-cost analysis, than an improvement to 
                        the fully access-controlled highway described 
                        in clause (i).
                    ``(H) Bicycle transportation and pedestrian 
                walkways in accordance with section 217.
                    ``(I) Highway safety improvements for segments of 
                the National Highway System.
                    ``(J) Capital and operating costs for traffic and 
                traveler information monitoring, management, and 
                control facilities and programs.
                    ``(K) Development and implementation of a State 
                asset management plan for the National Highway System 
                in accordance with this section, including data 
                collection, maintenance, and integration and the cost 
                associated with obtaining, updating, and licensing 
                software and equipment required for risk-based asset 
                management and performance-based management.
                    ``(L) Infrastructure-based intelligent 
                transportation systems capital improvements.
                    ``(M) Environmental restoration and pollution 
                abatement in accordance with section 328.
                    ``(N) Control of noxious weeds and aquatic noxious 
                weeds and establishment of native species in accordance 
                with section 329.
                    ``(O) In accordance with all applicable Federal law 
                (including regulations), participation in natural 
                habitat and wetlands mitigation efforts relating to 
                projects funded under this title, which may include 
                participation in natural habitat and wetlands 
                mitigation banks, contributions to statewide and 
                regional efforts to conserve, restore, enhance, and 
                create natural habitats and wetlands, and development 
                of statewide and regional natural habitat and wetlands 
                conservation and mitigation plans, including any such 
                banks, efforts, and plans developed in accordance with 
                applicable Federal law (including regulations), on the 
                conditions that--
                            ``(i) contributions to those mitigation 
                        efforts may--
                                    ``(I) take place concurrent with or 
                                in advance of project construction; and
                                    ``(II) occur in advance of project 
                                construction only if the efforts are 
                                consistent with all applicable 
                                requirements of Federal law (including 
                                regulations) and State transportation 
                                planning processes; and
                            ``(ii) with respect to participation in a 
                        natural habitat or wetland mitigation effort 
                        relating to a project funded under this title 
                        that has an impact that occurs within the 
                        service area of a mitigation bank, preference 
                        is given, to the maximum extent practicable, to 
                        the use of the mitigation bank if the bank 
                        contains sufficient available credits to offset 
                        the impact and the bank is approved in 
                        accordance with applicable Federal law 
                        (including regulations).
                    ``(P) Replacement (including replacement with fill 
                material), rehabilitation, preservation, and protection 
                (including scour countermeasures, seismic retrofits, 
                impact protection measures, security countermeasures, 
                and protection against extreme events) of bridges on 
                Federal-aid highways (other than on the National 
                Highway System).
    ``(e) Limitation on New Capacity.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        maximum amount that a State may obligate under this section for 
        projects under subparagraphs (G) and (P) of subsection (d)(2) 
        and that is attributable to the portion of the cost of any 
        project undertaken to expand the capacity of eligible 
        facilities on the National Highway System, in a case in which 
        the new capacity consists of 1 or more new travel lanes that 
        are not high-occupancy vehicle lanes, shall not, in total, 
        exceed 40 percent of the combined apportionments of a State 
        under section 104(b)(1) for the most recent 3 consecutive 
        years.
            ``(2) Exception.--Paragraph (1) shall not apply to a 
        project for the construction of auxiliary lanes and turning 
        lanes or widening of a bridge during rehabilitation or 
        replacement to meet current geometric, construction, and 
        structural standards for the types and volumes of projected 
        traffic over the design life of the project.
    ``(f) State Performance Management.--
            ``(1) In general.--A State shall develop a risk-based asset 
        management plan for the National Highway System to improve or 
        preserve asset condition and system performance.
            ``(2) Performance driven plan.--A State asset management 
        plan shall include strategies leading to a program of projects 
        that would make progress toward achievement of the State 
        targets for asset condition and performance of the National 
        Highway System in accordance with paragraph (5) and supporting 
        the progress toward the achievement of the national goals 
        identified in section 150.
            ``(3) Plan contents.--A State asset management plan shall, 
        at a minimum, be in a form that the Secretary determines to be 
        appropriate and include--
                    ``(A) a summary listing of the pavement and bridge 
                assets on the National Highway System in the State, 
                including a description of the condition of those 
                assets;
                    ``(B) asset management objectives and measures;
                    ``(C) performance gap identification;
                    ``(D) lifecycle cost and risk management analysis;
                    ``(E) a financial plan; and
                    ``(F) investment strategies.
            ``(4) Standards and measures.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 18 months after the date of enactment of the 
                MAP-21, the Secretary shall, in consultation with State 
                departments of transportation and other stakeholders, 
                establish--
                            ``(i) minimum standards for States to use 
                        in developing and operating pavement management 
                        systems and bridge management systems;
                            ``(ii) measures for States to use to 
                        assess--
                                    ``(I) the condition of pavements on 
                                the Interstate system;
                                    ``(II) the condition of pavements 
                                on the National Highway System 
                                (excluding the Interstate);
                                    ``(III) the condition of bridges on 
                                the National Highway System;
                                    ``(IV) the performance of the 
                                Interstate System; and
                                    ``(V) the performance of the 
                                National Highway System (excluding the 
                                Interstate System);
                            ``(iii) the data elements that are 
                        necessary to collect and maintain data, and a 
                        standardized process for collection and sharing 
                        of data with appropriate governmental entities 
                        at the Federal, State, and local levels 
                        (including metropolitan planning 
                        organizations), to carry out paragraph (5); and
                            ``(iv) minimum levels for--
                                    ``(I) the condition of pavement on 
                                the Interstate System; and
                                    ``(II) the condition of bridges on 
                                the National Highway System.
                    ``(B) State participation.--In carrying out 
                subparagraph (A), the Secretary shall--
                            ``(i) provide States not less than 90 days 
                        to comment on any regulation proposed by the 
                        Secretary under that subparagraph; and
                            ``(ii) take into consideration any comments 
                        of the States relating to a proposed regulation 
                        received during that comment period.
            ``(5) State performance targets.--
                    ``(A) Establishment of targets.--Not later than 1 
                year after the date on which the Secretary promulgates 
                final regulations under paragraph (4), each State, in 
                consultation with metropolitan planning organizations, 
                shall establish targets that address each of the 
                performance measures identified in paragraph 
                (4)(A)(ii).
                    ``(B) Periodic updates.--Each State shall 
                periodically update the targets established under 
                subparagraph (A).
            ``(6) Requirement for plan.--To obligate funding 
        apportioned under section 104(b)(1), each State shall have in 
        effect--
                    ``(A) a risk-based asset management plan for the 
                National Highway System in accordance with this 
                section, developed through a process defined and 
                approved by the Secretary; and
                    ``(B) State targets that address the performance 
                measures identified in paragraph (4)(B).
            ``(7) Certification of plan development process.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which a State submits a request for approval of 
                the process used by the State to develop the State 
                asset management plan for the National Highway System, 
                the Secretary shall--
                            ``(i) review the process; and
                            ``(ii)(I) certify that the process meets 
                        the requirements established by the Secretary; 
                        or
                            ``(II) deny certification and specify 
                        actions necessary for the State to take to 
                        correct deficiencies in the State process.
                    ``(B) Recertification.--Not less often than every 4 
                years, the Secretary shall review and recertify that 
                the process used by a State to develop and maintain the 
                State asset management plan for the National Highway 
                System meets the requirements for the process, as 
                established by the Secretary.
                    ``(C) Opportunity to cure.--If the Secretary denies 
                certification under subparagraph (A), the Secretary 
                shall provide the State with--
                            ``(i) not less than 90 days to cure the 
                        deficiencies of the plan, during which time 
                        period all penalties and other legal impacts of 
                        a denial of certification shall be stayed; and
                            ``(ii) a written statement of the specific 
                        actions the Secretary determines to be 
                        necessary for the State to cure the plan.
            ``(8) Performance reports.--
                    ``(A) In general.--Not later than 4 years after the 
                date of enactment of the MAP-21 and biennially 
                thereafter, a State shall submit to the Secretary a 
                report that describes--
                            ``(i) the condition and performance of the 
                        National Highway System in the State;
                            ``(ii) progress in achieving State targets 
                        for each of the performance measures for the 
                        National Highway System; and
                            ``(iii) the effectiveness of the investment 
                        strategy documented in the State asset 
                        management plan for the National Highway 
                        System.
                    ``(B) Failure to achieve targets.--A State that 
                does not achieve or make significant progress toward 
                achieving the targets of the State for performance 
                measures described in subparagraph (A)(ii) for 2 
                consecutive reports submitted under this paragraph 
                shall include in the next report submitted a 
                description of the actions the State will undertake to 
                achieve the targets.
            ``(9) Process.--Not later than 18 months after the date of 
        enactment of the MAP-21, the Secretary shall, by regulation and 
        in consultation with State departments of transportation, 
        establish the process to develop the State asset management 
        plan described in paragraph (1) and establish the standards and 
        measures described in paragraph (4).
    ``(g) Interstate System and NHS Bridge Conditions.--
            ``(1) Condition of interstate system.--
                    ``(A) Penalty.--If, during 2 consecutive reporting 
                periods, the condition of the Interstate System, 
                excluding bridges on the Interstate System, in a State 
                falls below the minimum condition level established by 
                the Secretary under subsection (f)(4)(A)(iv), the State 
                shall be required, during the following fiscal year--
                            ``(i) to obligate, from the amounts 
                        apportioned to the State under section 
                        104(b)(1), an amount that is not less than the 
                        amount of funds apportioned to the State for 
                        fiscal year 2009 under the Interstate 
                        maintenance program for the purposes described 
                        in this section (as in effect on the day before 
                        the date of enactment of the MAP-21), except 
                        that for each year after fiscal year 2013, the 
                        amount required to be obligated under this 
                        clause shall be increased by 2 percent over the 
                        amount required to be obligated in the previous 
                        fiscal year; and
                            ``(ii) to transfer, from the amounts 
                        apportioned to the State under section 
                        104(b)(2) (other than amounts suballocated to 
                        metropolitan areas and other areas of the State 
                        under section 133(d)) to the apportionment of 
                        the State under section 104(b)(1), an amount 
                        equal to 10 percent of the amount of funds 
                        apportioned to the State for fiscal year 2009 
                        under the Interstate maintenance program for 
                        the purposes described in this section (as in 
                        effect on the day before the date of enactment 
                        of the MAP-21).
                    ``(B) Restoration.--The obligation requirement for 
                the Interstate System in a State required by 
                subparagraph (A) for a fiscal year shall remain in 
                effect for each subsequent fiscal year until such time 
                as the condition of the Interstate System in the State 
                exceeds the minimum condition level established by the 
                Secretary under subsection (f)(4)(A)(iv).
            ``(2) Condition of nhs bridges.--
                    ``(A) Penalty.--If, during 2 consecutive reporting 
                periods, the condition of bridges on the National 
                Highway System in a State falls below the minimum 
                condition level established by the Secretary under 
                subsection (f)(4)(A)(iv), the State shall be required, 
                during the following fiscal year--
                            ``(i) to obligate, from the amounts 
                        apportioned to the State under section 
                        104(b)(1), an amount for bridges on the 
                        National Highway System that is not less than 
                        50 percent of the amount of funds apportioned 
                        to the State for fiscal year 2009 under the 
                        highway bridge program for the purposes 
                        described in section 144 (as in effect on the 
                        day before the date of enactment of the MAP-
                        21), except that for each year after fiscal 
                        year 2013, the amount required to be obligated 
                        under this clause shall be increased by 2 
                        percent over the amount required to be 
                        obligated in the previous fiscal year; and
                            ``(ii) to transfer, from the amounts 
                        apportioned to the State under section 
                        104(b)(2) (other than amounts suballocated to 
                        metropolitan areas and other areas of the State 
                        under section 133(d)) to the apportionment of 
                        the State under section 104(b)(1), an amount 
                        equal to 10 percent of the amount of funds 
                        apportioned to the State for fiscal year 2009 
                        under the highway bridge program for the 
                        purposes described in section 144 (as in effect 
                        on the day before the date of enactment of the 
                        MAP-21).
                    ``(B) Restoration.--The obligation requirement for 
                bridges on the National Highway System in a State 
                required by subparagraph (A) for a fiscal year shall 
                remain in effect for each subsequent fiscal year until 
                such time as the condition of bridges on the National 
                Highway System in the State exceeds the minimum 
                condition level established by the Secretary under 
                subsection (f)(4)(A)(iv).''.
    (b) Transition Period.--
            (1) In general.--Except as provided in paragraph (2), until 
        such date as a State has in effect an approved asset management 
        plan and has established performance targets as described in 
        section 119 of title 23, United States Code, that will 
        contribute to achieving the national goals for the condition 
        and performance of the National Highway System, but not later 
        than 18 months after the date on which the Secretary 
        promulgates final regulations required under section 119(f)(4) 
        of that title, the Secretary shall approve obligations of funds 
        apportioned to a State to carry out the national highway 
        performance program under section 119 of that title, for 
        projects that otherwise meet the requirements of that section.
            (2) Extension.--The Secretary may extend the transition 
        period for a State under paragraph (1) if the Secretary 
        determines that the State has made a good faith effort to 
        establish an asset management plan and performance targets 
        referred to in that paragraph.
    (c) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
119 and inserting the following:

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

SEC. 1107. EMERGENCY RELIEF.

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

SEC. 1108. TRANSPORTATION MOBILITY PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended to read as follows:
``Sec. 133. Transportation mobility program
    ``(a) Establishment.--The Secretary shall establish and implement a 
transportation mobility program under this section.
    ``(b) Purpose.--The purpose of the transportation mobility program 
shall be to assist States and localities in improving the conditions 
and performance on Federal-aid highways and on bridges on any public 
road.
    ``(c) Eligible Projects.--Funds apportioned under section 104(b)(2) 
to carry out the transportation mobility program may be obligated for 
any of following purposes:
            ``(1) Construction, reconstruction, rehabilitation, 
        resurfacing, restoration, preservation, or operational 
        improvements for highways, including construction of designated 
        routes of the Appalachian development highway system and local 
        access roads under section 14501 of title 40, United States 
        Code.
            ``(2) Replacement (including replacement with fill 
        material), rehabilitation, preservation, protection (including 
        painting, scour countermeasures, seismic retrofits, impact 
        protection measures, security countermeasures, and protection 
        against extreme events) and application of calcium magnesium 
        acetate, sodium acetate/formate, or other environmentally 
        acceptable, minimally corrosive anti-icing and deicing 
        compositions for bridges (and approaches to bridges and other 
        elevated structures) and tunnels on public roads of all 
        functional classifications, including any such construction or 
        reconstruction necessary to accommodate other transportation 
        modes.
            ``(3) Construction of a new bridge or tunnel on a new 
        location on a highway, including any such construction 
        necessary to accommodate other transportation modes.
            ``(4) Inspection and evaluation (within the meaning of 
        section 144) of bridges and tunnels on public roads of all 
        functional classifications and inspection and evaluation of 
        other highway infrastructure assets, including signs and sign 
        structures, retaining walls, and drainage structures.
            ``(5) Training of bridge and tunnel inspectors (within the 
        meaning of section 144).
            ``(6) Capital costs for transit projects eligible for 
        assistance under chapter 53 of title 49, including vehicles and 
        facilities, whether publicly or privately owned, that are used 
        to provide intercity passenger service by bus.
            ``(7) Carpool projects, fringe and corridor parking 
        facilities and programs, including electric vehicle 
        infrastructure in accordance with section 137, bicycle 
        transportation and pedestrian walkways in accordance with 
        section 217, and the modification of public sidewalks to comply 
        with the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            ``(8) Highway and transit safety infrastructure 
        improvements and programs, installation of safety barriers and 
        nets on bridges, hazard eliminations, projects to mitigate 
        hazards caused by wildlife, and railway-highway grade 
        crossings.
            ``(9) Highway and transit research and development and 
        technology transfer programs.
            ``(10) Capital and operating costs for traffic and traveler 
        information monitoring, management, and control facilities and 
        programs, including truck stop electrification systems.
            ``(11) Projects and strategies designed to support 
        congestion pricing, including electronic toll collection and 
        travel demand management strategies and programs.
            ``(12) Surface transportation planning.
            ``(13) Transportation enhancement activities.
            ``(14) Recreational trails projects eligible for funding 
        under section 206.
            ``(15) Construction of ferry boats and ferry terminal 
        facilities eligible for funding under section 129(c).
            ``(16) Border infrastructure projects eligible for funding 
        under section 1303 of the SAFETEA-LU (Public Law 109-59).
            ``(17) Projects, programs, and technical assistance 
        associated with National Scenic Byways, All-American Roads, and 
        America's Byways eligible for funding under section 162.
            ``(18) Truck parking facilities eligible for funding under 
        section 1401 of the MAP-21.
            ``(19) Safe routes to school projects eligible for funding 
        under section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 
        Public Law 109-59).
            ``(20) Transportation control measures described in section 
        108(f)(1)(A) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)), 
        other than section 108(f)(1)(A)(xvi) of that Act.
            ``(21) Development and implementation of a State asset 
        management plan for the National Highway System in accordance 
        with section 119, including data collection, maintenance, and 
        integration and the costs associated with obtaining, updating, 
        and licensing software and equipment required for risk-based 
        asset management and performance-based management, and for 
        similar activities relating to the development and 
        implementation of a performance-based management program for 
        other public roads.
            ``(22) In accordance with all applicable Federal law 
        (including regulations), participation in natural habitat and 
        wetlands mitigation efforts relating to projects funded under 
        this title, which may include participation in natural habitat 
        and wetlands mitigation banks, contributions to statewide and 
        regional efforts to conserve, restore, enhance, and create 
        natural habitats and wetlands, and development of statewide and 
        regional natural habitat and wetlands conservation and 
        mitigation plans, including any such banks, efforts, and plans 
        developed in accordance with applicable Federal law (including 
        regulations), on the conditions that--
                    ``(A) contributions to those mitigation efforts 
                may--
                            ``(i) take place concurrent with or in 
                        advance of project construction; and
                            ``(ii) occur in advance of project 
                        construction only if the efforts are consistent 
                        with all applicable requirements of Federal law 
                        (including regulations) and State 
                        transportation planning processes; and
                    ``(B) with respect to participation in a natural 
                habitat or wetland mitigation effort relating to a 
                project funded under this title that has an impact that 
                occurs within the service area of a mitigation bank, 
                preference is given, to the maximum extent practicable, 
                to the use of the mitigation bank if the bank contains 
                sufficient available credits to offset the impact and 
                the bank is approved in accordance with applicable 
                Federal law (including regulations).
            ``(23) Infrastructure-based intelligent transportation 
        systems capital improvements.
            ``(24) Environmental restoration and pollution abatement in 
        accordance with section 328.
            ``(25) Control of noxious weeds and aquatic noxious weeds 
        and establishment of native species in accordance with section 
        329.
            ``(26) Improvements to a freight railroad, marine highway, 
        or intermodal facility, but only to the extent that the 
        Secretary concurs with the State that--
                    ``(A) the project will make significant improvement 
                to freight movements on the national freight network;
                    ``(B) the public benefit of the project exceeds the 
                Federal investment; and
                    ``(C) the project provides a better return than a 
                highway project on a segment of the primary freight 
                network, except that a State may not obligate in excess 
                of 5 percent of funds apportioned to the State under 
                section 104(b)(2) to carry out this section for that 
                purpose.
            ``(27) Maintenance of and improvements to all public roads, 
        including non-State-owned public roads and roads on tribal 
        land--
                    ``(A) that are located within 10 miles of the 
                international border between the United States and 
                Canada or Mexico; and
                    ``(B) on which federally owned vehicles comprise 
                more than 50 percent of the traffic.
            ``(28) Construction, reconstruction, resurfacing, 
        restoration, rehabilitation, and preservation of, and 
        operational improvements for, any public road if--
                    ``(A) the public road, and the highway project to 
                be carried out with respect to the public road, are in 
                the same corridor as, and in proximity to--
                            ``(i) a fully access-controlled highway 
                        designated as a part of the National Highway 
                        System; or
                            ``(ii) in areas with a population of less 
                        than 200,000, a federal-aid highway designated 
                        as part of the National Highway System;
                    ``(B) the construction or improvements will enhance 
                the level of service on the highway described in 
                subparagraph (A) and improve regional traffic flow; and
                    ``(C) the construction or improvements are more 
                cost-effective, as determined by benefit-cost analysis, 
                than an improvement to the highway described in 
                subparagraph (A).
    ``(d) Allocations of Apportioned Funds to Areas Based on 
Population.--
            ``(1) Calculation.--Of the funds apportioned to a State 
        under section 104(b)(2)--
                    ``(A) 50 percent for a fiscal year shall be 
                obligated under this section, in proportion to their 
                relative shares of the population of the State--
                            ``(i) in urbanized areas of the State with 
                        an urbanized area population of over 200,000;
                            ``(ii) in areas of the State other than 
                        urban areas with a population greater than 
                        5,000; and
                            ``(iii) in other areas of the State; and
                    ``(B) 50 percent may be obligated in any area of 
                the State.
            ``(2) Metropolitan areas.--Funds attributed to an urbanized 
        area under subparagraph (A)(i) may be obligated in the 
        metropolitan area established under section 134 that 
        encompasses the urbanized area.
            ``(3) Distribution among urbanized areas of over 200,000 
        population.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the amount of funds that a State is 
                required to obligate under paragraph (1)(A)(i) shall be 
                obligated in urbanized areas described in paragraph 
                (1)(A)(i) based on the relative population of the 
                areas.
                    ``(B) Other factors.--The State may obligate the 
                funds described in subparagraph (A) based on other 
                factors if the State and the relevant metropolitan 
                planning organizations jointly apply to the Secretary 
                for the permission to base the obligation on other 
                factors and the Secretary grants the request.
    ``(e) Location of Projects.--Except as provided in subsection (g) 
and for projects described in paragraphs (2), (4), (7), (8), (13), 
(14), and (19) of subsection (c), for local access roads under section 
14501 of title 40, United States Code, transportation mobility program 
projects may not be undertaken on roads functionally classified as 
local or rural minor collectors.
    ``(f) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with sections 134 and 135.
    ``(g) Bridges Not on Federal-aid Highways.--
            ``(1) Definition of off-system bridge.--The term `off-
        system bridge' means a highway bridge located on a public road, 
        other than a bridge on a Federal-aid highway.
            ``(2) Special rule.--
                    ``(A) Set-aside.--Of the amounts apportioned to a 
                State for fiscal year 2012 and each fiscal year 
                thereafter under this section, the State shall obligate 
                for activities described in subsection (c)(2) for off-
                system bridges an amount that is not less than 15 
                percent of the amount of funds apportioned to the State 
                for the highway bridge program for fiscal year 2009.
                    ``(B) Reduction of expenditures.--The Secretary, 
                after consultation with State and local officials, may 
                reduce the requirement for expenditures for off-system 
                bridges under subparagraph (A) with respect to the 
                State if the Secretary determines that the State has 
                inadequate needs to justify the expenditure.
            ``(3) Credit for bridges not on federal-aid highways.--
        Notwithstanding any other provision of law, with respect to any 
        project not on a Federal-aid highway for the replacement of a 
        bridge or rehabilitation of a bridge that is wholly funded from 
        State and local sources, is eligible for Federal funds under 
        this section, is noncontroversial, is certified by the State to 
        have been carried out in accordance with all standards 
        applicable to such projects under this section, and is 
        determined by the Secretary upon completion to be no longer a 
        deficient bridge--
                    ``(A) any amount expended after the date of 
                enactment of this subsection from State and local 
                sources for the project in excess of 20 percent of the 
                cost of construction of the project may be credited to 
                the non-Federal share of the cost of other bridge 
                projects in the State that are eligible for Federal 
                funds under this section; and
                    ``(B) that crediting shall be conducted in 
                accordance with procedures established by the 
                Secretary.''
    ``(h) Administration.--
            ``(1) Submission of project agreement.--For each fiscal 
        year, each State shall submit a project agreement that--
                    ``(A) certifies that the State will meet all the 
                requirements of this section; and
                    ``(B) notifies the Secretary of the amount of 
                obligations needed to carry out the program under this 
                section.
            ``(2) Request for adjustments of amounts.--Each State shall 
        request from the Secretary such adjustments to the amount of 
        obligations referred to in paragraph (1)(B) as the State 
        determines to be necessary.
            ``(3) Effect of approval by the secretary.--Approval by the 
        Secretary of a project agreement under paragraph (1) shall be 
        deemed a contractual obligation of the United States to pay 
        transportation mobility program funds made available under this 
        title.
    ``(i) Obligation Authority.--
            ``(1) In general.--A State that is required to obligate, in 
        an urbanized area with an urbanized area population of over 
        200,000 individuals under subsection (d), funds apportioned to 
        the State under section 104(b)(2) shall make available during 
        the fiscal year an amount of obligation authority distributed 
        to the State for Federal-aid highways and highway safety 
        construction programs for use in the area that is equal to the 
        product obtained by multiplying--
                    ``(A) the aggregate amount of funds that the State 
                is required to obligate in the area under subsection 
                (d) during the period; and
                    ``(B) the ratio that--
                            ``(i) the aggregate amount of obligation 
                        authority distributed to the State for Federal-
                        aid highways and highway safety construction 
                        programs during the period; bears to
                            ``(ii) the total of the sums apportioned to 
                        the State for Federal-aid highways and highway 
                        safety construction programs (excluding sums 
                        not subject to an obligation limitation) during 
                        the period.
            ``(2) Joint responsibility.--Each State, each affected 
        metropolitan planning organization, and the Secretary shall 
        jointly ensure compliance with paragraph (1).''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
133 and inserting the following:

``133. Transportation mobility program.''.

SEC. 1109. WORKFORCE DEVELOPMENT.

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

SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.

    Section 143 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) Funding.--
                    ``(A) In general.--From administrative funds made 
                available under section 104(a), the Secretary shall 
                deduct such sums as are necessary, not to exceed 
                $10,000,000 for each of fiscal years 2012 and 2013, to 
                carry out this section.
                    ``(B) Allocation of funds.--Funds made available to 
                carry out this section may be allocated to the Internal 
                Revenue Service and the States at the discretion of the 
                Secretary, except that of funds so made available for 
                each fiscal year, $2,000,000 shall be available only to 
                carry out intergovernmental enforcement efforts, 
                including research and training.''; and
                    (B) in paragraph (8)--
                            (i) in the paragraph heading by striking 
                        ``surface transportation program'' and 
                        inserting ``transportation mobility program''; 
                        and
                            (ii) by striking ``section 104(b)(3)'' and 
                        inserting ``section 104(b)(2)''; and
            (2) in subsection (c)(3) by striking ``for each of fiscal 
        years 2005 through 2009,'' and inserting ``for each fiscal 
        year,''.

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

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

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

SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    Section 148 of title 23, United States Code, is amended to read as 
follows:
``Sec. 148. Highway safety improvement program
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) High risk rural road.--The term `high risk rural 
        road' means any roadway functionally classified as a rural 
        major or minor collector or a rural local road with significant 
        safety risks, as defined by a State in accordance with an 
        updated State strategic highway safety plan.
            ``(2) Highway basemap.--The term `highway basemap' means a 
        representation of all public roads that can be used to 
        geolocate attribute data on a roadway.
            ``(3) Highway safety improvement program.--The term 
        `highway safety improvement program' means projects, 
        activities, plans, and reports carried out under this section.
            ``(4) Highway safety improvement project.--
                    ``(A) In general.--The term `highway safety 
                improvement project' means strategies, activities, and 
                projects on a public road that are consistent with a 
                State strategic highway safety plan and--
                            ``(i) correct or improve a hazardous road 
                        location or feature; or
                            ``(ii) address a highway safety problem.
                    ``(B) Inclusions.--The term `highway safety 
                improvement project' includes, but is not limited to, a 
                project for 1 or more of the following:
                            ``(i) An intersection safety improvement.
                            ``(ii) Pavement and shoulder widening 
                        (including addition of a passing lane to remedy 
                        an unsafe condition).
                            ``(iii) Installation of rumble strips or 
                        another warning device, if the rumble strips or 
                        other warning devices do not adversely affect 
                        the safety or mobility of bicyclists and 
                        pedestrians, including persons with 
                        disabilities.
                            ``(iv) Installation of a skid-resistant 
                        surface at an intersection or other location 
                        with a high frequency of crashes.
                            ``(v) An improvement for pedestrian or 
                        bicyclist safety or safety of persons with 
                        disabilities.
                            ``(vi) Construction and improvement of a 
                        railway-highway grade crossing safety feature, 
                        including installation of protective devices.
                            ``(vii) The conduct of a model traffic 
                        enforcement activity at a railway-highway 
                        crossing.
                            ``(viii) Construction of a traffic calming 
                        feature.
                            ``(ix) Elimination of a roadside hazard.
                            ``(x) Installation, replacement, and other 
                        improvement of highway signage and pavement 
                        markings, or a project to maintain minimum 
                        levels of retroreflectivity, that addresses a 
                        highway safety problem consistent with a State 
                        strategic highway safety plan.
                            ``(xi) Installation of a priority control 
                        system for emergency vehicles at signalized 
                        intersections.
                            ``(xii) Installation of a traffic control 
                        or other warning device at a location with high 
                        crash potential.
                            ``(xiii) Transportation safety planning.
                            ``(xiv) Collection, analysis, and 
                        improvement of safety data.
                            ``(xv) Planning integrated interoperable 
                        emergency communications equipment, operational 
                        activities, or traffic enforcement activities 
                        (including police assistance) relating to work 
                        zone safety.
                            ``(xvi) Installation of guardrails, 
                        barriers (including barriers between 
                        construction work zones and traffic lanes for 
                        the safety of road users and workers), and 
                        crash attenuators.
                            ``(xvii) The addition or retrofitting of 
                        structures or other measures to eliminate or 
                        reduce crashes involving vehicles and wildlife.
                            ``(xviii) Installation of yellow-green 
                        signs and signals at pedestrian and bicycle 
                        crossings and in school zones.
                            ``(xix) Construction and operational 
                        improvements on high risk rural roads.
                            ``(xx) Geometric improvements to a road for 
                        safety purposes that improve safety.
                            ``(xxi) A road safety audit.
                            ``(xxii) Roadway safety infrastructure 
                        improvements consistent with the 
                        recommendations included in the publication of 
                        the Federal Highway Administration entitled 
                        `Highway Design Handbook for Older Drivers and 
                        Pedestrians' (FHWA-RD-01-103), dated May 2001 
                        or as subsequently revised and updated.
                            ``(xxiii) Truck parking facilities eligible 
                        for funding under section 1401 of the MAP-21.
                            ``(xxiv) Systemic safety improvements.
            ``(5) Model inventory of roadway elements.--The term `model 
        inventory of roadway elements' means the listing and 
        standardized coding by the Federal Highway Administration of 
        roadway and traffic data elements critical to safety 
        management, analysis, and decisionmaking.
            ``(6) Project to maintain minimum levels of 
        retroreflectivity.--The term `project to maintain minimum 
        levels of retroreflectivity' means a project that is designed 
        to maintain a highway sign or pavement marking 
        retroreflectivity at or above the minimum levels prescribed in 
        Federal or State regulations.
            ``(7) Road safety audit.--The term `road safety audit' 
        means a formal safety performance examination of an existing or 
        future road or intersection by an independent multidisciplinary 
        audit team.
            ``(8) Road users.--The term `road user' means a motorist, 
        passenger, public transportation operator or user, truck 
        driver, bicyclist, motorcyclist, or pedestrian, including a 
        person with disabilities.
            ``(9) Safety data.--
                    ``(A) In general.--The term `safety data' means 
                crash, roadway, and traffic data on a public road.
                    ``(B) Inclusion.--The term `safety data' includes, 
                in the case of a railway-highway grade crossing, the 
                characteristics of highway and train traffic, 
                licensing, and vehicle data.
            ``(10) Safety project under any other section.--
                    ``(A) In general.--The term `safety project under 
                any other section' means a project carried out for the 
                purpose of safety under any other section of this 
                title.
                    ``(B) Inclusion.--The term `safety project under 
                any other section' includes--
                            ``(i) a project consistent with the State 
                        strategic highway safety plan that promotes the 
                        awareness of the public and educates the public 
                        concerning highway safety matters (including 
                        motorcycle safety);
                            ``(ii) a project to enforce highway safety 
                        laws; and
                            ``(iii) a project to provide infrastructure 
                        and infrastructure-related equipment to support 
                        emergency services.
            ``(11) State highway safety improvement program.--The term 
        `State highway safety improvement program' means a program of 
        highway safety improvement projects, activities, plans and 
        reports carried out as part of the Statewide transportation 
        improvement program under section 135(g).
            ``(12) State strategic highway safety plan.--The term 
        `State strategic highway safety plan' means a comprehensive 
        plan, based on safety data, developed by a State transportation 
        department that--
                    ``(A) is developed after consultation with--
                            ``(i) a highway safety representative of 
                        the Governor of the State;
                            ``(ii) regional transportation planning 
                        organizations and metropolitan planning 
                        organizations, if any;
                            ``(iii) representatives of major modes of 
                        transportation;
                            ``(iv) State and local traffic enforcement 
                        officials;
                            ``(v) a highway-rail grade crossing safety 
                        representative of the Governor of the State;
                            ``(vi) representatives conducting a motor 
                        carrier safety program under section 31102, 
                        31106, or 31309 of title 49;
                            ``(vii) motor vehicle administration 
                        agencies;
                            ``(viii) county transportation officials;
                            ``(ix) State representatives of 
                        nonmotorized users; and
                            ``(x) other major Federal, State, tribal, 
                        and local safety stakeholders;
                    ``(B) analyzes and makes effective use of State, 
                regional, local, or tribal safety data;
                    ``(C) addresses engineering, management, operation, 
                education, enforcement, and emergency services elements 
                (including integrated, interoperable emergency 
                communications) of highway safety as key factors in 
                evaluating highway projects;
                    ``(D) considers safety needs of, and high-fatality 
                segments of, all public roads, including non-State-
                owned public roads and roads on tribal land;
                    ``(E) considers the results of State, regional, or 
                local transportation and highway safety planning 
                processes;
                    ``(F) describes a program of strategies to reduce 
                or eliminate safety hazards;
                    ``(G) is approved by the Governor of the State or a 
                responsible State agency;
                    ``(H) is consistent with section 135(g); and
                    ``(I) is updated and submitted to the Secretary for 
                approval as required under subsection (d)(2).
            ``(13) Systemic safety improvement.--The term `systemic 
        safety improvement' means an improvement that is widely 
        implemented based on high-risk roadway features that are 
        correlated with particular crash types, rather than crash 
        frequency.
    ``(b) Program.--
            ``(1) In general.--The Secretary shall carry out a highway 
        safety improvement program.
            ``(2) Purpose.--The purpose of the highway safety 
        improvement program shall be to achieve a significant reduction 
        in traffic fatalities and serious injuries on all public roads, 
        including non-State-owned public roads and roads on tribal 
        land.
    ``(c) Eligibility.--
            ``(1) In general.--To obligate funds apportioned under 
        section 104(b)(3) to carry out this section, a State shall have 
        in effect a State highway safety improvement program under 
        which the State--
                    ``(A) develops, implements, and updates a State 
                strategic highway safety plan that identifies and 
                analyzes highway safety problems and opportunities as 
                provided in subsections (a)(12) and (d);
                    ``(B) produces a program of projects or strategies 
                to reduce identified safety problems; and
                    ``(C) evaluates the strategic highway safety plan 
                on a regularly recurring basis in accordance with 
                subsection (d)(1) to ensure the accuracy of the data 
                and priority of proposed strategies.
            ``(2) Identification and analysis of highway safety 
        problems and opportunities.--As part of the State highway 
        safety improvement program, a State shall--
                    ``(A) have in place a safety data system with the 
                ability to perform safety problem identification and 
                countermeasure analysis--
                            ``(i) to improve the timeliness, accuracy, 
                        completeness, uniformity, integration, and 
                        accessibility of the safety data on all public 
                        roads, including non-State-owned public roads 
                        and roads on tribal land in the State;
                            ``(ii) to evaluate the effectiveness of 
                        data improvement efforts;
                            ``(iii) to link State data systems, 
                        including traffic records, with other data 
                        systems within the State;
                            ``(iv) to improve the compatibility and 
                        interoperability of safety data with other 
                        State transportation-related data systems and 
                        the compatibility and interoperability of State 
                        safety data systems with data systems of other 
                        States and national data systems;
                            ``(v) to enhance the ability of the 
                        Secretary to observe and analyze national 
                        trends in crash occurrences, rates, outcomes, 
                        and circumstances; and
                            ``(vi) to improve the collection of data on 
                        nonmotorized crashes;
                    ``(B) based on the analysis required by 
                subparagraph (A)--
                            ``(i) identify hazardous locations, 
                        sections, and elements (including roadside 
                        obstacles, railway-highway crossing needs, and 
                        unmarked or poorly marked roads) that 
                        constitute a danger to motorists (including 
                        motorcyclists), bicyclists, pedestrians, and 
                        other highway users;
                            ``(ii) using such criteria as the State 
                        determines to be appropriate, establish the 
                        relative severity of those locations, in terms 
                        of crashes (including crash rates), fatalities, 
                        serious injuries, traffic volume levels, and 
                        other relevant data;
                            ``(iii) identify the number of fatalities 
                        and serious injuries on all public roads by 
                        location in the State;
                            ``(iv) identify highway safety improvement 
                        projects on the basis of crash experience, 
                        crash potential, crash rate, or other data-
                        supported means; and
                            ``(v) consider which projects maximize 
                        opportunities to advance safety;
                    ``(C) adopt strategic and performance-based goals 
                that--
                            ``(i) address traffic safety, including 
                        behavioral and infrastructure problems and 
                        opportunities on all public roads;
                            ``(ii) focus resources on areas of greatest 
                        need; and
                            ``(iii) are coordinated with other State 
                        highway safety programs;
                    ``(D) advance the capabilities of the State for 
                safety data collection, analysis, and integration in a 
                manner that--
                            ``(i) complements the State highway safety 
                        program under chapter 4 and the commercial 
                        vehicle safety plan under section 31102 of 
                        title 49;
                            ``(ii) includes all public roads, including 
                        public non-State-owned roads and roads on 
                        tribal land;
                            ``(iii) identifies hazardous locations, 
                        sections, and elements on all public roads that 
                        constitute a danger to motorists (including 
                        motorcyclists), bicyclists, pedestrians, 
                        persons with disabilities, and other highway 
                        users;
                            ``(iv) includes a means of identifying the 
                        relative severity of hazardous locations 
                        described in clause (iii) in terms of crashes 
                        (including crash rate), serious injuries, 
                        fatalities, and traffic volume levels; and
                            ``(v) improves the ability of the State to 
                        identify the number of fatalities and serious 
                        injuries on all public roads in the State with 
                        a breakdown by functional classification and 
                        ownership in the State;
                    ``(E)(i) determine priorities for the correction of 
                hazardous road locations, sections, and elements 
                (including railway-highway crossing improvements), as 
                identified through safety data analysis;
                    ``(ii) identify opportunities for preventing the 
                development of such hazardous conditions; and
                    ``(iii) establish and implement a schedule of 
                highway safety improvement projects for hazard 
                correction and hazard prevention; and
                    ``(F)(i) establish an evaluation process to analyze 
                and assess results achieved by highway safety 
                improvement projects carried out in accordance with 
                procedures and criteria established by this section; 
                and
                    ``(ii) use the information obtained under clause 
                (i) in setting priorities for highway safety 
                improvement projects.
    ``(d) Updates to Strategic Highway Safety Plans.--
            ``(1) Establishment of requirements.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the MAP-21, the Secretary shall 
                establish requirements for regularly recurring State 
                updates of strategic highway safety plans.
                    ``(B) Contents of updated strategic highway safety 
                plans.--In establishing requirements under this 
                subsection, the Secretary shall ensure that States take 
                into consideration, with respect to updated strategic 
                highway safety plans--
                            ``(i) the findings of road safety audits;
                            ``(ii) the locations of fatalities and 
                        serious injuries;
                            ``(iii) the locations that do not have an 
                        empirical history of fatalities and serious 
                        injuries, but possess risk factors for 
                        potential crashes;
                            ``(iv) rural roads, including all public 
                        roads, commensurate with fatality data;
                            ``(v) motor vehicle crashes that include 
                        fatalities or serious injuries to pedestrians 
                        and bicyclists;
                            ``(vi) the cost-effectiveness of 
                        improvements;
                            ``(vii) improvements to rail-highway grade 
                        crossings; and
                            ``(viii) safety on all public roads, 
                        including non-State-owned public roads and 
                        roads on tribal land.
            ``(2) Approval of updated strategic highway safety plans.--
                    ``(A) In general.--Each State shall--
                            ``(i) update the strategic highway safety 
                        plans of the State in accordance with the 
                        requirements established by the Secretary under 
                        this subsection; and
                            ``(ii) submit the updated plans to the 
                        Secretary, along with a detailed description of 
                        the process used to update the plan.
                    ``(B) Requirements for approval.--The Secretary 
                shall not approve the process for an updated strategic 
                highway safety plan unless--
                            ``(i) the updated strategic highway safety 
                        plan is consistent with the requirements of 
                        this subsection and subsection (a)(12); and
                            ``(ii) the process used is consistent with 
                        the requirements of this subsection.
            ``(3) Penalty for failure to have an approved updated 
        strategic highway safety plan.--If a State does not have an 
        updated strategic highway safety plan with a process approved 
        by the Secretary by August 1 of the fiscal year beginning after 
        the date of establishment of the requirements under paragraph 
        (1)--
                    ``(A) the State shall not be eligible to receive 
                any additional limitation pursuant to the 
                redistribution of the limitation on obligations for 
                Federal-aid highway and highway safety construction 
                programs that occurs after August 1 for each succeeding 
                fiscal year until the fiscal year during which the plan 
                is approved; and
                    ``(B) the Secretary shall, on October 1 of each 
                fiscal year thereafter, transfer from funds apportioned 
                to the State under section 104(b)(2) (other than 
                amounts suballocated to metropolitan areas and other 
                areas of the State under section 133(d)) an amount 
                equal to 10 percent of the funds so apportioned for the 
                fiscal year for use under the highway safety 
                improvement program under this section to the 
                apportionment of the State under section 104(b)(3) 
                until the fiscal year in which the plan is approved.
    ``(e) Eligible Projects.--
            ``(1) In general.--Funds apportioned to the State under 
        section 104(b)(3) may be obligated to carry out--
                    ``(A) any highway safety improvement project on any 
                public road or publicly owned bicycle or pedestrian 
                pathway or trail; or
                    ``(B) as provided in subsection (f), other safety 
                projects.
            ``(2) Use of other funding for safety.--
                    ``(A) Effect of section.--Nothing in this section 
                prohibits the use of funds made available under other 
                provisions of this title for highway safety improvement 
                projects.
                    ``(B) Use of other funds.--States are encouraged to 
                address the full scope of the safety needs and 
                opportunities of the States by using funds made 
                available under other provisions of this title (except 
                a provision that specifically prohibits that use).
    ``(f) Flexible Funding for States With a Strategic Highway Safety 
Plan.--
            ``(1) In general.--To further the implementation of a State 
        strategic highway safety plan, a State may use up to 10 percent 
        of the amount of funds apportioned to the State under section 
        104(b)(3) for a fiscal year to carry out safety projects under 
        any other section as provided in the State strategic highway 
        safety plan if the State certifies that--
                    ``(A) the State has met needs in the State relating 
                to railway-highway crossings for the preceding fiscal 
                year; and
                    ``(B) the funds are being used for the most 
                effective projects to make progress toward achieving 
                the safety performance targets of the State.
            ``(2) Other transportation and highway safety plans.--
        Nothing in this subsection requires a State to revise any State 
        process, plan, or program in effect on the date of enactment of 
        the MAP-21.
    ``(g) Data Improvement.--
            ``(1) Definition of data improvement activities.--In this 
        subsection:
                    ``(A) In general.--The term `data improvement 
                activities' means a project or activity to further the 
                capacity of a State to make more informed and effective 
                safety infrastructure investment decisions.
                    ``(B) Inclusions.--The term `data improvement 
                activities' includes a project or activity--
                            ``(i) to create, update, or enhance a 
                        highway basemap of all public roads in a State;
                            ``(ii) to collect safety data, including 
                        data identified as part of the model inventory 
                        of roadway elements, for creation of or use on 
                        a highway basemap of all public roads in a 
                        State;
                            ``(iii) to store and maintain safety data 
                        in an electronic manner;
                            ``(iv) to develop analytical processes for 
                        safety data elements;
                            ``(v) to acquire and implement roadway 
                        safety analysis tools; and
                            ``(vi) to support the collection, 
                        maintenance, and sharing of safety data on all 
                        public roads and related systems associated 
                        with the analytical usage of that data.
            ``(2) Apportionment.--Of the funds apportioned to a State 
        under section 104(b)(3) for a fiscal year--
                    ``(A) not less than 8 percent of the funds 
                apportioned for each of fiscal years 2012 through 2013 
                shall be available only for data improvement activities 
                under this subsection; and
                    ``(B) not less than 4 percent of the funds 
                apportioned for fiscal year 2014 and each fiscal year 
                thereafter shall be available only for data improvement 
                activities under this subsection.
            ``(3) Special rule.--A State may use funds apportioned to 
        the State pursuant to this subsection for any project eligible 
        under this section if the State demonstrates to the 
        satisfaction of the Secretary that the State has met all of the 
        State needs for data collection to support the State strategic 
        highway safety plan and sufficiently addressed the data 
        improvement activities described in paragraph (1).
            ``(4) Model inventory of roadway elements.--The Secretary 
        shall--
                    ``(A) establish a subset of the model inventory of 
                roadway elements that are useful for the inventory of 
                roadway safety; and
                    ``(B) ensure that States adopt and use the subset 
                to improve data collection.
    ``(h) Performance Measures and Targets for State Highway Safety 
Improvement Programs.--
            ``(1) Establishment of performance measures.--Not later 
        than 1 year after the date of enactment of the MAP-21, the 
        Secretary shall issue guidance to States on the establishment, 
        collection, and reporting of performance measures that 
        reflect--
                    ``(A) serious injuries and fatalities per vehicle 
                mile traveled;
                    ``(B) serious injuries and fatalities per capita; 
                and
                    ``(C) the number of serious injuries and fatalities
            ``(2) Establishment of state performance targets.--Not 
        later than 1 year after the Secretary has issued guidance to 
        States on the establishment, collection, and reporting of 
        performance measures, each State shall set performance targets 
        that reflect--
                    ``(A) serious injuries and fatalities per vehicle 
                mile traveled;
                    ``(B) serious injuries and fatalities per capita; 
                and
                    ``(C) the number of serious injuries and 
                fatalities.
    ``(i) Special Rules.--
            ``(1) High-risk rural road safety.--If the fatality rate on 
        rural roads in a State increases over the most recent 2-year 
        period for which data are available, that State shall be 
        required to obligate in the next fiscal year for projects on 
        high risk rural roads an amount equal to at least 200 percent 
        of the amount of funds the State received for fiscal year 2009 
        for high risk rural roads under subsection (f) of this section, 
        as in effect on the day before the date of enactment of the 
        MAP-21.
            ``(2) Rail-highway grade crossings.--If the average number 
        of fatalities at rail-highway grade crossings in a State over 
        the most recent 2-year period for which data are available 
        increases over the average number of fatalities during the 
        preceding 2-year period, that State shall be required to 
        obligate in the next fiscal year for projects on rail-highway 
        grade crossings an amount equal to 120 percent of the amount of 
        funds the State received for fiscal year 2009 for rail-highway 
        grade crossings under section 130(f) (as in effect on the day 
        before the date of enactment of the MAP-21).
            ``(3) Older drivers.--If traffic fatalities and serious 
        injuries per capita for drivers and pedestrians over the age of 
        65 in a State increases during the most recent 2-year period 
        for which data are available, that State shall be required to 
        include, in the subsequent Strategic Highway Safety Plan of the 
        State, strategies to address the increases in those rates, 
        taking into account the recommendations included in the 
        publication of the Federal Highway Administration entitled 
        `Highway Design Handbook for Older Drivers and Pedestrians' 
        (FHWA-RD-01-103), and dated May 2001, or as subsequently 
        revised and updated.
    ``(j) Reports.--
            ``(1) In general.--A State shall submit to the Secretary a 
        report that--
                    ``(A) describes the progress being made to achieve 
                the performance targets established under subsection 
                (h);
                    ``(B) describes progress being made to implement 
                highway safety improvement projects under this section;
                    ``(C) assesses the effectiveness of those 
                improvements; and
                    ``(D) describes the extent to which the 
                improvements funded under this section have contributed 
                to reducing--
                            ``(i) the number and rate of fatalities on 
                        all public roads with, to the maximum extent 
                        practicable, a breakdown by functional 
                        classification and ownership in the State;
                            ``(ii) the number and rate of serious 
                        injuries on all public roads with, to the 
                        maximum extent practicable, a breakdown by 
                        functional classification and ownership in the 
                        State; and
                            ``(iii) the occurrences of fatalities and 
                        serious injuries at railway-highway crossings.
            ``(2) Contents; schedule.--The Secretary shall establish 
        the content and schedule for the submission of the report under 
        paragraph (1).
            ``(3) Transparency.--The Secretary shall make strategic 
        highway safety plans submitted under subsection (d) and reports 
        submitted under this subsection available to the public 
        through--
                    ``(A) the website of the Department; and
                    ``(B) such other means as the Secretary determines 
                to be appropriate.
            ``(4) Discovery and admission into evidence of certain 
        reports, surveys, and information.--Notwithstanding any other 
        provision of law, reports, surveys, schedules, lists, or data 
        compiled or collected for any purpose relating to this section, 
        shall not be subject to discovery or admitted into evidence in 
        a Federal or State court proceeding or considered for other 
        purposes in any action for damages arising from any occurrence 
        at a location identified or addressed in the reports, surveys, 
        schedules, lists, or other data.
    ``(k) State Performance Targets.--If the Secretary determines that 
a State has not met or made significant progress toward meeting the 
performance targets of the State established under subsection (h) by 
the date that is 2 years after the date of the establishment of the 
performance targets, the State shall--
            ``(1) use obligation authority equal to the apportionment 
        of the State for the prior year under section 104(b)(3) only 
        for highway safety improvement projects under this section 
        until the Secretary determines that the State has met or made 
        significant progress toward meeting the performance targets of 
        the State; and
            ``(2) submit annually to the Secretary, until the Secretary 
        determines that the State has met or made significant progress 
        toward meeting the performance targets of the State, an 
        implementation plan that--
                    ``(A) identifies roadway features that constitute a 
                hazard to road users;
                    ``(B) identifies highway safety improvement 
                projects on the basis of crash experience, crash 
                potential, or other data-supported means;
                    ``(C) describes how highway safety improvement 
                program funds will be allocated, including projects, 
                activities, and strategies to be implemented;
                    ``(D) describes how the proposed projects, 
                activities, and strategies funded under the State 
                highway safety improvement program will allow the State 
                to make progress toward achieving the safety 
                performance targets of the State; and
                    ``(E) describes the actions the State will 
                undertake to meet the performance targets of the State.
    ``(l) Federal Share of Highway Safety Improvement Projects.--Except 
as provided in sections 120 and 130, the Federal share of the cost of a 
highway safety improvement project carried out with funds apportioned 
to a State under section 104(b)(3) shall be 90 percent.''.

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

    Section 149 of title 23, United States Code, is amended to read as 
follows:
``Sec. 149. Congestion mitigation and air quality improvement program
    ``(a) Establishment.--The Secretary shall establish and implement a 
congestion mitigation and air quality improvement program in accordance 
with this section.
    ``(b) Eligible Projects.--
            ``(1) In general.--Except as provided in subsection (c), a 
        State may obligate funds apportioned to the State for the 
        congestion mitigation and air quality improvement program under 
        section 104(b)(4) that are not reserved under subsection (l) 
        only for a transportation project or program if the project or 
        program is for an area in the State that is or was designated 
        as a nonattainment area for ozone, carbon monoxide, or 
        particulate matter under section 107(d) of the Clean Air Act 
        (42 U.S.C. 7407(d)) and classified pursuant to section 181(a), 
        186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C. 
        7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated 
        as a nonattainment area under section 107(d) of that Act after 
        December 31, 1997, or is required to prepare, and file with the 
        Administrator of the Environmental Protection Agency, 
        maintenance plans under the Clean Air Act (42 U.S.C. 7401 et 
        seq.); and
                    ``(A)(i)(I) if the Secretary, after consultation 
                with the Administrator determines, on the basis of 
                information published by the Environmental Protection 
                Agency pursuant to subparagraph (A) of section 
                108(f)(1) of the Clean Air Act (other than clause (xvi) 
                of that subparagraph) (42 U.S.C. 7408(f)(1)) that the 
                project or program is likely to contribute to--
                            ``(aa) the attainment of a national ambient 
                        air quality standard; or
                            ``(bb) the maintenance of a national 
                        ambient air quality standard in a maintenance 
                        area; and
                    ``(II) there exists a high level of effectiveness 
                in reducing air pollution, in cases of projects or 
                programs where sufficient information is available in 
                the database established pursuant to subsection (h) to 
                determine the relative effectiveness of such projects 
                or programs; or
                    ``(ii) in any case in which such information is not 
                available, if the Secretary, after such consultation, 
                determines that the project or program is part of a 
                program, method, or strategy described in such section 
                108(f)(1)(A);
                    ``(B) if the project or program is included in a 
                State implementation plan that has been approved 
                pursuant to the Clean Air Act and the project will have 
                air quality benefits;
                    ``(C) to establish or operate a traffic monitoring, 
                management, and control facility or program, including 
                truck stop electrification systems, if the Secretary, 
                after consultation with the Administrator, determines 
                that the facility or program is likely to contribute to 
                the attainment of a national ambient air quality 
                standard;
                    ``(D) if the program or project improves traffic 
                flow, including projects to improve signalization, 
                construct high-occupancy vehicle lanes, improve 
                intersections, add turning lanes, improve 
                transportation systems management and operations that 
                mitigate congestion and improve air quality, and 
                implement intelligent transportation system strategies 
                and such other projects that are eligible for 
                assistance under this section on the day before the 
                date of enactment of the MAP-21, including programs or 
                projects to improve incident and emergency response or 
                improve mobility, such as through real-time traffic, 
                transit, and multimodal traveler information;
                    ``(E) if the project or program involves the 
                purchase of integrated, interoperable emergency 
                communications equipment;
                    ``(F) if the project or program is for--
                            ``(i) the purchase of diesel retrofits that 
                        are--
                                    ``(I) for motor vehicles (as 
                                defined in section 216 of the Clean Air 
                                Act (42 U.S.C. 7550)); or
                                    ``(II) verified technologies (as 
                                defined in section 791 of the Energy 
                                Policy Act of 2005 (42 U.S.C. 16131)) 
                                for nonroad vehicles and nonroad 
                                engines (as defined in section 216 of 
                                the Clean Air Act (42 U.S.C. 7550)) 
                                that are used in construction projects 
                                that are--
                                            ``(aa) located in 
                                        nonattainment or maintenance 
                                        areas for ozone, 
                                        PM<INF>10</INF>, or 
                                        PM<INF>2.5</INF> (as defined 
                                        under the Clean Air Act (42 
                                        U.S.C. 7401 et seq.)); and
                                            ``(bb) funded, in whole or 
                                        in part, under this title; or
                            ``(ii) the conduct of outreach activities 
                        that are designed to provide information and 
                        technical assistance to the owners and 
                        operators of diesel equipment and vehicles 
                        regarding the purchase and installation of 
                        diesel retrofits;
                    ``(G) if the project involves the installation of 
                battery charging or replacement facilities for 
                electric-drive vehicles, or refueling facilities for 
                alternative-fuel vehicles;
                    ``(H) if the project or program shifts traffic 
                demand to nonpeak hours or other transportation modes, 
                increases vehicle occupancy rates, or otherwise reduces 
                demand for roads through such means as telecommuting, 
                ridesharing, carsharing, alternative work hours, and 
                pricing; or
                    ``(I) if the Secretary, after consultation with the 
                Administrator, determines that the project or program 
                is likely to contribute to the attainment of a national 
                ambient air quality standard, whether through 
                reductions in vehicle miles traveled, fuel consumption, 
                or through other factors.
            ``(2) Limitations.--Funds apportioned to a State under 
        section 104(b)(4) and not reserved under subsection (l) may not 
        be obligated for a project that will result in the construction 
        of new capacity available to single-occupant vehicles unless 
        the project consists of a high-occupancy vehicle facility 
        available to single-occupant vehicles only at other than peak 
        travel times or such use by single-occupant vehicles at peak 
        travel times is subject to a toll.
            ``(3) Use of funds for other activities.--Notwithstanding 
        paragraph (1) and subsection (c), the Secretary may permit a 
        State to use amounts apportioned to the State for each of 
        fiscal years 2012 and 2013 for the congestion mitigation and 
        air quality improvement program under section 104(b)(4) to 
        carry out any activity on a system that was eligible for 
        funding under that program as in effect on December 31, 2010.
    ``(c) States Flexibility.--
            ``(1) States without a nonattainment area.--If a State does 
        not have, and never has had, a nonattainment area designated 
        under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone, 
        carbon monoxide, or PM<INF>2.5</INF>, the State may use funds 
        apportioned to the State under section 104(b)(4) (excluding the 
        amount of funds reserved under subsection (l)) for any project 
        in the State that--
                    ``(A) would otherwise be eligible under subsection 
                (b) as if the project were carried out in a 
                nonattainment or maintenance area; or
                    ``(B) is eligible under the transportation mobility 
                program under section 133.
            ``(2) States with a nonattainment area.--
                    ``(A) In general.--If a State has a nonattainment 
                area or maintenance area and received funds in fiscal 
                year 2009 under section 104(b)(2)(D), as in effect on 
                the day before the date of enactment of the MAP-21, 
                above the amount of funds that the State would have 
                received based on the nonattainment and maintenance 
                area population of the State under subparagraphs (B) 
                and (C) of section 104(b)(2), as in effect on the day 
                before the date of enactment of the MAP-21, the State 
                may use for any project that is eligible under the 
                transportation mobility program under section 133 an 
                amount of funds apportioned to such State under section 
                104(b)(4) (excluding the amount of funds reserved under 
                subsection (l)) that is equal to the product obtained 
                by multiplying--
                            ``(i) the amount apportioned to such State 
                        under section 104(b)(4) (excluding the amount 
                        of funds reserved under subsection (l)); by
                            ``(ii) the ratio calculated under paragraph 
                        (B).
                    ``(B) Ratio.--For purposes of this paragraph, the 
                ratio shall be calculated as--
                            ``(i) the amount for fiscal year 2009 such 
                        State was permitted by section 149(c)(2), as in 
                        effect on the day before the date of enactment 
                        of the MAP-21, to obligate in any area of the 
                        State for projects eligible under section 133, 
                        as in effect on the day before the date of 
                        enactment of the MAP-21; bears to
                            ``(ii) the total apportionment to such 
                        State for fiscal year 2009 under section 
                        104(b)(2), as in effect on the day before the 
                        date of enactment of the MAP-21.
            ``(3) Changes in designation.--If a new nonattainment area 
        is designated or a previously designated nonattainment area is 
        redesignated as an attainment area in a State under the Clean 
        Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify 
        the amount such State is permitted to obligate in any area of 
        the State for projects eligible under section 133.
    ``(d) Applicability of Planning Requirements.--Programming and 
expenditure of funds for projects under this section shall be 
consistent with the requirements of sections 134 and 135.
    ``(e) Partnerships With Nongovernmental Entities.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title and in accordance with this subsection, a 
        metropolitan planning organization, State transportation 
        department, or other project sponsor may enter into an 
        agreement with any public, private, or nonprofit entity to 
        cooperatively implement any project carried out with funds 
        apportioned under section 104(b)(4).
            ``(2) Forms of participation by entities.--Participation by 
        an entity under paragraph (1) may consist of--
                    ``(A) ownership or operation of any land, facility, 
                vehicle, or other physical asset associated with the 
                project;
                    ``(B) cost sharing of any project expense;
                    ``(C) carrying out of administration, construction 
                management, project management, project operation, or 
                any other management or operational duty associated 
                with the project; and
                    ``(D) any other form of participation approved by 
                the Secretary.
            ``(3) Allocation to entities.--A State may allocate funds 
        apportioned under section 104(b)(4) to an entity described in 
        paragraph (1).
            ``(4) Alternative fuel projects.--In the case of a project 
        that will provide for the use of alternative fuels by privately 
        owned vehicles or vehicle fleets, activities eligible for 
        funding under this subsection--
                    ``(A) may include the costs of vehicle refueling 
                infrastructure, including infrastructure that would 
                support the development, production, and use of 
                emerging technologies that reduce emissions of air 
                pollutants from motor vehicles, and other capital 
                investments associated with the project;
                    ``(B) shall include only the incremental cost of an 
                alternative fueled vehicle, as compared to a 
                conventionally fueled vehicle, that would otherwise be 
                borne by a private party; and
                    ``(C) shall apply other governmental financial 
                purchase contributions in the calculation of net 
                incremental cost.
            ``(5) Prohibition on federal participation with respect to 
        required activities.--A Federal participation payment under 
        this subsection may not be made to an entity to fund an 
        obligation imposed under the Clean Air Act (42 U.S.C. 7401 et 
        seq.) or any other Federal law.
    ``(f) Priority Consideration.--States and metropolitan planning 
organizations shall give priority in areas designated as nonattainment 
or maintenance for PM<INF>2.5</INF> under the Clean Air Act (42 U.S.C. 
7401 et seq.) in distributing funds received for congestion mitigation 
and air quality projects and programs from apportionments under section 
104(b)(4) not required to be reserved under subsection (l) to projects 
that are proven to reduce PM<INF>2.5</INF>, including diesel retrofits.
    ``(g) Interagency Consultation.--The Secretary shall encourage 
States and metropolitan planning organizations to consult with State 
and local air quality agencies in nonattainment and maintenance areas 
on the estimated emission reductions from proposed congestion 
mitigation and air quality improvement programs and projects.
    ``(h) Evaluation and Assessment of Projects.--
            ``(1) Database.--
                    ``(A) In general.--Using appropriate assessments of 
                projects funded under the congestion mitigation and air 
                quality program and results from other research, the 
                Secretary shall maintain and disseminate a cumulative 
                database describing the impacts of the projects, 
                including specific information about each project, such 
                as the project name, location, sponsor, cost, and, to 
                the extent already measured by the project sponsor, 
                cost-effectiveness, based on reductions in congestion 
                and emissions.
                    ``(B) Availability.--The database shall be 
                published or otherwise made readily available by the 
                Secretary in electronically accessible format and 
                means, such as the Internet, for public review.
            ``(2) Cost effectiveness.--
                    ``(A) In general.--The Secretary, in consultation 
                with the Administrator of the Environmental Protection 
                Agency, shall evaluate projects on a periodic basis and 
                develop a table or other similar medium that 
                illustrates the cost-effectiveness of a range of 
                project types eligible for funding under this section 
                as to how the projects mitigate congestion and improve 
                air quality.
                    ``(B) Contents.--The table described in 
                subparagraph (A) shall show measures of cost-
                effectiveness, such as dollars per ton of emissions 
                reduced, and assess those measures over a variety of 
                timeframes to capture impacts on the planning 
                timeframes outlined in section 134.
                    ``(C) Use of table.--States and metropolitan 
                planning organizations shall consider the information 
                in the table when selecting projects or developing 
                performance plans under subsection (k).
    ``(i) Optional Programmatic Eligibility.--
            ``(1) In general.--At the discretion of a metropolitan 
        planning organization, a technical assessment of a selected 
        program of projects may be conducted through modeling or other 
        means to demonstrate the emissions reduction projection 
        required under this section.
            ``(2) Applicability.--If an assessment described in 
        paragraph (1) successfully demonstrates an emissions reduction, 
        all projects included in such assessment shall be eligible for 
        obligation under this section without further demonstration of 
        emissions reduction of individual projects included in such 
        assessment.
    ``(j) Suballocation to Nonattainment and Maintenance Areas.--
            ``(1) In general.--An amount equal to 50 percent of the 
        amount of funds apportioned to each State under section 
        104(b)(4) (excluding the amount of funds reserved under 
        subsection (l)) shall be suballocated for projects within each 
        area designated as nonattainment or maintenance for the 
        pollutants described in subsection (b).
            ``(2) Distribution of funds.--The distribution within any 
        State of funds required to be suballocated under paragraph (1) 
        to each nonattainment or maintenance area shall be in 
        accordance with a formula developed by each State and approved 
        by the Secretary, which shall consider the population of each 
        such nonattainment or maintenance area and shall be weighted by 
        the severity of pollution in the manner described in paragraph 
        (6).
            ``(3) Project selection.--Projects under this subsection 
        shall be selected by a State and shall be consistent with the 
        requirements of sections 134 and 135.
            ``(4) Priority for use of suballocated funds in 
        pm<INF>2.5</INF> areas.--
                    ``(A) In general.--An amount equal to 50 percent of 
                the funds suballocated under paragraph (1) for a 
                nonattainment or maintenance area that are based all or 
                in part on the weighted population of such area in fine 
                particulate matter nonattainment shall be obligated to 
                projects that reduce such fine particulate matter 
                emissions in such area, including diesel retrofits.
                    ``(B) Construction equipment.--An amount equal to 
                30 percent of the funds required to be set aside under 
                subparagraph (A) shall be obligated to carry out the 
                objectives of section 330.
                    ``(C) Obligation process.--
                            ``(i) In general.--Each State or 
                        metropolitan planning organization required to 
                        obligate funds in accordance with this 
                        paragraph shall develop a process to provide 
                        funding directly to eligible entities (as 
                        defined under section 330) in order to achieve 
                        the objectives of such section and ensure that 
                        the bid proceeding and award of the contract 
                        for any covered highway construction project 
                        carried out under that section will be--
                                    ``(I) made without regard to the 
                                particulate matter emission levels of 
                                the fleet of the eligible entity; and
                                    ``(II) consistent with existing 
                                requirements for full and open 
                                competition under section 112.
                            ``(ii) Obligation.--A State may obligate 
                        suballocated funds designated under this 
                        paragraph without regard to any process or 
                        other requirement established under this 
                        section.
            ``(5) Funds not suballocated.--Except as provided in 
        subsection (c), funds apportioned to a State under section 
        104(b)(4) (excluding the amount of funds reserved under 
        subsection (l)) and not suballocated under paragraph (1) shall 
        be made available to such State for programming in any 
        nonattainment or maintenance area in the State.
            ``(6) Factors for calculation of suballocation.--
                    ``(A) In general.--For the purposes of paragraph 
                (2), each State shall weight the population of each 
                such nonattainment or maintenance area by a factor of--
                            ``(i) 1.0 if, at the time of the 
                        apportionment, the area is a maintenance area 
                        for ozone or carbon monoxide;
                            ``(ii) 1.0 if, at the time of the 
                        apportionment, the area is classified as a 
                        marginal ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(iii) 1.1 if, at the time of the 
                        apportionment, the area is classified as a 
                        moderate ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(iv) 1.2 if, at the time of the 
                        apportionment, the area is classified as a 
                        serious ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(v) 1.3 if, at the time of the 
                        apportionment, the area is classified as a 
                        severe ozone nonattainment area under subpart 2 
                        of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(vi) 1.5 if, at the time of the 
                        apportionment, the area is classified as an 
                        extreme ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                            ``(vii) 1.0 if, at the time of the 
                        apportionment, the area is not a nonattainment 
                        or maintenance area for ozone as described in 
                        section 149(b), but is designated under section 
                        107 of the Clean Air Act (42 U.S.C. 7407) as a 
                        nonattainment area for carbon monoxide;
                            ``(viii) 1.0 if, at the time of the 
                        apportionment, the area is designated as 
                        nonattainment for ozone under section 107 of 
                        the Clean Air Act (42 U.S.C. 7407); or
                            ``(ix) 1.2 if, at the time of the 
                        apportionment, the area is not a nonattainment 
                        or maintenance area as described in section 
                        149(b) for ozone, but is designated as a 
                        nonattainment or maintenance area for fine 
                        particulate matter, 2.5 micrometers or less, 
                        under section 107 of the Clean Air Act (42 
                        U.S.C. 7407).
                    ``(B) Other factors.--If, in addition to being 
                designated as a nonattainment or maintenance area for 
                ozone as described in section 149(b), any county within 
                the area was also designated under section 107 of the 
                Clean Air Act (42 U.S.C. 7407) as a nonattainment or 
                maintenance area for carbon monoxide, or was designated 
                under section 107 of the Clean Air Act (42 U.S.C. 7407) 
                as a nonattainment or maintenance area for particulate 
                matter, 2.5 micrometers or less, or both, the weighted 
                nonattainment or maintenance area population of the 
                county, as determined under clauses (i) through (vi), 
                or clause (viii), of subparagraph (A), shall be further 
                multiplied by a factor of 1.2, or a second further 
                factor of 1.2 if the area is designated as a 
                nonattainment or maintenance area for both carbon 
                monoxide and particulate matter, 2.5 micrometers or 
                less.
            ``(7) Exceptions for certain states.--
                    ``(A) A State without a nonattainment or 
                maintenance area shall not be subject to the 
                requirements of this subsection.
                    ``(B) The amount of funds required to be set aside 
                under paragraph (1) in a State that received a minimum 
                apportionment for fiscal year 2009 under section 
                104(b)(2)(D), as in effect on the day before the date 
                of enactment of the MAP-21, shall be based on the 
                amount of funds such State would otherwise have been 
                apportioned under section 104(b)(4) (excluding the 
                amount of funds reserved under subsection (l)) but for 
                the minimum apportionment in fiscal year 2009.
    ``(k) Performance Plan.--
            ``(1) In general.--Each tier I metropolitan planning 
        organization (as defined in section 134) representing a 
        nonattainment or maintenance area shall develop a performance 
        plan that--
                    ``(A) includes an area baseline level for traffic 
                congestion and on-road mobile source emissions for 
                which the area is in nonattainment or maintenance;
                    ``(B) identifies air quality and traffic congestion 
                target levels based on measures established by the 
                Secretary; and
                    ``(C) includes a description of projects identified 
                for funding under this section and a description of how 
                such projects will contribute to achieving emission and 
                traffic congestion reduction targets.
            ``(2) Updated plans.--
                    ``(A) In general.--Performance plans shall be 
                updated on the schedule required under paragraph (3).
                    ``(B) Contents.--An updated plan shall include a 
                separate report that assesses the progress of the 
                program of projects under the previous plan in 
                achieving the air quality and traffic congestion 
                targets of the previous plan.
            ``(3) Rulemaking.--Not later than 18 months after the date 
        of enactment of the MAP-21, the Secretary shall promulgate 
        regulations to implement this subsection that identify 
        performance measures for traffic congestion and on-road mobile 
        source emissions, timelines for performance plans, and 
        requirements under this section for assessing the 
        implementation of projects carried out under this section.
    ``(l) Additional Activities.--
            ``(1) Reservation of funds.--Of the funds apportioned to a 
        State under section 104(b)(4), a State shall reserve the amount 
        of funds attributable to the inclusion of the 10 percent of 
        surface transportation program funds apportioned to such State 
        for fiscal year 2009 in the formula under section 104(b)(4) for 
        projects under this subsection.
            ``(2) Eligible projects.--A State may obligate the funds 
        reserved under this subsection for any of the following 
        projects or activities:
                    ``(A) Transportation enhancements, as defined in 
                section 101.
                    ``(B) The recreational trails program under section 
                206.
                    ``(C) The safe routes to school program under 
                section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 
                Public Law 109-59).
                    ``(D) Planning, designing, or constructing 
                boulevards and other roadways largely in the right-of-
                way of former Interstate System routes or other divided 
                highways.
            ``(3) Allocations of funds.--
                    ``(A) Calculation.--Of the funds reserved in a 
                State under this subsection--
                            ``(i) 50 percent for a fiscal year shall be 
                        obligated under this subsection to any eligible 
                        entity in proportion to their relative shares 
                        of the population of the State--
                                    ``(I) in urbanized areas of the 
                                State with an urbanized area population 
                                of over 200,000;
                                    ``(II) in areas of the State other 
                                than urban areas with a population 
                                greater than 5,000; and
                                    ``(III) in other areas of the 
                                State; and
                            ``(ii) 50 percent shall be obligated in any 
                        area of the State.
                    ``(B) Metropolitan areas.--Funds attributed to an 
                urbanized area under subparagraph (A)(i)(I) may be 
                obligated in the metropolitan area established under 
                section 134 that encompasses the urbanized area.
                    ``(C) Distribution among urbanized areas of over 
                200,000 population.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (A)(ii), the amount of funds that 
                        a State is required to obligate under 
                        subparagraph (A)(i)(I) shall be obligated in 
                        urbanized areas described in subparagraph 
                        (A)(i)(I) based on the relative population of 
                        the areas.
                            ``(ii) Other factors.--The State may 
                        obligate the funds described in clause (i) 
                        based on other factors if the State and the 
                        relevant metropolitan planning organizations 
                        jointly apply to the Secretary for the 
                        permission to base the obligation on other 
                        factors and the Secretary grants the request.
                    ``(D) Access to funds.--
                            ``(i) In general.--Each State or 
                        metropolitan planning organization required to 
                        obligate funds in accordance with subparagraph 
                        (A) shall develop a competitive process to 
                        allow eligible entities to submit projects for 
                        funding that achieve the objectives of this 
                        subsection.
                            ``(ii) Definition of eligible entity.--In 
                        this subsection, the term `eligible entity' 
                        means--
                                    ``(I) a local government;
                                    ``(II) a regional transportation 
                                authority;
                                    ``(III) a transit agency;
                                    ``(IV) a natural resource or public 
                                land agency;
                                    ``(V) a school district, local 
                                education agency, or school;
                                    ``(VI) a tribal government; and
                                    ``(VII) any other local or regional 
                                governmental entity with responsibility 
                                for or oversight of transportation or 
                                recreational trails (other than a tier 
                                I metropolitan planning organization or 
                                a State agency) that the State 
                                determines to be eligible, consistent 
                                with the goals of this subsection.
                    ``(E) Selection of projects.--Each tier I and tier 
                II metropolitan planning organization shall select 
                projects carried out within the boundaries of the 
                applicable metropolitan planning area, in consultation 
                with the relevant State, for funds reserved in a State 
                under this subsection and suballocated to the 
                metropolitan planning area under subparagraph (A)(i).
            ``(4) Flexibility of excess reserved funding.--Beginning in 
        the second fiscal year after the date of enactment of the MAP-
        21, if on August 1 of that fiscal year the unobligated balance 
        of available funds apportioned to a State under section 
        104(b)(4) and reserved by a State under this subsection exceeds 
        150 percent of such reserved amount in such fiscal year, the 
        State may thereafter obligate the amount of excess funds for 
        any activity--
                    ``(A) that is eligible to receive funding under 
                this subsection; or
                    ``(B) for which the Secretary has approved the 
                obligation of funds for any State under this section.
            ``(5) Provision of adequate data, modeling, and support.--
        In any case in which a State requests reasonable technical 
        support or otherwise requests data (including planning models 
        and other modeling), clarification, or guidance regarding the 
        content of any final rule or applicable regulation material to 
        State actions under this section, the Secretary and any other 
        agency shall provide that support, clarification, or guidance 
        in a timely manner.
            ``(6) Treatment of projects.--Notwithstanding any other 
        provision of law, projects funded under this subsection shall 
        be treated as projects on a Federal-aid highway under this 
        chapter.
            ``(7) Continuation of certain recreational trails 
        projects.--Each State that does not opt out of this paragraph 
        shall--
                    ``(A) obligate an amount of funds reserved under 
                this section equal to the amount of the funds 
                apportioned to the State for fiscal year 2009 under 
                section 104(h)(2) for projects relating to recreational 
                trails under section 206;
                    ``(B) return 1 percent of those funds to the 
                Secretary for the administration of that program; and
                    ``(C) comply with the provisions of the 
                administration of the recreational trails program under 
                section 206, including the use of apportioned funds 
                described under subsection (d)(3)(A) of that section.
            ``(8) State flexibility.--A State may opt out of the 
        recreational trails program under paragraph (7) if the Governor 
        of the State notifies the Secretary not later than 30 days 
        prior to apportionments being made for any fiscal year.''.

SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

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

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

SEC. 1115. NATIONAL FREIGHT PROGRAM.

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

``167. National freight program.''.

SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by striking sections 201 through 204 and inserting the 
following:
``Sec. 201. Federal lands and tribal transportation programs
    ``(a) Purpose.--Recognizing the need for all public Federal and 
tribal transportation facilities to be treated under uniform policies 
similar to the policies that apply to Federal-aid highways and other 
public transportation facilities, the Secretary of Transportation, in 
collaboration with the Secretaries of the appropriate Federal land 
management agencies, shall coordinate a uniform policy for all public 
Federal and tribal transportation facilities that shall apply to 
Federal lands transportation facilities, tribal transportation 
facilities, and Federal lands access transportation facilities.
    ``(b) Availability of Funds.--
            ``(1) Availability.--Funds authorized for the tribal 
        transportation program, the Federal lands transportation 
        program, and the Federal lands access program shall be 
        available for contract upon apportionment, or on October 1 of 
        the fiscal year for which the funds were authorized if no 
        apportionment is required.
            ``(2) Amount remaining.--Any amount remaining unexpended 
        for a period of 3 years after the close of the fiscal year for 
        which the funds were authorized shall lapse.
            ``(3) Obligations.--The Secretary of the department 
        responsible for the administration of funds under this 
        subsection may incur obligations, approve projects, and enter 
        into contracts under such authorizations, which shall be 
        considered to be contractual obligations of the United States 
        for the payment of the cost thereof, the funds of which shall 
        be considered to have been expended when obligated.
            ``(4) Expenditure.--
                    ``(A) In general.--Any funds authorized for any 
                fiscal year after the date of enactment of this section 
                under the Federal lands transportation program, the 
                Federal lands access program, and the tribal 
                transportation program shall be considered to have been 
                expended if a sum equal to the total of the sums 
                authorized for the fiscal year and previous fiscal 
                years have been obligated.
                    ``(B) Credited funds.--Any funds described in 
                subparagraph (A) that are released by payment of final 
                voucher or modification of project authorizations shall 
                be--
                            ``(i) credited to the balance of 
                        unobligated authorizations; and
                            ``(ii) immediately available for 
                        expenditure.
            ``(5) Applicability.--This section shall not apply to funds 
        authorized before the date of enactment of this paragraph.
            ``(6) Contractual obligation.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law (including regulations), the 
                authorization by the Secretary, or the Secretary of the 
                appropriate Federal land management agency if the 
                agency is the contracting office, of engineering and 
                related work for the development, design, and 
                acquisition associated with a construction project, 
                whether performed by contract or agreement authorized 
                by law, or the approval by the Secretary of plans, 
                specifications, and estimates for construction of a 
                project, shall be considered to constitute a 
                contractual obligation of the Federal Government to pay 
                the total eligible cost of--
                            ``(i) any project funded under this title; 
                        and
                            ``(ii) any project funded pursuant to 
                        agreements authorized by this title or any 
                        other title.
                    ``(B) Effect.--Nothing in this paragraph--
                            ``(i) affects the application of the 
                        Federal share associated with the project being 
                        undertaken under this section; or
                            ``(ii) modifies the point of obligation 
                        associated with Federal salaries and expenses.
            ``(7) Federal share.--
                    ``(A) Tribal and federal lands transportation 
                program.--The Federal share of the cost of a project 
                carried out under the Federal lands transportation 
                program or the tribal transportation program shall be 
                100 percent.
                    ``(B) Federal lands access program.--The Federal 
                share of the cost of a project carried out under the 
                Federal lands access program shall be determined in 
                accordance with section 120.
    ``(c) Transportation Planning.--
            ``(1) Transportation planning procedures.--In consultation 
        with the Secretary of each appropriate Federal land management 
        agency, the Secretary shall implement transportation planning 
        procedures for Federal lands and tribal transportation 
        facilities that are consistent with the planning processes 
        required under sections 134 and 135.
            ``(2) Approval of transportation improvement program.--The 
        transportation improvement program developed as a part of the 
        transportation planning process under this section shall be 
        approved by the Secretary.
            ``(3) Inclusion in other plans.--Each regionally 
        significant tribal transportation program, Federal lands 
        transportation program, and Federal lands access program 
        project shall be--
                    ``(A) developed in cooperation with State and 
                metropolitan planning organizations; and
                    ``(B) included in appropriate tribal transportation 
                program plans, Federal lands transportation program 
                plans, Federal lands access program plans, State and 
                metropolitan plans, and transportation improvement 
                programs.
            ``(4) Inclusion in state programs.--The approved tribal 
        transportation program, Federal lands transportation program, 
        and Federal lands access program transportation improvement 
        programs shall be included in appropriate State and 
        metropolitan planning organization plans and programs without 
        further action on the transportation improvement program.
            ``(5) Asset management.--The Secretary and the Secretary of 
        each appropriate Federal land management agency shall, to the 
        extent appropriate, implement safety, bridge, pavement, and 
        congestion management systems for facilities funded under the 
        tribal transportation program and the Federal lands 
        transportation program in support of asset management.
            ``(6) Data collection.--
                    ``(A) Data collection.--The Secretaries of the 
                appropriate Federal land management agencies shall 
                collect and report data necessary to implement the 
                Federal lands transportation program, the Federal lands 
                access program, and the tribal transportation program, 
                including--
                            ``(i) inventory and condition information 
                        on Federal lands transportation facilities and 
                        tribal transportation facilities; and
                            ``(ii) bridge inspection and inventory 
                        information on any Federal bridge open to the 
                        public.
                    ``(B) Standards.--The Secretary, in coordination 
                with the Secretaries of the appropriate Federal land 
                management agencies, shall define the collection and 
                reporting data standards.
            ``(7) Administrative expenses.--To implement the activities 
        described in this subsection, including direct support of 
        transportation planning activities among Federal land 
        management agencies, the Secretary may use not more than 5 
        percent for each fiscal year of the funds authorized for 
        programs under sections 203 and 204.
    ``(d) Reimbursable Agreements.--In carrying out work under 
reimbursable agreements with any State, local, or tribal government 
under this title, the Secretary--
            ``(1) may, without regard to any other provision of law 
        (including regulations), record obligations against accounts 
        receivable from the entity; and
            ``(2) shall credit amounts received from the entity to the 
        appropriate account, which shall occur not later than 90 days 
        after the date of the original request by the Secretary for 
        payment.
    ``(e) Transfers.--
            ``(1) In general.--To enable the efficient use of funds 
        made available for the Federal lands transportation program and 
        the Federal lands access program, the funds may be transferred 
        by the Secretary within and between each program with the 
        concurrence of, as appropriate--
                    ``(A) the Secretary;
                    ``(B) the affected Secretaries of the respective 
                Federal land management agencies;
                    ``(C) State departments of transportation; and
                    ``(D) local government agencies.
            ``(2) Credit.--The funds described in paragraph (1) shall 
        be credited back to the loaning entity with funds that are 
        currently available for obligation at the time of the credit.
``Sec. 202. Tribal transportation program
    ``(a) Use of Funds.--
            ``(1) In general.--Funds made available under the tribal 
        transportation program shall be used by the Secretary of 
        Transportation and the Secretary of the Interior to pay the 
        costs of--
                    ``(A)(i) transportation planning, research, 
                maintenance, engineering, rehabilitation, restoration, 
                construction, and reconstruction of tribal 
                transportation facilities;
                    ``(ii) adjacent vehicular parking areas;
                    ``(iii) interpretive signage;
                    ``(iv) acquisition of necessary scenic easements 
                and scenic or historic sites;
                    ``(v) provisions for pedestrians and bicycles;
                    ``(vi) environmental mitigation in or adjacent to 
                tribal land--
                            ``(I) to improve public safety and reduce 
                        vehicle-caused wildlife mortality while 
                        maintaining habitat connectivity; and
                            ``(II) to mitigate the damage to wildlife, 
                        aquatic organism passage, habitat, and 
                        ecosystem connectivity, including the costs of 
                        constructing, maintaining, replacing, or 
                        removing culverts and bridges, as appropriate;
                    ``(vii) construction and reconstruction of roadside 
                rest areas, including sanitary and water facilities; 
                and
                    ``(viii) other appropriate public road facilities 
                as determined by the Secretary;
                    ``(B) operation and maintenance of transit programs 
                and facilities that are located on, or provide access 
                to, tribal land, or are administered by a tribal 
                government; and
                    ``(C) any transportation project eligible for 
                assistance under this title that is located within, or 
                that provides access to, tribal land, or is associated 
                with a tribal government.
            ``(2) Contract.--In connection with an activity described 
        in paragraph (1), the Secretary and the Secretary of the 
        Interior may enter into a contract or other appropriate 
        agreement with respect to the activity with--
                    ``(A) a State (including a political subdivision of 
                a State); or
                    ``(B) an Indian tribe.
            ``(3) Indian labor.--Indian labor may be employed, in 
        accordance with such rules and regulations as may be 
        promulgated by the Secretary of the Interior, to carry out any 
        construction or other activity described in paragraph (1).
            ``(4) Federal employment.--No maximum limitation on Federal 
        employment shall be applicable to the construction or 
        improvement of tribal transportation facilities.
            ``(5) Funds for construction and improvement.--All funds 
        made available for the construction and improvement of tribal 
        transportation facilities shall be administered in conformity 
        with regulations and agreements jointly approved by the 
        Secretary and the Secretary of the Interior.
            ``(6) Tribal technical assistance centers.--The Secretary 
        of the Interior may reserve amounts from administrative funds 
        of the Bureau of Indian Affairs that are associated with the 
        tribal transportation program to fund tribal technical 
        assistance centers under section 504(b).
            ``(7) Maintenance.--
                    ``(A) Use of funds.--Notwithstanding any other 
                provision of this title, of the amount of funds 
                allocated to an Indian tribe from the tribal 
                transportation program, for the purpose of maintenance 
                (excluding road sealing, which shall not be subject to 
                any limitation), the Secretary shall not use an amount 
                more than the greater of--
                            ``(i) an amount equal to 25 percent; or
                            ``(ii) $500,000.
                    ``(B) Responsibility of bureau of indian affairs 
                and secretary of the interior.--
                            ``(i) Bureau of indian affairs.--The Bureau 
                        of Indian Affairs shall retain primary 
                        responsibility, including annual funding 
                        request responsibility, for Bureau of Indian 
                        Affairs road maintenance programs on Indian 
                        reservations.
                            ``(ii) Secretary of the interior.--The 
                        Secretary of the Interior shall ensure that 
                        funding made available under this subsection 
                        for maintenance of tribal transportation 
                        facilities for each fiscal year is 
                        supplementary to, and not in lieu of, any 
                        obligation of funds by the Bureau of Indian 
                        Affairs for road maintenance programs on Indian 
                        reservations.
                    ``(C) Tribal-state road maintenance agreements.--
                            ``(i) In general.--An Indian tribe and a 
                        State may enter into a road maintenance 
                        agreement under which an Indian tribe shall 
                        assume the responsibility of the State for--
                                    ``(I) tribal transportation 
                                facilities; and
                                    ``(II) roads providing access to 
                                tribal transportation facilities.
                            ``(ii) Requirements.--Agreements entered 
                        into under clause (i) shall--
                                    ``(I) be negotiated between the 
                                State and the Indian tribe; and
                                    ``(II) not require the approval of 
                                the Secretary.
            ``(8) Cooperation.--
                    ``(A) In general.--The cooperation of States, 
                counties, or other local subdivisions may be accepted 
                in construction and improvement.
                    ``(B) Funds received.--Any funds received from a 
                State, county, or local subdivision shall be credited 
                to appropriations available for the tribal 
                transportation program.
            ``(9) Competitive bidding.--
                    ``(A) Construction.--
                            ``(i) In general.--Subject to clause (ii) 
                        and subparagraph (B), construction of each 
                        project shall be performed by contract awarded 
                        by competitive bidding.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply if the Secretary or the Secretary of the 
                        Interior affirmatively finds that, under the 
                        circumstances relating to the project, a 
                        different method is in the public interest.
                    ``(B) Applicability.--Notwithstanding subparagraph 
                (A), section 23 of the Act of June 25, 1910 (25 U.S.C. 
                47) and section 7(b) of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450e(b)) shall 
                apply to all funds administered by the Secretary of the 
                Interior that are appropriated for the construction and 
                improvement of tribal transportation facilities.
    ``(b) Funds Distribution.--
            ``(1) National tribal transportation facility inventory.--
                    ``(A) In general.--The Secretary of the Interior, 
                in cooperation with the Secretary, shall maintain a 
                comprehensive national inventory of tribal 
                transportation facilities that are eligible for 
                assistance under the tribal transportation program.
                    ``(B) Transportation facilities included in the 
                inventory.--For purposes of identifying the tribal 
                transportation system and determining the relative 
                transportation needs among Indian tribes, the Secretary 
                shall include, at a minimum, transportation facilities 
                that are eligible for assistance under the tribal 
                transportation program that an Indian tribe has 
                requested, including facilities that--
                            ``(i) were included in the Bureau of Indian 
                        Affairs system inventory prior to October 1, 
                        2004;
                            ``(ii) are owned by an Indian tribal 
                        government;
                            ``(iii) are owned by the Bureau of Indian 
                        Affairs;
                            ``(iv) were constructed or reconstructed 
                        with funds from the Highway Account of the 
                        Transportation Trust Fund under the Indian 
                        reservation roads program since 1983;
                            ``(v) are public roads or bridges within 
                        the exterior boundary of Indian reservations, 
                        Alaska Native villages, and other recognized 
                        Indian communities (including communities in 
                        former Indian reservations in the State of 
                        Oklahoma) in which the majority of residents 
                        are American Indians or Alaska Natives;
                            ``(vi) are public roads within or providing 
                        access to an Indian reservation or Indian trust 
                        land or restricted Indian land that is not 
                        subject to fee title alienation without the 
                        approval of the Federal Government, or Indian 
                        or Alaska Native villages, groups, or 
                        communities in which Indians and Alaska Natives 
                        reside, whom the Secretary of the Interior has 
                        determined are eligible for services generally 
                        available to Indians under Federal laws 
                        specifically applicable to Indians; or
                            ``(vii) are primary access routes proposed 
                        by tribal governments, including roads between 
                        villages, roads to landfills, roads to drinking 
                        water sources, roads to natural resources 
                        identified for economic development, and roads 
                        that provide access to intermodal terminals, 
                        such as airports, harbors, or boat landings.
                    ``(C) Limitation on primary access routes.--For 
                purposes of this paragraph, a proposed primary access 
                route is the shortest practicable route connecting 2 
                points of the proposed route.
                    ``(D) Additional facilities.--Nothing in this 
                paragraph precludes the Secretary from including 
                additional transportation facilities that are eligible 
                for funding under the tribal transportation program in 
                the inventory used for the national funding allocation 
                if such additional facilities are included in the 
                inventory in a uniform and consistent manner 
                nationally.
                    ``(E) Bridges.--All bridges in the inventory shall 
                be recorded in the national bridge inventory 
                administered by the Secretary under section 144.
            ``(2) Regulations.--Notwithstanding sections 563(a) and 
        565(a) of title 5, the Secretary of the Interior shall maintain 
        any regulations governing the tribal transportation program.
            ``(3) Basis for funding formula.--
                    ``(A) Basis.--
                            ``(i) In general.--After making the set 
                        asides authorized under subsections (c), (d), 
                        and (e) on October 1 of each fiscal year, the 
                        Secretary shall distribute the remainder 
                        authorized to be appropriated for the tribal 
                        transportation program under this section among 
                        Indian tribes as follows:
                                    ``(I) For fiscal year 2012--
                                            ``(aa) for each Indian 
                                        tribe, 80 percent of the total 
                                        relative need distribution 
                                        factor and population 
                                        adjustment factor for the 
                                        fiscal year 2011 funding amount 
                                        made available to that Indian 
                                        tribe; and
                                            ``(bb) the remainder using 
                                        tribal shares as described in 
                                        subparagraphs (B) and (C).
                                    ``(II) For fiscal year 2013--
                                            ``(aa) for each Indian 
                                        tribe, 60 percent of the total 
                                        relative need distribution 
                                        factor and population 
                                        adjustment factor for the 
                                        fiscal year 2011 funding amount 
                                        made available to that Indian 
                                        tribe; and
                                            ``(bb) the remainder using 
                                        tribal shares as described in 
                                        subparagraphs (B) and (C).
                                    ``(III) For fiscal year 2014--
                                            ``(aa) for each Indian 
                                        tribe, 40 percent of the total 
                                        relative need distribution 
                                        factor and population 
                                        adjustment factor for the 
                                        fiscal year 2011 funding amount 
                                        made available to that Indian 
                                        tribe; and
                                            ``(bb) the remainder using 
                                        tribal shares as described in 
                                        subparagraphs (B) and (C).
                                    ``(IV) For fiscal year 2015--
                                            ``(aa) for each Indian 
                                        tribe, 20 percent of the total 
                                        relative need distribution 
                                        factor and population 
                                        adjustment factor for the 
                                        fiscal year 2011 funding amount 
                                        made available to that Indian 
                                        tribe; and
                                            ``(bb) the remainder using 
                                        tribal shares as described in 
                                        subparagraphs (B) and (C).
                                    ``(V) For fiscal year 2016 and 
                                thereafter, using tribal shares as 
                                described in subparagraphs (B) and (C).
                            ``(ii) Tribal high priority projects.--The 
                        High Priority Projects program as included in 
                        the Tribal Transportation Allocation 
                        Methodology of part 170 of title 25, Code of 
                        Federal Regulations (as in effect on the date 
                        of enactment of the MAP-21), shall not continue 
                        in effect.
                    ``(B) Tribal shares.--Tribal shares under this 
                program shall be determined using the national tribal 
                transportation facility inventory as calculated for 
                fiscal year 2012, and the most recent data on American 
                Indian and Alaska Native population within each Indian 
                tribe's American Indian/Alaska Native Reservation or 
                Statistical Area, as computed under the Native American 
                Housing Assistance and Self-Determination Act of 1996 
                (25 U.S.C. 4101 et seq.), in the following manner:
                            ``(i) 30 percent in the ratio that the 
                        total eligible lane mileage in each tribe bears 
                        to the total eligible lane mileage of all 
                        American Indians and Alaskan Natives. For the 
                        purposes of this calculation--
                                    ``(I) eligible lane mileage shall 
                                be computed based on the inventory 
                                described in paragraph (1), using only 
                                facilities included in the inventory 
                                described in clause (i), (ii), or (iii) 
                                of paragraph (1)(B); and
                                    ``(II) paved roads and gravel 
                                surfaced roads are deemed to equal 2 
                                lane miles per mile of inventory, and 
                                earth surfaced roads and unimproved 
                                roads shall be deemed to equal 1 lane 
                                mile per mile of inventory.
                            ``(ii) 35 percent in the ratio that the 
                        total population in each tribe bears to the 
                        total population of all American Indians and 
                        Alaskan Natives.
                            ``(iii) 35 percent shall be divided equally 
                        among each Bureau of Indian Affairs region for 
                        distribution of tribal shares as follows:
                                    ``(I) \1/4\ of 1 percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 1 to 25.
                                    ``(II) \3/4\ of 1 percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 26 to 100.
                                    ``(III) 3\3/4\ percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 101 to 1,000.
                                    ``(IV) 20 percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 1,001 to 10,000.
                                    ``(V) 74\3/4\ percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 10,001 to 60,000 
                                where 3 or more Indian tribes occupy 
                                this category in a single Bureau of 
                                Indian Affairs region, and Bureau of 
                                Indian Affairs regions containing less 
                                than 3 Indian tribes in this category 
                                shall receive funding in accordance 
                                with subclause (IV) and clause (iv).
                                    ``(VI) \1/2\ of 1 percent shall be 
                                distributed equally among Indian tribes 
                                with populations of 60,001 or more.
                            ``(iv) For a Bureau of Indian Affairs 
                        region that has no Indian tribes meeting the 
                        population criteria under 1 or more of 
                        subclauses (I) through (VI) of clause (iii), 
                        the region shall redistribute any funds subject 
                        to such clause or clauses among any such 
                        clauses for which the region has Indian tribes 
                        meeting such criteria proportionally in 
                        accordance with the percentages listed in such 
                        clauses until such funds are completely 
                        distributed.
                    ``(C) Tribal supplemental funding.--
                            ``(i) Tribal supplemental funding amount.--
                        Of funds made available for each fiscal year 
                        for the tribal transportation program, the 
                        Secretary shall set aside the following amount 
                        for a tribal supplemental program:
                                    ``(I) If the amount made available 
                                for the tribal transportation program 
                                is less than or equal to $275,000,000, 
                                30 percent of such amount.
                                    ``(II) If the amount made available 
                                for the tribal transportation program 
                                exceeds $275,000,000--
                                            ``(aa) $82,500,000; plus
                                            ``(bb) 12.5 percent of the 
                                        amount made available for the 
                                        tribal transportation program 
                                        in excess of $275,000,000.
                            ``(ii) Tribal supplemental allocation.--The 
                        Secretary shall distribute tribal supplemental 
                        funds as follows:
                                    ``(I) Distribution among regions.--
                                Of the amounts set aside under clause 
                                (i), the Secretary shall distribute to 
                                each region of the Bureau of Indian 
                                Affairs a share of tribal supplemental 
                                funds in proportion to the regional 
                                total of tribal shares based on the 
                                cumulative tribal shares of all Indian 
                                tribes within such region under 
                                subparagraph (B).
                                    ``(II) Distribution within a 
                                region.--Of the amount that a region 
                                receives under subclause (I), the 
                                Secretary shall distribute tribal 
                                supplemental funding among Indian 
                                tribes within such region as follows:
                                            ``(aa) Tribal supplemental 
                                        amounts.--The Secretary shall 
                                        determine--

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

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

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

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

SEC. 1117. ALASKA HIGHWAY.

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

SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

    (a) Establishment of Program.--The Secretary shall establish a 
program in accordance with this section to provide grants for projects 
of national and regional significance.
    (b) Purpose of Program.--The purpose of the projects of national 
and regional significance program shall be to fund critical high-cost 
surface transportation infrastructure projects that are difficult to 
complete with existing Federal, State, local, and private funds and 
that will--
            (1) generate national and regional economic benefits and 
        increase global economic competitiveness;
            (2) reduce congestion and its impacts;
            (3) improve roadways vital to national energy security;
            (4) improve movement of freight and people; and
            (5) improve transportation safety.
    (c) Definitions.--In this section:
            (1) Eligible applicant.--The term ``eligible applicant'' 
        means a State department of transportation or a group of State 
        departments of transportation, a local government, a tribal 
        government or consortium of tribal governments, a transit 
        agency, a port authority, a metropolitan planning organization, 
        other political subdivisions of State or local governments, or 
        a multi-State or multi-jurisdictional group of the 
        aforementioned entities.
            (2) Eligible project.--The term ``eligible project'' means 
        a surface transportation project or a program of integrated 
        surface transportation projects closely related in the function 
        they perform that--
                    (A) is a capital project or projects--
                            (i) eligible for Federal financial 
                        assistance under title 23, United States Code, 
                        or under chapter 53 of title 49, United States 
                        Code; or
                            (ii) for surface transportation 
                        infrastructure to facilitate intermodal 
                        interchange, transfer, and access into and out 
                        of intermodal facilities, including ports; and
                    (B) has eligible project costs that are reasonably 
                anticipated to equal or exceed the lesser of--
                            (i) $500,000,000;
                            (ii) for a project located in a single 
                        State, 30 percent of the amount of Federal-aid 
                        highway funds apportioned for the most recently 
                        completed fiscal year to the State; or
                            (iii) for a project located in more than 1 
                        State, 75 percent of the amount of Federal-aid 
                        highway funds apportioned for the most recently 
                        completed fiscal year to the State in which the 
                        project is located that has the largest 
                        apportionment.
            (3) Eligible project costs.--The term ``eligible project 
        costs'' means the costs of--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities;
                    (B) construction, reconstruction, rehabilitation, 
                and acquisition of real property (including land 
                related to the project and improvements to land), 
                environmental mitigation, construction contingencies, 
                acquisition of equipment directly related to improving 
                system performance, and operational improvements; and
                    (C) all financing costs, including subsidy costs 
                under the Transportation Infrastructure Finance and 
                Innovation Act program.
    (d) Solicitations and Applications.--
            (1) Grant solicitations.--The Secretary shall establish 
        criteria for project evaluation and conduct a transparent and 
        competitive national solicitation process to select projects 
        for funding to carry out the purposes of this section.
            (2) Applications.--
                    (A) In general.--An eligible applicant seeking a 
                grant under this section for an eligible project shall 
                submit an application to the Secretary in such form and 
                in accordance with such requirements as the Secretary 
                shall establish.
                    (B) Contents.--An application under this subsection 
                shall, at a minimum, include data on current system 
                performance and estimated system improvements that will 
                result from completion of the eligible project, 
                including projections for 2, 7, and 15 years after 
                completion.
                    (C) Resubmission of applications.--An eligible 
                applicant whose project is not selected by the 
                Secretary may resubmit an application in any subsequent 
                solicitation.
    (e) Criteria for Project Evaluation and Selection.--
            (1) In general.--The Secretary may select a project only if 
        the Secretary determines that the project--
                    (A) will significantly improve the performance of 
                the national surface transportation network, nationally 
                or regionally;
                    (B) is based on the results of preliminary 
                engineering;
                    (C) cannot be readily and efficiently completed 
                without Federal support from this program;
                    (D) is justified based on the ability of the 
                project--
                            (i) to generate national economic benefits 
                        that reasonably exceed its costs, including 
                        increased access to jobs, labor, and other 
                        critical economic inputs;
                            (ii) to reduce long-term congestion, 
                        including impacts in the State, region, and 
                        Nation, and increase speed, reliability, and 
                        accessibility of the movement of people or 
                        freight; and
                            (iii) to improve transportation safety, 
                        including reducing transportation accidents, 
                        and serious injuries and fatalities; and
                    (E) is supported by an acceptable degree of non-
                Federal financial commitments, including evidence of 
                stable and dependable financing sources to construct, 
                maintain, and operate the infrastructure facility.
            (2) Additional considerations.--In evaluating a project 
        under this section, in addition to the criteria in paragraph 
        (1), the Secretary shall consider the extent to which the 
        project--
                    (A) leverages Federal investment by encouraging 
                non-Federal contributions to the project, including 
                contributions from public-private partnerships;
                    (B) is able to begin construction within 18 months 
                of being selected;
                    (C) incorporates innovative project delivery and 
                financing where practical;
                    (D) stimulates collaboration between States and 
                among State and local governments;
                    (E) helps maintain or protect the environment;
                    (F) improves roadways vital to national energy 
                security;
                    (G) uses innovative technologies, including 
                intelligent transportation systems, that enhance the 
                efficiency of the project; and
                    (H) contributes to an equitable geographic 
                distribution of funds under this section and an 
                appropriate balance in addressing the needs of urban 
                and rural communities.
    (f) Grant Requirements.--
            (1) In general.--A grant for a project under this section 
        shall be subject to the following requirements:
                    (A) A qualifying highway project eligible for 
                funding under title 23, United States Code, or public 
                transportation project eligible under chapter 53 of 
                title 49, United States Code, shall comply with all 
                applicable requirements of such title or chapter except 
                that, if the project contains elements or activities 
                that are not eligible for funding under such title or 
                chapter but are eligible for funding under this 
                section, the elements or activities shall comply with 
                the requirements described in subparagraph (B).
                    (B) A qualifying surface transportation project not 
                eligible under title 23, United States Code, or chapter 
                53 of title 49, United States Code, shall comply with 
                the requirements of subchapter IV of chapter 31 of 
                title 40, United States Code, section 10a-d of title 
                41, United States Code, and such other terms, 
                conditions, and requirements as the Secretary 
                determines are necessary and appropriate for the type 
                of project.
            (2) Determination of applicable modal requirements.--In the 
        event that a project has cross-modal components, the Secretary 
        shall have the discretion to designate the requirements that 
        shall apply to the project based on predominant components.
            (3) Other terms and conditions.--The Secretary shall 
        require that all grants under this section be subject to all 
        terms, conditions, and requirements that the Secretary decides 
        are necessary or appropriate for purposes of this section, 
        including requirements for the disposition of net increases in 
        value of real property resulting from the project assisted 
        under this section.
    (g) Federal Share of Project Cost.--
            (1) In general.--If a project funded under this section is 
        to construct or improve a privately owned facility or would 
        primarily benefit a private entity, the Federal share shall be 
        the lesser of 50 percent of the total project cost or the 
        quantified public benefit of the project. For all other 
        projects funded under this section--
                    (A) the Federal share of funds under this section 
                shall be up to 50 percent of the project cost; and
                    (B) the project sponsor may use other eligible 
                Federal transportation funds to cover up to an 
                additional 30 percent of the project costs.
            (2) Pre-approval costs.--The Secretary may allow costs 
        incurred prior to project approval to be used as a credit 
        toward the non-Federal share of the cost of the project. Such 
        costs must be adequately documented, necessary, reasonable, and 
        allocable to the current phase of the project and such costs 
        may not be included as a cost or used to meet cost-sharing or 
        matching requirements of any other federally-financed project.
    (h) Report to the Secretary.--For each project funded under this 
section, the project sponsor shall reassess system performance and 
report to the Secretary 2, 7, and 15 years after completion of the 
project to assess if the project outcomes have met pre-construction 
projections.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, to remain available until 
expended, $1,000,000,000 for fiscal year 2013.
    (j) Treatment of Projects.--Notwithstanding any other provision of 
law, projects funded under this section shall be treated as projects on 
a Federal-aid highway under chapter 1 of title 23, United States Code.
    (k) Reports.--
            (1) Secretary.--
                    (A) In general.--Not later than 30 days after the 
                date on which the Secretary selects a project for 
                funding under this section, the Secretary shall submit 
                to the Committee on Environment and Public Works of the 
                Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                that describes the reasons for selecting the project, 
                based on the criteria described in subsection (e).
                    (B) Inclusions.--The report submitted under 
                subparagraph (A) shall specify each criteria described 
                in subsection (e) that the project meets.
                    (C) Availability.--The Secretary shall make 
                available on the website of the Department the report 
                submitted under subparagraph (A).
            (2) Comptroller general.--
                    (A) Assessment.--The Comptroller General of the 
                United States shall conduct an assessment of the 
                establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                projects under this section.
                    (B) Report.--Not later than 3 years after the date 
                of enactment of this Act, the Comptroller General of 
                the United States shall submit to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a report that describes--
                            (i) the process by which each project was 
                        selected;
                            (ii) the factors that went into the 
                        selection of each project; and
                            (iii) the justification for the selection 
                        of each project based on the criteria described 
                        in subsection (e).
            (3) Inspector general.--
                    (A) Assessment.--The Inspector General of the 
                Department shall conduct an assessment of the 
                establishment, solicitation, selection, and 
                justification process with respect to the funding of 
                projects under this section.
                    (B) Initial report.--Not later than 2 years after 
                the date of enactment of this Act, the Inspector 
                General of the Department shall submit to the Committee 
                on Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a report that describes the 
                initial results of the assessment conducted under 
                subparagraph (A).
                    (C) Final report.--Not later than 4 years after the 
                date of enactment of this Act, the Inspector General of 
                the Department shall submit to the Committee on 
                Environment and Public Works of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a final report that describes 
                the findings of the Inspector General of the Department 
                with respect to the assessment conducted under 
                subparagraph (A).
    (l) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall promulgate final 
        regulations implementing the program authorized under this 
        section.
            (2) Interim provisions.--Until the date on which the 
        Secretary promulgates final regulations under paragraph (1), 
        any amounts made available under subsection (i) to carry out 
        this section shall be distributed in accordance with--
                    (A) the guidance and policies developed for the 
                distribution of grants under the program using the 
                notice of funding availability entitled ``Notice of 
                Funding Availability for the Department of 
                Transportation's National Infrastructure Investments 
                Under the Full-Year Continuing Appropriations, 2012; 
                and Request for Comments'' (77 Fed. Reg. 4863 (January 
                31, 2012)); or
                    (B) such guidance and policies as subsequently 
                revised and updated.

SEC. 1119. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

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

                   Subtitle B--Performance Management

SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.

    Section 134 of title 23, United States Code, is amended to read as 
follows:
``Sec. 134. Metropolitan transportation planning
    ``(a) Policy.--It is in the national interest--
            ``(1) to encourage and promote the safe, cost-effective, 
        and efficient management, operation, and development of surface 
        transportation systems that will serve efficiently the mobility 
        needs of individuals and freight, reduce transportation-related 
        fatalities and serious injuries, and foster economic growth and 
        development within and between States and urbanized areas, 
        while fitting the needs and complexity of individual 
        communities, maximizing value for taxpayers, leveraging 
        cooperative investments, and minimizing transportation-related 
        fuel consumption and air pollution through the metropolitan and 
        statewide transportation planning processes identified in this 
        title;
            ``(2) to encourage the continued improvement, evolution, 
        and coordination of the metropolitan and statewide 
        transportation planning processes by and among metropolitan 
        planning organizations, State departments of transportation, 
        regional planning organizations, interstate partnerships, and 
        public transportation and intercity service operators as guided 
        by the planning factors identified in subsection (h) of this 
        section and section 135(d);
            ``(3) to encourage and promote transportation needs and 
        decisions that are integrated with other planning needs and 
        priorities; and
            ``(4) to maximize the effectiveness of transportation 
        investments.
    ``(b) Definitions.--In this section and section 135, the following 
definitions shall apply:
            ``(1) Existing mpo.--The term `existing MPO' means a 
        metropolitan planning organization that was designated as a 
        metropolitan planning organization on the day before the date 
        of enactment of the MAP-21.
            ``(2) Local official.--The term `local official' means any 
        elected or appointed official of general purpose local 
        government with responsibility for transportation in a 
        designated area.
            ``(3) Maintenance area.--The term `maintenance area' means 
        an area that was designated as an air quality nonattainment 
        area, but was later redesignated by the Administrator of the 
        Environmental Protection Agency as an air quality attainment 
        area, under section 107(d) of the Clean Air Act (42 U.S.C. 
        7407(d)).
            ``(4) Metropolitan planning area.--The term `metropolitan 
        planning area' means a geographical area determined by 
        agreement between the metropolitan planning organization for 
        the area and the applicable Governor under subsection (c).
            ``(5) Metropolitan planning organization.--The term 
        `metropolitan planning organization' means the policy board of 
        an organization established pursuant to subsection (c).
            ``(6) Metropolitan transportation plan.--The term 
        `metropolitan transportation plan' means a plan developed by a 
        metropolitan planning organization under subsection (i).
            ``(7) Nonattainment area.--The term `nonattainment area' 
        has the meaning given the term in section 171 of the Clean Air 
        Act (42 U.S.C. 7501).
            ``(8) Nonmetropolitan area.--
                    ``(A) In general.--The term `nonmetropolitan area' 
                means a geographical area outside the boundaries of a 
                designated metropolitan planning area.
                    ``(B) Inclusions.--The term `nonmetropolitan area' 
                includes--
                            ``(i) a small urbanized area with a 
                        population of more than 50,000, but fewer than 
                        200,000, individuals, as calculated according 
                        to the most recent decennial census; and
                            ``(ii) a nonurbanized area.
            ``(9) Nonmetropolitan planning organization.--The term 
        `nonmetropolitan planning organization' means an organization 
        that--
                    ``(A) was designated as a metropolitan planning 
                organization as of the day before the date of enactment 
                of the MAP-21; and
                    ``(B) is not designated as a tier I MPO or tier II 
                MPO.
            ``(10) Regionally significant.--The term `regionally 
        significant', with respect to a transportation project, 
        program, service, or strategy, means a project, program, 
        service, or strategy that--
                    ``(A) serves regional transportation needs (such as 
                access to and from the area outside of the region, 
                major activity centers in the region, and major planned 
                developments); and
                    ``(B) would normally be included in the modeling of 
                a transportation network of a metropolitan area.
            ``(11) Rural planning organization.--The term `rural 
        planning organization' means an organization that--
                    ``(A) is responsible for the planning, 
                coordination, and implementation of statewide 
                transportation plans and programs outside of a 
                metropolitan area, with an emphasis on addressing the 
                needs of rural areas of the State; and
                    ``(B) is not designated as a tier I or tier II 
                metropolitan planning organization or a nonmetropolitan 
                planning organization.
            ``(12) Statewide transportation improvement program.--The 
        term `statewide transportation improvement program' means a 
        statewide transportation improvement program developed by a 
        State under section 135(g).
            ``(13) Statewide transportation plan.--The term `statewide 
        transportation plan' means a plan developed by a State under 
        section 135(f).
            ``(14) Tier i mpo.--The term `tier I MPO' means a 
        metropolitan planning organization designated as a tier I MPO 
        under subsection (e)(4)(A).
            ``(15) Tier ii mpo.--The term `tier II MPO' means a 
        metropolitan planning organization designated as a tier I MPO 
        under subsection (e)(4)(B).
            ``(16) Transportation improvement program.--The term 
        `transportation improvement program' means a program developed 
        by a metropolitan planning organization under subsection (j).
            ``(17) Urbanized area.--The term `urbanized area' means a 
        geographical area with a population of 50,000 or more 
        individuals, as calculated according to the most recent 
        decennial census.
    ``(c) Designation of Metropolitan Planning Organizations.--
            ``(1) In general.--To carry out the metropolitan 
        transportation planning process under this section, a 
        metropolitan planning organization shall be designated for each 
        urbanized area with a population of 200,000 or more 
        individuals, as calculated according to the most recent 
        decennial census--
                    ``(A) by agreement between the applicable Governor 
                and local officials that, in the aggregate, represent 
                at least 75 percent of the affected population 
                (including the largest incorporated city (based on 
                population), as calculated according to the most recent 
                decennial census); or
                    ``(B) in accordance with procedures established by 
                applicable State or local law.
            ``(2) Small urbanized areas.--To carry out the metropolitan 
        transportation planning process under this section, a 
        metropolitan planning organization may be designated for any 
        urbanized area with a population of 50,000 or more individuals, 
        but fewer than 200,000 individuals, as calculated according to 
        the most recent decennial census--
                    ``(A) by agreement between the applicable Governor 
                and local officials that, in the aggregate, represent 
                at least 75 percent of the affected population 
                (including the largest incorporated city (based on 
                population), as calculated according to the most recent 
                decennial census); and
                    ``(B) with the consent of the Secretary, based on a 
                finding that the resulting metropolitan planning 
                organization has met the minimum requirements under 
                subsection (e)(4)(B).
            ``(3) Structure.--Not later than 1 year after the date of 
        enactment of the MAP-21, a metropolitan planning organization 
        shall consist of--
                    ``(A) elected local officials in the relevant 
                metropolitan area;
                    ``(B) officials of public agencies that administer 
                or operate major modes of transportation in the 
                relevant metropolitan area, including providers of 
                public transportation; and
                    ``(C) appropriate State officials.
            ``(4) Effect of subsection.--Nothing in this subsection 
        interferes with any authority under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities--
                    ``(A) to develop the metropolitan transportation 
                plans and transportation improvement programs for 
                adoption by a metropolitan planning organization; or
                    ``(B) to develop capital plans, coordinate public 
                transportation services and projects, or carry out 
                other activities pursuant to State law.
            ``(5) Continuing designation.--
                    ``(A) Population of 200,000 or more.--A designation 
                of an existing MPO for an urbanized area with a 
                population of 200,000 or more individuals, as 
                calculated according to the most recent decennial 
                census, shall remain in effect--
                            ``(i) for the period during which the 
                        structure of the existing MPO complies with the 
                        requirements of paragraph (1); or
                            ``(ii) until the date on which the existing 
                        MPO is redesignated under paragraph (6); and
                    ``(B) Population of fewer than 200,000.--
                            ``(i) In general.--A designation of an 
                        existing MPO for an urbanized area with a 
                        population of fewer than 200,000 individuals, 
                        as calculated according to the most recent 
                        decennial census, shall remain in effect until 
                        the date on which the existing MPO is 
                        redesignated under paragraph (6) unless--
                                    ``(I) the existing MPO requests 
                                that its planning responsibilities be 
                                transferred to the State or to another 
                                planning organization designated by the 
                                State; or
                                    ``(II) the Secretary determines 3 
                                years after the date on which the 
                                Secretary issues a rule pursuant to 
                                subsection (e)(4)(B)(i), that the 
                                existing MPO is not meeting the minimum 
                                requirements established by the rule.
                            ``(ii) Justification.--The Secretary shall, 
                        in a timely manner, provide a substantive 
                        written justification to each metropolitan 
                        planning organization that is the subject of a 
                        negative determination of the Secretary under 
                        clause (i)(II).
                    ``(C) Extension.--If a metropolitan planning 
                organization for an urbanized area with a population of 
                less than 200,000 that would otherwise be terminated 
                under subparagraph (B), requests a probationary 
                continuation before the termination of the metropolitan 
                planning organization, the Secretary shall--
                            ``(i) delay the termination of the 
                        metropolitan planning organization under 
                        subparagraph (B) for a period of 1 year;
                            ``(ii) provide additional technical 
                        assistance to all metropolitan planning 
                        organizations provided an extension under this 
                        paragraph to assist the metropolitan planning 
                        organization in meeting the minimum 
                        requirements under subsection (e)(4)(B)(i); and
                            ``(iii) make a determination not later than 
                        1 year after the date on which the Secretary 
                        issues an extension, regardless of whether the 
                        metropolitan planning organization has met the 
                        minimum requirements established under 
                        subsection (e)(4)(B)(ii).
                    ``(D) Designation as tier ii mpo.--If the Secretary 
                determines that the existing MPO has met the minimum 
                requirements under the rule issued under subsection 
                (e)(4)(B)(i), the Secretary shall designate the 
                existing MPO as a tier II MPO.
            ``(6) Redesignation.--
                    ``(A) In general.--The designation of a 
                metropolitan planning organization under this 
                subsection shall remain in effect until the date on 
                which the metropolitan planning organization is 
                redesignated, as appropriate, in accordance with the 
                requirements of this subsection pursuant to an 
                agreement between--
                            ``(i) the applicable Governor; and
                            ``(ii) affected local officials who, in the 
                        aggregate, represent at least 75 percent of the 
                        existing metropolitan planning area population 
                        (including the largest incorporated city (based 
                        on population), as calculated according to the 
                        most recent decennial census).
                    ``(B) Restructuring.--A metropolitan planning 
                organization may be restructured to meet the 
                requirements of paragraph (3) without undertaking a 
                redesignation.
            ``(7) Absence of designation.--
                    ``(A) In general.--A metropolitan planning 
                organization that is the subject of a negative 
                determination of the Secretary under paragraph 
                (5)(B)(ii) shall submit to the State in which the 
                metropolitan planning organization is located, or to a 
                planning organization designated by the State, by not 
                later than 180 days after the date on which a notice of 
                the negative determination is received, a 6-month plan 
                that includes a description of a method--
                            ``(i) to transfer the responsibilities of 
                        the metropolitan planning organization to the 
                        State; and
                            ``(ii) to dissolve the metropolitan 
                        planning organization.
                    ``(B) Action on dissolution.--On submission of a 
                plan under subparagraph (A), the metropolitan planning 
                area served by the applicable metropolitan planning 
                organization shall--
                            ``(i) continue to receive metropolitan 
                        transportation planning funds until the earlier 
                        of--
                                    ``(I) the date of dissolution of 
                                the metropolitan planning organization; 
                                and
                                    ``(II) the date that is 4 years 
                                after the date of enactment of the MAP-
                                21; and
                            ``(ii) be treated by the State as a 
                        nonmetropolitan area for purposes of this 
                        title.
            ``(8) Designation of multiple mpos.--
                    ``(A) In general.--More than 1 metropolitan 
                planning organization may be designated within an 
                existing metropolitan planning area only if the 
                applicable Governor and an existing MPO determine that 
                the size and complexity of the existing metropolitan 
                planning area make the designation of more than 1 
                metropolitan planning organization for the metropolitan 
                planning area appropriate.
                    ``(B) Service jurisdictions.--If more than 1 
                metropolitan planning organization is designated for an 
                existing metropolitan planning area under subparagraph 
                (A), the existing metropolitan planning area shall be 
                split into multiple metropolitan planning areas, each 
                of which shall be served by the existing MPO or a new 
                metropolitan planning organization.
                    ``(C) Tier designation.--The tier designation of 
                each metropolitan planning organization subject to a 
                designation under this paragraph shall be determined 
                based on the size of each respective metropolitan 
                planning area, in accordance with subsection (e)(4).
    ``(d) Metropolitan Planning Area Boundaries.--
            ``(1) In general.--For purposes of this section, the 
        boundaries of a metropolitan planning area shall be determined 
        by agreement between the applicable metropolitan planning 
        organization and the Governor of the State in which the 
        metropolitan planning area is located.
            ``(2) Included area.--Each metropolitan planning area--
                    ``(A) shall encompass at least the relevant 
                existing urbanized area and any contiguous area 
                expected to become urbanized within a 20-year forecast 
                period under the applicable metropolitan transportation 
                plan; and
                    ``(B) may encompass the entire relevant 
                metropolitan statistical area, as defined by the Office 
                of Management and Budget.
            ``(3) Identification of new urbanized areas.--The 
        designation by the Bureau of the Census of a new urbanized area 
        within the boundaries of an existing metropolitan planning area 
        shall not require the redesignation of the relevant existing 
        MPO.
            ``(4) Nonattainment and maintenance areas.--
                    ``(A) Existing metropolitan planning areas.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), notwithstanding paragraph (2), in 
                        the case of an urbanized area designated as a 
                        nonattainment area or maintenance area as of 
                        the date of enactment of the MAP-21, the 
                        boundaries of the existing metropolitan 
                        planning area as of that date of enactment 
                        shall remain in force and effect.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), the boundaries of an existing metropolitan 
                        planning area described in that clause may be 
                        adjusted by agreement of the applicable 
                        Governor and the affected metropolitan planning 
                        organizations in accordance with paragraph (1).
                    ``(B) New metropolitan planning areas.--In the case 
                of an urbanized area designated as a nonattainment area 
                or maintenance area after the date of enactment of the 
                MAP-21, the boundaries of the applicable metropolitan 
                planning area--
                            ``(i) shall be established in accordance 
                        with subsection (c)(1);
                            ``(ii) shall encompass the areas described 
                        in paragraph (2)(A);
                            ``(iii) may encompass the areas described 
                        in paragraph (2)(B); and
                            ``(iv) may address any appropriate 
                        nonattainment area or maintenance area.
    ``(e) Requirements.--
            ``(1) Development of plans and tips.--To accomplish the 
        policy objectives described in subsection (a), each 
        metropolitan planning organization, in cooperation with the 
        applicable State and public transportation operators, shall 
        develop metropolitan transportation plans and transportation 
        improvement programs for metropolitan planning areas of the 
        State through a performance-driven, outcome-based approach to 
        metropolitan transportation planning consistent with subsection 
        (h).
            ``(2) Contents.--The metropolitan transportation plans and 
        transportation improvement programs for each metropolitan area 
        shall provide for the development and integrated management and 
        operation of transportation systems and facilities (including 
        accessible pedestrian walkways, bicycle transportation 
        facilities, and intermodal facilities that support intercity 
        transportation) that will function as--
                    ``(A) an intermodal transportation system for the 
                metropolitan planning area; and
                    ``(B) an integral part of an intermodal 
                transportation system for the applicable State and the 
                United States.
            ``(3) Process of development.--The process for developing 
        metropolitan transportation plans and transportation 
        improvement programs shall--
                    ``(A) provide for consideration of all modes of 
                transportation; and
                    ``(B) be continuing, cooperative, and comprehensive 
                to the degree appropriate, based on the complexity of 
                the transportation needs to be addressed.
            ``(4) Tiering.--
                    ``(A) Tier i mpos.--
                            ``(i) In general.--A metropolitan planning 
                        organization shall be designated as a tier I 
                        MPO if--
                                    ``(I) as certified by the Governor 
                                of each applicable State, the 
                                metropolitan planning organization 
                                operates within, and primarily serves, 
                                a metropolitan planning area with a 
                                population of 1,000,000 or more 
                                individuals, as calculated according to 
                                the most recent decennial census; and
                                    ``(II) the Secretary determines the 
                                metropolitan planning organization--
                                            ``(aa) meets the minimum 
                                        technical requirements under 
                                        clause (iv); and
                                            ``(bb) not later than 2 
                                        years after the date of 
                                        enactment of the MAP-21, will 
                                        fully implement the processes 
                                        described in subsections (h) 
                                        though (j).
                            ``(ii) Absence of designation.--In the 
                        absence of designation as a tier I MPO under 
                        clause (i), a metropolitan planning 
                        organization shall operate as a tier II MPO 
                        until the date on which the Secretary 
                        determines the metropolitan planning 
                        organization can meet the minimum technical 
                        requirements under clause (iv).
                            ``(iii) Redesignation as tier i.--A 
                        metropolitan planning organization operating 
                        within a metropolitan planning area with a 
                        population of 200,000 or more and fewer than 
                        1,000,000 individuals and primarily within 
                        urbanized areas with populations of 200,000 or 
                        more individuals, as calculated according to 
                        the most recent decennial census, that is 
                        designated as a tier II MPO under subparagraph 
                        (B) may request, with the support of the 
                        applicable Governor, a redesignation as a tier 
                        I MPO on a determination by the Secretary that 
                        the metropolitan planning organization has met 
                        the minimum technical requirements under clause 
                        (iv).
                            ``(iv) Minimum technical requirements.--Not 
                        later than 1 year after the date of enactment 
                        of the MAP-21, the Secretary shall issue a rule 
                        that establishes the minimum technical 
                        requirements necessary for a metropolitan 
                        planning organization to be designated as a 
                        tier I MPO, including, at a minimum, modeling, 
                        data, staffing, and other technical 
                        requirements.
                    ``(B) Tier ii mpos.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the MAP-21, the 
                        Secretary shall issue a rule that establishes 
                        minimum requirements necessary for a 
                        metropolitan planning organization to be 
                        designated as a tier II MPO.
                            ``(ii) Requirements.--The minimum 
                        requirements established under clause (i) 
                        shall--
                                    ``(I) be limited to ensuring that 
                                each metropolitan planning organization 
                                has the capabilities necessary to 
                                develop the metropolitan transportation 
                                plan and transportation improvement 
                                program under this section; and
                                    ``(II) include--
                                            ``(aa) only the staffing 
                                        capabilities necessary to 
                                        operate the metropolitan 
                                        planning organization; and
                                            ``(bb) a requirement that 
                                        the metropolitan planning 
                                        organization has the technical 
                                        capacity to conduct the travel 
                                        demand model and forecasting 
                                        necessary, as appropriate based 
                                        on the size and resources of 
                                        the metropolitan planning 
                                        organization, to fulfill the 
                                        requirements of this section, 
                                        except that in cases in which a 
                                        metropolitan planning 
                                        organization has a formal 
                                        agreement with a State to 
                                        conduct the modeling on behalf 
                                        of the metropolitan planning 
                                        organization, the metropolitan 
                                        planning organization shall be 
                                        exempt from the technical 
                                        capacity requirement.
                            ``(iii) Limitation.--The rule issued 
                        pursuant to this subparagraph shall only 
                        include the minimum requirements established 
                        under clause (ii).
                            ``(iv) Inclusion.--A metropolitan planning 
                        organization operating primarily within an 
                        urbanized area with a population of 200,000 or 
                        more individuals, as calculated according to 
                        the most recent decennial census, and that does 
                        not qualify as a tier I MPO under subparagraph 
                        (A)(i), shall--
                                    ``(I) be designated as a tier II 
                                MPO; and
                                    ``(II) follow the processes under 
                                subsection (k).
                    ``(C) Consolidation.--
                            ``(i) In general.--Metropolitan planning 
                        organizations operating within contiguous, 
                        adjacent, or geographically linked urbanized 
                        areas may elect to consolidate in order to meet 
                        the population thresholds required to achieve 
                        designation as a tier I or tier II MPO under 
                        this paragraph.
                            ``(ii) Effect of subsection.--Nothing in 
                        this subsection requires or prevents 
                        consolidation among multiple metropolitan 
                        planning organizations located within a single 
                        urbanized area.
    ``(f) Coordination in Multistate Areas.--
            ``(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a multistate 
        metropolitan area and the appropriate metropolitan planning 
        organizations to provide coordinated transportation planning 
        for the entire metropolitan area.
            ``(2) Coordination along designated transportation 
        corridors.--The Secretary shall encourage each Governor with 
        responsibility for a portion of a multistate metropolitan area 
        and the appropriate metropolitan planning organizations to 
        provide coordinated transportation planning for the entire 
        designated transportation corridor.
            ``(3) Coordination with interstate compacts.--The Secretary 
        shall encourage metropolitan planning organizations to take 
        into consideration, during the development of metropolitan 
        transportation plans and transportation improvement programs, 
        any relevant transportation studies concerning planning for 
        regional transportation (including high-speed and intercity 
        rail corridor studies, commuter rail corridor studies, 
        intermodal terminals, and interstate highways) in support of 
        freight, intercity, or multistate area projects and services 
        that have been developed pursuant to interstate compacts or 
        agreements, or by organizations established under section 135.
    ``(g) Engagement in Metropolitan Transportation Plan and TIP 
Development.--
            ``(1) Nonattainment and maintenance areas.--If more than 1 
        metropolitan planning organization has authority within a 
        metropolitan area, nonattainment area, or maintenance area, 
        each metropolitan planning organization shall consult with all 
        other metropolitan planning organizations designated for the 
        metropolitan area, nonattainment area, or maintenance area and 
        the State in the development of metropolitan transportation 
        plans and transportation improvement programs under this 
        section.
            ``(2) Transportation improvements located in multiple 
        metropolitan planning areas.--If a transportation improvement 
        project funded under this title or chapter 53 of title 49 is 
        located within the boundaries of more than 1 metropolitan 
        planning area, the affected metropolitan planning organizations 
        shall coordinate metropolitan transportation plans and 
        transportation improvement programs regarding the project.
            ``(3) Coordination of adjacent planning organizations.--
                    ``(A) In general.--A metropolitan planning 
                organization that is adjacent or located in reasonably 
                close proximity to another metropolitan planning 
                organization shall coordinate with that metropolitan 
                planning organization with respect to planning 
                processes, including preparation of metropolitan 
                transportation plans and transportation improvement 
                programs, to the maximum extent practicable.
                    ``(B) Nonmetropolitan planning organizations.--A 
                metropolitan planning organization that is adjacent or 
                located in reasonably close proximity to a 
                nonmetropolitan planning organization shall consult 
                with that nonmetropolitan planning organization with 
                respect to planning processes, to the maximum extent 
                practicable.
            ``(4) Relationship with other planning officials.--
                    ``(A) In general.--The Secretary shall encourage 
                each metropolitan planning organization to cooperate 
                with Federal, tribal, State, and local officers and 
                entities responsible for other types of planning 
                activities that are affected by transportation in the 
                relevant area (including planned growth, economic 
                development, infrastructure services, housing, other 
                public services, nonmotorized users, environmental 
                protection, airport operations, high-speed and 
                intercity passenger rail, freight rail, port access, 
                and freight movements), to the maximum extent 
                practicable, to ensure that the metropolitan 
                transportation planning process, metropolitan 
                transportation plans, and transportation improvement 
                programs are developed in cooperation with other 
                related planning activities in the area.
                    ``(B) Inclusion.--Cooperation under subparagraph 
                (A) shall include the design and delivery of 
                transportation services within the metropolitan area 
                that are provided by--
                            ``(i) recipients of assistance under 
                        sections 202, 203, and 204;
                            ``(ii) recipients of assistance under 
                        chapter 53 of title 49;
                            ``(iii) government agencies and nonprofit 
                        organizations (including representatives of the 
                        agencies and organizations) that receive 
                        Federal assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; and
                            ``(iv) sponsors of regionally significant 
                        programs, projects, and services that are 
                        related to transportation and receive 
                        assistance from any public or private source.
            ``(5) Coordination of other federally required planning 
        programs.--The Secretary shall encourage each metropolitan 
        planning organization to coordinate, to the maximum extent 
        practicable, the development of metropolitan transportation 
        plans and transportation improvement programs with other 
        relevant federally required planning programs.
    ``(h) Scope of Planning Process.--
            ``(1) In general.--The metropolitan transportation planning 
        process for a metropolitan planning area under this section 
        shall provide for consideration of projects and strategies that 
        will--
                    ``(A) support the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, travel and tourism (where applicable), 
                productivity, and efficiency;
                    ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                    ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                    ``(D) increase the accessibility and mobility of 
                individuals and freight;
                    ``(E) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                    ``(F) enhance the integration and connectivity of 
                the transportation system, across and between modes, 
                for individuals and freight;
                    ``(G) increase efficient system management and 
                operation; and
                    ``(H) emphasize the preservation of the existing 
                transportation system.
            ``(2) Performance-based approach.--
                    ``(A) In general.--The metropolitan transportation 
                planning process shall provide for the establishment 
                and use of a performance-based approach to 
                transportation decisionmaking to support the national 
                goals described in section 150(b) of this title and in 
                section 5301(c) of title 49.
                    ``(B) Performance targets.--
                            ``(i) Surface transportation performance 
                        targets.--
                                    ``(I) In general.--Each 
                                metropolitan planning organization 
                                shall establish performance targets 
                                that address the performance measures 
                                described in sections 119(f), 148(h), 
                                149(k), where applicable, and 167(i) to 
                                use in tracking attainment of critical 
                                outcomes for the region of the 
                                metropolitan planning organization.
                                    ``(II) Coordination.--Selection of 
                                performance targets by a metropolitan 
                                planning organization shall be 
                                coordinated with the relevant State to 
                                ensure consistency, to the maximum 
                                extent practicable.
                            ``(ii) Public transportation performance 
                        targets.--Each metropolitan planning 
                        organization shall adopt the performance 
                        targets identified by providers of public 
                        transportation pursuant to sections 5326(c) and 
                        5329(d) of title 49, for use in tracking 
                        attainment of critical outcomes for the region 
                        of the metropolitan planning organization.
                    ``(C) Timing.--Each metropolitan planning 
                organization shall establish the performance targets 
                under subparagraph (B) not later than 90 days after the 
                date on which the relevant State or provider of public 
                transportation establishes the performance targets.
                    ``(D) Integration of other performance-based 
                plans.--A metropolitan planning organization shall 
                integrate in the metropolitan transportation planning 
                process, directly or by reference, the goals, 
                objectives, performance measures, and targets described 
                in other State plans and processes, as well as asset 
                management and safety plans developed by providers of 
                public transportation, required as part of a 
                performance-based program, including plans such as--
                            ``(i) the State National Highway System 
                        asset management plan;
                            ``(ii) asset management plans developed by 
                        providers of public transportation;
                            ``(iii) the State strategic highway safety 
                        plan;
                            ``(iv) safety plans developed by providers 
                        of public transportation;
                            ``(v) the congestion mitigation and air 
                        quality performance plan, where applicable;
                            ``(vi) the national freight strategic plan; 
                        and
                            ``(vii) the statewide transportation plan.
                    ``(E) Use of performance measures and targets.--The 
                performance measures and targets established under this 
                paragraph shall be used, at a minimum, by the relevant 
                metropolitan planning organization as the basis for 
                development of policies, programs, and investment 
                priorities reflected in the metropolitan transportation 
                plan and transportation improvement program.
            ``(3) Failure to consider factors.--The failure to take 
        into consideration 1 or more of the factors specified in 
        paragraphs (1) and (2) shall not be subject to review by any 
        court under this title, chapter 53 of title 49, subchapter II 
        of chapter 5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a metropolitan transportation plan, a transportation 
        improvement program, a project or strategy, or the 
        certification of a planning process.
            ``(4) Participation by interested parties.--
                    ``(A) In general.--Each metropolitan planning 
                organization shall provide to affected individuals, 
                public agencies, and other interested parties 
                (including State representatives of nonmotorized users) 
                notice and a reasonable opportunity to comment on the 
                metropolitan transportation plan and transportation 
                improvement program and any relevant scenarios.
                    ``(B) Contents of participation plan.--Each 
                metropolitan planning organization shall establish a 
                participation plan that--
                            ``(i) is developed in consultation with 
                        interested parties and local officials; and
                            ``(ii) provides that interested parties and 
                        local officials shall have reasonable 
                        opportunities to comment on the contents of the 
                        metropolitan transportation plan of the 
                        metropolitan planning organization.
                    ``(C) Methods.--In carrying out subparagraph (A), 
                the metropolitan planning organization shall, to the 
                maximum extent practicable--
                            ``(i) develop the metropolitan 
                        transportation plan and transportation 
                        improvement program in consultation with 
                        interested parties, as appropriate, including 
                        by the formation of advisory groups 
                        representative of the community and interested 
                        parties (including State representatives of 
                        nonmotorized users) that participate in the 
                        development of the metropolitan transportation 
                        plan and transportation improvement program;
                            ``(ii) hold any public meetings at times 
                        and locations that are, as applicable--
                                    ``(I) convenient; and
                                    ``(II) in compliance with the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12101 et seq.);
                            ``(iii) employ visualization techniques to 
                        describe metropolitan transportation plans and 
                        transportation improvement programs; and
                            ``(iv) make public information available in 
                        appropriate electronically accessible formats 
                        and means, such as the Internet, to afford 
                        reasonable opportunity for consideration of 
                        public information under subparagraph (A).
    ``(i) Development of Metropolitan Transportation Plan.--
            ``(1) Development.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than 5 years after the date 
                of enactment of the MAP-21, and not less frequently 
                than once every 5 years thereafter, each metropolitan 
                planning organization shall prepare and update, 
                respectively, a metropolitan transportation plan for 
                the relevant metropolitan planning area in accordance 
                with this section.
                    ``(B) Exceptions.--A metropolitan planning 
                organization shall prepare or update, as appropriate, 
                the metropolitan transportation plan not less 
                frequently than once every 4 years if the metropolitan 
                planning organization is operating within--
                            ``(i) a nonattainment area; or
                            ``(ii) a maintenance area.
            ``(2) Other requirements.--A metropolitan transportation 
        plan under this section shall--
                    ``(A) be in a form that the Secretary determines to 
                be appropriate;
                    ``(B) have a term of not less than 20 years; and
                    ``(C) contain, at a minimum--
                            ``(i) an identification of the existing 
                        transportation infrastructure, including 
                        highways, local streets and roads, bicycle and 
                        pedestrian facilities, public transportation 
                        facilities and services, commuter rail 
                        facilities and services, high-speed and 
                        intercity passenger rail facilities and 
                        services, freight facilities (including freight 
                        railroad and port facilities), multimodal and 
                        intermodal facilities, and intermodal 
                        connectors that, evaluated in the aggregate, 
                        function as an integrated metropolitan 
                        transportation system;
                            ``(ii) a description of the performance 
                        measures and performance targets used in 
                        assessing the existing and future performance 
                        of the transportation system in accordance with 
                        subsection (h)(2);
                            ``(iii) a description of the current and 
                        projected future usage of the transportation 
                        system, including a projection based on a 
                        preferred scenario, and further including, to 
                        the extent practicable, an identification of 
                        existing or planned transportation rights-of-
                        way, corridors, facilities, and related real 
                        properties;
                            ``(iv) a system performance report 
                        evaluating the existing and future condition 
                        and performance of the transportation system 
                        with respect to the performance targets 
                        described in subsection (h)(2) and updates in 
                        subsequent system performance reports, 
                        including--
                                    ``(I) progress achieved by the 
                                metropolitan planning organization in 
                                meeting the performance targets in 
                                comparison with system performance 
                                recorded in previous reports;
                                    ``(II) an accounting of the 
                                performance of the metropolitan 
                                planning organization on outlay of 
                                obligated project funds and delivery of 
                                projects that have reached substantial 
                                completion in relation to--
                                            ``(aa) the projects 
                                        included in the transportation 
                                        improvement program; and
                                            ``(bb) the projects that 
                                        have been removed from the 
                                        previous transportation 
                                        improvement program; and
                                    ``(III) when appropriate, an 
                                analysis of how the preferred scenario 
                                has improved the conditions and 
                                performance of the transportation 
                                system and how changes in local 
                                policies, investments, and growth have 
                                impacted the costs necessary to achieve 
                                the identified performance targets;
                            ``(v) recommended strategies and 
                        investments for improving system performance 
                        over the planning horizon, including 
                        transportation systems management and 
                        operations strategies, maintenance strategies, 
                        demand management strategies, asset management 
                        strategies, capacity and enhancement 
                        investments, State and local economic 
                        development and land use improvements, 
                        intelligent transportation systems deployment, 
                        and technology adoption strategies, as 
                        determined by the projected support of the 
                        performance targets described in subsection 
                        (h)(2);
                            ``(vi) recommended strategies and 
                        investments to improve and integrate 
                        disability-related access to transportation 
                        infrastructure, including strategies and 
                        investments based on a preferred scenario, when 
                        appropriate;
                            ``(vii) investment priorities for using 
                        projected available and proposed revenues over 
                        the short- and long-term stages of the planning 
                        horizon, in accordance with the financial plan 
                        required under paragraph (4);
                            ``(viii) a description of interstate 
                        compacts entered into in order to promote 
                        coordinated transportation planning in 
                        multistate areas, if applicable;
                            ``(ix) an optional illustrative list of 
                        projects containing investments that--
                                    ``(I) are not included in the 
                                metropolitan transportation plan; but
                                    ``(II) would be so included if 
                                resources in addition to the resources 
                                identified in the financial plan under 
                                paragraph (4) were available;
                            ``(x) a discussion (developed in 
                        consultation with Federal, State, and tribal 
                        wildlife, land management, and regulatory 
                        agencies) of types of potential environmental 
                        and stormwater mitigation activities and 
                        potential areas to carry out those activities, 
                        including activities that may have the greatest 
                        potential to restore and maintain the 
                        environmental functions affected by the 
                        metropolitan transportation plan; and
                            ``(xi) recommended strategies and 
                        investments, including those developed by the 
                        State as part of interstate compacts, 
                        agreements, or organizations, that support 
                        intercity transportation.
            ``(3) Scenario development.--
                    ``(A) In general.--When preparing the metropolitan 
                transportation plan, the metropolitan planning 
                organization may, while fitting the needs and 
                complexity of its community, develop multiple scenarios 
                for consideration as a part of the development of the 
                metropolitan transportation plan, in accordance with 
                subparagraph (B).
                    ``(B) Components of scenarios.--The scenarios--
                            ``(i) shall include potential regional 
                        investment strategies for the planning horizon;
                            ``(ii) shall include assumed distribution 
                        of population and employment;
                            ``(iii) may include a scenario that, to the 
                        maximum extent practicable, maintains baseline 
                        conditions for the performance measures 
                        identified in subsection (h)(2);
                            ``(iv) may include a scenario that improves 
                        the baseline conditions for as many of the 
                        performance measures identified in subsection 
                        (h)(2) as possible;
                            ``(v) shall be revenue constrained based on 
                        the total revenues expected to be available 
                        over the forecast period of the plan; and
                            ``(vi) may include estimated costs and 
                        potential revenues available to support each 
                        scenario.
                    ``(C) Metrics.--In addition to the performance 
                measures identified in subsection (h)(2), scenarios 
                developed under this paragraph may be evaluated using 
                locally-developed metrics for the following categories:
                            ``(i) Congestion and mobility, including 
                        transportation use by mode.
                            ``(ii) Freight movement.
                            ``(iii) Safety.
                            ``(iv) Efficiency and costs to taxpayers.
            ``(4) Financial plan.--A financial plan referred to in 
        paragraph (2)(C)(vii) shall--
                    ``(A) be prepared by each metropolitan planning 
                organization to support the metropolitan transportation 
                plan; and
                    ``(B) contain a description of each of the 
                following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the metropolitan transportation 
                        plan, including existing and projected system 
                        operating and maintenance needs, proposed 
                        enhancement and expansions to the system, 
                        projected available revenue from Federal, 
                        State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the metropolitan 
                        planning organization, any public 
                        transportation agency, and the State, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        metropolitan transportation plan.
                            ``(iv) Each applicable project only if full 
                        funding can reasonably be anticipated to be 
                        available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(5) Coordination with clean air act agencies.--The 
        metropolitan planning organization for any metropolitan area 
        that is a nonattainment area or maintenance area shall 
        coordinate the development of a transportation plan with the 
        process for development of the transportation control measures 
        of the State implementation plan required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
            ``(6) Publication.--On approval by the relevant 
        metropolitan planning organization, a metropolitan 
        transportation plan involving Federal participation shall be, 
        at such times and in such manner as the Secretary shall 
        require--
                    ``(A) published or otherwise made readily available 
                by the metropolitan planning organization for public 
                review, including (to the maximum extent practicable) 
                in electronically accessible formats and means, such as 
                the Internet; and
                    ``(B) submitted for informational purposes to the 
                applicable Governor.
            ``(7) Consultation.--
                    ``(A) In general.--In each metropolitan area, the 
                metropolitan planning organization shall consult, as 
                appropriate, with Federal, tribal, State, and local 
                agencies responsible for land use management, natural 
                resources, environmental protection, conservation, and 
                historic preservation concerning the development of a 
                metropolitan transportation plan.
                    ``(B) Issues.--The consultation under subparagraph 
                (A) shall involve, as available, consideration of--
                            ``(i) metropolitan transportation plans 
                        with Federal, tribal, State, and local 
                        conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.
            ``(8) Selection of projects from illustrative list.--
        Notwithstanding paragraph (4), a State or metropolitan planning 
        organization shall not be required to select any project from 
        the illustrative list of additional projects included in the 
        metropolitan transportation plan under paragraph (2)(C)(ix).
    ``(j) Transportation Improvement Program.--
            ``(1) Development.--
                    ``(A) In general.--In cooperation with the 
                applicable State and any affected public transportation 
                operator, the metropolitan planning organization 
                designated for a metropolitan area shall develop a 
                transportation improvement program for the metropolitan 
                planning area that--
                            ``(i) contains projects consistent with the 
                        current metropolitan transportation plan;
                            ``(ii) reflects the investment priorities 
                        established in the current metropolitan 
                        transportation plan; and
                            ``(iii) once implemented, will make 
                        significant progress toward achieving the 
                        performance targets established under 
                        subsection (h)(2).
                    ``(B) Opportunity for participation.--In developing 
                the transportation improvement program, the 
                metropolitan planning organization, in cooperation with 
                the State and any affected public transportation 
                operator, shall provide an opportunity for 
                participation by interested parties, in accordance with 
                subsection (h)(4).
                    ``(C) Updating and approval.--The transportation 
                improvement program shall be--
                            ``(i) updated not less frequently than once 
                        every 4 years, on a cycle compatible with the 
                        development of the relevant statewide 
                        transportation improvement program under 
                        section 135; and
                            ``(ii) approved by the applicable Governor.
            ``(2) Contents.--
                    ``(A) Priority list.--The transportation 
                improvement program shall include a priority list of 
                proposed federally supported projects and strategies to 
                be carried out during the 4-year period beginning on 
                the date of adoption of the transportation improvement 
                program, and each 4-year period thereafter, using 
                existing and reasonably available revenues in 
                accordance with the financial plan under paragraph (3).
                    ``(B) Descriptions.--Each project described in the 
                transportation improvement program shall include 
                sufficient descriptive material (such as type of work, 
                termini, length, and other similar factors) to identify 
                the project or phase of the project and the effect that 
                the project or project phase will have in addressing 
                the targets described in subsection (h)(2).
                    ``(C) Performance target achievement.--The 
                transportation improvement program shall include, to 
                the maximum extent practicable, a description of the 
                anticipated effect of the transportation improvement 
                program on attainment of the performance targets 
                established in the metropolitan transportation plan, 
                linking investment priorities to those performance 
                targets.
                    ``(D) Illustrative list of projects.--In developing 
                a transportation improvement program, an optional 
                illustrative list of projects may be prepared 
                containing additional investment priorities that--
                            ``(i) are not included in the 
                        transportation improvement program; but
                            ``(ii) would be so included if resources in 
                        addition to the resources identified in the 
                        financial plan under paragraph (3) were 
                        available.
            ``(3) Financial plan.--A financial plan referred to in 
        paragraph (2)(D)(ii) shall--
                    ``(A) be prepared by each metropolitan planning 
                organization to support the transportation improvement 
                program; and
                    ``(B) contain a description of each of the 
                following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the transportation improvement 
                        program, including existing and projected 
                        system operating and maintenance needs, 
                        proposed enhancement and expansions to the 
                        system, projected available revenue from 
                        Federal, State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the metropolitan 
                        planning organization, any public 
                        transportation agency, and the State, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        transportation improvement program.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(4) Included projects.--
                    ``(A) Projects under this title and chapter 53 of 
                title 49.--A transportation improvement program 
                developed under this subsection for a metropolitan area 
                shall include a description of the projects within the 
                area that are proposed for funding under chapter 1 of 
                this title and chapter 53 of title 49.
                    ``(B) Projects under chapter 2.--
                            ``(i) Regionally significant.--Each 
                        regionally significant project proposed for 
                        funding under chapter 2 shall be identified 
                        individually in the transportation improvement 
                        program.
                            ``(ii) Nonregionally significant.--A 
                        description of each project proposed for 
                        funding under chapter 2 that is not determined 
                        to be regionally significant shall be contained 
                        in 1 line item or identified individually in 
                        the transportation improvement program.
            ``(5) Opportunity for participation.--Before approving a 
        transportation improvement program, a metropolitan planning 
        organization, in cooperation with the State and any affected 
        public transportation operator, shall provide an opportunity 
        for participation by interested parties in the development of 
        the transportation improvement program, in accordance with 
        subsection (h)(4).
            ``(6) Selection of projects.--
                    ``(A) In general.--Each tier I MPO and tier II MPO 
                shall select projects carried out within the boundaries 
                of the applicable metropolitan planning area from the 
                transportation improvement program, in consultation 
                with the relevant State and on concurrence of the 
                affected facility owner, for funds apportioned to the 
                State under section 104(b)(2) and suballocated to the 
                metropolitan planning area under section 133(d).
                    ``(B) Projects under chapter 53 of title 49.--In 
                the case of projects under chapter 53 of title 49, the 
                selection of federally funded projects in metropolitan 
                areas shall be carried out, from the approved 
                transportation improvement program, by the designated 
                recipients of public transportation funding in 
                cooperation with the metropolitan planning 
                organization.
                    ``(C) CMAQ projects.--Each tier I MPO shall select 
                projects carried out within the boundaries of the 
                applicable metropolitan planning area from the 
                transportation improvement program, in consultation 
                with the relevant State and on concurrence of the 
                affected facility owner, for funds apportioned to the 
                State under section 104(b)(4) and suballocated to the 
                metropolitan planning area under section 149(j).
                    ``(D) Modifications to project priority.--
                Notwithstanding any other provision of law, approval by 
                the Secretary shall not be required to carry out a 
                project included in a transportation improvement 
                program in place of another project in the 
                transportation improvement program.
            ``(7) Publication.--
                    ``(A) In general.--A transportation improvement 
                program shall be published or otherwise made readily 
                available by the applicable metropolitan planning 
                organization for public review in electronically 
                accessible formats and means, such as the Internet.
                    ``(B) Annual list of projects.--An annual list of 
                projects, including investments in pedestrian walkways, 
                bicycle transportation facilities, and intermodal 
                facilities that support intercity transportation, for 
                which Federal funds have been obligated during the 
                preceding fiscal year shall be published or otherwise 
                made available by the cooperative effort of the State, 
                public transportation operator, and metropolitan 
                planning organization in electronically accessible 
                formats and means, such as the Internet, in a manner 
                that is consistent with the categories identified in 
                the relevant transportation improvement program.
    ``(k) Planning Requirements for Tier II MPOs.--
            ``(1) In general.--The Secretary may provide for the 
        performance-based development of a metropolitan transportation 
        plan and transportation improvement program for the 
        metropolitan planning area of a tier II MPO, as the Secretary 
        determines to be appropriate, taking into account--
                    ``(A) the complexity of transportation needs in the 
                area; and
                    ``(B) the technical capacity of the metropolitan 
                planning organization.
            ``(2) Evaluation of performance-based planning.--In 
        reviewing a tier II MPO under subsection (m), the Secretary 
        shall take into consideration the effectiveness of the tier II 
        MPO in implementing and maintaining a performance-based 
        planning process that--
                    ``(A) addresses the performance targets described 
                in subsection (h)(2); and
                    ``(B) demonstrates progress on the achievement of 
                those performance targets.
    ``(l) Certification.--
            ``(1) In general.--The Secretary shall--
                    ``(A) ensure that the metropolitan transportation 
                planning process of a metropolitan planning 
                organization is being carried out in accordance with 
                applicable Federal law; and
                    ``(B) subject to paragraph (2), certify, not less 
                frequently than once every 4 years, that the 
                requirements of subparagraph (A) are met with respect 
                to the metropolitan transportation planning process.
            ``(2) Requirements for certification.--The Secretary may 
        make a certification under paragraph (1)(B) if--
                    ``(A) the metropolitan transportation planning 
                process complies with the requirements of this section 
                and other applicable Federal law;
                    ``(B) representation on the metropolitan planning 
                organization board includes officials of public 
                agencies that administer or operate major modes of 
                transportation in the relevant metropolitan area, 
                including providers of public transportation; and
                    ``(C) a transportation improvement program for the 
                metropolitan planning area has been approved by the 
                relevant metropolitan planning organization and 
                applicable Governor.
            ``(3) Delegation of authority.--The Secretary may--
                    ``(A) delegate to the appropriate State fact-
                finding authority regarding the certification of a tier 
                II MPO under this subsection; and
                    ``(B) make the certification under paragraph (1) in 
                consultation with the State.
            ``(4) Effect of failure to certify.--
                    ``(A) Withholding of project funds.--If a 
                metropolitan transportation planning process of a 
                metropolitan planning organization is not certified 
                under paragraph (1), the Secretary may withhold up to 
                20 percent of the funds attributable to the 
                metropolitan planning area of the metropolitan planning 
                organization for projects funded under this title and 
                chapter 53 of title 49.
                    ``(B) Restoration of withheld funds.--Any funds 
                withheld under subparagraph (A) shall be restored to 
                the metropolitan planning area on the date of 
                certification of the metropolitan transportation 
                planning process by the Secretary.
            ``(5) Public involvement.--In making a determination 
        regarding certification under this subsection, the Secretary 
        shall provide for public involvement appropriate to the 
        metropolitan planning area under review.
    ``(m) Performance-based Planning Processes Evaluation.--
            ``(1) In general.--The Secretary shall establish criteria 
        to evaluate the effectiveness of the performance-based planning 
        processes of metropolitan planning organizations under this 
        section, taking into consideration the following:
                    ``(A) The extent to which the metropolitan planning 
                organization has achieved, or is currently making 
                substantial progress toward achieving, the performance 
                targets specified in subsection (h)(2), taking into 
                account whether the metropolitan planning organization 
                developed meaningful performance targets.
                    ``(B) The extent to which the metropolitan planning 
                organization has used proven best practices that help 
                ensure transportation investment that is efficient and 
                cost-effective.
                    ``(C) The extent to which the metropolitan planning 
                organization--
                            ``(i) has developed an investment process 
                        that relies on public input and awareness to 
                        ensure that investments are transparent and 
                        accountable; and
                            ``(ii) provides regular reports allowing 
                        the public to access the information being 
                        collected in a format that allows the public to 
                        meaningfully assess the performance of the 
                        metropolitan planning organization.
            ``(2) Report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of the MAP-21, the Secretary shall 
                submit to Congress a report evaluating--
                            ``(i) the overall effectiveness of 
                        performance-based planning as a tool for 
                        guiding transportation investments; and
                            ``(ii) the effectiveness of the 
                        performance-based planning process of each 
                        metropolitan planning organization under this 
                        section.
                    ``(B) Publication.--The report under subparagraph 
                (A) shall be published or otherwise made available in 
                electronically accessible formats and means, including 
                on the Internet.
    ``(n) Additional Requirements for Certain Nonattainment Areas.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title or chapter 53 of title 49, Federal funds may not be 
        advanced in any metropolitan planning area classified as a 
        nonattainment area or maintenance area for any highway project 
        that will result in a significant increase in the carrying 
        capacity for single-occupant vehicles, unless the owner or 
        operator of the project demonstrates that the project will 
        achieve or make substantial progress toward achieving the 
        performance targets described in subsection (h)(2).
            ``(2) Applicability.--This subsection applies to any 
        nonattainment area or maintenance area within the boundaries of 
        a metropolitan planning area, as determined under subsection 
        (c).
    ``(o) Effect of Section.--Nothing in this section provides to any 
metropolitan planning organization the authority to impose any legal 
requirement on any transportation facility, provider, or project not 
subject to the requirements of this title or chapter 53 of title 49.
    ``(p) Funding.--Funds apportioned under section 104(b)(6) of this 
title and set aside under section 5305(g) of title 49 shall be 
available to carry out this section.
    ``(q) Continuation of Current Review Practice.--
            ``(1) In general.--In consideration of the factors 
        described in paragraph (2), any decision by the Secretary 
        concerning a metropolitan transportation plan or transportation 
        improvement program shall not be considered to be a Federal 
        action subject to review under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Description of factors.--The factors referred to in 
        paragraph (1) are that--
                    ``(A) metropolitan transportation plans and 
                transportation improvement programs are subject to a 
                reasonable opportunity for public comment;
                    ``(B) the projects included in metropolitan 
                transportation plans and transportation improvement 
                programs are subject to review under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                    ``(C) decisions by the Secretary concerning 
                metropolitan transportation plans and transportation 
                improvement programs have not been reviewed under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) as of January 1, 1997.
    ``(r) Schedule for Implementation.--The Secretary shall issue 
guidance on a schedule for implementation of the changes made by this 
section, taking into consideration the established planning update 
cycle for metropolitan planning organizations. The Secretary shall not 
require a metropolitan planning organization to deviate from its 
established planning update cycle to implement changes made by this 
section. Metropolitan planning organizations shall reflect changes made 
to their transportation plan or transportation improvement program 
updates by not later than 2 years after the date of issuance of 
guidance by the Secretary.''.

SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    (a) In General.--Section 135 of title 23, United States Code, is 
amended to read as follows:
``Sec. 135. Statewide and nonmetropolitan transportation planning
    ``(a) Statewide Transportation Plans and STIPs.--
            ``(1) Development.--
                    ``(A) In general.--To accomplish the policy 
                objectives described in section 134(a), each State 
                shall develop a statewide transportation plan and a 
                statewide transportation improvement program for all 
                areas of the State in accordance with this section.
                    ``(B) Incorporation of metropolitan transportation 
                plans and tips.--Each State shall incorporate in the 
                statewide transportation plan and statewide 
                transportation improvement program, without change or 
                by reference, the metropolitan transportation plans and 
                transportation improvement programs, respectively, for 
                each metropolitan planning area in the State.
                    ``(C) Nonmetropolitan areas.--Each State shall 
                consult with local officials in small urbanized areas 
                with a population of 50,000 or more individuals, but 
                fewer than 200,000 individuals, as calculated according 
                to the most recent decennial census, and nonurbanized 
                areas of the State in preparing the nonmetropolitan 
                portions of statewide transportation plans and 
                statewide transportation improvement programs.
            ``(2) Contents.--The statewide transportation plan and 
        statewide transportation improvement program developed for each 
        State shall provide for the development and integrated 
        management and operation of transportation systems and 
        facilities (including accessible pedestrian walkways, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation) that will function as--
                    ``(A) an intermodal transportation system for the 
                State; and
                    ``(B) an integral part of an intermodal 
                transportation system for the United States.
            ``(3) Process.--The process for developing the statewide 
        transportation plan and statewide transportation improvement 
        program shall--
                    ``(A) provide for consideration of all modes of 
                transportation; and
                    ``(B) be continuing, cooperative, and comprehensive 
                to the degree appropriate, based on the complexity of 
                the transportation needs to be addressed.
    ``(b) Coordination and Consultation.--
            ``(1) In general.--Each State shall--
                    ``(A) coordinate planning carried out under this 
                section with--
                            ``(i) the transportation planning 
                        activities carried out under section 134 for 
                        metropolitan areas of the State; and
                            ``(ii) statewide trade and economic 
                        development planning activities and related 
                        multistate planning efforts;
                    ``(B) coordinate planning carried out under this 
                section with the transportation planning activities 
                carried out by each nonmetropolitan planning 
                organization in the State, as applicable;
                    ``(C) consult on planning carried out under this 
                section with the transportation planning activities 
                carried out by each rural planning organization in the 
                State, as applicable; and
                    ``(D) develop the transportation portion of the 
                State implementation plan as required by the Clean Air 
                Act (42 U.S.C. 7401 et seq.).
            ``(2) Multistate areas.--
                    ``(A) In general.--The Secretary shall encourage 
                each Governor with responsibility for a portion of a 
                multistate metropolitan planning area and the 
                appropriate metropolitan planning organizations to 
                provide coordinated transportation planning for the 
                entire metropolitan area.
                    ``(B) Coordination along designated transportation 
                corridors.--The Secretary shall encourage each Governor 
                with responsibility for a portion of a multistate 
                transportation corridor to provide coordinated 
                transportation planning for the entire designated 
                corridor.
                    ``(C) Interstate compacts.--For purposes of this 
                section, any 2 or more States--
                            ``(i) may enter into compacts, agreements, 
                        or organizations not in conflict with any 
                        Federal law for cooperative efforts and mutual 
                        assistance in support of activities authorized 
                        under this section, as the activities relate to 
                        interstate areas and localities within the 
                        States;
                            ``(ii) may establish such agencies (joint 
                        or otherwise) as the States determine to be 
                        appropriate for ensuring the effectiveness of 
                        the agreements and compacts; and
                            ``(iii) are encouraged to enter into such 
                        compacts, agreements, or organizations as are 
                        appropriate to develop planning documents in 
                        support of intercity or multistate area 
                        projects, facilities, and services, the 
                        relevant components of which shall be reflected 
                        in statewide transportation improvement 
                        programs and statewide transportation plans.
                    ``(D) Reservation of rights.--The right to alter, 
                amend, or repeal any interstate compact or agreement 
                entered into under this subsection is expressly 
                reserved.
    ``(c) Relationship With Other Planning Officials.--
            ``(1) In general.--The Secretary shall encourage each State 
        to cooperate with Federal, tribal, State, and local officers 
        and entities responsible for other types of planning activities 
        that are affected by transportation in the relevant area 
        (including planned growth, economic development, infrastructure 
        services, housing, other public services, environmental 
        protection, airport operations, high-speed and intercity 
        passenger rail, freight rail, port access, and freight 
        movements), to the maximum extent practicable, to ensure that 
        the statewide and nonmetropolitan planning process, statewide 
        transportation plans, and statewide transportation improvement 
        programs are developed with due consideration for other related 
        planning activities in the State.
            ``(2) Inclusion.--Cooperation under paragraph (1) shall 
        include the design and delivery of transportation services 
        within the State that are provided by--
                    ``(A) recipients of assistance under sections 202, 
                203, and 204;
                    ``(B) recipients of assistance under chapter 53 of 
                title 49;
                    ``(C) government agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive Federal 
                assistance from a source other than the Department of 
                Transportation to provide nonemergency transportation 
                services; and
                    ``(D) sponsors of regionally significant programs, 
                projects, and services that are related to 
                transportation and receive assistance from any public 
                or private source.
    ``(d) Scope of Planning Process.--
            ``(1) In general.--The statewide transportation planning 
        process for a State under this section shall provide for 
        consideration of projects, strategies, and services that will--
                    ``(A) support the economic vitality of the United 
                States, the State, nonmetropolitan areas, and 
                metropolitan areas, especially by enabling global 
                competitiveness, travel and tourism (where applicable), 
                productivity, and efficiency;
                    ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                    ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                    ``(D) increase the accessibility and mobility of 
                individuals and freight;
                    ``(E) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                    ``(F) enhance the integration and connectivity of 
                the transportation system, across and between modes, 
                for individuals and freight;
                    ``(G) increase efficient system management and 
                operation; and
                    ``(H) emphasize the preservation of the existing 
                transportation system.
            ``(2) Performance-based approach.--
                    ``(A) In general.--The statewide transportation 
                planning process shall provide for the establishment 
                and use of a performance-based approach to 
                transportation decisionmaking to support the national 
                goals described in section 150(b) of this title and 
                section 5301(c) of title 49.
                    ``(B) Surface transportation performance targets.--
                            ``(i) In general.--Each State shall 
                        establish performance targets that address the 
                        performance measures described in sections 
                        119(f), 148(h), and 167(i) to use in tracking 
                        attainment of critical outcomes for the region 
                        of the State.
                            ``(ii) Coordination.--Selection of 
                        performance targets by a State shall be 
                        coordinated with relevant metropolitan planning 
                        organizations to ensure consistency, to the 
                        maximum extent practicable.
                    ``(C) Public transportation performance targets.--
                For providers of public transportation operating in 
                urbanized areas with a population of fewer than 200,000 
                individuals, as calculated according to the most recent 
                decennial census, and not represented by a metropolitan 
                planning organization, each State shall adopt the 
                performance targets identified by such providers of 
                public transportation pursuant to sections 5326(c) and 
                5329(d) of title 49 for use in tracking attainment of 
                critical outcomes for the region of the metropolitan 
                planning organization.
                    ``(D) Integration of other performance-based 
                plans.--A State shall integrate into the statewide 
                transportation planning process, directly or by 
                reference, the goals, objectives, performance measures, 
                and performance targets described in this paragraph in 
                other State plans and processes, and asset management 
                and safety plans developed by providers of public 
                transportation in urbanized areas with a population of 
                fewer than 200,000 individuals, as calculated according 
                to the most recent decennial census, and not 
                represented by a metropolitan planning organization, 
                required as part of a performance-based program, 
                including plans such as--
                            ``(i) the State National Highway System 
                        asset management plan;
                            ``(ii) asset management plans developed by 
                        providers of public transportation;
                            ``(iii) the State strategic highway safety 
                        plan;
                            ``(iv) a congestion mitigation and air 
                        quality performance plan developed under 
                        section 149(k) by a tier I metropolitan 
                        planning organization (as defined in section 
                        134) representing a nonattainment or 
                        maintenance area;
                            ``(v) safety plans developed by providers 
                        of public transportation; and
                            ``(vi) the national freight strategic plan.
                    ``(E) Use of performance measures and targets.--The 
                performance measures and targets established under this 
                paragraph shall be used, at a minimum, by a State as 
                the basis for development of policies, programs, and 
                investment priorities reflected in the statewide 
                transportation plan and statewide transportation 
                improvement program.
            ``(3) Failure to consider factors.--The failure to take 
        into consideration 1 or more of the factors specified in 
        paragraphs (1) and (2) shall not be subject to review by any 
        court under this title, chapter 53 of title 49, subchapter II 
        of chapter 5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a statewide transportation plan, a statewide 
        transportation improvement program, a project or strategy, or 
        the certification of a planning process.
            ``(4) Participation by interested parties.--
                    ``(A) In general.--Each State shall provide to--
                            ``(i) nonmetropolitan local elected 
                        officials an opportunity to participate in 
                        accordance with subparagraph (B)(i); and
                            ``(ii) affected individuals, public 
                        agencies, and other interested parties notice 
                        and a reasonable opportunity to comment on the 
                        statewide transportation plan and statewide 
                        transportation improvement program.
                    ``(B) Methods.--In carrying out this paragraph, the 
                State shall--
                            ``(i) develop and document a consultative 
                        process to carry out subparagraph (A)(i) that 
                        is separate and discrete from the public 
                        involvement process developed under clause 
                        (ii);
                            ``(ii) develop the statewide transportation 
                        plan and statewide transportation improvement 
                        program in consultation with interested 
                        parties, as appropriate, including by the 
                        formation of advisory groups representative of 
                        the State and interested parties that 
                        participate in the development of the statewide 
                        transportation plan and statewide 
                        transportation improvement program;
                            ``(iii) hold any public meetings at times 
                        and locations that are, as applicable--
                                    ``(I) convenient; and
                                    ``(II) in compliance with the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12101 et seq.);
                            ``(iv) employ visualization techniques to 
                        describe statewide transportation plans and 
                        statewide transportation improvement programs; 
                        and
                            ``(v) make public information available in 
                        appropriate electronically accessible formats 
                        and means, such as the Internet, to afford 
                        reasonable opportunity for consideration of 
                        public information under subparagraph (A).
    ``(e) Coordination and Consultation.--
            ``(1) Metropolitan areas.--
                    ``(A) In general.--Each State shall develop a 
                statewide transportation plan and statewide 
                transportation improvement program for each 
                metropolitan area in the State by incorporating, 
                without change or by reference, at a minimum, as 
                prepared by each metropolitan planning organization 
                designated for the metropolitan area under section 
                134--
                            ``(i) all regionally significant projects 
                        to be carried out during the 10-year period 
                        beginning on the effective date of the relevant 
                        existing metropolitan transportation plan; and
                            ``(ii) all projects to be carried out 
                        during the 4-year period beginning on the 
                        effective date of the relevant transportation 
                        improvement program.
                    ``(B) Projected costs.--Each metropolitan planning 
                organization shall provide to each applicable State a 
                description of the projected costs of implementing the 
                projects included in the metropolitan transportation 
                plan of the metropolitan planning organization for 
                purposes of metropolitan financial planning and fiscal 
                constraint.
            ``(2) Nonmetropolitan areas.--With respect to 
        nonmetropolitan areas in a State, the statewide transportation 
        plan and statewide transportation improvement program of the 
        State shall be developed in consultation with affected 
        nonmetropolitan local officials with responsibility for 
        transportation, including providers of public transportation.
            ``(3) Indian tribal areas.--With respect to each area of a 
        State under the jurisdiction of an Indian tribe, the statewide 
        transportation plan and statewide transportation improvement 
        program of the State shall be developed in consultation with--
                    ``(A) the tribal government; and
                    ``(B) the Secretary of the Interior.
            ``(4) Federal land management agencies.--With respect to 
        each area of a State under the jurisdiction of a Federal land 
        management agency, the statewide transportation plan and 
        statewide transportation improvement program of the State shall 
        be developed in consultation with the relevant Federal land 
        management agency.
            ``(5) Consultation, comparison, and consideration.--
                    ``(A) In general.--A statewide transportation plan 
                shall be developed, as appropriate, in consultation 
                with Federal, tribal, State, and local agencies 
                responsible for land use management, natural resources, 
                infrastructure permitting, environmental protection, 
                conservation, and historic preservation.
                    ``(B) Comparison and consideration.--Consultation 
                under subparagraph (A) shall involve the comparison of 
                statewide transportation plans to, as available--
                            ``(i) Federal, tribal, State, and local 
                        conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.
    ``(f) Statewide Transportation Plan.--
            ``(1) Development.--
                    ``(A) In general.--Each State shall develop a 
                statewide transportation plan, the forecast period of 
                which shall be not less than 20 years for all areas of 
                the State, that provides for the development and 
                implementation of the intermodal transportation system 
                of the State.
                    ``(B) Initial period.--A statewide transportation 
                plan shall include, at a minimum, for the first 10-year 
                period of the statewide transportation plan, the 
                identification of existing and future transportation 
                facilities that will function as an integrated 
                statewide transportation system, giving emphasis to 
                those facilities that serve important national, 
                statewide, and regional transportation functions.
                    ``(C) Subsequent period.--For the second 10-year 
                period of the statewide transportation plan (referred 
                to in this subsection as the `outer years period'), a 
                statewide transportation plan--
                            ``(i) may include identification of future 
                        transportation facilities; and
                            ``(ii) shall describe the policies and 
                        strategies that provide for the development and 
                        implementation of the intermodal transportation 
                        system of the State.
                    ``(D) Other requirements.--A statewide 
                transportation plan shall--
                            ``(i) include, for the 20-year period 
                        covered by the statewide transportation plan, a 
                        description of--
                                    ``(I) the projected aggregate cost 
                                of projects anticipated by a State to 
                                be implemented; and
                                    ``(II) the revenues necessary to 
                                support the projects;
                            ``(ii) include, in such form as the 
                        Secretary determines to be appropriate, a 
                        description of--
                                    ``(I) the existing transportation 
                                infrastructure, including an 
                                identification of highways, local 
                                streets and roads, bicycle and 
                                pedestrian facilities, public 
                                transportation facilities and services, 
                                commuter rail facilities and services, 
                                high-speed and intercity passenger rail 
                                facilities and services, freight 
                                facilities (including freight railroad 
                                and port facilities), multimodal and 
                                intermodal facilities, and intermodal 
                                connectors that, evaluated in the 
                                aggregate, function as an integrated 
                                transportation system;
                                    ``(II) the performance measures and 
                                performance targets used in assessing 
                                the existing and future performance of 
                                the transportation system described in 
                                subsection (d)(2);
                                    ``(III) the current and projected 
                                future usage of the transportation 
                                system, including, to the maximum 
                                extent practicable, an identification 
                                of existing or planned transportation 
                                rights-of-way, corridors, facilities, 
                                and related real properties;
                                    ``(IV) a system performance report 
                                evaluating the existing and future 
                                condition and performance of the 
                                transportation system with respect to 
                                the performance targets described in 
                                subsection (d)(2) and updates to 
                                subsequent system performance reports, 
                                including--
                                            ``(aa) progress achieved by 
                                        the State in meeting 
                                        performance targets, as 
                                        compared to system performance 
                                        recorded in previous reports; 
                                        and
                                            ``(bb) an accounting of the 
                                        performance by the State on 
                                        outlay of obligated project 
                                        funds and delivery of projects 
                                        that have reached substantial 
                                        completion, in relation to the 
                                        projects currently on the 
                                        statewide transportation 
                                        improvement program and those 
                                        projects that have been removed 
                                        from the previous statewide 
                                        transportation improvement 
                                        program;
                                    ``(V) recommended strategies and 
                                investments for improving system 
                                performance over the planning horizon, 
                                including transportation systems 
                                management and operations strategies, 
                                maintenance strategies, demand 
                                management strategies, asset management 
                                strategies, capacity and enhancement 
                                investments, land use improvements, 
                                intelligent transportation systems 
                                deployment and technology adoption 
                                strategies as determined by the 
                                projected support of performance 
                                targets described in subsection (d)(2);
                                    ``(VI) recommended strategies and 
                                investments to improve and integrate 
                                disability-related access to 
                                transportation infrastructure;
                                    ``(VII) investment priorities for 
                                using projected available and proposed 
                                revenues over the short- and long-term 
                                stages of the planning horizon, in 
                                accordance with the financial plan 
                                required under paragraph (2);
                                    ``(VIII) a description of 
                                interstate compacts entered into in 
                                order to promote coordinated 
                                transportation planning in multistate 
                                areas, if applicable;
                                    ``(IX) an optional illustrative 
                                list of projects containing investments 
                                that--
                                            ``(aa) are not included in 
                                        the statewide transportation 
                                        plan; but
                                            ``(bb) would be so included 
                                        if resources in addition to the 
                                        resources identified in the 
                                        financial plan under paragraph 
                                        (2) were available;
                                    ``(X) a discussion (developed in 
                                consultation with Federal, State, and 
                                tribal wildlife, land management, and 
                                regulatory agencies) of types of 
                                potential environmental and stormwater 
                                mitigation activities and potential 
                                areas to carry out those activities, 
                                including activities that may have the 
                                greatest potential to restore and 
                                maintain the environmental functions 
                                affected by the statewide 
                                transportation plan; and
                                    ``(XI) recommended strategies and 
                                investments, including those developed 
                                by the State as part of interstate 
                                compacts, agreements, or organizations, 
                                that support intercity transportation; 
                                and
                            ``(iii) be updated by the State not less 
                        frequently than once every 5 years.
            ``(2) Financial plan.--A financial plan referred to in 
        paragraph (1)(D)(ii)(VII) shall--
                    ``(A) be prepared by each State to support the 
                statewide transportation plan; and
                    ``(B) contain a description of each of the 
                following:
                            ``(i) Projected resource requirements 
                        during the 20-year planning horizon for 
                        implementing projects, strategies, and services 
                        recommended in the statewide transportation 
                        plan, including existing and projected system 
                        operating and maintenance needs, proposed 
                        enhancement and expansions to the system, 
                        projected available revenue from Federal, 
                        State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the State, any 
                        public transportation agency, and relevant 
                        metropolitan planning organizations, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        statewide transportation plan.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
                            ``(v) For the outer years period of the 
                        statewide transportation plan, a description of 
                        the aggregate cost ranges or bands, subject to 
                        the condition that any future funding source 
                        shall be reasonably expected to be available to 
                        support the projected cost ranges or bands.
            ``(3) Coordination with clean air act agencies.--For any 
        nonmetropolitan area that is a nonattainment area or 
        maintenance area, the State shall coordinate the development of 
        the statewide transportation plan with the process for 
        development of the transportation control measures of the State 
        implementation plan required by the Clean Air Act (42 U.S.C. 
        7401 et seq.).
            ``(4) Publication.--A statewide transportation plan 
        involving Federal and non-Federal participation programs, 
        projects, and strategies shall be published or otherwise made 
        readily available by the State for public review, including (to 
        the maximum extent practicable) in electronically accessible 
        formats and means, such as the Internet, in such manner as the 
        Secretary shall require.
            ``(5) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2), a State shall not be required to 
        select any project from the illustrative list of additional 
        projects included in the statewide transportation plan under 
        paragraph (1)(D)(ii)(IX).
            ``(6) Use of policy plans.--Notwithstanding any other 
        provision of this section, a State that has in effect, as of 
        the date of enactment of the MAP-21, a statewide transportation 
        plan that follows a policy plan approach--
                    ``(A) may, for 4 years after the date of enactment 
                of the MAP-21, continue to use a policy plan approach 
                to the statewide transportation plan; and
                    ``(B) shall be subject to the requirements of this 
                subsection only to the extent that such requirements 
                were applicable under this section (as in effect on the 
                day before the date of enactment of the MAP-21).
    ``(g) Statewide Transportation Improvement Programs.--
            ``(1) Development.--
                    ``(A) In general.--In consultation with 
                nonmetropolitan officials with responsibility for 
                transportation and affected public transportation 
                operators, the State shall develop a statewide 
                transportation improvement program for the State that--
                            ``(i) includes projects consistent with the 
                        statewide transportation plan;
                            ``(ii) reflects the investment priorities 
                        established in the statewide transportation 
                        plan; and
                            ``(iii) once implemented, makes significant 
                        progress toward achieving the performance 
                        targets described in subsection (d)(2).
                    ``(B) Opportunity for participation.--In developing 
                a statewide transportation improvement program, the 
                State, in cooperation with affected public 
                transportation operators, shall provide an opportunity 
                for participation by interested parties (including 
                State representatives of nonmotorized users) in the 
                development of the statewide transportation improvement 
                program, in accordance with subsection (e).
                    ``(C) Other requirements.--
                            ``(i) In general.--A statewide 
                        transportation improvement program shall--
                                    ``(I) cover a period of not less 
                                than 4 years; and
                                    ``(II) be updated not less 
                                frequently than once every 4 years, or 
                                more frequently, as the Governor 
                                determines to be appropriate.
                            ``(ii) Incorporation of tips.--A statewide 
                        transportation improvement program shall 
                        incorporate any relevant transportation 
                        improvement program developed by a metropolitan 
                        planning organization under section 134, 
                        without change.
                            ``(iii) Projects.--Each project included in 
                        a statewide transportation improvement program 
                        shall be--
                                    ``(I) consistent with the statewide 
                                transportation plan developed under 
                                this section for the State;
                                    ``(II) identical to a project or 
                                phase of a project described in a 
                                relevant transportation improvement 
                                program; and
                                    ``(III) for any project located in 
                                a nonattainment area or maintenance 
                                area, carried out in accordance with 
                                the applicable State air quality 
                                implementation plan developed under the 
                                Clean Air Act (42 U.S.C. 7401 et seq.).
            ``(2) Contents.--
                    ``(A) Priority list.--A statewide transportation 
                improvement program shall include a priority list of 
                proposed federally supported projects and strategies, 
                to be carried out during the 4-year period beginning on 
                the date of adoption of the statewide transportation 
                improvement program, and during each 4-year period 
                thereafter, using existing and reasonably available 
                revenues in accordance with the financial plan under 
                paragraph (3).
                    ``(B) Descriptions.--Each project or phase of a 
                project included in a statewide transportation 
                improvement program shall include sufficient 
                descriptive material (such as type of work, termini, 
                length, estimated completion date, and other similar 
                factors) to identify--
                            ``(i) the project or project phase; and
                            ``(ii) the effect that the project or 
                        project phase will have in addressing the 
                        performance targets described in subsection 
                        (d)(2).
                    ``(C) Performance target achievement.--A statewide 
                transportation improvement program shall include, to 
                the maximum extent practicable, a discussion of the 
                anticipated effect of the statewide transportation 
                improvement program toward achieving the performance 
                targets established in the statewide transportation 
                plan, linking investment priorities to those 
                performance targets.
                    ``(D) Illustrative list of projects.--An optional 
                illustrative list of projects may be prepared 
                containing additional investment priorities that--
                            ``(i) are not included in the statewide 
                        transportation improvement program; but
                            ``(ii) would be so included if resources in 
                        addition to the resources identified in the 
                        financial plan under paragraph (3) were 
                        available.
            ``(3) Financial plan.--A financial plan referred to in 
        paragraph (2)(D)(ii) shall--
                    ``(A) be prepared by each State to support the 
                statewide transportation improvement program; and
                    ``(B) contain a description of each of the 
                following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the statewide transportation 
                        improvement program, including existing and 
                        projected system operating and maintenance 
                        needs, proposed enhancement and expansions to 
                        the system, projected available revenue from 
                        Federal, State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the State and 
                        relevant metropolitan planning organizations 
                        and public transportation agencies, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        statewide transportation improvement program.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(4) Included projects.--
                    ``(A) Projects under this title and chapter 53 of 
                title 49.--A statewide transportation improvement 
                program developed under this subsection for a State 
                shall include the projects within the State that are 
                proposed for funding under chapter 1 of this title and 
                chapter 53 of title 49.
                    ``(B) Projects under chapter 2.--
                            ``(i) Regionally significant.--Each 
                        regionally significant project proposed for 
                        funding under chapter 2 shall be identified 
                        individually in the statewide transportation 
                        improvement program.
                            ``(ii) Nonregionally significant.--A 
                        description of each project proposed for 
                        funding under chapter 2 that is not determined 
                        to be regionally significant shall be contained 
                        in 1 line item or identified individually in 
                        the statewide transportation improvement 
                        program.
            ``(5) Publication.--
                    ``(A) In general.--A statewide transportation 
                improvement program shall be published or otherwise 
                made readily available by the State for public review 
                in electronically accessible formats and means, such as 
                the Internet.
                    ``(B) Annual list of projects.--An annual list of 
                projects, including investments in pedestrian walkways, 
                bicycle transportation facilities, and intermodal 
                facilities that support intercity transportation, for 
                which Federal funds have been obligated during the 
                preceding fiscal year shall be published or otherwise 
                made available by the cooperative effort of the State, 
                public transportation operator, and relevant 
                metropolitan planning organizations in electronically 
                accessible formats and means, such as the Internet, in 
                a manner that is consistent with the categories 
                identified in the relevant statewide transportation 
                improvement program.
            ``(6) Project selection for urbanized areas with 
        populations of fewer than 200,000 not represented by designated 
        mpos.--Projects carried out in urbanized areas with populations 
        of fewer than 200,000 individuals, as calculated according to 
        the most recent decennial census, and that are not represented 
        by designated metropolitan planning organizations, shall be 
        selected, from the approved statewide transportation 
        improvement program (including projects carried out on the 
        National Highway System and other projects carried out under 
        this title or under sections 5310 and 5311 of title 49) by the 
        State, in cooperation with the affected nonmetropolitan 
        planning organization, if any exists, and in consultation with 
        the affected nonmetropolitan area local officials with 
        responsibility for transportation.
            ``(7) Approval by secretary.--
                    ``(A) In general.--Not less frequently than once 
                every 4 years, a statewide transportation improvement 
                program developed under this subsection shall be 
                reviewed and approved by the Secretary, based on the 
                current planning finding of the Secretary under 
                subparagraph (B).
                    ``(B) Planning finding.--The Secretary shall make a 
                planning finding referred to in subparagraph (A) not 
                less frequently than once every 5 years regarding 
                whether the transportation planning process through 
                which statewide transportation plans and statewide 
                transportation improvement programs are developed is 
                consistent with this section and section 134.
            ``(8) Modifications to project priority.--Notwithstanding 
        any other provision of law, approval by the Secretary shall not 
        be required to carry out a project included in an approved 
        statewide transportation improvement program in place of 
        another project in the statewide transportation improvement 
        program.
    ``(h) Certification.--
            ``(1) In general.--The Secretary shall--
                    ``(A) ensure that the statewide transportation 
                planning process of a State is being carried out in 
                accordance with this section and applicable Federal law 
                (including rules and regulations); and
                    ``(B) subject to paragraph (2), certify, not later 
                than 180 days after the date of enactment of the MAP-21 
                and not less frequently than once every 5 years 
                thereafter, that the requirements of subparagraph (A) 
                are met with respect to the statewide transportation 
                planning process.
            ``(2) Requirements for certification.--The Secretary may 
        make a certification under paragraph (1)(B) if--
                    ``(A) the statewide transportation planning process 
                complies with the requirements of this section and 
                other applicable Federal law; and
                    ``(B) a statewide transportation improvement 
                program for the State has been approved by the Governor 
                of the State.
            ``(3) Effect of failure to certify.--
                    ``(A) Withholding of project funds.--If a statewide 
                transportation planning process of a State is not 
                certified under paragraph (1), the Secretary may 
                withhold up to 20 percent of the funds attributable to 
                the State for projects funded under this title and 
                chapter 53 of title 49.
                    ``(B) Restoration of withheld funds.--Any funds 
                withheld under subparagraph (A) shall be restored to 
                the State on the date of certification of the statewide 
                transportation planning process by the Secretary.
            ``(4) Public involvement.--In making a determination 
        regarding certification under this subsection, the Secretary 
        shall provide for public involvement appropriate to the State 
        under review.
    ``(i) Performance-based Planning Processes Evaluation.--
            ``(1) In general.--The Secretary shall establish criteria 
        to evaluate the effectiveness of the performance-based planning 
        processes of States, taking into consideration the following:
                    ``(A) The extent to which the State has achieved, 
                or is currently making substantial progress toward 
                achieving, the performance targets described in 
                subsection (d)(2), taking into account whether the 
                State developed meaningful performance targets.
                    ``(B) The extent to which the State has used proven 
                best practices that help ensure transportation 
                investment that is efficient and cost-effective.
                    ``(C) The extent to which the State--
                            ``(i) has developed an investment process 
                        that relies on public input and awareness to 
                        ensure that investments are transparent and 
                        accountable; and
                            ``(ii) provides regular reports allowing 
                        the public to access the information being 
                        collected in a format that allows the public to 
                        meaningfully assess the performance of the 
                        State.
            ``(2) Report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of the MAP-21, the Secretary shall 
                submit to Congress a report evaluating--
                            ``(i) the overall effectiveness of 
                        performance-based planning as a tool for 
                        guiding transportation investments; and
                            ``(ii) the effectiveness of the 
                        performance-based planning process of each 
                        State.
                    ``(B) Publication.--The report under subparagraph 
                (A) shall be published or otherwise made available in 
                electronically accessible formats and means, including 
                on the Internet.
    ``(j) Funding.--Funds apportioned under section 104(b)(6) of this 
title and set aside under section 5305(g) of title 49 shall be 
available to carry out this section.
    ``(k) Continuation of Current Review Practice.--
            ``(1) In general.--In consideration of the factors 
        described in paragraph (2), any decision by the Secretary 
        concerning a statewide transportation plan or statewide 
        transportation improvement program shall not be considered to 
        be a Federal action subject to review under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Description of factors.--The factors referred to in 
        paragraph (1) are that--
                    ``(A) statewide transportation plans and statewide 
                transportation improvement programs are subject to a 
                reasonable opportunity for public comment;
                    ``(B) the projects included in statewide 
                transportation plans and statewide transportation 
                improvement programs are subject to review under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.); and
                    ``(C) decisions by the Secretary concerning 
                statewide transportation plans and statewide 
                transportation improvement programs have not been 
                reviewed under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) as of January 1, 1997.
    ``(l) Schedule for Implementation.--The Secretary shall issue 
guidance on a schedule for implementation of the changes made by this 
section, taking into consideration the established planning update 
cycle for States. The Secretary shall not require a State to deviate 
from its established planning update cycle to implement changes made by 
this section. States shall reflect changes made to their transportation 
plan or transportation improvement program updates not later than 2 
years after the date of issuance of guidance by the Secretary under 
this subsection.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
135 and inserting the following:

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

SEC. 1203. NATIONAL GOALS.

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

``150. National goals.''.

              Subtitle C--Acceleration of Project Delivery

SEC. 1301. PROJECT DELIVERY INITIATIVE.

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

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

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

SEC. 1303. EFFICIENCIES IN CONTRACTING.

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

SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.

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

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

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

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

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

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

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

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

SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.

    (a) In General.--Section 327 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``pilot'';
            (2) in subsection (a)--
                    (A) in paragraph (1) by striking ``pilot''; and
                    (B) in paragraph (2)--
                            ``(i) in subparagraph (B)--
                                    ``(I) in clause (i), by striking 
                                `but'; and
                                    ``(II) by striking clause (ii) and 
                                inserting the following:
                            ``(ii) at the request of the State, the 
                        Secretary may also assign to the State, and the 
                        State may assume, the responsibilities of the 
                        Secretary with respect to 1 or more railroad, 
                        public transportation, or multimodal projects 
                        within the State under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.);
                            ``(iii) in a State that has assumed the 
                        responsibilities of the Secretary under clause 
                        (ii), a recipient of assistance under chapter 
                        53 of title 49 may request that the Secretary 
                        maintain the responsibilities of the Secretary 
                        with respect to 1 or more public transportation 
                        projects within the State under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 13 
                        4321 et seq.); but
                            ``(iv) the Secretary may not assign--
                                    ``(I) any responsibility imposed on 
                                the Secretary by section 134 or 135; or
                                    ``(II) responsibility for any 
                                conformity determination required under 
                                section 176 of the Clean Air Act (42 
                                U.S.C. 7506).''; and
                            (i) by adding at the end the following:
                    ``(F) Legal fees.--A State assuming the 
                responsibilities of the Secretary under this section 
                for a specific project may use funds apportioned to the 
                State under section 104(b)(2) for attorneys fees 
                directly attributable to eligible activities associated 
                with the project.'';
            (3) in subsection (b)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively; and
                    (C) in subparagraph (A) of paragraph (3) (as so 
                redesignated) by striking ``(2)'' and inserting 
                ``(1)'';
            (4) in subsection (c)--
                    (A) in paragraph (3)(D) by striking the period at 
                the end and inserting a semicolon; and
                    (B) by adding at the end the following:
            ``(4) require the State to provide to the Secretary any 
        information the Secretary considers necessary to ensure that 
        the State is adequately carrying out the responsibilities 
        assigned to the State;
            ``(5) require the Secretary--
                    ``(A) after a period of 5 years, to evaluate the 
                ability of the State to carry out the responsibility 
                assumed under this section;
                    ``(B) if the Secretary determines that the State is 
                not ready to effectively carry out the responsibilities 
                the State has assumed, to reevaluate the readiness of 
                the State every 3 years, or at such other frequency as 
                the Secretary considers appropriate, after the initial 
                5-year evaluation, until the State is ready to assume 
                the responsibilities on a permanent basis; and
                    ``(C) once the Secretary determines that the State 
                is ready to permanently assume the responsibilities of 
                the Secretary, not to require any further evaluations; 
                and
            ``(6) require the State to provide the Secretary with any 
        information, including regular written reports, as the 
        Secretary may require in conducting evaluations under paragraph 
        (5).'';
            (5) by striking subsection (g);
            (6) by redesignating subsections (h) and (i) as subsections 
        (g) and (h), respectively; and
            (7) in subsection (h) (as so redesignated)--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraph (2) as paragraph 
                (1); and
                    (C) by inserting after paragraph (1) (as so 
                redesignated) the following:
            ``(2) Termination by the state.--The State may terminate 
        the participation of the State in the program at any time by 
        providing to the Secretary a notice by not later than the date 
        that is 90 days before the date of termination, and subject to 
        such terms and conditions as the Secretary may provide.''.
    (b) Conforming Amendment.--The item relating to section 327 in the 
analysis of title 23, United States Code, is amended to read as 
follows:

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

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

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

SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL 
              EXCLUSIONS.

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

SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL REVIEWS.

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

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

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

SEC. 1313. ACCELERATED DECISIONMAKING.

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

SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE.

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

SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEMONSTRATION PROGRAM.

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

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

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

                       Subtitle D--Highway Safety

SEC. 1401. JASON'S LAW.

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

SEC. 1402. OPEN CONTAINER REQUIREMENTS.

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

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

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

SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.

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

SEC. 1405. HIGHWAY WORKER SAFETY.

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

                       Subtitle E--Miscellaneous

SEC. 1501. PROGRAM EFFICIENCIES.

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

SEC. 1502. PROJECT APPROVAL AND OVERSIGHT.

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

SEC. 1503. STANDARDS.

    (a) Practical Design.--Section 109 of title 23, United States Code, 
is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``and'' at the 
                end;
                    (B) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) utilize, when appropriate, practical design 
        solutions, as defined in this section, to ensure that 
        transportation needs are met and that funds available for 
        transportation projects are used efficiently.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``, reconstruction, 
                        resurfacing (except for maintenance 
                        resurfacing), restoration, or rehabilitation'' 
                        and inserting ``or reconstruction''; and
                            (ii) by striking ``may take into account'' 
                        and inserting ``shall consider'';
                    (B) in paragraph (2)--
                            (i) in the first sentence of the matter 
                        preceding subparagraph (A) by striking ``may'' 
                        and inserting ``shall'';
                            (ii) in subparagraph (C) by striking 
                        ``and'' at the end;
                            (iii) by redesignating subparagraph (D) as 
                        subparagraph (F); and
                            (iv) by inserting after subparagraph (C) 
                        the following:
                    ``(D) the publication entitled `Highway Safety 
                Manual' of the American Association of State Highway 
                and Transportation Officials;
                    ``(E) the publication entitled `A Guide for 
                Achieving Flexibility in Highway Design, 1st Edition', 
                published by the American Association of State Highway 
                and Transportation Officials; and'';
            (3) in subsection (f) by inserting ``pedestrian walkways,'' 
        after ``bikeways,'';
            (4) in subsection (m) by inserting ``, safe, and 
        continuous'' after ``for a reasonable'';
            (5) in subsection (q) by striking ``consistent with the 
        operative safety management system established in accordance 
        with section 303 or in accordance with'' inserting ``that is in 
        accordance with a State's strategic highway safety plan and 
        included on''; and
            (6) by adding at the end the following:
    ``(r) Definition.--In this section, the term `practical design 
solution' means a collaborative interdisciplinary approach that results 
in a transportation project that fits its physical setting, preserves 
safety, and balances costs with the necessary scope and project 
delivery needs of the project, as well as with scenic, aesthetic, 
historic, and environmental resources.''.
    (b) Additional Standards.--Section 109 of title 23, United States 
Code (as amended by subsection (a)(6)), is amended by adding at the end 
the following:
    ``(s) Pavement Markings.--The Secretary shall not approve any 
pavement markings project that includes the use of glass beads 
containing more than 200 parts per million of arsenic or lead, as 
determined in accordance with Environmental Protection Agency testing 
methods 3052, 6010B, or 6010C.''.

SEC. 1504. CONSTRUCTION.

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

SEC. 1505. MAINTENANCE.

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

SEC. 1506. FEDERAL SHARE PAYABLE.

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

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

    (a) In General.--Section 126 of title 23, United States Code, is 
amended to read as follows:
``Sec. 126. Transferability of Federal-aid highway funds
    ``(a) In General.--Notwithstanding any other provision of law, 
subject to subsection (b), a State may transfer from an apportionment 
under section 104(b) not to exceed 20 percent of the amount apportioned 
for the fiscal year to any other apportionment of the State under that 
section.
    ``(b) Application to Certain Set-asides.--Funds that are subject to 
sections 104(d) and 133(d) shall not be transferred under this section. 
The maximum amount that a State may transfer under this section of the 
State's set-aside under section 149(l) for a fiscal year may not exceed 
25 percent of (1) the amount of such set-aside, less (2) the amount of 
the State's set-aside under section 133(d)(2), as in effect on the day 
before the date of enactment of the MAP-21, for fiscal year 1997.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
126 and inserting the following:

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

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

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

SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS.

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

SEC. 1510. HOV FACILITIES.

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

SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES.

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

``SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES.

    ``(a) In General.--In accordance with the obligation process 
established pursuant to section 149(j)(4), a State shall expend amounts 
required to be obligated for this section to install diesel emission 
control technology on covered equipment, with an engine that does not 
meet current model year new engine standards for particulate matter for 
the applicable engine power group issued by the Environmental 
Protection Agency, on a covered highway construction project within a 
PM<INF>2.5</INF> nonattainment or maintenance area. Covered equipment 
repowered or retrofit with diesel exhaust control technology installed 
during the 6-year period ending on the date on which the prime contract 
was awarded for the covered highway construction project and equipment 
that meets the Environmental Protection Agency Tier 4 emission 
standards may be exempt from the requirements of this section.
    ``(b) Definitions.--In this section, the following definitions 
apply:
            ``(1) Covered equipment.--The term `covered equipment' 
        means any nonroad diesel equipment or on-road diesel equipment 
        that is operated on a covered highway construction project for 
        not less than 80 hours over the life of the project.
            ``(2) Covered highway construction project.--
                    ``(A) In general.--The term `covered highway 
                construction project' means a highway construction 
                project carried out under this title or any other 
                Federal law which is funded in whole or in part with 
                Federal funds.
                    ``(B) Exclusions.--Any project with a total 
                budgeted cost not to exceed $5,000,000 may be excluded 
                from the requirements of this section by an applicable 
                State or metropolitan planning organization.
            ``(3) Diesel emission control technology.--The term `diesel 
        emission control technology' means a technology that--
                    ``(A) is--
                            ``(i) a diesel exhaust control technology;
                            ``(ii) a diesel engine upgrade;
                            ``(iii) a diesel engine repower;
                            ``(iv) an idle reduction control 
                        technology; or
                            ``(v) any combination of the technologies 
                        listed in clauses (i) through (iv);
                    ``(B) reduces particulate matter emission from 
                covered equipment by--
                            ``(i) not less than 85 percent control of 
                        any emission of particulate matter; or
                            ``(ii) the maximum achievable reduction of 
                        any emission of particulate matter, taking cost 
                        and safety into account; and
                    ``(C) is installed on and operated with the covered 
                equipment while the equipment is operated on a covered 
                highway construction project and that remains 
                operational on the covered equipment for the useful 
                life of the control technology or equipment.
            ``(4) Eligible entity.--The term `eligible entity' means an 
        entity (including a subcontractor of the entity) that has 
        entered into a prime contract or agreement with a State to 
        carry out a covered highway construction project.
            ``(5) Nonroad diesel equipment.--
                    ``(A) In general.--The term `nonroad diesel 
                equipment' means a vehicle, including covered 
                equipment, that is--
                            ``(i) powered by a nonroad diesel engine of 
                        not less than 50 horsepower; and
                            ``(ii) not intended for highway use.
                    ``(B) Inclusions.--The term `nonroad diesel 
                equipment' includes a backhoe, bulldozer, compressor, 
                crane, excavator, generator, and similar equipment.
                    ``(C) Exclusions.--The term `nonroad diesel 
                equipment' does not include a locomotive or marine 
                vessel.
            ``(6) On-road diesel equipment.--The term `on-road diesel 
        equipment' means any self-propelled vehicle that--
                    ``(A) operates on diesel fuel;
                    ``(B) is designed to transport persons or property 
                on a street or highway; and
                    ``(C) has a gross vehicle weight rating of at least 
                14,000 pounds.
            ``(7) PM<INF>2.5</INF> nonattainment or maintenance area.--
        The term `PM<INF>2.5</INF> nonattainment or maintenance area' 
        means a nonattainment or maintenance area designated under 
        section 107(d)(6) of the Clean Air Act (42 U.S.C. 7407(d)(6)).
    ``(c) Criteria Eligible Activities.--For purposes of subsection 
(b)(3)(A):
            ``(1) Diesel exhaust control technology.--For a diesel 
        exhaust control technology, the technology shall be--
                    ``(A) installed on a diesel engine or vehicle;
                    ``(B) a verified technology (as defined in section 
                791 of the Energy Policy Act of 2005 (42 U.S.C. 
                16131)), for nonroad vehicles and nonroad engines (as 
                defined in section 216 of the Clean Air Act (42 U.S.C. 
                7550)); and
                    ``(C) certified by the installer as having been 
                installed in accordance with the specifications 
                included on the list published pursuant to section 
                149(f)(2), as in effect on the day before the date of 
                enactment of the MAP-21, for achieving a reduction in 
                particulate matter.
            ``(2) Diesel engine upgrade.--For a diesel engine upgrade, 
        the upgrade shall be performed on an engine that is--
                    ``(A) rebuilt using new or manufactured components 
                that collectively qualify as verified technologies (as 
                defined in section 791 of the Energy Policy Act of 2005 
                (42 U.S.C. 16131)), for nonroad vehicles and nonroad 
                engines (as defined in section 216 of the Clean Air Act 
                (42 U.S.C. 7550)); and
                    ``(B) certified by the installer to have been 
                installed in accordance with the specifications 
                included on the list published pursuant to section 
                149(f)(2), as in effect on the day before the date of 
                enactment of the MAP-21, for achieving a reduction in 
                particulate matter.
            ``(3) Diesel engine repower.--For a diesel engine repower, 
        the repower shall be conducted using a new or remanufactured 
        diesel engine that is--
                    ``(A) installed as a replacement for an engine used 
                in the existing equipment, subject to the condition 
                that the replaced engine is returned to the supplier 
                for remanufacturing to a more stringent set of engine 
                emissions standards or for use as scrap; and
                    ``(B) meeting a more stringent engine particulate 
                matter emission standard for the applicable engine 
                power group established by the Environmental Protection 
                Agency than the engine particulate matter emission 
                standard applicable to the replaced engine.
            ``(4) Idle reduction control technology.--For an idle 
        reduction control technology, the technology shall be--
                    ``(A) installed on a diesel engine or vehicle;
                    ``(B) a verified technology (as defined in section 
                791 of the Energy Policy Act of 2005 (42 U.S.C. 
                16131)), for nonroad vehicles and nonroad engines (as 
                defined in section 216 of the Clean Air Act (42 U.S.C. 
                7550)); and
                    ``(C) certified by the installer as having been 
                installed in accordance with the specifications 
                included on the list published pursuant to section 
                149(f)(2), as in effect on the day before the date of 
                enactment of the MAP-21, for achieving a reduction in 
                particulate matter.
    ``(d) Eligibility for Credits.--
            ``(1) In general.--A State may take credit in a State 
        implementation plan for national ambient air quality standards 
        for any emission reductions that result from the implementation 
        of this section.
            ``(2) Crediting.--An emission reduction described in 
        paragraph (1) may be credited toward demonstrating conformity 
        of State implementation plans and transportation plans.''.
    (b) Savings Clause.--Nothing in this section modifies or otherwise 
affects any authority or restrictions established under the Clean Air 
Act (42 U.S.C. 7401 et seq.).
    (c) Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Environment 
        and Public Works of the Senate a report that describes the 
        manners in which section 330 of title 23, United States Code 
        (as added by subsection (a)) has been implemented, including 
        the quantity of covered equipment serviced under those sections 
        and the costs associated with servicing the covered equipment.
            (2) Information from states.--The Secretary shall require 
        States and recipients, as a condition of receiving amounts 
        under this Act or under the provisions of any amendments made 
        by this Act, to submit to the Secretary any information that 
        the Secretary determines necessary to complete the report under 
        paragraph (1).
    (d) Technical Amendment.--The analysis for chapter 3 of title 23, 
United States Code, is amended by adding at the end the following:

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

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

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

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

    Section 1023(h) of the Intermodal Surface Transportation Efficiency 
Act of 1991 (23 U.S.C. 127 note; Public Law 102-388) is amended--
            (1) in the heading of paragraph (1) by striking ``Temporary 
        exemption'' and inserting ``Exemption'';
            (2) in paragraph (1) by striking ``, for the period 
        beginning on October 6, 1992, and ending on October 1, 2009,''; 
        and
            (3) in paragraph (2)(A) by striking ``For the period 
        beginning on the date of enactment of this subparagraph and 
        ending on September 30, 2009, a'' and inserting ``A''.

SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT AMENDMENTS.

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

``SEC. 214. AGENCY COORDINATION.

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

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

    (a) In General.--The Secretary shall encourage the States and 
regional transportation planning agencies to enter into contracts and 
cooperative agreements with qualified youth service or conservation 
corps, as defined in sections 122(a)(2) of Public Law 101-610 (42 
U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103-82 (42 U.S.C. 
12656(c)(3)) to perform--
            (1) appropriate projects eligible under sections 162, 206, 
        and 217 of title 23, United States Code;
            (2) appropriate transportation enhancement activities, as 
        defined under section 101(a) of such title;
            (3) appropriate byway, trail, or bicycle and pedestrian 
        projects under sections 202, 203, and 204 of such title; and
            (4) appropriate safe routes to school projects under 
        section 1404 of the SAFETEA-LU (119 Stat. 1228).
    (b) Requirements.--Under any contract or cooperative agreement 
entered into with a qualified youth service or conservation corps under 
this section, the Secretary shall--
            (1) set the amount of a living allowance or rate of pay for 
        each participant in such corps at--
                    (A) such amount or rate as required under State law 
                in a State with such requirements; or
                    (B) for corps in States not described in 
                subparagraph (A), at such amount or rate as determined 
                by the Secretary, not to exceed the maximum living 
                allowance authorized by section 140 of Public Law 101-
                610 (42 U.S.C. 12594); and
            (2) not subject such corps to the requirements of section 
        112 of title 23, United States Code.

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

    (a) Consolidation of Programs.--From administrative funds made 
available under section 104(a) of title 23, United States Code, not 
less than $15,000,000 for each of fiscal years 2012 and 2013 shall be 
made available for the following activities:
            (1) To carry out the operation lifesaver program--
                    (A) to provide public information and education 
                programs to help prevent and reduce motor vehicle 
                accidents, injuries, and fatalities; and
                    (B) to improve driver performance at railway-
                highway crossings.
            (2) To operate the national work zone safety information 
        clearinghouse authorized by section 358(b)(2) of the National 
        Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 
        Stat. 625)
            (3) To operate a public road safety clearinghouse in 
        accordance with section 1411(a) of the SAFETEA-LU (23 U.S.C. 
        402 note; 119 Stat. 1234).
            (4) To operate a bicycle and pedestrian safety 
        clearinghouse in accordance with section 1411(b) of the 
        SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1234).
            (5) To operate a national safe routes to school 
        clearinghouse in accordance with section 1404(g) of the 
        SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1229).
            (6) To provide work zone safety grants in accordance with 
        subsections (a) and (b) of section 1409 of the SAFETEA-LU (23 
        U.S.C. 401 note; 119 Stat. 1232).
            (7) To provide grants to prohibit racial profiling in 
        accordance with section 1906 of the SAFETEA-LU (23 U.S.C. 402 
        note; 119 Stat. 1468).
    (b) Repeals.--Sections 105, 110, 117, 124, 151, 155, 160, and 303 
of title 23, United States Code, are repealed.
    (c) Conforming Amendments.--
            (1) Title analysis.--The analysis for title 23, United 
        States Code, is amended by striking the items relating to 
        sections 105, 110, 117, 124, 151, 155, 160, and 303 of that 
        title.
            (2) Section 118.--Section 118 of such title is amended--
                    (A) in subsection (b)--
                            (i) by striking paragraph (1) and all that 
                        follows through the heading of paragraph (2); 
                        and
                            (ii) by striking ``(other than for 
                        Interstate construction)'';
                    (B) by striking subsection (c); and
                    (C) by redesignating subsections (d) and (e) as 
                subsections (c) and (d), respectively.
            (3) Section 130.--Section 130 of such title is amended--
                    (A) by striking subsections (e) through (h);
                    (B) by redesignating subsection (i) as subsection 
                (e);
                    (C) by striking subsections (j) and (k);
                    (D) by redesignating subsection (l) as subsection 
                (f);
                    (E) in subsection (e) (as so redesignated) by 
                striking ``this section''the second place it appears 
                and inserting ``section 104(b)(3)''; and
                    (F) in subsection (f) (as so redesignated) by 
                striking paragraphs (3) and (4).
            (4) Section 142.--Section 142 of title 23, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking ``motor vehicles 
                                (other than rail)'' and inserting 
                                ``buses'';
                                    (II) by striking ``(hereafter in 
                                this section referred to as `buses')'';
                                    (III) by striking ``Federal-aid 
                                systems'' and inserting ``Federal-aid 
                                highways''; and
                                    (IV) by striking ``Federal-aid 
                                system'' and inserting ``Federal-aid 
                                highway''; and
                            (ii) in paragraph (2)--
                                    (I) by striking ``as a project on 
                                the the surface transportation program 
                                for''; and
                                    (II) by striking ``section 
                                104(b)(3)'' and inserting ``section 
                                104(b)(2);
                    (B) in subsection (b) by striking ``104(b)(4)'' and 
                inserting ``104(b)(1)'';
                    (C) in subsection (c)--
                            (i) by striking ``system'' in each place it 
                        appears and inserting ``highway''; and
                            (ii) by striking ``highway facilities'' and 
                        inserting ``highways eligible under the program 
                        that is the source of the funds'';
                    (D) in subsection (e)(2)--
                            (i) by striking ``Notwithstanding section 
                        209(f)(1) of the Highway Revenue Act of 1956, 
                        the Highway Trust Fund shall be available for 
                        making expenditures to meet obligations 
                        resulting from projects authorized by 
                        subsection (a)(2) of this section and such 
                        projects'' and inserting ``Projects authorized 
                        by subsection (a)(2)''; and
                            (ii) striking ``on the surface 
                        transportation program'' and inserting ``under 
                        the transportation mobility program''; and
                    (E) in subsection (f) by striking ``exits'' and 
                inserting ``exists''.
            (5) Section 145.--Section 145(b) of title 23, United States 
        Code, is amended by striking ``section 117 of this title,''.
            (6) Section 322.--Section 322(h)(3) of title 23, United 
        States Code, is amended by striking ``surface transportation 
        program'' and inserting ``the transportation mobility 
        program''.
    (d) Certain Allocations.--Notwithstanding any other provision of 
law, any unobligated balances of amounts required to be allocated to a 
State by section 1307(d)(1) of the SAFETEA-LU (23 U.S.C. 322 note; 119 
Stat. 1217; 122 Stat. 1577) shall instead be made available to such 
State for any purpose eligible under section 133(c) of title 23, United 
States Code.

SEC. 1517. RESCISSIONS.

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

SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELECTION.

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

SEC. 1519. EFFECTIVE AND SIGNIFICANT PERFORMANCE MEASURES.

    (a) Limited Number of Performance Measures.--In implementing 
provisions of this Act (including the amendments made by this Act) and 
title 23, United States Code (other than chapter 4 of that title), that 
authorize the Secretary to develop performance measures, the Secretary 
shall limit the number of performance measures established to the most 
significant and effective measures.
    (b) Different Approaches for Urban and Rural Areas.--In the 
development and implementation of any performance target, a State may, 
as appropriate, provide for different performance targets for urbanized 
and rural areas.

SEC. 1520. REQUIREMENTS FOR ELIGIBLE BRIDGE PROJECTS.

    (a) Definitions.--In this section:
            (1) Eligible bridge project.--The term ``eligible bridge 
        project'' means a project for construction, alteration, or 
        repair work on a bridge or overpass funded directly by, or 
        provided other assistance through, the Federal Government.
            (2) Qualified training program.--The term ``qualified 
        training program'' means a training program that--
                    (A)(i) is certified by the Secretary of Labor; and
                    (ii) with respect to an eligible bridge project 
                located in an area in which the Secretary of Labor 
                determines that a training program does not exist, is 
                registered with--
                            (I) the Department of Labor; or
                            (II) a State agency recognized by the 
                        Department of Labor for purposes of a Federal 
                        training program; or
                    (B) is a corrosion control, mitigation and 
                prevention personnel training program that is offered 
                by an organization whose standards are recognized and 
                adopted in other Federal or State Departments of 
                Transportation.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Eligibility Requirements.--
            (1) In general.--Each contractor and subcontractor that 
        carries out any aspect of an eligible bridge project described 
        in paragraph (2) shall--
                    (A) before entering into the applicable contract, 
                be certified by the Secretary or a State, in accordance 
                with paragraph (4), as meeting the eligibility 
                requirements described in paragraph (3); and
                    (B) remain certified as described in subparagraph 
                (A) while carrying out the applicable aspect of the 
                eligible bridge project.
            (2) Description of aspects of eligible bridge projects.--An 
        aspect of an eligible bridge project referred to in paragraph 
        (1) is--
                    (A) surface preparation or coating application on 
                bridge steel of an eligible bridge project;
                    (B) removal of a lead-based or other hazardous 
                coating from bridge steel of an existing eligible 
                bridge project;
                    (C) shop painting of structural steel fabricated 
                for installation on bridge steel of an eligible bridge 
                project; and
                    (D) the design, application, installation, and 
                maintenance of a cathodic protection system.
            (3) Requirements.--The eligibility requirements referred to 
        in paragraph (1) are that a contractor or subcontractor shall--
                    (A) as determined by the Secretary--
                            (i) use corrosion mitigation and prevention 
                        methods to preserve relevant bridges and 
                        overpasses, taking into account--
                                    (I) material selection;
                                    (II) coating considerations;
                                    (III) cathodic protection 
                                considerations;
                                    (IV) design considerations for 
                                corrosion; and
                                    (V) trained applicators;
                            (ii) use best practices--
                                    (I) to prevent environmental 
                                degradation; and
                                    (II) to ensure careful handling of 
                                all hazardous materials; and
                            (iii) demonstrate a history of employing 
                        industry-respected inspectors to ensure funds 
                        are used in the interest of affected taxpayers; 
                        and
                    (B) demonstrate a history of compliance with 
                applicable requirements of the Occupational Safety and 
                Health Administration, as determined by the Secretary 
                of Labor.
            (4) State consultation.--In determining whether to certify 
        a contractor or subcontractor under paragraph (1)(A), a State 
        shall consult with engineers and other experts trained in 
        accordance with subsection (a)(2) specializing in corrosion 
        control, mitigation, and prevention methods.
    (c) Optional Training Program.--As a condition of entering into a 
contract for an eligible bridge project, each contractor and 
subcontractor that performs construction, alteration, or repair work on 
a bridge or overpass for the eligible bridge project may provide, or 
make available, training, through a qualified training program, for 
each applicable craft or trade classification of employees that the 
contractor or subcontractor intends to employ to carry out aspects of 
eligible bridge projects as described in subsection (b)(2).

SEC. 1521. IDLE REDUCTION TECHNOLOGY.

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

SEC. 1522. REPORT ON HIGHWAY TRUST FUND EXPENDITURES.

    (a) Initial Report.--Not later than 150 days after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report describing the activities funded from 
the Highway Trust Fund during each of fiscal years 2009 through 2011, 
including for purposes other than construction and maintenance of 
highways and bridges.
    (b) Updates.--Not later than 5 years after the date on which the 
report is submitted under subsection (a) and every 5 years thereafter, 
the Comptroller General of the United States shall submit to Congress a 
report that updates the information provided in the report under that 
subsection for the applicable 5-year period.
    (c) Inclusions.--A report submitted under subsection (a) or (b) 
shall include information similar to the information included in the 
report of the Government Accountability Office numbered ``GAO-09-729R'' 
and entitled ``Highway Trust Fund Expenditures on Purposes Other Than 
Construction and Maintenance of Highways and Bridges During Fiscal 
Years 2004-2008''.

SEC. 1523. EVACUATION ROUTES.

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

SEC. 1524. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS 
              TRANSPORTATION INFRASTRUCTURE IN THE VICINITY OF MILITARY 
              INSTALLATIONS.

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

SEC. 1525. EXPRESS LANES DEMONSTRATION PROGRAM.

    Section 1604(b) of the SAFETEA-LU (23 U.S.C. 129 note; Public Law 
109-59) is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (ii), by inserting ``and'' after the 
                semicolon;
                    (B) by striking clause (iii); and
                    (C) by redesignating clause (iv) as clause (iii); 
                and
            (2) in paragraph (2), by striking ``2009'' and inserting 
        ``2013''.

SEC. 1526. TREATMENT OF HISTORIC SIGNS.

    The Secretary shall, not later than 180 days after the date of 
enactment of this Act, initiate a rulemaking to exempt locally 
identified historic street name signs or replicas of historic signs 
from complying with all or part of section 2D.43 of the Manual on 
Uniform Traffic Control Devices.

SEC. 1527. CONSOLIDATION OF GRANTS.

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

SEC. 1528. BUY AMERICA PROVISIONS.

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

SEC. 1529. EXEMPTIONS FROM REQUIREMENTS FOR CERTAIN FARM VEHICLES.

    (a) Federal Requirements.--A covered farm vehicle, including the 
individual operating that vehicle, shall be exempt from the following:
            (1) Any requirement relating to commercial driver's 
        licenses established under chapter 313 of title 49, United 
        States Code.
            (2) Any requirement relating to medical certificates 
        established under--
                    (A) subchapter III of chapter 311 of title 49, 
                United States Code; or
                    (B) chapter 313 of title 49, United States Code.
            (3) Any requirement relating to hours of service 
        established under--
                    (A) subchapter III of chapter 311 of title 49, 
                United States Code; or
                    (B) chapter 315 of title 49, United States Code.
            (4) Any requirement relating to vehicle inspection, repair, 
        and maintenance established under--
                    (A) subchapter III of chapter 311 of title 49, 
                United States Code; or
                    (B) chapter 315 of title 49, United States Code.
    (b) State Requirements.--
            (1) In general.--Federal transportation funding to a State 
        may not be terminated, limited, or otherwise interfered with as 
        a result of the State exempting a covered farm vehicle, 
        including the individual operating that vehicle, from any State 
        requirement relating to the operation of that vehicle.
            (2) Exception.--Paragraph (1) does not apply with respect 
        to a covered farm vehicle transporting hazardous materials that 
        require a placard.
            (3) State requirements.--Notwithstanding section (a) or any 
        other provision of law, a State may enact and enforce safety 
        requirements related to covered farm vehicles.
    (c) Covered Farm Vehicle Defined.--
            (1) In general.--In this section, the term ``covered farm 
        vehicle'' means a motor vehicle (including an articulated motor 
        vehicle)--
                    (A) that--
                            (i) is traveling in the State in which the 
                        vehicle is registered or another State;
                            (ii) is operated by--
                                    (I) a farm owner or operator;
                                    (II) a ranch owner or operator; or
                                    (III) an employee or family member 
                                of an individual specified in subclause 
                                (I) or (II);
                            (iii) is transporting to or from a farm or 
                        ranch--
                                    (I) agricultural commodities;
                                    (II) livestock; or
                                    (III) machinery or supplies;
                            (iv) except as provided in paragraph (2), 
                        is not used in the operations of a for-hire 
                        motor carrier; and
                            (v) is equipped with a special license 
                        plate or other designation by the State in 
                        which the vehicle is registered to allow for 
                        identification of the vehicle as a farm vehicle 
                        by law enforcement personnel; and
                    (B) that has a gross vehicle weight rating or gross 
                vehicle weight, whichever is greater, that is--
                            (i) 26,001 pounds or less; or
                            (ii) greater than 26,001 pounds and 
                        traveling within the State or within 150 air 
                        miles of the farm or ranch with respect to 
                        which the vehicle is being operated.
            (2) Inclusion.--In this section, the term ``covered farm 
        vehicle'' includes a motor vehicle that meets the requirements 
        of paragraph (1) (other than paragraph (1)(A)(iv)) and is--
                    (A) operated pursuant to a crop share farm lease 
                agreement;
                    (B) owned by a tenant with respect to that 
                agreement; and
                    (C) transporting the landlord's portion of the 
                crops under that agreement.
    (d) Safety Study.--The Secretary shall conduct a study of the 
exemption required by section (a) as follows--
            (1) Data and analysis of covered farm vehicles shall 
        include:
                    (A) the number of vehicles that are operated 
                subject to each of the regulatory exemptions permitted 
                under section (a);
                    (B) the number of drivers that operate covered farm 
                vehicles subject to each of the regulatory exemptions 
                permitted under section (a);
                    (C) the number of crashes involving covered farm 
                vehicles;
                    (D) the number of occupants and non-occupants 
                injured in crashes involving covered farm vehicles;
                    (E) the number of fatalities of occupants and non-
                occupants killed in crashes involving farm vehicles;
                    (F) crash investigations and accident 
                reconstruction investigations of all fatalities in 
                crashes involving covered farm vehicles;
                    (G) overall operating mileage of covered farm 
                vehicles;
                    (H) numbers of covered farm vehicles that operate 
                in neighboring states; and
                    (I) any other data the Secretary deems necessary to 
                analyze and include.
            (2) A listing of state regulations issued and maintained in 
        each state that are identical to the federal regulations that 
        are subject to exemption in section (a).
            (3) The Secretary shall report the findings of the study to 
        the appropriate committees of the Congress not later than 18 
        months after enactment of MAP-21.

SEC. 1530. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

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

SEC. 1531. DENALI COMMISSION.

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

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

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

SEC. 1532. UPDATED CORROSION CONTROL AND PREVENTION REPORT.

    Not later than 30 months after the date of enactment of this Act, 
the Secretary shall submit to Congress an updated report on the costs 
and benefits of the prevention and control of corrosion on the surface 
transportation infrastructure of the United States.

SEC. 1533. HARBOR MAINTENANCE TRUST FUND.

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

SEC. 1534. ENRICHMENT TECHNOLOGY AND INTELLECTUAL PROPERTY.

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

SEC. 1535. SENSE OF SENATE CONCERNING EXPEDITIOUS COMPLETION OF 
              ENVIRONMENTAL REVIEWS, APPROVALS, LICENSING, AND PERMIT 
              REQUIREMENTS.

    It is the sense of the Senate that Federal agencies should--
            (1) ensure that all applicable environmental reviews, 
        approvals, licensing, and permit requirements under Federal law 
        are completed on an expeditious basis following any disaster or 
        emergency declared under Federal law, including--
                    (A) a major disaster declared by the President 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170); 
                and
                    (B) an emergency declared by the President under 
                section 501 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5191); and
            (2) use the shortest existing applicable process under 
        Federal law to complete each review, approval, licensing, and 
        permit requirement described in paragraph (1) following a 
        disaster or emergency described in that paragraph.

                   Subtitle F--Gulf Coast Restoration

SEC. 1601. SHORT TITLE.

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

SEC. 1602. GULF COAST RESTORATION TRUST FUND.

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

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

    Section 311 of the Federal Water Pollution Control Act (33 U.S.C. 
1321) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (25)(B), by striking ``and'' at 
                the end;
                    (B) in paragraph (26)(D), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(27) the term `Chairperson' means the Chairperson of the 
        Council;
            ``(28) the term `coastal political subdivision' means any 
        local political jurisdiction that is immediately below the 
        State level of government, including a county, parish, or 
        borough, with a coastline that is contiguous with any portion 
        of the United States Gulf of Mexico;
            ``(29) the term `Comprehensive Plan' means the 
        comprehensive plan developed by the Council pursuant to 
        subsection (t);
            ``(30) the term `Council' means the Gulf Coast Ecosystem 
        Restoration Council established pursuant to subsection (t);
            ``(31) the term `Deepwater Horizon oil spill' means the 
        blowout and explosion of the mobile offshore drilling unit 
        Deepwater Horizon that occurred on April 20, 2010, and 
        resulting hydrocarbon releases into the environment;
            ``(32) the term `Gulf Coast ecosystem' means--
                    ``(A) in the Gulf Coast States, the coastal zones 
                (as that term is defined in section 304 of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1453), except 
                that, in this section, the term `coastal zones' 
                includes land within the coastal zones that is held in 
                trust by, or the use of which is by law subject solely 
                to the discretion of, the Federal Government or 
                officers or agents of the Federal Government) that 
                border the Gulf of Mexico;
                    ``(B) any adjacent land, water, and watersheds, 
                that are within 25 miles of the coastal zones described 
                in subparagraph (A) of the Gulf Coast States; and
                    ``(C) all Federal waters in the Gulf of Mexico;
            ``(33) the term `Gulf Coast State' means any of the States 
        of Alabama, Florida, Louisiana, Mississippi, and Texas; and
            ``(34) the term `Trust Fund' means the Gulf Coast 
        Restoration Trust Fund established pursuant to section 1602 of 
        the Resources and Ecosystems Sustainability, Tourist 
        Opportunities, and Revived Economies of the Gulf Coast States 
        Act of 2012.'';
            (2) in subsection (s), by inserting ``except as provided in 
        subsection (t)'' before the period at the end; and
            (3) by adding at the end the following:
    ``(t) Gulf Coast Restoration and Recovery.--
            ``(1) State allocation and expenditures.--
                    ``(A) In general.--Of the total amounts made 
                available in any fiscal year from the Trust Fund, 35 
                percent shall be available, in accordance with the 
                requirements of this section, to the Gulf Coast States 
                in equal shares for expenditure for ecological and 
                economic restoration of the Gulf Coast ecosystem in 
                accordance with this subsection.
                    ``(B) Use of funds.--
                            ``(i) Eligible activities.--Amounts 
                        provided to the Gulf States under this 
                        subsection may only be used to carry out 1 or 
                        more of the following activities:
                                    ``(I) Coastal restoration projects 
                                and activities, including conservation 
                                and coastal land acquisition.
                                    ``(II) Mitigation of damage to, and 
                                restoration of, fish, wildlife, or 
                                natural resources.
                                    ``(III) Implementation of a 
                                federally approved marine, coastal, or 
                                comprehensive conservation management 
                                plan, including fisheries monitoring.
                                    ``(IV) Programs to promote tourism 
                                in a Gulf Coast State, including 
                                recreational fishing.
                                    ``(V) Programs to promote the 
                                consumption of seafood produced from 
                                the Gulf Coast ecosystem.
                                    ``(VI) Programs to promote 
                                education regarding the natural 
                                resources of the Gulf Coast ecosystem.
                                    ``(VII) Planning assistance.
                                    ``(VIII) Workforce development and 
                                job creation.
                                    ``(IX) Improvements to or upon 
                                State parks located in coastal areas 
                                affected by the Deepwater Horizon oil 
                                spill.
                                    ``(X) Mitigation of the ecological 
                                and economic impact of outer 
                                Continental Shelf activities and the 
                                impacts of the Deepwater Horizon oil 
                                spill or promotion of the long-term 
                                ecological or economic recovery of the 
                                Gulf Coast ecosystem through the 
                                funding of infrastructure projects.
                                    ``(XI) Coastal flood protection and 
                                infrastructure directly affected by 
                                coastal wetland losses, beach erosion, 
                                or the impacts of the Deepwater Horizon 
                                oil spill.
                                    ``(XII) Administrative costs of 
                                complying with this subsection.
                            ``(ii) Limitation.--
                                    ``(I) In general.--Of the amounts 
                                received by a Gulf State under this 
                                subsection not more than 3 percent may 
                                be used for administrative costs 
                                eligible under clause (i)(XII).
                                    ``(II) Prohibition on use for 
                                imported seafood.--None of the funds 
                                made available under this subsection 
                                shall be used for any program to 
                                support or promote imported seafood or 
                                any seafood product that is not 
                                harvested from the Gulf Coast 
                                ecosystem.
                    ``(C) Coastal political subdivisions.--
                            ``(i) In general.--In the case of a State 
                        where the coastal zone includes the entire 
                        State--
                                    ``(I) 75 percent of funding shall 
                                be provided to the 8 disproportionally 
                                affected counties impacted by the 
                                Deepwater Horizon Oil Spill; and
                                    ``(II) 25 percent shall be provided 
                                to nondisproportionately impacted 
                                counties within the State.
                            ``(ii) Florida.--
                                    ``(I) Disproportionally affected 
                                counties.--Of the total amounts made 
                                available to counties in the State of 
                                Florida under clause (i)(I)--
                                            ``(aa) 10 percent shall be 
                                        distributed equally among the 8 
                                        disproportionately affected 
                                        counties; and
                                            ``(bb) 90 percent shall be 
                                        distributed to the 8 
                                        disproportionately affected 
                                        counties in accordance with the 
                                        following weighted formula:

                                                    ``(AA) 30 percent 
                                                based on the weighted 
                                                average of the county 
                                                shoreline oiled.

                                                    ``(BB) 30 percent 
                                                based on the weighted 
                                                average of the county 
                                                per capita sales tax 
                                                collections estimated 
                                                for the fiscal year 
                                                ending September 30, 
                                                2012.

                                                    ``(CC) 20 percent 
                                                based on the weighted 
                                                average of the 
                                                population of the 
                                                county.

                                                    ``(DD) 20 percent 
                                                based on the inverse 
                                                proportion of the 
                                                weighted average 
                                                distance from the 
                                                Deepwater Horizon oil 
                                                rig to each of the 
                                                nearest and farthest 
                                                points of the 
                                                shoreline.

                                    ``(II) Nondisproportionately 
                                impacted counties.--The total amounts 
                                made available to coastal political 
                                subdivisions in the State of Florida 
                                under clause (i)(II) shall be 
                                distributed according to the following 
                                weighted formula:
                                            ``(aa) 34 percent based on 
                                        the weighted average of the 
                                        population of the county.
                                            ``(bb) 33 percent based on 
                                        the weighted average of the 
                                        county per capita sales tax 
                                        collections estimated for the 
                                        fiscal year ending September 
                                        30, 2012.
                                            ``(cc) 33 percent based on 
                                        the inverse proportion of the 
                                        weighted average distance from 
                                        the Deepwater Horizon oil rig 
                                        to each of the nearest and 
                                        farthest points of the 
                                        shoreline.
                            ``(iii) Louisiana.--Of the total amounts 
                        made available to the State of Louisiana under 
                        this paragraph:
                                    ``(I) 70 percent shall be provided 
                                directly to the State in accordance 
                                with this subsection.
                                    ``(II) 30 percent shall be provided 
                                directly to parishes in the coastal 
                                zone (as defined in section 304 of the 
                                Coastal Zone Management Act of 1972 (16 
                                U.S.C. 1453)) of the State of Louisiana 
                                according to the following weighted 
                                formula:
                                            ``(aa) 40 percent based on 
                                        the weighted average of miles 
                                        of the parish shoreline oiled.
                                            ``(bb) 40 percent based on 
                                        the weighted average of the 
                                        population of the parish.
                                            ``(cc) 20 percent based on 
                                        the weighted average of the 
                                        land mass of the parish.
                            ``(iv) Conditions.--
                                    ``(I) Land use plan.--As a 
                                condition of receiving amounts 
                                allocated under clause (iii), the chief 
                                executive of the eligible parish shall 
                                certify to the Governor of the State 
                                that the parish has completed a 
                                comprehensive land use plan.
                                    ``(II) Other conditions.--A coastal 
                                political subdivision receiving funding 
                                under this subsection shall meet all of 
                                the conditions in subparagraph (D).
                    ``(D) Conditions.--As a condition of receiving 
                amounts from the Trust Fund, a Gulf Coast State, 
                including the entities described in subparagraph (E), 
                or a coastal political subdivision shall--
                            ``(i) agree to meet such conditions, 
                        including audit requirements, as the Secretary 
                        of the Treasury determines necessary to ensure 
                        that amounts disbursed from the Trust Fund will 
                        be used in accordance with this subsection;
                            ``(ii) certify in such form and in such 
                        manner as the Secretary of the Treasury 
                        determines necessary that the project or 
                        program for which the Gulf Coast State or 
                        coastal political subdivision is requesting 
                        amounts--
                                    ``(I) is designed to restore and 
                                protect the natural resources, 
                                ecosystems, fisheries, marine and 
                                wildlife habitats, beaches, coastal 
                                wetlands, or economy of the Gulf Coast;
                                    ``(II) carries out 1 or more of the 
                                activities described in subparagraph 
                                (B)(i);
                                    ``(III) was selected based on 
                                meaningful input from the public, 
                                including broad-based participation 
                                from individuals, businesses, and 
                                nonprofit organizations; and
                                    ``(IV) in the case of a natural 
                                resource protection or restoration 
                                project, is based on the best available 
                                science;
                            ``(iii) certify that the project or program 
                        and the awarding of a contract for the 
                        expenditure of amounts received under this 
                        subsection are consistent with the standard 
                        procurement rules and regulations governing a 
                        comparable project or program in that State, 
                        including all applicable competitive bidding 
                        and audit requirements; and
                            ``(iv) develop and submit a multiyear 
                        implementation plan for use of those funds.
                    ``(E) Approval by state entity, task force, or 
                agency.--The following Gulf Coast State entities, task 
                forces, or agencies shall carry out the duties of a 
                Gulf Coast State pursuant to this paragraph:
                            ``(i) Alabama.--
                                    ``(I) In general.--In the State of 
                                Alabama, the Alabama Gulf Coast 
                                Recovery Council, which shall be 
                                comprised of only the following:
                                            ``(aa) The Governor of 
                                        Alabama, who shall also serve 
                                        as Chairperson and preside over 
                                        the meetings of the Alabama 
                                        Gulf Coast Recovery Council.
                                            ``(bb) The Director of the 
                                        Alabama State Port Authority, 
                                        who shall also serve as Vice 
                                        Chairperson and preside over 
                                        the meetings of the Alabama 
                                        Gulf Coast Recovery Council in 
                                        the absence of the Chairperson.
                                            ``(cc) The Chairman of the 
                                        Baldwin County Commission.
                                            ``(dd) The President of the 
                                        Mobile County Commission.
                                            ``(ee) The Mayor of the 
                                        city of Bayou La Batre.
                                            ``(ff) The Mayor of the 
                                        town of Dauphin Island.
                                            ``(gg) The Mayor of the 
                                        city of Fairhope.
                                            ``(hh) The Mayor of the 
                                        city of Gulf Shores.
                                            ``(ii) The Mayor of the 
                                        city of Mobile.
                                            ``(jj) The Mayor of the 
                                        city of Orange Beach.
                                    ``(II) Vote.--Each member of the 
                                Alabama Gulf Coast Recovery Council 
                                shall be entitled to 1 vote.
                                    ``(III) Majority vote.--All 
                                decisions of the Alabama Gulf Coast 
                                Recovery Council shall be made by 
                                majority vote.
                            ``(ii) Louisiana.--In the State of 
                        Louisiana, the Coastal Protection and 
                        Restoration Authority of Louisiana.
                            ``(iii) Mississippi.--In the State of 
                        Mississippi, the Mississippi Department of 
                        Environmental Quality.
                    ``(F) Compliance with eligible activities.--If the 
                Secretary of the Treasury determines that an 
                expenditure by a Gulf Coast State or coastal political 
                subdivision of amounts made available under this 
                subsection does not meet 1 of the activities described 
                in subparagraph (B)(i), the Secretary shall make no 
                additional amounts from the Trust Fund available to 
                that Gulf Coast State or coastal political subdivision 
                until such time as an amount equal to the amount 
                expended for the unauthorized use--
                            ``(i) has been deposited by the Gulf Coast 
                        State or coastal political subdivision in the 
                        Trust Fund; or
                            ``(ii) has been authorized by the Secretary 
                        of the Treasury for expenditure by the Gulf 
                        Coast State or coastal political subdivision 
                        for a project or program that meets the 
                        requirements of this subsection.
                    ``(G) Compliance with conditions.--If the Secretary 
                of the Treasury determines that a Gulf Coast State or 
                coastal political subdivision does not meet the 
                requirements of this subsection, including the 
                conditions of subparagraph (D), where applicable, the 
                Secretary of the Treasury shall make no amounts from 
                the Trust Fund available to that Gulf Coast State or 
                coastal political subdivision until all conditions of 
                this subsection are met.
                    ``(H) Public input.--In meeting any condition of 
                this subsection, a Gulf Coast State may use an 
                appropriate procedure for public consultation in that 
                Gulf Coast State, including consulting with 1 or more 
                established task forces or other entities, to develop 
                recommendations for proposed projects and programs that 
                would restore and protect the natural resources, 
                ecosystems, fisheries, marine and wildlife habitats, 
                beaches, coastal wetlands, and economy of the Gulf 
                Coast.
                    ``(I) Previously approved projects and programs.--A 
                Gulf Coast State or coastal political subdivision shall 
                be considered to have met the conditions of 
                subparagraph (D) for a specific project or program if, 
                before the date of enactment of the Resources and 
                Ecosystems Sustainability, Tourist Opportunities, and 
                Revived Economies of the Gulf Coast States Act of 
                2012--
                            ``(i) the Gulf Coast State or coastal 
                        political subdivision has established 
                        conditions for carrying out projects and 
                        programs that are substantively the same as the 
                        conditions described in subparagraph (D); and
                            ``(ii) the applicable project or program 
                        carries out 1 or more of the activities 
                        described in subparagraph (B)(ii).
                    ``(J) Consultation with council.--In carrying out 
                this subsection, each Gulf Coast State shall seek the 
                input of the Chairperson of the Council to identify 
                large-scale projects that may be jointly supported by 
                that Gulf Coast State and by the Council pursuant to 
                the Comprehensive Plan with amounts provided under this 
                subsection.
                    ``(K) Non-federal matching funds.--
                            ``(i) In general.--A Gulf Coast State or 
                        coastal political subdivision may use, in whole 
                        or in part, amounts made available to that Gulf 
                        Coast State from the Trust Fund to satisfy the 
                        non-Federal share of the cost of any project or 
                        program authorized by Federal law that meets 
                        the eligible use requirements under 
                        subparagraph (B)(i).
                            ``(ii) Effect on other funds.--The use of 
                        funds made available from the Trust Fund to 
                        satisfy the non-Federal share of the cost of a 
                        project or program that meets the requirements 
                        of clause (i) shall not affect the priority in 
                        which other Federal funds are allocated or 
                        awarded.
                    ``(L) Local preference.--In awarding contracts to 
                carry out a project or program under this subsection, a 
                Gulf Coast State or coastal political subdivision may 
                give a preference to individuals and companies that 
                reside in, are headquartered in, or are principally 
                engaged in business in, a Gulf Coast State.
                    ``(M) Unused funds.--Any Funds not identified in an 
                implementation plan by a State or coastal political 
                subdivision in accordance with subparagraph (D)(iv) 
                shall remain in the Trust Fund until such time as the 
                State or coastal political subdivision to which the 
                funds have been allocated develops and submits a plan 
                identifying uses for those funds in accordance with 
                subparagraph (D)(iv).
                    ``(N) Judicial review.--If the Secretary of the 
                Treasury determines that a Gulf Coast State or coastal 
                political subdivision does not meet the requirements of 
                this subsection, including the conditions of 
                subparagraph (D), the Gulf Coast State or coastal 
                political subdivision may obtain expedited judicial 
                review within 90 days of that decision in a district 
                court of the United States, of appropriate jurisdiction 
                and venue, that is located within the State seeking 
                such review.
            ``(2) Council establishment and allocation.--
                    ``(A) In general.--Of the total amount made 
                available in any fiscal year from the Trust Fund, 60 
                percent shall be disbursed to the Council to carry out 
                the Comprehensive Plan.
                    ``(B) Council expenditures.--
                            ``(i) In general.--In accordance with this 
                        paragraph, the Council shall expend funds made 
                        available from the Trust Fund to undertake 
                        projects and programs that would restore and 
                        protect the natural resources, ecosystems, 
                        fisheries, marine and wildlife habitats, 
                        beaches, coastal wetlands, and economy of the 
                        Gulf Coast.
                            ``(ii) Allocation and expenditure 
                        procedures.--The Secretary of the Treasury 
                        shall develop such conditions, including audit 
                        requirements, as the Secretary of the Treasury 
                        determines necessary to ensure that amounts 
                        disbursed from the Trust Fund to the Council to 
                        implement the Comprehensive Plan will be used 
                        in accordance with this paragraph.
                            ``(iii) Administrative expenses.--Of the 
                        amounts received by the Council under this 
                        subsection, not more than 3 percent may be used 
                        for administrative expenses, including staff.
                    ``(C) Gulf coast ecosystem restoration council.--
                            ``(i) Establishment.--There is established 
                        as an independent entity in the Federal 
                        Government a council to be known as the `Gulf 
                        Coast Ecosystem Restoration Council'.
                            ``(ii) Membership.--The Council shall 
                        consist of the following members, or in the 
                        case of a Federal agency, a designee at the 
                        level of the Assistant Secretary or the 
                        equivalent:
                                    ``(I) The Chair of the Council on 
                                Environmental Quality.
                                    ``(II) The Secretary of the 
                                Interior.
                                    ``(III) The Secretary of the Army.
                                    ``(IV) The Secretary of Commerce.
                                    ``(V) The Administrator of the 
                                Environmental Protection Agency.
                                    ``(VI) The Secretary of 
                                Agriculture.
                                    ``(VII) The head of the department 
                                in which the Coast Guard is operating.
                                    ``(VIII) The Governor of the State 
                                of Alabama.
                                    ``(IX) The Governor of the State of 
                                Florida.
                                    ``(X) The Governor of the State of 
                                Louisiana.
                                    ``(XI) The Governor of the State of 
                                Mississippi.
                                    ``(XII) The Governor of the State 
                                of Texas.
                            ``(iii) Alternate.--A Governor appointed to 
                        the Council by the President may designate an 
                        alternate to represent the Governor on the 
                        Council and vote on behalf of the Governor.
                            ``(iv) Chairperson.--From among the Federal 
                        agency members of the Council, the 
                        representatives of States on the Council shall 
                        select, and the President shall appoint, 1 
                        Federal member to serve as Chairperson of the 
                        Council.
                            ``(v) Presidential appointment.--All 
                        Council members shall be appointed by the 
                        President.
                            ``(vi) Council actions.--
                                    ``(I) In general.--Subject to 
                                subclause (IV), significant actions by 
                                the Council shall require the 
                                affirmative vote of the Federal 
                                Chairperson and a majority of the State 
                                members to be effective.
                                    ``(II) Inclusions.--Significant 
                                actions include but are not limited 
                                to--
                                            ``(aa) approval of a 
                                        Comprehensive Plan and future 
                                        revisions to a Comprehensive 
                                        Plan;
                                            ``(bb) approval of State 
                                        plans pursuant to paragraph 
                                        (3)(B)(iv); and
                                            ``(cc) approval of reports 
                                        to Congress pursuant to clause 
                                        (vii)(X).
                                    ``(III) Quorum.--A quorum of State 
                                members shall be required to be present 
                                for the Council to take any significant 
                                action.
                                    ``(IV) Affirmative vote requirement 
                                deemed met.--For approval of State 
                                plans pursuant to paragraph (3)(B)(iv), 
                                the certification by a State member of 
                                the Council that the plan satisfies all 
                                requirements of clauses (i) and (ii) of 
                                paragraphs (3)(B), when joined by an 
                                affirmative vote of the Federal 
                                Chairperson of the Council, is deemed 
                                to satisfy the requirements for 
                                affirmative votes under subclause (I).
                                    ``(V) Public transparency.--
                                Appropriate actions of the Council, 
                                including votes on significant actions 
                                and associated deliberations, shall be 
                                made available to the public.
                            ``(vii) Duties of council.--The Council 
                        shall--
                                    ``(I) develop the Comprehensive 
                                Plan, and future revisions to the 
                                Comprehensive Plan;
                                    ``(II) identify as soon as 
                                practicable the projects that--
                                            ``(aa) have been authorized 
                                        prior to the date of enactment 
                                        of this subsection but not yet 
                                        commenced; and
                                            ``(bb) if implemented 
                                        quickly, would restore and 
                                        protect the natural resources, 
                                        ecosystems, fisheries, marine 
                                        and wildlife habitats, beaches, 
                                        barrier islands, dunes, and 
                                        coastal wetlands of the Gulf 
                                        Coast ecosystem;
                                    ``(III) coordinate the development 
                                of consistent policies, strategies, 
                                plans, and activities by Federal 
                                agencies, State and local governments, 
                                and private sector entities for 
                                addressing the restoration and 
                                protection of the Gulf Coast ecosystem;
                                    ``(IV) establish such other 
                                advisory committee or committees as may 
                                be necessary to assist the Council, 
                                including a scientific advisory 
                                committee and a committee to advise the 
                                Council on public policy issues;
                                    ``(V) coordinate scientific and 
                                other research associated with 
                                restoration of the Gulf Coast 
                                ecosystem, including research, 
                                observation, and monitoring carried out 
                                pursuant to section 1604 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist Opportunities, 
                                and Revived Economies of the Gulf Coast 
                                States Act of 2012;
                                    ``(VI) seek to ensure that all 
                                policies, strategies, plans, and 
                                activities for addressing the 
                                restoration of the Gulf Coast ecosystem 
                                are based on the best available 
                                physical, ecological, and economic 
                                data;
                                    ``(VII) make recommendations to 
                                address the particular needs of 
                                especially economically and socially 
                                vulnerable populations;
                                    ``(VIII) develop standard terms to 
                                include in contracts for projects and 
                                programs awarded pursuant to the 
                                Comprehensive Plan that provide a 
                                preference to individuals and companies 
                                that reside in, are headquartered in, 
                                or are principally engaged in business 
                                in, a Gulf Coast State;
                                    ``(IX) prepare an integrated 
                                financial plan and recommendations for 
                                coordinated budget requests for the 
                                amounts proposed to be expended by the 
                                Federal agencies represented on the 
                                Council for projects and programs in 
                                the Gulf Coast States;
                                    ``(X) submit to Congress an annual 
                                report that--
                                            ``(aa) summarizes the 
                                        policies, strategies, plans, 
                                        and activities for addressing 
                                        the restoration and protection 
                                        of the Gulf Coast ecosystem;
                                            ``(bb) describes the 
                                        projects and programs being 
                                        implemented to restore and 
                                        protect the Gulf Coast 
                                        ecosystem; and
                                            ``(cc) makes such 
                                        recommendations to Congress for 
                                        modifications of existing laws 
                                        as the Council determines 
                                        necessary to implement the 
                                        Comprehensive Plan; and
                                    ``(XI) submit to Congress a final 
                                report on the date on which all funds 
                                made available to the Council are 
                                expended.
                            ``(viii) Application of federal advisory 
                        committee act.--The Council, or any other 
                        advisory committee established under this 
                        subsection, shall not be considered an advisory 
                        committee under the Federal Advisory Committee 
                        Act (5 U.S.C. App.).
                    ``(D) Comprehensive plan.--
                            ``(i) Proposed plan.--
                                    ``(I) In general.--Not later than 
                                180 days after the date of enactment of 
                                the Resources and Ecosystems 
                                Sustainability, Tourist Opportunities, 
                                and Revived Economies of the Gulf Coast 
                                States Act of 2012, the Chairperson, on 
                                behalf of the Council, shall publish a 
                                proposed plan to restore and protect 
                                the natural resources, ecosystems, 
                                fisheries, marine and wildlife 
                                habitats, beaches, and coastal wetlands 
                                of the Gulf Coast ecosystem.
                                    ``(II) Contents.--The proposed plan 
                                described in subclause (I) shall 
                                include and incorporate the findings 
                                and information prepared by the 
                                President's Gulf Coast Restoration Task 
                                Force.
                            ``(ii) Publication.--
                                    ``(I) Initial plan.--Not later than 
                                1 year after date of enactment of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist Opportunities, 
                                and Revived Economies of the Gulf Coast 
                                States Act of 2012 and after notice and 
                                opportunity for public comment, the 
                                Chairperson, on behalf of the Council 
                                and after approval by the Council, 
                                shall publish in the Federal Register 
                                the initial Comprehensive Plan to 
                                restore and protect the natural 
                                resources, ecosystems, fisheries, 
                                marine and wildlife habitats, beaches, 
                                and coastal wetlands of the Gulf Coast 
                                ecosystem.
                                    ``(II) Cooperation with gulf coast 
                                restoration task force.--The Council 
                                shall develop the initial Comprehensive 
                                Plan in close coordination with the 
                                President's Gulf Coast Restoration Task 
                                Force.
                                    ``(III) Considerations.--In 
                                developing the initial Comprehensive 
                                Plan and subsequent updates, the 
                                Council shall consider all relevant 
                                findings, reports, or research prepared 
                                or funded by a center of excellence or 
                                the Gulf Fisheries and Ecosystem 
                                Endowment established pursuant to the 
                                Gulf Coast Ecosystem Restoration 
                                Science, Monitoring, and Technology 
                                Program under section 1604 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist Opportunities, 
                                and Revived Economies of the Gulf Coast 
                                States Act of 2012.
                                    ``(IV) Contents.--The initial 
                                Comprehensive Plan shall include--
                                            ``(aa) such provisions as 
                                        are necessary to fully 
                                        incorporate in the 
                                        Comprehensive Plan the 
                                        strategy, projects, and 
                                        programs recommended by the 
                                        President's Gulf Coast 
                                        Restoration Task Force;
                                            ``(bb) a list of any 
                                        project or program authorized 
                                        prior to the date of enactment 
                                        of this subsection but not yet 
                                        commenced, the completion of 
                                        which would further the 
                                        purposes and goals of this 
                                        subsection and of the Resources 
                                        and Ecosystems Sustainability, 
                                        Tourist Opportunities, and 
                                        Revived Economies of the Gulf 
                                        Coast States Act of 2012;
                                            ``(cc) a description of the 
                                        manner in which amounts from 
                                        the Trust Fund projected to be 
                                        made available to the Council 
                                        for the succeeding 10 years 
                                        will be allocated; and
                                            ``(dd) subject to available 
                                        funding in accordance with 
                                        clause (iii), a prioritized 
                                        list of specific projects and 
                                        programs to be funded and 
                                        carried out during the 3-year 
                                        period immediately following 
                                        the date of publication of the 
                                        initial Comprehensive Plan, 
                                        including a table that 
                                        illustrates the distribution of 
                                        projects and programs by Gulf 
                                        Coast State.
                                    ``(V) Plan updates.--The Council 
                                shall update--
                                            ``(aa) the Comprehensive 
                                        Plan every 5 years in a manner 
                                        comparable to the manner 
                                        established in this subsection 
                                        for each 5-year period for 
                                        which amounts are expected to 
                                        be made available to the Gulf 
                                        Coast States from the Trust 
                                        Fund; and
                                            ``(bb) the 3-year list of 
                                        projects and programs described 
                                        in subclause (IV)(dd) annually.
                            ``(iii) Restoration priorities.--Except for 
                        projects and programs described in subclause 
                        (IV)(bb), in selecting projects and programs to 
                        include on the 3-year list described in 
                        subclause (IV)(dd), based on the best available 
                        science, the Council shall give highest 
                        priority to projects that address 1 or more of 
                        the following criteria:
                                    ``(I) Projects that are projected 
                                to make the greatest contribution to 
                                restoring and protecting the natural 
                                resources, ecosystems, fisheries, 
                                marine and wildlife habitats, beaches, 
                                and coastal wetlands of the Gulf Coast 
                                ecosystem, without regard to geographic 
                                location.
                                    ``(II) Large-scale projects and 
                                programs that are projected to 
                                substantially contribute to restoring 
                                and protecting the natural resources, 
                                ecosystems, fisheries, marine and 
                                wildlife habitats, beaches, and coastal 
                                wetlands of the Gulf Coast ecosystem.
                                    ``(III) Projects contained in 
                                existing Gulf Coast State comprehensive 
                                plans for the restoration and 
                                protection of natural resources, 
                                ecosystems, fisheries, marine and 
                                wildlife habitats, beaches, and coastal 
                                wetlands of the Gulf Coast ecosystem.
                                    ``(IV) Projects that restore long-
                                term resiliency of the natural 
                                resources, ecosystems, fisheries, 
                                marine and wildlife habitats, beaches, 
                                and coastal wetlands most impacted by 
                                the Deepwater Horizon oil spill.
                    ``(E) Implementation.--
                            ``(i) In general.--The Council, acting 
                        through the member agencies and Gulf Coast 
                        States, shall expend funds made available from 
                        the Trust Fund to carry out projects and 
                        programs adopted in the Comprehensive Plan.
                            ``(ii) Administrative responsibility.--
                                    ``(I) In general.--Primary 
                                authority and responsibility for each 
                                project and program included in the 
                                Comprehensive Plan shall be assigned by 
                                the Council to a Gulf Coast State 
                                represented on the Council or a Federal 
                                agency.
                                    ``(II) Transfer of amounts.--
                                Amounts necessary to carry out each 
                                project or program included in the 
                                Comprehensive Plan shall be transferred 
                                by the Secretary of the Treasury from 
                                the Trust Fund to that Federal agency 
                                or Gulf Coast State as the project or 
                                program is implemented, subject to such 
                                conditions as the Secretary of the 
                                Treasury, in consultation with the 
                                Secretary of the Interior and the 
                                Secretary of Commerce, established 
                                pursuant to section 1602 of the 
                                Resources and Ecosystems 
                                Sustainability, Tourist Opportunities, 
                                and Revived Economies of the Gulf Coast 
                                States Act of 2012.
                            ``(iii) Cost sharing.--
                                    ``(I) In general.--A Gulf Coast 
                                State or coastal political subdivision 
                                may use, in whole or in part, amounts 
                                made available to that Gulf Coast State 
                                or coastal political subdivision from 
                                the Trust Fund to satisfy the non-
                                Federal share of the cost of carrying a 
                                project or program that--
                                            ``(aa) is authorized by 
                                        other Federal law; and
                                            ``(bb) meets the criteria 
                                        of subparagraph (D).
                                    ``(II) Inclusion in comprehensive 
                                plan.--A project or program described 
                                in subclause (I) that meets the 
                                criteria for inclusion in the 
                                Comprehensive Plan described in 
                                subparagraph (D) shall be selected and 
                                adopted by the Council as part of the 
                                Comprehensive Plan in the manner 
                                described in subparagraph (D).
                    ``(F) Coordination.--The Council and the Federal 
                members of the Council may develop Memorandums of 
                Understanding establishing integrated funding and 
                implementation plans among the member agencies and 
                authorities.
                    ``(G) Termination.--The Council shall terminate on 
                the date on which the report described in subparagraph 
                (C)(vii)(XI) is submitted to Congress.
            ``(3) Oil spill restoration impact allocation.--
                    ``(A) In general.--Except as provided in paragraph 
                (4), of the total amount made available to the Council 
                under paragraph (2) in any fiscal year from the Trust 
                Fund, 50 percent shall be disbursed by the Council as 
                follows:
                            ``(i) Formula.--Subject to subparagraph 
                        (B), for each Gulf Coast State, the amount 
                        disbursed under this paragraph shall be based 
                        on a formula established by the Council by 
                        regulation that is based on a weighted average 
                        of the following criteria:
                                    ``(I) 40 percent based on the 
                                proportionate number of miles of 
                                shoreline in each Gulf Coast State that 
                                experienced oiling as of April 10, 
                                2011, compared to the total number of 
                                miles of shoreline that experienced 
                                oiling as a result of the Deepwater 
                                Horizon oil spill.
                                    ``(II) 40 percent based on the 
                                inverse proportion of the average 
                                distance from the Deepwater Horizon oil 
                                rig to the nearest and farthest point 
                                of the shoreline that experienced 
                                oiling of each Gulf Coast State.
                                    ``(III) 20 percent based on the 
                                average population in the 2010 
                                decennial census of coastal counties 
                                bordering the Gulf of Mexico within 
                                each Gulf Coast State.
                            ``(ii) Minimum allocation.--The amount 
                        disbursed to a Gulf Coast State for each fiscal 
                        year under clause (i) shall be at least 5 
                        percent of the total amounts made available 
                        under this paragraph.
                    ``(B) Approval of projects and programs.--
                            ``(i) In general.--The Council shall 
                        disburse amounts to the respective Gulf Coast 
                        States in accordance with the formula developed 
                        under subparagraph (A) for projects, programs, 
                        and activities that will improve the ecosystems 
                        or economy of the Gulf Coast, subject to the 
                        condition that each Gulf Coast State submits a 
                        plan for the expenditure of amounts disbursed 
                        under this paragraph which meet the following 
                        criteria:
                                    ``(I) All projects, programs, and 
                                activities included in that plan are 
                                eligible activities pursuant to 
                                paragraph (1)(B)(i).
                                    ``(II) The projects, programs, and 
                                activities included in that plan 
                                contribute to the overall economic and 
                                ecological recovery of the Gulf Coast.
                                    ``(III) The plan takes into 
                                consideration the Comprehensive Plan 
                                and is consistent with its goals and 
                                objectives, as described in paragraph 
                                (2)(B)(i).
                            ``(ii) Funding.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the plan 
                                described in clause (i) may use not 
                                more than 25 percent of the funding 
                                made available for infrastructure 
                                projects eligible under subclauses (X) 
                                and (XI) of paragraph (1)(B)(i).
                                    ``(II) Exception.--The plan 
                                described in clause (i) may propose to 
                                use more than 25 percent of the funding 
                                made available for infrastructure 
                                projects eligible under subclauses (X) 
                                and (XI) of paragraph (1)(B)(i) if the 
                                plan certifies that--
                                            ``(aa) ecosystem 
                                        restoration needs in the State 
                                        will be addressed by the 
                                        projects in the proposed plan; 
                                        and
                                            ``(bb) additional 
                                        investment in infrastructure is 
                                        required to mitigate the 
                                        impacts of the Deepwater 
                                        Horizon Oil Spill to the 
                                        ecosystem or economy.
                            ``(iii) Development.--The plan described in 
                        clause (i) shall be developed by--
                                    ``(I) in the State of Alabama, the 
                                Alabama Gulf Coast Recovery Council 
                                established under paragraph (1)(E)(i);
                                    ``(II) in the State of Florida, a 
                                consortia of local political 
                                subdivisions that includes at least 1 
                                representative of each 
                                disproportionally affected county;
                                    ``(III) in the State of Louisiana, 
                                the Coastal Protection and Restoration 
                                Authority of Louisiana;
                                    ``(IV) in the State of Mississippi, 
                                the Office of the Governor or an 
                                appointee of the Office of the 
                                Governor; and
                                    ``(V) in the State of Texas, the 
                                Office of the Governor or an appointee 
                                of the Office of the Governor.
                            ``(iv) Approval.--Not later than 60 days 
                        after the date on which a plan is submitted 
                        under clause (i), the Council shall approve or 
                        disapprove the plan based on the conditions of 
                        clause (i).
                    ``(C) Disapproval.--If the Council disapproves a 
                plan pursuant to subparagraph (B)(iv), the Council 
                shall--
                            ``(i) provide the reasons for disapproval 
                        in writing; and
                            ``(ii) consult with the State to address 
                        any identified deficiencies with the State 
                        plan.
                    ``(D) Failure to submit adequate plan.--If a State 
                fails to submit an adequate plan under this subsection, 
                any funds made available under this subsection shall 
                remain in the Trust Fund until such date as a plan is 
                submitted and approved pursuant to this subsection.
                    ``(E) Judicial review.--If the Council fails to 
                approve or take action within 60 days on a plan 
                described in subparagraph (B)(iv), the State may obtain 
                expedited judicial review within 90 days of that 
                decision in a district court of the United States, of 
                appropriate jurisdiction and venue, that is located 
                within the State seeking such review.
            ``(4) Authorization of interest transfers.--
                    ``(A) In general.--Of the total amount made 
                available in any fiscal year from the Trust Fund, an 
                amount equal to the interest earned by the Trust Fund 
                and proceeds from investments made by the Trust Fund in 
                the preceding fiscal year--
                            ``(i) 50 percent shall be transferred to 
                        the National Endowment for Oceans in 
                        subparagraph (B); and
                            ``(ii) 50 percent shall be transferred to 
                        the Gulf of Mexico Research Endowment in 
                        subparagraph (C).
                    ``(B) National endowment for the oceans.--
                            ``(i) Establishment.--
                                    ``(I) In general.--There is 
                                established in the Treasury of the 
                                United States a trust fund to be known 
                                as the `National Endowment for the 
                                Oceans', consisting of such amounts as 
                                may be appropriated or credited to the 
                                National Endowment for the Oceans.
                                    ``(II) Investment.--Amounts in the 
                                National Endowment for the Oceans shall 
                                be invested in accordance with section 
                                9602 of the Internal Revenue Code of 
                                1986, and any interest on, and proceeds 
                                from, any such investment shall be 
                                available for expenditure in accordance 
                                with this subparagraph.
                            ``(ii) Trustee.--The trustee for the 
                        National Endowment for the Oceans shall be the 
                        Secretary of Commerce.
                            ``(iii) Allocation of funds.--
                                    ``(I) In general.--Each fiscal 
                                year, the Secretary shall allocate, at 
                                a minimum, an amount equal to the 
                                interest earned by the National 
                                Endowment for the Oceans in the 
                                preceding fiscal year, and may 
                                distribute an amount equal to up to 10 
                                percent of the total amounts in the 
                                National Endowment for the Oceans--
                                            ``(aa) to allocate funding 
                                        to coastal states (as defined 
                                        in section 304 of the Marine 
                                        Resources and Engineering 
                                        Development Act of 1966 (16 
                                        U.S.C. 1453)) and affected 
                                        Indian tribes;
                                            ``(bb) to make grants to 
                                        regional ocean and coastal 
                                        planning bodies; and
                                            ``(cc) to develop and 
                                        implement a National Grant 
                                        Program for Oceans and Coastal 
                                        Waters.
                                    ``(II) Program adjustments.--Each 
                                fiscal year where the amount described 
                                in subparagraph (A)(i) does not exceed 
                                $100,000,000, the Secretary may elect 
                                to fund only the grant program 
                                established in subclause (I)(cc).
                            ``(iv) Eligible activities.--Funds 
                        deposited in the National Endowment for the 
                        Oceans may be allocated by the Secretary only 
                        to fund grants for programs and activities 
                        intended to restore, protect, maintain, or 
                        understand living marine resources and their 
                        habitats and resources in ocean and coastal 
                        waters (as defined in section 304 of the Marine 
                        Resources and Engineering Development Act of 
                        1966 (16 U.S.C. 1453)), including baseline 
                        scientific research, ocean observing, and other 
                        programs and activities carried out in 
                        coordination with Federal and State departments 
                        or agencies, that are consistent with Federal 
                        environmental laws and that avoid environmental 
                        degradation.
                            ``(v) Application.--To be eligible to 
                        receive a grant under clause (iii)(I), an 
                        entity shall submit to the Secretary an 
                        application at such time, in such manner, and 
                        containing such information as the Secretary 
                        determines to be appropriate.
                            ``(vi) Funding for coastal states.--The 
                        Secretary shall allocate funding among States 
                        as follows:
                                    ``(I) 50 percent of the funds shall 
                                be allocated equally among coastal 
                                States.
                                    ``(II) 25 percent of the funds 
                                shall be allocated based on tidal 
                                shoreline miles.
                                    ``(III) 25 percent of the funds 
                                shall be allocated based on the coastal 
                                population density of a coastal State.
                                    ``(IV) No State shall be allocated 
                                more than 10 percent of the total 
                                amount of funds available for 
                                allocation among coastal States for any 
                                fiscal year.
                                    ``(V) No territory shall be 
                                allocated more than 1 percent of the 
                                total amount of funds available for 
                                allocation among coastal States for any 
                                fiscal year.
                    ``(C) Gulf of mexico research endowment.--
                            ``(i) In general.--There is established in 
                        the Treasury of the United States a trust fund 
                        to be known as the `Gulf of Mexico Research 
                        Endowment', to be administered by the Secretary 
                        of Commerce, solely for use in providing long-
                        term funding in accordance with section 1604 of 
                        the Resources and Ecosystems Sustainability, 
                        Tourist Opportunities, and Revived Economies of 
                        the Gulf Coast States Act of 2012.
                            ``(ii) Investment.--Amounts in the Gulf of 
                        Mexico Research Endowment shall be invested in 
                        accordance with section 9602 of the Internal 
                        Revenue Code of 1986, and, after adjustment for 
                        inflation so as to maintain the value of the 
                        principal, any interest on, and proceeds from, 
                        any such investment shall be available for 
                        expenditure and shall be allocated in equal 
                        portions to the Gulf Coast Ecosystem 
                        Restoration Science, Monitoring, and Technology 
                        Program and Fisheries Endowment established in 
                        section 1604 of the Resources and Ecosystems 
                        Sustainability, Tourist Opportunities, and 
                        Revived Economies of the Gulf Coast States Act 
                        of 2012.''.

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

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Fisheries and ecosystem endowment.--The term 
        ``Fisheries and Ecosystem Endowment'' means the endowment 
        established by subsection (d).
            (3) Program.--The term ``Program'' means the Gulf Coast 
        Ecosystem Restoration Science, Observation, Monitoring, and 
        Technology Program established by subsection (b).
    (b) Establishment of Program.--There is established within the 
National Oceanic and Atmospheric Administration a program to be known 
as the ``Gulf Coast Ecosystem Restoration Science, Observation, 
Monitoring, and Technology Program'', to be carried out by the 
Administrator.
    (c) Centers of Excellence.--
            (1) In general.--In carrying out the Program, the 
        Administrator, in consultation with other Federal agencies with 
        expertise in the discipline of a center of excellence, shall 
        make grants in accordance with paragraph (2) to establish and 
        operate 5 centers of excellence, 1 of which shall be located in 
        each of the States of Alabama, Florida, Louisiana, Mississippi, 
        and Texas.
            (2) Grants.--
                    (A) In general.--The Administrator shall use the 
                amounts made available to carry out this section to 
                award competitive grants to nongovernmental entities 
                and consortia in the Gulf Coast region (including 
                public and private institutions of higher education) 
                for the establishment of centers of excellence as 
                described in paragraph (1).
                    (B) Application.--To be eligible to receive a grant 
                under this paragraph, an entity or consortium described 
                in subparagraph (A) shall submit to the Administrator 
                an application at such time, in such manner, and 
                containing such information as the Administrator 
                determines to be appropriate.
                    (C) Priority.--In awarding grants under this 
                paragraph, the Administrator shall give priority to 
                entities and consortia that demonstrate the ability to 
                establish the broadest cross-section of participants 
                with interest and expertise in any discipline described 
                in paragraph (3) on which the proposal of the center of 
                excellence will be focused.
            (3) Disciplines.--Each center of excellence shall focus on 
        science, technology, and monitoring in at least 1 of the 
        following disciplines:
                    (A) Coastal and deltaic sustainability, restoration 
                and protection; including solutions and technology that 
                allow citizens to live safely and sustainably in a 
                coastal delta.
                    (B) Coastal fisheries and wildlife ecosystem 
                research and monitoring.
                    (C) Offshore energy development, including research 
                and technology to improve the sustainable and safe 
                development of energy resources.
                    (D) Sustainable and resilient growth, economic and 
                commercial development in the Gulf Coast.
                    (E) Comprehensive observation, monitoring, and 
                mapping of the Gulf of Mexico.
            (4) Coordination with other programs.--The Administrator 
        shall develop a plan for the coordination of projects and 
        activities between the Program and other existing Federal and 
        State science and technology programs in the States of Alabama, 
        Florida, Louisiana, Mississippi, and Texas, as well as between 
        the centers of excellence.
    (d) Establishment of Fisheries and Ecosystem Endowment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Council shall establish a fishery 
        and ecosystem endowment to ensure, to the maximum extent 
        practicable, the long-term sustainability of the ecosystem, 
        fish stocks, fish habitat and the recreational, commercial, and 
        charter fishing industry in the Gulf of Mexico.
            (2) Expenditure of funds.--For each fiscal year, amounts 
        made available to carry out this subsection may be expended 
        for, with respect to the Gulf of Mexico--
                    (A) marine and estuarine research;
                    (B) marine and estuarine ecosystem monitoring and 
                ocean observation;
                    (C) data collection and stock assessments;
                    (D) pilot programs for--
                            (i) fishery independent data; and
                            (ii) reduction of exploitation of spawning 
                        aggregations; and
                    (E) cooperative research.
            (3) Administration and implementation.--The Fisheries and 
        Ecosystem Endowment shall be administered by the Administrator 
        of the National Oceanic and Atmospheric Administration, in 
        consultation with the Director of the United States Fish and 
        Wildlife Service, with guidance provided by the Regional Gulf 
        of Mexico Fishery Management Council.
            (4) Species included.--The Fisheries and Ecosystem 
        Endowment will include all marine, estuarine, aquaculture, and 
        fish and wildlife species in State and Federal waters of the 
        Gulf of Mexico.
            (5) Research priorities.--In distributing funding under 
        this subsection, priority shall be given to integrated, long-
        term projects that--
                    (A) build on, or are coordinated with, related 
                research activities; and
                    (B) address current or anticipated marine 
                ecosystem, fishery, or wildlife management information 
                needs.
            (6) Duplication and coordination.--In carrying out this 
        subsection, the Administrator shall seek to avoid duplication 
        of other research and monitoring activities and coordinate with 
        existing research and monitoring programs, including the 
        Integrated Coastal and Ocean Observation System Act of 2009 (33 
        U.S.C. 3601 et seq.).
    (e) Funding.--
            (1) In general.--Except as provided in subsection (t)(4) of 
        section 311 of the Federal Water Pollution Control Act (33 
        U.S.C. 1321), of the total amount made available for each 
        fiscal year for the Gulf Coast Restoration Trust Fund 
        established under section 1602, 5 percent shall be allocated in 
        equal portions to the Program and Fisheries and Ecosystem 
        Endowment established by this section.
            (2) Administrative expenses.--Of the amounts received by 
        the National Oceanic and Atmospheric Administration to carry 
        out this section, not more than 3 percent may be used for 
        administrative expenses.

SEC. 1605. EFFECT.

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

              Subtitle G--Land and Water Conservation Fund

SEC. 1701. LAND AND WATER CONSERVATION FUND.

    (a) Authorization.--Section 2 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-5) is amended--
            (1) in the matter preceding subsection (a), by striking 
        ``September 30, 2015'' and inserting ``September 30, 2022''; 
        and
            (2) in subsection (c)(1), by striking ``through September 
        30, 2015'' and inserting ``September 30, 2022''.
    (b) Funding.--Section 3 of the Land and Water Conservation Fund Act 
of 1965 (16 U.S.C. 460l-6) is amended to read as follows:

``SEC. 3. AVAILABILITY OF FUNDS.

    ``(a) Funding.--
            ``(1) Fiscal years 2013 and 2014.--For each of fiscal years 
        2013 and 2014--
                    ``(A) $700,000,000 of amounts covered into the fund 
                under section 2 shall be available for expenditure, 
                without further appropriation or fiscal year 
                limitation, to carry out the purposes of this Act; and
                    ``(B) the remainder of amounts covered into the 
                fund shall be available subject to appropriations, 
                which may be made without fiscal year limitation.
            ``(2) Fiscal years 2015 through 2022.--For each of fiscal 
        years 2015 through 2022, amounts covered into the fund under 
        section 2 shall be available for expenditure to carry out the 
        purposes of this Act subject to appropriations, which may be 
        made without fiscal year limitation.
    ``(b) Uses.--Amounts made available for obligation or expenditure 
from the fund may be obligated or expended only as provided in this 
Act.
    ``(c) Willing Sellers.--In using amounts made available under 
subsection (a)(1)(A), the Secretary shall only acquire land or 
interests in land by purchase, exchange, or donation from a willing 
seller.
    ``(d) Additional Amounts.--Amounts made available under subsection 
(a)(1)(A) shall be in addition to amounts made available to the fund 
under section 105 of the Gulf of Mexico Energy Security Act of 2006 (43 
U.S.C. 1331 note; Public Law 109-432).
    ``(e) Allocation Authority.--Appropriation Acts may provide for the 
allocation of amounts covered into the fund under section 2.''.
    (c) Allocation of Funds.--Section 5 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-7) is amended--
            (1) in the first sentence, by inserting ``or expenditures'' 
        after ``appropriations'';
            (2) in the second sentence--
                    (A) by inserting ``or expenditures'' after 
                ``appropriations''; and
                    (B) by inserting before the period at the end the 
                following: ``, including the amounts to be allocated 
                from the fund for Federal and State purposes''; and
            (3) by striking ``Those appropriations from'' and all that 
        follows through the end of the section.
    (d) Conforming Amendments.--Section 6(b) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(b)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``or expended'' after ``appropriated'';
            (2) in paragraph (1)--
                    (A) by inserting ``or expenditures'' after 
                ``appropriations''; and
                    (B) by striking ``; and'' and inserting a period; 
                and
            (3) in the first sentence of paragraph (2), by inserting 
        ``or expenditure'' after ``appropriation''.
    (e) Public Access.--Section 7 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l-9) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or expended'' after ``appropriated''; and
                    (B) in paragraph (3), by inserting ``or 
                expenditures'' after ``such appropriations'';
            (2) in subsection (b)--
                    (A) in the first sentence, by inserting ``or 
                expenditures'' after ``Appropriations''; and
                    (B) in the proviso, by inserting ``or 
                expenditures'' after ``appropriations'';
            (3) in the first sentence of subsection (c)(1)--
                    (A) by inserting ``or expended'' after 
                ``appropriated''; and
                    (B) by inserting ``or expenditures'' after 
                ``appropriations''; and
            (4) by adding at the end the following:
    ``(d) Public Access.--Not less than 1.5 percent of the annual 
authorized funding amount shall be made available each year for 
projects that secure recreational public access to existing Federal 
public land for hunting, fishing, and other recreational purposes.''.

                          Subtitle H--Offsets

SEC. 1801. DELAY IN APPLICATION OF WORLDWIDE INTEREST.

    (a) In General.--Paragraphs (5)(D) and (6) of section 864(f) of the 
Internal Revenue Code of 1986 are each amended by striking ``December 
31, 2020'' and inserting ``December 31, 2021.''
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

          TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION

SEC. 2001. SHORT TITLE.

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

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

    Sections 601 through 609 of title 23, United States Code, are 
amended to read as follows:
``Sec. 601. Generally applicable provisions
    ``(a) Definitions.--In this chapter, the following definitions 
apply:
            ``(1) Eligible project costs.--The term `eligible project 
        costs' means amounts substantially all of which are paid by, or 
        for the account of, an obligor in connection with a project, 
        including the cost of--
                    ``(A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, permitting, preliminary 
                engineering and design work, and other preconstruction 
                activities;
                    ``(B) construction, reconstruction, rehabilitation, 
                replacement, and acquisition of real property 
                (including land relating to the project and 
                improvements to land), environmental mitigation, 
                construction contingencies, and acquisition of 
                equipment; and
                    ``(C) capitalized interest necessary to meet market 
                requirements, reasonably required reserve funds, 
                capital issuance expenses, and other carrying costs 
                during construction.
            ``(2) Federal credit instrument.--The term `Federal credit 
        instrument' means a secured loan, loan guarantee, or line of 
        credit authorized to be made available under this chapter with 
        respect to a project.
            ``(3) Investment-grade rating.--The term `investment-grade 
        rating' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher assigned by a rating agency to project 
        obligations.
            ``(4) Lender.--The term `lender' means any non-Federal 
        qualified institutional buyer (as defined in section 
        230.144A(a) of title 17, Code of Federal Regulations (or any 
        successor regulation), known as Rule 144A(a) of the Securities 
        and Exchange Commission and issued under the Securities Act of 
        1933 (15 U.S.C. 77a et seq.)), including--
                    ``(A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986) 
                that is a qualified institutional buyer; and
                    ``(B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986) that is a 
                qualified institutional buyer.
            ``(5) Letter of interest.--The term `letter of interest' 
        means a letter submitted by a potential applicant prior to an 
        application for credit assistance in a format prescribed by the 
        Secretary on the website of the TIFIA program, which--
                    ``(A) describes the project and the location, 
                purpose, and cost of the project;
                    ``(B) outlines the proposed financial plan, 
                including the requested credit assistance and the 
                proposed obligor;
                    ``(C) provides a status of environmental review; 
                and
                    ``(D) provides information regarding satisfaction 
                of other eligibility requirements of the TIFIA program.
            ``(6) Line of credit.--The term ```line of credit''' means 
        an agreement entered into by the Secretary with an obligor 
        under section 604 to provide a direct loan at a future date 
        upon the occurrence of certain events.
            ``(7) Limited buydown.--The term `limited buydown' means, 
        subject to the conditions described in section 603(b)(4)(C), a 
        buydown of the interest rate by the Secretary and by the 
        obligor if the interest rate has increased between--
                    ``(A)(i) the date on which a project application 
                acceptable to the Secretary is submitted; or
                    ``(ii) the date on which the Secretary entered into 
                a master credit agreement; and
                    ``(B) the date on which the Secretary executes the 
                Federal credit instrument.
            ``(8) Loan guarantee.--The term `loan guarantee' means any 
        guarantee or other pledge by the Secretary to pay all or part 
        of the principal of and interest on a loan or other debt 
        obligation issued by an obligor and funded by a lender.
            ``(9) Master credit agreement.--The term `master credit 
        agreement' means an agreement to extend credit assistance for a 
        program of projects secured by a common security pledge (which 
        shall receive an investment grade rating from a rating agency), 
        or for a single project covered under section 602(b)(2) that 
        would--
                    ``(A) make contingent commitments of 1 or more 
                secured loans or other Federal credit instruments at 
                future dates, subject to the availability of future 
                funds being made available to carry out this chapter;
                    ``(B) establish the maximum amounts and general 
                terms and conditions of the secured loans or other 
                Federal credit instruments;
                    ``(C) identify the 1 or more dedicated non-Federal 
                revenue sources that will secure the repayment of the 
                secured loans or secured Federal credit instruments;
                    ``(D) provide for the obligation of funds for the 
                secured loans or secured Federal credit instruments 
                after all requirements have been met for the projects 
                subject to the master credit agreement, including--
                            ``(i) completion of an environmental impact 
                        statement or similar analysis required under 
                        the National Environmental Policy Act of 1969 
                        (42 U.S.C. 4321 et seq.);
                            ``(ii) compliance with such other 
                        requirements as are specified in section 
                        602(c); and
                            ``(iii) the availability of funds to carry 
                        out this chapter; and
                    ``(E) require that contingent commitments result in 
                a financial close and obligation of credit assistance 
                not later than 3 years after the date of entry into the 
                master credit agreement, or release of the commitment, 
                unless otherwise extended by the Secretary.
            ``(10) Obligor.--The term `obligor' means a party that--
                    ``(A) is primarily liable for payment of the 
                principal of or interest on a Federal credit 
                instrument; and
                    ``(B) may be a corporation, partnership, joint 
                venture, trust, or governmental entity, agency, or 
                instrumentality.
            ``(11) Project.--The term `project' means--
                    ``(A) any surface transportation project eligible 
                for Federal assistance under this title or chapter 53 
                of title 49;
                    ``(B) a project for an international bridge or 
                tunnel for which an international entity authorized 
                under Federal or State law is responsible;
                    ``(C) a project for intercity passenger bus or rail 
                facilities and vehicles, including facilities and 
                vehicles owned by the National Railroad Passenger 
                Corporation and components of magnetic levitation 
                transportation systems; and
                    ``(D) a project that--
                            ``(i) is a project--
                                    ``(I) for a public freight rail 
                                facility or a private facility 
                                providing public benefit for highway 
                                users by way of direct freight 
                                interchange between highway and rail 
                                carriers;
                                    ``(II) for an intermodal freight 
                                transfer facility;
                                    ``(III) for a means of access to a 
                                facility described in subclause (I) or 
                                (II);
                                    ``(IV) for a service improvement 
                                for a facility described in subclause 
                                (I) or (II) (including a capital 
                                investment for an intelligent 
                                transportation system); or
                                    ``(V) that comprises a series of 
                                projects described in subclauses (I) 
                                through (IV) with the common objective 
                                of improving the flow of goods;
                            ``(ii) may involve the combining of private 
                        and public sector funds, including investment 
                        of public funds in private sector facility 
                        improvements;
                            ``(iii) if located within the boundaries of 
                        a port terminal, includes only such surface 
                        transportation infrastructure modifications as 
                        are necessary to facilitate direct intermodal 
                        interchange, transfer, and access into and out 
                        of the port; and
                            ``(iv) is composed of related highway, 
                        surface transportation, transit, rail, or 
                        intermodal capital improvement projects 
                        eligible for assistance under this subsection 
                        in order to meet the eligible project cost 
                        threshold under section 602, by grouping 
                        related projects together for that purpose, on 
                        the condition that the credit assistance for 
                        the projects is secured by a common pledge.
            ``(12) Project obligation.--The term `project obligation' 
        means any note, bond, debenture, or other debt obligation 
        issued by an obligor in connection with the financing of a 
        project, other than a Federal credit instrument.
            ``(13) Rating agency.--The term `rating agency' means a 
        credit rating agency registered with the Securities and 
        Exchange Commission as a nationally recognized statistical 
        rating organization (as that term is defined in section 3(a) of 
        the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
            ``(14) Rural infrastructure project.--The term `rural 
        infrastructure project' means a surface transportation 
        infrastructure project either--
                    ``(A) located in any area other than an urbanized 
                area that has a population of greater than 250,000 
                inhabitants; or
                    ``(B) connects a rural area to a city with a 
                population of less than 250,000 inhabitants within the 
                city limits.
            ``(15) Secured loan.--The term `secured loan' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Secretary in connection with the financing of a 
        project under section 603.
            ``(16) State.--The term `State' has the meaning given the 
        term in section 101.
            ``(17) Subsidy amount.--The term `subsidy amount' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument, calculated on a net present value basis, excluding 
        administrative costs and any incidental effects on governmental 
        receipts or outlays in accordance with the Federal Credit 
        Reform Act of 1990 (2 U.S.C. 661 et seq.).
            ``(18) Substantial completion.--The term `substantial 
        completion' means--
                    ``(A) the opening of a project to vehicular or 
                passenger traffic; or
                    ``(B) a comparable event, as determined by the 
                Secretary and specified in the credit agreement.
            ``(19) TIFIA program.--The term `TIFIA program' means the 
        transportation infrastructure finance and innovation program of 
        the Department.
            ``(20) Contingent commitment.--The term `contingent 
        commitment' means a commitment to obligate an amount from 
        future available budget authority that is--
                    ``(A) contingent upon those funds being made 
                available in law at a future date; and
                    ``(B) not an obligation of the Federal Government.
    ``(b) Treatment of Chapter.--For purposes of this title, this 
chapter shall be treated as being part of chapter 1.
``Sec. 602. Determination of eligibility and project selection
    ``(a) Eligibility.--A project shall be eligible to receive credit 
assistance under this chapter if the entity proposing to carry out the 
project submits a letter of interest prior to submission of a formal 
application for the project, and the project meets the following 
criteria:
            ``(1) Creditworthiness.--
                    ``(A) In general.--The project shall satisfy 
                applicable creditworthiness standards, which, at a 
                minimum, includes--
                            ``(i) a rate covenant, if applicable;
                            ``(ii) adequate coverage requirements to 
                        ensure repayment;
                            ``(iii) an investment grade rating from at 
                        least 2 rating agencies on debt senior to the 
                        Federal credit instrument; and
                            ``(iv) a rating from at least 2 rating 
                        agencies on the Federal credit instrument, 
                        subject to the condition that, with respect to 
                        clause (iii), if the senior debt and Federal 
                        credit instrument is for an amount less than 
                        $75,000,000 or for a rural infrastructure 
                        project or intelligent transportation systems 
                        project, 1 rating agency opinion for each of 
                        the senior debt and Federal credit instrument 
                        shall be sufficient.
                    ``(B) Senior debt.--Notwithstanding subparagraph 
                (A), in a case in which the Federal credit instrument 
                is the senior debt, the Federal credit instrument shall 
                be required to receive an investment grade rating from 
                at least 2 rating agencies, unless the credit 
                instrument is for a rural infrastructure project or 
                intelligent transportation systems project, in which 
                case 1 rating agency opinion shall be sufficient.
            ``(2) Inclusion in transportation plans and programs.--The 
        project shall satisfy the applicable planning and programming 
        requirements of sections 134 and 135 at such time as an 
        agreement to make available a Federal credit instrument is 
        entered into under this chapter.
            ``(3) Application.--A State, local government, public 
        authority, public-private partnership, or any other legal 
        entity undertaking the project and authorized by the Secretary, 
        shall submit a project application acceptable to the Secretary.
            ``(4) Eligible project costs.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), to be eligible for assistance under 
                this chapter, a project shall have eligible project 
                costs that are reasonably anticipated to equal or 
                exceed the lesser of--
                            ``(i)(I) $50,000,000; or
                            ``(II) in the case of a rural 
                        infrastructure project, $25,000,000; or
                            ``(ii) 33\1/3\ percent of the amount of 
                        Federal highway assistance funds apportioned 
                        for the most recently completed fiscal year to 
                        the State in which the project is located.
                    ``(B) Intelligent transportation system projects.--
                In the case of a project principally involving the 
                installation of an intelligent transportation system, 
                eligible project costs shall be reasonably anticipated 
                to equal or exceed $15,000,000.
            ``(5) Dedicated revenue sources.--The Federal credit 
        instrument shall be repayable, in whole or in part, from tolls, 
        user fees, or other dedicated revenue sources that also secure 
        the project obligations.
            ``(6) Public sponsorship of private entities.--In the case 
        of a project that is undertaken by an entity that is not a 
        State or local government or an agency or instrumentality of a 
        State or local government, the project that the entity is 
        undertaking shall be publicly sponsored as provided in 
        paragraph (2).
    ``(b) Selection Among Eligible Projects.--
            ``(1) Establishment.--The Secretary shall establish a 
        rolling application process in which projects that are eligible 
        to receive credit assistance under subsection (a) shall receive 
        credit assistance on terms acceptable to the Secretary, if 
        adequate funds are available to cover the subsidy costs 
        associated with the Federal credit instrument.
            ``(2) Adequate funding not available.--
                    ``If the Secretary fully obligates funding to 
                eligible projects in a given fiscal year, and adequate 
                funding is not available to fund a credit instrument, a 
                project sponsor of an eligible project may elect to 
                enter into a master credit agreement and wait until the 
                following fiscal year or until additional funds are 
                available to receive credit assistance.
            ``(3) Preliminary rating opinion letter.--The Secretary 
        shall require each project applicant to provide a preliminary 
        rating opinion letter from at least 1 rating agency--
                    ``(A) indicating that the senior obligations of the 
                project, which may be the Federal credit instrument, 
                have the potential to achieve an investment-grade 
                rating; and
                    ``(B) including a preliminary rating opinion on the 
                Federal credit instrument.
    ``(c) Federal Requirements.--
            ``(1) In general.--In addition to the requirements of this 
        title for highway projects, chapter 53 of title 49 for transit 
        projects, and section 5333(a) of title 49 for rail projects, 
        the following provisions of law shall apply to funds made 
        available under this chapter and projects assisted with the 
        funds:
                    ``(A) Title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.).
                    ``(B) The National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
                    ``(C) The Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.).
            ``(2) NEPA.--No funding shall be obligated for a project 
        that has not received an environmental Categorical Exclusion, 
        Finding of No Significant Impact, or Record of Decision under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
``Sec. 603. Secured loans
    ``(a) In General.--
            ``(1) Agreements.--Subject to paragraphs (2) through (4), 
        the Secretary may enter into agreements with 1 or more obligors 
        to make secured loans, the proceeds of which shall be used--
                    ``(A) to finance eligible project costs of any 
                project selected under section 602;
                    ``(B) to refinance interim construction financing 
                of eligible project costs of any project selected under 
                section 602;
                    ``(C) to refinance existing loan agreements for 
                rural infrastructure projects; or
                    ``(D) to refinance long-term project obligations or 
                Federal credit instruments if the refinancing provides 
                additional funding capacity for the completion, 
                enhancement, or expansion of any project that--
                            ``(i) is selected under section 602; or
                            ``(ii) otherwise meets the requirements of 
                        section 602.
            ``(2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not refinance 
        interim construction financing under paragraph (1)(B) later 
        than 1 year after the date of substantial completion of the 
        project.
            ``(3) Risk assessment.--Before entering into an agreement 
        under this subsection, the Secretary, in consultation with the 
        Director of the Office of Management and Budget, shall 
        determine an appropriate capital reserve subsidy amount for 
        each secured loan, taking into account each rating letter 
        provided by an agency under section 602(b)(3)(B).
    ``(b) Terms and Limitations.--
            ``(1) In general.--A secured loan under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Secretary determines appropriate.
            ``(2) Maximum amount.--The amount of the secured loan shall 
        not exceed the lesser of 49 percent of the reasonably 
        anticipated eligible project costs or, if the secured loan does 
        not receive an investment grade rating, the amount of the 
        senior project obligations.
            ``(3) Payment.--The secured loan--
                    ``(A) shall--
                            ``(i) be payable, in whole or in part, from 
                        tolls, user fees, or other dedicated revenue 
                        sources that also secure the senior project 
                        obligations; and
                            ``(ii) include a rate covenant, coverage 
                        requirement, or similar security feature 
                        supporting the project obligations; and
                    ``(B) may have a lien on revenues described in 
                subparagraph (A) subject to any lien securing project 
                obligations.
            ``(4) Interest rate.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the interest rate on the 
                secured loan shall be not less than the yield on United 
                States Treasury securities of a similar maturity to the 
                maturity of the secured loan on the date of execution 
                of the loan agreement.
                    ``(B) Rural infrastructure projects.--A loan 
                offered to a rural infrastructure project under this 
                chapter shall be at \1/2\ of the Treasury Rate.
                    ``(C) Limited buydowns.--A limited buydown is 
                subject to the following conditions:
                            ``(i) The interest rate under the agreement 
                        may not be lowered by more than the lower of--
                                    ``(I) 1\1/2\ percentage points (150 
                                basis points); or
                                    ``(II) the amount of the increase 
                                in the interest rate.
                            ``(ii) The Secretary may pay up to 50 
                        percent of the cost of the limited buydown, and 
                        the obligor shall pay the balance of the cost 
                        of the limited buydown.
                            ``(iii) Not more than 5 percent of the 
                        funding made available annually to carry out 
                        this chapter may be used to carry out limited 
                        buydowns.
            ``(5) Maturity date.--The final maturity date of the 
        secured loan shall be the lesser of--
                    ``(A) 35 years after the date of substantial 
                completion of the project; or
                    ``(B) if the useful life of the capital asset being 
                financed is of a lesser period, the useful life of the 
                asset.
            ``(6) Nonsubordination.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the secured loan shall not be 
                subordinated to the claims of any holder of project 
                obligations in the event of bankruptcy, insolvency, or 
                liquidation of the obligor.
                    ``(B) Pre-existing indenture.--
                            ``(i) In general.--The Secretary shall 
                        waive subparagraph (A) for public agency 
                        borrowers that are financing ongoing capital 
                        programs and have outstanding senior bonds 
                        under a pre-existing indenture, if--
                                    ``(I) the secured loan is rated in 
                                the A-category or higher;
                                    ``(II) the secured loan is secured 
                                and payable from pledged revenues not 
                                affected by project performance, such 
                                as a tax-backed revenue pledge or a 
                                system-backed pledge of project 
                                revenues; and
                                    ``(III) the TIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            ``(ii) Limitation.--If the Secretary waives 
                        the nonsubordination requirement under this 
                        subparagraph--
                                    ``(I) the maximum credit subsidy 
                                that will be paid by the Federal 
                                Government shall be limited to 10 
                                percent of the principal amount of the 
                                secured loan; and
                                    ``(II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost.
            ``(7) Fees.--The Secretary may establish fees at a level 
        sufficient to cover all or a portion of the costs to the 
        Federal Government of making a secured loan under this section.
            ``(8) Non-federal share.--The proceeds of a secured loan 
        under this chapter may be used for any non-Federal share of 
        project costs required under this title or chapter 53 of title 
        49, if the loan is repayable from non-Federal funds.
            ``(9) Maximum federal involvement.--The total Federal 
        assistance provided on a project receiving a loan under this 
        chapter shall not exceed 80 percent of the total project cost.
    ``(c) Repayment.--
            ``(1) Schedule.--The Secretary shall establish a repayment 
        schedule for each secured loan under this section based on the 
        projected cash flow from project revenues and other repayment 
        sources, and the useful life of the project.
            ``(2) Commencement.--Scheduled loan repayments of principal 
        or interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project.
            ``(3) Deferred payments.--
                    ``(A) Authorization.--If, at any time after the 
                date of substantial completion of the project, the 
                project is unable to generate sufficient revenues to 
                pay the scheduled loan repayments of principal and 
                interest on the secured loan, the Secretary may, 
                subject to subparagraph (C), allow the obligor to add 
                unpaid principal and interest to the outstanding 
                balance of the secured loan.
                    ``(B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            ``(i) continue to accrue interest in 
                        accordance with subsection (b)(4) until fully 
                        repaid; and
                            ``(ii) be scheduled to be amortized over 
                        the remaining term of the loan.
                    ``(C) Criteria.--
                            ``(i) In general.--Any payment deferral 
                        under subparagraph (A) shall be contingent on 
                        the project meeting criteria established by the 
                        Secretary.
                            ``(ii) Repayment standards.--The criteria 
                        established under clause (i) shall include 
                        standards for reasonable assurance of 
                        repayment.
            ``(4) Prepayment.--
                    ``(A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay the secured loan without penalty.
                    ``(B) Use of proceeds of refinancing.--The secured 
                loan may be prepaid at any time without penalty from 
                the proceeds of refinancing from non-Federal funding 
                sources.
    ``(d) Sale of Secured Loans.--
            ``(1) In general.--Subject to paragraph (2), as soon as 
        practicable after substantial completion of a project and after 
        notifying the obligor, the Secretary may sell to another entity 
        or reoffer into the capital markets a secured loan for the 
        project if the Secretary determines that the sale or reoffering 
        can be made on favorable terms.
            ``(2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Secretary may not change the original 
        terms and conditions of the secured loan without the written 
        consent of the obligor.
    ``(e) Loan Guarantees.--
            ``(1) In general.--The Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan if the 
        Secretary determines that the budgetary cost of the loan 
        guarantee is substantially the same as that of a secured loan.
            ``(2) Terms.--The terms of a guaranteed loan shall be 
        consistent with the terms set forth in this section for a 
        secured loan, except that the rate on the guaranteed loan and 
        any prepayment features shall be negotiated between the obligor 
        and the lender, with the consent of the Secretary.
``Sec. 604. Lines of credit
    ``(a) In General.--
            ``(1) Agreements.--Subject to paragraphs (2) through (4), 
        the Secretary may enter into agreements to make available lines 
        of credit to 1 or more obligors in the form of direct loans to 
        be made by the Secretary at future dates on the occurrence of 
        certain events for any project selected under section 602.
            ``(2) Use of proceeds.--The proceeds of a line of credit 
        made available under this section shall be available to pay 
        debt service on project obligations issued to finance eligible 
        project costs, extraordinary repair and replacement costs, 
        operation and maintenance expenses, and costs associated with 
        unexpected Federal or State environmental restrictions.
            ``(3) Risk assessment.--Before entering into an agreement 
        under this subsection, the Secretary, in consultation with the 
        Director of the Office of Management and Budget and each rating 
        agency providing a preliminary rating opinion letter under 
        section 602(b)(3), shall determine an appropriate capital 
        reserve subsidy amount for each line of credit, taking into 
        account the rating opinion letter.
            ``(4) Investment-grade rating requirement.--The funding of 
        a line of credit under this section shall be contingent on the 
        senior obligations of the project receiving an investment-grade 
        rating from 2 rating agencies.
    ``(b) Terms and Limitations.--
            ``(1) In general.--A line of credit under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Secretary determines appropriate.
            ``(2) Maximum amounts.--The total amount of the line of 
        credit shall not exceed 33 percent of the reasonably 
        anticipated eligible project costs.
            ``(3) Draws.--Any draw on the line of credit shall 
        represent a direct loan and shall be made only if net revenues 
        from the project (including capitalized interest but not 
        including reasonably required financing reserves) are 
        insufficient to pay the costs specified in subsection (a)(2).
            ``(4) Interest rate.--Except as otherwise provided in 
        subparagraphs (B) and (C) of section 603(b)(4), the interest 
        rate on a direct loan resulting from a draw on the line of 
        credit shall be not less than the yield on 30-year United 
        States Treasury securities as of the date of execution of the 
        line of credit agreement.
            ``(5) Security.--The line of credit--
                    ``(A) shall--
                            ``(i) be payable, in whole or in part, from 
                        tolls, user fees, or other dedicated revenue 
                        sources that also secure the senior project 
                        obligations; and
                            ``(ii) include a rate covenant, coverage 
                        requirement, or similar security feature 
                        supporting the project obligations; and
                    ``(B) may have a lien on revenues described in 
                subparagraph (A) subject to any lien securing project 
                obligations.
            ``(6) Period of availability.--The full amount of the line 
        of credit, to the extent not drawn upon, shall be available 
        during the period beginning on the date of substantial 
        completion of the project and ending not later than 10 years 
        after that date.
            ``(7) Rights of third-party creditors.--
                    ``(A) Against federal government.--A third-party 
                creditor of the obligor shall not have any right 
                against the Federal Government with respect to any draw 
                on the line of credit.
                    ``(B) Assignment.--An obligor may assign the line 
                of credit to 1 or more lenders or to a trustee on the 
                behalf of the lenders.
            ``(8) Nonsubordination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), a direct loan under this 
                section shall not be subordinated to the claims of any 
                holder of project obligations in the event of 
                bankruptcy, insolvency, or liquidation of the obligor.
                    ``(B) Pre-existing indenture.--
                            ``(i) In general.--The Secretary shall 
                        waive subparagraph (A) for public agency 
                        borrowers that are financing ongoing capital 
                        programs and have outstanding senior bonds 
                        under a pre-existing indenture, if--
                                    ``(I) the line of credit is rated 
                                in the A-category or higher;
                                    ``(II) the TIFIA program loan 
                                resulting from a draw on the line of 
                                credit is payable from pledged revenues 
                                not affected by project performance, 
                                such as a tax-backed revenue pledge or 
                                a system-backed pledge of project 
                                revenues; and
                                    ``(III) the TIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            ``(ii) Limitation.--If the Secretary waives 
                        the nonsubordination requirement under this 
                        subparagraph--
                                    ``(I) the maximum credit subsidy 
                                that will be paid by the Federal 
                                Government shall be limited to 10 
                                percent of the principal amount of the 
                                secured loan; and
                                    ``(II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost.
            ``(9) Fees.--The Secretary may establish fees at a level 
        sufficient to cover all or a portion of the costs to the 
        Federal Government of providing a line of credit under this 
        section.
            ``(10) Relationship to other credit instruments.--A project 
        that receives a line of credit under this section shall not 
        also receive a secured loan or loan guarantee under section 603 
        in an amount that, combined with the amount of the line of 
        credit, exceeds 49 percent of eligible project costs.
    ``(c) Repayment.--
            ``(1) Terms and conditions.--The Secretary shall establish 
        repayment terms and conditions for each direct loan under this 
        section based on the projected cash flow from project revenues 
        and other repayment sources, and the useful life of the asset 
        being financed.
            ``(2) Timing.--All repayments of principal or interest on a 
        direct loan under this section shall be scheduled to commence 
        not later than 5 years after the end of the period of 
        availability specified in subsection (b)(6) and to conclude, 
        with full repayment of principal and interest, by the date that 
        is 25 years after the end of the period of availability 
        specified in subsection (b)(6).
``Sec. 605. Program administration
    ``(a) Requirement.--The Secretary shall establish a uniform system 
to service the Federal credit instruments made available under this 
chapter.
    ``(b) Fees.--The Secretary may collect and spend fees, contingent 
upon authority being provided in appropriations Acts, at a level that 
is sufficient to cover--
            ``(1) the costs of services of expert firms retained 
        pursuant to subsection (d); and
            ``(2) all or a portion of the costs to the Federal 
        Government of servicing the Federal credit instruments.
    ``(c) Servicer.--
            ``(1) In general.--The Secretary may appoint a financial 
        entity to assist the Secretary in servicing the Federal credit 
        instruments.
            ``(2) Duties.--The servicer shall act as the agent for the 
        Secretary.
            ``(3) Fee.--The servicer shall receive a servicing fee, 
        subject to approval by the Secretary.
    ``(d) Assistance From Expert Firms.--The Secretary may retain the 
services of expert firms, including counsel, in the field of municipal 
and project finance to assist in the underwriting and servicing of 
Federal credit instruments.
``Sec. 606. State and local permits
    ``The provision of credit assistance under this chapter with 
respect to a project shall not--
            ``(1) relieve any recipient of the assistance of any 
        obligation to obtain any required State or local permit or 
        approval with respect to the project;
            ``(2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            ``(3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.
``Sec. 607. Regulations
    ``The Secretary may promulgate such regulations as the Secretary 
determines appropriate to carry out this chapter.
``Sec. 608. Funding
    ``(a) Funding.--
            ``(1) Spending and borrowing authority.--Spending and 
        borrowing authority for a fiscal year to enter into Federal 
        credit instruments shall be promptly apportioned to the 
        Secretary on a fiscal year basis.
            ``(2) Reestimates.--When the estimated cost of a loan or 
        loans is reestimated, the cost of the reestimate shall be borne 
        by or benefit the general fund of the Treasury, consistent with 
        section 661c(f) of title 2, United States Code.
            ``(3) Rural set-aside.--
                    ``(A) In general.--Of the total amount of funds 
                made available to carry out this chapter for each 
                fiscal year, 10 percent shall be set aside for rural 
                infrastructure projects.
                    ``(B) Reobligation.--Any amounts set aside under 
                subparagraph (A) that remain unobligated by June 1 of 
                the fiscal year for which the amounts were set aside 
                shall be available for obligation by the Secretary on 
                projects other than rural infrastructure projects.
            ``(4) Redistribution of authorized funding.--
                    ``(A) In general.--Beginning in the second fiscal 
                year after the date of enactment of this paragraph, on 
                August 1 of that fiscal year, and each fiscal year 
                thereafter, if the unobligated and uncommitted balance 
                of funding available exceeds 150 percent of the amount 
                made available to carry out this chapter for that 
                fiscal year, the Secretary shall distribute to the 
                States the amount of funds and associated obligation 
                authority in excess of that amount.
                    ``(B) Distribution.--The amounts and obligation 
                authority distributed under this paragraph shall be 
                distributed, in the same manner as obligation authority 
                is distributed to the States for the fiscal year, based 
                on the proportion that--
                            ``(i) the relative share of each State of 
                        obligation authority for the fiscal year; bears 
                        to
                            ``(ii) the total amount of obligation 
                        authority distributed to all States for the 
                        fiscal year.
                    ``(C) Purpose.--Funds distributed under 
                subparagraph (B) shall be available for any purpose 
                described in section 133(c).
            ``(5) Availability.--Amounts made available to carry out 
        this chapter shall remain available until expended.
            ``(6) Administrative costs.--Of the amounts made available 
        to carry out this chapter, the Secretary may use not more than 
        1 percent for each fiscal year for the administration of this 
        chapter.
    ``(b) Contract Authority.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, execution of a term sheet by the Secretary of a Federal 
        credit instrument that uses amounts made available under this 
        chapter shall impose on the United States a contractual 
        obligation to fund the Federal credit investment.
            ``(2) Availability.--Amounts made available to carry out 
        this chapter for a fiscal year shall be available for 
        obligation on October 1 of the fiscal year.
``Sec. 609. Reports to Congress
    ``On June 1, 2012, and every 2 years thereafter, the Secretary 
shall submit to Congress a report summarizing the financial performance 
of the projects that are receiving, or have received, assistance under 
this chapter (other than section 610), including a recommendation as to 
whether the objectives of this chapter (other than section 610) are 
best served--
            ``(1) by continuing the program under the authority of the 
        Secretary;
            ``(2) by establishing a Federal corporation or federally 
        sponsored enterprise to administer the program; or
            ``(3) by phasing out the program and relying on the capital 
        markets to fund the types of infrastructure investments 
        assisted by this chapter (other than section 610) without 
        Federal participation.''.

SEC. 2003. STATE INFRASTRUCTURE BANKS.

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

                  TITLE III--HIGHWAY SPENDING CONTROLS

SEC. 3001. HIGHWAY SPENDING CONTROLS.

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

                  Chapter 7--Highway Spending Controls

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

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

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

``7. Highway Spending Controls..............................     701''.

                   DIVISION B--PUBLIC TRANSPORTATION

SEC. 20001. SHORT TITLE.

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

SEC. 20002. REPEALS.

    (a) Chapter 53.--Chapter 53 of title 49, United States Code, is 
amended by striking sections 5316, 5317, 5321, 5324, 5328, and 5339.
    (b) Transportation Equity Act for the 21st Century.--Section 3038 
of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 
note) is repealed.
    (c) SAFETEA-LU.--The following provisions are repealed:
            (1) Section 3009(i) of SAFETEA-LU (Public Law 109-59; 119 
        Stat. 1572).
            (2) Section 3011(c) of SAFETEA-LU (49 U.S.C. 5309 note).
            (3) Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310 note).
            (4) Section 3045 of SAFETEA-LU (49 U.S.C. 5308 note).
            (5) Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note).

SEC. 20003. POLICIES, PURPOSES, AND GOALS.

    Section 5301 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5301. Policies, purposes, and goals
    ``(a) Declaration of Policy.--It is in the interest of the United 
States, including the economic interest of the United States, to foster 
the development and revitalization of public transportation systems.
    ``(b) General Purposes.--The purposes of this chapter are to--
            ``(1) provide funding to support public transportation;
            ``(2) improve the development and delivery of capital 
        projects;
            ``(3) initiate a new framework for improving the safety of 
        public transportation systems;
            ``(4) establish standards for the state of good repair of 
        public transportation infrastructure and vehicles;
            ``(5) promote continuing, cooperative, and comprehensive 
        planning that improves the performance of the transportation 
        network;
            ``(6) establish a technical assistance program to assist 
        recipients under this chapter to more effectively and 
        efficiently provide public transportation service;
            ``(7) continue Federal support for public transportation 
        providers to deliver high quality service to all users, 
        including individuals with disabilities, seniors, and 
        individuals who depend on public transportation;
            ``(8) support research, development, demonstration, and 
        deployment projects dedicated to assisting in the delivery of 
        efficient and effective public transportation service; and
            ``(9) promote the development of the public transportation 
        workforce.
    ``(c) National Goals.--The goals of this chapter are to--
            ``(1) increase the availability and accessibility of public 
        transportation across a balanced, multimodal transportation 
        network;
            ``(2) promote the environmental benefits of public 
        transportation, including reduced reliance on fossil fuels, 
        fewer harmful emissions, and lower public health expenditures;
            ``(3) improve the safety of public transportation systems;
            ``(4) achieve and maintain a state of good repair of public 
        transportation infrastructure and vehicles;
            ``(5) provide an efficient and reliable alternative to 
        congested roadways;
            ``(6) increase the affordability of transportation for all 
        users; and
            ``(7) maximize economic development opportunities by--
                    ``(A) connecting workers to jobs;
                    ``(B) encouraging mixed-use, transit-oriented 
                development; and
                    ``(C) leveraging private investment and joint 
                development.''.

SEC. 20004. DEFINITIONS.

    Section 5302 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5302. Definitions
    ``Except as otherwise specifically provided, in this chapter the 
following definitions apply:
            ``(1) Associated transit improvement.--The term `associated 
        transit improvement' means, with respect to any project or an 
        area to be served by a project, projects that are designed to 
        enhance public transportation service or use and that are 
        physically or functionally related to transit facilities. 
        Eligible projects are--
                    ``(A) historic preservation, rehabilitation, and 
                operation of historic public transportation buildings, 
                structures, and facilities (including historic bus and 
                railroad facilities) intended for use in public 
                transportation service;
                    ``(B) bus shelters;
                    ``(C) landscaping and streetscaping, including 
                benches, trash receptacles, and street lights;
                    ``(D) pedestrian access and walkways;
                    ``(E) bicycle access, including bicycle storage 
                facilities and installing equipment for transporting 
                bicycles on public transportation vehicles;
                    ``(F) signage; or
                    ``(G) enhanced access for persons with disabilities 
                to public transportation.
            ``(2) Bus rapid transit system.--The term `bus rapid 
        transit system' means a bus transit system--
                    ``(A) in which the majority of each line operates 
                in a separated right-of-way dedicated for public 
                transportation use during peak periods; and
                    ``(B) that includes features that emulate the 
                services provided by rail fixed guideway public 
                transportation systems, including--
                            ``(i) defined stations;
                            ``(ii) traffic signal priority for public 
                        transportation vehicles;
                            ``(iii) short headway bidirectional 
                        services for a substantial part of weekdays and 
                        weekend days; and
                            ``(iv) any other features the Secretary may 
                        determine are necessary to produce high-quality 
                        public transportation services that emulate the 
                        services provided by rail fixed guideway public 
                        transportation systems.
            ``(3) Capital project.--The term `capital project' means a 
        project for--
                    ``(A) acquiring, constructing, supervising, or 
                inspecting equipment or a facility for use in public 
                transportation, expenses incidental to the acquisition 
                or construction (including designing, engineering, 
                location surveying, mapping, and acquiring rights-of-
                way), payments for the capital portions of rail 
                trackage rights agreements, transit-related intelligent 
                transportation systems, relocation assistance, 
                acquiring replacement housing sites, and acquiring, 
                constructing, relocating, and rehabilitating 
                replacement housing;
                    ``(B) rehabilitating a bus;
                    ``(C) remanufacturing a bus;
                    ``(D) overhauling rail rolling stock;
                    ``(E) preventive maintenance;
                    ``(F) leasing equipment or a facility for use in 
                public transportation, subject to regulations that the 
                Secretary prescribes limiting the leasing arrangements 
                to those that are more cost-effective than purchase or 
                construction;
                    ``(G) a joint development improvement that--
                            ``(i) enhances economic development or 
                        incorporates private investment, such as 
                        commercial and residential development;
                            ``(ii)(I) enhances the effectiveness of 
                        public transportation and is related physically 
                        or functionally to public transportation; or
                            ``(II) establishes new or enhanced 
                        coordination between public transportation and 
                        other transportation;
                            ``(iii) provides a fair share of revenue 
                        that will be used for public transportation;
                            ``(iv) provides that a person making an 
                        agreement to occupy space in a facility 
                        constructed under this paragraph shall pay a 
                        fair share of the costs of the facility through 
                        rental payments and other means;
                            ``(v) may include--
                                    ``(I) property acquisition;
                                    ``(II) demolition of existing 
                                structures;
                                    ``(III) site preparation;
                                    ``(IV) utilities;
                                    ``(V) building foundations;
                                    ``(VI) walkways;
                                    ``(VII) pedestrian and bicycle 
                                access to a public transportation 
                                facility;
                                    ``(VIII) construction, renovation, 
                                and improvement of intercity bus and 
                                intercity rail stations and terminals;
                                    ``(IX) renovation and improvement 
                                of historic transportation facilities;
                                    ``(X) open space;
                                    ``(XI) safety and security 
                                equipment and facilities (including 
                                lighting, surveillance, and related 
                                intelligent transportation system 
                                applications);
                                    ``(XII) facilities that incorporate 
                                community services such as daycare or 
                                health care;
                                    ``(XIII) a capital project for, and 
                                improving, equipment or a facility for 
                                an intermodal transfer facility or 
                                transportation mall; and
                                    ``(XIV) construction of space for 
                                commercial uses; and
                            ``(vi) does not include outfitting of 
                        commercial space (other than an intercity bus 
                        or rail station or terminal) or a part of a 
                        public facility not related to public 
                        transportation;
                    ``(H) the introduction of new technology, through 
                innovative and improved products, into public 
                transportation;
                    ``(I) the provision of nonfixed route paratransit 
                transportation services in accordance with section 223 
                of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12143), but only for grant recipients that are 
                in compliance with applicable requirements of that Act, 
                including both fixed route and demand responsive 
                service, and only for amounts not to exceed 10 percent 
                of such recipient's annual formula apportionment under 
                sections 5307 and 5311;
                    ``(J) establishing a debt service reserve, made up 
                of deposits with a bondholder's trustee, to ensure the 
                timely payment of principal and interest on bonds 
                issued by a grant recipient to finance an eligible 
                project under this chapter;
                    ``(K) mobility management--
                            ``(i) consisting of short-range planning 
                        and management activities and projects for 
                        improving coordination among public 
                        transportation and other transportation service 
                        providers carried out by a recipient or 
                        subrecipient through an agreement entered into 
                        with a person, including a governmental entity, 
                        under this chapter (other than section 5309); 
                        but
                            ``(ii) excluding operating public 
                        transportation services; or
                    ``(L) associated capital maintenance, including--
                            ``(i) equipment, tires, tubes, and 
                        material, each costing at least .5 percent of 
                        the current fair market value of rolling stock 
                        comparable to the rolling stock for which the 
                        equipment, tires, tubes, and material are to be 
                        used; and
                            ``(ii) reconstruction of equipment and 
                        material, each of which after reconstruction 
                        will have a fair market value of at least .5 
                        percent of the current fair market value of 
                        rolling stock comparable to the rolling stock 
                        for which the equipment and material will be 
                        used.
            ``(4) Designated recipient.--The term `designated 
        recipient' means--
                    ``(A) an entity designated, in accordance with the 
                planning process under sections 5303 and 5304, by the 
                Governor of a State, responsible local officials, and 
                publicly owned operators of public transportation, to 
                receive and apportion amounts under section 5336 to 
                urbanized areas of 200,000 or more in population; or
                    ``(B) a State or regional authority, if the 
                authority is responsible under the laws of a State for 
                a capital project and for financing and directly 
                providing public transportation.
            ``(5) Disability.--The term `disability' has the same 
        meaning as in section 3(1) of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            ``(6) Emergency regulation.--The term `emergency 
        regulation' means a regulation--
                    ``(A) that is effective temporarily before the 
                expiration of the otherwise specified periods of time 
                for public notice and comment under section 5334(c); 
                and
                    ``(B) prescribed by the Secretary as the result of 
                a finding that a delay in the effective date of the 
                regulation--
                            ``(i) would injure seriously an important 
                        public interest;
                            ``(ii) would frustrate substantially 
                        legislative policy and intent; or
                            ``(iii) would damage seriously a person or 
                        class without serving an important public 
                        interest.
            ``(7) Fixed guideway.--The term `fixed guideway' means a 
        public transportation facility--
                    ``(A) using and occupying a separate right-of-way 
                for the exclusive use of public transportation;
                    ``(B) using rail;
                    ``(C) using a fixed catenary system;
                    ``(D) for a passenger ferry system; or
                    ``(E) for a bus rapid transit system.
            ``(8) Governor.--The term `Governor'--
                    ``(A) means the Governor of a State, the mayor of 
                the District of Columbia, and the chief executive 
                officer of a territory of the United States; and
                    ``(B) includes the designee of the Governor.
            ``(9) Local governmental authority.--The term `local 
        governmental authority' includes--
                    ``(A) a political subdivision of a State;
                    ``(B) an authority of at least 1 State or political 
                subdivision of a State;
                    ``(C) an Indian tribe; and
                    ``(D) a public corporation, board, or commission 
                established under the laws of a State.
            ``(10) Low-income individual.--The term `low-income 
        individual' means an individual whose family income is at or 
        below 150 percent of the poverty line, as that term is defined 
        in section 673(2) of the Community Services Block Grant Act (42 
        U.S.C. 9902(2)), including any revision required by that 
        section, for a family of the size involved.
            ``(11) Net project cost.--The term `net project cost' means 
        the part of a project that reasonably cannot be financed from 
        revenues.
            ``(12) New bus model.--The term `new bus model' means a bus 
        model (including a model using alternative fuel)--
                    ``(A) that has not been used in public 
                transportation in the United States before the date of 
                production of the model; or
                    ``(B) used in public transportation in the United 
                States, but being produced with a major change in 
                configuration or components.
            ``(13) Public transportation.--The term `public 
        transportation'--
                    ``(A) means regular, continuing shared-ride surface 
                transportation services that are open to the general 
                public or open to a segment of the general public 
                defined by age, disability, or low income; and
                    ``(B) does not include--
                            ``(i) intercity passenger rail 
                        transportation provided by the entity described 
                        in chapter 243 (or a successor to such entity);
                            ``(ii) intercity bus service;
                            ``(iii) charter bus service;
                            ``(iv) school bus service;
                            ``(v) sightseeing service;
                            ``(vi) courtesy shuttle service for patrons 
                        of one or more specific establishments; or
                            ``(vii) intra-terminal or intra-facility 
                        shuttle services.
            ``(14) Regulation.--The term `regulation' means any part of 
        a statement of general or particular applicability of the 
        Secretary designed to carry out, interpret, or prescribe law or 
        policy in carrying out this chapter.
            ``(15) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(16) Senior.--The term `senior' means an individual who 
        is 65 years of age or older.
            ``(17) State.--The term `State' means a State of the United 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, Guam, American Samoa, and the Virgin Islands.
            ``(18) State of good repair.--The term `state of good 
        repair' has the meaning given that term by the Secretary, by 
        rule, under section 5326(b).
            ``(19) Transit.--The term `transit' means public 
        transportation.
            ``(20) Urban area.--The term `urban area' means an area 
        that includes a municipality or other built-up place that the 
        Secretary, after considering local patterns and trends of urban 
        growth, decides is appropriate for a local public 
        transportation system to serve individuals in the locality.
            ``(21) Urbanized area.--The term `urbanized area' means an 
        area encompassing a population of not less than 50,000 people 
        that has been defined and designated in the most recent 
        decennial census as an `urbanized area' by the Secretary of 
        Commerce.''.

SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.

    (a) In General.--Section 5303 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5303. Metropolitan transportation planning
    ``(a) Policy.--It is in the national interest--
            ``(1) to encourage and promote the safe, cost-effective, 
        and efficient management, operation, and development of surface 
        transportation systems that will serve efficiently the mobility 
        needs of individuals and freight, reduce transportation-related 
        fatalities and serious injuries, and foster economic growth and 
        development within and between States and urbanized areas, 
        while fitting the needs and complexity of individual 
        communities, maximizing value for taxpayers, leveraging 
        cooperative investments, and minimizing transportation-related 
        fuel consumption and air pollution through the metropolitan and 
        statewide transportation planning processes identified in this 
        chapter;
            ``(2) to encourage the continued improvement, evolution, 
        and coordination of the metropolitan and statewide 
        transportation planning processes by and among metropolitan 
        planning organizations, State departments of transportation, 
        regional planning organizations, interstate partnerships, and 
        public transportation and intercity service operators as guided 
        by the planning factors identified in subsection (h) of this 
        section and section 5304(d);
            ``(3) to encourage and promote transportation needs and 
        decisions that are integrated with other planning needs and 
        priorities; and
            ``(4) to maximize the effectiveness of transportation 
        investments.
    ``(b) Definitions.--In this section and section 5304, the following 
definitions shall apply:
            ``(1) Existing mpo.--The term `existing MPO' means a 
        metropolitan planning organization that was designated as a 
        metropolitan planning organization on the day before the date 
        of enactment of the Federal Public Transportation Act of 2012.
            ``(2) Local official.--The term `local official' means any 
        elected or appointed official of general purpose local 
        government with responsibility for transportation in a 
        designated area.
            ``(3) Maintenance area.--The term `maintenance area' means 
        an area that was designated as an air quality nonattainment 
        area, but was later redesignated by the Administrator of the 
        Environmental Protection Agency as an air quality attainment 
        area, under section 107(d) of the Clean Air Act (42 U.S.C. 
        7407(d)).
            ``(4) Metropolitan planning area.--The term `metropolitan 
        planning area' means a geographical area determined by 
        agreement between the metropolitan planning organization for 
        the area and the applicable Governor under subsection (c).
            ``(5) Metropolitan planning organization.--The term 
        `metropolitan planning organization' means the policy board of 
        an organization established pursuant to subsection (c).
            ``(6) Metropolitan transportation plan.--The term 
        `metropolitan transportation plan' means a plan developed by a 
        metropolitan planning organization under subsection (i).
            ``(7) Nonattainment area.--The term `nonattainment area' 
        has the meaning given the term in section 171 of the Clean Air 
        Act (42 U.S.C. 7501).
            ``(8) Nonmetropolitan area.--
                    ``(A) In general.--The term `nonmetropolitan area' 
                means a geographical area outside the boundaries of a 
                designated metropolitan planning area.
                    ``(B) Inclusions.--The term `nonmetropolitan area' 
                includes--
                            ``(i) a small urbanized area with a 
                        population of more than 50,000, but fewer than 
                        200,000 individuals, as calculated according to 
                        the most recent decennial census; and
                            ``(ii) a nonurbanized area.
            ``(9) Nonmetropolitan planning organization.--The term 
        `nonmetropolitan planning organization' means an organization 
        that--
                    ``(A) was designated as a metropolitan planning 
                organization as of the day before the date of enactment 
                of the Federal Public Transportation Act of 2012; and
                    ``(B) is not designated as a tier I MPO or tier II 
                MPO.
            ``(10) Regionally significant.--The term `regionally 
        significant', with respect to a transportation project, 
        program, service, or strategy, means a project, program, 
        service, or strategy that--
                    ``(A) serves regional transportation needs (such as 
                access to and from the area outside of the region, 
                major activity centers in the region, and major planned 
                developments); and
                    ``(B) would normally be included in the modeling of 
                a transportation network of a metropolitan area.
            ``(11) Rural planning organization.--The term `rural 
        planning organization' means an organization that--
                    ``(A) is responsible for the planning, 
                coordination, and implementation of statewide 
                transportation plans and programs outside of 
                metropolitan areas, with an emphasis on addressing the 
                needs of rural areas of a State;
                    ``(B) is not designated as a tier I MPO, a tier II 
                MPO, or a nonmetropolitan planning organization.
            ``(12) Statewide transportation improvement program.--The 
        term `statewide transportation improvement program' means a 
        statewide transportation improvement program developed by a 
        State under section 5304(g).
            ``(13) Statewide transportation plan.--The term `statewide 
        transportation plan' means a plan developed by a State under 
        section 5304(f).
            ``(14) Tier i mpo.--The term `tier I MPO' means a 
        metropolitan planning organization designated as a tier I MPO 
        under subsection (e)(4)(A).
            ``(15) Tier ii mpo.--The term `tier II MPO' means a 
        metropolitan planning organization designated as a tier II MPO 
        under subsection (e)(4)(B).
            ``(16) Transportation improvement program.--The term 
        `transportation improvement program' means a program developed 
        by a metropolitan planning organization under subsection (j).
            ``(17) Urbanized area.--The term `urbanized area' means a 
        geographical area with a population of 50,000 or more 
        individuals, as calculated according to the most recent 
        decennial census.
    ``(c) Designation of Metropolitan Planning Organizations.--
            ``(1) In general.--To carry out the metropolitan 
        transportation planning process under this section, a 
        metropolitan planning organization shall be designated for each 
        urbanized area with a population of 200,000 or more 
        individuals, as calculated according to the most recent 
        decennial census--
                    ``(A) by agreement between the applicable Governor 
                and local officials that, in the aggregate, represent 
                at least 75 percent of the affected population 
                (including the largest incorporated city (based on 
                population), as calculated according to the most recent 
                decennial census); or
                    ``(B) in accordance with procedures established by 
                applicable State or local law.
            ``(2) Small urbanized areas.--To carry out the metropolitan 
        transportation planning process under this section, a 
        metropolitan planning organization may be designated for any 
        urbanized area with a population of 50,000 or more individuals, 
        but fewer than 200,000 individuals, as calculated according to 
        the most recent decennial census--
                    ``(A) by agreement between the applicable Governor 
                and local officials that, in the aggregate, represent 
                at least 75 percent of the affected population 
                (including the largest incorporated city (based on 
                population), as calculated according to the most recent 
                decennial census); and
                    ``(B) with the consent of the Secretary, based on a 
                finding that the resulting metropolitan planning 
                organization has met the minimum requirements under 
                subsection (e)(4)(B).
            ``(3) Structure.--Not later than 1 year after the date of 
        enactment of the Federal Public Transportation Act of 2012, a 
        metropolitan planning organization shall consist of--
                    ``(A) elected local officials in the relevant 
                metropolitan area;
                    ``(B) officials of public agencies that administer 
                or operate major modes of transportation in the 
                relevant metropolitan area, including providers of 
                public transportation; and
                    ``(C) appropriate State officials.
            ``(4) Effect of subsection.--Nothing in this subsection 
        interferes with any authority under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities--
                    ``(A) to develop the metropolitan transportation 
                plans and transportation improvement programs for 
                adoption by a metropolitan planning organization; or
                    ``(B) to develop capital plans, coordinate public 
                transportation services and projects, or carry out 
                other activities pursuant to State law.
            ``(5) Continuing designation.--
                    ``(A) Population of 200,000 or more.--A designation 
                of an existing MPO for an urbanized area with a 
                population of 200,000 or more individuals, as 
                calculated according to the most recent decennial 
                census, shall remain in effect--
                            ``(i) for the period during which the 
                        structure of the existing MPO complies with the 
                        requirements of paragraph (1); or
                            ``(ii) until the date on which the existing 
                        MPO is redesignated under paragraph (6).
                    ``(B) Population of fewer than 200,000.--
                            ``(i) In general.--A designation of an 
                        existing MPO for an urbanized area with a 
                        population of fewer than 200,000 individuals, 
                        as calculated according to the most recent 
                        decennial census, shall remain in effect until 
                        the date on which the existing MPO is 
                        redesignated under paragraph (6) unless--
                                    ``(I) the existing MPO requests 
                                that its planning responsibilities be 
                                transferred to the State or to another 
                                planning organization designated by the 
                                State; or
                                    ``(II)(aa) the Secretary determines 
                                3 years after the date on which the 
                                Secretary issues a rule pursuant to 
                                subsection (e)(4)(B)(i), that the 
                                existing MPO is not meeting the minimum 
                                requirements established by the rule; 
                                and
                                    ``(bb) the Secretary approves the 
                                Governor's determination.
                            ``(ii) Written justification.--The 
                        Secretary shall in a timely manner provide a 
                        substantive written justification to each 
                        metropolitan planning organization that is the 
                        subject of a negative determination of the 
                        Secretary under clause (i)(II).
                    ``(C) Extension.--If a metropolitan planning 
                organization for an urbanized area with a population of 
                less than 200,000 that would otherwise be terminated 
                under subparagraph (B), requests a probationary 
                continuation before the termination of the metropolitan 
                planning organization, the Secretary shall--
                            ``(i) delay the termination of the 
                        metropolitan planning organization under 
                        subparagraph (B) for a period of 1 year;
                            ``(ii) provide additional technical 
                        assistance to all metropolitan planning 
                        organizations provided an extension under this 
                        paragraph to assist the metropolitan planning 
                        organization in meeting the minimum 
                        requirements under subsection (e)(4)(B)(i); and
                            ``(iii) make a determination 1 year after 
                        the date on which the Secretary issues an 
                        extension, whether the MPO has meet the minimum 
                        requirements established under subsection 
                        (e)(4)(B)(i).
                    ``(D) Designation as tier ii mpo.--If the Secretary 
                determines the existing MPO has met the minimum 
                requirements under the rule issued under subsection 
                (e)(4)(B)(i), the Secretary shall designate the 
                existing MPO as a tier II MPO.
            ``(6) Redesignation.--
                    ``(A) In general.--The designation of a 
                metropolitan planning organization under this 
                subsection shall remain in effect until the date on 
                which the metropolitan planning organization is 
                redesignated, as appropriate, in accordance with the 
                requirements of this subsection pursuant to an 
                agreement between--
                            ``(i) the applicable Governor; and
                            ``(ii) affected local officials who, in the 
                        aggregate, represent at least 75 percent of the 
                        existing metropolitan planning area population 
                        (including the largest incorporated city (based 
                        on population), as calculated according to the 
                        most recent decennial census).
                    ``(B) Restructuring.--A metropolitan planning 
                organization may be restructured to meet the 
                requirements of paragraph (3) without undertaking a 
                redesignation.
            ``(7) Absence of designation.--
                    ``(A) In general.--A metropolitan planning 
                organization that is the subject of a negative 
                determination of the Secretary under paragraph 
                (5)(B)(i)(II) shall submit to the State in which the 
                metropolitan planning organization is located, or to a 
                planning organization designated by the State, by not 
                later than 180 days after the date on which a notice of 
                the negative determination is received, a 6-month plan 
                that includes a description of a method--
                            ``(i) to transfer the responsibilities of 
                        the metropolitan planning organization to the 
                        State; and
                            ``(ii) to dissolve the metropolitan 
                        planning organization.
                    ``(B) Action on dissolution.--On submission of a 
                plan under subparagraph (A), the metropolitan planning 
                area served by the applicable metropolitan planning 
                organization shall--
                            ``(i) continue to receive metropolitan 
                        transportation planning funds until the earlier 
                        of--
                                    ``(I) the date of dissolution of 
                                the metropolitan planning organization; 
                                and
                                    ``(II) the date that is 4 years 
                                after the date of enactment of the 
                                Federal Public Transportation Act of 
                                2012; and
                            ``(ii) be treated by the State as a 
                        nonmetropolitan area for purposes of this 
                        chapter.
            ``(8) Designation of multiple mpos.--
                    ``(A) In general.--More than 1 metropolitan 
                planning organization may be designated within an 
                existing metropolitan planning area only if the 
                applicable Governor and an existing MPO determine that 
                the size and complexity of the existing metropolitan 
                planning area make the designation of more than 1 
                metropolitan planning organization for the metropolitan 
                planning area appropriate.
                    ``(B) Service jurisdictions.--If more than 1 
                metropolitan planning organization is designated for an 
                existing metropolitan planning area under subparagraph 
                (A), the existing metropolitan planning area shall be 
                split into multiple metropolitan planning areas, each 
                of which shall be served by the existing MPO or a new 
                metropolitan planning organization.
                    ``(C) Tier designation.--The tier designation of 
                each metropolitan planning organization subject to a 
                designation under this paragraph shall be determined 
                based on the size of each respective metropolitan 
                planning area, in accordance with subsection (e)(4).
    ``(d) Metropolitan Planning Area Boundaries.--
            ``(1) In general.--For purposes of this section, the 
        boundaries of a metropolitan planning area shall be determined 
        by agreement between the applicable metropolitan planning 
        organization and the Governor of the State in which the 
        metropolitan planning area is located.
            ``(2) Included area.--Each metropolitan planning area--
                    ``(A) shall encompass at least the relevant 
                existing urbanized area and any contiguous area 
                expected to become urbanized within a 20-year forecast 
                period under the applicable metropolitan transportation 
                plan; and
                    ``(B) may encompass the entire relevant 
                metropolitan statistical area, as defined by the Office 
                of Management and Budget.
            ``(3) Identification of new urbanized areas.--The 
        designation by the Bureau of the Census of a new urbanized area 
        within the boundaries of an existing metropolitan planning area 
        shall not require the redesignation of the relevant existing 
        MPO.
            ``(4) Nonattainment and maintenance areas.--
                    ``(A) Existing metropolitan planning areas.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), notwithstanding paragraph (2), in 
                        the case of an urbanized area designated as a 
                        nonattainment area or maintenance area as of 
                        the date of enactment of the Federal Public 
                        Transportation Act of 2012, the boundaries of 
                        the existing metropolitan planning area as of 
                        that date of enactment shall remain in force 
                        and effect.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), the boundaries of an existing metropolitan 
                        planning area described in that clause may be 
                        adjusted by agreement of the applicable 
                        Governor and the affected metropolitan planning 
                        organizations in accordance with paragraph (1).
                    ``(B) New metropolitan planning areas.--In the case 
                of an urbanized area designated as a nonattainment area 
                or maintenance area after the date of enactment of the 
                Federal Public Transportation Act of 2012, the 
                boundaries of the applicable metropolitan planning 
                area--
                            ``(i) shall be established in accordance 
                        with subsection (c)(1);
                            ``(ii) shall encompass the areas described 
                        in paragraph (2)(A);
                            ``(iii) may encompass the areas described 
                        in paragraph (2)(B); and
                            ``(iv) may address any appropriate 
                        nonattainment area or maintenance area.
    ``(e) Requirements.--
            ``(1) Development of plans and tips.--To accomplish the 
        policy objectives described in subsection (a), each 
        metropolitan planning organization, in cooperation with the 
        applicable State and public transportation operators, shall 
        develop metropolitan transportation plans and transportation 
        improvement programs for metropolitan planning areas of the 
        State through a performance-driven, outcome-based approach to 
        metropolitan transportation planning consistent with subsection 
        (h).
            ``(2) Contents.--The metropolitan transportation plans and 
        transportation improvement programs for each metropolitan area 
        shall provide for the development and integrated management and 
        operation of transportation systems and facilities (including 
        accessible pedestrian walkways, bicycle transportation 
        facilities, and intermodal facilities that support intercity 
        transportation) that will function as--
                    ``(A) an intermodal transportation system for the 
                metropolitan planning area; and
                    ``(B) an integral part of an intermodal 
                transportation system for the applicable State and the 
                United States.
            ``(3) Process of development.--The process for developing 
        metropolitan transportation plans and transportation 
        improvement programs shall--
                    ``(A) provide for consideration of all modes of 
                transportation; and
                    ``(B) be continuing, cooperative, and comprehensive 
                to the degree appropriate, based on the complexity of 
                the transportation needs to be addressed.
            ``(4) Tiering.--
                    ``(A) Tier i mpos.--
                            ``(i) In general.--A metropolitan planning 
                        organization shall be designated as a tier I 
                        MPO if--
                                    ``(I) as certified by the Governor 
                                of each applicable State, the 
                                metropolitan planning organization 
                                operates within, and primarily serves, 
                                a metropolitan planning area with a 
                                population of 1,000,000 or more 
                                individuals, as calculated according to 
                                the most recent decennial census; and
                                    ``(II) the Secretary determines the 
                                metropolitan planning organization--
                                            ``(aa) meets the minimum 
                                        technical requirements under 
                                        clause (iv); and
                                            ``(bb) not later than 2 
                                        years after the date of 
                                        enactment of the Federal Public 
                                        Transportation Act of 2012, 
                                        will fully implement the 
                                        processes described in 
                                        subsections (h) though (j).
                            ``(ii) Absence of designation.--In the 
                        absence of designation as a tier I MPO under 
                        clause (i), a metropolitan planning 
                        organization shall operate as a tier II MPO 
                        until the date on which the Secretary 
                        determines the metropolitan planning 
                        organization can meet the minimum technical 
                        requirements under clause (iv).
                            ``(iii) Redesignation as tier i.--A 
                        metropolitan planning organization operating 
                        within a metropolitan planning area with a 
                        population of 200,000 or more and fewer than 
                        1,000,000 individuals and primarily within 
                        urbanized areas with populations of 200,000 or 
                        more individuals, as calculated according to 
                        the most recent decennial census, that is 
                        designated as a tier II MPO under subparagraph 
                        (B) may request, with the support of the 
                        applicable Governor, a redesignation as a tier 
                        I MPO on a determination by the Secretary that 
                        the metropolitan planning organization has met 
                        the minimum technical requirements under clause 
                        (iv).
                            ``(iv) Minimum technical requirements.--Not 
                        later than 1 year after the date of enactment 
                        of the Federal Public Transportation Act of 
                        2012, the Secretary shall issue a rule that 
                        establishes the minimum technical requirements 
                        necessary for a metropolitan planning 
                        organization to be designated as a tier I MPO, 
                        including, at a minimum, modeling, data, 
                        staffing, and other technical requirements.
                    ``(B) Tier ii mpos.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Federal 
                        Public Transportation Act of 2012, the 
                        Secretary shall issue a rule that establishes 
                        minimum requirements necessary for a 
                        metropolitan planning organization to be 
                        designated as a tier II MPO.
                            ``(ii) Requirements.--The minimum 
                        requirements established under clause (i) 
                        shall--
                                    ``(I) be limited to ensuring that 
                                each metropolitan planning organization 
                                has the capabilities necessary to 
                                develop the metropolitan transportation 
                                plan and transportation improvement 
                                program under this section; and
                                    ``(II) include--
                                            ``(aa) only the staffing 
                                        capabilities necessary to 
                                        operate the metropolitan 
                                        planning organization; and
                                            ``(bb) a requirement that 
                                        the metropolitan planning 
                                        organization has the technical 
                                        capacity to conduct the travel 
                                        demand model and forecasting 
                                        necessary, as appropriate to 
                                        the size and resources of the 
                                        metropolitan planning 
                                        organization, to fulfill the 
                                        requirements of this section, 
                                        except that in cases in which a 
                                        metropolitan planning 
                                        organization has a formal 
                                        agreement with a State to 
                                        conduct the modeling on behalf 
                                        of the metropolitan planning 
                                        organization, the metropolitan 
                                        planning organization shall be 
                                        exempt from the technical 
                                        capacity requirement.
                            ``(iii) Limitation.--The rule issued 
                        pursuant to this subparagraph shall only 
                        include the minimum requirements established in 
                        clause (ii).
                            ``(iv) Inclusion.--A metropolitan planning 
                        organization operating primarily within an 
                        urbanized area with a population of 200,000 or 
                        more individuals, as calculated according to 
                        the most recent decennial census, and that does 
                        not qualify as a tier I MPO under subparagraph 
                        (A)(i), shall--
                                    ``(I) be designated as a tier II 
                                MPO; and
                                    ``(II) follow the processes under 
                                subsection (k).
                    ``(C) Consolidation.--
                            ``(i) In general.--Metropolitan planning 
                        organizations operating within contiguous or 
                        adjacent urbanized areas may elect to 
                        consolidate in order to meet the population 
                        thresholds required to achieve designation as a 
                        tier I or tier II MPO under this paragraph.
                            ``(ii) Effect of subsection.--Nothing in 
                        this subsection requires or prevents 
                        consolidation among multiple metropolitan 
                        planning organizations located within a single 
                        urbanized area.
    ``(f) Coordination in Multistate Areas.--
            ``(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a multistate 
        metropolitan area and the appropriate metropolitan planning 
        organizations to provide coordinated transportation planning 
        for the entire metropolitan area.
            ``(2) Coordination along designated transportation 
        corridors.--The Secretary shall encourage each Governor with 
        responsibility for a portion of a multistate metropolitan area 
        and the appropriate metropolitan planning organizations to 
        provide coordinated transportation planning for the entire 
        designated transportation corridor.
            ``(3) Coordination with interstate compacts.--The Secretary 
        shall encourage metropolitan planning organizations to take 
        into consideration, during the development of metropolitan 
        transportation plans and transportation improvement programs, 
        any relevant transportation studies concerning planning for 
        regional transportation (including high-speed and intercity 
        rail corridor studies, commuter rail corridor studies, 
        intermodal terminals, and interstate highways) in support of 
        freight, intercity, or multistate area projects and services 
        that have been developed pursuant to interstate compacts or 
        agreements, or by organizations established under section 5304.
    ``(g) Engagement in Metropolitan Transportation Plan and TIP 
Development.--
            ``(1) Nonattainment and maintenance areas.--If more than 1 
        metropolitan planning organization has authority within a 
        metropolitan area, nonattainment area, or maintenance area, 
        each metropolitan planning organization shall consult with all 
        other metropolitan planning organizations designated for the 
        metropolitan area, nonattainment area, or maintenance area and 
        the State in the development of metropolitan transportation 
        plans and transportation improvement programs under this 
        section.
            ``(2) Transportation improvements located in multiple 
        metropolitan planning areas.--If a transportation improvement 
        project funded under this chapter or title 23 is located within 
        the boundaries of more than 1 metropolitan planning area, the 
        affected metropolitan planning organizations shall coordinate 
        metropolitan transportation plans and transportation 
        improvement programs regarding the project.
            ``(3) Coordination of adjacent planning organizations.--
                    ``(A) In general.--A metropolitan planning 
                organization that is adjacent or located in reasonably 
                close proximity to another metropolitan planning 
                organization shall coordinate with that metropolitan 
                planning organization with respect to planning 
                processes, including preparation of metropolitan 
                transportation plans and transportation improvement 
                programs, to the maximum extent practicable.
                    ``(B) Nonmetropolitan planning organizations.--A 
                metropolitan planning organization that is adjacent or 
                located in reasonably close proximity to a 
                nonmetropolitan planning organization shall consult 
                with that nonmetropolitan planning organization with 
                respect to planning processes, to the maximum extent 
                practicable.
            ``(4) Relationship with other planning officials.--
                    ``(A) In general.--The Secretary shall encourage 
                each metropolitan planning organization to cooperate 
                with Federal, State, tribal, and local officers and 
                entities responsible for other types of planning 
                activities that are affected by transportation in the 
                relevant area (including planned growth, economic 
                development, infrastructure services, housing, other 
                public services, environmental protection, airport 
                operations, high-speed and intercity passenger rail, 
                freight rail, port access, and freight movements), to 
                the maximum extent practicable, to ensure that the 
                metropolitan transportation planning process, 
                metropolitan transportation plans, and transportation 
                improvement programs are developed in cooperation with 
                other related planning activities in the area.
                    ``(B) Inclusion.--Cooperation under subparagraph 
                (A) shall include the design and delivery of 
                transportation services within the metropolitan area 
                that are provided by--
                            ``(i) recipients of assistance under 
                        sections 202, 203, and 204 of title 23;
                            ``(ii) recipients of assistance under this 
                        title;
                            ``(iii) government agencies and nonprofit 
                        organizations (including representatives of the 
                        agencies and organizations) that receive 
                        Federal assistance from a source other than the 
                        Department of Transportation to provide 
                        nonemergency transportation services; and
                            ``(iv) sponsors of regionally significant 
                        programs, projects, and services that are 
                        related to transportation and receive 
                        assistance from any public or private source.
            ``(5) Coordination of other federally required planning 
        programs.--The Secretary shall encourage each metropolitan 
        planning organization to coordinate, to the maximum extent 
        practicable, the development of metropolitan transportation 
        plans and transportation improvement programs with other 
        relevant federally required planning programs.
    ``(h) Scope of Planning Process.--
            ``(1) In general.--The metropolitan transportation planning 
        process for a metropolitan planning area under this section 
        shall provide for consideration of projects and strategies that 
        will--
                    ``(A) support the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, travel and tourism (where applicable), 
                productivity, and efficiency;
                    ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                    ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                    ``(D) increase the accessibility and mobility of 
                individuals and freight;
                    ``(E) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                    ``(F) enhance the integration and connectivity of 
                the transportation system, across and between modes, 
                for individuals and freight;
                    ``(G) increase efficient system management and 
                operation; and
                    ``(H) emphasize the preservation of the existing 
                transportation system.
            ``(2) Performance-based approach.--
                    ``(A) In general.--The metropolitan transportation 
                planning process shall provide for the establishment 
                and use of a performance-based approach to 
                transportation decisionmaking to support the national 
                goals described in section 5301(c) of this title and in 
                section 150(b) of title 23.
                    ``(B) Performance targets.--
                            ``(i) Surface transportation performance 
                        targets.--
                                    ``(I) In general.--Each 
                                metropolitan planning organization 
                                shall establish performance targets 
                                that address the performance measures 
                                described in sections 119(f), 148(h), 
                                149(k) (where applicable), and 167(i) 
                                of title 23, to use in tracking 
                                attainment of critical outcomes for the 
                                region of the metropolitan planning 
                                organization.
                                    ``(II) Coordination.--Selection of 
                                performance targets by a metropolitan 
                                planning organization shall be 
                                coordinated with the relevant State to 
                                ensure consistency, to the maximum 
                                extent practicable.
                            ``(ii) Public transportation performance 
                        targets.--Each metropolitan planning 
                        organization shall adopt the performance 
                        targets identified by providers of public 
                        transportation pursuant to sections 5326(c) and 
                        5329(d), for use in tracking attainment of 
                        critical outcomes for the region of the 
                        metropolitan planning organization.
                    ``(C) Timing.--Each metropolitan planning 
                organization shall establish the performance targets 
                under subparagraph (B) not later than 90 days after the 
                date on which the relevant State or provider of public 
                transportation establishes the performance targets.
                    ``(D) Integration of other performance-based 
                plans.--A metropolitan planning organization shall 
                integrate in the metropolitan transportation planning 
                process, directly or by reference, the goals, 
                objectives, performance measures, and targets described 
                in other State plans and processes, as well as asset 
                management and safety plans developed by providers of 
                public transportation, required as part of a 
                performance-based program, including plans such as--
                            ``(i) the State National Highway System 
                        asset management plan;
                            ``(ii) asset management plans developed by 
                        providers of public transportation;
                            ``(iii) the State strategic highway safety 
                        plan;
                            ``(iv) a congestion mitigation and air 
                        quality performance plan developed under 
                        section 149(k) of title 23 by a tier I MPO 
                        representing a nonattainment or maintenance 
                        area;
                            ``(v) safety plans developed by providers 
                        of public transportation; and
                            ``(vi) the national freight strategic plan.
                    ``(E) Use of performance measures and targets.--The 
                performance measures and targets established under this 
                paragraph shall be used, at a minimum, by the relevant 
                metropolitan planning organization as the basis for 
                development of policies, programs, and investment 
                priorities reflected in the metropolitan transportation 
                plan and transportation improvement program.
            ``(3) Failure to consider factors.--The failure to take 
        into consideration 1 or more of the factors specified in 
        paragraphs (1) and (2) shall not be subject to review by any 
        court under this chapter, title 23, subchapter II of chapter 5 
        of title 5, or chapter 7 of title 5 in any matter affecting a 
        metropolitan transportation plan, a transportation improvement 
        program, a project or strategy, or the certification of a 
        planning process.
            ``(4) Participation by interested parties.--
                    ``(A) In general.--Each metropolitan planning 
                organization shall provide to affected individuals, 
                public agencies, and other interested parties 
                (including State representatives of nonmotorized users) 
                notice and a reasonable opportunity to comment on the 
                metropolitan transportation plan and transportation 
                improvement program and any relevant scenarios.
                    ``(B) Contents of participation plan.--Each 
                metropolitan planning organization shall establish a 
                participation plan that--
                            ``(i) is developed in consultation with 
                        interested parties and local officials; and
                            ``(ii) provides that interested parties and 
                        local officials have reasonable opportunities 
                        to comment on the contents of the metropolitan 
                        transportation plan of the metropolitan 
                        planning organization.
                    ``(C) Methods.--In carrying out subparagraph (A), 
                the metropolitan planning organization shall, to the 
                maximum extent practicable--
                            ``(i) develop the metropolitan 
                        transportation plan and transportation 
                        improvement program in consultation with 
                        interested parties (including State 
                        representatives of nonmotorized users), as 
                        appropriate, including by the formation of 
                        advisory groups representative of the community 
                        and interested parties that participate in the 
                        development of the metropolitan transportation 
                        plan and transportation improvement program;
                            ``(ii) hold any public meetings at times 
                        and locations that are, as applicable--
                                    ``(I) convenient; and
                                    ``(II) in compliance with the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12101 et seq.);
                            ``(iii) employ visualization techniques to 
                        describe metropolitan transportation plans and 
                        transportation improvement programs; and
                            ``(iv) make public information available in 
                        appropriate electronically accessible formats 
                        and means, such as the Internet, to afford 
                        reasonable opportunity for consideration of 
                        public information under subparagraph (A).
    ``(i) Development of Metropolitan Transportation Plan.--
            ``(1) Development.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than 5 years after the date 
                of enactment of the Federal Public Transportation Act 
                of 2012, and not less frequently than once every 5 
                years thereafter, each metropolitan planning 
                organization shall prepare and update, respectively, a 
                metropolitan transportation plan for the relevant 
                metropolitan planning area in accordance with this 
                section.
                    ``(B) Exceptions.--A metropolitan planning 
                organization shall prepare or update, as appropriate, 
                the metropolitan transportation plan not less 
                frequently than once every 4 years if the metropolitan 
                planning organization is operating within--
                            ``(i) a nonattainment area; or
                            ``(ii) a maintenance area.
            ``(2) Other requirements.--A metropolitan transportation 
        plan under this section shall--
                    ``(A) be in a form that the Secretary determines to 
                be appropriate;
                    ``(B) have a term of not less than 20 years; and
                    ``(C) contain, at a minimum--
                            ``(i) an identification of the existing 
                        transportation infrastructure, including 
                        highways, local streets and roads, bicycle and 
                        pedestrian facilities, public transportation 
                        facilities and services, commuter rail 
                        facilities and services, high-speed and 
                        intercity passenger rail facilities and 
                        services, freight facilities (including freight 
                        railroad and port facilities), multimodal and 
                        intermodal facilities, and intermodal 
                        connectors that, evaluated in the aggregate, 
                        function as an integrated metropolitan 
                        transportation system;
                            ``(ii) a description of the performance 
                        measures and performance targets used in 
                        assessing the existing and future performance 
                        of the transportation system in accordance with 
                        subsection (h)(2);
                            ``(iii) a description of the current and 
                        projected future usage of the transportation 
                        system, including a projection based on a 
                        preferred scenario, and further including, to 
                        the extent practicable, an identification of 
                        existing or planned transportation rights-of-
                        way, corridors, facilities, and related real 
                        properties;
                            ``(iv) a system performance report 
                        evaluating the existing and future condition 
                        and performance of the transportation system 
                        with respect to the performance targets 
                        described in subsection (h)(2) and updates in 
                        subsequent system performance reports, 
                        including--
                                    ``(I) progress achieved by the 
                                metropolitan planning organization in 
                                meeting the performance targets in 
                                comparison with system performance 
                                recorded in previous reports;
                                    ``(II) an accounting of the 
                                performance of the metropolitan 
                                planning organization on outlay of 
                                obligated project funds and delivery of 
                                projects that have reached substantial 
                                completion in relation to--
                                            ``(aa) the projects 
                                        included in the transportation 
                                        improvement program; and
                                            ``(bb) the projects that 
                                        have been removed from the 
                                        previous transportation 
                                        improvement program; and
                                    ``(III) when appropriate, an 
                                analysis of how the preferred scenario 
                                has improved the conditions and 
                                performance of the transportation 
                                system and how changes in local 
                                policies, investments, and growth have 
                                impacted the costs necessary to achieve 
                                the identified performance targets;
                            ``(v) recommended strategies and 
                        investments for improving system performance 
                        over the planning horizon, including 
                        transportation systems management and 
                        operations strategies, maintenance strategies, 
                        demand management strategies, asset management 
                        strategies, capacity and enhancement 
                        investments, State and local economic 
                        development and land use improvements, 
                        intelligent transportation systems deployment, 
                        and technology adoption strategies, as 
                        determined by the projected support of the 
                        performance targets described in subsection 
                        (h)(2);
                            ``(vi) recommended strategies and 
                        investments to improve and integrate 
                        disability-related access to transportation 
                        infrastructure, including strategies and 
                        investments based on a preferred scenario, when 
                        appropriate;
                            ``(vii) investment priorities for using 
                        projected available and proposed revenues over 
                        the short- and long-term stages of the planning 
                        horizon, in accordance with the financial plan 
                        required under paragraph (4);
                            ``(viii) a description of interstate 
                        compacts entered into in order to promote 
                        coordinated transportation planning in 
                        multistate areas, if applicable;
                            ``(ix) an optional illustrative list of 
                        projects containing investments that--
                                    ``(I) are not included in the 
                                metropolitan transportation plan; but
                                    ``(II) would be so included if 
                                resources in addition to the resources 
                                identified in the financial plan under 
                                paragraph (4) were available;
                            ``(x) a discussion (developed in 
                        consultation with Federal, State, and tribal 
                        wildlife, land management, and regulatory 
                        agencies) of types of potential environmental 
                        and stormwater mitigation activities and 
                        potential areas to carry out those activities, 
                        including activities that may have the greatest 
                        potential to restore and maintain the 
                        environmental functions affected by the 
                        metropolitan transportation plan; and
                            ``(xi) recommended strategies and 
                        investments, including those developed by the 
                        State as part of interstate compacts, 
                        agreements, or organizations, that support 
                        intercity transportation.
            ``(3) Scenario development.--
                    ``(A) In general.--When preparing the metropolitan 
                transportation plan, the metropolitan planning 
                organization may, while fitting the needs and 
                complexity of their community, develop multiple 
                scenarios for consideration as a part of the 
                development of the metropolitan transportation plan, in 
                accordance with subparagraph (B).
                    ``(B) Components of scenarios.--The scenarios--
                            ``(i) shall include potential regional 
                        investment strategies for the planning horizon;
                            ``(ii) shall include assumed distribution 
                        of population and employment;
                            ``(iii) may include a scenario that, to the 
                        maximum extent practicable, maintains baseline 
                        conditions for the performance measures 
                        identified in subsection (h)(2);
                            ``(iv) may include a scenario that improves 
                        the baseline conditions for as many of the 
                        performance measures under subsection (h)(2) as 
                        possible;
                            ``(v) shall be revenue constrained based on 
                        the total revenues expected to be available 
                        over the forecast period of the plan; and
                            ``(vi) may include estimated costs and 
                        potential revenues available to support each 
                        scenario.
                    ``(C) Metrics.--In addition to the performance 
                measures identified in subsection (h)(2), scenarios 
                developed under this paragraph may be evaluated using 
                locally developed metrics for the following categories:
                            ``(i) Congestion and mobility, including 
                        transportation use by mode.
                            ``(ii) Freight movement.
                            ``(iii) Safety.
                            ``(iv) Efficiency and costs to taxpayers.
            ``(4) Financial plan.--A financial plan referred to in 
        paragraph (2)(C)(vii) shall--
                    ``(A) be prepared by each metropolitan planning 
                organization to support the metropolitan transportation 
                plan; and
                    ``(B) contain a description of the following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the metropolitan transportation 
                        plan, including existing and projected system 
                        operating and maintenance needs, proposed 
                        enhancement and expansions to the system, 
                        projected available revenue from Federal, 
                        State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the metropolitan 
                        planning organization, any public 
                        transportation agency, and the State, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        metropolitan transportation plan.
                            ``(iv) Each applicable project only if full 
                        funding can reasonably be anticipated to be 
                        available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(5) Coordination with clean air act agencies.--The 
        metropolitan planning organization for any metropolitan area 
        that is a nonattainment area or maintenance area shall 
        coordinate the development of a transportation plan with the 
        process for development of the transportation control measures 
        of the State implementation plan required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
            ``(6) Publication.--On approval by the relevant 
        metropolitan planning organization, a metropolitan 
        transportation plan involving Federal participation shall be, 
        at such times and in such manner as the Secretary shall 
        require--
                    ``(A) published or otherwise made readily available 
                by the metropolitan planning organization for public 
                review, including (to the maximum extent practicable) 
                in electronically accessible formats and means, such as 
                the Internet; and
                    ``(B) submitted for informational purposes to the 
                applicable Governor.
            ``(7) Consultation.--
                    ``(A) In general.--In each metropolitan area, the 
                metropolitan planning organization shall consult, as 
                appropriate, with Federal, State, tribal, and local 
                agencies responsible for land use management, natural 
                resources, environmental protection, conservation, and 
                historic preservation concerning the development of a 
                metropolitan transportation plan.
                    ``(B) Issues.--The consultation under subparagraph 
                (A) shall involve, as available, consideration of--
                            ``(i) metropolitan transportation plans 
                        with Federal, State, tribal, and local 
                        conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.
            ``(8) Selection of projects from illustrative list.--
        Notwithstanding paragraph (4), a State or metropolitan planning 
        organization shall not be required to select any project from 
        the illustrative list of additional projects included in the 
        metropolitan transportation plan under paragraph (2)(C)(ix).
    ``(j) Transportation Improvement Program.--
            ``(1) Development.--
                    ``(A) In general.--In cooperation with the 
                applicable State and any affected public transportation 
                operator, the metropolitan planning organization 
                designated for a metropolitan area shall develop a 
                transportation improvement program for the metropolitan 
                planning area that--
                            ``(i) contains projects consistent with the 
                        current metropolitan transportation plan;
                            ``(ii) reflects the investment priorities 
                        established in the current metropolitan 
                        transportation plan; and
                            ``(iii) once implemented, will make 
                        significant progress toward achieving the 
                        performance targets established under 
                        subsection (h)(2).
                    ``(B) Opportunity for participation.--In developing 
                the transportation improvement program, the 
                metropolitan planning organization, in cooperation with 
                the State and any affected public transportation 
                operator, shall provide an opportunity for 
                participation by interested parties, in accordance with 
                subsection (h)(4).
                    ``(C) Updating and approval.--The transportation 
                improvement program shall be--
                            ``(i) updated not less frequently than once 
                        every 4 years, on a cycle compatible with the 
                        development of the relevant statewide 
                        transportation improvement program under 
                        section 5304; and
                            ``(ii) approved by the applicable Governor.
            ``(2) Contents.--
                    ``(A) Priority list.--The transportation 
                improvement program shall include a priority list of 
                proposed federally supported projects and strategies to 
                be carried out during the 4-year period beginning on 
                the date of adoption of the transportation improvement 
                program, and each 4-year period thereafter, using 
                existing and reasonably available revenues in 
                accordance with the financial plan under paragraph (3).
                    ``(B) Descriptions.--Each project described in the 
                transportation improvement program shall include 
                sufficient descriptive material (such as type of work, 
                termini, length, and other similar factors) to identify 
                the project or phase of the project and the effect that 
                the project or project phase will have in addressing 
                the targets described in subsection (h)(2).
                    ``(C) Performance target achievement.--The 
                transportation improvement program shall include, to 
                the maximum extent practicable, a description of the 
                anticipated effect of the transportation improvement 
                program on attainment of the performance targets 
                established in the metropolitan transportation plan, 
                linking investment priorities to those performance 
                targets.
                    ``(D) Illustrative list of projects.--In developing 
                a transportation improvement program, an optional 
                illustrative list of projects may be prepared 
                containing additional investment priorities that--
                            ``(i) are not included in the 
                        transportation improvement program; but
                            ``(ii) would be so included if resources in 
                        addition to the resources identified in the 
                        financial plan under paragraph (3) were 
                        available.
            ``(3) Financial plan.--A financial plan referred to in 
        paragraph (2)(D)(ii) shall--
                    ``(A) be prepared by each metropolitan planning 
                organization to support the transportation improvement 
                program; and
                    ``(B) contain a description of the following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the transportation improvement 
                        program, including existing and projected 
                        system operating and maintenance needs, 
                        proposed enhancement and expansions to the 
                        system, projected available revenue from 
                        Federal, State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the metropolitan 
                        planning organization, any public 
                        transportation agency, and the State, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        transportation improvement program.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(4) Included projects.--
                    ``(A) Projects under this chapter and title 23.--A 
                transportation improvement program developed under this 
                subsection for a metropolitan area shall include a 
                description of the projects within the area that are 
                proposed for funding under this chapter and chapter 1 
                of title 23.
                    ``(B) Projects under chapter 2.--
                            ``(i) Regionally significant.--Each 
                        regionally significant project proposed for 
                        funding under chapter 2 of title 23 shall be 
                        identified individually in the transportation 
                        improvement program.
                            ``(ii) Nonregionally significant.--A 
                        description of each project proposed for 
                        funding under chapter 2 of title 23 that is not 
                        determined to be regionally significant shall 
                        be contained in 1 line item or identified 
                        individually in the transportation improvement 
                        program.
            ``(5) Opportunity for participation.--Before approving a 
        transportation improvement program, a metropolitan planning 
        organization, in cooperation with the State and any affected 
        public transportation operator, shall provide an opportunity 
        for participation by interested parties in the development of 
        the transportation improvement program, in accordance with 
        subsection (h)(4).
            ``(6) Selection of projects.--
                    ``(A) In general.--Each tier I MPO and tier II MPO 
                shall select projects carried out within the boundaries 
                of the applicable metropolitan planning area from the 
                transportation improvement program, in consultation 
                with the relevant State and on concurrence of the 
                affected facility owner, for funds apportioned to the 
                State under section 104(b)(2) of title 23 and 
                suballocated to the metropolitan planning area under 
                section 133(d) of title 23.
                    ``(B) Projects under chapter 53.--In the case of 
                projects under this chapter, the selection of federally 
                funded projects in metropolitan areas shall be carried 
                out, from the approved transportation improvement 
                program, by the designated recipients of public 
                transportation funding in cooperation with the 
                metropolitan planning organization.
                    ``(C) Congestion mitigation and air quality 
                projects.--Each tier I MPO shall select projects 
                carried out within the boundaries of the applicable 
                metropolitan planning area from the transportation 
                improvement program, in consultation with the relevant 
                State and on concurrence of the affected facility 
                owner, for funds apportioned to the State under section 
                104(b)(4) of title 23 and suballocated to the 
                metropolitan planning area under section 149(j) of 
                title 23.
                    ``(D) Modifications to project priority.--
                Notwithstanding any other provision of law, approval by 
                the Secretary shall not be required to carry out a 
                project included in a transportation improvement 
                program in place of another project in the 
                transportation improvement program.
            ``(7) Publication.--
                    ``(A) In general.--A transportation improvement 
                program shall be published or otherwise made readily 
                available by the applicable metropolitan planning 
                organization for public review in electronically 
                accessible formats and means, such as the Internet.
                    ``(B) Annual list of projects.--An annual list of 
                projects, including investments in pedestrian walkways, 
                bicycle transportation facilities, and intermodal 
                facilities that support intercity transportation, for 
                which Federal funds have been obligated during the 
                preceding fiscal year shall be published or otherwise 
                made available by the cooperative effort of the State, 
                public transportation operator, and metropolitan 
                planning organization in electronically accessible 
                formats and means, such as the Internet, in a manner 
                that is consistent with the categories identified in 
                the relevant transportation improvement program.
    ``(k) Planning Requirements for Tier II MPOs.--
            ``(1) In general.--The Secretary may provide for the 
        performance-based development of a metropolitan transportation 
        plan and transportation improvement program for the 
        metropolitan planning area of a tier II MPO, as the Secretary 
        determines to be appropriate, taking into account--
                    ``(A) the complexity of transportation needs in the 
                area; and
                    ``(B) the technical capacity of the metropolitan 
                planning organization.
            ``(2) Evaluation of performance-based planning.--In 
        reviewing a tier II MPO under subsection (m), the Secretary 
        shall take into consideration the effectiveness of the tier II 
        MPO in implementing and maintaining a performance-based 
        planning process that--
                    ``(A) addresses the performance targets described 
                in subsection (h)(2); and
                    ``(B) demonstrates progress on the achievement of 
                those performance targets.
    ``(l) Certification.--
            ``(1) In general.--The Secretary shall--
                    ``(A) ensure that the metropolitan transportation 
                planning process of a metropolitan planning 
                organization is being carried out in accordance with 
                applicable Federal law; and
                    ``(B) subject to paragraph (2), certify, not less 
                frequently than once every 4 years, that the 
                requirements of subparagraph (A) are met with respect 
                to the metropolitan transportation planning process.
            ``(2) Requirements for certification.--The Secretary may 
        make a certification under paragraph (1)(B) if--
                    ``(A) the metropolitan transportation planning 
                process complies with the requirements of this section 
                and other applicable Federal law;
                    ``(B) representation on the metropolitan planning 
                organization board includes officials of public 
                agencies that administer or operate major modes of 
                transportation in the relevant metropolitan area, 
                including providers of public transportation; and
                    ``(C) a transportation improvement program for the 
                metropolitan planning area has been approved by the 
                relevant metropolitan planning organization and 
                applicable Governor.
            ``(3) Delegation of authority.--The Secretary may--
                    ``(A) delegate to the appropriate State fact-
                finding authority regarding the certification of a tier 
                II MPO under this subsection; and
                    ``(B) make the certification under paragraph (1) in 
                consultation with the State.
            ``(4) Effect of failure to certify.--
                    ``(A) Withholding of project funds.--If a 
                metropolitan transportation planning process of a 
                metropolitan planning organization is not certified 
                under paragraph (1), the Secretary may withhold up to 
                20 percent of the funds attributable to the 
                metropolitan planning area of the metropolitan planning 
                organization for projects funded under this chapter and 
                title 23.
                    ``(B) Restoration of withheld funds.--Any funds 
                withheld under subparagraph (A) shall be restored to 
                the metropolitan planning area on the date of 
                certification of the metropolitan transportation 
                planning process by the Secretary.
            ``(5) Public involvement.--In making a determination 
        regarding certification under this subsection, the Secretary 
        shall provide for public involvement appropriate to the 
        metropolitan planning area under review.
    ``(m) Performance-based Planning Processes Evaluation.--
            ``(1) In general.--The Secretary shall establish criteria 
        to evaluate the effectiveness of the performance-based planning 
        processes of metropolitan planning organizations under this 
        section, taking into consideration the following:
                    ``(A) The extent to which the metropolitan planning 
                organization has achieved, or is currently making 
                substantial progress toward achieving, the performance 
                targets specified in subsection (h)(2), taking into 
                account whether the metropolitan planning organization 
                developed meaningful performance targets.
                    ``(B) The extent to which the metropolitan planning 
                organization has used proven best practices that help 
                ensure transportation investment that is efficient and 
                cost-effective.
                    ``(C) The extent to which the metropolitan planning 
                organization--
                            ``(i) has developed an investment process 
                        that relies on public input and awareness to 
                        ensure that investments are transparent and 
                        accountable; and
                            ``(ii) provides regular reports allowing 
                        the public to access the information being 
                        collected in a format that allows the public to 
                        meaningfully assess the performance of the 
                        metropolitan planning organization.
            ``(2) Report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of the Federal Public Transportation 
                Act of 2012, the Secretary shall submit to Congress a 
                report evaluating--
                            ``(i) the overall effectiveness of 
                        performance-based planning as a tool for 
                        guiding transportation investments; and
                            ``(ii) the effectiveness of the 
                        performance-based planning process of each 
                        metropolitan planning organization under this 
                        section.
                    ``(B) Publication.--The report under subparagraph 
                (A) shall be published or otherwise made available in 
                electronically accessible formats and means, including 
                on the Internet.
    ``(n) Additional Requirements for Certain Nonattainment Areas.--
            ``(1) In general.--Notwithstanding any other provision of 
        this chapter or title 23, Federal funds may not be advanced in 
        any metropolitan planning area classified as a nonattainment 
        area or maintenance area for any highway project that will 
        result in a significant increase in the carrying capacity for 
        single-occupant vehicles, unless the owner or operator of the 
        project demonstrates that the project will achieve or make 
        substantial progress toward achieving the performance targets 
        described in subsection (h)(2).
            ``(2) Applicability.--This subsection applies to any 
        nonattainment area or maintenance area within the boundaries of 
        a metropolitan planning area, as determined under subsection 
        (c).
    ``(o) Effect of Section.--Nothing in this section provides to any 
metropolitan planning organization the authority to impose any legal 
requirement on any transportation facility, provider, or project not 
subject to the requirements of this chapter or title 23.
    ``(p) Funding.--Funds apportioned under section 104(b)(6) of title 
23 and set aside under section 5305(g) of this title shall be available 
to carry out this section.
    ``(q) Continuation of Current Review Practice.--
            ``(1) In general.--In consideration of the factors 
        described in paragraph (2), any decision by the Secretary 
        concerning a metropolitan transportation plan or transportation 
        improvement program shall not be considered to be a Federal 
        action subject to review under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Description of factors.--The factors referred to in 
        paragraph (1) are that--
                    ``(A) metropolitan transportation plans and 
                transportation improvement programs are subject to a 
                reasonable opportunity for public comment;
                    ``(B) the projects included in metropolitan 
                transportation plans and transportation improvement 
                programs are subject to review under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.); and
                    ``(C) decisions by the Secretary concerning 
                metropolitan transportation plans and transportation 
                improvement programs have not been reviewed under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) as of January 1, 1997.
    ``(r) Schedule for Implementation.--The Secretary shall issue 
guidance on a schedule for implementation of the changes made by this 
section, taking into consideration the established planning update 
cycle for metropolitan planning organizations. The Secretary shall not 
require a metropolitan planning organization to deviate from its 
established planning update cycle to implement changes made by this 
section. Metropolitan planning organizations shall reflect changes made 
to their transportation plan or transportation improvement program 
updates not later than 2 years after the date of issuance of guidance 
by the Secretary.''.
    (b) Pilot Program for Transit-oriented Development Planning.--
            (1) Definitions.--In this subsection the following 
        definitions shall apply:
                    (A) Eligible project.--The term ``eligible 
                project'' means a new fixed guideway capital project or 
                a core capacity improvement project, as those terms are 
                defined in section 5309 of title 49, United States 
                Code, as amended by this division.
                    (B) Secretary.--The term ``Secretary'' means the 
                Secretary of Transportation.
            (2) General authority.--The Secretary may make grants under 
        this subsection to a State or local governmental authority to 
        assist in financing comprehensive planning associated with an 
        eligible project that seeks to--
                    (A) enhance economic development, ridership, and 
                other goals established during the project development 
                and engineering processes;
                    (B) facilitate multimodal connectivity and 
                accessibility;
                    (C) increase access to transit hubs for pedestrian 
                and bicycle traffic;
                    (D) enable mixed-use development;
                    (E) identify infrastructure needs associated with 
                the eligible project; and
                    (F) include private sector participation.
            (3) Eligibility.--A State or local governmental authority 
        that desires to participate in the program under this 
        subsection shall submit to the Secretary an application that 
        contains, at a minimum--
                    (A) identification of an eligible project;
                    (B) a schedule and process for the development of a 
                comprehensive plan;
                    (C) a description of how the eligible project and 
                the proposed comprehensive plan advance the 
                metropolitan transportation plan of the metropolitan 
                planning organization;
                    (D) proposed performance criteria for the 
                development and implementation of the comprehensive 
                plan; and
                    (E) identification of--
                            (i) partners;
                            (ii) availability of and authority for 
                        funding; and
                            (iii) potential State, local or other 
                        impediments to the implementation of the 
                        comprehensive plan.

SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    Section 5304 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5304. Statewide and nonmetropolitan transportation planning
    ``(a) Statewide Transportation Plans and STIPs.--
            ``(1) Development.--
                    ``(A) In general.--To accomplish the policy 
                objectives described in section 5303(a), each State 
                shall develop a statewide transportation plan and a 
                statewide transportation improvement program for all 
                areas of the State in accordance with this section.
                    ``(B) Incorporation of metropolitan transportation 
                plans and tips.--Each State shall incorporate in the 
                statewide transportation plan and statewide 
                transportation improvement program, without change or 
                by reference, the metropolitan transportation plans and 
                transportation improvement programs, respectively, for 
                each metropolitan planning area in the State.
                    ``(C) Nonmetropolitan areas.--Each State shall 
                consult with local officials in small urbanized areas 
                with a population of 50,000 or more individuals, but 
                fewer than 200,000 individuals, as calculated according 
                to the most recent decennial census, and nonurbanized 
                areas of the State in preparing the nonmetropolitan 
                portions of statewide transportation plans and 
                statewide transportation improvement programs.
            ``(2) Contents.--The statewide transportation plan and 
        statewide transportation improvement program developed for each 
        State shall provide for the development and integrated 
        management and operation of transportation systems and 
        facilities (including accessible pedestrian walkways, bicycle 
        transportation facilities, and intermodal facilities that 
        support intercity transportation) that will function as--
                    ``(A) an intermodal transportation system for the 
                State; and
                    ``(B) an integral part of an intermodal 
                transportation system for the United States.
            ``(3) Process.--The process for developing the statewide 
        transportation plan and statewide transportation improvement 
        program shall--
                    ``(A) provide for consideration of all modes of 
                transportation; and
                    ``(B) be continuing, cooperative, and comprehensive 
                to the degree appropriate, based on the complexity of 
                the transportation needs to be addressed.
    ``(b) Coordination and Consultation.--
            ``(1) In general.--Each State shall--
                    ``(A) coordinate planning carried out under this 
                section with--
                            ``(i) the transportation planning 
                        activities carried out under section 5303 for 
                        metropolitan areas of the State; and
                            ``(ii) statewide trade and economic 
                        development planning activities and related 
                        multistate planning efforts;
                    ``(B) coordinate planning carried out under this 
                section with the transportation planning activities 
                carried out by each nonmetropolitan planning 
                organization in the State, as applicable;
                    ``(C) consult on planning carried out under this 
                section with the transportation planning activities 
                carried out by each rural planning organization in the 
                State, as applicable; and
                    ``(D) develop the transportation portion of the 
                State implementation plan as required by the Clean Air 
                Act (42 U.S.C. 7401 et seq.).
            ``(2) Multistate areas.--
                    ``(A) In general.--The Secretary shall encourage 
                each Governor with responsibility for a portion of a 
                multistate metropolitan planning area and the 
                appropriate metropolitan planning organizations to 
                provide coordinated transportation planning for the 
                entire metropolitan area.
                    ``(B) Coordination along designated transportation 
                corridors.--The Secretary shall encourage each Governor 
                with responsibility for a portion of a multistate 
                transportation corridor to provide coordinated 
                transportation planning for the entire designated 
                corridor.
                    ``(C) Interstate compacts.--For purposes of this 
                section, any 2 or more States--
                            ``(i) may enter into compacts, agreements, 
                        or organizations not in conflict with any 
                        Federal law for cooperative efforts and mutual 
                        assistance in support of activities authorized 
                        under this section, as the activities relate to 
                        interstate areas and localities within the 
                        States;
                            ``(ii) may establish such agencies (joint 
                        or otherwise) as the States determine to be 
                        appropriate for ensuring the effectiveness of 
                        the agreements and compacts; and
                            ``(iii) are encouraged to enter into such 
                        compacts, agreements, or organizations as are 
                        appropriate to develop planning documents in 
                        support of intercity or multistate area 
                        projects, facilities, and services, the 
                        relevant components of which shall be reflected 
                        in statewide transportation improvement 
                        programs and statewide transportation plans.
                    ``(D) Reservation of rights.--The right to alter, 
                amend, or repeal any interstate compact or agreement 
                entered into under this subsection is expressly 
                reserved.
    ``(c) Relationship With Other Planning Officials.--
            ``(1) In general.--The Secretary shall encourage each State 
        to cooperate with Federal, State, tribal, and local officers 
        and entities responsible for other types of planning activities 
        that are affected by transportation in the relevant area 
        (including planned growth, economic development, infrastructure 
        services, housing, other public services, environmental 
        protection, airport operations, high-speed and intercity 
        passenger rail, freight rail, port access, and freight 
        movements), to the maximum extent practicable, to ensure that 
        the statewide and nonmetropolitan planning process, statewide 
        transportation plans, and statewide transportation improvement 
        programs are developed with due consideration for other related 
        planning activities in the State.
            ``(2) Inclusion.--Cooperation under paragraph (1) shall 
        include the design and delivery of transportation services 
        within the State that are provided by--
                    ``(A) recipients of assistance under sections 202, 
                203, and 204 of title 23;
                    ``(B) recipients of assistance under this chapter;
                    ``(C) government agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive Federal 
                assistance from a source other than the Department of 
                Transportation to provide nonemergency transportation 
                services; and
                    ``(D) sponsors of regionally significant programs, 
                projects, and services that are related to 
                transportation and receive assistance from any public 
                or private source.
    ``(d) Scope of Planning Process.--
            ``(1) In general.--The statewide transportation planning 
        process for a State under this section shall provide for 
        consideration of projects, strategies, and services that will--
                    ``(A) support the economic vitality of the United 
                States, the State, nonmetropolitan areas, and 
                metropolitan areas, especially by enabling global 
                competitiveness, travel and tourism (where applicable), 
                productivity, and efficiency;
                    ``(B) increase the safety of the transportation 
                system for motorized and nonmotorized users;
                    ``(C) increase the security of the transportation 
                system for motorized and nonmotorized users;
                    ``(D) increase the accessibility and mobility of 
                individuals and freight;
                    ``(E) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                    ``(F) enhance the integration and connectivity of 
                the transportation system, across and between modes, 
                for individuals and freight;
                    ``(G) increase efficient system management and 
                operation; and
                    ``(H) emphasize the preservation of the existing 
                transportation system.
            ``(2) Performance-based approach.--
                    ``(A) In general.--The statewide transportation 
                planning process shall provide for the establishment 
                and use of a performance-based approach to 
                transportation decisionmaking to support the national 
                goals described in section 5301(c) of this title and in 
                section 150(b) of title 23.
                    ``(B) Surface transportation performance targets.--
                            ``(i) In general.--Each State shall 
                        establish performance targets that address the 
                        performance measures described in sections 
                        119(f), 148(h), and 167(i) of title 23 to use 
                        in tracking attainment of critical outcomes for 
                        the region of the State.
                            ``(ii) Coordination.--Selection of 
                        performance targets by a State shall be 
                        coordinated with relevant metropolitan planning 
                        organizations to ensure consistency, to the 
                        maximum extent practicable.
                    ``(C) Public transportation performance targets.--
                For providers of public transportation operating in 
                urbanized areas with a population of fewer than 200,000 
                individuals, as calculated according to the most recent 
                decennial census, and not represented by a metropolitan 
                planning organization, each State shall adopt the 
                performance targets identified by such providers of 
                public transportation pursuant to sections 5326(c) and 
                5329(d), for use in tracking attainment of critical 
                outcomes for the region of the metropolitan planning 
                organization.
                    ``(D) Integration of other performance-based 
                plans.--A State shall integrate into the statewide 
                transportation planning process, directly or by 
                reference, the goals, objectives, performance measures, 
                and performance targets described in this paragraph in 
                other State plans and processes, and asset management 
                and safety plans developed by providers of public 
                transportation in urbanized areas with a population of 
                fewer than 200,000 individuals, as calculated according 
                to the most recent decennial census, and not 
                represented by a metropolitan planning organization, 
                required as part of a performance-based program, 
                including plans such as--
                            ``(i) the State National Highway System 
                        asset management plan;
                            ``(ii) asset management plans developed by 
                        providers of public transportation;
                            ``(iii) the State strategic highway safety 
                        plan;
                            ``(iv) safety plans developed by providers 
                        of public transportation; and
                            ``(v) the national freight strategic plan.
                    ``(E) Use of performance measures and targets.--The 
                performance measures and targets established under this 
                paragraph shall be used, at a minimum, by a State as 
                the basis for development of policies, programs, and 
                investment priorities reflected in the statewide 
                transportation plan and statewide transportation 
                improvement program.
            ``(3) Failure to consider factors.--The failure to take 
        into consideration 1 or more of the factors specified in 
        paragraphs (1) and (2) shall not be subject to review by any 
        court under this chapter, title 23, subchapter II of chapter 5 
        of title 5, or chapter 7 of title 5 in any matter affecting a 
        statewide transportation plan, a statewide transportation 
        improvement program, a project or strategy, or the 
        certification of a planning process.
            ``(4) Participation by interested parties.--
                    ``(A) In general.--Each State shall provide to--
                            ``(i) nonmetropolitan local elected 
                        officials an opportunity to participate in 
                        accordance with subparagraph (B)(i); and
                            ``(ii) affected individuals, public 
                        agencies, and other interested parties notice 
                        and a reasonable opportunity to comment on the 
                        statewide transportation plan and statewide 
                        transportation improvement program.
                    ``(B) Methods.--In carrying out this paragraph, the 
                State shall--
                            ``(i) develop and document a consultative 
                        process to carry out subparagraph (A)(i) that 
                        is separate and discrete from the public 
                        involvement process developed under clause 
                        (ii);
                            ``(ii) develop the statewide transportation 
                        plan and statewide transportation improvement 
                        program in consultation with interested 
                        parties, as appropriate, including by the 
                        formation of advisory groups representative of 
                        the State and interested parties that 
                        participate in the development of the statewide 
                        transportation plan and statewide 
                        transportation improvement program;
                            ``(iii) hold any public meetings at times 
                        and locations that are, as applicable--
                                    ``(I) convenient; and
                                    ``(II) in compliance with the 
                                Americans with Disabilities Act of 1990 
                                (42 U.S.C. 12101 et seq.);
                            ``(iv) employ visualization techniques to 
                        describe statewide transportation plans and 
                        statewide transportation improvement programs; 
                        and
                            ``(v) make public information available in 
                        appropriate electronically accessible formats 
                        and means, such as the Internet, to afford 
                        reasonable opportunity for consideration of 
                        public information under subparagraph (A).
    ``(e) Coordination and Consultation.--
            ``(1) Metropolitan areas.--
                    ``(A) In general.--Each State shall develop a 
                statewide transportation plan and statewide 
                transportation improvement program for each 
                metropolitan area in the State by incorporating, 
                without change or by reference, at a minimum, as 
                prepared by each metropolitan planning organization 
                designated for the metropolitan area under section 
                5303--
                            ``(i) all regionally significant projects 
                        to be carried out during the 10-year period 
                        beginning on the effective date of the relevant 
                        existing metropolitan transportation plan; and
                            ``(ii) all projects to be carried out 
                        during the 4-year period beginning on the 
                        effective date of the relevant transportation 
                        improvement program.
                    ``(B) Projected costs.--Each metropolitan planning 
                organization shall provide to each applicable State a 
                description of the projected costs of implementing the 
                projects included in the metropolitan transportation 
                plan of the metropolitan planning organization for 
                purposes of metropolitan financial planning and fiscal 
                constraint.
            ``(2) Nonmetropolitan areas.--With respect to 
        nonmetropolitan areas in a State, the statewide transportation 
        plan and statewide transportation improvement program of the 
        State shall be developed in consultation with affected 
        nonmetropolitan local officials with responsibility for 
        transportation, including providers of public transportation.
            ``(3) Indian tribal areas.--With respect to each area of a 
        State under the jurisdiction of an Indian tribe, the statewide 
        transportation plan and statewide transportation improvement 
        program of the State shall be developed in consultation with--
                    ``(A) the tribal government; and
                    ``(B) the Secretary of the Interior.
            ``(4) Federal land management agencies.--With respect to 
        each area of a State under the jurisdiction of a Federal land 
        management agency, the statewide transportation plan and 
        statewide transportation improvement program of the State shall 
        be developed in consultation with the relevant Federal land 
        management agency.
            ``(5) Consultation, comparison, and consideration.--
                    ``(A) In general.--A statewide transportation plan 
                shall be developed, as appropriate, in consultation 
                with Federal, State, tribal, and local agencies 
                responsible for land use management, natural resources, 
                infrastructure permitting, environmental protection, 
                conservation, and historic preservation.
                    ``(B) Comparison and consideration.--Consultation 
                under subparagraph (A) shall involve the comparison of 
                statewide transportation plans to, as available--
                            ``(i) Federal, State, tribal, and local 
                        conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.
    ``(f) Statewide Transportation Plan.--
            ``(1) Development.--
                    ``(A) In general.--Each State shall develop a 
                statewide transportation plan, the forecast period of 
                which shall be not less than 20 years for all areas of 
                the State, that provides for the development and 
                implementation of the intermodal transportation system 
                of the State.
                    ``(B) Initial period.--A statewide transportation 
                plan shall include, at a minimum, for the first 10-year 
                period of the statewide transportation plan, the 
                identification of existing and future transportation 
                facilities that will function as an integrated 
                statewide transportation system, giving emphasis to 
                those facilities that serve important national, 
                statewide, and regional transportation functions.
                    ``(C) Subsequent period.--For the second 10-year 
                period of the statewide transportation plan (referred 
                to in this subsection as the `outer years period'), a 
                statewide transportation plan--
                            ``(i) may include identification of future 
                        transportation facilities; and
                            ``(ii) shall describe the policies and 
                        strategies that provide for the development and 
                        implementation of the intermodal transportation 
                        system of the State.
                    ``(D) Other requirements.--A statewide 
                transportation plan shall--
                            ``(i) include, for the 20-year period 
                        covered by the statewide transportation plan, a 
                        description of--
                                    ``(I) the projected aggregate cost 
                                of projects anticipated by a State to 
                                be implemented; and
                                    ``(II) the revenues necessary to 
                                support the projects;
                            ``(ii) include, in such form as the 
                        Secretary determines to be appropriate, a 
                        description of--
                                    ``(I) the existing transportation 
                                infrastructure, including an 
                                identification of highways, local 
                                streets and roads, bicycle and 
                                pedestrian facilities, public 
                                transportation facilities and services, 
                                commuter rail facilities and services, 
                                high-speed and intercity passenger rail 
                                facilities and services, freight 
                                facilities (including freight railroad 
                                and port facilities), multimodal and 
                                intermodal facilities, and intermodal 
                                connectors that, evaluated in the 
                                aggregate, function as an integrated 
                                transportation system;
                                    ``(II) the performance measures and 
                                performance targets used in assessing 
                                the existing and future performance of 
                                the transportation system described in 
                                subsection (d)(2);
                                    ``(III) the current and projected 
                                future usage of the transportation 
                                system, including, to the maximum 
                                extent practicable, an identification 
                                of existing or planned transportation 
                                rights-of-way, corridors, facilities, 
                                and related real properties;
                                    ``(IV) a system performance report 
                                evaluating the existing and future 
                                condition and performance of the 
                                transportation system with respect to 
                                the performance targets described in 
                                subsection (d)(2) and updates to 
                                subsequent system performance reports, 
                                including--
                                            ``(aa) progress achieved by 
                                        the State in meeting 
                                        performance targets, as 
                                        compared to system performance 
                                        recorded in previous reports; 
                                        and
                                            ``(bb) an accounting of the 
                                        performance by the State on 
                                        outlay of obligated project 
                                        funds and delivery of projects 
                                        that have reached substantial 
                                        completion, in relation to the 
                                        projects currently on the 
                                        statewide transportation 
                                        improvement program and those 
                                        projects that have been removed 
                                        from the previous statewide 
                                        transportation improvement 
                                        program;
                                    ``(V) recommended strategies and 
                                investments for improving system 
                                performance over the planning horizon, 
                                including transportation systems 
                                management and operations strategies, 
                                maintenance strategies, demand 
                                management strategies, asset management 
                                strategies, capacity and enhancement 
                                investments, land use improvements, 
                                intelligent transportation systems 
                                deployment and technology adoption 
                                strategies as determined by the 
                                projected support of performance 
                                targets described in subsection (d)(2);
                                    ``(VI) recommended strategies and 
                                investments to improve and integrate 
                                disability-related access to 
                                transportation infrastructure;
                                    ``(VII) investment priorities for 
                                using projected available and proposed 
                                revenues over the short- and long-term 
                                stages of the planning horizon, in 
                                accordance with the financial plan 
                                required under paragraph (2);
                                    ``(VIII) a description of 
                                interstate compacts entered into in 
                                order to promote coordinated 
                                transportation planning in multistate 
                                areas, if applicable;
                                    ``(IX) an optional illustrative 
                                list of projects containing investments 
                                that--
                                            ``(aa) are not included in 
                                        the statewide transportation 
                                        plan; but
                                            ``(bb) would be so included 
                                        if resources in addition to the 
                                        resources identified in the 
                                        financial plan under paragraph 
                                        (2) were available;
                                    ``(X) a discussion (developed in 
                                consultation with Federal, State, and 
                                tribal wildlife, land management, and 
                                regulatory agencies) of types of 
                                potential environmental and stormwater 
                                mitigation activities and potential 
                                areas to carry out those activities, 
                                including activities that may have the 
                                greatest potential to restore and 
                                maintain the environmental functions 
                                affected by the statewide 
                                transportation plan; and
                                    ``(XI) recommended strategies and 
                                investments, including those developed 
                                by the State as part of interstate 
                                compacts, agreements, or organizations, 
                                that support intercity transportation; 
                                and
                            ``(iii) be updated by the State not less 
                        frequently than once every 5 years.
            ``(2) Financial plan.--A financial plan referred to in 
        paragraph (1)(D)(ii)(VII) shall--
                    ``(A) be prepared by each State to support the 
                statewide transportation plan; and
                    ``(B) contain a description of the following:
                            ``(i) Projected resource requirements 
                        during the 20-year planning horizon for 
                        implementing projects, strategies, and services 
                        recommended in the statewide transportation 
                        plan, including existing and projected system 
                        operating and maintenance needs, proposed 
                        enhancement and expansions to the system, 
                        projected available revenue from Federal, 
                        State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the State, any 
                        public transportation agency, and relevant 
                        metropolitan planning organizations, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        statewide transportation plan.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
                            ``(v) For the outer years period of the 
                        statewide transportation plan, a description of 
                        the aggregate cost ranges or bands, subject to 
                        the condition that any future funding source 
                        shall be reasonably expected to be available to 
                        support the projected cost ranges or bands.
            ``(3) Coordination with clean air act agencies.--For any 
        nonmetropolitan area that is a nonattainment area or 
        maintenance area, the State shall coordinate the development of 
        the statewide transportation plan with the process for 
        development of the transportation control measures of the State 
        implementation plan required by the Clean Air Act (42 U.S.C. 
        7401 et seq.).
            ``(4) Publication.--A statewide transportation plan 
        involving Federal and non-Federal participation programs, 
        projects, and strategies shall be published or otherwise made 
        readily available by the State for public review, including (to 
        the maximum extent practicable) in electronically accessible 
        formats and means, such as the Internet, in such manner as the 
        Secretary shall require.
            ``(5) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2), a State shall not be required to 
        select any project from the illustrative list of additional 
        projects included in the statewide transportation plan under 
        paragraph (1)(D)(ii)(IX).
            ``(6) Use of policy plans.--Notwithstanding any other 
        provision of this section, a State that has in effect, as of 
        the date of enactment of the Federal Public Transportation Act 
        of 2012, a statewide transportation plan that follows a policy 
        plan approach--
                    ``(A) may, for 4 years after the date of enactment 
                of the Federal Public Transportation Act of 2012, 
                continue to use a policy plan approach to the statewide 
                transportation plan; and
                    ``(B) shall be subject to the requirements of this 
                subsection only to the extent that such requirements 
                were applicable under this section (as in effect on the 
                day before the date of enactment of the Federal Public 
                Transportation Act of 2012).
    ``(g) Statewide Transportation Improvement Programs.--
            ``(1) Development.--
                    ``(A) In general.--In consultation with 
                nonmetropolitan officials with responsibility for 
                transportation and affected public transportation 
                operators, the State shall develop a statewide 
                transportation improvement program for the State that--
                            ``(i) includes projects consistent with the 
                        statewide transportation plan;
                            ``(ii) reflects the investment priorities 
                        established in the statewide transportation 
                        plan; and
                            ``(iii) once implemented, makes significant 
                        progress toward achieving the performance 
                        targets described in subsection (d)(2).
                    ``(B) Opportunity for participation.--In developing 
                a statewide transportation improvement program, the 
                State, in cooperation with affected public 
                transportation operators, shall provide an opportunity 
                for participation by interested parties (including 
                State representatives of nonmotorized users) in the 
                development of the statewide transportation improvement 
                program, in accordance with subsection (e).
                    ``(C) Other requirements.--
                            ``(i) In general.--A statewide 
                        transportation improvement program shall--
                                    ``(I) cover a period of not less 
                                than 4 years; and
                                    ``(II) be updated not less 
                                frequently than once every 4 years, or 
                                more frequently, as the Governor 
                                determines to be appropriate.
                            ``(ii) Incorporation of tips.--A statewide 
                        transportation improvement program shall 
                        incorporate any relevant transportation 
                        improvement program developed by a metropolitan 
                        planning organization under section 5303, 
                        without change.
                            ``(iii) Projects.--Each project included in 
                        a statewide transportation improvement program 
                        shall be--
                                    ``(I) consistent with the statewide 
                                transportation plan developed under 
                                this section for the State;
                                    ``(II) identical to a project or 
                                phase of a project described in a 
                                relevant transportation improvement 
                                program; and
                                    ``(III) for any project located in 
                                a nonattainment area or maintenance 
                                area, carried out in accordance with 
                                the applicable State air quality 
                                implementation plan developed under the 
                                Clean Air Act (42 U.S.C. 7401 et seq.).
            ``(2) Contents.--
                    ``(A) Priority list.--A statewide transportation 
                improvement program shall include a priority list of 
                proposed federally supported projects and strategies, 
                to be carried out during the 4-year period beginning on 
                the date of adoption of the statewide transportation 
                improvement program, and during each 4-year period 
                thereafter, using existing and reasonably available 
                revenues in accordance with the financial plan under 
                paragraph (3).
                    ``(B) Descriptions.--Each project or phase of a 
                project included in a statewide transportation 
                improvement program shall include sufficient 
                descriptive material (such as type of work, termini, 
                length, estimated completion date, and other similar 
                factors) to identify--
                            ``(i) the project or project phase; and
                            ``(ii) the effect that the project or 
                        project phase will have in addressing the 
                        performance targets described in subsection 
                        (d)(2).
                    ``(C) Performance target achievement.--A statewide 
                transportation improvement program shall include, to 
                the maximum extent practicable, a discussion of the 
                anticipated effect of the statewide transportation 
                improvement program toward achieving the performance 
                targets established in the statewide transportation 
                plan, linking investment priorities to those 
                performance targets.
                    ``(D) Illustrative list of projects.--An optional 
                illustrative list of projects may be prepared 
                containing additional investment priorities that--
                            ``(i) are not included in the statewide 
                        transportation improvement program; but
                            ``(ii) would be so included if resources in 
                        addition to the resources identified in the 
                        financial plan under paragraph (3) were 
                        available.
            ``(3) Financial plan.--A financial plan referred to in 
        paragraph (2)(D)(ii) shall--
                    ``(A) be prepared by each State to support the 
                statewide transportation improvement program; and
                    ``(B) contain a description of the following:
                            ``(i) Projected resource requirements for 
                        implementing projects, strategies, and services 
                        recommended in the statewide transportation 
                        improvement program, including existing and 
                        projected system operating and maintenance 
                        needs, proposed enhancement and expansions to 
                        the system, projected available revenue from 
                        Federal, State, local, and private sources, and 
                        innovative financing techniques to finance 
                        projects and programs.
                            ``(ii) The projected difference between 
                        costs and revenues, and strategies for securing 
                        additional new revenue (such as by capture of 
                        some of the economic value created by any new 
                        investment).
                            ``(iii) Estimates of future funds, to be 
                        developed cooperatively by the State and 
                        relevant metropolitan planning organizations 
                        and public transportation agencies, that are 
                        reasonably expected to be available to support 
                        the investment priorities recommended in the 
                        statewide transportation improvement program.
                            ``(iv) Each applicable project, only if 
                        full funding can reasonably be anticipated to 
                        be available for the project within the time 
                        period contemplated for completion of the 
                        project.
            ``(4) Included projects.--
                    ``(A) Projects under this chapter and title 23.--A 
                statewide transportation improvement program developed 
                under this subsection for a State shall include the 
                projects within the State that are proposed for funding 
                under this chapter and chapter 1 of title 23.
                    ``(B) Projects under this chapter and chapter 2.--
                            ``(i) Regionally significant.--Each 
                        regionally significant project proposed for 
                        funding under this chapter and chapter 2 of 
                        title 23 shall be identified individually in 
                        the statewide transportation improvement 
                        program.
                            ``(ii) Nonregionally significant.--A 
                        description of each project proposed for 
                        funding under this chapter and chapter 2 of 
                        title 23 that is not determined to be 
                        regionally significant shall be contained in 1 
                        line item or identified individually in the 
                        statewide transportation improvement program.
            ``(5) Publication.--
                    ``(A) In general.--A statewide transportation 
                improvement program shall be published or otherwise 
                made readily available by the State for public review 
                in electronically accessible formats and means, such as 
                the Internet.
                    ``(B) Annual list of projects.--An annual list of 
                projects, including investments in pedestrian walkways, 
                bicycle transportation facilities, and intermodal 
                facilities that support intercity transportation, for 
                which Federal funds have been obligated during the 
                preceding fiscal year shall be published or otherwise 
                made available by the cooperative effort of the State, 
                public transportation operator, and relevant 
                metropolitan planning organizations in electronically 
                accessible formats and means, such as the Internet, in 
                a manner that is consistent with the categories 
                identified in the relevant statewide transportation 
                improvement program.
            ``(6) Project selection for urbanized areas with 
        populations of fewer than 200,000 not represented by designated 
        mpos.--Projects carried out in urbanized areas with populations 
        of fewer than 200,000 individuals, as calculated according to 
        the most recent decennial census, and that are not represented 
        by designated metropolitan planning organizations, shall be 
        selected from the approved statewide transportation improvement 
        program (including projects carried out under this chapter and 
        projects carried out on the National Highway System) by the 
        State, in cooperation with the affected nonmetropolitan 
        planning organization, if any exists, and in consultation with 
        the affected nonmetropolitan area local officials with 
        responsibility for transportation.
            ``(7) Approval by secretary.--
                    ``(A) In general.--Not less frequently than once 
                every 4 years, a statewide transportation improvement 
                program developed under this subsection shall be 
                reviewed and approved by the Secretary, based on the 
                current planning finding of the Secretary under 
                subparagraph (B).
                    ``(B) Planning finding.--The Secretary shall make a 
                planning finding referred to in subparagraph (A) not 
                less frequently than once every 5 years regarding 
                whether the transportation planning process through 
                which statewide transportation plans and statewide 
                transportation improvement programs are developed is 
                consistent with this section and section 5303.
            ``(8) Modifications to project priority.--Notwithstanding 
        any other provision of law, approval by the Secretary shall not 
        be required to carry out a project included in an approved 
        statewide transportation improvement program in place of 
        another project in the statewide transportation improvement 
        program.
    ``(h) Certification.--
            ``(1) In general.--The Secretary shall--
                    ``(A) ensure that the statewide transportation 
                planning process of a State is being carried out in 
                accordance with this section and applicable Federal law 
                (including rules and regulations); and
                    ``(B) subject to paragraph (2), certify, not later 
                than 180 days after the date of enactment of the 
                Federal Public Transportation Act of 2012 and not less 
                frequently than once every 5 years thereafter, that the 
                requirements of subparagraph (A) are met with respect 
                to the statewide transportation planning process.
            ``(2) Requirements for certification.--The Secretary may 
        make a certification under paragraph (1)(B) if--
                    ``(A) the statewide transportation planning process 
                complies with the requirements of this section and 
                other applicable Federal law; and
                    ``(B) a statewide transportation improvement 
                program for the State has been approved by the Governor 
                of the State.
            ``(3) Effect of failure to certify.--
                    ``(A) Withholding of project funds.--If a statewide 
                transportation planning process of a State is not 
                certified under paragraph (1), the Secretary may 
                withhold up to 20 percent of the funds attributable to 
                the State for projects funded under this chapter and 
                title 23.
                    ``(B) Restoration of withheld funds.--Any funds 
                withheld under subparagraph (A) shall be restored to 
                the State on the date of certification of the statewide 
                transportation planning process by the Secretary.
            ``(4) Public involvement.--In making a determination 
        regarding certification under this subsection, the Secretary 
        shall provide for public involvement appropriate to the State 
        under review.
    ``(i) Performance-based Planning Processes Evaluation.--
            ``(1) In general.--The Secretary shall establish criteria 
        to evaluate the effectiveness of the performance-based planning 
        processes of States, taking into consideration the following:
                    ``(A) The extent to which the State has achieved, 
                or is currently making substantial progress toward 
                achieving, the performance targets described in 
                subsection (d)(2), taking into account whether the 
                State developed meaningful performance targets.
                    ``(B) The extent to which the State has used proven 
                best practices that help ensure transportation 
                investment that is efficient and cost-effective.
                    ``(C) The extent to which the State--
                            ``(i) has developed an investment process 
                        that relies on public input and awareness to 
                        ensure that investments are transparent and 
                        accountable; and
                            ``(ii) provides regular reports allowing 
                        the public to access the information being 
                        collected in a format that allows the public to 
                        meaningfully assess the performance of the 
                        State.
            ``(2) Report.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of the Federal Public Transportation 
                Act of 2012, the Secretary shall submit to Congress a 
                report evaluating--
                            ``(i) the overall effectiveness of 
                        performance-based planning as a tool for 
                        guiding transportation investments; and
                            ``(ii) the effectiveness of the 
                        performance-based planning process of each 
                        State.
                    ``(B) Publication.--The report under subparagraph 
                (A) shall be published or otherwise made available in 
                electronically accessible formats and means, including 
                on the Internet.
    ``(j) Funding.--Funds apportioned under section 104(b)(6) of title 
23 and set aside under section 5305(g) shall be available to carry out 
this section.
    ``(k) Continuation of Current Review Practice.--
            ``(1) In general.--In consideration of the factors 
        described in paragraph (2), any decision by the Secretary 
        concerning a statewide transportation plan or statewide 
        transportation improvement program shall not be considered to 
        be a Federal action subject to review under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(2) Description of factors.--The factors referred to in 
        paragraph (1) are that--
                    ``(A) statewide transportation plans and statewide 
                transportation improvement programs are subject to a 
                reasonable opportunity for public comment;
                    ``(B) the projects included in statewide 
                transportation plans and statewide transportation 
                improvement programs are subject to review under the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.); and
                    ``(C) decisions by the Secretary concerning 
                statewide transportation plans and statewide 
                transportation improvement programs have not been 
                reviewed under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) as of January 1, 1997.
    ``(l) Schedule for Implementation.--The Secretary shall issue 
guidance on a schedule for implementation of the changes made by this 
section, taking into consideration the established planning update 
cycle for States. The Secretary shall not require a State to deviate 
from its established planning update cycle to implement changes made by 
this section. States shall reflect changes made to their transportation 
plan or transportation improvement program updates not later than 2 
years after the date of issuance of guidance by the Secretary under 
this subsection.''.

SEC. 20007. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.

    (a) In General.--Section 5306 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5306. Public transportation emergency relief program
    ``(a) Definition.--In this section the following definitions shall 
apply:
            ``(1) Eligible operating costs.--The term `eligible 
        operating costs' means costs relating to--
                    ``(A) evacuation services;
                    ``(B) rescue operations;
                    ``(C) temporary public transportation service; or
                    ``(D) reestablishing, expanding, or relocating 
                public transportation route service before, during, or 
                after an emergency.
            ``(2) Emergency.--The term `emergency' means a natural 
        disaster affecting a wide area (such as a flood, hurricane, 
        tidal wave, earthquake, severe storm, or landslide) or a 
        catastrophic failure from any external cause, as a result of 
        which--
                    ``(A) the Governor of a State has declared an 
                emergency and the Secretary has concurred; or
                    ``(B) the President has declared a major disaster 
                under section 401 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5170).
    ``(b) General Authority.--The Secretary may make grants and enter 
into contracts and other agreements (including agreements with 
departments, agencies, and instrumentalities of the Government) for--
            ``(1) capital projects to protect, repair, reconstruct, or 
        replace equipment and facilities of a public transportation 
        system operating in the United States or on an Indian 
        reservation that the Secretary determines is in danger of 
        suffering serious damage, or has suffered serious damage, as a 
        result of an emergency; and
            ``(2) eligible operating costs of public transportation 
        equipment and facilities in an area directly affected by an 
        emergency during--
                    ``(A) the 1-year period beginning on the date of a 
                declaration described in subsection (a)(2); or
                    ``(B) if the Secretary determines there is a 
                compelling need, the 2-year period beginning on the 
                date of a declaration described in subsection (a)(2).
    ``(c) Coordination of Emergency Funds.--
            ``(1) Use of funds.--Funds appropriated to carry out this 
        section shall be in addition to any other funds available under 
        this chapter.
            ``(2) No effect on other government activity.--The 
        provision of funds under this section shall not affect the 
        ability of any other agency of the Government, including the 
        Federal Emergency Management Agency, or a State agency, a local 
        governmental entity, organization, or person, to provide any 
        other funds otherwise authorized by law.
            ``(3) Notification.--The Secretary shall notify the 
        Secretary of Homeland Security of the purpose and amount of any 
        grant made or contract or other agreement entered into under 
        this section.
    ``(d) Grant Requirements.--A grant awarded under this section or 
under section 5307 or 5311 that is made to address an emergency defined 
under subsection (a)(2) shall be--
            ``(1) subject to the terms and conditions the Secretary 
        determines are necessary; and
            ``(2) made only for expenses that are not reimbursed under 
        the Robert T. Stafford Disaster Relief and Emergency Assistance 
        Act (42 U.S.C. 5121 et seq.).
    ``(e) Government Share of Costs.--
            ``(1) Capital projects and operating assistance.--A grant, 
        contract, or other agreement for a capital project or eligible 
        operating costs under this section shall be, at the option of 
        the recipient, for not more than 80 percent of the net project 
        cost, as determined by the Secretary.
            ``(2) Non-federal share.--The remainder of the net project 
        cost may be provided from an undistributed cash surplus, a 
        replacement or depreciation cash fund or reserve, or new 
        capital.
            ``(3) Waiver.--The Secretary may waive, in whole or part, 
        the non-Federal share required under--
                    ``(A) paragraph (2); or
                    ``(B) section 5307 or 5311, in the case of a grant 
                made available under section 5307 or 5311, 
                respectively, to address an emergency.''.
    (b) Memorandum of Agreement.--
            (1) Purposes.--The purposes of this subsection are--
                    (A) to improve coordination between the Department 
                of Transportation and the Department of Homeland 
                Security; and
                    (B) to expedite the provision of Federal assistance 
                for public transportation systems for activities 
                relating to a major disaster or emergency declared by 
                the President under the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
                seq.) (referred to in this subsection as a ``major 
                disaster or emergency'').
            (2) Agreement.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation and the 
        Secretary of Homeland Security shall enter into a memorandum of 
        agreement to coordinate the roles and responsibilities of the 
        Department of Transportation and the Department of Homeland 
        Security in providing assistance for public transportation, 
        including the provision of public transportation services and 
        the repair and restoration of public transportation systems in 
        areas for which the President has declared a major disaster or 
        emergency.
            (3) Contents of agreement.--The memorandum of agreement 
        required under paragraph (2) shall--
                    (A) provide for improved coordination and 
                expeditious use of public transportation, as 
                appropriate, in response to and recovery from a major 
                disaster or emergency;
                    (B) establish procedures to address--
                            (i) issues that have contributed to delays 
                        in the reimbursement of eligible 
                        transportation-related expenses relating to a 
                        major disaster or emergency;
                            (ii) any challenges identified in the 
                        review under paragraph (4); and
                            (iii) the coordination of assistance for 
                        public transportation provided under the Robert 
                        T. Stafford Disaster Relief and Emergency 
                        Assistance Act and section 5306 of title 49, 
                        United States Code, as amended by this Act, as 
                        appropriate; and
                    (C) provide for the development and distribution of 
                clear guidelines for State, local, and tribal 
                governments, including public transportation systems, 
                relating to--
                            (i) assistance available for public 
                        transportation systems for activities relating 
                        to a major disaster or emergency--
                                    (I) under the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act;
                                    (II) under section 5306 of title 
                                49, United States Code, as amended by 
                                this Act; and
                                    (III) from other sources, including 
                                other Federal agencies; and
                            (ii) reimbursement procedures that speed 
                        the process of--
                                    (I) applying for assistance under 
                                the Robert T. Stafford Disaster Relief 
                                and Emergency Assistance Act and 
                                section 5306 of title 49, United States 
                                Code, as amended by this Act; and
                                    (II) distributing assistance for 
                                public transportation systems under the 
                                Robert T. Stafford Disaster Relief and 
                                Emergency Assistance Act and section 
                                5306 of title 49, United States Code, 
                                as amended by this Act.
            (4) After action review.--Before entering into a memorandum 
        of agreement under paragraph (2), the Secretary of 
        Transportation and the Secretary of Homeland Security (acting 
        through the Administrator of the Federal Emergency Management 
        Agency), in consultation with State, local, and tribal 
        governments (including public transportation systems) that have 
        experienced a major disaster or emergency, shall review after 
        action reports relating to major disasters, emergencies, and 
        exercises, to identify areas where coordination between the 
        Department of Transportation and the Department of Homeland 
        Security and the provision of public transportation services 
        should be improved.
            (5) Factors for declarations of major disasters and 
        emergencies.--The Administrator of the Federal Emergency 
        Management Agency shall make available to State, local, and 
        tribal governments, including public transportation systems, a 
        description of the factors that the President considers in 
        declaring a major disaster or emergency, including any pre-
        disaster emergency declaration policies.
            (6) Briefings.--
                    (A) Initial briefing.--Not later than 180 days 
                after the date of enactment of this Act, the Secretary 
                of Transportation and the Secretary of Homeland 
                Security shall jointly brief the Committee on Banking, 
                Housing, and Urban Affairs and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate on the memorandum of agreement required under 
                paragraph (2).
                    (B) Quarterly briefings.--Each quarter of the 1-
                year period beginning on the date on which the 
                Secretary of Transportation and the Secretary of 
                Homeland Security enter into the memorandum of 
                agreement required under paragraph (2), the Secretary 
                of Transportation and the Secretary of Homeland 
                Security shall jointly brief the Committee on Banking, 
                Housing, and Urban Affairs and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate on the implementation of the memorandum of 
                agreement.

SEC. 20008. URBANIZED AREA FORMULA GRANTS.

    Section 5307 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5307. Urbanized area formula grants
    ``(a) General Authority.--
            ``(1) Grants.--The Secretary may make grants under this 
        section for--
                    ``(A) capital projects;
                    ``(B) planning; and
                    ``(C) operating costs of equipment and facilities 
                for use in public transportation in an urbanized area 
                with a population of fewer than 200,000 individuals, as 
                determined by the Bureau of the Census.
            ``(2) Special rule.--The Secretary may make grants under 
        this section to finance the operating cost of equipment and 
        facilities for use in public transportation, excluding rail 
        fixed guideway, in an urbanized area with a population of not 
        fewer than 200,000 individuals, as determined by the Bureau of 
        the Census--
                    ``(A) for public transportation systems that 
                operate 75 or fewer buses during peak service hours, in 
                an amount not to exceed 75 percent of the share of the 
                apportionment which is attributable to such systems 
                within the urbanized area, as measured by vehicle 
                revenue hours; and
                    ``(B) for public transportation systems that 
                operate a minimum of 76 buses and a maximum of 100 
                buses during peak service hours, in an amount not to 
                exceed 50 percent of the share of the apportionment 
                which is attributable to such systems within the 
                urbanized area, as measured by vehicle revenue hours.
            ``(3) Temporary and targeted assistance.--
                    ``(A) Eligibility.--The Secretary may make a grant 
                under this section to finance the operating cost of 
                equipment and facilities to a recipient for use in 
                public transportation in an area that the Secretary 
                determines has--
                            ``(i) a population of not fewer than 
                        200,000 individuals, as determined by the 
                        Bureau of the Census; and
                            ``(ii) a 3-month unemployment rate, as 
                        reported by the Bureau of Labor Statistics, 
                        that is--
                                    ``(I) greater than 7 percent; and
                                    ``(II) at least 2 percentage points 
                                greater than the lowest 3-month 
                                unemployment rate for the area during 
                                the 5-year period preceding the date of 
                                the determination.
                    ``(B) Award of grant.--
                            ``(i) In general.--Except as otherwise 
                        provided in this subparagraph, the Secretary 
                        may make a grant under this section for not 
                        more than 2 consecutive fiscal years.
                            ``(ii) Additional year.--If, at the end of 
                        the second fiscal year following the date on 
                        which the Secretary makes a determination under 
                        subparagraph (A) with respect to an area, the 
                        Secretary determines that the 3-month 
                        unemployment rate for the area is at least 2 
                        percentage points greater than the unemployment 
                        rate for the area at the time the Secretary 
                        made the determination under subparagraph (A), 
                        the Secretary may make a grant to a recipient 
                        in the area for 1 additional consecutive fiscal 
                        year.
                            ``(iii) Exclusion period.--Beginning on the 
                        last day of the last consecutive fiscal year 
                        for which a recipient receives a grant under 
                        this paragraph, the Secretary may not make a 
                        subsequent grant under this paragraph to the 
                        recipient for a number of fiscal years equal to 
                        the number of consecutive fiscal years in which 
                        the recipient received a grant under this 
                        paragraph.
                    ``(C) Limitation.--
                            ``(i) First fiscal year.--For the first 
                        fiscal year following the date on which the 
                        Secretary makes a determination under 
                        subparagraph (A) with respect to an area, not 
                        more than 25 percent of the amount apportioned 
                        to a designated recipient under section 5336 
                        for the fiscal year shall be available for 
                        operating assistance for the area.
                            ``(ii) Second and third fiscal years.--For 
                        the second and third fiscal years following the 
                        date on which the Secretary makes a 
                        determination under subparagraph (A) with 
                        respect to an area, not more than 20 percent of 
                        the amount apportioned to a designated 
                        recipient under section 5336 for the fiscal 
                        year shall be available for operating 
                        assistance for the area.
                    ``(D) Period of availability for operating 
                assistance.--Operating assistance awarded under this 
                paragraph shall be available for expenditure to a 
                recipient in an area until the end of the second fiscal 
                year following the date on which the Secretary makes a 
                determination under subparagraph (A) with respect to 
                the area, after which time any unexpended funds shall 
                be available to the recipient for other eligible 
                activities under this section.
                    ``(E) Certification.--The Secretary may make a 
                grant for operating assistance under this paragraph for 
                a fiscal year only if the recipient certifies that--
                            ``(i) the recipient will maintain public 
                        transportation service levels at or above the 
                        current service level, which shall be 
                        demonstrated by providing an equal or greater 
                        number of vehicle hours of service in the 
                        fiscal year than the number of vehicle hours of 
                        service provided in the preceding fiscal year;
                            ``(ii) any non-Federal entity that provides 
                        funding to the recipient, including a State or 
                        local governmental entity, will maintain the 
                        tax rate or rate of allocations dedicated to 
                        public transportation at or above the rate for 
                        the preceding fiscal year;
                            ``(iii) the recipient has allocated the 
                        maximum amount of funding under this section 
                        for preventive maintenance costs eligible as a 
                        capital expense necessary to maintain the level 
                        and quality of service provided in the 
                        preceding fiscal year; and
                            ``(iv) the recipient will not use funding 
                        under this section for new capital assets 
                        except as necessary for the existing system to 
                        maintain or achieve a state of good repair, 
                        assure safety, or replace obsolete technology.
    ``(b) Access to Jobs Projects.--
            ``(1) In general.--A designated recipient shall expend not 
        less than 3 percent of the amount apportioned to the designated 
        recipient under section 5336 or an amount equal to the amount 
        apportioned to the designated recipient in fiscal year 2011 to 
        carry out section 5316 (as in effect for fiscal year 2011), 
        whichever is less, to carry out a program to develop and 
        maintain job access projects. Eligible projects may include--
                    ``(A) a project relating to the development and 
                maintenance of public transportation services designed 
                to transport eligible low-income individuals to and 
                from jobs and activities related to their employment, 
                including--
                            ``(i) a public transportation project to 
                        finance planning, capital, and operating costs 
                        of providing access to jobs under this chapter;
                            ``(ii) promoting public transportation by 
                        low-income workers, including the use of public 
                        transportation by workers with nontraditional 
                        work schedules;
                            ``(iii) promoting the use of public 
                        transportation vouchers for welfare recipients 
                        and eligible low-income individuals; and
                            ``(iv) promoting the use of employer-
                        provided transportation, including the transit 
                        pass benefit program under section 132 of the 
                        Internal Revenue Code of 1986; and
                    ``(B) a transportation project designed to support 
                the use of public transportation including--
                            ``(i) enhancements to existing public 
                        transportation service for workers with non-
                        traditional hours or reverse commutes;
                            ``(ii) guaranteed ride home programs;
                            ``(iii) bicycle storage facilities; and
                            ``(iv) projects that otherwise facilitate 
                        the provision of public transportation services 
                        to employment opportunities.
            ``(2) Project selection and plan development.--Each grant 
        recipient under this subsection shall certify that--
                    ``(A) the projects selected were included in a 
                locally developed, coordinated public transit-human 
                services transportation plan;
                    ``(B) the plan was developed and approved through a 
                process that included individuals with low incomes, 
                representatives of public, private, and nonprofit 
                transportation and human services providers, and 
                participation by the public;
                    ``(C) services funded under this subsection are 
                coordinated with transportation services funded by 
                other Federal departments and agencies to the maximum 
                extent feasible; and
                    ``(D) allocations of the grant to subrecipients, if 
                any, are distributed on a fair and equitable basis.
            ``(3) Competitive process for grants to subrecipients.--
                    ``(A) Areawide solicitations.--A recipient of funds 
                apportioned under this subsection may conduct, in 
                cooperation with the appropriate metropolitan planning 
                organization, an areawide solicitation for applications 
                for grants to the recipient and subrecipients under 
                this subsection.
                    ``(B) Application.--If the recipient elects to 
                engage in a competitive process, recipients and 
                subrecipients seeking to receive a grant from 
                apportioned funds shall submit to the recipient an 
                application in the form and in accordance with such 
                requirements as the recipient shall establish.
    ``(c) Program of Projects.--Each recipient of a grant shall--
            ``(1) make available to the public information on amounts 
        available to the recipient under this section;
            ``(2) develop, in consultation with interested parties, 
        including private transportation providers, a proposed program 
        of projects for activities to be financed;
            ``(3) publish a proposed program of projects in a way that 
        affected individuals, private transportation providers, and 
        local elected officials have the opportunity to examine the 
        proposed program and submit comments on the proposed program 
        and the performance of the recipient;
            ``(4) provide an opportunity for a public hearing in which 
        to obtain the views of individuals on the proposed program of 
        projects;
            ``(5) ensure that the proposed program of projects provides 
        for the coordination of public transportation services assisted 
        under section 5336 of this title with transportation services 
        assisted from other United States Government sources;
            ``(6) consider comments and views received, especially 
        those of private transportation providers, in preparing the 
        final program of projects; and
            ``(7) make the final program of projects available to the 
        public.
    ``(d) Grant Recipient Requirements.--A recipient may receive a 
grant in a fiscal year only if--
            ``(1) the recipient, within the time the Secretary 
        prescribes, submits a final program of projects prepared under 
        subsection (c) of this section and a certification for that 
        fiscal year that the recipient (including a person receiving 
        amounts from a Governor under this section)--
                    ``(A) has or will have the legal, financial, and 
                technical capacity to carry out the program, including 
                safety and security aspects of the program;
                    ``(B) has or will have satisfactory continuing 
                control over the use of equipment and facilities;
                    ``(C) will maintain equipment and facilities;
                    ``(D) will ensure that, during non-peak hours for 
                transportation using or involving a facility or 
                equipment of a project financed under this section, a 
                fare that is not more than 50 percent of the peak hour 
                fare will be charged for any--
                            ``(i) senior;
                            ``(ii) individual who, because of illness, 
                        injury, age, congenital malfunction, or other 
                        incapacity or temporary or permanent disability 
                        (including an individual who is a wheelchair 
                        user or has semiambulatory capability), cannot 
                        use a public transportation service or a public 
                        transportation facility effectively without 
                        special facilities, planning, or design; and
                            ``(iii) individual presenting a Medicare 
                        card issued to that individual under title II 
                        or XVIII of the Social Security Act (42 U.S.C. 
                        401 et seq. and 1395 et seq.);
                    ``(E) in carrying out a procurement under this 
                section, will comply with sections 5323 and 5325;
                    ``(F) has complied with subsection (c) of this 
                section;
                    ``(G) has available and will provide the required 
                amounts as provided by subsection (e) of this section;
                    ``(H) will comply with sections 5303 and 5304;
                    ``(I) has a locally developed process to solicit 
                and consider public comment before raising a fare or 
                carrying out a major reduction of transportation;
                    ``(J)(i) will expend for each fiscal year for 
                public transportation security projects, including 
                increased lighting in or adjacent to a public 
                transportation system (including bus stops, subway 
                stations, parking lots, and garages), increased camera 
                surveillance of an area in or adjacent to that system, 
                providing an emergency telephone line to contact law 
                enforcement or security personnel in an area in or 
                adjacent to that system, and any other project intended 
                to increase the security and safety of an existing or 
                planned public transportation system, at least 1 
                percent of the amount the recipient receives for each 
                fiscal year under section 5336 of this title; or
                    ``(ii) has decided that the expenditure for 
                security projects is not necessary;
                    ``(K) in the case of a recipient for an urbanized 
                area with a population of not fewer than 200,000 
                individuals, as determined by the Bureau of the 
                Census--
                            ``(i) will expend not less than 1 percent 
                        of the amount the recipient receives each 
                        fiscal year under this section for associated 
                        transit improvements, as defined in section 
                        5302; and
                            ``(ii) will submit an annual report listing 
                        projects carried out in the preceding fiscal 
                        year with those funds; and
                    ``(L) will comply with section 5329(d); and
            ``(2) the Secretary accepts the certification.
    ``(e) Government Share of Costs.--
            ``(1) Capital projects.--A grant for a capital project 
        under this section shall be for 80 percent of the net project 
        cost of the project. The recipient may provide additional local 
        matching amounts.
            ``(2) Operating expenses.--A grant for operating expenses 
        under this section may not exceed 50 percent of the net project 
        cost of the project.
            ``(3) Remaining costs.--Subject to paragraph (4), the 
        remainder of the net project costs shall be provided--
                    ``(A) in cash from non-Government sources other 
                than revenues from providing public transportation 
                services;
                    ``(B) from revenues from the sale of advertising 
                and concessions;
                    ``(C) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or reserve, or 
                new capital;
                    ``(D) from amounts appropriated or otherwise made 
                available to a department or agency of the Government 
                (other than the Department of Transportation) that are 
                eligible to be expended for transportation; and
                    ``(E) from amounts received under a service 
                agreement with a State or local social service agency 
                or private social service organization.
            ``(4) Use of certain funds.--For purposes of subparagraphs 
        (D) and (E) of paragraph (3), the prohibitions on the use of 
        funds for matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall 
        not apply to Federal or State funds to be used for 
        transportation purposes.
    ``(f) Undertaking Projects in Advance.--
            ``(1) Payment.--The Secretary may pay the Government share 
        of the net project cost to a State or local governmental 
        authority that carries out any part of a project eligible under 
        subparagraph (A) or (B) of subsection (a)(1) without the aid of 
        amounts of the Government and according to all applicable 
        procedures and requirements if--
                    ``(A) the recipient applies for the payment;
                    ``(B) the Secretary approves the payment; and
                    ``(C) before carrying out any part of the project, 
                the Secretary approves the plans and specifications for 
                the part in the same way as for other projects under 
                this section.
            ``(2) Approval of application.--The Secretary may approve 
        an application under paragraph (1) of this subsection only if 
        an authorization for this section is in effect for the fiscal 
        year to which the application applies. The Secretary may not 
        approve an application if the payment will be more than--
                    ``(A) the recipient's expected apportionment under 
                section 5336 of this title if the total amount 
                authorized to be appropriated for the fiscal year to 
                carry out this section is appropriated; less
                    ``(B) the maximum amount of the apportionment that 
                may be made available for projects for operating 
                expenses under this section.
            ``(3) Financing costs.--
                    ``(A) In general.--The cost of carrying out part of 
                a project includes the amount of interest earned and 
                payable on bonds issued by the recipient to the extent 
                proceeds of the bonds are expended in carrying out the 
                part.
                    ``(B) Limitation on the amount of interest.--The 
                amount of interest allowed under this paragraph may not 
                be more than the most favorable financing terms 
                reasonably available for the project at the time of 
                borrowing.
                    ``(C) Certification.--The applicant shall certify, 
                in a manner satisfactory to the Secretary, that the 
                applicant has shown reasonable diligence in seeking the 
                most favorable financing terms.
    ``(g) Reviews, Audits, and Evaluations.--
            ``(1) Annual review.--
                    ``(A) In general.--At least annually, the Secretary 
                shall carry out, or require a recipient to have carried 
                out independently, reviews and audits the Secretary 
                considers appropriate to establish whether the 
                recipient has carried out--
                            ``(i) the activities proposed under 
                        subsection (d) of this section in a timely and 
                        effective way and can continue to do so; and
                            ``(ii) those activities and its 
                        certifications and has used amounts of the 
                        Government in the way required by law.
                    ``(B) Auditing procedures.--An audit of the use of 
                amounts of the Government shall comply with the 
                auditing procedures of the Comptroller General.
            ``(2) Triennial review.--At least once every 3 years, the 
        Secretary shall review and evaluate completely the performance 
        of a recipient in carrying out the recipient's program, 
        specifically referring to compliance with statutory and 
        administrative requirements and the extent to which actual 
        program activities are consistent with the activities proposed 
        under subsection (d) of this section and the planning process 
        required under sections 5303, 5304, and 5305 of this title. To 
        the extent practicable, the Secretary shall coordinate such 
        reviews with any related State or local reviews.
            ``(3) Actions resulting from review, audit, or 
        evaluation.--The Secretary may take appropriate action 
        consistent with a review, audit, and evaluation under this 
        subsection, including making an appropriate adjustment in the 
        amount of a grant or withdrawing the grant.
    ``(h) Treatment.--For purposes of this section, the United States 
Virgin Islands shall be treated as an urbanized area, as defined in 
section 5302.
    ``(i) Passenger Ferry Grant Program.--
            ``(1) In general.--The Secretary may make grants under this 
        subsection to recipients for passenger ferry projects that are 
        eligible for a grant under subsection (a).
            ``(2) Grant requirements.--Except as otherwise provided in 
        this subsection, a grant under this subsection shall be subject 
        to the same terms and conditions as a grant under subsection 
        (a).
            ``(3) Competitive process.--The Secretary shall solicit 
        grant applications and make grants for eligible projects on a 
        competitive basis.
            ``(4) Geographically constrained areas.--Of the amounts 
        made available to carry out this subsection, $10,000,000 shall 
        be for capital grants relating to passenger ferries in areas 
        with limited or no access to public transportation as a result 
        of geographical constraints.''.

SEC. 20009. CLEAN FUEL GRANT PROGRAM.

    Section 5308 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5308. Clean fuel grant program
    ``(a) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Clean fuel bus.--The term `clean fuel bus' means a 
        bus that is a clean fuel vehicle.
            ``(2) Clean fuel vehicle.--The term `clean fuel vehicle' 
        means--
                    ``(A) a passenger vehicle used to provide public 
                transportation that the Administrator of the 
                Environmental Protection Agency has certified 
                sufficiently reduces energy consumption or reduces 
                harmful emissions, including direct carbon emissions, 
                when compared to a comparable standard vehicle; or
                    ``(B) a zero emission bus used to provide public 
                transportation.
            ``(3) Direct carbon emissions.--The term `direct carbon 
        emissions' means the quantity of direct greenhouse gas 
        emissions from a vehicle, as determined by the Administrator of 
        the Environmental Protection Agency.
            ``(4) Eligible area.--The term `eligible area' means an 
        area that is--
                    ``(A) designated as a nonattainment area for ozone 
                or carbon monoxide under section 107(d) of the Clean 
                Air Act (42 U.S.C. 7407(d)); or
                    ``(B) a maintenance area, as defined in section 
                5303, for ozone or carbon monoxide.
            ``(5) Eligible project.--The term `eligible project' means 
        a project or program of projects in an eligible area for--
                    ``(A) acquiring or leasing clean fuel vehicles;
                    ``(B) constructing or leasing facilities and 
                related equipment for clean fuel vehicles;
                    ``(C) constructing new public transportation 
                facilities to accommodate clean fuel vehicles; or
                    ``(D) rehabilitating or improving existing public 
                transportation facilities to accommodate clean fuel 
                vehicles.
            ``(6) Recipient.--The term `recipient' means--
                    ``(A) for an eligible area that is an urbanized 
                area with a population of fewer than 200,000 
                individuals, as determined by the Bureau of the Census, 
                the State in which the eligible area is located; and
                    ``(B) for an eligible area not described in 
                subparagraph (A), the designated recipient for the 
                eligible area.
            ``(7) Zero emission bus.--The term `zero emission bus' 
        means a clean fuel vehicle that produces no carbon or 
        particulate matter.
    ``(b) Authority.--The Secretary may make grants to recipients to 
finance eligible projects under this section.
    ``(c) Grant Requirements.--
            ``(1) In general.--A grant under this section shall be 
        subject to the requirements of section 5307.
            ``(2) Government share of costs for certain projects.--
        Section 5323(j) applies to projects carried out under this 
        section, unless the grant recipient requests a lower grant 
        percentage.
            ``(3) Combination of funding sources.--
                    ``(A) Combination permitted.--A project carried out 
                under this section may receive funding under section 
                5307, or any other provision of law.
                    ``(B) Government share.--Nothing in this paragraph 
                may be construed to alter the Government share required 
                under this section, section 5307, or any other 
                provision of law.
    ``(d) Minimum Amounts.--Of amounts made available by or 
appropriated under section 5338(a)(2)(D) in each fiscal year to carry 
out this section--
            ``(1) not less than 65 percent shall be made available to 
        fund eligible projects relating to clean fuel buses; and
            ``(2) not less than 10 percent shall be made available for 
        eligible projects relating to facilities and related equipment 
        for clean fuel buses.
    ``(e) Competitive Process.--The Secretary shall solicit grant 
applications and make grants for eligible projects on a competitive 
basis.
    ``(f) Priority Consideration.--In making grants under this section, 
the Secretary shall give priority to projects relating to clean fuel 
buses that make greater reductions in energy consumption and harmful 
emissions, including direct carbon emissions, than comparable standard 
buses or other clean fuel buses.
    ``(g) Availability of Funds.--Any amounts made available or 
appropriated to carry out this section--
            ``(1) shall remain available to an eligible project for 2 
        years after the fiscal year for which the amount is made 
        available or appropriated; and
            ``(2) that remain unobligated at the end of the period 
        described in paragraph (1) shall be added to the amount made 
        available to an eligible project in the following fiscal 
        year.''.

SEC. 20010. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

    (a) In General.--Section 5309 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5309. Fixed guideway capital investment grants
    ``(a) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Applicant.--The term `applicant' means a State or 
        local governmental authority that applies for a grant under 
        this section.
            ``(2) Bus rapid transit project.--The term `bus rapid 
        transit project' means a single route bus capital project--
                    ``(A) if--
                            ``(i) a majority of the project operates in 
                        a separated right-of-way dedicated for public 
                        transportation use during peak periods; or
                            ``(ii) a substantial portion of the project 
                        operates in a separated right-of-way that is 
                        semi-dedicated for public transportation use 
                        during peak periods and includes other physical 
                        elements that reduce public transportation 
                        vehicle travel time and increase service 
                        reliability;
                    ``(B) that represents a substantial investment in a 
                single route in a defined corridor or subarea; and
                    ``(C) that includes features that emulate the 
                services provided by rail fixed guideway public 
                transportation systems, including--
                            ``(i) defined stations;
                            ``(ii) traffic signal priority for public 
                        transportation vehicles;
                            ``(iii) short headway bidirectional 
                        services for a substantial part of weekdays and 
                        weekend days; and
                            ``(iv) any other features the Secretary may 
                        determine are necessary to produce high-quality 
                        public transportation services that emulate the 
                        services provided by rail fixed guideway public 
                        transportation systems.
            ``(3) Core capacity improvement project.--The term `core 
        capacity improvement project' means a substantial corridor-
        based capital investment in an existing fixed guideway system 
        that adds capacity and functionality.
            ``(4) New fixed guideway capital project.--The term `new 
        fixed guideway capital project' means--
                    ``(A) a new fixed guideway project that is a 
                minimum operable segment or extension to an existing 
                fixed guideway system; or
                    ``(B) a bus rapid transit project that is a minimum 
                operable segment or an extension to an existing bus 
                rapid transit system.
            ``(5) Program of interrelated projects.--The term `program 
        of interrelated projects' means the simultaneous development 
        of--
                    ``(A) 2 or more new fixed guideway capital projects 
                or core capacity improvement projects; or
                    ``(B) 1 or more new fixed guideway capital projects 
                and 1 or more core capacity improvement projects.
    ``(b) General Authority.--The Secretary may make grants under this 
section to State and local governmental authorities to assist in 
financing--
            ``(1) new fixed guideway capital projects, including the 
        acquisition of real property, the initial acquisition of 
        rolling stock for the system, the acquisition of rights-of-way, 
        and relocation, for fixed guideway corridor development for 
        projects in the advanced stages of project development or 
        engineering; and
            ``(2) core capacity improvement projects, including the 
        acquisition of real property, the acquisition of rights-of-way, 
        double tracking, signalization improvements, electrification, 
        expanding system platforms, acquisition of rolling stock, 
        construction of infill stations, and such other capacity 
        improvement projects as the Secretary determines are 
        appropriate.
    ``(c) Grant Requirements.--
            ``(1) In general.--The Secretary may make a grant under 
        this section for new fixed guideway capital projects or core 
        capacity improvement projects, if the Secretary determines 
        that--
                    ``(A) the project is part of an approved 
                transportation plan required under sections 5303 and 
                5304; and
                    ``(B) the applicant has, or will have--
                            ``(i) the legal, financial, and technical 
                        capacity to carry out the project, including 
                        the safety and security aspects of the project;
                            ``(ii) satisfactory continuing control over 
                        the use of the equipment or facilities; and
                            ``(iii) the technical and financial 
                        capacity to maintain new and existing equipment 
                        and facilities.
            ``(2) Certification.--An applicant that has submitted the 
        certifications required under subparagraphs (A), (B), (C), and 
        (H) of section 5307(d)(1) shall be deemed to have provided 
        sufficient information upon which the Secretary may make the 
        determinations required under this subsection.
            ``(3) Technical capacity.--The Secretary shall use an 
        expedited technical capacity review process for applicants that 
        have recently and successfully completed at least 1 new bus 
        rapid transit project, new fixed guideway capital project, or 
        core capacity improvement project, if--
                    ``(A) the applicant achieved budget, cost, and 
                ridership outcomes for the project that are consistent 
                with or better than projections; and
                    ``(B) the applicant demonstrates that the applicant 
                continues to have the staff expertise and other 
                resources necessary to implement a new project.
            ``(4) Recipient requirements.--A recipient of a grant 
        awarded under this section shall be subject to all terms, 
        conditions, requirements, and provisions that the Secretary 
        determines to be necessary or appropriate for purposes of this 
        section.
    ``(d) New Fixed Guideway Grants.--
            ``(1) Project development phase.--
                    ``(A) Entrance into project development phase.--A 
                new fixed guideway capital project shall enter into the 
                project development phase when--
                            ``(i) the applicant--
                                    ``(I) submits a letter to the 
                                Secretary describing the project and 
                                requesting entry into the project 
                                development phase; and
                                    ``(II) initiates activities 
                                required to be carried out under the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) with 
                                respect to the project; and
                            ``(ii) the Secretary responds in writing to 
                        the applicant within 45 days whether the 
                        information provided is sufficient to enter 
                        into the project development phase, including, 
                        when necessary, a detailed description of any 
                        information deemed insufficient.
                    ``(B) Activities during project development 
                phase.--Concurrent with the analysis required to be 
                made under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), each applicant shall 
                develop sufficient information to enable the Secretary 
                to make findings of project justification, policies and 
                land use patterns that promote public transportation, 
                and local financial commitment under this subsection.
                    ``(C) Completion of project development activities 
                required.--
                            ``(i) In general.--Not later than 2 years 
                        after the date on which a project enters into 
                        the project development phase, the applicant 
                        shall complete the activities required to 
                        obtain a project rating under subsection (g)(2) 
                        and submit completed documentation to the 
                        Secretary.
                            ``(ii) Extension of time.--Upon the request 
                        of an applicant, the Secretary may extend the 
                        time period under clause (i), if the applicant 
                        submits to the Secretary--
                                    ``(I) a reasonable plan for 
                                completing the activities required 
                                under this paragraph; and
                                    ``(II) an estimated time period 
                                within which the applicant will 
                                complete such activities.
            ``(2) Engineering phase.--
                    ``(A) In general.--A new fixed guideway capital 
                project may advance to the engineering phase upon 
                completion of activities required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), as demonstrated by a record of decision with 
                respect to the project, a finding that the project has 
                no significant impact, or a determination that the 
                project is categorically excluded, only if the 
                Secretary determines that the project--
                            ``(i) is selected as the locally preferred 
                        alternative at the completion of the process 
                        required under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                            ``(ii) is adopted into the metropolitan 
                        transportation plan required under section 
                        5303;
                            ``(iii) is justified based on a 
                        comprehensive review of the project's mobility 
                        improvements, environmental benefits, and cost-
                        effectiveness, as measured by cost per rider;
                            ``(iv) is supported by policies and land 
                        use patterns that promote public 
                        transportation, including plans for future land 
                        use and rezoning, and economic development 
                        around public transportation stations; and
                            ``(v) is supported by an acceptable degree 
                        of local financial commitment (including 
                        evidence of stable and dependable financing 
                        sources), as required under subsection (f).
                    ``(B) Determination that project is justified.--In 
                making a determination under subparagraph (A)(iii), the 
                Secretary shall evaluate, analyze, and consider--
                            ``(i) the reliability of the forecasting 
                        methods used to estimate costs and utilization 
                        made by the recipient and the contractors to 
                        the recipient; and
                            ``(ii) population density and current 
                        public transportation ridership in the 
                        transportation corridor.
    ``(e) Core Capacity Improvement Projects.--
            ``(1) Project development phase.--
                    ``(A) Entrance into project development phase.--A 
                core capacity improvement project shall be deemed to 
                have entered into the project development phase if--
                            ``(i) the applicant--
                                    ``(I) submits a letter to the 
                                Secretary describing the project and 
                                requesting entry into the project 
                                development phase; and
                                    ``(II) initiates activities 
                                required to be carried out under the 
                                National Environmental Policy Act of 
                                1969 (42 U.S.C. 4321 et seq.) with 
                                respect to the project; and
                            ``(ii) the Secretary responds in writing to 
                        the applicant within 45 days whether the 
                        information provided is sufficient to enter 
                        into the project development phase, including 
                        when necessary a detailed description of any 
                        information deemed insufficient.
                    ``(B) Activities during project development 
                phase.--Concurrent with the analysis required to be 
                made under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.), each applicant shall 
                develop sufficient information to enable the Secretary 
                to make findings of project justification and local 
                financial commitment under this subsection.
                    ``(C) Completion of project development activities 
                required.--
                            ``(i) In general.--Not later than 2 years 
                        after the date on which a project enters into 
                        the project development phase, the applicant 
                        shall complete the activities required to 
                        obtain a project rating under subsection (g)(2) 
                        and submit completed documentation to the 
                        Secretary.
                            ``(ii) Extension of time.--Upon the request 
                        of an applicant, the Secretary may extend the 
                        time period under clause (i), if the applicant 
                        submits to the Secretary--
                                    ``(I) a reasonable plan for 
                                completing the activities required 
                                under this paragraph; and
                                    ``(II) an estimated time period 
                                within which the applicant will 
                                complete such activities.
            ``(2) Engineering phase.--
                    ``(A) In general.--A core capacity improvement 
                project may advance into the engineering phase upon 
                completion of activities required under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), as demonstrated by a record of decision with 
                respect to the project, a finding that the project has 
                no significant impact, or a determination that the 
                project is categorically excluded, only if the 
                Secretary determines that the project--
                            ``(i) is selected as the locally preferred 
                        alternative at the completion of the process 
                        required under the National Environmental 
                        Policy Act of 1969;
                            ``(ii) is adopted into the metropolitan 
                        transportation plan required under section 
                        5303;
                            ``(iii) is in a corridor that is--
                                    ``(I) at or over capacity; or
                                    ``(II) projected to be at or over 
                                capacity within the next 5 years;
                            ``(iv) is justified based on a 
                        comprehensive review of the project's mobility 
                        improvements, environmental benefits, and cost-
                        effectiveness, as measured by cost per rider; 
                        and
                            ``(v) is supported by an acceptable degree 
                        of local financial commitment (including 
                        evidence of stable and dependable financing 
                        sources), as required under subsection (f).
                    ``(B) Determination that project is justified.--In 
                making a determination under subparagraph (A)(iv), the 
                Secretary shall evaluate, analyze, and consider--
                            ``(i) the reliability of the forecasting 
                        methods used to estimate costs and utilization 
                        made by the recipient and the contractors to 
                        the recipient;
                            ``(ii) whether the project will adequately 
                        address the capacity concerns in a corridor;
                            ``(iii) whether the project will improve 
                        interconnectivity among existing systems; and
                            ``(iv) whether the project will improve 
                        environmental outcomes.
    ``(f) Financing Sources.--
            ``(1) Requirements.--In determining whether a project is 
        supported by an acceptable degree of local financial commitment 
        and shows evidence of stable and dependable financing sources 
        for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the 
        Secretary shall require that--
                    ``(A) the proposed project plan provides for the 
                availability of contingency amounts that the Secretary 
                determines to be reasonable to cover unanticipated cost 
                increases or funding shortfalls;
                    ``(B) each proposed local source of capital and 
                operating financing is stable, reliable, and available 
                within the proposed project timetable; and
                    ``(C) local resources are available to 
                recapitalize, maintain, and operate the overall 
                existing and proposed public transportation system, 
                including essential feeder bus and other services 
                necessary to achieve the projected ridership levels 
                without requiring a reduction in existing public 
                transportation services or level of service to operate 
                the project.
            ``(2) Considerations.--In assessing the stability, 
        reliability, and availability of proposed sources of local 
        financing for purposes of subsection (d)(2)(A)(v) or 
        (e)(2)(A)(v), the Secretary shall consider--
                    ``(A) the reliability of the forecasting methods 
                used to estimate costs and revenues made by the 
                recipient and the contractors to the recipient;
                    ``(B) existing grant commitments;
                    ``(C) the degree to which financing sources are 
                dedicated to the proposed purposes;
                    ``(D) any debt obligation that exists, or is 
                proposed by the recipient, for the proposed project or 
                other public transportation purpose; and
                    ``(E) the extent to which the project has a local 
                financial commitment that exceeds the required non-
                Government share of the cost of the project.
    ``(g) Project Advancement and Ratings.--
            ``(1) Project advancement.--A new fixed guideway capital 
        project or core capacity improvement project proposed to be 
        carried out using a grant under this section may not advance 
        from the project development phase to the engineering phase, or 
        from the engineering phase to the construction phase, unless 
        the Secretary determines that--
                    ``(A) the project meets the applicable requirements 
                under this section; and
                    ``(B) there is a reasonable likelihood that the 
                project will continue to meet the requirements under 
                this section.
            ``(2) Ratings.--
                    ``(A) Overall rating.--In making a determination 
                under paragraph (1), the Secretary shall evaluate and 
                rate a project as a whole on a 5-point scale (high, 
                medium-high, medium, medium-low, or low) based on--
                            ``(i) in the case of a new fixed guideway 
                        capital project, the project justification 
                        criteria under subsection (d)(2)(A)(iii), the 
                        policies and land use patterns that support 
                        public transportation, and the degree of local 
                        financial commitment; and
                            ``(ii) in the case of a core capacity 
                        improvement project, the capacity needs of the 
                        corridor, the project justification criteria 
                        under subsection (e)(2)(A)(iv), and the degree 
                        of local financial commitment.
                    ``(B) Individual ratings for each criterion.--In 
                rating a project under this paragraph, the Secretary 
                shall--
                            ``(i) provide, in addition to the overall 
                        project rating under subparagraph (A), 
                        individual ratings for each of the criteria 
                        established under subsection (d)(2)(A)(iii) or 
                        (e)(2)(A)(iv), as applicable; and
                            ``(ii) give comparable, but not necessarily 
                        equal, numerical weight to each of the criteria 
                        established under subsections (d)(2)(A)(iii) or 
                        (e)(2)(A)(iv), as applicable, in calculating 
                        the overall project rating under clause (i).
                    ``(C) Medium rating not required.--The Secretary 
                shall not require that any single project justification 
                criterion meet or exceed a `medium' rating in order to 
                advance the project from one phase to another.
            ``(3) Warrants.--The Secretary shall, to the maximum extent 
        practicable, develop and use special warrants for making a 
        project justification determination under subsection (d)(2) or 
        (e)(2), as applicable, for a project proposed to be funded 
        using a grant under this section, if--
                    ``(A) the share of the cost of the project to be 
                provided under this section does not exceed--
                            ``(i) $100,000,000; or
                            ``(ii) 50 percent of the total cost of the 
                        project;
                    ``(B) the applicant requests the use of the 
                warrants;
                    ``(C) the applicant certifies that its existing 
                public transportation system is in a state of good 
                repair; and
                    ``(D) the applicant meets any other requirements 
                that the Secretary considers appropriate to carry out 
                this subsection.
            ``(4) Letters of intent and early systems work 
        agreements.--In order to expedite a project under this 
        subsection, the Secretary shall, to the maximum extent 
        practicable, issue letters of intent and enter into early 
        systems work agreements upon issuance of a record of decision 
        for projects that receive an overall project rating of medium 
        or better.
            ``(5) Policy guidance.--The Secretary shall issue policy 
        guidance regarding the review and evaluation process and 
        criteria--
                    ``(A) not later than 180 days after the date of 
                enactment of the Federal Public Transportation Act of 
                2012; and
                    ``(B) each time the Secretary makes significant 
                changes to the process and criteria, but not less 
                frequently than once every 2 years.
            ``(6) Rules.--Not later than 1 year after the date of 
        enactment of the Federal Public Transportation Act of 2012, the 
        Secretary shall issue rules establishing an evaluation and 
        rating process for--
                    ``(A) new fixed guideway capital projects that is 
                based on the results of project justification, policies 
                and land use patterns that promote public 
                transportation, and local financial commitment, as 
                required under this subsection; and
                    ``(B) core capacity improvement projects that is 
                based on the results of the capacity needs of the 
                corridor, project justification, and local financial 
                commitment.
            ``(7) Applicability.--This subsection shall not apply to a 
        project for which the Secretary issued a letter of intent, 
        entered into a full funding grant agreement, or entered into a 
        project construction agreement before the date of enactment of 
        the Federal Public Transportation Act of 2012.
    ``(h) Programs of Interrelated Projects.--
            ``(1) Project development phase.--A federally funded 
        project in a program of interrelated projects shall advance 
        through project development as provided in subsection (d) or 
        (e), as applicable.
            ``(2) Engineering phase.--A federally funded project in a 
        program of interrelated projects may advance into the 
        engineering phase upon completion of activities required under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.), as demonstrated by a record of decision with respect 
        to the project, a finding that the project has no significant 
        impact, or a determination that the project is categorically 
        excluded, only if the Secretary determines that--
                    ``(A) the project is selected as the locally 
                preferred alternative at the completion of the process 
                required under the National Environmental Policy Act of 
                1969;
                    ``(B) the project is adopted into the metropolitan 
                transportation plan required under section 5303;
                    ``(C) the program of interrelated projects involves 
                projects that have a logical connectivity to one 
                another;
                    ``(D) the program of interrelated projects, when 
                evaluated as a whole, meets the requirements of 
                subsection (d)(2) or (e)(2), as applicable;
                    ``(E) the program of interrelated projects is 
                supported by a program implementation plan 
                demonstrating that construction will begin on each of 
                the projects in the program of interrelated projects 
                within a reasonable time frame; and
                    ``(F) the program of interrelated projects is 
                supported by an acceptable degree of local financial 
                commitment, as described in subsection (f).
            ``(3) Project advancement and ratings.--
                    ``(A) Project advancement.--A project receiving a 
                grant under this section that is part of a program of 
                interrelated projects may not advance from the project 
                development phase to the engineering phase, or from the 
                engineering phase to the construction phase, unless the 
                Secretary determines that the program of interrelated 
                projects meets the applicable requirements of this 
                section and there is a reasonable likelihood that the 
                program will continue to meet such requirements.
                    ``(B) Ratings.--
                            ``(i) Overall rating.--In making a 
                        determination under subparagraph (A), the 
                        Secretary shall evaluate and rate a program of 
                        interrelated projects on a 5-point scale (high, 
                        medium-high, medium, medium-low, or low) based 
                        on the criteria described in paragraph (2).
                            ``(ii) Individual rating for each 
                        criterion.--In rating a program of interrelated 
                        projects, the Secretary shall provide, in 
                        addition to the overall program rating, 
                        individual ratings for each of the criteria 
                        described in paragraph (2) and shall give 
                        comparable, but not necessarily equal, 
                        numerical weight to each such criterion in 
                        calculating the overall program rating.
                            ``(iii) Medium rating not required.--The 
                        Secretary shall not require that any single 
                        criterion described in paragraph (2) meet or 
                        exceed a `medium' rating in order to advance 
                        the program of interrelated projects from one 
                        phase to another.
            ``(4) Annual review.--
                    ``(A) Review required.--The Secretary shall 
                annually review the program implementation plan 
                required under paragraph (2)(E) to determine whether 
                the program of interrelated projects is adhering to its 
                schedule.
                    ``(B) Extension of time.--If a program of 
                interrelated projects is not adhering to its schedule, 
                the Secretary may, upon the request of the applicant, 
                grant an extension of time if the applicant submits a 
                reasonable plan that includes--
                            ``(i) evidence of continued adequate 
                        funding; and
                            ``(ii) an estimated time frame for 
                        completing the program of interrelated 
                        projects.
                    ``(C) Satisfactory progress required.--If the 
                Secretary determines that a program of interrelated 
                projects is not making satisfactory progress, no 
                Federal funds shall be provided for a project within 
                the program of interrelated projects.
            ``(5) Failure to carry out program of interrelated 
        projects.--
                    ``(A) Repayment required.--If an applicant does not 
                carry out the program of interrelated projects within a 
                reasonable time, for reasons within the control of the 
                applicant, the applicant shall repay all Federal funds 
                provided for the program, and any reasonable interest 
                and penalty charges that the Secretary may establish.
                    ``(B) Crediting of funds received.--Any funds 
                received by the Government under this paragraph, other 
                than interest and penalty charges, shall be credited to 
                the appropriation account from which the funds were 
                originally derived.
            ``(6) Non-federal funds.--Any non-Federal funds committed 
        to a project in a program of interrelated projects may be used 
        to meet a non-Government share requirement for any other 
        project in the program of interrelated projects, if the 
        Government share of the cost of each project within the program 
        of interrelated projects does not exceed 80 percent.
            ``(7) Priority.--In making grants under this section, the 
        Secretary may give priority to programs of interrelated 
        projects for which the non-Government share of the cost of the 
        projects included in the programs of interrelated projects 
        exceeds the non-Government share required under subsection (k).
            ``(8) Non-government projects.--Including a project not 
        financed by the Government in a program of interrelated 
        projects does not impose Government requirements that would not 
        otherwise apply to the project.
    ``(i) Previously Issued Letter of Intent or Full Funding Grant 
Agreement.--Subsections (d) and (e) shall not apply to projects for 
which the Secretary has issued a letter of intent, entered into a full 
funding grant agreement, or entered into a project construction grant 
agreement before the date of enactment of the Federal Public 
Transportation Act of 2012.
    ``(j) Letters of Intent, Full Funding Grant Agreements, and Early 
Systems Work Agreements.--
            ``(1) Letters of intent.--
                    ``(A) Amounts intended to be obligated.--The 
                Secretary may issue a letter of intent to an applicant 
                announcing an intention to obligate, for a new fixed 
                guideway capital project or core capacity improvement 
                project, an amount from future available budget 
                authority specified in law that is not more than the 
                amount stipulated as the financial participation of the 
                Secretary in the project. When a letter is issued for a 
                capital project under this section, the amount shall be 
                sufficient to complete at least an operable segment.
                    ``(B) Treatment.--The issuance of a letter under 
                subparagraph (A) is deemed not to be an obligation 
                under sections 1108(c), 1501, and 1502(a) of title 31, 
                United States Code, or an administrative commitment.
            ``(2) Full funding grant agreements.--
                    ``(A) In general.--A new fixed guideway capital 
                project or core capacity improvement project shall be 
                carried out through a full funding grant agreement.
                    ``(B) Criteria.--The Secretary shall enter into a 
                full funding grant agreement, based on the evaluations 
                and ratings required under subsection (d), (e), or (h), 
                as applicable, with each grantee receiving assistance 
                for a new fixed guideway capital project or core 
                capacity improvement project that has been rated as 
                high, medium-high, or medium, in accordance with 
                subsection (g)(2)(A) or (h)(3)(B), as applicable.
                    ``(C) Terms.--A full funding grant agreement 
                shall--
                            ``(i) establish the terms of participation 
                        by the Government in a new fixed guideway 
                        capital project or core capacity improvement 
                        project;
                            ``(ii) establish the maximum amount of 
                        Federal financial assistance for the project;
                            ``(iii) include the period of time for 
                        completing the project, even if that period 
                        extends beyond the period of an authorization; 
                        and
                            ``(iv) make timely and efficient management 
                        of the project easier according to the law of 
                        the United States.
                    ``(D) Special financial rules.--
                            ``(i) In general.--A full funding grant 
                        agreement under this paragraph obligates an 
                        amount of available budget authority specified 
                        in law and may include a commitment, contingent 
                        on amounts to be specified in law in advance 
                        for commitments under this paragraph, to 
                        obligate an additional amount from future 
                        available budget authority specified in law.
                            ``(ii) Statement of contingent 
                        commitment.--The agreement shall state that the 
                        contingent commitment is not an obligation of 
                        the Government.
                            ``(iii) Interest and other financing 
                        costs.--Interest and other financing costs of 
                        efficiently carrying out a part of the project 
                        within a reasonable time are a cost of carrying 
                        out the project under a full funding grant 
                        agreement, except that eligible costs may not 
                        be more than the cost of the most favorable 
                        financing terms reasonably available for the 
                        project at the time of borrowing. The applicant 
                        shall certify, in a way satisfactory to the 
                        Secretary, that the applicant has shown 
                        reasonable diligence in seeking the most 
                        favorable financing terms.
                            ``(iv) Completion of operable segment.--The 
                        amount stipulated in an agreement under this 
                        paragraph for a new fixed guideway capital 
                        project shall be sufficient to complete at 
                        least an operable segment.
                    ``(E) Before and after study.--
                            ``(i) In general.--A full funding grant 
                        agreement under this paragraph shall require 
                        the applicant to conduct a study that--
                                    ``(I) describes and analyzes the 
                                impacts of the new fixed guideway 
                                capital project or core capacity 
                                improvement project on public 
                                transportation services and public 
                                transportation ridership;
                                    ``(II) evaluates the consistency of 
                                predicted and actual project 
                                characteristics and performance; and
                                    ``(III) identifies reasons for 
                                differences between predicted and 
                                actual outcomes.
                            ``(ii) Information collection and analysis 
                        plan.--
                                    ``(I) Submission of plan.--
                                Applicants seeking a full funding grant 
                                agreement under this paragraph shall 
                                submit a complete plan for the 
                                collection and analysis of information 
                                to identify the impacts of the new 
                                fixed guideway capital project or core 
                                capacity improvement project and the 
                                accuracy of the forecasts prepared 
                                during the development of the project. 
                                Preparation of this plan shall be 
                                included in the full funding grant 
                                agreement as an eligible activity.
                                    ``(II) Contents of plan.--The plan 
                                submitted under subclause (I) shall 
                                provide for--
                                            ``(aa) collection of data 
                                        on the current public 
                                        transportation system regarding 
                                        public transportation service 
                                        levels and ridership patterns, 
                                        including origins and 
                                        destinations, access modes, 
                                        trip purposes, and rider 
                                        characteristics;
                                            ``(bb) documentation of the 
                                        predicted scope, service 
                                        levels, capital costs, 
                                        operating costs, and ridership 
                                        of the project;
                                            ``(cc) collection of data 
                                        on the public transportation 
                                        system 2 years after the 
                                        opening of a new fixed guideway 
                                        capital project or core 
                                        capacity improvement project, 
                                        including analogous information 
                                        on public transportation 
                                        service levels and ridership 
                                        patterns and information on the 
                                        as-built scope, capital, and 
                                        financing costs of the project; 
                                        and
                                            ``(dd) analysis of the 
                                        consistency of predicted 
                                        project characteristics with 
                                        actual outcomes.
                    ``(F) Collection of data on current system.--To be 
                eligible for a full funding grant agreement under this 
                paragraph, recipients shall have collected data on the 
                current system, according to the plan required under 
                subparagraph (E)(ii), before the beginning of 
                construction of the proposed new fixed guideway capital 
                project or core capacity improvement project. 
                Collection of this data shall be included in the full 
                funding grant agreement as an eligible activity.
            ``(3) Early systems work agreements.--
                    ``(A) Conditions.--The Secretary may enter into an 
                early systems work agreement with an applicant if a 
                record of decision under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been 
                issued on the project and the Secretary finds there is 
                reason to believe--
                            ``(i) a full funding grant agreement for 
                        the project will be made; and
                            ``(ii) the terms of the work agreement will 
                        promote ultimate completion of the project more 
                        rapidly and at less cost.
                    ``(B) Contents.--
                            ``(i) In general.--An early systems work 
                        agreement under this paragraph obligates budget 
                        authority available under this chapter and 
                        title 23 and shall provide for reimbursement of 
                        preliminary costs of carrying out the project, 
                        including land acquisition, timely procurement 
                        of system elements for which specifications are 
                        decided, and other activities the Secretary 
                        decides are appropriate to make efficient, 
                        long-term project management easier.
                            ``(ii) Contingent commitment.--An early 
                        systems work agreement may include a 
                        commitment, contingent on amounts to be 
                        specified in law in advance for commitments 
                        under this paragraph, to obligate an additional 
                        amount from future available budget authority 
                        specified in law.
                            ``(iii) Period covered.--An early systems 
                        work agreement under this paragraph shall cover 
                        the period of time the Secretary considers 
                        appropriate. The period may extend beyond the 
                        period of current authorization.
                            ``(iv) Interest and other financing 
                        costs.--Interest and other financing costs of 
                        efficiently carrying out the early systems work 
                        agreement within a reasonable time are a cost 
                        of carrying out the agreement, except that 
                        eligible costs may not be more than the cost of 
                        the most favorable financing terms reasonably 
                        available for the project at the time of 
                        borrowing. The applicant shall certify, in a 
                        way satisfactory to the Secretary, that the 
                        applicant has shown reasonable diligence in 
                        seeking the most favorable financing terms.
                            ``(v) Failure to carry out project.--If an 
                        applicant does not carry out the project for 
                        reasons within the control of the applicant, 
                        the applicant shall repay all Federal grant 
                        funds awarded for the project from all Federal 
                        funding sources, for all project activities, 
                        facilities, and equipment, plus reasonable 
                        interest and penalty charges allowable by law 
                        or established by the Secretary in the early 
                        systems work agreement.
                            ``(vi) Crediting of funds received.--Any 
                        funds received by the Government under this 
                        paragraph, other than interest and penalty 
                        charges, shall be credited to the appropriation 
                        account from which the funds were originally 
                        derived.
            ``(4) Limitation on amounts.--
                    ``(A) In general.--The Secretary may enter into 
                full funding grant agreements under this subsection for 
                new fixed guideway capital projects and core capacity 
                improvement projects that contain contingent 
                commitments to incur obligations in such amounts as the 
                Secretary determines are appropriate.
                    ``(B) Appropriation required.--An obligation may be 
                made under this subsection only when amounts are 
                appropriated for the obligation.
            ``(5) Notification to congress.--At least 30 days before 
        issuing a letter of intent, entering into a full funding grant 
        agreement, or entering into an early systems work agreement 
        under this section, the Secretary shall notify, in writing, the 
        Committee on Banking, Housing, and Urban Affairs and the 
        Committee on Appropriations of the Senate and the Committee on 
        Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives of the proposed 
        letter or agreement. The Secretary shall include with the 
        notification a copy of the proposed letter or agreement as well 
        as the evaluations and ratings for the project.
    ``(k) Government Share of Net Capital Project Cost.--
            ``(1) In general.--Based on engineering studies, studies of 
        economic feasibility, and information on the expected use of 
        equipment or facilities, the Secretary shall estimate the net 
        capital project cost. A grant for the project shall not exceed 
        80 percent of the net capital project cost.
            ``(2) Adjustment for completion under budget.--The 
        Secretary may adjust the final net capital project cost of a 
        new fixed guideway capital project or core capacity improvement 
        project evaluated under subsection (d), (e), or (h) to include 
        the cost of eligible activities not included in the originally 
        defined project if the Secretary determines that the originally 
        defined project has been completed at a cost that is 
        significantly below the original estimate.
            ``(3) Maximum government share.--The Secretary may provide 
        a higher grant percentage than requested by the grant recipient 
        if--
                    ``(A) the Secretary determines that the net capital 
                project cost of the project is not more than 10 percent 
                higher than the net capital project cost estimated at 
                the time the project was approved for advancement into 
                the engineering phase; and
                    ``(B) the ridership estimated for the project is 
                not less than 90 percent of the ridership estimated for 
                the project at the time the project was approved for 
                advancement into the engineering phase.
            ``(4) Remainder of net capital project cost.--The remainder 
        of the net capital project cost shall be provided from an 
        undistributed cash surplus, a replacement or depreciation cash 
        fund or reserve, or new capital.
            ``(5) Limitation on statutory construction.--Nothing in 
        this section shall be construed as authorizing the Secretary to 
        require a non-Federal financial commitment for a project that 
        is more than 20 percent of the net capital project cost.
            ``(6) Special rule for rolling stock costs.--In addition to 
        amounts allowed pursuant to paragraph (1), a planned extension 
        to a fixed guideway system may include the cost of rolling 
        stock previously purchased if the applicant satisfies the 
        Secretary that only amounts other than amounts provided by the 
        Government were used and that the purchase was made for use on 
        the extension. A refund or reduction of the remainder may be 
        made only if a refund of a proportional amount of the grant of 
        the Government is made at the same time.
            ``(7) Limitation on applicability.--This subsection shall 
        not apply to projects for which the Secretary entered into a 
        full funding grant agreement before the date of enactment of 
        the Federal Public Transportation Act of 2012.
    ``(l) Undertaking Projects in Advance.--
            ``(1) In general.--The Secretary may pay the Government 
        share of the net capital project cost to a State or local 
        governmental authority that carries out any part of a project 
        described in this section without the aid of amounts of the 
        Government and according to all applicable procedures and 
        requirements if--
                    ``(A) the State or local governmental authority 
                applies for the payment;
                    ``(B) the Secretary approves the payment; and
                    ``(C) before the State or local governmental 
                authority carries out the part of the project, the 
                Secretary approves the plans and specifications for the 
                part in the same way as other projects under this 
                section.
            ``(2) Financing costs.--
                    ``(A) In general.--The cost of carrying out part of 
                a project includes the amount of interest earned and 
                payable on bonds issued by the State or local 
                governmental authority to the extent proceeds of the 
                bonds are expended in carrying out the part.
                    ``(B) Limitation on amount of interest.--The amount 
                of interest under this paragraph may not be more than 
                the most favorable interest terms reasonably available 
                for the project at the time of borrowing.
                    ``(C) Certification.--The applicant shall certify, 
                in a manner satisfactory to the Secretary, that the 
                applicant has shown reasonable diligence in seeking the 
                most favorable financing terms.
    ``(m) Availability of Amounts.--
            ``(1) In general.--An amount made available or appropriated 
        for a new fixed guideway capital project or core capacity 
        improvement project shall remain available to that project for 
        5 fiscal years, including the fiscal year in which the amount 
        is made available or appropriated. Any amounts that are 
        unobligated to the project at the end of the 5-fiscal-year 
        period may be used by the Secretary for any purpose under this 
        section.
            ``(2) Use of deobligated amounts.--An amount available 
        under this section that is deobligated may be used for any 
        purpose under this section.
    ``(n) Reports on New Fixed Guideway and Core Capacity Improvement 
Projects.--
            ``(1) Annual report on funding recommendations.--Not later 
        than the first Monday in February of each year, the Secretary 
        shall submit to the Committee on Banking, Housing, and Urban 
        Affairs and the Committee on Appropriations of the Senate and 
        the Committee on Transportation and Infrastructure and the 
        Committee on Appropriations of the House of Representatives a 
        report that includes--
                    ``(A) a proposal of allocations of amounts to be 
                available to finance grants for projects under this 
                section among applicants for these amounts;
                    ``(B) evaluations and ratings, as required under 
                subsections (d), (e), and (h), for each such project 
                that is in project development, engineering, or has 
                received a full funding grant agreement; and
                    ``(C) recommendations of such projects for funding 
                based on the evaluations and ratings and on existing 
                commitments and anticipated funding levels for the next 
                3 fiscal years based on information currently available 
                to the Secretary.
            ``(2) Reports on before and after studies.--Not later than 
        the first Monday in August of each year, the Secretary shall 
        submit to the committees described in paragraph (1) a report 
        containing a summary of the results of any studies conducted 
        under subsection (j)(2)(E).
            ``(3) Annual gao review.--The Comptroller General of the 
        United States shall--
                    ``(A) conduct an annual review of--
                            ``(i) the processes and procedures for 
                        evaluating, rating, and recommending new fixed 
                        guideway capital projects and core capacity 
                        improvement projects; and
                            ``(ii) the Secretary's implementation of 
                        such processes and procedures; and
                    ``(B) report to Congress on the results of such 
                review by May 31 of each year.''.
    (b) Pilot Program for Expedited Project Delivery.--
            (1) Definitions.--In this subsection the following 
        definitions shall apply:
                    (A) Eligible project.--The term ``eligible 
                project'' means a new fixed guideway capital project or 
                a core capacity improvement project, as those terms are 
                defined in section 5309 of title 49, United States 
                Code, as amended by this section, that has not entered 
                into a full funding grant agreement with the Federal 
                Transit Administration before the date of enactment of 
                the Federal Public Transportation Act of 2012.
                    (B) Program.--The term ``program'' means the pilot 
                program for expedited project delivery established 
                under this subsection.
                    (C) Recipient.--The term ``recipient'' means a 
                recipient of funding under chapter 53 of title 49, 
                United States Code.
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of Transportation.
            (2) Establishment.--The Secretary shall establish and 
        implement a pilot program to demonstrate whether innovative 
        project development and delivery methods or innovative 
        financing arrangements can expedite project delivery for 
        certain meritorious new fixed guideway capital projects and 
        core capacity improvement projects.
            (3) Limitation on number of projects.--The Secretary shall 
        select 3 eligible projects to participate in the program, of 
        which--
                    (A) at least 1 shall be an eligible project 
                requesting more than $100,000,000 in Federal financial 
                assistance under section 5309 of title 49, United 
                States Code; and
                    (B) at least 1 shall be an eligible project 
                requesting less than $100,000,000 in Federal financial 
                assistance under section 5309 of title 49, United 
                States Code.
            (4) Government share.--The Government share of the total 
        cost of an eligible project that participates in the program 
        may not exceed 50 percent.
            (5) Eligibility.--A recipient that desires to participate 
        in the program shall submit to the Secretary an application 
        that contains, at a minimum--
                    (A) identification of an eligible project;
                    (B) a schedule and finance plan for the 
                construction and operation of the eligible project;
                    (C) an analysis of the efficiencies of the proposed 
                project development and delivery methods or innovative 
                financing arrangement for the eligible project; and
                    (D) a certification that the recipient's existing 
                public transportation system is in a state of good 
                repair.
            (6) Selection criteria.--The Secretary may award a full 
        funding grant agreement under this subsection if the Secretary 
        determines that--
                    (A) the recipient has completed planning and the 
                activities required under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
                    (B) the recipient has the necessary legal, 
                financial, and technical capacity to carry out the 
                eligible project.
            (7) Before and after study and report.--
                    (A) Study required.--A full funding grant agreement 
                under this paragraph shall require a recipient to 
                conduct a study that--
                            (i) describes and analyzes the impacts of 
                        the eligible project on public transportation 
                        services and public transportation ridership;
                            (ii) describes and analyzes the consistency 
                        of predicted and actual benefits and costs of 
                        the innovative project development and delivery 
                        methods or innovative financing for the 
                        eligible project; and
                            (iii) identifies reasons for any 
                        differences between predicted and actual 
                        outcomes for the eligible project.
                    (B) Submission of report.--Not later than 9 months 
                after an eligible project selected to participate in 
                the program begins revenue operations, the recipient 
                shall submit to the Secretary a report on the results 
                of the study under subparagraph (A).

SEC. 20011. FORMULA GRANTS FOR THE ENHANCED MOBILITY OF SENIORS AND 
              INDIVIDUALS WITH DISABILITIES.

    Section 5310 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5310. Formula grants for the enhanced mobility of seniors and 
              individuals with disabilities
    ``(a) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Recipient.--The term `recipient' means a designated 
        recipient or a State that receives a grant under this section 
        directly.
            ``(2) Subrecipient.--The term `subrecipient' means a State 
        or local governmental authority, nonprofit organization, or 
        operator of public transportation that receives a grant under 
        this section indirectly through a recipient.
    ``(b) General Authority.--
            ``(1) Grants.--The Secretary may make grants under this 
        section to recipients for--
                    ``(A) public transportation capital projects 
                planned, designed, and carried out to meet the special 
                needs of seniors and individuals with disabilities when 
                public transportation is insufficient, inappropriate, 
                or unavailable;
                    ``(B) public transportation projects that exceed 
                the requirements of the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12101 et seq.);
                    ``(C) public transportation projects that improve 
                access to fixed route service and decrease reliance by 
                individuals with disabilities on complementary 
                paratransit; and
                    ``(D) alternatives to public transportation that 
                assist seniors and individuals with disabilities with 
                transportation.
            ``(2) Limitations for capital projects.--
                    ``(A) Amount available.--The amount available for 
                capital projects under paragraph (1)(A) shall be not 
                less than 55 percent of the funds apportioned to the 
                recipient under this section.
                    ``(B) Allocation to subrecipients.--A recipient of 
                a grant under paragraph (1)(A) may allocate the amounts 
                provided under the grant to--
                            ``(i) a nonprofit organization; or
                            ``(ii) a State or local governmental 
                        authority that--
                                    ``(I) is approved by a State to 
                                coordinate services for seniors and 
                                individuals with disabilities; or
                                    ``(II) certifies that there are no 
                                nonprofit organizations readily 
                                available in the area to provide the 
                                services described in paragraph (1)(A).
            ``(3) Administrative expenses.--
                    ``(A) In general.--A recipient may use not more 
                than 10 percent of the amounts apportioned to the 
                recipient under this section to administer, plan, and 
                provide technical assistance for a project funded under 
                this section.
                    ``(B) Government share of costs.--The Government 
                share of the costs of administering a program carried 
                out using funds under this section shall be 100 
                percent.
            ``(4) Eligible capital expenses.--The acquisition of public 
        transportation services is an eligible capital expense under 
        this section.
            ``(5) Coordination.--
                    ``(A) Department of transportation.--To the maximum 
                extent feasible, the Secretary shall coordinate 
                activities under this section with related activities 
                under other Federal departments and agencies.
                    ``(B) Other federal agencies and nonprofit 
                organizations.--A State or local governmental authority 
                or nonprofit organization that receives assistance from 
                Government sources (other than the Department of 
                Transportation) for nonemergency transportation 
                services shall--
                            ``(i) participate and coordinate with 
                        recipients of assistance under this chapter in 
                        the design and delivery of transportation 
                        services; and
                            ``(ii) participate in the planning for the 
                        transportation services described in clause 
                        (i).
            ``(6) Program of projects.--
                    ``(A) In general.--Amounts made available to carry 
                out this section may be used for transportation 
                projects to assist in providing transportation services 
                for seniors and individuals with disabilities, if such 
                transportation projects are included in a program of 
                projects.
                    ``(B) Submission.--A recipient shall annually 
                submit a program of projects to the Secretary.
                    ``(C) Assurance.--The program of projects submitted 
                under subparagraph (B) shall contain an assurance that 
                the program provides for the maximum feasible 
                coordination of transportation services assisted under 
                this section with transportation services assisted by 
                other Government sources.
            ``(7) Meal delivery for homebound individuals.--A public 
        transportation service provider that receives assistance under 
        this section or section 5311(c) may coordinate and assist in 
        regularly providing meal delivery service for homebound 
        individuals, if the delivery service does not conflict with 
        providing public transportation service or reduce service to 
        public transportation passengers.
    ``(c) Apportionment and Transfers.--
            ``(1) Formula.--The Secretary shall apportion amounts made 
        available to carry out this section as follows:
                    ``(A) Large urbanized areas.--Sixty percent of the 
                funds shall be apportioned among designated recipients 
                for urbanized areas with a population of 200,000 or 
                more individuals, as determined by the Bureau of the 
                Census, in the ratio that--
                            ``(i) the number of seniors and individuals 
                        with disabilities in each such urbanized area; 
                        bears to
                            ``(ii) the number of seniors and 
                        individuals with disabilities in all such 
                        urbanized areas.
                    ``(B) Small urbanized areas.--Twenty percent of the 
                funds shall be apportioned among the States in the 
                ratio that--
                            ``(i) the number of seniors and individuals 
                        with disabilities in urbanized areas with a 
                        population of fewer than 200,000 individuals, 
                        as determined by the Bureau of the Census, in 
                        each State; bears to
                            ``(ii) the number of seniors and 
                        individuals with disabilities in urbanized 
                        areas with a population of fewer than 200,000 
                        individuals, as determined by the Bureau of the 
                        Census, in all States.
                    ``(C) Other than urbanized areas.--Twenty percent 
                of the funds shall be apportioned among the States in 
                the ratio that--
                            ``(i) the number of seniors and individuals 
                        with disabilities in other than urbanized areas 
                        in each State; bears to
                            ``(ii) the number of seniors and 
                        individuals with disabilities in other than 
                        urbanized areas in all States.
            ``(2) Areas served by projects.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B)--
                            ``(i) funds apportioned under paragraph 
                        (1)(A) shall be used for projects serving 
                        urbanized areas with a population of 200,000 or 
                        more individuals, as determined by the Bureau 
                        of the Census;
                            ``(ii) funds apportioned under paragraph 
                        (1)(B) shall be used for projects serving 
                        urbanized areas with a population of fewer than 
                        200,000 individuals, as determined by the 
                        Bureau of the Census; and
                            ``(iii) funds apportioned under paragraph 
                        (1)(C) shall be used for projects serving other 
                        than urbanized areas.
                    ``(B) Exceptions.--A State may use funds 
                apportioned to the State under subparagraph (B) or (C) 
                of paragraph (1)--
                            ``(i) for a project serving an area other 
                        than an area specified in subparagraph (A)(ii) 
                        or (A)(iii), as the case may be, if the 
                        Governor of the State certifies that all of the 
                        objectives of this section are being met in the 
                        area specified in subparagraph (A)(ii) or 
                        (A)(iii); or
                            ``(ii) for a project anywhere in the State, 
                        if the State has established a statewide 
                        program for meeting the objectives of this 
                        section.
                    ``(C) Limited to eligible projects.--Any funds 
                transferred pursuant to subparagraph (B) shall be made 
                available only for eligible projects selected under 
                this section.
                    ``(D) Consultation.--A recipient may transfer an 
                amount under subparagraph (B) only after consulting 
                with responsible local officials, publicly owned 
                operators of public transportation, and nonprofit 
                providers in the area for which the amount was 
                originally apportioned.
    ``(d) Government Share of Costs.--
            ``(1) Capital projects.--A grant for a capital project 
        under this section shall be in an amount equal to 80 percent of 
        the net capital costs of the project, as determined by the 
        Secretary.
            ``(2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed an amount equal 
        to 50 percent of the net operating costs of the project, as 
        determined by the Secretary.
            ``(3) Remainder of net costs.--The remainder of the net 
        costs of a project carried out under this section--
                    ``(A) may be provided from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, a service agreement with a State or local 
                social service agency or a private social service 
                organization, or new capital; and
                    ``(B) may be derived from amounts appropriated or 
                otherwise made available--
                            ``(i) to a department or agency of the 
                        Government (other than the Department of 
                        Transportation) that are eligible to be 
                        expended for transportation; or
                            ``(ii) to carry out the Federal lands 
                        highways program under section 204 of title 23, 
                        United States Code.
            ``(4) Use of certain funds.--For purposes of paragraph 
        (3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of 
        the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the 
        use of grant funds for matching requirements shall not apply to 
        Federal or State funds to be used for transportation purposes.
    ``(e) Grant Requirements.--
            ``(1) In general.--A grant under this section shall be 
        subject to the same requirements as a grant under section 5307, 
        to the extent the Secretary determines appropriate.
            ``(2) Certification requirements.--
                    ``(A) Project selection and plan development.--
                Before receiving a grant under this section, each 
                recipient shall certify that--
                            ``(i) the projects selected by the 
                        recipient are included in a locally developed, 
                        coordinated public transit-human services 
                        transportation plan;
                            ``(ii) the plan described in clause (i) was 
                        developed and approved through a process that 
                        included participation by seniors, individuals 
                        with disabilities, representatives of public, 
                        private, and nonprofit transportation and human 
                        services providers, and other members of the 
                        public; and
                            ``(iii) to the maximum extent feasible, the 
                        services funded under this section will be 
                        coordinated with transportation services 
                        assisted by other Federal departments and 
                        agencies, including any transportation 
                        activities carried out by a recipient of a 
                        grant from the Department of Health and Human 
                        Services.
                    ``(B) Allocations to subrecipients.--If a recipient 
                allocates funds received under this section to 
                subrecipients, the recipient shall certify that the 
                funds are allocated on a fair and equitable basis.
    ``(f) Competitive Process for Grants to Subrecipients.--
            ``(1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) may conduct, in 
        cooperation with the appropriate metropolitan planning 
        organization, an areawide solicitation for applications for 
        grants under this section.
            ``(2) Statewide solicitations.--A recipient of funds 
        apportioned under subparagraph (B) or (C) of subsection (c)(1) 
        may conduct a statewide solicitation for applications for 
        grants under this section.
            ``(3) Application.--If the recipient elects to engage in a 
        competitive process, a recipient or subrecipient seeking to 
        receive a grant from funds apportioned under subsection (c) 
        shall submit to the recipient making the election an 
        application in such form and in accordance with such 
        requirements as the recipient making the election shall 
        establish.
    ``(g) Transfers of Facilities and Equipment.--A recipient may 
transfer a facility or equipment acquired using a grant under this 
section to any other recipient eligible to receive assistance under 
this chapter, if--
            ``(1) the recipient in possession of the facility or 
        equipment consents to the transfer; and
            ``(2) the facility or equipment will continue to be used as 
        required under this section.
    ``(h) Performance Measures.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Federal Public Transportation Act of 2012, the 
        Secretary shall issue a final rule to establish performance 
        measures for grants under this section.
            ``(2) Measures.--The performance measures established under 
        paragraph (1) shall require the collection of quantitative and 
        qualitative information, as available, concerning--
                    ``(A) modifications to the geographic coverage of 
                transportation service, the quality of transportation 
                service, or service times that increase the 
                availability of transportation services for seniors and 
                individuals with disabilities;
                    ``(B) ridership;
                    ``(C) accessibility improvements; and
                    ``(D) other measures, as the Secretary determines 
                is appropriate.
            ``(3) Targets.--Not later than 3 months after the date on 
        which the Secretary issues a final rule under paragraph (1), 
        and each fiscal year thereafter, each recipient that receives 
        Federal financial assistance under this section shall establish 
        performance targets in relation to the performance measures 
        established by the Secretary.
            ``(4) Reports.--Each recipient of Federal financial 
        assistance under this section shall submit to the Secretary an 
        annual report that describes--
                    ``(A) the progress of the recipient toward meeting 
                the performance targets established under paragraph (3) 
                for that fiscal year; and
                    ``(B) the performance targets established by the 
                recipient for the subsequent fiscal year.''.

SEC. 20012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

    (a) In General.--Section 5311 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5311. Formula grants for other than urbanized areas
    ``(a) Definitions.--As used in this section, the following 
definitions shall apply:
            ``(1) Recipient.--The term `recipient' means a State or 
        Indian tribe that receives a Federal transit program grant 
        directly from the Government.
            ``(2) Subrecipient.--The term `subrecipient' means a State 
        or local governmental authority, a nonprofit organization, or 
        an operator of public transportation or intercity bus service 
        that receives Federal transit program grant funds indirectly 
        through a recipient.
    ``(b) General Authority.--
            ``(1) Grants authorized.--Except as provided by paragraph 
        (2), the Secretary may award grants under this section to 
        recipients located in areas other than urbanized areas for--
                    ``(A) planning, provided that a grant under this 
                section for planning activities shall be in addition to 
                funding awarded to a State under section 5305 for 
                planning activities that are directed specifically at 
                the needs of other than urbanized areas in the State;
                    ``(B) public transportation capital projects;
                    ``(C) operating costs of equipment and facilities 
                for use in public transportation; and
                    ``(D) the acquisition of public transportation 
                services, including service agreements with private 
                providers of public transportation service.
            ``(2) State program.--
                    ``(A) In general.--A project eligible for a grant 
                under this section shall be included in a State program 
                for public transportation service projects, including 
                agreements with private providers of public 
                transportation service.
                    ``(B) Submission to secretary.--Each State shall 
                submit to the Secretary annually the program described 
                in subparagraph (A).
                    ``(C) Approval.--The Secretary may not approve the 
                program unless the Secretary determines that--
                            ``(i) the program provides a fair 
                        distribution of amounts in the State, including 
                        Indian reservations; and
                            ``(ii) the program provides the maximum 
                        feasible coordination of public transportation 
                        service assisted under this section with 
                        transportation service assisted by other 
                        Federal sources.
            ``(3) Rural transportation assistance program.--
                    ``(A) In general.--The Secretary shall carry out a 
                rural transportation assistance program in other than 
                urbanized areas.
                    ``(B) Grants and contracts.--In carrying out this 
                paragraph, the Secretary may use not more than 2 
                percent of the amount made available under section 
                5338(a)(2)(F) to make grants and contracts for 
                transportation research, technical assistance, 
                training, and related support services in other than 
                urbanized areas.
                    ``(C) Projects of a national scope.--Not more than 
                15 percent of the amounts available under subparagraph 
                (B) may be used by the Secretary to carry out projects 
                of a national scope, with the remaining balance 
                provided to the States.
            ``(4) Data collection.--Each recipient under this section 
        shall submit an annual report to the Secretary containing 
        information on capital investment, operations, and service 
        provided with funds received under this section, including--
                    ``(A) total annual revenue;
                    ``(B) sources of revenue;
                    ``(C) total annual operating costs;
                    ``(D) total annual capital costs;
                    ``(E) fleet size and type, and related facilities;
                    ``(F) vehicle revenue miles; and
                    ``(G) ridership.
    ``(c) Apportionments.--
            ``(1) Public transportation on indian reservations.--Of the 
        amounts made available or appropriated for each fiscal year 
        pursuant to section 5338(a)(2)(F) to carry out this paragraph, 
        the following amounts shall be apportioned each fiscal year for 
        grants to Indian tribes for any purpose eligible under this 
        section, under such terms and conditions as may be established 
        by the Secretary:
                    ``(A) $10,000,000 shall be distributed on a 
                competitive basis by the Secretary.
                    ``(B) $20,000,000 shall be apportioned as formula 
                grants, as provided in subsection (k).
            ``(2) Appalachian development public transportation 
        assistance program.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `Appalachian region' has the 
                        same meaning as in section 14102 of title 40; 
                        and
                            ``(ii) the term `eligible recipient' means 
                        a State that participates in a program 
                        established under subtitle IV of title 40.
                    ``(B) In general.--The Secretary shall carry out a 
                public transportation assistance program in the 
                Appalachian region.
                    ``(C) Apportionment.--Of amounts made available or 
                appropriated for each fiscal year under section 
                5338(a)(2)(F) to carry out this paragraph, the 
                Secretary shall apportion funds to eligible recipients 
                for any purpose eligible under this section, based on 
                the guidelines established under section 9.5(b) of the 
                Appalachian Regional Commission Code.
                    ``(D) Special rule.--An eligible recipient may use 
                amounts that cannot be used for operating expenses 
                under this paragraph for a highway project if--
                            ``(i) that use is approved, in writing, by 
                        the eligible recipient after appropriate notice 
                        and an opportunity for comment and appeal are 
                        provided to affected public transportation 
                        providers; and
                            ``(ii) the eligible recipient, in approving 
                        the use of amounts under this subparagraph, 
                        determines that the local transit needs are 
                        being addressed.
            ``(3) Remaining amounts.--
                    ``(A) In general.--The amounts made available or 
                appropriated for each fiscal year pursuant to section 
                5338(a)(2)(F) that are not apportioned under paragraph 
                (1) or (2) shall be apportioned in accordance with this 
                paragraph.
                    ``(B) Apportionment based on land area and 
                population in nonurbanized areas.--
                            ``(i) In general.--83.15 percent of the 
                        amount described in subparagraph (A) shall be 
                        apportioned to the States in accordance with 
                        this subparagraph.
                            ``(ii) Land area.--
                                    ``(I) In general.--Subject to 
                                subclause (II), each State shall 
                                receive an amount that is equal to 20 
                                percent of the amount apportioned under 
                                clause (i), multiplied by the ratio of 
                                the land area in areas other than 
                                urbanized areas in that State and 
                                divided by the land area in all areas 
                                other than urbanized areas in the 
                                United States, as shown by the most 
                                recent decennial census of population.
                                    ``(II) Maximum apportionment.--No 
                                State shall receive more than 5 percent 
                                of the amount apportioned under 
                                subclause (I).
                            ``(iii) Population.--Each State shall 
                        receive an amount equal to 80 percent of the 
                        amount apportioned under clause (i), multiplied 
                        by the ratio of the population of areas other 
                        than urbanized areas in that State and divided 
                        by the population of all areas other than 
                        urbanized areas in the United States, as shown 
                        by the most recent decennial census of 
                        population.
                    ``(C) Apportionment based on land area, vehicle 
                revenue miles, and low-income individuals in 
                nonurbanized areas.--
                            ``(i) In general.--16.85 percent of the 
                        amount described in subparagraph (A) shall be 
                        apportioned to the States in accordance with 
                        this subparagraph.
                            ``(ii) Land area.--Subject to clause (v), 
                        each State shall receive an amount that is 
                        equal to 29.68 percent of the amount 
                        apportioned under clause (i), multiplied by the 
                        ratio of the land area in areas other than 
                        urbanized areas in that State and divided by 
                        the land area in all areas other than urbanized 
                        areas in the United States, as shown by the 
                        most recent decennial census of population.
                            ``(iii) Vehicle revenue miles.--Subject to 
                        clause (v), each State shall receive an amount 
                        that is equal to 29.68 percent of the amount 
                        apportioned under clause (i), multiplied by the 
                        ratio of vehicle revenue miles in areas other 
                        than urbanized areas in that State and divided 
                        by the vehicle revenue miles in all areas other 
                        than urbanized areas in the United States, as 
                        determined by national transit database 
                        reporting.
                            ``(iv) Low-income individuals.--Each State 
                        shall receive an amount that is equal to 40.64 
                        percent of the amount apportioned under clause 
                        (i), multiplied by the ratio of low-income 
                        individuals in areas other than urbanized areas 
                        in that State and divided by the number of low-
                        income individuals in all areas other than 
                        urbanized areas in the United States, as shown 
                        by the Bureau of the Census.
                            ``(v) Maximum apportionment.--No State 
                        shall receive--
                                    ``(I) more than 5 percent of the 
                                amount apportioned under clause (ii); 
                                or
                                    ``(II) more than 5 percent of the 
                                amount apportioned under clause (iii).
    ``(d) Use for Local Transportation Service.--A State may use an 
amount apportioned under this section for a project included in a 
program under subsection (b) of this section and eligible for 
assistance under this chapter if the project will provide local 
transportation service, as defined by the Secretary of Transportation, 
in an area other than an urbanized area.
    ``(e) Use for Administration, Planning, and Technical Assistance.--
The Secretary may allow a State to use not more than 15 percent of the 
amount apportioned under this section to administer this section and 
provide technical assistance to a subrecipient, including project 
planning, program and management development, coordination of public 
transportation programs, and research the State considers appropriate 
to promote effective delivery of public transportation to an area other 
than an urbanized area.
    ``(f) Intercity Bus Transportation.--
            ``(1) In general.--A State shall expend at least 15 percent 
        of the amount made available in each fiscal year to carry out a 
        program to develop and support intercity bus transportation. 
        Eligible activities under the program include--
                    ``(A) planning and marketing for intercity bus 
                transportation;
                    ``(B) capital grants for intercity bus shelters;
                    ``(C) joint-use stops and depots;
                    ``(D) operating grants through purchase-of-service 
                agreements, user-side subsidies, and demonstration 
                projects; and
                    ``(E) coordinating rural connections between small 
                public transportation operations and intercity bus 
                carriers.
            ``(2) Certification.--A State does not have to comply with 
        paragraph (1) of this subsection in a fiscal year in which the 
        Governor of the State certifies to the Secretary, after 
        consultation with affected intercity bus service providers, 
        that the intercity bus service needs of the State are being met 
        adequately.
    ``(g) Access to Jobs Projects.--
            ``(1) In general.--Amounts made available under section 
        5338(a)(2)(F) may be used to carry out a program to develop and 
        maintain job access projects. Eligible projects may include--
                    ``(A) projects relating to the development and 
                maintenance of public transportation services designed 
                to transport eligible low-income individuals to and 
                from jobs and activities related to their employment, 
                including--
                            ``(i) public transportation projects to 
                        finance planning, capital, and operating costs 
                        of providing access to jobs under this chapter;
                            ``(ii) promoting public transportation by 
                        low-income workers, including the use of public 
                        transportation by workers with nontraditional 
                        work schedules;
                            ``(iii) promoting the use of transit 
                        vouchers for welfare recipients and eligible 
                        low-income individuals; and
                            ``(iv) promoting the use of employer-
                        provided transportation, including the transit 
                        pass benefit program under section 132 of the 
                        Internal Revenue Code of 1986; and
                    ``(B) transportation projects designed to support 
                the use of public transportation including--
                            ``(i) enhancements to existing public 
                        transportation service for workers with non-
                        traditional hours or reverse commutes;
                            ``(ii) guaranteed ride home programs;
                            ``(iii) bicycle storage facilities; and
                            ``(iv) projects that otherwise facilitate 
                        the provision of public transportation services 
                        to employment opportunities.
            ``(2) Project selection and plan development.--Each grant 
        recipient under this subsection shall certify that--
                    ``(A) the projects selected were included in a 
                locally developed, coordinated public transit-human 
                services transportation plan;
                    ``(B) the plan was developed and approved through a 
                process that included participation by low-income 
                individuals, representatives of public, private, and 
                nonprofit transportation and human services providers, 
                and the public;
                    ``(C) to the maximum extent feasible, services 
                funded under this subsection are coordinated with 
                transportation services funded by other Federal 
                departments and agencies; and
                    ``(D) allocations of the grant to subrecipients, if 
                any, are distributed on a fair and equitable basis.
            ``(3) Competitive process for grants to subrecipients.--
                    ``(A) Statewide solicitations.--A State may conduct 
                a statewide solicitation for applications for grants to 
                recipients and subrecipients under this subsection.
                    ``(B) Application.--If the State elects to engage 
                in a competitive process, recipients and subrecipients 
                seeking to receive a grant from apportioned funds shall 
                submit to the State an application in the form and in 
                accordance with such requirements as the State shall 
                establish.
    ``(h) Government Share of Costs.--
            ``(1) Capital projects.--
                    ``(A) In general.--Except as provided by 
                subparagraph (B), a grant awarded under this section 
                for a capital project or project administrative 
                expenses shall be for 80 percent of the net costs of 
                the project, as determined by the Secretary.
                    ``(B) Exception.--A State described in section 
                120(b) of title 23 shall receive a Government share of 
                the net costs in accordance with the formula under that 
                section.
            ``(2) Operating assistance.--
                    ``(A) In general.--Except as provided by 
                subparagraph (B), a grant made under this section for 
                operating assistance may not exceed 50 percent of the 
                net operating costs of the project, as determined by 
                the Secretary.
                    ``(B) Exception.--A State described in section 
                120(b) of title 23 shall receive a Government share of 
                the net operating costs equal to 62.5 percent of the 
                Government share provided for under paragraph (1)(B).
            ``(3) Remainder.--The remainder of net project costs--
                    ``(A) may be provided from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, a service agreement with a State or local 
                social service agency or a private social service 
                organization, or new capital;
                    ``(B) may be derived from amounts appropriated or 
                otherwise made available to a department or agency of 
                the Government (other than the Department of 
                Transportation) that are eligible to be expended for 
                transportation; and
                    ``(C) notwithstanding subparagraph (B), may be 
                derived from amounts made available to carry out the 
                Federal lands highway program established by section 
                204 of title 23.
            ``(4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(C)(vii) of the Social 
        Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
        Federal or State funds to be used for transportation purposes.
            ``(5) Limitation on operating assistance.--A State carrying 
        out a program of operating assistance under this section may 
        not limit the level or extent of use of the Government grant 
        for the payment of operating expenses.
    ``(i) Transfer of Facilities and Equipment.--With the consent of 
the recipient currently having a facility or equipment acquired with 
assistance under this section, a State may transfer the facility or 
equipment to any recipient eligible to receive assistance under this 
chapter if the facility or equipment will continue to be used as 
required under this section.
    ``(j) Relationship to Other Laws.--
            ``(1) In general.--Section 5333(b) applies to this section 
        if the Secretary of Labor utilizes a special warranty that 
        provides a fair and equitable arrangement to protect the 
        interests of employees.
            ``(2) Rule of construction.--This subsection does not 
        affect or discharge a responsibility of the Secretary of 
        Transportation under a law of the United States.
    ``(k) Formula Grants for Public Transportation on Indian 
Reservations.--
            ``(1) Apportionment.--
                    ``(A) In general.--Of the amounts described in 
                subsection (c)(1)(B)--
                            ``(i) 50 percent of the total amount shall 
                        be apportioned so that each Indian tribe 
                        providing public transportation service shall 
                        receive an amount equal to the total amount 
                        apportioned under this clause multiplied by the 
                        ratio of the number of vehicle revenue miles 
                        provided by an Indian tribe divided by the 
                        total number of vehicle revenue miles provided 
                        by all Indian tribes, as reported to the 
                        Secretary;
                            ``(ii) 25 percent of the total amount shall 
                        be apportioned equally among each Indian tribe 
                        providing at least 200,000 vehicle revenue 
                        miles of public transportation service 
                        annually, as reported to the Secretary; and
                            ``(iii) 25 percent of the total amount 
                        shall be apportioned among each Indian tribe 
                        providing public transportation on tribal lands 
                        on which more than 1,000 low-income individuals 
                        reside (as determined by the Bureau of the 
                        Census) so that each Indian tribe shall receive 
                        an amount equal to the total amount apportioned 
                        under this clause multiplied by the ratio of 
                        the number of low-income individuals residing 
                        on an Indian tribe's lands divided by the total 
                        number of low-income individuals on tribal 
                        lands on which more than 1,000 low-income 
                        individuals reside.
                    ``(B) Limitation.--No recipient shall receive more 
                than $300,000 of the amounts apportioned under 
                subparagraph (A)(iii) in a fiscal year.
                    ``(C) Remaining amounts.--Of the amounts made 
                available under subparagraph (A)(iii), any amounts not 
                apportioned under that subparagraph shall be allocated 
                among Indian tribes receiving less than $300,000 in a 
                fiscal year according to the formula specified in that 
                clause.
                    ``(D) Low-income individuals.--For purposes of 
                subparagraph (A)(iii), the term `low-income individual' 
                means an individual whose family income is at or below 
                100 percent of the poverty line, as that term is 
                defined in section 673(2) of the Community Services 
                Block Grant Act (42 U.S.C. 9902(2)), including any 
                revision required by that section, for a family of the 
                size involved.
            ``(2) Non-tribal service providers.--A recipient that is an 
        Indian tribe may use funds apportioned under this subsection to 
        finance public transportation services provided by a non-tribal 
        provider of public transportation that connects residents of 
        tribal lands with surrounding communities, improves access to 
        employment or healthcare, or otherwise addresses the mobility 
        needs of tribal members.''.
    (b) Pilot Program for Intercity Bus Service.--
            (1) Definitions.--In this subsection, the following 
        definitions shall apply:
                    (A) Eligible project.--The term ``eligible 
                project'' means an intercity bus project eligible under 
                section 5311(f) of title 49, United States Code, as 
                amended by this section, that includes both feeder 
                service and an unsubsidized segment of the intercity 
                bus network to which it connects.
                    (B) Feeder service.--The term ``feeder service'' 
                means the provision of intercity connections to allow 
                for the coordination of rural connections between small 
                public transportation systems and providers of 
                intercity bus service.
                    (C) Intercity bus service.--The term ``intercity 
                bus service'' means regularly scheduled bus service 
                provided by private operators for the general public 
                that operates with limited stops over fixed routes 
                connecting two or more urban areas not in close 
                proximity, that has the capacity for transporting 
                baggage carried by passengers, and that makes 
                meaningful connections with scheduled intercity bus 
                service to more distant points, if such service is 
                available.
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of Transportation.
            (2) In-kind match.--The Secretary shall establish a pilot 
        program under which the Secretary may allow not more than 20 
        States using funding provided to carry out section 5311(f) of 
        title 49, United States Code, as amended by this section, to 
        support intercity bus service using the capital costs of 
        unsubsidized service provided by a private operator as in-kind 
        match for an eligible project.
            (3) Study.--The Comptroller General of the United States 
        shall conduct a study not later than 1 year after the date of 
        enactment of this Act to determine the efficacy of the pilot 
        program in improving and expanding intercity bus service and 
        the effect of the pilot program on public transportation 
        providers and the commuting public.

SEC. 20013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT 
              PROJECTS.

    Section 5312 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5312. Research, development, demonstration, and deployment 
              projects
    ``(a) Research, Development, Demonstration, and Deployment 
Projects.--
            ``(1) In general.--The Secretary may make grants and enter 
        into contracts, cooperative agreements, and other agreements 
        for research, development, demonstration, and deployment 
        projects, and evaluation of research and technology of national 
        significance to public transportation, that the Secretary 
        determines will improve public transportation.
            ``(2) Agreements.--In order to carry out paragraph (1), the 
        Secretary may make grants to and enter into contracts, 
        cooperative agreements, and other agreements with--
                    ``(A) departments, agencies, and instrumentalities 
                of the Government;
                    ``(B) State and local governmental entities;
                    ``(C) providers of public transportation;
                    ``(D) private or non-profit organizations;
                    ``(E) institutions of higher education; and
                    ``(F) technical and community colleges.
            ``(3) Application.--
                    ``(A) In general.--To receive a grant, contract, 
                cooperative agreement, or other agreement under this 
                section, an entity described in paragraph (2) shall 
                submit an application to the Secretary.
                    ``(B) Form and contents.--An application under 
                subparagraph (A) shall be in such form and contain such 
                information as the Secretary may require, including--
                            ``(i) a statement of purpose detailing the 
                        need being addressed;
                            ``(ii) the short- and long-term goals of 
                        the project, including opportunities for future 
                        innovation and development, the potential for 
                        deployment, and benefits to riders and public 
                        transportation; and
                            ``(iii) the short- and long-term funding 
                        requirements to complete the project and any 
                        future objectives of the project.
    ``(b) Research.--
            ``(1) In general.--The Secretary may make a grant to or 
        enter into a contract, cooperative agreement, or other 
        agreement under this section with an entity described in 
        subsection (a)(2) to carry out a public transportation research 
        project that has as its ultimate goal the development and 
        deployment of new and innovative ideas, practices, and 
        approaches.
            ``(2) Project eligibility.--A public transportation 
        research project that receives assistance under paragraph (1) 
        shall focus on--
                    ``(A) providing more effective and efficient public 
                transportation service, including services to--
                            ``(i) seniors;
                            ``(ii) individuals with disabilities; and
                            ``(iii) low-income individuals;
                    ``(B) mobility management and improvements and 
                travel management systems;
                    ``(C) data and communication system advancements;
                    ``(D) system capacity, including--
                            ``(i) train control;
                            ``(ii) capacity improvements; and
                            ``(iii) performance management;
                    ``(E) capital and operating efficiencies;
                    ``(F) planning and forecasting modeling and 
                simulation;
                    ``(G) advanced vehicle design;
                    ``(H) advancements in vehicle technology;
                    ``(I) asset maintenance and repair systems 
                advancement;
                    ``(J) construction and project management;
                    ``(K) alternative fuels;
                    ``(L) the environment and energy efficiency;
                    ``(M) safety improvements; or
                    ``(N) any other area that the Secretary determines 
                is important to advance the interests of public 
                transportation.
    ``(c) Innovation and Development.--
            ``(1) In general.--The Secretary may make a grant to or 
        enter into a contract, cooperative agreement, or other 
        agreement under this section with an entity described in 
        subsection (a)(2) to carry out a public transportation 
        innovation and development project that seeks to improve public 
        transportation systems nationwide in order to provide more 
        efficient and effective delivery of public transportation 
        services, including through technology and technological 
        capacity improvements.
            ``(2) Project eligibility.--A public transportation 
        innovation and development project that receives assistance 
        under paragraph (1) shall focus on--
                    ``(A) the development of public transportation 
                research projects that received assistance under 
                subsection (b) that the Secretary determines were 
                successful;
                    ``(B) planning and forecasting modeling and 
                simulation;
                    ``(C) capital and operating efficiencies;
                    ``(D) advanced vehicle design;
                    ``(E) advancements in vehicle technology;
                    ``(F) the environment and energy efficiency;
                    ``(G) system capacity, including train control and 
                capacity improvements; or
                    ``(H) any other area that the Secretary determines 
                is important to advance the interests of public 
                transportation.
    ``(d) Demonstration, Deployment, and Evaluation.--
            ``(1) In general.--The Secretary may, under terms and 
        conditions that the Secretary prescribes, make a grant to or 
        enter into a contract, cooperative agreement, or other 
        agreement with an entity described in paragraph (2) to promote 
        the early deployment and demonstration of innovation in public 
        transportation that has broad applicability.
            ``(2) Participants.--An entity described in this paragraph 
        is--
                    ``(A) an entity described in subsection (a)(2); or
                    ``(B) a consortium of entities described in 
                subsection (a)(2), including a provider of public 
                transportation, that will share the costs, risks, and 
                rewards of early deployment and demonstration of 
                innovation.
            ``(3) Project eligibility.--A project that receives 
        assistance under paragraph (1) shall seek to build on 
        successful research, innovation, and development efforts to 
        facilitate--
                    ``(A) the deployment of research and technology 
                development resulting from private efforts or federally 
                funded efforts; and
                    ``(B) the implementation of research and technology 
                development to advance the interests of public 
                transportation.
            ``(4) Evaluation.--Not later than 2 years after the date on 
        which a project receives assistance under paragraph (1), the 
        Secretary shall conduct a comprehensive evaluation of the 
        success or failure of the projects funded under this subsection 
        and any plan for broad-based implementation of the innovation 
        promoted by successful projects.
    ``(e) Annual Report on Research.--Not later than the first Monday 
in February of each year, the Secretary shall submit to the Committee 
on Banking, Housing, and Urban Affairs and the Committee on 
Appropriations of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Appropriations of the House of 
Representatives a report that includes--
            ``(1) a description of each project that received 
        assistance under this section during the preceding fiscal year;
            ``(2) an evaluation of each project described in paragraph 
        (1), including any evaluation conducted under subsection (d)(4) 
        for the preceding fiscal year; and
            ``(3) a proposal for allocations of amounts for assistance 
        under this section for the subsequent fiscal year.
    ``(f) Government Share of Costs.--
            ``(1) In general.--The Government share of the cost of a 
        project carried out under this section shall not exceed 80 
        percent.
            ``(2) Non-government share.--The non-Government share of 
        the cost of a project carried out under this section may be 
        derived from in-kind contributions.
            ``(3) Financial benefit.--If the Secretary determines that 
        there would be a clear and direct financial benefit to an 
        entity under a grant, contract, cooperative agreement, or other 
        agreement under this section, the Secretary shall establish a 
        Government share of the costs of the project to be carried out 
        under the grant, contract, cooperative agreement, or other 
        agreement that is consistent with the benefit.''.

SEC. 20014. TECHNICAL ASSISTANCE AND STANDARDS DEVELOPMENT.

    Section 5314 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5314. Technical assistance and standards development
    ``(a) Technical Assistance and Standards Development.--
            ``(1) In general.--The Secretary may make grants and enter 
        into contracts, cooperative agreements, and other agreements 
        (including agreements with departments, agencies, and 
        instrumentalities of the Government) to carry out activities 
        that the Secretary determines will assist recipients of 
        assistance under this chapter to--
                    ``(A) more effectively and efficiently provide 
                public transportation service;
                    ``(B) administer funds received under this chapter 
                in compliance with Federal law; and
                    ``(C) improve public transportation.
            ``(2) Eligible activities.--The activities carried out 
        under paragraph (1) may include--
                    ``(A) technical assistance; and
                    ``(B) the development of standards and best 
                practices by the public transportation industry.
    ``(b) Technical Assistance Centers.--
            ``(1) Definition.--In this subsection, the term `eligible 
        entity' means a nonprofit organization, an institution of 
        higher education, or a technical or community college.
            ``(2) In general.--The Secretary may make grants to and 
        enter into contracts, cooperative agreements, and other 
        agreements with eligible entities to administer centers to 
        provide technical assistance, including--
                    ``(A) the development of tools and guidance; and
                    ``(B) the dissemination of best practices.
            ``(3) Competitive process.--The Secretary may make grants 
        and enter into contracts, cooperative agreements, and other 
        agreements under paragraph (2) through a competitive process on 
        a biennial basis for technical assistance in each of the 
        following categories:
                    ``(A) Human services transportation coordination, 
                including--
                            ``(i) transportation for seniors;
                            ``(ii) transportation for individuals with 
                        disabilities; and
                            ``(iii) coordination of local resources and 
                        programs to assist low-income individuals and 
                        veterans in gaining access to training and 
                        employment opportunities.
                    ``(B) Transit-oriented development.
                    ``(C) Transportation equity with regard to the 
                impact that transportation planning, investment, and 
                operations have on low-income and minority individuals.
                    ``(D) Financing mechanisms, including--
                            ``(i) public-private partnerships;
                            ``(ii) bonding; and
                            ``(iii) State and local capacity building.
                    ``(E) Any other activity that the Secretary 
                determines is important to advance the interests of 
                public transportation.
            ``(4) Expertise of technical assistance centers.--In 
        selecting an eligible entity to administer a center under this 
        subsection, the Secretary shall consider--
                    ``(A) the demonstrated subject matter expertise of 
                the eligible entity; and
                    ``(B) the capacity of the eligible entity to 
                deliver technical assistance on a regional or 
                nationwide basis.
            ``(5) Partnerships.--An eligible entity may partner with 
        another eligible entity to provide technical assistance under 
        this subsection.
    ``(c) Government Share of Costs.--
            ``(1) In general.--The Government share of the cost of an 
        activity under this section may not exceed 80 percent.
            ``(2) Non-government share.--The non-Government share of 
        the cost of an activity under this section may be derived from 
        in-kind contributions.''.

SEC. 20015. BUS TESTING FACILITIES.

    Section 5318 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5318. Bus testing facilities
    ``(a) Facilities.--The Secretary shall certify not more than 4 
comprehensive facilities for testing new bus models for 
maintainability, reliability, safety, performance (including braking 
performance), structural integrity, fuel economy, emissions, and noise.
    ``(b) Cooperative Agreement.--The Secretary shall enter into a 
cooperative agreement with not more than 4 qualified entities to test 
public transportation vehicles under subsection (a).
    ``(c) Fees.--An entity that operates and maintains a facility 
certified under subsection (a) shall establish and collect reasonable 
fees for the testing of vehicles at the facility. The Secretary must 
approve the fees.
    ``(d) Availability of Amounts To Pay for Testing.--
            ``(1) In general.--The Secretary shall enter into a 
        cooperative agreement with an entity that operates and 
        maintains a facility certified under subsection (a), under 
        which 80 percent of the fee for testing a vehicle at the 
        facility may be available from amounts apportioned to a 
        recipient under section 5336 or from amounts appropriated to 
        carry out this section.
            ``(2) Prohibition.--An entity that operates and maintains a 
        facility described in subsection (a) shall not have a financial 
        interest in the outcome of the testing carried out at the 
        facility.
    ``(e) Acquiring New Bus Models.--Amounts appropriated or made 
available under this chapter may be obligated or expended to acquire a 
new bus model only if--
            ``(1) a bus of that model has been tested at a facility 
        described in subsection (a); and
            ``(2) the bus tested under paragraph (1) met--
                    ``(A) performance standards for maintainability, 
                reliability, performance (including braking 
                performance), structural integrity, fuel economy, 
                emissions, and noise, as established by the Secretary 
                by rule; and
                    ``(B) the minimum safety performance standards 
                established by the Secretary pursuant to section 
                5329(b).''.

SEC. 20016. PUBLIC TRANSPORTATION WORKFORCE DEVELOPMENT AND HUMAN 
              RESOURCE PROGRAMS.

    Section 5322 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5322. Public transportation workforce development and human 
              resource programs
    ``(a) In General.--The Secretary may undertake, or make grants or 
enter into contracts for, activities that address human resource needs 
as the needs apply to public transportation activities, including 
activities that--
            ``(1) educate and train employees;
            ``(2) develop the public transportation workforce through 
        career outreach and preparation;
            ``(3) develop a curriculum for workforce development;
            ``(4) conduct outreach programs to increase minority and 
        female employment in public transportation;
            ``(5) conduct research on public transportation personnel 
        and training needs;
            ``(6) provide training and assistance for minority business 
        opportunities;
            ``(7) advance training relating to maintenance of 
        alternative energy, energy efficiency, or zero emission 
        vehicles and facilities used in public transportation; and
            ``(8) address a current or projected workforce shortage in 
        an area that requires technical expertise.
    ``(b) Funding.--
            ``(1) Urbanized area formula grants.--A recipient or 
        subrecipient of funding under section 5307 shall expend not 
        less than 0.5 percent of such funding for activities consistent 
        with subsection (a).
            ``(2) Waiver.--The Secretary may waive the requirement 
        under paragraph (1) with respect to a recipient or subrecipient 
        if the Secretary determines that the recipient or 
        subrecipient--
                    ``(A) has an adequate workforce development 
                program; or
                    ``(B) has partnered with a local educational 
                institution in a manner that sufficiently promotes or 
                addresses workforce development and human resource 
                needs.
    ``(c) Innovative Public Transportation Workforce Development 
Program.--
            ``(1) Program established.--The Secretary shall establish a 
        competitive grant program to assist the development of 
        innovative activities eligible for assistance under subsection 
        (a).
            ``(2) Selection of recipients.--To the maximum extent 
        feasible, the Secretary shall select recipients that--
                    ``(A) are geographically diverse;
                    ``(B) address the workforce and human resources 
                needs of large public transportation providers;
                    ``(C) address the workforce and human resources 
                needs of small public transportation providers;
                    ``(D) address the workforce and human resources 
                needs of urban public transportation providers;
                    ``(E) address the workforce and human resources 
                needs of rural public transportation providers;
                    ``(F) advance training related to maintenance of 
                alternative energy, energy efficiency, or zero emission 
                vehicles and facilities used in public transportation;
                    ``(G) target areas with high rates of unemployment; 
                and
                    ``(H) address current or projected workforce 
                shortages in areas that require technical expertise.
    ``(d) Government's Share of Costs.--The Government share of the 
cost of a project carried out using a grant under this section shall be 
50 percent.
    ``(e) Report.--Not later than 2 years after the date of enactment 
of the Federal Public Transportation Act of 2012, the Secretary shall 
submit to the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a report concerning the measurable outcomes 
and impacts of the programs funded under this section.''.

SEC. 20017. GENERAL PROVISIONS.

    Section 5323 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5323. General provisions
    ``(a) Interests in Property.--
            ``(1) In general.--Financial assistance provided under this 
        chapter to a State or a local governmental authority may be 
        used to acquire an interest in, or to buy property of, a 
        private company engaged in public transportation, for a capital 
        project for property acquired from a private company engaged in 
        public transportation after July 9, 1964, or to operate a 
        public transportation facility or equipment in competition 
        with, or in addition to, transportation service provided by an 
        existing public transportation company, only if--
                    ``(A) the Secretary determines that such financial 
                assistance is essential to a program of projects 
                required under sections 5303 and 5304;
                    ``(B) the Secretary determines that the program 
                provides for the participation of private companies 
                engaged in public transportation to the maximum extent 
                feasible; and
                    ``(C) just compensation under State or local law 
                will be paid to the company for its franchise or 
                property.
            ``(2) Limitation.--A governmental authority may not use 
        financial assistance of the United States Government to acquire 
        land, equipment, or a facility used in public transportation 
        from another governmental authority in the same geographic 
        area.
    ``(b) Relocation and Real Property Requirements.--The Uniform 
Relocation Assistance and Real Property Acquisition Policies Act of 
1970 (42 U.S.C. 4601 et seq.) shall apply to financial assistance for 
capital projects under this chapter.
    ``(c) Consideration of Economic, Social, and Environmental 
Interests.--
            ``(1) Cooperation and consultation.--In carrying out the 
        goal described in section 5301(c)(2), the Secretary shall 
        cooperate and consult with the Secretary of the Interior and 
        the Administrator of the Environmental Protection Agency on 
        each project that may have a substantial impact on the 
        environment.
            ``(2) Compliance with nepa.--The National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to 
        financial assistance for capital projects under this chapter.
    ``(d) Corridor Preservation.--
            ``(1) In general.--The Secretary may assist a recipient in 
        acquiring right-of-way before the completion of the 
        environmental reviews for any project that may use the right-
        of-way if the acquisition is otherwise permitted under Federal 
        law. The Secretary may establish restrictions on such an 
        acquisition as the Secretary determines to be necessary and 
        appropriate.
            ``(2) Environmental reviews.--Right-of-way acquired under 
        this subsection may not be developed in anticipation of the 
        project until all required environmental reviews for the 
        project have been completed.
    ``(e) Condition on Charter Bus Transportation Service.--
            ``(1) Agreements.--Financial assistance under this chapter 
        may be used to buy or operate a bus only if the applicant, 
        governmental authority, or publicly owned operator that 
        receives the assistance agrees that, except as provided in the 
        agreement, the governmental authority or an operator of public 
        transportation for the governmental authority will not provide 
        charter bus transportation service outside the urban area in 
        which it provides regularly scheduled public transportation 
        service. An agreement shall provide for a fair arrangement the 
        Secretary of Transportation considers appropriate to ensure 
        that the assistance will not enable a governmental authority or 
        an operator for a governmental authority to foreclose a private 
        operator from providing intercity charter bus service if the 
        private operator can provide the service.
            ``(2) Violations.--
                    ``(A) Investigations.--On receiving a complaint 
                about a violation of the agreement required under 
                paragraph (1), the Secretary shall investigate and 
                decide whether a violation has occurred.
                    ``(B) Enforcement of agreements.--If the Secretary 
                decides that a violation has occurred, the Secretary 
                shall correct the violation under terms of the 
                agreement.
                    ``(C) Additional remedies.--In addition to any 
                remedy specified in the agreement, the Secretary shall 
                bar a recipient or an operator from receiving Federal 
                transit assistance in an amount the Secretary considers 
                appropriate if the Secretary finds a pattern of 
                violations of the agreement.
    ``(f) Bond Proceeds Eligible for Local Share.--
            ``(1) Use as local matching funds.--Notwithstanding any 
        other provision of law, a recipient of assistance under section 
        5307, 5309, or 5337 may use the proceeds from the issuance of 
        revenue bonds as part of the local matching funds for a capital 
        project.
            ``(2) Maintenance of effort.--The Secretary shall approve 
        of the use of the proceeds from the issuance of revenue bonds 
        for the remainder of the net project cost only if the Secretary 
        finds that the aggregate amount of financial support for public 
        transportation in the urbanized area provided by the State and 
        affected local governmental authorities during the next 3 
        fiscal years, as programmed in the State transportation 
        improvement program under section 5304, is not less than the 
        aggregate amount provided by the State and affected local 
        governmental authorities in the urbanized area during the 
        preceding 3 fiscal years.
            ``(3) Debt service reserve.--The Secretary may reimburse an 
        eligible recipient for deposits of bond proceeds in a debt 
        service reserve that the recipient establishes pursuant to 
        section 5302(3)(J) from amounts made available to the recipient 
        under section 5309.
    ``(g) Schoolbus Transportation.--
            ``(1) Agreements.--Financial assistance under this chapter 
        may be used for a capital project, or to operate public 
        transportation equipment or a public transportation facility, 
        only if the applicant agrees not to provide schoolbus 
        transportation that exclusively transports students and school 
        personnel in competition with a private schoolbus operator. 
        This subsection does not apply--
                    ``(A) to an applicant that operates a school system 
                in the area to be served and a separate and exclusive 
                schoolbus program for the school system; and
                    ``(B) unless a private schoolbus operator can 
                provide adequate transportation that complies with 
                applicable safety standards at reasonable rates.
            ``(2) Violations.--If the Secretary finds that an 
        applicant, governmental authority, or publicly owned operator 
        has violated the agreement required under paragraph (1), the 
        Secretary shall bar a recipient or an operator from receiving 
        Federal transit assistance in an amount the Secretary considers 
        appropriate.
    ``(h) Buying Buses Under Other Laws.--Subsections (e) and (g) of 
this section apply to financial assistance to buy a bus under sections 
133 and 142 of title 23.
    ``(i) Grant and Loan Prohibitions.--A grant or loan may not be used 
to--
            ``(1) pay ordinary governmental or nonproject operating 
        expenses; or
            ``(2) support a procurement that uses an exclusionary or 
        discriminatory specification.
    ``(j) Government Share of Costs for Certain Projects.--A grant for 
a project to be assisted under this chapter that involves acquiring 
vehicle-related equipment or facilities required by the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related 
equipment or facilities (including clean fuel or alternative fuel 
vehicle-related equipment or facilities) for purposes of complying with 
or maintaining compliance with the Clean Air Act, is for 90 percent of 
the net project cost of such equipment or facilities attributable to 
compliance with those Acts. The Secretary shall have discretion to 
determine, through practicable administrative procedures, the costs of 
such equipment or facilities attributable to compliance with those 
Acts.
    ``(k) Buy America.--
            ``(1) In general.--The Secretary may obligate an amount 
        that may be appropriated to carry out this chapter for a 
        project only if the steel, iron, and manufactured goods used in 
        the project are produced in the United States.
            ``(2) Waiver.--The Secretary may waive paragraph (1) of 
        this subsection if the Secretary finds that--
                    ``(A) applying paragraph (1) would be inconsistent 
                with the public interest;
                    ``(B) the steel, iron, and goods produced in the 
                United States are not produced in a sufficient and 
                reasonably available amount or are not of a 
                satisfactory quality;
                    ``(C) when procuring rolling stock (including train 
                control, communication, and traction power equipment) 
                under this chapter--
                            ``(i) the cost of components and 
                        subcomponents produced in the United States is 
                        more than 60 percent of the cost of all 
                        components of the rolling stock; and
                            ``(ii) final assembly of the rolling stock 
                        has occurred in the United States; or
                    ``(D) including domestic material will increase the 
                cost of the overall project by more than 25 percent.
            ``(3) Written waiver determination and annual report.--
                    ``(A) Written determination.--Before issuing a 
                waiver under paragraph (2), the Secretary shall--
                            ``(i) publish in the Federal Register and 
                        make publicly available in an easily 
                        identifiable location on the website of the 
                        Department of Transportation a detailed written 
                        explanation of the waiver determination; and
                            ``(ii) provide the public with a reasonable 
                        period of time for notice and comment.
                    ``(B) Annual report.--Not later than 1 year after 
                the date of enactment of the Federal Public 
                Transportation Act of 2012, and annually thereafter, 
                the Secretary shall submit to the Committee on Banking, 
                Housing, and Urban Affairs of the Senate and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives a report listing any waiver 
                issued under paragraph (2) during the preceding year.
            ``(4) Labor costs for final assembly.--In this subsection, 
        labor costs involved in final assembly are not included in 
        calculating the cost of components.
            ``(5) Waiver prohibited.--The Secretary may not make a 
        waiver under paragraph (2) of this subsection for goods 
        produced in a foreign country if the Secretary, in consultation 
        with the United States Trade Representative, decides that the 
        government of that foreign country--
                    ``(A) has an agreement with the United States 
                Government under which the Secretary has waived the 
                requirement of this subsection; and
                    ``(B) has violated the agreement by discriminating 
                against goods to which this subsection applies that are 
                produced in the United States and to which the 
                agreement applies.
            ``(6) Penalty for mislabeling and misrepresentation.--A 
        person is ineligible under subpart 9.4 of the Federal 
        Acquisition Regulation, or any successor thereto, to receive a 
        contract or subcontract made with amounts authorized under the 
        Federal Public Transportation Act of 2012 if a court or 
        department, agency, or instrumentality of the Government 
        decides the person intentionally--
                    ``(A) affixed a `Made in America' label, or a label 
                with an inscription having the same meaning, to goods 
                sold in or shipped to the United States that are used 
                in a project to which this subsection applies but not 
                produced in the United States; or
                    ``(B) represented that goods described in 
                subparagraph (A) of this paragraph were produced in the 
                United States.
            ``(7) State requirements.--The Secretary may not impose any 
        limitation on assistance provided under this chapter that 
        restricts a State from imposing more stringent requirements 
        than this subsection on the use of articles, materials, and 
        supplies mined, produced, or manufactured in foreign countries 
        in projects carried out with that assistance or restricts a 
        recipient of that assistance from complying with those State-
        imposed requirements.
            ``(8) Opportunity to correct inadvertent error.--The 
        Secretary may allow a manufacturer or supplier of steel, iron, 
        or manufactured goods to correct after bid opening any 
        certification of noncompliance or failure to properly complete 
        the certification (but not including failure to sign the 
        certification) under this subsection if such manufacturer or 
        supplier attests under penalty of perjury that such 
        manufacturer or supplier submitted an incorrect certification 
        as a result of an inadvertent or clerical error. The burden of 
        establishing inadvertent or clerical error is on the 
        manufacturer or supplier.
            ``(9) Administrative review.--A party adversely affected by 
        an agency action under this subsection shall have the right to 
        seek review under section 702 of title 5.
            ``(10) Application to transit programs.--The requirements 
        under this subsection shall apply to all contracts eligible for 
        assistance under this chapter for a project carried out within 
        the scope of the applicable finding, determination, or decision 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.), regardless of the funding source of such 
        contracts, if at least 1 contract for the project is funded 
        with amounts made available to carry out this chapter.
    ``(l) Participation of Governmental Agencies in Design and Delivery 
of Transportation Services.--Governmental agencies and nonprofit 
organizations that receive assistance from Government sources (other 
than the Department of Transportation) for nonemergency transportation 
services shall--
            ``(1) participate and coordinate with recipients of 
        assistance under this chapter in the design and delivery of 
        transportation services; and
            ``(2) be included in the planning for those services.
    ``(m) Relationship to Other Laws.--
            ``(1) Fraud and false statements.--Section 1001 of title 18 
        applies to a certificate, submission, or statement provided 
        under this chapter. The Secretary may terminate financial 
        assistance under this chapter and seek reimbursement directly, 
        or by offsetting amounts, available under this chapter if the 
        Secretary determines that a recipient of such financial 
        assistance has made a false or fraudulent statement or related 
        act in connection with a Federal public transportation program.
            ``(2) Political activities of nonsupervisory employees.--
        The provision of assistance under this chapter shall not be 
        construed to require the application of chapter 15 of title 5 
        to any nonsupervisory employee of a public transportation 
        system (or any other agency or entity performing related 
        functions) to whom such chapter does not otherwise apply.
    ``(n) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--The Secretary shall prescribe regulations requiring a 
preaward and postdelivery review of a grant under this chapter to buy 
rolling stock to ensure compliance with Government motor vehicle safety 
requirements, subsection (k) of this section, and bid specifications 
requirements of grant recipients under this chapter. Under this 
subsection, independent inspections and review are required, and a 
manufacturer certification is not sufficient. Rolling stock 
procurements of 20 vehicles or fewer made for the purpose of serving 
other than urbanized areas and urbanized areas with populations of 
200,000 or fewer shall be subject to the same requirements as 
established for procurements of 10 or fewer buses under the post-
delivery purchaser's requirements certification process under section 
663.37(c) of title 49, Code of Federal Regulations.
    ``(o) Submission of Certifications.--A certification required under 
this chapter and any additional certification or assurance required by 
law or regulation to be submitted to the Secretary may be consolidated 
into a single document to be submitted annually as part of a grant 
application under this chapter. The Secretary shall publish annually a 
list of all certifications required under this chapter with the 
publication required under section 5336(d)(2).
    ``(p) Grant Requirements.--The grant requirements under sections 
5307, 5309, and 5337 apply to any project under this chapter that 
receives any assistance or other financing under chapter 6 (other than 
section 609) of title 23.
    ``(q) Alternative Fueling Facilities.--A recipient of assistance 
under this chapter may allow the incidental use of federally funded 
alternative fueling facilities and equipment by nontransit public 
entities and private entities if--
            ``(1) the incidental use does not interfere with the 
        recipient's public transportation operations;
            ``(2) all costs related to the incidental use are fully 
        recaptured by the recipient from the nontransit public entity 
        or private entity;
            ``(3) the recipient uses revenues received from the 
        incidental use in excess of costs for planning, capital, and 
        operating expenses that are incurred in providing public 
        transportation; and
            ``(4) private entities pay all applicable excise taxes on 
        fuel.
    ``(r) Fixed Guideway Categorical Exclusion.--
            ``(1) Study.--Not later than 6 months after the date of 
        enactment of the Federal Public Transportation Act of 2012, the 
        Secretary shall conduct a study to determine the feasibility of 
        providing a categorical exclusion for streetcar, bus rapid 
        transit, and light rail projects located within an existing 
        transportation right-of-way from the requirements of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) in accordance with the Council on Environmental Quality 
        implementing regulations under parts 1500 through 1508 of title 
        40, Code of Federal Regulations, or any successor thereto.
            ``(2) Findings and rules.--Not later than 1 year after the 
        date of enactment of the Federal Public Transportation Act of 
        2012, the Secretary shall issue findings and, if appropriate, 
        issue rules to provide categorical exclusions for suitable 
        categories of projects.''.

SEC. 20018. CONTRACT REQUIREMENTS.

    Section 5325 of title 49, United States Code, is amended--
            (1) in subsection (e), by striking paragraph (1) and 
        inserting the following:
            ``(1) Contracts.--A recipient procuring rolling stock with 
        Government financial assistance under this chapter may make a 
        multiyear contract to buy the rolling stock and replacement 
        parts under which the recipient has an option to buy additional 
        rolling stock or replacement parts for--
                    ``(A) not more than 5 years after the date of the 
                original contract for bus procurements; and
                    ``(B) not more than 7 years after the date of the 
                original contract for rail procurements, provided that 
                such option does not allow for significant changes or 
                alterations to the rolling stock.''.
            (2) in subsection (h), by striking ``Federal Public 
        Transportation Act of 2005'' and inserting ``Federal Public 
        Transportation Act of 2012'';
            (3) in subsection (j)(2)(C), by striking ``, including the 
        performance reported in the Contractor Performance Assessment 
        Reports required under section 5309(l)(2)''; and
            (4) by adding at the end the following:
    ``(k) Veterans Employment.--Recipients and subrecipients of Federal 
financial assistance under this chapter shall ensure that contractors 
working on a capital project funded using such assistance give a hiring 
preference to veterans, as defined in section 2108 of title 5, who have 
the requisite skills and abilities to perform the construction work 
required under the contract.''.

SEC. 20019. TRANSIT ASSET MANAGEMENT.

    Section 5326 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5326. Transit asset management
    ``(a) Definitions.--In this section the following definitions shall 
apply:
            ``(1) Capital asset.--The term `capital asset' includes 
        equipment, rolling stock, infrastructure, and facilities for 
        use in public transportation and owned or leased by a recipient 
        or subrecipient of Federal financial assistance under this 
        chapter.
            ``(2) Transit asset management plan.--The term `transit 
        asset management plan' means a plan developed by a recipient of 
        funding under this chapter that--
                    ``(A) includes, at a minimum, capital asset 
                inventories and condition assessments, decision support 
                tools, and investment prioritization; and
                    ``(B) the recipient certifies complies with the 
                rule issued under this section.
            ``(3) Transit asset management system.--The term `transit 
        asset management system' means a strategic and systematic 
        process of operating, maintaining, and improving public 
        transportation capital assets effectively throughout the life 
        cycle of such assets.
    ``(b) Transit Asset Management System.--The Secretary shall 
establish and implement a national transit asset management system, 
which shall include--
            ``(1) a definition of the term `state of good repair' that 
        includes objective standards for measuring the condition of 
        capital assets of recipients, including equipment, rolling 
        stock, infrastructure, and facilities;
            ``(2) a requirement that recipients and subrecipients of 
        Federal financial assistance under this chapter develop a 
        transit asset management plan;
            ``(3) a requirement that each recipient of Federal 
        financial assistance under this chapter report on the condition 
        of the system of the recipient and provide a description of any 
        change in condition since the last report;
            ``(4) an analytical process or decision support tool for 
        use by public transportation systems that--
                    ``(A) allows for the estimation of capital 
                investment needs of such systems over time; and
                    ``(B) assists with asset investment prioritization 
                by such systems; and
            ``(5) technical assistance to recipients of Federal 
        financial assistance under this chapter.
    ``(c) Performance Measures and Targets.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Federal Public Transportation Act of 2012, the 
        Secretary shall issue a final rule to establish performance 
        measures based on the state of good repair standards 
        established under subsection (b)(1).
            ``(2) Targets.--Not later than 3 months after the date on 
        which the Secretary issues a final rule under paragraph (1), 
        and each fiscal year thereafter, each recipient of Federal 
        financial assistance under this chapter shall establish 
        performance targets in relation to the performance measures 
        established by the Secretary.
            ``(3) Reports.--Each recipient of Federal financial 
        assistance under this chapter shall submit to the Secretary an 
        annual report that describes--
                    ``(A) the progress of the recipient during the 
                fiscal year to which the report relates toward meeting 
                the performance targets established under paragraph (2) 
                for that fiscal year; and
                    ``(B) the performance targets established by the 
                recipient for the subsequent fiscal year.
    ``(d) Rulemaking.--Not later than 1 year after the date of 
enactment of the Federal Public Transportation Act of 2012, the 
Secretary shall issue a final rule to implement the transit asset 
management system described in subsection (b).''.

SEC. 20020. PROJECT MANAGEMENT OVERSIGHT.

    Section 5327 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``United States'' and all that follows through 
                ``Secretary of Transportation'' and inserting the 
                following: ``Federal financial assistance for a major 
                capital project for public transportation under this 
                chapter or any other provision of Federal law, a 
                recipient must prepare a project management plan 
                approved by the Secretary and carry out the project in 
                accordance with the project management plan''; and
                    (B) in paragraph (12), by striking ``each month'' 
                and inserting ``quarterly'';
            (2) by striking subsections (c), (d), and (f);
            (3) by inserting after subsection (b) the following:
    ``(c) Access to Sites and Records.--Each recipient of Federal 
financial assistance for public transportation under this chapter or 
any other provision of Federal law shall provide the Secretary and a 
contractor the Secretary chooses under section 5338(g) with access to 
the construction sites and records of the recipient when reasonably 
necessary.'';
            (4) by redesignating subsection (e) as subsection (d); and
            (5) in subsection (d), as so redesignated--
                    (A) in paragraph (1), by striking ``subsection (c) 
                of this section'' and inserting ``section 5338(g)''; 
                and
                    (B) in paragraph (2)--
                            (i) by striking ``preliminary engineering 
                        stage'' and inserting ``project development 
                        phase''; and
                            (ii) by striking ``another stage'' and 
                        inserting ``another phase''.

SEC. 20021. PUBLIC TRANSPORTATION SAFETY.

    (a) Public Transportation Safety Program.--Section 5329 of title 
49, United States Code, is amended to read as follows:
``Sec. 5329. Public transportation safety program
    ``(a) Definition.--In this section, the term `recipient' means a 
State or local governmental authority, or any other operator of a 
public transportation system, that receives financial assistance under 
this chapter.
    ``(b) National Public Transportation Safety Plan.--
            ``(1) In general.--The Secretary shall create and implement 
        a national public transportation safety plan to improve the 
        safety of all public transportation systems that receive 
        funding under this chapter.
            ``(2) Contents of plan.--The national public transportation 
        safety plan under paragraph (1) shall include--
                    ``(A) safety performance criteria for all modes of 
                public transportation;
                    ``(B) the definition of the term `state of good 
                repair' established under section 5326(b);
                    ``(C) minimum safety performance standards for 
                public transportation vehicles used in revenue 
                operations that--
                            ``(i) do not apply to rolling stock 
                        otherwise regulated by the Secretary or any 
                        other Federal agency; and
                            ``(ii) to the extent practicable, take into 
                        consideration--
                                    ``(I) relevant recommendations of 
                                the National Transportation Safety 
                                Board; and
                                    ``(II) recommendations of, and best 
                                practices standards developed by, the 
                                public transportation industry; and
                    ``(D) a public transportation safety certification 
                training program, as described in subsection (c).
    ``(c) Public Transportation Safety Certification Training 
Program.--
            ``(1) In general.--The Secretary shall establish a public 
        transportation safety certification training program for 
        Federal and State employees, or other designated personnel, who 
        conduct safety audits and examinations of public transportation 
        systems and employees of public transportation agencies 
        directly responsible for safety oversight.
            ``(2) Interim provisions.--Not later than 90 days after the 
        date of enactment of the Federal Public Transportation Act of 
        2012, the Secretary shall establish interim provisions for the 
        certification and training of the personnel described in 
        paragraph (1), which shall be in effect until the effective 
        date of the final rule issued by the Secretary to implement 
        this subsection.
    ``(d) Public Transportation Agency Safety Plan.--
            ``(1) In general.--Effective 1 year after the effective 
        date of a final rule issued by the Secretary to carry out this 
        subsection, each recipient shall certify that the recipient has 
        established a comprehensive agency safety plan that includes, 
        at a minimum--
                    ``(A) a requirement that the board of directors (or 
                equivalent entity) of the recipient approve the agency 
                safety plan and any updates to the agency safety plan;
                    ``(B) methods for identifying and evaluating safety 
                risks throughout all elements of the public 
                transportation system of the recipient;
                    ``(C) strategies to minimize the exposure of the 
                public, personnel, and property to hazards and unsafe 
                conditions;
                    ``(D) a process and timeline for conducting an 
                annual review and update of the safety plan of the 
                recipient;
                    ``(E) performance targets based on the safety 
                performance criteria and state of good repair standards 
                established under subparagraphs (A) and (B), 
                respectively, of subsection (b)(2);
                    ``(F) assignment of an adequately trained safety 
                officer who reports directly to the general manager, 
                president, or equivalent officer of the recipient; and
                    ``(G) a comprehensive staff training program for 
                the operations personnel and personnel directly 
                responsible for safety of the recipient that includes--
                            ``(i) the completion of a safety training 
                        program; and
                            ``(ii) continuing safety education and 
                        training.
            ``(2) Interim agency safety plan.--A system safety plan 
        developed pursuant to part 659 of title 49, Code of Federal 
        Regulations, as in effect on the date of enactment of the 
        Federal Public Transportation Act of 2012, shall remain in 
        effect until such time as this subsection takes effect.
    ``(e) State Safety Oversight Program.--
            ``(1) Applicability.--This subsection applies only to 
        eligible States.
            ``(2) Definition.--In this subsection, the term `eligible 
        State' means a State that has--
                    ``(A) a rail fixed guideway public transportation 
                system within the jurisdiction of the State that is not 
                subject to regulation by the Federal Railroad 
                Administration; or
                    ``(B) a rail fixed guideway public transportation 
                system in the engineering or construction phase of 
                development within the jurisdiction of the State that 
                will not be subject to regulation by the Federal 
                Railroad Administration.
            ``(3) In general.--In order to obligate funds apportioned 
        under section 5338 to carry out this chapter, effective 3 years 
        after the date on which a final rule under this subsection 
        becomes effective, an eligible State shall have in effect a 
        State safety oversight program approved by the Secretary under 
        which the State--
                    ``(A) assumes responsibility for overseeing rail 
                fixed guideway public transportation safety;
                    ``(B) adopts and enforces Federal law on rail fixed 
                guideway public transportation safety;
                    ``(C) establishes a State safety oversight agency;
                    ``(D) determines, in consultation with the 
                Secretary, an appropriate staffing level for the State 
                safety oversight agency that is commensurate with the 
                number, size, and complexity of the rail fixed guideway 
                public transportation systems in the eligible State;
                    ``(E) requires that employees and other designated 
                personnel of the eligible State safety oversight agency 
                who are responsible for rail fixed guideway public 
                transportation safety oversight are qualified to 
                perform such functions through appropriate training, 
                including successful completion of the public 
                transportation safety certification training program 
                established under subsection (c); and
                    ``(F) prohibits any public transportation agency 
                from providing funds to the State safety oversight 
                agency or an entity designated by the eligible State as 
                the State safety oversight agency under paragraph (4).
            ``(4) State safety oversight agency.--
                    ``(A) In general.--Each State safety oversight 
                program shall establish a State safety oversight agency 
                that--
                            ``(i) is an independent legal entity 
                        responsible for the safety of rail fixed 
                        guideway public transportation systems;
                            ``(ii) is financially and legally 
                        independent from any public transportation 
                        entity that the State safety oversight agency 
                        oversees;
                            ``(iii) does not fund, promote, or provide 
                        public transportation services;
                            ``(iv) does not employ any individual who 
                        is also responsible for the administration of 
                        public transportation programs;
                            ``(v) has the authority to review, approve, 
                        oversee, and enforce the implementation by the 
                        rail fixed guideway public transportation 
                        agency of the public transportation agency 
                        safety plan required under subsection (d);
                            ``(vi) has investigative and enforcement 
                        authority with respect to the safety of rail 
                        fixed guideway public transportation systems of 
                        the eligible State;
                            ``(vii) audits, at least once triennially, 
                        the compliance of the rail fixed guideway 
                        public transportation systems in the eligible 
                        State subject to this subsection with the 
                        public transportation agency safety plan 
                        required under subsection (d); and
                            ``(viii) provides, at least once annually, 
                        a status report on the safety of the rail fixed 
                        guideway public transportation systems the 
                        State safety oversight agency oversees to--
                                    ``(I) the Federal Transit 
                                Administration;
                                    ``(II) the Governor of the eligible 
                                State; and
                                    ``(III) the board of directors, or 
                                equivalent entity, of any rail fixed 
                                guideway public transportation system 
                                that the State safety oversight agency 
                                oversees.
                    ``(B) Waiver.--At the request of an eligible State, 
                the Secretary may waive clauses (i) and (iii) of 
                subparagraph (A) for eligible States with 1 or more 
                rail fixed guideway systems in revenue operations, 
                design, or construction, that--
                            ``(i) have fewer than 1,000,000 combined 
                        actual and projected rail fixed guideway 
                        revenue miles per year; or
                            ``(ii) provide fewer than 10,000,000 
                        combined actual and projected unlinked 
                        passenger trips per year.
            ``(5) Enforcement.--Each State safety oversight agency 
        shall have the authority to request that the Secretary take 
        enforcement actions available under subsection (g) against a 
        rail fixed guideway public transportation system that is not in 
        compliance with Federal safety laws.
            ``(6) Programs for multi-state rail fixed guideway public 
        transportation systems.--An eligible State that has within the 
        jurisdiction of the eligible State a rail fixed guideway public 
        transportation system that operates in more than 1 eligible 
        State shall--
                    ``(A) jointly with all other eligible States in 
                which the rail fixed guideway public transportation 
                system operates, ensure uniform safety standards and 
                enforcement procedures that shall be in compliance with 
                this section, and establish and implement a State 
                safety oversight program approved by the Secretary; or
                    ``(B) jointly with all other eligible States in 
                which the rail fixed guideway public transportation 
                system operates, designate an entity having 
                characteristics consistent with the characteristics 
                described in paragraph (3) to carry out the State 
                safety oversight program approved by the Secretary.
            ``(7) Grants.--
                    ``(A) In general.--The Secretary may make a grant 
                to an eligible State to develop or carry out a State 
                safety oversight program, if the eligible State 
                submits--
                            ``(i) a proposal for the establishment of a 
                        State safety oversight program to the Secretary 
                        for review and written approval before 
                        implementing a State safety oversight program; 
                        and
                            ``(ii) any amendment to the State safety 
                        oversight program of the eligible State to the 
                        Secretary for review not later than 60 days 
                        before the effective date of the amendment.
                    ``(B) Determination by secretary.--
                            ``(i) In general.--The Secretary shall 
                        transmit written approval to an eligible State 
                        that submits a State safety oversight program, 
                        if the Secretary determines the State safety 
                        oversight program meets the requirements of 
                        this subsection and the State safety oversight 
                        program is adequate to promote the purposes of 
                        this section.
                            ``(ii) Amendment.--The Secretary shall 
                        transmit to an eligible State that submits an 
                        amendment under subparagraph (A)(ii) a written 
                        determination with respect to the amendment.
                            ``(iii) No written decision.--If an 
                        eligible State does not receive a written 
                        decision from the Secretary with respect to an 
                        amendment submitted under subparagraph (A)(ii) 
                        before the end of the 60-day period beginning 
                        on the date on which the eligible State submits 
                        the amendment, the amendment shall be deemed to 
                        be approved.
                            ``(iv) Disapproval.--If the Secretary 
                        determines that a State safety oversight 
                        program does not meet the requirements of this 
                        subsection, the Secretary shall transmit to the 
                        eligible State a written explanation and allow 
                        the eligible State to modify and resubmit the 
                        State safety oversight program for approval.
                    ``(C) Government share.--
                            ``(i) In general.--The Government share of 
                        the reasonable cost of a State safety oversight 
                        program developed or carried out using a grant 
                        under this paragraph shall be 80 percent.
                            ``(ii) In-kind contributions.--Any 
                        calculation of the non-Government share of a 
                        State safety oversight program shall include 
                        in-kind contributions by an eligible State.
                            ``(iii) Non-government share.--The non-
                        Government share of the cost of a State safety 
                        oversight program developed or carried out 
                        using a grant under this paragraph may not be 
                        met by--
                                    ``(I) any Federal funds;
                                    ``(II) any funds received from a 
                                public transportation agency; or
                                    ``(III) any revenues earned by a 
                                public transportation agency.
                            ``(iv) Safety training program.--The 
                        Secretary may reimburse an eligible State or a 
                        recipient for the full costs of participation 
                        in the public transportation safety 
                        certification training program established 
                        under subsection (c) by an employee of a State 
                        safety oversight agency or a recipient who is 
                        directly responsible for safety oversight.
            ``(8) Continual evaluation of program.--The Secretary shall 
        continually evaluate the implementation of a State safety 
        oversight program by a State safety oversight agency, on the 
        basis of--
                    ``(A) reports submitted by the State safety 
                oversight agency under paragraph (4)(A)(viii); and
                    ``(B) audits carried out by the Secretary.
            ``(9) Inadequate program.--
                    ``(A) In general.--If the Secretary finds that a 
                State safety oversight program approved by the 
                Secretary is not being carried out in accordance with 
                this section or has become inadequate to ensure the 
                enforcement of Federal safety regulations, the 
                Secretary shall--
                            ``(i) transmit to the eligible State a 
                        written explanation of the reason the program 
                        has become inadequate and inform the State of 
                        the intention to withhold funds, including the 
                        amount of funds proposed to be withheld under 
                        this section, or withdraw approval of the State 
                        safety oversight program; and
                            ``(ii) allow the eligible State a 
                        reasonable period of time to modify the State 
                        safety oversight program or implementation of 
                        the program and submit an updated proposal for 
                        the State safety oversight program to the 
                        Secretary for approval.
                    ``(B) Failure to correct.--If the Secretary 
                determines that a modification by an eligible State of 
                the State safety oversight program is not sufficient to 
                ensure the enforcement of Federal safety regulations, 
                the Secretary may--
                            ``(i) withhold funds available under this 
                        section in an amount determined by the 
                        Secretary; or
                            ``(ii) provide written notice of withdrawal 
                        of State safety oversight program approval.
                    ``(C) Temporary oversight.--In the event the 
                Secretary takes action under subparagraph (B)(ii), the 
                Secretary shall provide oversight of the rail fixed 
                guideway systems in an eligible State until the State 
                submits a State safety oversight program approved by 
                the Secretary.
                    ``(D) Restoration.--
                            ``(i) Correction.--The eligible State shall 
                        address any inadequacy to the satisfaction of 
                        the Secretary prior to the Secretary restoring 
                        funds withheld under this paragraph.
                            ``(ii) Availability and reallocation.--Any 
                        funds withheld under this paragraph shall 
                        remain available for restoration to the 
                        eligible State until the end of the first 
                        fiscal year after the fiscal year in which the 
                        funds were withheld, after which time the funds 
                        shall be available to the Secretary for 
                        allocation to other eligible States under this 
                        section.
            ``(10) Federal oversight.--The Secretary shall--
                    ``(A) oversee the implementation of each State 
                safety oversight program under this subsection;
                    ``(B) audit the operations of each State safety 
                oversight agency at least once triennially; and
                    ``(C) issue rules to carry out this subsection.
    ``(f) Authority of Secretary.--In carrying out this section, the 
Secretary may--
            ``(1) conduct inspections, investigations, audits, 
        examinations, and testing of the equipment, facilities, rolling 
        stock, and operations of the public transportation system of a 
        recipient;
            ``(2) make reports and issue directives with respect to the 
        safety of the public transportation system of a recipient;
            ``(3) in conjunction with an accident investigation or an 
        investigation into a pattern or practice of conduct that 
        negatively affects public safety, issue a subpoena to, and take 
        the deposition of, any employee of a recipient or a State 
        safety oversight agency, if--
                    ``(A) before the issuance of the subpoena, the 
                Secretary requests a determination by the Attorney 
                General of the United States as to whether the subpoena 
                will interfere with an ongoing criminal investigation; 
                and
                    ``(B) the Attorney General--
                            ``(i) determines that the subpoena will not 
                        interfere with an ongoing criminal 
                        investigation; or
                            ``(ii) fails to make a determination under 
                        clause (i) before the date that is 30 days 
                        after the date on which the Secretary makes a 
                        request under subparagraph (A);
            ``(4) require the production of documents by, and prescribe 
        recordkeeping and reporting requirements for, a recipient or a 
        State safety oversight agency;
            ``(5) investigate public transportation accidents and 
        incidents and provide guidance to recipients regarding 
        prevention of accidents and incidents;
            ``(6) at reasonable times and in a reasonable manner, enter 
        and inspect equipment, facilities, rolling stock, operations, 
        and relevant records of the public transportation system of a 
        recipient; and
            ``(7) issue rules to carry out this section.
    ``(g) Enforcement Actions.--
            ``(1) Types of enforcement actions.--The Secretary may take 
        enforcement action against a recipient that does not comply 
        with Federal law with respect to the safety of the public 
        transportation system, including--
                    ``(A) issuing directives;
                    ``(B) requiring more frequent oversight of the 
                recipient by a State safety oversight agency or the 
                Secretary;
                    ``(C) imposing more frequent reporting 
                requirements;
                    ``(D) requiring that any Federal financial 
                assistance provided under this chapter be spent on 
                correcting safety deficiencies identified by the 
                Secretary or the State safety oversight agency before 
                such funds are spent on other projects;
                    ``(E) subject to paragraph (2), withholding Federal 
                financial assistance, in an amount to be determined by 
                the Secretary, from the recipient, until such time as 
                the recipient comes into compliance with this section; 
                and
                    ``(F) subject to paragraph (3), imposing a civil 
                penalty, in an amount to be determined by the 
                Secretary.
            ``(2) Use or withholding of funds.--
                    ``(A) In general.--The Secretary may require the 
                use of funds in accordance with paragraph (1)(D), or 
                withhold funds under paragraph (1)(E), only if the 
                Secretary finds that a recipient is engaged in a 
                pattern or practice of serious safety violations or has 
                otherwise refused to comply with Federal law relating 
                to the safety of the public transportation system.
                    ``(B) Notice.--Before withholding funds from a 
                recipient under paragraph (1)(E), the Secretary shall 
                provide to the recipient--
                            ``(i) written notice of a violation and the 
                        amount proposed to be withheld; and
                            ``(ii) a reasonable period of time within 
                        which the recipient may address the violation 
                        or propose and initiate an alternative means of 
                        compliance that the Secretary determines is 
                        acceptable.
                    ``(C) Failure to address.--If the recipient does 
                not address the violation or propose an alternative 
                means of compliance that the Secretary determines is 
                acceptable within the period of time specified in the 
                written notice, the Secretary may withhold funds under 
                paragraph (1)(E).
                    ``(D) Restoration.--
                            ``(i) Correction.--The recipient shall 
                        address any violation to the satisfaction of 
                        the Secretary prior to the Secretary restoring 
                        funds withheld under paragraph (1)(E).
                            ``(ii) Availability and reallocation.--Any 
                        funds withheld under paragraph (1)(E) shall 
                        remain available for restoration to the 
                        recipient until the end of the first fiscal 
                        year after the fiscal year in which the funds 
                        were withheld, after which time the funds shall 
                        be available to the Secretary for allocation to 
                        other eligible recipients.
                    ``(E) Notification.--Not later than 3 days before 
                taking any action under subparagraph (C), the Secretary 
                shall notify the Committee on Banking, Housing, and 
                Urban Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives of such action.
            ``(3) Civil penalties.--
                    ``(A) Imposition of civil penalties.--
                            ``(i) In general.--The Secretary may impose 
                        a civil penalty under paragraph (1)(F) only 
                        if--
                                    ``(I) the Secretary has exhausted 
                                the enforcement actions available under 
                                subparagraphs (A) through (E) of 
                                paragraph (1); and
                                    ``(II) the recipient continues to 
                                be in violation of Federal safety law.
                            ``(ii) Exception.--The Secretary may waive 
                        the requirement under clause (i)(I) if the 
                        Secretary determines that such a waiver is in 
                        the public interest.
                    ``(B) Notice.--Before imposing a civil penalty on a 
                recipient under paragraph (1)(F), the Secretary shall 
                provide to the recipient--
                            ``(i) written notice of any violation and 
                        the penalty proposed to be imposed; and
                            ``(ii) a reasonable period of time within 
                        which the recipient may address the violation 
                        or propose and initiate an alternative means of 
                        compliance that the Secretary determines is 
                        acceptable.
                    ``(C) Failure to address.--If the recipient does 
                not address the violation or propose an alternative 
                means of compliance that the Secretary determines is 
                acceptable within the period of time specified in the 
                written notice, the Secretary may impose a civil 
                penalty under paragraph (1)(F).
                    ``(D) Notification.--Not later than 3 days before 
                taking any action under subparagraph (C), the Secretary 
                shall notify the Committee on Banking, Housing, and 
                Urban Affairs of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives of such action.
                    ``(E) Deposit of civil penalties.--Any amounts 
                collected by the Secretary under this paragraph shall 
                be deposited into the Mass Transit Account of the 
                Highway Trust Fund.
            ``(4) Enforcement by the attorney general.--At the request 
        of the Secretary, the Attorney General may bring a civil 
        action--
                    ``(A) for appropriate injunctive relief to ensure 
                compliance with this section;
                    ``(B) to collect a civil penalty imposed under 
                paragraph (1)(F); and
                    ``(C) to enforce a subpoena, request for 
                admissions, request for production of documents or 
                other tangible things, or request for testimony by 
                deposition issued by the Secretary under this section.
    ``(h) Cost-benefit Analysis.--
            ``(1) Analysis required.--In carrying out this section, the 
        Secretary shall take into consideration the costs and benefits 
        of each action the Secretary proposes to take under this 
        section.
            ``(2) Waiver.--The Secretary may waive the requirement 
        under this subsection if the Secretary determines that such a 
        waiver is in the public interest.
    ``(i) Consultation by the Secretary of Homeland Security.--The 
Secretary of Homeland Security shall consult with the Secretary of 
Transportation before the Secretary of Homeland Security issues a rule 
or order that the Secretary of Transportation determines affects the 
safety of public transportation design, construction, or operations.
    ``(j) Preemption of State Law.--
            ``(1) National uniformity of regulation.--Laws, 
        regulations, and orders related to public transportation safety 
        shall be nationally uniform to the extent practicable.
            ``(2) In general.--A State may adopt or continue in force a 
        law, regulation, or order related to the safety of public 
        transportation until the Secretary issues a rule or order 
        covering the subject matter of the State requirement.
            ``(3) More stringent law.--A State may adopt or continue in 
        force a law, regulation, or order related to the safety of 
        public transportation that is consistent with, in addition to, 
        or more stringent than a regulation or order of the Secretary 
        if the Secretary determines that the law, regulation, or 
        order--
                    ``(A) has a safety benefit;
                    ``(B) is not incompatible with a law, regulation, 
                or order, or the terms and conditions of a financial 
                assistance agreement of the United States Government; 
                and
                    ``(C) does not unreasonably burden interstate 
                commerce.
            ``(4) Actions under state law.--
                    ``(A) Rule of construction.--Nothing in this 
                section shall be construed to preempt an action under 
                State law seeking damages for personal injury, death, 
                or property damage alleging that a party has failed to 
                comply with--
                            ``(i) a Federal standard of care 
                        established by a regulation or order issued by 
                        the Secretary under this section;
                            ``(ii) its own program, rule, or standard 
                        that it created pursuant to a rule or order 
                        issued by the Secretary; or
                            ``(iii) a State law, regulation, or order 
                        that is not incompatible with paragraph (2).
                    ``(B) Effective date.--This paragraph shall apply 
                to any cause of action under State law arising from an 
                event or activity occurring on or after the date of 
                enactment of the Federal Public Transportation Act of 
                2012.
            ``(5) Jurisdiction.--Nothing in this section shall be 
        construed to create a cause of action under Federal law on 
        behalf of an injured party or confer Federal question 
        jurisdiction for a State law cause of action.
    ``(k) Annual Report.--The Secretary shall submit to the Committee 
on Banking, Housing, and Urban Affairs of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives an 
annual report that--
            ``(1) analyzes public transportation safety trends among 
        the States and documents the most effective safety programs 
        implemented using grants under this section; and
            ``(2) describes the effect on public transportation safety 
        of activities carried out using grants under this section.''.
    (b) Bus Safety Study.--
            (1) Definition.--In this subsection, the term ``highway 
        route'' means a route where 50 percent or more of the route is 
        on roads having a speed limit of more than 45 miles per hour.
            (2) Study.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Committee on Banking, Housing, and Urban Affairs 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report that--
                    (A) examines the safety of public transportation 
                buses that travel on highway routes;
                    (B) examines laws and regulations that apply to 
                commercial over-the-road buses; and
                    (C) makes recommendations as to whether additional 
                safety measures should be required for public 
                transportation buses that travel on highway routes.

SEC. 20022. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

    Section 5331(b)(2) of title 49, United States Code, is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
            (2) by inserting before subparagraph (B), as so 
        redesignated, the following:
            ``(A) shall establish and implement an enforcement program 
        that includes the imposition of penalties for failure to comply 
        with this section;''.

SEC. 20023. NONDISCRIMINATION.

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

SEC. 20024. LABOR STANDARDS.

    Section 5333(b) of title 49, United States Code, is amended--
            (1) in paragraph (1), by striking ``sections 5307-5312, 
        5316, 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 
        5338(b)'' each place that term appears and inserting ``sections 
        5307, 5308, 5309, 5311, and 5337''; and
            (2) in paragraph (5), by inserting ``of Labor'' after 
        ``Secretary''.

SEC. 20025. ADMINISTRATIVE PROVISIONS.

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

SEC. 20026. NATIONAL TRANSIT DATABASE.

    Section 5335 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Data Required To Be Reported.--The recipient of a grant under 
this chapter shall report to the Secretary, for inclusion in the 
National Transit Database, any information relating to--
            ``(1) the causes of a reportable incident, as defined by 
        the Secretary; and
            ``(2) a transit asset inventory or condition assessment 
        conducted by the recipient.''.

SEC. 20027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.

    Section 5336 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5336. Apportionment of appropriations for formula grants
    ``(a) Based on Urbanized Area Population.--Of the amount 
apportioned under subsection (h)(4) to carry out section 5307--
            ``(1) 9.32 percent shall be apportioned each fiscal year 
        only in urbanized areas with a population of less than 200,000 
        so that each of those areas is entitled to receive an amount 
        equal to--
                    ``(A) 50 percent of the total amount apportioned 
                multiplied by a ratio equal to the population of the 
                area divided by the total population of all urbanized 
                areas with populations of less than 200,000 as shown in 
                the most recent decennial census; and
                    ``(B) 50 percent of the total amount apportioned 
                multiplied by a ratio for the area based on population 
                weighted by a factor, established by the Secretary, of 
                the number of inhabitants in each square mile; and
            ``(2) 90.68 percent shall be apportioned each fiscal year 
        only in urbanized areas with populations of at least 200,000 as 
        provided in subsections (b) and (c) of this section.
    ``(b) Based on Fixed Guideway Vehicle Revenue Miles, Directional 
Route Miles, and Passenger Miles.--(1) In this subsection, `fixed 
guideway vehicle revenue miles' and `fixed guideway directional route 
miles' include passenger ferry operations directly or under contract by 
the designated recipient.
    ``(2) Of the amount apportioned under subsection (a)(2) of this 
section, 33.29 percent shall be apportioned as follows:
            ``(A) 95.61 percent of the total amount apportioned under 
        this subsection shall be apportioned so that each urbanized 
        area with a population of at least 200,000 is entitled to 
        receive an amount equal to--
                    ``(i) 60 percent of the 95.61 percent apportioned 
                under this subparagraph multiplied by a ratio equal to 
                the number of fixed guideway vehicle revenue miles 
                attributable to the area, as established by the 
                Secretary, divided by the total number of all fixed 
                guideway vehicle revenue miles attributable to all 
                areas; and
                    ``(ii) 40 percent of the 95.61 percent apportioned 
                under this subparagraph multiplied by a ratio equal to 
                the number of fixed guideway directional route miles 
                attributable to the area, established by the Secretary, 
                divided by the total number of all fixed guideway 
                directional route miles attributable to all areas.
        An urbanized area with a population of at least 750,000 in 
        which commuter rail transportation is provided shall receive at 
        least .75 percent of the total amount apportioned under this 
        subparagraph.
            ``(B) 4.39 percent of the total amount apportioned under 
        this subsection shall be apportioned so that each urbanized 
        area with a population of at least 200,000 is entitled to 
        receive an amount equal to--
                    ``(i) the number of fixed guideway vehicle 
                passenger miles traveled multiplied by the number of 
                fixed guideway vehicle passenger miles traveled for 
                each dollar of operating cost in an area; divided by
                    ``(ii) the total number of fixed guideway vehicle 
                passenger miles traveled multiplied by the total number 
                of fixed guideway vehicle passenger miles traveled for 
                each dollar of operating cost in all areas.
        An urbanized area with a population of at least 750,000 in 
        which commuter rail transportation is provided shall receive at 
        least .75 percent of the total amount apportioned under this 
        subparagraph.
            ``(C) Under subparagraph (A) of this paragraph, fixed 
        guideway vehicle revenue or directional route miles, and 
        passengers served on those miles, in an urbanized area with a 
        population of less than 200,000, where the miles and passengers 
        served otherwise would be attributable to an urbanized area 
        with a population of at least 1,000,000 in an adjacent State, 
        are attributable to the governmental authority in the State in 
        which the urbanized area with a population of less than 200,000 
        is located. The authority is deemed an urbanized area with a 
        population of at least 200,000 if the authority makes a 
        contract for the service.
            ``(D) A recipient's apportionment under subparagraph (A)(i) 
        of this paragraph may not be reduced if the recipient, after 
        satisfying the Secretary that energy or operating efficiencies 
        would be achieved, reduces vehicle revenue miles but provides 
        the same frequency of revenue service to the same number of 
        riders.
    ``(c) Based on Bus Vehicle Revenue Miles and Passenger Miles.--Of 
the amount apportioned under subsection (a)(2) of this section, 66.71 
percent shall be apportioned as follows:
            ``(1) 90.8 percent of the total amount apportioned under 
        this subsection shall be apportioned as follows:
                    ``(A) 73.39 percent of the 90.8 percent apportioned 
                under this paragraph shall be apportioned so that each 
                urbanized area with a population of at least 1,000,000 
                is entitled to receive an amount equal to--
                            ``(i) 50 percent of the 73.39 percent 
                        apportioned under this subparagraph multiplied 
                        by a ratio equal to the total bus vehicle 
                        revenue miles operated in or directly serving 
                        the urbanized area divided by the total bus 
                        vehicle revenue miles attributable to all 
                        areas;
                            ``(ii) 25 percent of the 73.39 percent 
                        apportioned under this subparagraph multiplied 
                        by a ratio equal to the population of the area 
                        divided by the total population of all areas, 
                        as shown in the most recent decennial census; 
                        and
                            ``(iii) 25 percent of the 73.39 percent 
                        apportioned under this subparagraph multiplied 
                        by a ratio for the area based on population 
                        weighted by a factor, established by the 
                        Secretary, of the number of inhabitants in each 
                        square mile.
                    ``(B) 26.61 percent of the 90.8 percent apportioned 
                under this paragraph shall be apportioned so that each 
                urbanized area with a population of at least 200,000 
                but not more than 999,999 is entitled to receive an 
                amount equal to--
                            ``(i) 50 percent of the 26.61 percent 
                        apportioned under this subparagraph multiplied 
                        by a ratio equal to the total bus vehicle 
                        revenue miles operated in or directly serving 
                        the urbanized area divided by the total bus 
                        vehicle revenue miles attributable to all 
                        areas;
                            ``(ii) 25 percent of the 26.61 percent 
                        apportioned under this subparagraph multiplied 
                        by a ratio equal to the population of the area 
                        divided by the total population of all areas, 
                        as shown by the most recent decennial census; 
                        and
                            ``(iii) 25 percent of the 26.61 percent 
                        apportioned under this subparagraph multiplied 
                        by a ratio for the area based on population 
                        weighted by a factor, established by the 
                        Secretary, of the number of inhabitants in each 
                        square mile.
            ``(2) 9.2 percent of the total amount apportioned under 
        this subsection shall be apportioned so that each urbanized 
        area with a population of at least 200,000 is entitled to 
        receive an amount equal to--
                    ``(A) the number of bus passenger miles traveled 
                multiplied by the number of bus passenger miles 
                traveled for each dollar of operating cost in an area; 
                divided by
                    ``(B) the total number of bus passenger miles 
                traveled multiplied by the total number of bus 
                passenger miles traveled for each dollar of operating 
                cost in all areas.
    ``(d) Date of Apportionment.--The Secretary shall--
            ``(1) apportion amounts appropriated under section 
        5338(a)(2)(C) of this title to carry out section 5307 of this 
        title not later than the 10th day after the date the amounts 
        are appropriated or October 1 of the fiscal year for which the 
        amounts are appropriated, whichever is later; and
            ``(2) publish apportionments of the amounts, including 
        amounts attributable to each urbanized area with a population 
        of more than 50,000 and amounts attributable to each State of a 
        multistate urbanized area, on the apportionment date.
    ``(e) Amounts Not Apportioned to Designated Recipients.--The 
Governor of a State may expend in an urbanized area with a population 
of less than 200,000 an amount apportioned under this section that is 
not apportioned to a designated recipient, as defined in section 
5302(4).
    ``(f) Transfers of Apportionments.--(1) The Governor of a State may 
transfer any part of the State's apportionment under subsection (a)(1) 
of this section to supplement amounts apportioned to the State under 
section 5311(c)(3). The Governor may make a transfer only after 
consulting with responsible local officials and publicly owned 
operators of public transportation in each area for which the amount 
originally was apportioned under this section.
    ``(2) The Governor of a State may transfer any part of the State's 
apportionment under section 5311(c)(3) to supplement amounts 
apportioned to the State under subsection (a)(1) of this section.
    ``(3) The Governor of a State may use throughout the State amounts 
of a State's apportionment remaining available for obligation at the 
beginning of the 90-day period before the period of the availability of 
the amounts expires.
    ``(4) A designated recipient for an urbanized area with a 
population of at least 200,000 may transfer a part of its apportionment 
under this section to the Governor of a State. The Governor shall 
distribute the transferred amounts to urbanized areas under this 
section.
    ``(5) Capital and operating assistance limitations applicable to 
the original apportionment apply to amounts transferred under this 
subsection.
    ``(g) Period of Availability to Recipients.--An amount apportioned 
under this section may be obligated by the recipient for 5 years after 
the fiscal year in which the amount is apportioned. Not later than 30 
days after the end of the 5-year period, an amount that is not 
obligated at the end of that period shall be added to the amount that 
may be apportioned under this section in the next fiscal year.
    ``(h) Apportionments.--Of the amounts made available for each 
fiscal year under section 5338(a)(2)(C)--
            ``(1) $35,000,000 shall be set aside to carry out section 
        5307(i);
            ``(2) 3.07 percent shall be apportioned to urbanized areas 
        in accordance with subsection (j);
            ``(3) of amounts not apportioned under paragraphs (1) and 
        (2), 1 percent shall be apportioned to urbanized areas with 
        populations of less than 200,000 in accordance with subsection 
        (i); and
            ``(4) any amount not apportioned under paragraphs (1), (2), 
        and (3) shall be apportioned to urbanized areas in accordance 
        with subsections (a) through (c).
    ``(i) Small Transit Intensive Cities Formula.--
            ``(1) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Eligible area.--The term `eligible area' 
                means an urbanized area with a population of less than 
                200,000 that meets or exceeds in one or more 
                performance categories the industry average for all 
                urbanized areas with a population of at least 200,000 
                but not more than 999,999, as determined by the 
                Secretary in accordance with subsection (c)(2).
                    ``(B) Performance category.--The term `performance 
                category' means each of the following:
                            ``(i) Passenger miles traveled per vehicle 
                        revenue mile.
                            ``(ii) Passenger miles traveled per vehicle 
                        revenue hour.
                            ``(iii) Vehicle revenue miles per capita.
                            ``(iv) Vehicle revenue hours per capita.
                            ``(v) Passenger miles traveled per capita.
                            ``(vi) Passengers per capita.
            ``(2) Apportionment.--
                    ``(A) Apportionment formula.--The amount to be 
                apportioned under subsection (h)(3) shall be 
                apportioned among eligible areas in the ratio that--
                            ``(i) the number of performance categories 
                        for which each eligible area meets or exceeds 
                        the industry average in urbanized areas with a 
                        population of at least 200,000 but not more 
                        than 999,999; bears to
                            ``(ii) the aggregate number of performance 
                        categories for which all eligible areas meet or 
                        exceed the industry average in urbanized areas 
                        with a population of at least 200,000 but not 
                        more than 999,999.
                    ``(B) Data used in formula.--The Secretary shall 
                calculate apportionments under this subsection for a 
                fiscal year using data from the national transit 
                database used to calculate apportionments for that 
                fiscal year under this section.
    ``(j) Apportionment Formula.--The amounts apportioned under 
subsection (h)(2) shall be apportioned among urbanized areas as 
follows:
            ``(1) 75 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population of 
        200,000 or more in the ratio that--
                    ``(A) the number of eligible low-income individuals 
                in each such urbanized area; bears to
                    ``(B) the number of eligible low-income individuals 
                in all such urbanized areas.
            ``(2) 25 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population of 
        less than 200,000 in the ratio that--
                    ``(A) the number of eligible low-income individuals 
                in each such urbanized area; bears to
                    ``(B) the number of eligible low-income individuals 
                in all such urbanized areas.''.

SEC. 20028. STATE OF GOOD REPAIR GRANTS.

    Section 5337 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5337. State of good repair grants
    ``(a) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Fixed guideway.--The term `fixed guideway' means a 
        public transportation facility--
                    ``(A) using and occupying a separate right-of-way 
                for the exclusive use of public transportation;
                    ``(B) using rail;
                    ``(C) using a fixed catenary system;
                    ``(D) for a passenger ferry system; or
                    ``(E) for a bus rapid transit system.
            ``(2) State.--The term `State' means the 50 States, the 
        District of Columbia, and Puerto Rico.
            ``(3) State of good repair.--The term `state of good 
        repair' has the meaning given that term by the Secretary, by 
        rule, under section 5326(b).
            ``(4) Transit asset management plan.--The term `transit 
        asset management plan' means a plan developed by a recipient of 
        funding under this chapter that--
                    ``(A) includes, at a minimum, capital asset 
                inventories and condition assessments, decision support 
                tools, and investment prioritization; and
                    ``(B) the recipient certifies that the recipient 
                complies with the rule issued under section 5326(d).
    ``(b) General Authority.--
            ``(1) Eligible projects.--The Secretary may make grants 
        under this section to assist State and local governmental 
        authorities in financing capital projects to maintain public 
        transportation systems in a state of good repair, including 
        projects to replace and rehabilitate--
                    ``(A) rolling stock;
                    ``(B) track;
                    ``(C) line equipment and structures;
                    ``(D) signals and communications;
                    ``(E) power equipment and substations;
                    ``(F) passenger stations and terminals;
                    ``(G) security equipment and systems;
                    ``(H) maintenance facilities and equipment;
                    ``(I) operational support equipment, including 
                computer hardware and software;
                    ``(J) development and implementation of a transit 
                asset management plan; and
                    ``(K) other replacement and rehabilitation projects 
                the Secretary determines appropriate.
            ``(2) Inclusion in plan.--A recipient shall include a 
        project carried out under paragraph (1) in the transit asset 
        management plan of the recipient upon completion of the plan.
    ``(c) High Intensity Fixed Guideway State of Good Repair Formula.--
            ``(1) In general.--Of the amount authorized or made 
        available under section 5338(a)(2)(M), $1,874,763,500 shall be 
        apportioned to recipients in accordance with this subsection.
            ``(2) Area share.--
                    ``(A) In general.--50 percent of the amount 
                described in paragraph (1) shall be apportioned for 
                fixed guideway systems in accordance with this 
                paragraph.
                    ``(B) Share.--A recipient shall receive an amount 
                equal to the amount described in subparagraph (A), 
                multiplied by the amount the recipient would have 
                received under this section, as in effect for fiscal 
                year 2011, if the amount had been calculated in 
                accordance with section 5336(b)(1) and using the 
                definition of the term `fixed guideway' under 
                subsection (a) of this section, as such sections are in 
                effect on the day after the date of enactment of the 
                Federal Public Transportation Act of 2012, and divided 
                by the total amount apportioned for all areas under 
                this section for fiscal year 2011.
                    ``(C) Recipient.--For purposes of this paragraph, 
                the term `recipient' means an entity that received 
                funding under this section, as in effect for fiscal 
                year 2011.
            ``(3) Vehicle revenue miles and directional route miles.--
                    ``(A) In general.--50 percent of the amount 
                described in paragraph (1) shall be apportioned to 
                recipients in accordance with this paragraph.
                    ``(B) Vehicle revenue miles.--A recipient in an 
                urbanized area shall receive an amount equal to 60 
                percent of the amount described in subparagraph (A), 
                multiplied by the number of fixed guideway vehicle 
                revenue miles attributable to the urbanized area, as 
                established by the Secretary, divided by the total 
                number of all fixed guideway vehicle revenue miles 
                attributable to all urbanized areas.
                    ``(C) Directional route miles.--A recipient in an 
                urbanized area shall receive an amount equal to 40 
                percent of the amount described in subparagraph (A), 
                multiplied by the number of fixed guideway directional 
                route miles attributable to the urbanized area, as 
                established by the Secretary, divided by the total 
                number of all fixed guideway directional route miles 
                attributable to all urbanized areas.
            ``(4) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the share of the total amount 
                apportioned under this section that is apportioned to 
                an area under this subsection shall not decrease by 
                more than 0.25 percentage points compared to the share 
                apportioned to the area under this subsection in the 
                previous fiscal year.
                    ``(B) Special rule for fiscal year 2012.--In fiscal 
                year 2012, the share of the total amount apportioned 
                under this section that is apportioned to an area under 
                this subsection shall not decrease by more than 0.25 
                percentage points compared to the share that would have 
                been apportioned to the area under this section, as in 
                effect for fiscal year 2011, if the share had been 
                calculated using the definition of the term `fixed 
                guideway' under subsection (a) of this section, as in 
                effect on the day after the date of enactment of the 
                Federal Public Transportation Act of 2012.
            ``(5) Use of funds.--Amounts made available under this 
        subsection shall be available for the exclusive use of fixed 
        guideway projects.
            ``(6) Receiving apportionment.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for an area with a fixed guideway 
                system, the amounts provided under this section shall 
                be apportioned to the designated recipient for the 
                urbanized area in which the system operates.
                    ``(B) Exception.--An area described in the 
                amendment made by section 3028(a) of the Transportation 
                Equity Act for the 21st Century (Public Law 105-178; 
                112 Stat. 366) shall receive an individual 
                apportionment under this subsection.
            ``(7) Apportionment requirements.--For purposes of 
        determining the number of fixed guideway vehicle revenue miles 
        or fixed guideway directional route miles attributable to an 
        urbanized area for a fiscal year under this subsection, only 
        segments of fixed guideway systems placed in revenue service 
        not later than 7 years before the first day of the fiscal year 
        shall be deemed to be attributable to an urbanized area.
    ``(d) Fixed Guideway State of Good Repair Grant Program.--
            ``(1) In general.--The Secretary may make grants under this 
        section to assist State and local governmental authorities in 
        financing fixed guideway capital projects to maintain public 
        transportation systems in a state of good repair.
            ``(2) Competitive process.--The Secretary shall solicit 
        grant applications and make grants for eligible projects on a 
        competitive basis.
            ``(3) Priority consideration.--In making grants under this 
        subsection, the Secretary shall give priority to grant 
        applications received from recipients receiving an amount under 
        this section that is not less than 2 percent less than the 
        amount the recipient would have received under this section, as 
        in effect for fiscal year 2011, if the amount had been 
        calculated using the definition of the term `fixed guideway' 
        under subsection (a) of this section, as in effect on the day 
        after the date of enactment of the Federal Public 
        Transportation Act of 2012.
    ``(e) High Intensity Motorbus State of Good Repair.--
            ``(1) Definition.--For purposes of this subsection, the 
        term `high intensity motorbus' means public transportation that 
        is provided on a facility with access for other high-occupancy 
        vehicles.
            ``(2) Apportionment.--Of the amount authorized or made 
        available under section 5338(a)(2)(M), $112,500,000 shall be 
        apportioned to urbanized areas for high intensity motorbus 
        state of good repair in accordance with this subsection.
            ``(3) Vehicle revenue miles and directional route miles.--
                    ``(A) In general.--$60,000,000 of the amount 
                described in paragraph (2) shall be apportioned to each 
                area in accordance with this paragraph.
                    ``(B) Vehicle revenue miles.--Each area shall 
                receive an amount equal to 60 percent of the amount 
                described in subparagraph (A), multiplied by the number 
                of high intensity motorbus vehicle revenue miles 
                attributable to the area, as established by the 
                Secretary, divided by the total number of all high 
                intensity motorbus vehicle revenue miles attributable 
                to all areas.
                    ``(C) Directional route miles.--Each area shall 
                receive an amount equal to 40 percent of the amount 
                described in subparagraph (A), multiplied by the number 
                of high intensity motorbus directional route miles 
                attributable to the area, as established by the 
                Secretary, divided by the total number of all high 
                intensity motorbus directional route miles attributable 
                to all areas.
            ``(4) Special rule for high intensity motorbus.--
                    ``(A) In general.--$52,500,000 of the amount 
                described in paragraph (2) shall be apportioned--
                            ``(i) in accordance with this paragraph; 
                        and
                            ``(ii) among urbanized areas within a State 
                        in the same proportion as funds are apportioned 
                        within a State under section 5336, except 
                        subsection (b), and shall be added to such 
                        amounts.
                    ``(B) Territories.--Of the amount described in 
                subparagraph (A), $500,000 shall be distributed among 
                the territories, as determined by the Secretary.
                    ``(C) States.--Of the amount described in 
                subparagraph (A), each State shall receive $1,000,000.
            ``(5) Use of funds.--A recipient may transfer any part of 
        the apportionment under this subsection for use under 
        subsection (c).
            ``(6) Apportionment requirements.--For purposes of 
        determining the number of high intensity motorbus vehicle 
        revenue miles or high intensity motorbus directional route 
        miles attributable to an urbanized area for a fiscal year under 
        this subsection, only segments of high intensity motorbus 
        systems placed in revenue service not later than 7 years before 
        the first day of the fiscal year shall be deemed to be 
        attributable to an urbanized area.
    ``(f) Bus and Bus Facilities State of Good Repair Grant Program.--
            ``(1) In general.--The Secretary may make grants under this 
        subsection to assist State and local governmental authorities 
        in financing bus and bus facility capital projects to maintain 
        public transportation systems in a state of good repair.
            ``(2) Competitive process.--The Secretary shall solicit 
        grant applications and make grants for capital projects on a 
        competitive basis.
            ``(3) Distribution.--The Secretary shall ensure that not 
        less than 40 percent of the funds allocated on a competitive 
        basis are distributed to rural areas.
            ``(4) Priority consideration.--In making grants under this 
        subsection, the Secretary shall give priority to recipients 
        providing bus-only or high-intensity motorbus service (as 
        defined in subsection (e)(1)) in a State whose recipients' 
        total apportionment from section 5338(a) in fiscal year 2012 
        minus the recipients' total apportionment from section 5338(a) 
        in fiscal year 2011 does not exceed 90 percent of the average 
        annual amount the recipients in the State received under 
        section 5309(m)(2)(c), as in effect on October 1, 2011, in 
        fiscal years 2006 through 2011.''.

SEC. 20029. AUTHORIZATIONS.

    Section 5338 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5338. Authorizations
    ``(a) Formula Grants.--
            ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5308, 5310, 5311, 5312, 5313, 5314, 5315, 5322, 
        5335, and 5340, subsections (c) and (e) of section 5337, and 
        section 20005(b) of the Federal Public Transportation Act of 
        2012, $8,360,565,000 for each of fiscal years 2012 and 2013.
            ``(2) Allocation of funds.--Of the amounts made available 
        under paragraph (1)--
                    ``(A) $124,850,000 for each of fiscal years 2012 
                and 2013 shall be available to carry out section 5305;
                    ``(B) $20,000,000 for each of fiscal years 2012 and 
                2013 shall be available to carry out section 20005(b) 
                of the Federal Public Transportation Act of 2012;
                    ``(C) $4,756,161,500 for each of fiscal years 2012 
                and 2013 shall be allocated in accordance with section 
                5336 to provide financial assistance for urbanized 
                areas under section 5307;
                    ``(D) $65,150,000 for each of fiscal years 2012 and 
                2013 shall be available to carry out section 5308, of 
                which not less than $8,500,000 shall be used to carry 
                out activities under section 5312;
                    ``(E) $248,600,000 for each of fiscal years 2012 
                and 2013 shall be available to provide financial 
                assistance for services for the enhanced mobility of 
                seniors and individuals with disabilities under section 
                5310;
                    ``(F) $591,190,000 for each of fiscal years 2012 
                and 2013 shall be available to provide financial 
                assistance for other than urbanized areas under section 
                5311, of which not less than $30,000,000 shall be 
                available to carry out section 5311(c)(1) and 
                $20,000,000 shall be available to carry out section 
                5311(c)(2);
                    ``(G) $34,000,000 for each of fiscal years 2012 and 
                2013 shall be available to carry out research, 
                development, demonstration, and deployment projects 
                under section 5312;
                    ``(H) $6,500,000 for each of fiscal years 2012 and 
                2013 shall be available to carry out a transit 
                cooperative research program under section 5313;
                    ``(I) $4,500,000 for each of fiscal years 2012 and 
                2013 shall be available for technical assistance and 
                standards development under section 5314;
                    ``(J) $5,000,000 for each of fiscal years 2012 and 
                2013 shall be available for the National Transit 
                Institute under section 5315;
                    ``(K) $2,000,000 for each of fiscal years 2012 and 
                2013 shall be available for workforce development and 
                human resource grants under section 5322;
                    ``(L) $3,850,000 for each of fiscal years 2012 and 
                2013 shall be available to carry out section 5335;
                    ``(M) $1,987,263,500 for each of fiscal years 2012 
                and 2013 shall be available to carry out subsections 
                (c) and (e) of section 5337; and
                    ``(N) $511,500,000 for each of fiscal years 2012 
                and 2013 shall be allocated in accordance with section 
                5340 to provide financial assistance for urbanized 
                areas under section 5307 and other than urbanized areas 
                under section 5311.
    ``(b) Emergency Relief Program.--There are authorized to be 
appropriated such sums as are necessary to carry out section 5306.
    ``(c) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309, $1,955,000,000 for each of 
fiscal years 2012 and 2013, of which not less than $75,000,000 shall be 
available to carry out section 5337(f).
    ``(d) Paul S. Sarbanes Transit in the Parks.--There are authorized 
to be appropriated to carry out section 5320, $26,900,000 for each of 
fiscal years 2012 and 2013.
    ``(e) Fixed Guideway State of Good Repair Grant Program.--There are 
authorized to be appropriated to carry out section 5337(d), $7,463,000 
for each of fiscal years 2012 and 2013.
    ``(f) Administration.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out section 5334, $108,350,000 for each of fiscal 
        years 2012 and 2013.
            ``(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than $10,000,000 
        shall be available to carry out section 5329.
            ``(3) Section 5326.--Of the amounts made available under 
        paragraph (2), not less than $1,000,000 shall be available to 
        carry out section 5326.
    ``(g) Oversight.--
            ``(1) In general.--Of the amounts made available to carry 
        out this chapter for a fiscal year, the Secretary may use not 
        more than the following amounts for the activities described in 
        paragraph (2):
                    ``(A) 0.5 percent of amounts made available to 
                carry out section 5305.
                    ``(B) 0.75 percent of amounts made available to 
                carry out section 5307.
                    ``(C) 1 percent of amounts made available to carry 
                out section 5309.
                    ``(D) 1 percent of amounts made available to carry 
                out section 601 of the Passenger Rail Investment and 
                Improvement Act of 2008 (Public Law 110-432; 126 Stat. 
                4968).
                    ``(E) 0.5 percent of amounts made available to 
                carry out section 5310.
                    ``(F) 0.5 percent of amounts made available to 
                carry out section 5311.
                    ``(G) 0.5 percent of amounts made available to 
                carry out section 5320.
                    ``(H) 0.75 percent of amounts made available to 
                carry out section 5337(c).
            ``(2) Activities.--The activities described in this 
        paragraph are as follows:
                    ``(A) Activities to oversee the construction of a 
                major capital project.
                    ``(B) Activities to review and audit the safety and 
                security, procurement, management, and financial 
                compliance of a recipient or subrecipient of funds 
                under this chapter.
                    ``(C) Activities to provide technical assistance 
                generally, and to provide technical assistance to 
                correct deficiencies identified in compliance reviews 
                and audits carried out under this section.
            ``(3) Government share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection.
            ``(4) Availability of certain funds.--Funds made available 
        under paragraph (1)(C) shall be made available to the Secretary 
        before allocating the funds appropriated to carry out any 
        project under a full funding grant agreement.
    ``(h) Grants as Contractual Obligations.--
            ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Mass Transit Account of the 
        Highway Trust Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Government share of the 
        cost of the project.
            ``(2) Grants financed from general fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts appropriated in advance from the General Fund of the 
        Treasury pursuant to this section is a contractual obligation 
        of the Government to pay the Government share of the cost of 
        the project only to the extent that amounts are appropriated 
        for such purpose by an Act of Congress.
    ``(i) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until 
expended.''.

SEC. 20030. APPORTIONMENTS BASED ON GROWING STATES AND HIGH DENSITY 
              STATES FORMULA FACTORS.

    Section 5340 of title 49, United States Code, is amended to read as 
follows:
``Sec. 5340. Apportionments based on growing States and high density 
              States formula factors
    ``(a) Definition.--In this section, the term `State' shall mean 
each of the 50 States of the United States.
    ``(b) Allocation.--Of the amounts made available for each fiscal 
year under section 5338(a)(2)(N), the Secretary shall apportion--
            ``(1) 50 percent to States and urbanized areas in 
        accordance with subsection (c); and
            ``(2) 50 percent to States and urbanized areas in 
        accordance with subsection (d).
    ``(c) Growing State Apportionments.--
            ``(1) Apportionment among states.--The amounts apportioned 
        under subsection (b)(1) shall provide each State with an amount 
        equal to the total amount apportioned multiplied by a ratio 
        equal to the population of that State forecast for the year 
        that is 15 years after the most recent decennial census, 
        divided by the total population of all States forecast for the 
        year that is 15 years after the most recent decennial census. 
        Such forecast shall be based on the population trend for each 
        State between the most recent decennial census and the most 
        recent estimate of population made by the Secretary of 
        Commerce.
            ``(2) Apportionments between urbanized areas and other than 
        urbanized areas in each state.--
                    ``(A) In general.--The Secretary shall apportion 
                amounts to each State under paragraph (1) so that 
                urbanized areas in that State receive an amount equal 
                to the amount apportioned to that State multiplied by a 
                ratio equal to the sum of the forecast population of 
                all urbanized areas in that State divided by the total 
                forecast population of that State. In making the 
                apportionment under this subparagraph, the Secretary 
                shall utilize any available forecasts made by the 
                State. If no forecasts are available, the Secretary 
                shall utilize data on urbanized areas and total 
                population from the most recent decennial census.
                    ``(B) Remaining amounts.--Amounts remaining for 
                each State after apportionment under subparagraph (A) 
                shall be apportioned to that State and added to the 
                amount made available for grants under section 5311.
            ``(3) Apportionments among urbanized areas in each state.--
        The Secretary shall apportion amounts made available to 
        urbanized areas in each State under paragraph (2)(A) so that 
        each urbanized area receives an amount equal to the amount 
        apportioned under paragraph (2)(A) multiplied by a ratio equal 
        to the population of each urbanized area divided by the sum of 
        populations of all urbanized areas in the State. Amounts 
        apportioned to each urbanized area shall be added to amounts 
        apportioned to that urbanized area under section 5336, and made 
        available for grants under section 5307.
    ``(d) High Density State Apportionments.--Amounts to be apportioned 
under subsection (b)(2) shall be apportioned as follows:
            ``(1) Eligible states.--The Secretary shall designate as 
        eligible for an apportionment under this subsection all States 
        with a population density in excess of 370 persons per square 
        mile.
            ``(2) State urbanized land factor.--For each State 
        qualifying for an apportionment under paragraph (1), the 
        Secretary shall calculate an amount equal to--
                    ``(A) the total land area of the State (in square 
                miles); multiplied by
                    ``(B) 370; multiplied by
                    ``(C)(i) the population of the State in urbanized 
                areas; divided by
                    ``(ii) the total population of the State.
            ``(3) State apportionment factor.--For each State 
        qualifying for an apportionment under paragraph (1), the 
        Secretary shall calculate an amount equal to the difference 
        between the total population of the State less the amount 
        calculated in paragraph (2).
            ``(4) State apportionment.--Each State qualifying for an 
        apportionment under paragraph (1) shall receive an amount equal 
        to the amount to be apportioned under this subsection 
        multiplied by the amount calculated for the State under 
        paragraph (3) divided by the sum of the amounts calculated 
        under paragraph (3) for all States qualifying for an 
        apportionment under paragraph (1).
            ``(5) Apportionments among urbanized areas in each state.--
        The Secretary shall apportion amounts made available to each 
        State under paragraph (4) so that each urbanized area receives 
        an amount equal to the amount apportioned under paragraph (4) 
        multiplied by a ratio equal to the population of each urbanized 
        area divided by the sum of populations of all urbanized areas 
        in the State. Amounts apportioned to each urbanized area shall 
        be added to amounts apportioned to that urbanized area under 
        section 5336, and made available for grants under section 
        5307.''.

SEC. 20031. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Section 5305.--Section 5305 of title 49, United States Code, is 
amended--
            (1) in subsection (c), by striking ``sections 5303, 5304, 
        and 5306'' and inserting ``sections 5303 and 5304'';
            (2) in subsection (d), by striking ``sections 5303 and 
        5306'' each place that term appears and inserting ``section 
        5303'';
            (3) in subsection (e)(1)(A), by striking ``sections 5304, 
        5306, 5315, and 5322'' and inserting ``section 5304'';
            (4) in subsection (f)--
                    (A) in the heading, by striking ``Government's'' 
                and inserting ``Government''; and
                    (B) by striking ``Government's'' and inserting 
                ``Government''; and
            (5) in subsection (g), by striking ``section 5338(c) for 
        fiscal years 2005 through 2011 and for the period beginning on 
        October 1, 2011, and ending on March 31, 2012'' and inserting 
        ``section 5338(a)(2)(A) for a fiscal year''.
    (b) Section 5313.--Section 5313(a) of title 49, United States Code, 
is amended--
            (1) in the first sentence, by striking ``subsections 
        (a)(5)(C)(iii) and (d)(1) of section 5338'' and inserting 
        section ``5338(a)(2)(H)''; and
            (2) in the second sentence, by striking ``of 
        Transportation''.
    (c) Section 5319.--Section 5319 of title 49, United States Code, is 
amended, in the second sentence--
            (1) by striking ``sections 5307(e), 5309(h), and 5311(g) of 
        this title'' and inserting ``sections 5307(e), 5309(k), and 
        5311(h)''; and
            (2) by striking ``of the United States'' and inserting 
        ``made by the''.
    (d) Section 5325.--Section 5325(b)(2)(A) of title 49, United States 
Code, is amended by striking ``title 48, Code of Federal Regulations 
(commonly known as the Federal Acquisition Regulation)'' and inserting 
``the Federal Acquisition Regulation, or any successor thereto''.
    (e) Section 5330.--Effective 3 years after the effective date of 
the final rules issued by the Secretary of Transportation under section 
5329(e) of title 49, United States Code, as amended by this division, 
section 5330 of title 49, United States Code, is repealed.
    (f) Section 5331.--Section 5331 of title 49, United States Code, is 
amended by striking ``Secretary of Transportation'' each place that 
term appears and inserting ``Secretary''.
    (g) Section 5332.--Section 5332(c)(1) of title 49, United States 
Code, is amended by striking ``of Transportation''.
    (h) Section 5333.--Section 5333(a) of title 49, United States Code, 
is amended by striking ``sections 3141-3144'' and inserting ``sections 
3141 through 3144''.
    (i) Section 5334.--Section 5334 of title 49, United States Code, is 
amended--
            (1) in subsection (c)--
                    (A) by striking ``Secretary of Transportation'' 
                each place that term appears and inserting 
                ``Secretary''; and
                    (B) in paragraph (1), by striking ``Committees on 
                Transportation and Infrastructure and Appropriations of 
                the House of Representatives and the Committees on 
                Banking, Housing, and Urban Affairs and Appropriations 
                of the Senate'' and inserting ``Committee on Banking, 
                Housing, and Urban Affairs and the Committee on 
                Appropriations of the Senate and the Committee on 
                Transportation and Infrastructure and the Committee on 
                Appropriations of the House of Representatives'';
            (2) in subsection (d), by striking ``of Transportation'';
            (3) in subsection (e), by striking ``of Transportation'';
            (4) in subsection (f), by striking ``of Transportation'';
            (5) in subsection (g), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``of Transportation''; and
                    (B) by striking ``subsection (a)(3) or (4) of this 
                section'' and inserting ``paragraph (3) or (4) of 
                subsection (a)'';
            (6) in subsection (h)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``of Transportation''; 
                and
                    (B) in paragraph (2), by striking ``of this 
                section'';
            (7) in subsection (i)(1), by striking ``of 
        Transportation''; and
            (8) in subsection (j), as so redesignated by section 20025 
        of this division, by striking ``Committees on Banking, Housing, 
        and Urban Affairs and Appropriations of the Senate and 
        Committees on Transportation and Infrastructure and 
        Appropriations of the House of Representatives'' and inserting 
        ``Committee on Banking, Housing, and Urban Affairs and the 
        Committee on Appropriations of the Senate and the Committee on 
        Transportation and Infrastructure and the Committee on 
        Appropriations of the House of Representatives''.
    (j) Section 5335.--Section 5335(a) of title 49, United States Code, 
is amended by striking ``of Transportation''.
    (k) Table of Sections.--The table of sections for chapter 53 of 
title 49, United States Code, is amended to read as follows:

``Sec.
``5301. Policies, purposes, and goals.
``5302. Definitions.
``5303. Metropolitan transportation planning.
``5304. Statewide and nonmetropolitan transportation planning.
``5305. Planning programs.
``5306. Public transportation emergency relief program.
``5307. Urbanized area formula grants.
``5308. Clean fuel grant program.
``5309. Fixed guideway capital investment grants.
``5310. Formula grants for the enhanced mobility of seniors and 
                            individuals with disabilities.
``5311. Formula grants for other than urbanized areas.
``5312. Research, development, demonstration, and deployment projects.
``5313. Transit cooperative research program.
``5314. Technical assistance and standards development.
``5315. National Transit Institute.
``[5316. Repealed.]
``[5317. Repealed.]
``5318. Bus testing facilities.
``5319. Bicycle facilities.
``5320. Alternative transportation in parks and public lands.
``[5321. Repealed.]
``5322. Public transportation workforce development and human resource 
                            programs.
``5323. General provisions.
``[5324. Repealed.]
``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.''.

  DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

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

SEC. 31001. SHORT TITLE.

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

SEC. 31002. DEFINITION.

    In this title, the term ``Secretary'' means the Secretary of 
Transportation.

                       Subtitle A--Highway Safety

SEC. 31101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway safety programs.--For carrying out section 402 
        of title 23, United States Code--
                    (A) $243,000,000 for fiscal year 2012; and
                    (B) $243,000,000 for fiscal year 2013.
            (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code--
                    (A) $130,000,000 for fiscal year 2012; and
                    (B) $139,000,000 for fiscal year 2013.
            (3) Combined occupant protection grants.--For carrying out 
        section 405 of title 23, United States Code--
                    (A) $44,000,000 for fiscal year 2012; and
                    (B) $44,000,000 for fiscal year 2013.
            (4) State traffic safety information system improvements.--
        For carrying out section 408 of title 23, United States Code--
                    (A) $44,000,000 for fiscal year 2012; and
                    (B) $44,000,000 for fiscal year 2013.
            (5) Impaired driving countermeasures.--For carrying out 
        section 410 of title 23, United States Code--
                    (A) $139,000,000 for fiscal year 2012; and
                    (B) $139,000,000 for fiscal year 2013.
            (6) Distracted driving grants.--For carrying out section 
        411 of title 23, United States Code--
                    (A) $39,000,000 for fiscal year 2012; and
                    (B) $39,000,000 for fiscal year 2013.
            (7) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                    (A) $5,000,000 for fiscal year 2012; and
                    (B) $5,000,000 for fiscal year 2013.
            (8) High visibility enforcement program.--For carrying out 
        section 2009 of SAFETEA-LU (23 U.S.C. 402 note)--
                    (A) $37,000,000 for fiscal year 2012; and
                    (B) $37,000,000 for fiscal year 2013.
            (9) Motorcyclist safety.--For carrying out section 2010 of 
        SAFETEA-LU (23 U.S.C. 402 note)--
                    (A) $6,000,000 for fiscal year 2012; and
                    (B) $6,000,000 for fiscal year 2013.
            (10) Administrative expenses.--For administrative and 
        related operating expenses of the National Highway Traffic 
        Safety Administration in carrying out chapter 4 of title 23, 
        United States Code, and this subtitle--
                    (A) $25,581,280 for fiscal year 2012; and
                    (B) $25,862,674 for fiscal year 2013.
            (11) Driver alcohol detection system for safety research.--
        For carrying out section 413 of title 23, United States Code--
                    (A) $12,000,000 for fiscal year 2012; and
                    (B) $12,000,000 for fiscal year 2013.
            (12) State graduated driver licensing laws.--For carrying 
        out section 414 of title 23, United States Code--
                    (A) $22,000,000 for fiscal year 2012; and
                    (B) $22,000,000 for fiscal year 2013.
    (b) Prohibition on Other Uses.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, in this subtitle, and in the 
amendments made by this subtitle, the amounts made available from the 
Highway Trust Fund (other than the Mass Transit Account) for a program 
under such chapter--
            (1) shall only be used to carry out such program; and
            (2) may not be used by States or local governments for 
        construction purposes.
    (c) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and in this subtitle, 
amounts made available under subsection (a) for fiscal years 2012 and 
2013 shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States Code.
    (d) Regulatory Authority.--Grants awarded under this subtitle shall 
be in accordance with regulations issued by the Secretary.
    (e) State Matching Requirements.--If a grant awarded under this 
subtitle requires a State to share in the cost, the aggregate of all 
expenditures for highway safety activities made during any fiscal year 
by the State and its political subdivisions (exclusive of Federal 
funds) for carrying out the grant (other than planning and 
administration) shall be available for the purpose of crediting the 
State during such fiscal year for the non-Federal share of the cost of 
any project under this subtitle (other than planning or administration) 
without regard to whether such expenditures were actually made in 
connection with such project.
    (f) Maintenance of Effort.--
            (1) Requirement.--No grant may be made to a State under 
        section 405, 408, or 410 of title 23, United States Code, in 
        any fiscal year unless the State enters into such agreements 
        with the Secretary as the Secretary may require to ensure that 
        the State will maintain its aggregate expenditures from all 
        State and local sources for programs described in such sections 
        at or above the average level of such expenditures in its 2 
        fiscal years preceding the date of enactment of this Act.
            (2) Waiver.--Upon the request of a State, the Secretary may 
        waive or modify the requirements under paragraph (1) for not 
        more than 1 fiscal year if the Secretary determines that such a 
        waiver would be equitable due to exceptional or uncontrollable 
        circumstances.
    (g) Transfers.--In each fiscal year, the Secretary may transfer any 
amounts remaining available under paragraphs (3), (4), (5), (6), (9), 
(11), and (12) of subsection (a) to the amounts made available under 
paragraph (1) or any other of such paragraphs in order to ensure, to 
the maximum extent possible, that all funds are obligated.
    (h) Grant Application and Deadline.--To receive a grant under this 
subtitle, a State shall submit an application, and the Secretary shall 
establish a single deadline for such applications to enable the award 
of grants early in the next fiscal year.
    (i) Allocation To Support State Distracted Driving Laws.--Of the 
amounts available under subsection (a)(6) for distracted driving 
grants, the Secretary may expend, in each fiscal year, up to $5,000,000 
for the development and placement of broadcast media to support the 
enforcement of State distracted driving laws.

SEC. 31102. HIGHWAY SAFETY PROGRAMS.

    (a) Programs Included.--Section 402(a) of title 23, United States 
Code, is amended to read as follows:
    ``(a) Program Required.--
            ``(1) In general.--Each State shall have a highway safety 
        program, approved by the Secretary, that is designed to reduce 
        traffic accidents and the resulting deaths, injuries, and 
        property damage.
            ``(2) Uniform guidelines.--Programs required under 
        paragraph (1) shall comply with uniform guidelines, promulgated 
        by the Secretary and expressed in terms of performance 
        criteria, that--
                    ``(A) include programs--
                            ``(i) to reduce injuries and deaths 
                        resulting from motor vehicles being driven in 
                        excess of posted speed limits;
                            ``(ii) to encourage the proper use of 
                        occupant protection devices (including the use 
                        of safety belts and child restraint systems) by 
                        occupants of motor vehicles;
                            ``(iii) to reduce injuries and deaths 
                        resulting from persons driving motor vehicles 
                        while impaired by alcohol or a controlled 
                        substance;
                            ``(iv) to prevent accidents and reduce 
                        injuries and deaths resulting from accidents 
                        involving motor vehicles and motorcycles;
                            ``(v) to reduce injuries and deaths 
                        resulting from accidents involving school 
                        buses;
                            ``(vi) to reduce accidents resulting from 
                        unsafe driving behavior (including aggressive 
                        or fatigued driving and distracted driving 
                        arising from the use of electronic devices in 
                        vehicles); and
                            ``(vii) to improve law enforcement services 
                        in motor vehicle accident prevention, traffic 
                        supervision, and post-accident procedures;
                    ``(B) improve driver performance, including--
                            ``(i) driver education;
                            ``(ii) driver testing to determine 
                        proficiency to operate motor vehicles; and
                            ``(iii) driver examinations (physical, 
                        mental, and driver licensing);
                    ``(C) improve pedestrian performance and bicycle 
                safety;
                    ``(D) include provisions for--
                            ``(i) an effective record system of 
                        accidents (including resulting injuries and 
                        deaths);
                            ``(ii) accident investigations to determine 
                        the probable causes of accidents, injuries, and 
                        deaths;
                            ``(iii) vehicle registration, operation, 
                        and inspection; and
                            ``(iv) emergency services; and
                    ``(E) to the extent determined appropriate by the 
                Secretary, are applicable to federally administered 
                areas where a Federal department or agency controls the 
                highways or supervises traffic operations.''.
    (b) Administration of State Programs.--Section 402(b)(1) of title 
23, United States Code, is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) by redesignating subparagraph (E) as subparagraph (F);
            (3) by inserting after subparagraph (D) the following:
                    ``(E) beginning on October 1, 2012, provide for a 
                robust, data-driven traffic safety enforcement program 
                to prevent traffic violations, crashes, and crash 
                fatalities and injuries in areas most at risk for such 
                incidents, to the satisfaction of the Secretary;''; and
            (4) in subparagraph (F), as redesignated--
                    (A) in clause (i), by inserting ``and high-
                visibility law enforcement mobilizations coordinated by 
                the Secretary'' after ``mobilizations'';
                    (B) in clause (iii), by striking ``and'' at the 
                end;
                    (C) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
                            ``(v) ensuring that the State will 
                        coordinate its highway safety plan, data 
                        collection, and information systems with the 
                        State strategic highway safety plan (as defined 
                        in section 148(a)).''.
    (c) Approved Highway Safety Programs.--Section 402(c) of title 23, 
United States Code, is amended--
            (1) by striking ``(c) Funds authorized'' and inserting the 
        following:
    ``(c) Use of Funds.--
            ``(1) In general.--Funds authorized'';
            (2) by striking ``Such funds'' and inserting the following:
            ``(2) Apportionment.--Except for amounts identified in 
        subsection (l) and section 403(e), funds described in paragraph 
        (1)'';
            (3) by striking ``The Secretary shall not'' and all that 
        follows through ``subsection, a highway safety program'' and 
        inserting ``A highway safety program'';
            (4) by inserting ``A State may use the funds apportioned 
        under this section, in cooperation with neighboring States, for 
        highway safety programs or related projects that may confer 
        benefits on such neighboring States.'' after ``in every 
        State.'';
            (5) by striking ``50 per centum'' and inserting ``20 
        percent''; and
            (6) by striking ``The Secretary shall promptly'' and all 
        that follows and inserting the following:
            ``(3) Reapportionment.--The Secretary shall promptly 
        apportion the funds withheld from a State's apportionment to 
        the State if the Secretary approves the State's highway safety 
        program or determines that the State has begun implementing an 
        approved program, as appropriate, not later than July 31st of 
        the fiscal year for which the funds were withheld. If the 
        Secretary determines that the State did not correct its failure 
        within such period, the Secretary shall reapportion the 
        withheld funds to the other States in accordance with the 
        formula specified in paragraph (2) not later than the last day 
        of the fiscal year.''.
    (d) Use of Highway Safety Program Funds.--Section 402(g) of title 
23, United States Code, is amended to read as follows:
    ``(g) Savings Provision.--
            ``(1) In general.--Except as provided under paragraph (2), 
        nothing in this section may be construed to authorize the 
        appropriation or expenditure of funds for--
                    ``(A) highway construction, maintenance, or design 
                (other than design of safety features of highways to be 
                incorporated into guidelines); or
                    ``(B) any purpose for which funds are authorized by 
                section 403.
            ``(2) Demonstration projects.--A State may use funds made 
        available to carry out this section to assist in demonstration 
        projects carried out by the Secretary under section 403.''.
    (e) In General.--Section 402 of title 23, United States Code, is 
amended--
            (1) by striking subsections (k) and (m);
            (2) by redesignating subsections (i) and (j) as subsections 
        (h) and (i), respectively; and
            (3) by redesignating subsection (l) as subsection (j).
    (f) Highway Safety Plan and Reporting Requirements.--Section 402 of 
title 23, United States Code, as amended by this section, is further 
amended by adding at the end the following:
    ``(k) Highway Safety Plan and Reporting Requirements.--
            ``(1) In general.--The Secretary shall require each State 
        to develop and submit to the Secretary a highway safety plan 
        that complies with the requirements under this subsection not 
        later than July 1, 2012, and annually thereafter.
            ``(2) Contents.--State highway safety plans submitted under 
        paragraph (1) shall include--
                    ``(A) performance measures required by the 
                Secretary or otherwise necessary to support additional 
                State safety goals, including--
                            ``(i) documentation of current safety 
                        levels for each performance measure;
                            ``(ii) quantifiable annual performance 
                        targets for each performance measure; and
                            ``(iii) a justification for each 
                        performance target;
                    ``(B) a strategy for programming funds apportioned 
                to the State under this section on projects and 
                activities that will allow the State to meet the 
                performance targets described in subparagraph (A);
                    ``(C) data and data analysis supporting the 
                effectiveness of proposed countermeasures;
                    ``(D) a description of any Federal, State, local, 
                or private funds that the State plans to use, in 
                addition to funds apportioned to the State under this 
                section, to carry out the strategy described in 
                subparagraph (B);
                    ``(E) beginning with the plan submitted by July 1, 
                2013, a report on the State's success in meeting State 
                safety goals set forth in the previous year's highway 
                safety plan; and
                    ``(F) an application for any additional grants 
                available to the State under this chapter.
            ``(3) Performance measures.--For the first highway safety 
        plan submitted under this subsection, the performance measures 
        required by the Secretary under paragraph (2)(A) shall be 
        limited to those developed by the National Highway Traffic 
        Safety Administration and the Governor's Highway Safety 
        Association and described in the report, `Traffic Safety 
        Performance Measures for States and Federal Agencies' (DOT HS 
        811 025). For subsequent highway safety plans, the Secretary 
        shall consult with the Governor's Highway Safety Association 
        and safety experts if the Secretary makes revisions to the set 
        of required performance measures.
            ``(4) Review of highway safety plans.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which a State's highway safety plan is received 
                by the Secretary, the Secretary shall review and 
                approve or disapprove the plan.
                    ``(B) Approvals and disapprovals.--
                            ``(i) Approvals.--The Secretary shall 
                        approve a State's highway safety plan if the 
                        Secretary determines that--
                                    ``(I) the plan is evidence-based 
                                and supported by data;
                                    ``(II) the performance targets are 
                                adequate; and
                                    ``(III) the plan, once implemented, 
                                will allow the State to meet such 
                                targets.
                            ``(ii) Disapprovals.--The Secretary shall 
                        disapprove a State's highway safety plan if the 
                        Secretary determines that the plan does not--
                                    ``(I) set appropriate performance 
                                targets; or
                                    ``(II) provide for evidence-based 
                                programming of funding in a manner 
                                sufficient to allow the State to meet 
                                such targets.
                    ``(C) Actions upon disapproval.--If the Secretary 
                disapproves a State's highway safety plan, the 
                Secretary shall--
                            ``(i) inform the State of the reasons for 
                        such disapproval; and
                            ``(ii) require the State to resubmit the 
                        plan with any modifications that the Secretary 
                        determines to be necessary.
                    ``(D) Review of resubmitted plans.--If the 
                Secretary requires a State to resubmit a highway safety 
                plan, with modifications, the Secretary shall review 
                and approve or disapprove the modified plan not later 
                than 30 days after the date on which the Secretary 
                receives such plan.
                    ``(E) Reprogramming authority.--If the Secretary 
                determines that the modifications contained in a 
                State's resubmitted highway safety plan do not provide 
                for the programming of funding in a manner sufficient 
                to meet the State's performance goals, the Secretary, 
                in consultation with the State, shall take such action 
                as may be necessary to bring the State's plan into 
                compliance with the performance targets.
                    ``(F) Public notice.--A State shall make the 
                State's highway safety plan, and decisions of the 
                Secretary concerning approval or disapproval of a 
                revised plan, available to the public.''.
    (g) Cooperative Research and Evaluation.--Section 402 of title 23, 
United States Code, as amended by this section, is further amended by 
adding at the end the following:
    ``(l) Cooperative Research and Evaluation.--
            ``(1) Establishment and funding.--Notwithstanding the 
        apportionment formula set forth in subsection (c)(2), 
        $2,500,000 of the total amount available for apportionment to 
        the States for highway safety programs under subsection (c) in 
        each fiscal year shall be available for expenditure by the 
        Secretary, acting through the Administrator of the National 
        Highway Traffic Safety Administration, for a cooperative 
        research and evaluation program to research and evaluate 
        priority highway safety countermeasures.
            ``(2) Administration.--The program established under 
        paragraph (1)--
                    ``(A) shall be administered by the Administrator of 
                the National Highway Traffic Safety Administration; and
                    ``(B) shall be jointly managed by the Governors 
                Highway Safety Association and the National Highway 
                Traffic Safety Administration.''.
    (h) Teen Traffic Safety Program.--Section 402 of title 23, United 
States Code, as amended by this section, is further amended by adding 
at the end the following:
    ``(m) Teen Traffic Safety Program.--
            ``(1) Program authorized.--Subject to the requirements of a 
        State's highway safety plan, as approved by the Secretary under 
        subsection (k), a State may use a portion of the amounts 
        received under this section to implement a statewide teen 
        traffic safety program to improve traffic safety for teen 
        drivers.
            ``(2) Strategies.--The program implemented under paragraph 
        (1)--
                    ``(A) shall include peer-to-peer education and 
                prevention strategies in schools and communities 
                designed to--
                            ``(i) increase safety belt use;
                            ``(ii) reduce speeding;
                            ``(iii) reduce impaired and distracted 
                        driving;
                            ``(iv) reduce underage drinking; and
                            ``(v) reduce other behaviors by teen 
                        drivers that lead to injuries and fatalities; 
                        and
                    ``(B) may include--
                            ``(i) working with student-led groups and 
                        school advisors to plan and implement teen 
                        traffic safety programs;
                            ``(ii) providing subgrants to schools 
                        throughout the State to support the 
                        establishment and expansion of student groups 
                        focused on teen traffic safety;
                            ``(iii) providing support, training, and 
                        technical assistance to establish and expand 
                        school and community safety programs for teen 
                        drivers;
                            ``(iv) creating statewide or regional 
                        websites to publicize and circulate information 
                        on teen safety programs;
                            ``(v) conducting outreach and providing 
                        educational resources for parents;
                            ``(vi) establishing State or regional 
                        advisory councils comprised of teen drivers to 
                        provide input and recommendations to the 
                        governor and the governor's safety 
                        representative on issues related to the safety 
                        of teen drivers;
                            ``(vii) collaborating with law enforcement;
                            ``(viii) organizing and hosting State and 
                        regional conferences for teen drivers;
                            ``(ix) establishing partnerships and 
                        promoting coordination among community 
                        stakeholders, including public, not-for-profit, 
                        and for profit entities; and
                            ``(x) funding a coordinator position for 
                        the teen safety program in the State or 
                        region.''.

SEC. 31103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

    Section 403 of title 23, United States Code, is amended to read as 
follows:
``Sec. 403. Highway safety research and development
    ``(a) Defined Term.--In this section, the term `Federal laboratory' 
includes--
            ``(1) a government-owned, government-operated laboratory; 
        and
            ``(2) a government-owned, contractor-operated laboratory.
    ``(b) General Authority.--
            ``(1) Research and development activities.--The Secretary 
        may conduct research and development activities, including 
        demonstration projects and the collection and analysis of 
        highway and motor vehicle safety data and related information 
        needed to carry out this section, with respect to--
                    ``(A) all aspects of highway and traffic safety 
                systems and conditions relating to--
                            ``(i) vehicle, highway, driver, passenger, 
                        motorcyclist, bicyclist, and pedestrian 
                        characteristics;
                            ``(ii) accident causation and 
                        investigations;
                            ``(iii) communications;
                            ``(iv) emergency medical services; and
                            ``(v) transportation of the injured;
                    ``(B) human behavioral factors and their effect on 
                highway and traffic safety, including--
                            ``(i) driver education;
                            ``(ii) impaired driving;
                            ``(iii) distracted driving; and
                            ``(iv) new technologies installed in, or 
                        brought into, vehicles;
                    ``(C) an evaluation of the effectiveness of 
                countermeasures to increase highway and traffic safety, 
                including occupant protection and alcohol- and drug-
                impaired driving technologies and initiatives;
                    ``(D) the development of technologies to detect 
                drug impaired drivers; and
                    ``(E) the effect of State laws on any aspects, 
                activities, or programs described in subparagraphs (A) 
                through (D).
            ``(2) Cooperation, grants, and contracts.--The Secretary 
        may carry out this section--
                    ``(A) independently;
                    ``(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities and 
                Federal laboratories;
                    ``(C) by entering into contracts, cooperative 
                agreements, and other transactions with the National 
                Academy of Sciences, any Federal laboratory, State or 
                local agency, authority, association, institution, 
                foreign country, or person (as defined in chapter 1 of 
                title 1); or
                    ``(D) by making grants to the National Academy of 
                Sciences, any Federal laboratory, State or local 
                agency, authority, association, institution, or person 
                (as defined in chapter 1 of title 1).
    ``(c) Collaborative Research and Development.--
            ``(1) In general.--To encourage innovative solutions to 
        highway safety problems, stimulate voluntary improvements in 
        highway safety, and stimulate the marketing of new highway 
        safety related technology by private industry, the Secretary is 
        authorized to carry out, on a cost-shared basis, collaborative 
        research and development with--
                    ``(A) non-Federal entities, including State and 
                local governments, foreign countries, colleges, 
                universities, corporations, partnerships, sole 
                proprietorships, organizations serving the interests of 
                children, people with disabilities, low-income 
                populations, and older adults, and trade associations 
                that are incorporated or established under the laws of 
                any State or the United States; and
                    ``(B) Federal laboratories.
            ``(2) Agreements.--In carrying out this subsection, the 
        Secretary may enter into cooperative research and development 
        agreements (as defined in section 12 of the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which 
        the Secretary provides not more than 50 percent of the cost of 
        any research or development project under this subsection.
            ``(3) Use of technology.--The research, development, or use 
        of any technology pursuant to an agreement under this 
        subsection, including the terms under which technology may be 
        licensed and the resulting royalties may be distributed, shall 
        be subject to the provisions of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
    ``(d) Title to Equipment.--In furtherance of the purposes set forth 
in section 402, the Secretary may vest title to equipment purchased for 
demonstration projects with funds authorized under this section to 
State or local agencies on such terms and conditions as the Secretary 
determines to be appropriate.
    ``(e) Training.--Notwithstanding the apportionment formula set 
forth in section 402(c)(2), 1 percent of the total amount available for 
apportionment to the States for highway safety programs under section 
402(c) in each fiscal year shall be available, through the end of the 
succeeding fiscal year, to the Secretary, acting through the 
Administrator of the National Highway Traffic Safety Administration--
            ``(1) to provide training, conducted or developed by 
        Federal or non-Federal entity or personnel, to Federal, State, 
        and local highway safety personnel; and
            ``(2) to pay for any travel, administrative, and other 
        expenses related to such training.
    ``(f) Driver Licensing and Fitness To Drive Clearinghouse.--From 
amounts made available under this section, the Secretary, acting 
through the Administrator of the National Highway Traffic Safety 
Administration, is authorized to expend $1,280,000 between the date of 
enactment of the Motor Vehicle and Highway Safety Improvement Act of 
2012 and September 30, 2013, to establish an electronic clearinghouse 
and technical assistance service to collect and disseminate research 
and analysis of medical and technical information and best practices 
concerning drivers with medical issues that may be used by State driver 
licensing agencies in making licensing qualification decisions.
    ``(g) International Highway Safety Information and Cooperation.--
            ``(1) Establishment.--The Secretary, acting through the 
        Administrator of the National Highway Traffic Safety 
        Administration, may establish an international highway safety 
        information and cooperation program to--
                    ``(A) inform the United States highway safety 
                community of laws, projects, programs, data, and 
                technology in foreign countries that could be used to 
                enhance highway safety in the United States;
                    ``(B) permit the exchange of information with 
                foreign countries about laws, projects, programs, data, 
                and technology that could be used to enhance highway 
                safety; and
                    ``(C) allow the Secretary, represented by the 
                Administrator, to participate and cooperate in 
                international activities to enhance highway safety.
            ``(2) Cooperation.--The Secretary may carry out this 
        subsection in cooperation with any appropriate Federal agency, 
        State or local agency or authority, foreign government, or 
        multinational institution.
    ``(h) Prohibition on Certain Disclosures.--Any report of the 
National Highway Traffic Safety Administration, or of any officer, 
employee, or contractor of the National Highway Traffic Safety 
Administration, relating to any highway traffic accident or the 
investigation of such accident conducted pursuant to this chapter or 
chapter 301 shall be made available to the public in a manner that does 
not identify individuals.
    ``(i) Model Specifications for Devices.--The Secretary, acting 
through the Administrator of the National Highway Traffic Safety 
Administration, may--
            ``(1) develop model specifications and testing procedures 
        for devices, including devices designed to measure the 
        concentration of alcohol in the body;
            ``(2) conduct periodic tests of such devices;
            ``(3) publish a Conforming Products List of such devices 
        that have met the model specifications; and
            ``(4) may require that any necessary tests of such devices 
        are conducted by a Federal laboratory and paid for by the 
        device manufacturers.''.

SEC. 31104. NATIONAL DRIVER REGISTER.

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

SEC. 31105. COMBINED OCCUPANT PROTECTION GRANTS.

    (a) In General.--Section 405 of title 23, United States Code, is 
amended to read as follows:
``Sec. 405. Combined occupant protection grants
    ``(a) General Authority.--Subject to the requirements of this 
section, the Secretary of Transportation shall award grants to States 
that adopt and implement effective occupant protection programs to 
reduce highway deaths and injuries resulting from individuals riding 
unrestrained or improperly restrained in motor vehicles.
    ``(b) Federal Share.--The Federal share of the costs of activities 
funded using amounts from grants awarded under this section may not 
exceed 80 percent for each fiscal year for which a State receives a 
grant.
    ``(c) Eligibility.--
            ``(1) High seat belt use rate.--A State with an observed 
        seat belt use rate of 90 percent or higher, based on the most 
        recent data from a survey that conforms with national criteria 
        established by the National Highway Traffic Safety 
        Administration, shall be eligible for a grant in a fiscal year 
        if the State--
                    ``(A) submits an occupant protection plan during 
                the first fiscal year;
                    ``(B) participates in the Click It or Ticket 
                national mobilization;
                    ``(C) has an active network of child restraint 
                inspection stations; and
                    ``(D) has a plan to recruit, train, and maintain a 
                sufficient number of child passenger safety 
                technicians.
            ``(2) Lower seat belt use rate.--A State with an observed 
        seat belt use rate below 90 percent, based on the most recent 
        data from a survey that conforms with national criteria 
        established by the National Highway Traffic Safety 
        Administration, shall be eligible for a grant in a fiscal year 
        if--
                    ``(A) the State meets all of the requirements under 
                subparagraphs (A) through (D) of paragraph (1); and
                    ``(B) the Secretary determines that the State meets 
                at least 3 of the following criteria:
                            ``(i) The State conducts sustained (on-
                        going and periodic) seat belt enforcement at a 
                        defined level of participation during the year.
                            ``(ii) The State has enacted and enforces a 
                        primary enforcement seat belt use law.
                            ``(iii) The State has implemented 
                        countermeasure programs for high-risk 
                        populations, such as drivers on rural roadways, 
                        unrestrained nighttime drivers, or teenage 
                        drivers.
                            ``(iv) The State has enacted and enforces 
                        occupant protection laws requiring front and 
                        rear occupant protection use by all occupants 
                        in an age-appropriate restraint.
                            ``(v) The State has implemented a 
                        comprehensive occupant protection program in 
                        which the State has--
                                    ``(I) conducted a program 
                                assessment;
                                    ``(II) developed a statewide 
                                strategic plan;
                                    ``(III) designated an occupant 
                                protection coordinator; and
                                    ``(IV) established a statewide 
                                occupant protection task force.
                            ``(vi) The State--
                                    ``(I) completed an assessment of 
                                its occupant protection program during 
                                the 3-year period preceding the grant 
                                year; or
                                    ``(II) will conduct such an 
                                assessment during the first year of the 
                                grant.
    ``(d) Use of Grant Amounts.--Grant funds received pursuant to this 
section may be used to--
            ``(1) carry out a program to support high-visibility 
        enforcement mobilizations, including paid media that emphasizes 
        publicity for the program, and law enforcement;
            ``(2) carry out a program to train occupant protection 
        safety professionals, police officers, fire and emergency 
        medical personnel, educators, and parents concerning all 
        aspects of the use of child restraints and occupant protection;
            ``(3) carry out a program to educate the public concerning 
        the proper use and installation of child restraints, including 
        related equipment and information systems;
            ``(4) carry out a program to provide community child 
        passenger safety services, including programs about proper 
        seating positions for children and how to reduce the improper 
        use of child restraints;
            ``(5) purchase and distribute child restraints to low-
        income families if not more than 5 percent of the funds 
        received in a fiscal year are used for this purpose;
            ``(6) establish and maintain information systems containing 
        data concerning occupant protection, including the collection 
        and administration of child passenger safety and occupant 
        protection surveys; and
            ``(7) carry out a program to educate the public concerning 
        the dangers of leaving children unattended in vehicles.
    ``(e) Grant Amount.--The allocation of grant funds under this 
section to a State for a fiscal year shall be in proportion to the 
State's apportionment under section 402 for fiscal year 2009.
    ``(f) Report.--A State that receives a grant under this section 
shall submit a report to the Secretary that documents the manner in 
which the grant amounts were obligated and expended and identifies the 
specific programs carried out with the grant funds. The report shall be 
in a form prescribed by the Secretary and may be combined with other 
State grant reporting requirements under chapter 4 of title 23, United 
States Code.
    ``(g) Definitions.--In this section:
            ``(1) Child restraint.--The term `child restraint' means 
        any device (including child safety seat, booster seat, harness, 
        and excepting seat belts) designed for use in a motor vehicle 
        to restrain, seat, or position children who weigh 65 pounds (30 
        kilograms) or less, and certified to the Federal motor vehicle 
        safety standard prescribed by the National Highway Traffic 
        Safety Administration for child restraints.
            ``(2) Seat belt.--The term `seat belt' means--
                    ``(A) with respect to open-body motor vehicles, 
                including convertibles, an occupant restraint system 
                consisting of a lap belt or a lap belt and a detachable 
                shoulder belt; and
                    ``(B) with respect to other motor vehicles, an 
                occupant restraint system consisting of integrated lap 
                and shoulder belts.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by striking the item relating to section 
405 and inserting the following:

``405. Combined occupant protection grants.''.

SEC. 31106. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.

    Section 408 of title 23, United States Code, is amended to read as 
follows:
``Sec. 408. State traffic safety information system improvements
    ``(a) General Authority.--Subject to the requirements of this 
section, the Secretary of Transportation shall award grants to States 
to support the development and implementation of effective State 
programs that--
            ``(1) improve the timeliness, accuracy, completeness, 
        uniformity, integration, and accessibility of the State safety 
        data that is needed to identify priorities for Federal, State, 
        and local highway and traffic safety programs;
            ``(2) evaluate the effectiveness of efforts to make such 
        improvements;
            ``(3) link the State data systems, including traffic 
        records, with other data systems within the State, such as 
        systems that contain medical, roadway, and economic data;
            ``(4) improve the compatibility and interoperability of the 
        data systems of the State with national data systems and data 
        systems of other States; and
            ``(5) enhance the ability of the Secretary to observe and 
        analyze national trends in crash occurrences, rates, outcomes, 
        and circumstances.
    ``(b) Federal Share.--The Federal share of the cost of adopting and 
implementing in a fiscal year a State program described in this section 
may not exceed 80 percent.
    ``(c) Eligibility.--A State is not eligible for a grant under this 
section in a fiscal year unless the State demonstrates, to the 
satisfaction of the Secretary, that the State--
            ``(1) has a functioning traffic records coordinating 
        committee (referred to in this subsection as `TRCC') that meets 
        at least 3 times a year;
            ``(2) has designated a TRCC coordinator;
            ``(3) has established a State traffic record strategic plan 
        that has been approved by the TRCC and describes specific 
        quantifiable and measurable improvements anticipated in the 
        State's core safety databases, including crash, citation or 
        adjudication, driver, emergency medical services or injury 
        surveillance system, roadway, and vehicle databases;
            ``(4) has demonstrated quantitative progress in relation to 
        the significant data program attribute of--
                    ``(A) accuracy;
                    ``(B) completeness;
                    ``(C) timeliness;
                    ``(D) uniformity;
                    ``(E) accessibility; or
                    ``(F) integration of a core highway safety 
                database; and
            ``(5) has certified to the Secretary that an assessment of 
        the State's highway safety data and traffic records system was 
        conducted or updated during the preceding 5 years.
    ``(d) Use of Grant Amounts.--Grant funds received by a State under 
this section shall be used for making data program improvements to core 
highway safety databases related to quantifiable, measurable progress 
in any of the 6 significant data program attributes set forth in 
subsection (c)(4).
    ``(e) Grant Amount.--The allocation of grant funds under this 
section to a State for a fiscal year shall be in proportion to the 
State's apportionment under section 402 for fiscal year 2009.''.

SEC. 31107. IMPAIRED DRIVING COUNTERMEASURES.

    (a) In General.--Section 410 of title 23, United States Code, is 
amended to read as follows:
``Sec. 410. Impaired driving countermeasures
    ``(a) Grants Authorized.--Subject to the requirements of this 
section, the Secretary of Transportation shall award grants to States 
that adopt and implement--
            ``(1) effective programs to reduce driving under the 
        influence of alcohol, drugs, or the combination of alcohol and 
        drugs; or
            ``(2) alcohol-ignition interlock laws.
    ``(b) Federal Share.--The Federal share of the costs of activities 
funded using amounts from grants under this section may not exceed 80 
percent in any fiscal year in which the State receives a grant.
    ``(c) Eligibility.--
            ``(1) Low-range states.--Low-range States shall be eligible 
        for a grant under this section.
            ``(2) Mid-range states.--A mid-range State shall be 
        eligible for a grant under this section if--
                    ``(A) a statewide impaired driving task force in 
                the State developed a statewide plan during the most 
                recent 3 calendar years to address the problem of 
                impaired driving; or
                    ``(B) the State will convene a statewide impaired 
                driving task force to develop such a plan during the 
                first year of the grant.
            ``(3) High-range states.--A high-range State shall be 
        eligible for a grant under this section if the State--
                    ``(A)(i) conducted an assessment of the State's 
                impaired driving program during the most recent 3 
                calendar years; or
                    ``(ii) will conduct such an assessment during the 
                first year of the grant;
                    ``(B) convenes, during the first year of the grant, 
                a statewide impaired driving task force to develop a 
                statewide plan that--
                            ``(i) addresses any recommendations from 
                        the assessment conducted under subparagraph 
                        (A);
                            ``(ii) includes a detailed plan for 
                        spending any grant funds provided under this 
                        section; and
                            ``(iii) describes how such spending 
                        supports the statewide program;
                    ``(C)(i) submits the statewide plan to the National 
                Highway Traffic Safety Administration during the first 
                year of the grant for the agency's review and approval;
                    ``(ii) annually updates the statewide plan in each 
                subsequent year of the grant; and
                    ``(iii) submits each updated statewide plan for the 
                agency's review and comment; and
                    ``(D) appoints a full or part-time impaired driving 
                coordinator--
                            ``(i) to coordinate the State's activities 
                        to address enforcement and adjudication of laws 
                        to address driving while impaired by alcohol; 
                        and
                            ``(ii) to oversee the implementation of the 
                        statewide plan.
    ``(d) Use of Grant Amounts.--
            ``(1) Required programs.--High-range States shall use grant 
        funds for--
                    ``(A) high visibility enforcement efforts; and
                    ``(B) any of the activities described in paragraph 
                (2) if--
                            ``(i) the activity is described in the 
                        statewide plan; and
                            ``(ii) the Secretary approves the use of 
                        funding for such activity.
            ``(2) Authorized programs.--Medium-range and low-range 
        States may use grant funds for--
                    ``(A) any of the purposes described in paragraph 
                (1);
                    ``(B) paid and earned media in support of high 
                visibility enforcement efforts;
                    ``(C) hiring a full-time or part-time impaired 
                driving coordinator of the State's activities to 
                address the enforcement and adjudication of laws 
                regarding driving while impaired by alcohol;
                    ``(D) court support of high visibility enforcement 
                efforts;
                    ``(E) alcohol ignition interlock programs;
                    ``(F) improving blood-alcohol concentration testing 
                and reporting;
                    ``(G) establishing driving while intoxicated 
                courts;
                    ``(H) conducting--
                            ``(i) standardized field sobriety training;
                            ``(ii) advanced roadside impaired driving 
                        evaluation training; and
                            ``(iii) drug recognition expert training 
                        for law enforcement;
                    ``(I) training and education of criminal justice 
                professionals (including law enforcement, prosecutors, 
                judges and probation officers) to assist such 
                professionals in handling impaired driving cases;
                    ``(J) traffic safety resource prosecutors;
                    ``(K) judicial outreach liaisons;
                    ``(L) equipment and related expenditures used in 
                connection with impaired driving enforcement in 
                accordance with criteria established by the National 
                Highway Traffic Safety Administration;
                    ``(M) training on the use of alcohol screening and 
                brief intervention;
                    ``(N) developing impaired driving information 
                systems; and
                    ``(O) costs associated with a `24-7 sobriety 
                program'.
            ``(3) Other programs.--Low-range States may use grant funds 
        for any expenditure designed to reduce impaired driving based 
        on problem identification. Medium and high-range States may use 
        funds for such expenditures upon approval by the Secretary.
    ``(e) Grant Amount.--Subject to subsection (f), the allocation of 
grant funds to a State under this section for a fiscal year shall be in 
proportion to the State's apportionment under section 402(c) for fiscal 
year 2009.
    ``(f) Grants to States That Adopt and Enforce Mandatory Alcohol-
Ignition Interlock Laws.--
            ``(1) In general.--The Secretary shall make a separate 
        grant under this section to each State that adopts and is 
        enforcing a mandatory alcohol-ignition interlock law for all 
        individuals convicted of driving under the influence of alcohol 
        or of driving while intoxicated.
            ``(2) Use of funds.--Such grants may be used by recipient 
        States only for costs associated with the State's alcohol-
        ignition interlock program, including screening, assessment, 
        and program and offender oversight.
            ``(3) Allocation.--Funds made available under this 
        subsection shall be allocated among States described in 
        paragraph (1) on the basis of the apportionment formula under 
        section 402(c).
            ``(4) Funding.--Not more than 15 percent of the amounts 
        made available to carry out this section in a fiscal year shall 
        be made available by the Secretary for making grants under this 
        subsection.
    ``(g) Definitions.--In this section:
            ``(1) 24-7 sobriety program.--The term `24-7 sobriety 
        program' means a State law or program that authorizes a State 
        court or a State agency, as a condition of sentence, probation, 
        parole, or work permit, to--
                    ``(A) require an individual who plead guilty or was 
                convicted of driving under the influence of alcohol or 
                drugs to totally abstain from alcohol or drugs for a 
                period of time; and
                    ``(B) require the individual to be subject to 
                testing for alcohol or drugs--
                            ``(i) at least twice a day;
                            ``(ii) by continuous transdermal alcohol 
                        monitoring via an electronic monitoring device; 
                        or
                            ``(iii) by an alternate method with the 
                        concurrence of the Secretary.
            ``(2) Average impaired driving fatality rate.--The term 
        `average impaired driving fatality rate' means the number of 
        fatalities in motor vehicle crashes involving a driver with a 
        blood alcohol concentration of at least 0.08 for every 
        100,000,000 vehicle miles traveled, based on the most recently 
        reported 3 calendar years of final data from the Fatality 
        Analysis Reporting System, as calculated in accordance with 
        regulations prescribed by the Administrator of the National 
        Highway Traffic Safety Administration.
            ``(3) High-range state.--The term `high-range State' means 
        a State that has an average impaired driving fatality rate of 
        0.60 or higher.
            ``(4) Low-range state.--The term `low-range State' means a 
        State that has an average impaired driving fatality rate of 
        0.30 or lower.
            ``(5) Mid-range state.--The term `mid-range State' means a 
        State that has an average impaired driving fatality rate that 
        is higher than 0.30 and lower than 0.60.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by striking the item relating to section 
410 and inserting the following:

``410. Impaired driving countermeasures.''.

SEC. 31108. DISTRACTED DRIVING GRANTS.

    (a) In General.--Section 411 of title 23, United States Code, is 
amended to read as follows:
``Sec. 411. Distracted driving grants
    ``(a) In General.--The Secretary shall award a grant under this 
section to any State that enacts and enforces a statute that meets the 
requirements set forth in subsections (b) and (c).
    ``(b) Prohibition on Texting While Driving.--A State statute meets 
the requirements set forth in this subsection if the statute--
            ``(1) prohibits drivers from texting through a personal 
        wireless communications device while driving;
            ``(2) makes violation of the statute a primary offense;
            ``(3) establishes--
                    ``(A) a minimum fine for a first violation of the 
                statute; and
                    ``(B) increased fines for repeat violations; and
            ``(4) provides increased civil and criminal penalties than 
        would otherwise apply if a vehicle accident is caused by a 
        driver who is using such a device in violation of the statute.
    ``(c) Prohibition on Youth Cell Phone Use While Driving.--A State 
statute meets the requirements set forth in this subsection if the 
statute--
            ``(1) prohibits a driver who is younger than 18 years of 
        age from using a personal wireless communications device while 
        driving;
            ``(2) makes violation of the statute a primary offense;
            ``(3) requires distracted driving issues to be tested as 
        part of the State driver's license examination;
            ``(4) establishes--
                    ``(A) a minimum fine for a first violation of the 
                statute; and
                    ``(B) increased fines for repeat violations; and
            ``(5) provides increased civil and criminal penalties than 
        would otherwise apply if a vehicle accident is caused by a 
        driver who is using such a device in violation of the statute.
    ``(d) Permitted Exceptions.--A statute that meets the requirements 
set forth in subsections (b) and (c) may provide exceptions for--
            ``(1) a driver who uses a personal wireless communications 
        device to contact emergency services;
            ``(2) emergency services personnel who use a personal 
        wireless communications device while--
                    ``(A) operating an emergency services vehicle; and
                    ``(B) engaged in the performance of their duties as 
                emergency services personnel; and
            ``(3) an individual employed as a commercial motor vehicle 
        driver or a school bus driver who uses a personal wireless 
        communications device within the scope of such individual's 
        employment if such use is permitted under the regulations 
        promulgated pursuant to section 31152 of title 49.
    ``(e) Use of Grant Funds.--Of the grant funds received by a State 
under this section--
            ``(1) at least 50 percent shall be used--
                    ``(A) to educate the public through advertising 
                containing information about the dangers of texting or 
                using a cell phone while driving;
                    ``(B) for traffic signs that notify drivers about 
                the distracted driving law of the State; or
                    ``(C) for law enforcement costs related to the 
                enforcement of the distracted driving law; and
            ``(2) up to 50 percent may be used for other projects 
        that--
                    ``(A) improve traffic safety; and
                    ``(B) are consistent with the criteria set forth in 
                section 402(a).
    ``(f) Additional Grants.--In fiscal year 2012, the Secretary may 
use up to 25 percent of the funding available for grants under this 
section to award grants to States that--
            ``(1) enacted statutes before July 1, 2011, which meet the 
        requirements under paragraphs (1) and (2) of subsection (b); 
        and
            ``(2) are otherwise ineligible for a grant under this 
        section.
    ``(g) Distracted Driving Study.--
            ``(1) In general.--The Secretary shall conduct a study of 
        all forms of distracted driving.
            ``(2) Components.--The study conducted under paragraph (1) 
        shall--
                    ``(A) examine the effect of distractions other than 
                the use of personal wireless communications on motor 
                vehicle safety;
                    ``(B) identify metrics to determine the nature and 
                scope of the distracted driving problem;
                    ``(C) identify the most effective methods to 
                enhance education and awareness; and
                    ``(D) identify the most effective method of 
                reducing deaths and injuries caused by all forms of 
                distracted driving.
            ``(3) Report.--Not later than 1 year after the date of 
        enactment of the Motor Vehicle and Highway Safety Improvement 
        Act of 2012, the Secretary shall submit a report containing the 
        results of the study conducted under this subsection to--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    ``(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
    ``(h) Definitions.--In this section:
            ``(1) Driving.--The term `driving'--
                    ``(A) means operating a motor vehicle on a public 
                road, including operation while temporarily stationary 
                because of traffic, a traffic light or stop sign, or 
                otherwise; and
                    ``(B) does not include operating a motor vehicle 
                when the vehicle has pulled over to the side of, or 
                off, an active roadway and has stopped in a location 
                where it can safely remain stationary.
            ``(2) Personal wireless communications device.--The term 
        `personal wireless communications device'--
                    ``(A) means a device through which personal 
                wireless services (as defined in section 
                332(c)(7)(C)(i) of the Communications Act of 1934 (47 
                U.S.C. 332(c)(7)(C)(i))) are transmitted; and
                    ``(B) does not include a global navigation 
                satellite system receiver used for positioning, 
                emergency notification, or navigation purposes.
            ``(3) Primary offense.--The term `primary offense' means an 
        offense for which a law enforcement officer may stop a vehicle 
        solely for the purpose of issuing a citation in the absence of 
        evidence of another offense.
            ``(4) Public road.--The term `public road' has the meaning 
        given that term in section 402(c).
            ``(5) Texting.--The term `texting' means reading from or 
        manually entering data into a personal wireless communications 
        device, including doing so for the purpose of SMS texting, e-
        mailing, instant messaging, or engaging in any other form of 
        electronic data retrieval or electronic data communication.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by striking the item relating to section 
411 and inserting the following:

``411. Distracted driving grants.''.

SEC. 31109. HIGH VISIBILITY ENFORCEMENT PROGRAM.

    Section 2009 of SAFETEA-LU (23 U.S.C. 402 note) is amended--
            (1) in subsection (a)--
                    (A) by striking ``at least 2'' and inserting ``at 
                least 3''; and
                    (B) by striking ``years 2006 through 2012.'' and 
                inserting ``fiscal years 2012 and 2013. The 
                Administrator may also initiate and support additional 
                campaigns in each of fiscal years 2012 and 2013 for the 
                purposes specified in subsection (b).'';
            (2) in subsection (b) by striking ``either or both'' and 
        inserting ``outcomes related to at least 1'';
            (3) in subsection (c), by inserting ``and Internet-based 
        outreach'' after ``print media advertising'';
            (4) in subsection (e), by striking ``subsections (a), (c), 
        and (f)'' and inserting ``subsection (c)'';
            (5) by striking subsection (f); and
            (6) by redesignating subsection (g) as subsection (f).

SEC. 31110. MOTORCYCLIST SAFETY.

    Section 2010 of SAFETEA-LU (23 U.S.C. 402 note) is amended--
            (1) by striking subsections (b) and (g);
            (2) by redesignating subsections (c), (d), (e), and (f) as 
        subsections (b), (c), (d), and (e), respectively; and
            (3) in subsection (c)(1), as redesignated, by striking ``to 
        the satisfaction of the Secretary--'' and all that follows and 
        inserting ``, to the satisfaction of the Secretary, at least 2 
        of the 6 criteria listed in paragraph (2).''.

SEC. 31111. DRIVER ALCOHOL DETECTION SYSTEM FOR SAFETY RESEARCH.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 413. In-vehicle alcohol detection device research
    ``(a) In General.--The Administrator of the National Highway 
Traffic Safety Administration shall carry out a collaborative research 
effort under chapter 301 of title 49, United States Code, to continue 
to explore the feasibility and the potential benefits of, and the 
public policy challenges associated with, more widespread deployment of 
in-vehicle technology to prevent alcohol-impaired driving.
    ``(b) Reports.--The Administrator shall submit a report annually to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure--
            ``(1) describing progress in carrying out the collaborative 
        research effort; and
            ``(2) including an accounting for the use of Federal funds 
        obligated or expended in carrying out that effort.
    ``(c) Definitions.--In this title:
            ``(1) Alcohol-impaired driving.--The term `alcohol-impaired 
        driving' means operation of a motor vehicle (as defined in 
        section 30102(a)(6) of title 49, United States Code) by an 
        individual whose blood alcohol content is at or above the legal 
        limit.
            ``(2) Legal limit.--The term `legal limit' means a blood 
        alcohol concentration of 0.08 percent or greater (as specified 
        by chapter 163 of title 23, United States Code) or such other 
        percentage limitation as may be established by applicable 
        Federal, State, or local law.''.
    (b) Clerical Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 412 the following:

``413. In-vehicle alcohol detection device research.''.

SEC. 31112. STATE GRADUATED DRIVER LICENSING LAWS.

    (a) In General.--Chapter 4 of title 23, United States Code, as 
amended by this title, is further amended by adding at the end the 
following:
``Sec. 414. State Graduated Driver Licensing Incentive Grant
    ``(a) Grants Authorized.--Subject to the requirements of this 
section, the Secretary shall award grants to States that adopt and 
implement graduated driver licensing laws in accordance with the 
requirements set forth in subsection (b).
    ``(b) Minimum Requirements.--
            ``(1) In general.--A State meets the requirements set forth 
        in this subsection if the State has a graduated driver 
        licensing law that requires novice drivers younger than 21 
        years of age to comply with the 2-stage licensing process 
        described in paragraph (2) before receiving an unrestricted 
        driver's license.
            ``(2) Licensing process.--A State is in compliance with the 
        2-stage licensing process described in this paragraph if the 
        State's driver's license laws include--
                    ``(A) a learner's permit stage that--
                            ``(i) is at least 6 months in duration;
                            ``(ii) prohibits the driver from using a 
                        cellular telephone or any communications device 
                        in a nonemergency situation; and
                            ``(iii) remains in effect until the 
                        driver--
                                    ``(I) reaches 16 years of age and 
                                enters the intermediate stage; or
                                    ``(II) reaches 18 years of age;
                    ``(B) an intermediate stage that--
                            ``(i) commences immediately after the 
                        expiration of the learner's permit stage;
                            ``(ii) is at least 6 months in duration;
                            ``(iii) prohibits the driver from using a 
                        cellular telephone or any communications device 
                        in a nonemergency situation;
                            ``(iv) restricts driving at night;
                            ``(v) prohibits the driver from operating a 
                        motor vehicle with more than 1 nonfamilial 
                        passenger younger than 21 years of age unless a 
                        licensed driver who is at least 21 years of age 
                        is in the motor vehicle; and
                            ``(vi) remains in effect until the driver 
                        reaches 18 years of age; and
                    ``(C) any other requirement prescribed by the 
                Secretary of Transportation, including--
                            ``(i) in the learner's permit stage--
                                    ``(I) at least 40 hours of behind-
                                the-wheel training with a licensed 
                                driver who is at least 21 years of age;
                                    ``(II) a driver training course; 
                                and
                                    ``(III) a requirement that the 
                                driver be accompanied and supervised by 
                                a licensed driver, who is at least 21 
                                years of age, at all times while such 
                                driver is operating a motor vehicle; 
                                and
                            ``(ii) in the learner's permit or 
                        intermediate stage, a requirement, in addition 
                        to any other penalties imposed by State law, 
                        that the grant of an unrestricted driver's 
                        license be automatically delayed for any 
                        individual who, during the learner's permit or 
                        intermediate stage, is convicted of a driving-
                        related offense, including--
                                    ``(I) driving while intoxicated;
                                    ``(II) misrepresentation of his or 
                                her true age;
                                    ``(III) reckless driving;
                                    ``(IV) driving without wearing a 
                                seat belt;
                                    ``(V) speeding; or
                                    ``(VI) any other driving-related 
                                offense, as determined by the 
                                Secretary.
    ``(c) Rulemaking.--
            ``(1) In general.--The Secretary shall promulgate 
        regulations necessary to implement the requirements under 
        subsection (b), in accordance with the notice and comment 
        provisions under section 553 of title 5, United States Code.
            ``(2) Exception.--A State that otherwise meets the minimum 
        requirements set forth in subsection (b) shall be deemed by the 
        Secretary to be in compliance with the requirement set forth in 
        subsection (b) if the State enacted a law before January 1, 
        2011, establishing a class of license that permits licensees or 
        applicants younger than 18 years of age to drive a motor 
        vehicle--
                    ``(A) in connection with work performed on, or for 
                the operation of, a farm owned by family members who 
                are directly related to the applicant or licensee; or
                    ``(B) if demonstrable hardship would result from 
                the denial of a license to the licensees or applicants.
    ``(d) Allocation.--Grant funds allocated to a State under this 
section for a fiscal year shall be in proportion to a State's 
apportionment under section 402 for such fiscal year.
    ``(e) Use of Funds.--Grant funds received by a State under this 
section may be used for--
            ``(1) enforcing a 2-stage licensing process that complies 
        with subsection (b)(2);
            ``(2) training for law enforcement personnel and other 
        relevant State agency personnel relating to the enforcement 
        described in paragraph (1);
            ``(3) publishing relevant educational materials that 
        pertain directly or indirectly to the State graduated driver 
        licensing law;
            ``(4) carrying out other administrative activities that the 
        Secretary considers relevant to the State's 2-stage licensing 
        process; and
            ``(5) carrying out a teen traffic safety program described 
        in section 402(m).''.

SEC. 31113. AGENCY ACCOUNTABILITY.

    Section 412 of title 23, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Triennial State Management Reviews.--
            ``(1) In general.--Except as provided under paragraph (2), 
        the Secretary shall conduct a review of each State highway 
        safety program at least once every 3 years.
            ``(2) Exceptions.--The Secretary may conduct reviews of the 
        highway safety programs of the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands as often as the Secretary determines to be 
        appropriate.
            ``(3) Components.--Reviews under this subsection shall 
        include--
                    ``(A) a management evaluation of all grant programs 
                funded under this chapter;
                    ``(B) an assessment of State data collection and 
                evaluation relating to performance measures established 
                by the Secretary;
                    ``(C) a comparison of State efforts under 
                subparagraphs (A) and (B) to best practices and 
                programs that have been evaluated for effectiveness; 
                and
                    ``(D) the development of recommendations on how 
                each State could--
                            ``(i) improve the management and oversight 
                        of its grant activities; and
                            ``(ii) provide a management and oversight 
                        plan for such grant programs.''; and
            (2) by striking subsection (f).

SEC. 31114. EMERGENCY MEDICAL SERVICES.

    Section 10202 of Public Law 109-59 (42 U.S.C. 300d-4), is amended 
by adding at the end the following:
    ``(b) National Emergency Medical Services Advisory Council.--
            ``(1) Establishment.--The Secretary of Transportation, in 
        coordination with the Secretary of Health and Human Services 
        and the Secretary of Homeland Security, shall establish a 
        National Emergency Medical Services Advisory Council (referred 
        to in this subsection as the `Advisory Council').
            ``(2) Membership.--The Advisory Council shall be composed 
        of 25 members, who--
                    ``(A) shall be appointed by the Secretary of 
                Transportation; and
                    ``(B) shall collectively be representative of all 
                sectors of the emergency medical services community.
            ``(3) Purposes.--The purposes of the Advisory Council are 
        to advise and consult with--
                    ``(A) the Federal Interagency Committee on 
                Emergency Medical Services on matters relating to 
                emergency medical services issues; and
                    ``(B) the Secretary of Transportation on matters 
                relating to emergency medical services issues affecting 
                the Department of Transportation.
            ``(4) Administration.--The Administrator of the National 
        Highway Traffic Safety Administration shall provide 
        administrative support to the Advisory Council, including 
        scheduling meetings, setting agendas, keeping minutes and 
        records, and producing reports.
            ``(5) Leadership.--The members of the Advisory Council 
        shall annually select a chairperson of the Council.
            ``(6) Meetings.--The Advisory Council shall meet as 
        frequently as is determined necessary by the chairperson of the 
        Council.
            ``(7) Annual reports.--The Advisory Council shall prepare 
        an annual report to the Secretary of Transportation regarding 
        the Council's actions and recommendations.''.

                Subtitle B--Enhanced Safety Authorities

SEC. 31201. DEFINITION OF MOTOR VEHICLE EQUIPMENT.

    Section 30102(a)(7)(C) of title 49, United States Code, is amended 
to read as follows:
                    ``(C) any device or an article or apparel, 
                including a motorcycle helmet and excluding medicine or 
                eyeglasses prescribed by a licensed practitioner, 
                that--
                            ``(i) is not a system, part, or component 
                        of a motor vehicle; and
                            ``(ii) is manufactured, sold, delivered, or 
                        offered to be sold for use on public streets, 
                        roads, and highways with the apparent purpose 
                        of safeguarding motor vehicles and highway 
                        users against risk of accident, injury, or 
                        death.''.

SEC. 31202. PERMIT REMINDER SYSTEM FOR NON-USE OF SAFETY BELTS.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended--
            (1) in section 30122, by striking subsection (d); and
            (2) by amending section 30124 to read as follows:
``Sec. 30124. Nonuse of safety belts
    ``A motor vehicle safety standard prescribed under this chapter may 
not require a manufacturer to comply with the standard by using a 
safety belt interlock designed to prevent starting or operating a motor 
vehicle if an occupant is not using a safety belt.''.
    (b) Conforming Amendment.--The analysis for chapter 301 of title 
49, United States Code, is amended by striking the item relating to 
section 30124 and inserting the following:

``Sec. 30124. Nonuse of safety belts.''.

SEC. 31203. CIVIL PENALTIES.

    (a) In General.--Section 30165 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``30123(d)'' and inserting 
                        ``30123(a)''; and
                            (ii) by striking ``$15,000,000'' and 
                        inserting ``$250,000,000''; and
                    (B) in paragraph (3), by striking ``$15,000,000'' 
                and inserting ``$250,000,000''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) Relevant Factors in Determining Amount of Penalty or 
Compromise.--In determining the amount of a civil penalty or compromise 
under this section, the Secretary of Transportation shall consider the 
nature, circumstances, extent, and gravity of the violation. Such 
determination shall include, as appropriate--
            ``(1) the nature of the defect or noncompliance;
            ``(2) knowledge by the person charged of its obligation to 
        recall or notify the public;
            ``(3) the severity of the risk of injury;
            ``(4) the occurrence or absence of injury;
            ``(5) the number of motor vehicles or items of motor 
        vehicle equipment distributed with the defect or noncompliance;
            ``(6) the existence of an imminent hazard;
            ``(7) actions taken by the person charged to identify, 
        investigate, or mitigate the condition;
            ``(8) the appropriateness of such penalty in relation to 
        the size of the business of the person charged, including the 
        potential for undue adverse economic impacts;
            ``(9) whether the person has previously been assessed civil 
        penalties under this section during the most recent 5 years; 
        and
            ``(10) other appropriate factors.''.
    (b) Civil Penalty Criteria.--Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall issue a final rule, 
in accordance with the procedures of section 553 of title 5, United 
States Code, which provides an interpretation of the penalty factors 
described in section 30165(c) of title 49, United States Code.
    (c) Construction.--Nothing in this section may be construed as 
preventing the imposition of penalties under section 30165 of title 49, 
United States Code, before the issuance of a final rule under 
subsection (b).

SEC. 31204. MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended by adding at the end the following:

     ``SUBCHAPTER V--MOTOR VEHICLE SAFETY RESEARCH AND DEVELOPMENT

``Sec. 30181. Policy
    ``The Secretary of Transportation shall conduct research, 
development, and testing on any area or aspect of motor vehicle safety 
necessary to carry out this chapter.
``Sec. 30182. Powers and duties
    ``(a) In General.--The Secretary of Transportation shall--
            ``(1) conduct motor vehicle safety research, development, 
        and testing programs and activities, including new and emerging 
        technologies that impact or may impact motor vehicle safety;
            ``(2) collect and analyze all types of motor vehicle and 
        highway safety data and related information to determine the 
        relationship between motor vehicle or motor vehicle equipment 
        performance characteristics and--
                    ``(A) accidents involving motor vehicles; and
                    ``(B) deaths or personal injuries resulting from 
                those accidents;
            ``(3) promote, support, and advance the education and 
        training of motor vehicle safety staff of the National Highway 
        Traffic Safety Administration, including using program funds 
        for--
                    ``(A) planning, implementing, conducting, and 
                presenting results of program activities; and
                    ``(B) travel and related expenses;
            ``(4) obtain experimental and other motor vehicles and 
        motor vehicle equipment for research or testing;
            ``(5)(A) use any test motor vehicles and motor vehicle 
        equipment suitable for continued use, as determined by the 
        Secretary to assist in carrying out this chapter or any other 
        chapter of this title; or
            ``(B) sell or otherwise dispose of test motor vehicles and 
        motor vehicle equipment and use the resulting proceeds to carry 
        out this chapter;
            ``(6) award grants to States and local governments, 
        interstate authorities, and nonprofit institutions; and
            ``(7) enter into cooperative agreements, collaborative 
        research, or contracts with Federal agencies, interstate 
        authorities, State and local governments, other public 
        entities, private organizations and persons, nonprofit 
        institutions, colleges and universities, consumer advocacy 
        groups, corporations, partnerships, sole proprietorships, trade 
        associations, Federal laboratories (including government-owned, 
        government-operated laboratories and government-owned, 
        contractor-operated laboratories), and foreign governments and 
        research organizations.
    ``(b) Use of Public Agencies.--In carrying out this subchapter, the 
Secretary shall avoid duplication by using the services, research, and 
testing facilities of public agencies, as appropriate.
    ``(c) Facilities.--The Secretary may plan, design, and build a new 
facility or modify an existing facility to conduct research, 
development, and testing in traffic safety, highway safety, and motor 
vehicle safety.
    ``(d) Availability of Information, Patents, and Developments.--When 
the United States Government makes more than a minimal contribution to 
a research or development activity under this chapter, the Secretary 
shall include in the arrangement for the activity a provision to ensure 
that all information, patents, and developments related to the activity 
are available to the public without charge. The owner of a background 
patent may not be deprived of a right under the patent.
``Sec. 30183. Prohibition on certain disclosures.
    ``Any report of the National Highway Traffic Safety Administration, 
or of any officer, employee, or contractor of the National Highway 
Traffic Safety Administration, relating to any highway traffic accident 
or the investigation of such accident conducted pursuant to this 
chapter or section 403 of title 23, shall be made available to the 
public in a manner that does not identify individuals.''.
    (b) Conforming Amendments.--
            (1) Amendment of chapter analysis.--The chapter analysis 
        for chapter 301 of title 49, United States Code, is amended by 
        adding at the end the following:

      ``subchapter v--motor vehicle safety research and development

``30181. Policy.
``30182. Powers and duties.
``30183. Prohibition on certain disclosures.''.
            (2) Deletion of redundant material.--Chapter 301 of title 
        49, United States Code, is amended--
                    (A) in the chapter analysis, by striking the item 
                relating to section 30168; and
                    (B) by striking section 30168.

SEC. 31205. ODOMETER REQUIREMENTS.

    (a) Definition.--Section 32702(5) of title 49, United States Code, 
is amended by inserting ``or system of components'' after 
``instrument''.
    (b) Electronic Disclosures of Odometer Information.--Section 32705 
of title 49, United States Code, is amended by adding at the end the 
following:
    ``(g) Electronic Disclosures.--Not later than 18 months after the 
date of enactment of the Motor Vehicle and Highway Safety Improvement 
Act of 2012, in carrying out this section, the Secretary shall 
prescribe regulations permitting any written disclosures or notices and 
related matters to be provided electronically.''.

SEC. 31206. INCREASED PENALTIES AND DAMAGES FOR ODOMETER FRAUD.

    Chapter 327 of title 49, United States Code, is amended--
            (1) in section 32709(a)(1)--
                    (A) by striking ``$2,000'' and inserting 
                ``$10,000''; and
                    (B) by striking ``$100,000'' and inserting 
                ``$1,000,000''; and
            (2) in section 32710(a), by striking ``$1,500'' and 
        inserting ``$10,000''.

SEC. 31207. EXTEND PROHIBITIONS ON IMPORTING NONCOMPLIANT VEHICLES AND 
              EQUIPMENT TO DEFECTIVE VEHICLES AND EQUIPMENT.

    Section 30112 of title 49, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following:
    ``(3) Except as provided in this section, section 30114, 
subsections (i) and (j) of section 30120, and subchapter III, a person 
may not sell, offer for sale, introduce or deliver for introduction in 
interstate commerce, or import into the United States any motor vehicle 
or motor vehicle equipment if the vehicle or equipment contains a 
defect related to motor vehicle safety about which notice was given 
under section 30118(c) or an order was issued under section 30118(b). 
Nothing in this paragraph may be construed to prohibit the importation 
of a new motor vehicle that receives a required recall remedy before 
being sold to a consumer in the United States.''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by adding ``or'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(C) having no reason to know, despite exercising 
                reasonable care, that a motor vehicle or motor vehicle 
                equipment contains a defect related to motor vehicle 
                safety about which notice was given under section 
                30118(c) or an order was issued under section 
                30118(b);''.

SEC. 31208. FINANCIAL RESPONSIBILITY REQUIREMENTS FOR IMPORTERS.

    Chapter 301 of title 49, United States Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to subchapter III and inserting the following:

       ``subchapter iii--importing motor vehicles and equipment'';

            (2) in the heading for subchapter III, by striking 
        ``NONCOMPLYING''; and
            (3) in section 30147, by amending subsection (b) to read as 
        follows:
    ``(b) Financial Responsibility Requirement.--
            ``(1) Rulemaking.--The Secretary of Transportation may 
        issue regulations requiring each person that imports a motor 
        vehicle or motor vehicle equipment into the customs territory 
        of the United States, including a registered importer (or any 
        successor in interest), provide and maintain evidence, 
        satisfactory to the Secretary, of sufficient financial 
        responsibility to meet its obligations under section 30117(b), 
        sections 30118 through 30121, and section 30166(f). In making a 
        determination of sufficient financial responsibility under this 
        Rule, the Secretary, to avoid duplicative requirements, shall 
        first, to the extent practicable, rely on existing reporting 
        and recordkeeping requirements and other information available 
        to the Secretary, and shall coordinate with other Federal 
        agencies, including the Securities and Exchange Commission, to 
        access information collected and made publicly available under 
        existing reporting and recordkeeping requirements.
            ``(2) Refusal of admission.--If the Secretary of 
        Transportation believes that a person described in paragraph 
        (1) has not provided and maintained evidence of sufficient 
        financial responsibility to meet the obligations referred to in 
        paragraph (1), the Secretary of Homeland Security shall first 
        offer the person an opportunity to remedy the deficiency within 
        30 days, and if not remedied thereafter may refuse the 
        admission into the customs territory of the United States of 
        any motor vehicle or motor vehicle equipment imported by the 
        person.
            ``(3) Exception.--This subsection shall not apply to 
        original manufacturers (or wholly owned subsidiaries) of motor 
        vehicles that, prior to the date of enactment of the Motor 
        Vehicle and Highway Safety Improvement Act of 2012--
                    ``(A) have imported motor vehicles into the United 
                States that are certified to comply with all applicable 
                Federal motor vehicle safety standards;
                    ``(B) have submitted to the Secretary appropriate 
                manufacturer identification information under part 566 
                of title 49, Code of Federal Regulations; and
                    ``(C) if applicable, have identified a current 
                agent for service of process in accordance with part 
                551 of title 49, Code of Federal Regulations.''.

SEC. 31209. CONDITIONS ON IMPORTATION OF VEHICLES AND EQUIPMENT.

    Chapter 301 of title 49, United States Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to section 30164 and inserting the following:

``30164. Service of process; conditions on importation of vehicles and 
                            equipment.'';
        and
            (2) in section 30164--
                    (A) in the section heading, by adding ``; 
                conditions on importation of vehicles and equipment'' 
                at the end; and
                    (B) by adding at the end the following:
    ``(c) Identifying Information.--A manufacturer (including an 
importer) offering a motor vehicle or motor vehicle equipment for 
import shall provide such information as the Secretary may, by rule, 
request including--
            ``(1) the product by name and the manufacturer's address; 
        and
            ``(2) each retailer or distributor to which the 
        manufacturer directly supplied motor vehicles or motor vehicle 
        equipment over which the Secretary has jurisdiction under this 
        chapter.
    ``(d) Rulemaking.--In issuing a rulemaking, the Secretary shall 
seek to reduce duplicative requirements by coordinating with Department 
of Homeland Security. The Secretary may issue regulations that--
            ``(1) condition the import of a motor vehicle or motor 
        vehicle equipment on the manufacturer's compliance with--
                    ``(A) the requirements under this section;
                    ``(B) any rules issued with respect to such 
                requirements; or
                    ``(C) any other requirements under this chapter or 
                rules issued with respect to such requirements;
            ``(2) provide an opportunity for the manufacturer to 
        present information before the Secretary's determination as to 
        whether the manufacturer's imports should be restricted; and
            ``(3) establish a process by which a manufacturer may 
        petition for reinstatement of its ability to import motor 
        vehicles or motor vehicle equipment.
    ``(e) Exception.--The requirements of subsections (c) and (d) shall 
not apply to original manufacturers (or wholly owned subsidiaries) of 
motor vehicles that, prior to the date of enactment of the Motor 
Vehicle and Highway Safety Improvement Act of 2012--
            ``(1) have imported motor vehicles into the United States 
        that are certified to comply with all applicable Federal motor 
        vehicle safety standards,
            ``(2) have submitted to the Secretary appropriate 
        manufacturer identification information under part 566 of title 
        49, Code of Federal Regulations; and
            ``(3) if applicable, have identified a current agent for 
        service of process in accordance with part 551 of title 49, 
        Code of Federal Regulations.''.

SEC. 31210. PORT INSPECTIONS; SAMPLES FOR EXAMINATION OR TESTING.

    Section 30166(c) of title 49, United States Code, is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by inserting ``(including 
                at United States ports of entry)'' after ``held for 
                introduction in interstate commerce''; and
                    (B) in subparagraph (D), by striking the period at 
                the end and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(4) shall enter into a memorandum of understanding with 
        the Secretary of Homeland Security for inspections and sampling 
        of motor vehicle equipment being offered for import to 
        determine compliance with this chapter or a regulation or order 
        issued under this chapter.''.

              Subtitle C--Transparency and Accountability

SEC. 31301. IMPROVED NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
              VEHICLE SAFETY DATABASE.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall improve public accessibility to 
information on the National Highway Traffic Safety Administration's 
publicly accessible vehicle safety databases by--
            (1) improving organization and functionality, including 
        modern web design features, and allowing for data to be 
        searched, aggregated, and downloaded;
            (2) providing greater consistency in presentation of 
        vehicle safety issues; and
            (3) improving searchability about specific vehicles and 
        issues through standardization of commonly used search terms.
    (b) Vehicle Recall Information.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall require that motor 
        vehicle safety recall information--
                    (A) is available to the public on the Internet;
                    (B) is searchable by vehicle make and model and 
                vehicle identification number;
                    (C) is in a format that preserves consumer privacy; 
                and
                    (D) includes information about each recall that has 
                not been completed for each vehicle.
            (2) Rulemaking.--The Secretary may initiate a rulemaking 
        proceeding to require each manufacturer to provide the 
        information described in paragraph (1), with respect to that 
        manufacturer's motor vehicles, at no cost on a publicly 
        accessible Internet website.
            (3) Database awareness promotion activities.--The 
        Secretary, in consultation with the heads of other relevant 
        agencies, shall promote consumer awareness of the information 
        made available to the public pursuant to this subsection.

SEC. 31302. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION HOTLINE FOR 
              MANUFACTURER, DEALER, AND MECHANIC PERSONNEL.

    The Secretary shall--
            (1) establish a means by which mechanics, passenger motor 
        vehicle dealership personnel, and passenger motor vehicle 
        manufacturer personnel may directly and confidentially contact 
        the National Highway Traffic Safety Administration to report 
        potential passenger motor vehicle safety defects; and
            (2) publicize the means for contacting the National Highway 
        Traffic Safety Administration in a manner that targets 
        mechanics, passenger motor vehicle dealership personnel, and 
        manufacturer personnel.

SEC. 31303. CONSUMER NOTICE OF SOFTWARE UPDATES AND OTHER 
              COMMUNICATIONS WITH DEALERS.

    (a) Internet Accessibility.--Section 30166(f) of title 49, United 
States Code, is amended--
            (1) by striking ``A manufacturer shall give the Secretary 
        of Transportation'' and inserting the following:
            ``(1) In general.--A manufacturer shall give the Secretary 
        of Transportation, and make available on a publicly accessible 
        Internet website,''; and
            (2) by adding at the end the following:
            ``(2) Notices.--Communications required to be submitted to 
        the Secretary and made available on a publicly accessible 
        Internet website under this subsection shall include all 
        notices to dealerships of software upgrades and modifications 
        recommended by a manufacturer for all previously sold vehicles. 
        Notice is required even if the software upgrade or modification 
        is not related to a safety defect or noncompliance with a motor 
        vehicle safety standard. The notice shall include a plain 
        language description of the purpose of the update and that 
        description shall be prominently placed at the beginning of the 
        notice.
            ``(3) Index.--Communications required to be submitted to 
        the Secretary under this subsection shall be accompanied by an 
        index to each communication, which--
                    ``(A) identifies the make, model, and model year of 
                the affected vehicles;
                    ``(B) includes a concise summary of the subject 
                matter of the communication; and
                    ``(C) shall be made available by the Secretary to 
                the public on the Internet in a searchable format.''.

SEC. 31304. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

    Section 30166(m) of title 49, United States Code, is amended in 
paragraph (4), by amending subparagraph (C) to read as follows:
                    ``(C) Disclosure.--
                            ``(i) In general.--The information provided 
                        to the Secretary pursuant to this subsection 
                        shall be disclosed publicly unless exempt from 
                        disclosure under section 552(b) of title 5.
                            ``(ii) Presumption.--In administering this 
                        subparagraph, the Secretary shall presume in 
                        favor of maximum public availability of 
                        information.''.

SEC. 31305. CORPORATE RESPONSIBILITY FOR NATIONAL HIGHWAY TRAFFIC 
              SAFETY ADMINISTRATION REPORTS.

    (a) In General.--Section 30166 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(o) Corporate Responsibility for Reports.--
            ``(1) In general.--The Secretary shall require a senior 
        official responsible for safety in each company submitting 
        information to the Secretary in response to a request for 
        information in a safety defect or compliance investigation 
        under this chapter to certify that--
                    ``(A) the signing official has reviewed the 
                submission; and
                    ``(B) based on the official's knowledge, the 
                submission does not--
                            ``(i) contain any untrue statement of a 
                        material fact; or
                            ``(ii) omit to state a material fact 
                        necessary in order to make the statements made 
                        not misleading, in light of the circumstances 
                        under which such statements were made.
            ``(2) Notice.--The certification requirements of this 
        section shall be clearly stated on any request for information 
        under paragraph (1).''.
    (b) Civil Penalty.--Section 30165(a) of title 49, United States 
Code, is amended--
            (1) in paragraph (3), by striking ``A person'' and 
        inserting ``Except as provided in paragraph (4), a person''; 
        and
            (2) by adding at the end the following:
            ``(4) False, misleading, or incomplete reports.--A person 
        who knowingly and willfully submits materially false, 
        misleading, or incomplete information to the Secretary, after 
        certifying the same information as accurate and complete under 
        the certification process established pursuant to section 
        30166(o), shall be subject to a civil penalty of not more than 
        $5,000 per day. The maximum penalty under this paragraph for a 
        related series of daily violations is $5,000,000.''.

SEC. 31306. PASSENGER MOTOR VEHICLE INFORMATION PROGRAM.

    (a) Definition.--Section 32301 of title 49, United States Code, is 
amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) `crash avoidance' means preventing or mitigating a 
        crash;''; and
            (3) in paragraph (2), as redesignated, by striking the 
        period at the end and inserting ``; and''.
    (b) Information Included.--Section 32302(a) of title 49, United 
States Code, is amended--
            (1) in paragraph (2), by inserting ``, crash avoidance, and 
        any other areas the Secretary determines will improve the 
        safety of passenger motor vehicles'' after ``crashworthiness''; 
        and
            (2) by striking paragraph (4).

SEC. 31307. PROMOTION OF VEHICLE DEFECT REPORTING.

    Section 32302 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Motor Vehicle Defect Reporting Information.--
            ``(1) Rulemaking required.--Not later than 1 year after the 
        date of the enactment of the Motor Vehicle and Highway Safety 
        Improvement Act of 2012, the Secretary shall prescribe 
        regulations that require passenger motor vehicle 
        manufacturers--
                    ``(A) to affix, in the glove compartment or in 
                another readily accessible location on the vehicle, a 
                sticker, decal, or other device that provides, in 
                simple and understandable language, information about 
                how to submit a safety-related motor vehicle defect 
                complaint to the National Highway Traffic Safety 
                Administration;
                    ``(B) to prominently print the information 
                described in subparagraph (A) on a separate page within 
                the owner's manual; and
                    ``(C) to not place such information on the label 
                required under section 3 of the Automobile Information 
                Disclosure Act (15 U.S.C. 1232).
            ``(2) Application.--The requirements under paragraph (1) 
        shall apply to passenger motor vehicles manufactured in any 
        model year beginning more than 1 year after the date on which a 
        final rule is published under paragraph (1).''.

SEC. 31308. WHISTLEBLOWER PROTECTIONS FOR MOTOR VEHICLE MANUFACTURERS, 
              PART SUPPLIERS, AND DEALERSHIP EMPLOYEES.

    (a) In General.--Subchapter IV of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30171. Protection of employees providing motor vehicle safety 
              information
    ``(a) Discrimination Against Employees of Manufacturers, Part 
Suppliers, and Dealerships.--No motor vehicle manufacturer, part 
supplier, or dealership may discharge an employee or otherwise 
discriminate against an employee with respect to compensation, terms, 
conditions, or privileges of employment because the employee (or any 
person acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide (with any knowledge of the employer) or cause to be 
        provided to the employer or the Secretary of Transportation 
        information relating to any motor vehicle defect, 
        noncompliance, or any violation or alleged violation of any 
        notification or reporting requirement of this chapter;
            ``(2) has filed, caused to be filed, or is about to file 
        (with any knowledge of the employer) or cause to be filed a 
        proceeding relating to any violation or alleged violation of 
        any motor vehicle defect, noncompliance, or any violation or 
        alleged violation of any notification or reporting requirement 
        of this chapter;
            ``(3) testified or is about to testify in such a 
        proceeding;
            ``(4) assisted or participated or is about to assist or 
        participate in such a proceeding; or
            ``(5) objected to, or refused to participate in, any 
        activity that the employee reasonably believed to be in 
        violation of any provision of any Act enforced by the Secretary 
        of Transportation, or any order, rule, regulation, standard, or 
        ban under any such Act.
    ``(b) Complaint Procedure.--
            ``(1) Filing and notification.--A person who believes that 
        he or she has been discharged or otherwise discriminated 
        against by any person in violation of subsection (a) may, not 
        later than 180 days after the date on which such violation 
        occurs, file (or have any person file on his or her behalf) a 
        complaint with the Secretary of Labor (hereinafter in this 
        section referred to as the `Secretary') alleging such discharge 
        or discrimination. Upon receipt of such a complaint, the 
        Secretary shall notify, in writing, the person named in the 
        complaint of the filing of the complaint, of the allegations 
        contained in the complaint, of the substance of evidence 
        supporting the complaint, and of the opportunities that will be 
        afforded to such person under paragraph (2).
            ``(2) Investigation; preliminary order.--
                    ``(A) In general.--Not later than 60 days after the 
                date of receipt of a complaint filed under paragraph 
                (1) and after affording the person named in the 
                complaint an opportunity to submit to the Secretary a 
                written response to the complaint and an opportunity to 
                meet with a representative of the Secretary to present 
                statements from witnesses, the Secretary shall conduct 
                an investigation and determine whether there is 
                reasonable cause to believe that the complaint has 
                merit and notify, in writing, the complainant and the 
                person alleged to have committed a violation of 
                subsection (a) of the Secretary's findings. If the 
                Secretary concludes that there is a reasonable cause to 
                believe that a violation of subsection (a) has 
                occurred, the Secretary shall accompany the Secretary's 
                findings with a preliminary order providing the relief 
                prescribed by paragraph (3)(B). Not later than 30 days 
                after the date of notification of findings under this 
                paragraph, either the person alleged to have committed 
                the violation or the complainant may file objections to 
                the findings or preliminary order, or both, and request 
                a hearing on the record. The filing of such objections 
                shall not operate to stay any reinstatement remedy 
                contained in the preliminary order. Such hearings shall 
                be conducted expeditiously. If a hearing is not 
                requested in such 30-day period, the preliminary order 
                shall be deemed a final order that is not subject to 
                judicial review.
                    ``(B) Requirements.--
                            ``(i) Required showing by complainant.--The 
                        Secretary shall dismiss a complaint filed under 
                        this subsection and shall not conduct an 
                        investigation otherwise required under 
                        subparagraph (A) unless the complainant makes a 
                        prima facie showing that any behavior described 
                        in paragraphs (1) through (5) of subsection (a) 
                        was a contributing factor in the unfavorable 
                        personnel action alleged in the complaint.
                            ``(ii) Showing by employer.--
                        Notwithstanding a finding by the Secretary that 
                        the complainant has made the showing required 
                        under clause (i), no investigation otherwise 
                        required under subparagraph (A) shall be 
                        conducted if the employer demonstrates, by 
                        clear and convincing evidence, that the 
                        employer would have taken the same unfavorable 
                        personnel action in the absence of that 
                        behavior.
                            ``(iii) Criteria for determination by 
                        secretary.--The Secretary may determine that a 
                        violation of subsection (a) has occurred only 
                        if the complainant demonstrates that any 
                        behavior described in paragraphs (1) through 
                        (5) of subsection (a) was a contributing factor 
                        in the unfavorable personnel action alleged in 
                        the complaint.
                            ``(iv) Prohibition.--Relief may not be 
                        ordered under subparagraph (A) if the employer 
                        demonstrates, by clear and convincing evidence, 
                        that the employer would have taken the same 
                        unfavorable personnel action in the absence of 
                        that behavior.
            ``(3) Final order.--
                    ``(A) Deadline for issuance; settlement 
                agreements.--Not later than 120 days after the date of 
                conclusion of a hearing under paragraph (2), the 
                Secretary shall issue a final order providing the 
                relief prescribed by this paragraph or denying the 
                complaint. At any time before issuance of a final 
                order, a proceeding under this subsection may be 
                terminated on the basis of a settlement agreement 
                entered into by the Secretary, the complainant, and the 
                person alleged to have committed the violation.
                    ``(B) Remedy.--If, in response to a complaint filed 
                under paragraph (1), the Secretary determines that a 
                violation of subsection (a) has occurred, the Secretary 
                shall order the person who committed such violation--
                            ``(i) to take affirmative action to abate 
                        the violation;
                            ``(ii) to reinstate the complainant to his 
                        or her former position together with the 
                        compensation (including back pay) and restore 
                        the terms, conditions, and privileges 
                        associated with his or her employment; and
                            ``(iii) to provide compensatory damages to 
                        the complainant.
                    ``(C) Attorneys' fees.--If such an order is issued 
                under this paragraph, the Secretary, at the request of 
                the complainant, shall assess against the person 
                against whom the order is issued a sum equal to the 
                aggregate amount of all costs and expenses (including 
                attorneys' and expert witness fees) reasonably 
                incurred, as determined by the Secretary, by the 
                complainant for, or in connection with, bringing the 
                complaint upon which the order was issued.
                    ``(D) Frivolous complaints.--If the Secretary 
                determines that a complaint under paragraph (1) is 
                frivolous or has been brought in bad faith, the 
                Secretary may award to the prevailing employer a 
                reasonable attorney's fee not exceeding $1,000.
                    ``(E) De novo review.--With respect to a complaint 
                under paragraph (1), if the Secretary of Labor has not 
                issued a final decision within 210 days after the 
                filing of the complaint and if the delay is not due to 
                the bad faith of the employee, the employee may bring 
                an original action at law or equity for de novo review 
                in the appropriate district court of the United States, 
                which shall have jurisdiction over such an action 
                without regard to the amount in controversy, and which 
                action shall, at the request of either party to the 
                action, be tried by the court with a jury. The action 
                shall be governed by the same legal burdens of proof 
                specified in paragraph (2)(B) for review by the 
                Secretary of Labor.
            ``(4) Review.--
                    ``(A) Appeal to court of appeals.--Any person 
                adversely affected or aggrieved by an order issued 
                under paragraph (3) may obtain review of the order in 
                the United States Court of Appeals for the circuit in 
                which the violation, with respect to which the order 
                was issued, allegedly occurred or the circuit in which 
                the complainant resided on the date of such violation. 
                The petition for review shall be filed not later than 
                60 days after the date of the issuance of the final 
                order of the Secretary. Review shall conform to chapter 
                7 of title 5. The commencement of proceedings under 
                this subparagraph shall not, unless ordered by the 
                court, operate as a stay of the order.
                    ``(B) Limitation on collateral attack.--An order of 
                the Secretary with respect to which review could have 
                been obtained under subparagraph (A) shall not be 
                subject to judicial review in any criminal or other 
                civil proceeding.
            ``(5) Enforcement of order by secretary.--Whenever any 
        person fails to comply with an order issued under paragraph 
        (3), the Secretary may file a civil action in the United States 
        district court for the district in which the violation was 
        found to occur to enforce such order. In actions brought under 
        this paragraph, the district courts shall have jurisdiction to 
        grant all appropriate relief, including injunctive relief and 
        compensatory damages.
            ``(6) Enforcement of order by parties.--
                    ``(A) Commencement of action.--A person on whose 
                behalf an order was issued under paragraph (3) may 
                commence a civil action against the person to whom such 
                order was issued to require compliance with such order. 
                The appropriate United States district court shall have 
                jurisdiction, without regard to the amount in 
                controversy or the citizenship of the parties, to 
                enforce such order.
                    ``(B) Attorney fees.--The court, in issuing any 
                final order under this paragraph, may award costs of 
                litigation (including reasonable attorney and expert 
                witness fees) to any party whenever the court 
                determines such award is appropriate.
    ``(c) Mandamus.--Any nondiscretionary duty imposed under this 
section shall be enforceable in a mandamus proceeding brought under 
section 1361 of title 28.
    ``(d) Nonapplicability To Deliberate Violations.--Subsection (a) 
shall not apply with respect to an employee of a motor vehicle 
manufacturer, part supplier, or dealership who, acting without 
direction from such motor vehicle manufacturer, part supplier, or 
dealership (or such person's agent), deliberately causes a violation of 
any requirement relating to motor vehicle safety under this chapter.''.
    (b) Conforming Amendment.--The table of sections for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30170 the following:

``30171. Protection of employees providing motor vehicle safety 
                            information.''.

SEC. 31309. ANTI-REVOLVING DOOR.

    (a) Amendment.--Subchapter I of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30107. Restriction on covered motor vehicle safety officials
    ``(a) In General.--During the 2-year period after the termination 
of his or her service or employment, a covered vehicle safety official 
may not knowingly make, with the intent to influence, any communication 
to or appearance before any officer or employee of the National Highway 
Traffic Safety Administration on behalf of any manufacturer subject to 
regulation under this chapter in connection with any matter involving 
motor vehicle safety on which such person seeks official action by any 
officer or employee of the National Highway Traffic Safety 
Administration.
    ``(b) Manufacturers.--It is unlawful for any manufacturer or other 
person subject to regulation under this chapter to employ or contract 
for the services of an individual to whom subsection (a) applies during 
the 2-year period commencing on the individual's termination of 
employment with the National Highway Traffic Safety Administration in a 
capacity in which the individual is prohibited from serving during that 
period.
    ``(c) Special Rule for Detailees.--For purposes of this section, a 
person who is detailed from 1 department, agency, or other entity to 
another department, agency, or other entity shall, during the period 
such person is detailed, be deemed to be an officer or employee of both 
departments, agencies, or such entities.
    ``(d) Savings Provision.--Nothing in this section may be construed 
to expand, contract, or otherwise affect the application of any waiver 
or criminal penalties under section 207 of title 18.
    ``(e) Exception for Testimony.--Nothing in this section may be 
construed to prevent an individual from giving testimony under oath, or 
from making statements required to be made under penalty of perjury.
    ``(f) Defined Term.--In this section, the term `covered vehicle 
safety official' means any officer or employee of the National Highway 
Traffic Safety Administration--
            ``(1) who, during the final 12 months of his or her service 
        or employment with the agency, serves or served in a technical 
        or legal capacity, and whose job responsibilities include or 
        included vehicle safety defect investigation, vehicle safety 
        compliance, vehicle safety rulemaking, or vehicle safety 
        research; and
            ``(2) who serves in a supervisory or management capacity 
        over an officer or employee described in paragraph (1).
    ``(g) Effective Date.--This section shall apply to covered vehicle 
safety officials who terminate service or employment with the National 
Highway Traffic Safety Administration after the date of enactment of 
the Motor Vehicle and Highway Safety Improvement Act of 2012.''.
    (b) Civil Penalty.--Section 30165(a) of title 49, United States 
Code, as amended by this subtitle, is further amended by adding at the 
end the following:
            ``(5) Improper influence.--An individual who violates 
        section 30107(a) is liable to the United States Government for 
        a civil penalty, as determined under section 216(b) of title 
        18, for an offense under section 207 of that title. A 
        manufacturer or other person subject to regulation under this 
        chapter who violates section 30107(b) is liable to the United 
        States Government for a civil penalty equal to the sum of--
                    ``(A) an amount equal to not less than $100,000; 
                and
                    ``(B) an amount equal to 90 percent of the annual 
                compensation or fee paid or payable to the individual 
                with respect to whom the violation occurred.''.
    (c) Study of Department of Transportation Policies on Official 
Communication With Former Motor Vehicle Safety Issue Employees.--Not 
later than 1 year after the date of the enactment of this Act, the 
Inspector General of the Department of Transportation shall--
            (1) review the Department of Transportation's policies and 
        procedures applicable to official communication with former 
        employees concerning motor vehicle safety compliance matters 
        for which they had responsibility during the last 12 months of 
        their tenure at the Department, including any limitations on 
        the ability of such employees to submit comments, or otherwise 
        communicate directly with the Department, on motor vehicle 
        safety issues; and
            (2) submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives that contains the 
        Inspector General's findings, conclusions, and recommendations 
        for strengthening those policies and procedures to minimize the 
        risk of undue influence without compromising the ability of the 
        Department to employ and retain highly qualified individuals 
        for such responsibilities.
    (d) Post-Employment Policy Study.--
            (1) In general.--The Inspector General of the Department of 
        Transportation shall conduct a study of the Department's 
        policies relating to post-employment restrictions on employees 
        who perform functions related to transportation safety.
            (2) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Inspector General shall submit a 
        report containing the results of the study conducted under 
        paragraph (1) to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (C) the Secretary of Transportation.
            (3) Use of results.--The Secretary of Transportation shall 
        review the results of the study conducted under paragraph (1) 
        and take whatever action the Secretary determines to be 
        appropriate.
    (e) Conforming Amendment.--The table of contents for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30106 the following:

``30107. Restriction on covered motor vehicle safety officials.''.

SEC. 31310. STUDY OF CRASH DATA COLLECTION.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate the Committee on 
Energy and Commerce of the House of Representatives regarding the 
quality of data collected through the National Automotive Sampling 
System, including the Special Crash Investigations Program.
    (b) Review.--The Administrator of the National Highway Traffic 
Safety Administration (referred to in this section as the 
``Administration'') shall conduct a comprehensive review of the data 
elements collected from each crash to determine if additional data 
should be collected. The review under this subsection shall include 
input from interested parties, including suppliers, automakers, safety 
advocates, the medical community, and research organizations.
    (c) Contents.--The report issued under this section shall include--
            (1) the analysis and conclusions the Administration can 
        reach from the amount of motor vehicle crash data collected in 
        a given year;
            (2) the additional analysis and conclusions the 
        Administration could reach if more crash investigations were 
        conducted each year;
            (3) the number of investigations per year that would allow 
        for optimal data analysis and crash information;
            (4) the results of the comprehensive review conducted 
        pursuant to subsection (b);
            (5) recommendations for improvements to the 
        Administration's data collection program; and
            (6) the resources needed by the Administration to implement 
        such recommendations.

SEC. 31311. UPDATE MEANS OF PROVIDING NOTIFICATION; IMPROVING EFFICACY 
              OF RECALLS.

    (a) Update of Means of Providing Notification.--Section 30119(d) of 
title 49, United States Code, is amended--
            (1) by striking, in paragraph (1), ``by first class mail'' 
        and inserting ``in the manner prescribed by the Secretary, by 
        regulation'';
            (2) in paragraph (2)--
                    (A) by striking ``(except a tire) shall be sent by 
                first class mail'' and inserting ``shall be sent in the 
                manner prescribed by the Secretary, by regulation,''; 
                and
                    (B) by striking the second sentence;
            (3) in paragraph (3)--
                    (A) by striking the first sentence;
                    (B) by inserting ``to the notification required 
                under paragraphs (1) and (2)'' after ``addition''; and
                    (C) by inserting ``by the manufacturer'' after 
                ``given''; and
            (4) in paragraph (4), by striking ``by certified mail or 
        quicker means if available'' and inserting ``in the manner 
        prescribed by the Secretary, by regulation''.
    (b) Improving Efficacy of Recalls.--Section 30119(e) of title 49, 
United States Code, is amended--
            (1) in the subsection heading, by striking ``Second'' and 
        inserting ``Additional'';
            (2) by striking ``If the Secretary'' and inserting the 
        following:
            ``(1) Second notification.--If the Secretary''; and
            (3) by adding at the end the following:
            ``(2) Additional notifications.--If the Secretary 
        determines, after considering the severity of the defect or 
        noncompliance, that the second notification by a manufacturer 
        does not result in an adequate number of motor vehicles or 
        items of replacement equipment being returned for remedy, the 
        Secretary may order the manufacturer--
                    ``(A) to send additional notifications in the 
                manner prescribed by the Secretary, by regulation;
                    ``(B) to take additional steps to locate and notify 
                each person registered under State law as the owner or 
                lessee or the most recent purchaser or lessee, as 
                appropriate; and
                    ``(C) to emphasize the magnitude of the safety risk 
                caused by the defect or noncompliance in such 
                notification.''.

SEC. 31312. EXPANDING CHOICES OF REMEDY AVAILABLE TO MANUFACTURERS OF 
              REPLACEMENT EQUIPMENT.

    Section 30120 of title 49, United States Code, is amended--
            (1) in subsection (a)(1), by amending subparagraph (B) to 
        read as follows:
                    ``(B) if replacement equipment, by repairing the 
                equipment, replacing the equipment with identical or 
                reasonably equivalent equipment, or by refunding the 
                purchase price.'';
            (2) in the heading of subsection (i), by adding ``of New 
        Vehicles or Equipment'' at the end; and
            (3) in the heading of subsection (j), by striking 
        ``Replaced'' and inserting ``Replacement''.

SEC. 31313. RECALL OBLIGATIONS AND BANKRUPTCY OF MANUFACTURER.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended by inserting the following after section 30120:
``Sec. 30120A. Recall obligations and bankruptcy of a manufacturer
    ``A manufacturer's filing of a petition in bankruptcy under chapter 
11 of title 11, does not negate the manufacturer's duty to comply with 
section 30112 or sections 30115 through 30120 of this title. In any 
bankruptcy proceeding, the manufacturer's obligations under such 
sections shall be treated as a claim of the United States Government 
against such manufacturer, subject to subchapter II of chapter 37 of 
title 31, United States Code, and given priority pursuant to section 
3713(a)(1)(A) of such chapter, notwithstanding section 3713(a)(2), to 
ensure that consumers are adequately protected from any safety defect 
or noncompliance determined to exist in the manufacturer's products. 
This section shall apply equally to actions of a manufacturer taken 
before or after the filing of a petition in bankruptcy.''
    (b) Conforming Amendment.--The chapter analysis of chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30120 the following:

``30120a. Recall obligations and bankruptcy of a manufacturer.''.

SEC. 31314. REPEAL OF INSURANCE REPORTS AND INFORMATION PROVISION.

    Chapter 331 of title 49, United States Code, is amended--
            (1) in the chapter analysis, by striking the item relating 
        to section 33112; and
            (2) by striking section 33112.

SEC. 31315. MONRONEY STICKER TO PERMIT ADDITIONAL SAFETY RATING 
              CATEGORIES.

    Section 3(g)(2) of the Automobile Information Disclosure Act (15 
U.S.C. 1232(g)(2)), is amended by inserting ``safety rating categories 
that may include'' after ``refers to''.

          Subtitle D--Vehicle Electronics and Safety Standards

SEC. 31401. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ELECTRONICS, 
              SOFTWARE, AND ENGINEERING EXPERTISE.

    (a) Council for Vehicle Electronics, Vehicle Software, and Emerging 
Technologies.--
            (1) In general.--The Secretary shall establish, within the 
        National Highway Traffic Safety Administration, a Council for 
        Vehicle Electronics, Vehicle Software, and Emerging 
        Technologies (referred to in this section as the ``Council'') 
        to build, integrate, and aggregate the Administration's 
        expertise in passenger motor vehicle electronics and other new 
        and emerging technologies.
            (2) Implementation of roadmap.--The Council shall research 
        the inclusion of emerging lightweight plastic and composite 
        technologies in motor vehicles to increase fuel efficiency, 
        lower emissions, meet fuel economy standards, and enhance 
        passenger motor vehicle safety through continued utilization of 
        the Administration's Plastic and Composite Intensive Vehicle 
        Safety Roadmap (Report No. DOT HS 810 863).
            (3) Intra-agency coordination.--The Council shall 
        coordinate with all components of the Administration 
        responsible for vehicle safety, including research and 
        development, rulemaking, and defects investigation.
    (b) Honors Recruitment Program.--
            (1) Establishment.--The Secretary shall establish, within 
        the National Highway Traffic Safety Administration, an honors 
        program for engineering students, computer science students, 
        and other students interested in vehicle safety that will 
        enable such students to train with engineers and other safety 
        officials for a career in vehicle safety.
            (2) Stipend.--The Secretary is authorized to provide a 
        stipend to students during their participation in the program 
        established pursuant to paragraph (1).
    (c) Assessment.--The Council, in consultation with affected 
stakeholders, shall assess the implications of emerging safety 
technologies in passenger motor vehicles, including the effect of such 
technologies on consumers, product availability, and cost.

SEC. 31402. VEHICLE STOPPING DISTANCE AND BRAKE OVERRIDE STANDARD.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall prescribe a Federal motor vehicle safety standard 
that--
            (1) mitigates unintended acceleration in passenger motor 
        vehicles;
            (2) establishes performance requirements, based on the 
        speed, size, and weight of the vehicle, that enable a driver to 
        bring a passenger motor vehicle safely to a full stop by normal 
        braking application even if the vehicle is simultaneously 
        receiving accelerator input signals, including a full-throttle 
        input signal;
            (3) may permit compliance through a system that requires 
        brake pedal application, after a period of time determined by 
        the Secretary, to override an accelerator pedal input signal in 
        order to stop the vehicle;
            (4) requires that redundant circuits or other mechanisms be 
        built into accelerator control systems, including systems 
        controlled by electronic throttle, to maintain vehicle control 
        in the event of failure of the primary circuit or mechanism; 
        and
            (5) may permit vehicles to incorporate a means to 
        temporarily disengage the function required under paragraph (2) 
        to facilitate operations, such as maneuvering trailers or 
        climbing steep hills, which may require the simultaneous 
        operation of brake and accelerator.

SEC. 31403. PEDAL PLACEMENT STANDARD.

    (a) In General.--The Secretary shall initiate a rulemaking 
proceeding to consider a Federal motor vehicle safety standard that 
would mitigate potential obstruction of pedal movement in passenger 
motor vehicles, after taking into account--
            (1) various pedal mounting configurations; and
            (2) minimum clearances for passenger motor vehicle foot 
        pedals with respect to other pedals, the vehicle floor 
        (including aftermarket floor coverings), and any other 
        potential obstructions to pedal movement that the Secretary 
        determines to be relevant.
    (b) Deadline.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule to implement the safety 
        standard described in subsection (a) not later than 3 years 
        after the date of the enactment of this Act.
            (2) Report.--If the Secretary determines that a pedal 
        placement standard does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit a report describing the reasons for not prescribing such 
        standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
    (c) Combined Rulemaking.--The Secretary may combine the rulemaking 
proceeding required under subsection (a) with the rulemaking proceeding 
required under section 31402.

SEC. 31404. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall initiate a rulemaking proceeding to 
consider prescribing or amending a Federal motor vehicle safety 
standard that--
            (1) requires electronic systems in passenger motor vehicles 
        to meet minimum performance requirements; and
            (2) may include requirements for--
                    (A) electronic components;
                    (B) the interaction of electronic components;
                    (C) security needs for those electronic systems to 
                prevent unauthorized access; or
                    (D) the effect of surrounding environments on those 
                electronic systems.
    (b) Deadline.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule to implement the safety 
        standard described in subsection (a) not later than 4 years 
        after the date of enactment of this Act.
            (2) Report.--If the Secretary determines that such a 
        standard does not meet the requirements and considerations set 
        forth in subsections (a) and (b) of section 30111 of title 49, 
        United States Code, the Secretary shall submit a report 
        describing the reasons for not prescribing such standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
    (c) National Academy of Sciences.--In conducting the rulemaking 
under subsection (a), the Secretary shall consider the findings and 
recommendations of the National Academy of Sciences, if any, pursuant 
to its study of electronic vehicle controls.

SEC. 31405. PUSHBUTTON IGNITION SYSTEMS STANDARD.

    (a) Pushbutton Ignition Standard.--
            (1) In general.--The Secretary shall initiate a rulemaking 
        proceeding to consider a Federal motor vehicle safety standard 
        for passenger motor vehicles with pushbutton ignition systems 
        that establishes a standardized operation of such systems when 
        used by drivers, including drivers who may be unfamiliar with 
        such systems, in an emergency situation when the vehicle is in 
        motion.
            (2) Other ignition systems.--In the rulemaking proceeding 
        initiated under paragraph (1), the Secretary may include any 
        other ignition-starting mechanism that the Secretary determines 
        should be considered.
    (b) Pushbutton Ignition System Defined.--The term ``pushbutton 
ignition system'' means a mechanism, such as the push of a button, for 
starting a passenger motor vehicle that does not involve the physical 
insertion and turning of a tangible key.
    (c) Deadline.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule to implement the 
        standard described in subsection (a) not later than 2 years 
        after the date of the enactment of this Act.
            (2) Report.--If the Secretary determines that a standard 
        does not meet the requirements and considerations set forth in 
        subsections (a) and (b) of section 30111 of title 49, United 
        States Code, the Secretary shall submit a report describing the 
        reasons for not prescribing such standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 31406. VEHICLE EVENT DATA RECORDERS.

    (a) Mandatory Event Data Recorders.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall revise part 563 of 
        title 49, Code of Federal Regulations, to require, beginning 
        with model year 2015, that new passenger motor vehicles sold in 
        the United States be equipped with an event data recorder that 
        meets the requirements under that part.
            (2) Penalty.--The violation of any provision under part 563 
        of title 49, Code of Federal Regulations--
                    (A) shall be deemed to be a violation of section 
                30112 of title 49, United States Code;
                    (B) shall be subject to civil penalties under 
                section 30165(a) of that title; and
                    (C) shall not subject a manufacturer (as defined in 
                section 30102(a)(5) of that title) to the requirements 
                under section 30120 of that title.
    (b) Limitations on Information Retrieval.--
            (1) Ownership of data.--Any data in an event data recorder 
        required under part 563 of title 49, Code of Federal 
        Regulations, regardless of when the passenger motor vehicle in 
        which it is installed was manufactured, is the property of the 
        owner, or in the case of a leased vehicle, the lessee of the 
        passenger motor vehicle in which the data recorder is 
        installed.
            (2) Privacy.--Data recorded or transmitted by such a data 
        recorder may not be retrieved by a person other than the owner 
        or lessee of the motor vehicle in which the recorder is 
        installed unless--
                    (A) a court authorizes retrieval of the information 
                in furtherance of a legal proceeding;
                    (B) the owner or lessee consents to the retrieval 
                of the information for any purpose, including the 
                purpose of diagnosing, servicing, or repairing the 
                motor vehicle;
                    (C) the information is retrieved pursuant to an 
                investigation or inspection authorized under section 
                1131(a) or 30166 of title 49, United States Code, and 
                the personally identifiable information of the owner, 
                lessee, or driver of the vehicle and the vehicle 
                identification number is not disclosed in connection 
                with the retrieved information; or
                    (D) the information is retrieved for the purpose of 
                determining the need for, or facilitating, emergency 
                medical response in response to a motor vehicle crash.
    (c) Report to Congress.--Two years after the date of implementation 
of subsection (a), the Secretary shall study the safety impact and the 
impact on individual privacy of event data recorders in passenger motor 
vehicles and report its findings to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Energy and 
Commerce of the House of Representatives. The report shall include--
            (1) the safety benefits gained from installation of event 
        data recorders;
            (2) the recommendations on what, if any, additional data 
        the event data recorder should be modified to record;
            (3) the additional safety benefit such information would 
        yield;
            (4) the estimated cost to manufacturers to implement the 
        new enhancements;
            (5) an analysis of how the information proposed to be 
        recorded by an event data recorder conforms to applicable 
        legal, regulatory, and policy requirements regarding privacy;
            (6) a determination of the risks and effects of collecting 
        and maintaining the information proposed to be recorded by an 
        event data recorder;
            (7) an examination and evaluation of the protections and 
        alternative processes for handling information recorded by an 
        event data recorder to mitigate potential privacy risks.
    (d) Revised Requirements for Event Data Recorders.--Based on the 
findings of the study under subsection (c), the Secretary shall 
initiate a rulemaking proceeding to revise part 563 of title 49, Code 
of Federal Regulations. The rule--
            (1) shall require event data recorders to capture and store 
        data related to motor vehicle safety covering a reasonable time 
        period before, during, and after a motor vehicle crash or 
        airbag deployment, including a rollover;
            (2) shall require that data stored on such event data 
        recorders be accessible, regardless of vehicle manufacturer or 
        model, with commercially available equipment in a specified 
        data format;
            (3) shall establish requirements for preventing 
        unauthorized access to the data stored on an event data 
        recorder in order to protect the security, integrity, and 
        authenticity of the data; and
            (4) may require an interoperable data access port to 
        facilitate universal accessibility and analysis.
    (e) Disclosure of Existence and Purpose of Event Data Recorder.--
The rule issued under subsection (d) shall require that any owner's 
manual or similar documentation provided to the first purchaser of a 
passenger motor vehicle for purposes other than resale--
            (1) disclose that the vehicle is equipped with such a data 
        recorder; and
            (2) explain the purpose of the data recorder.
    (f) Access to Event Data Recorders in Agency Investigations.--
Section 30166(c)(3)(C) of title 49, United States Code, is amended by 
inserting ``, including any electronic data contained within the 
vehicle's diagnostic system or event data recorder'' after 
``equipment.''
    (g) Deadline for Rulemaking.--The Secretary shall issue a final 
rule under subsection (d) not later than 4 years after the date of 
enactment of this Act.

SEC. 31407. PROHIBITION ON ELECTRONIC VISUAL ENTERTAINMENT IN DRIVER'S 
              VIEW.

    (a) Visual Entertainment Screens in Driver's View.--Not later than 
2 years after the date of enactment of this Act, the Secretary of 
Transportation shall issue a final rule that prescribes a Federal motor 
vehicle safety standard prohibiting electronic screens from displaying 
broadcast television, movies, video games, and other forms of similar 
visual entertainment that is visible to the driver while driving.
    (b) Exceptions.--The standard prescribed under subsection (a) shall 
allow electronic screens that display information or images regarding 
operation of the vehicle, vehicle surroundings, and telematic 
functions, such as the vehicles navigation and communications system, 
weather, time, or the vehicle's audio system.

SEC. 31408. COMMERCIAL MOTOR VEHICLE ROLLOVER PREVENTION AND CRASH 
              MITIGATION.

    (a) Rulemaking.--Not later than 3 months after the date of 
enactment of this Act, the Secretary of Transportation shall initiate a 
rulemaking proceeding pursuant to section 30111 of title 49, United 
States Code, to prescribe or amend a Federal motor vehicle safety 
standard to reduce commercial motor vehicle rollover and loss of 
control crashes and mitigate deaths and injuries associated with such 
crashes for air-braked truck tractors and motorcoaches with a gross 
vehicle weight rating of more than 26,000 pounds.
    (b) Required Performance Standards.--The rulemaking proceeding 
initiated under subsection (a) shall establish standards to reduce the 
occurrence of rollovers and loss of control crashes consistent with 
stability enhancing technologies, such as electronic stability control 
systems.
    (c) Deadline.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall issue a final rule under subsection 
(a).

                   Subtitle E--Child Safety Standards

SEC. 31501. CHILD SAFETY SEATS.

    (a) Protection for Larger Children.--Not later than 1 year after 
the date of enactment of this Act, the Secretary shall issue a final 
rule amending Federal Motor Vehicle Safety Standard Number 213 to 
establish frontal crash protection requirements for child restraint 
systems for children weighing more than 65 pounds.
    (b) Side Impact Crashes.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall issue a final rule amending 
Federal Motor Vehicle Safety Standard Number 213 to improve the 
protection of children seated in child restraint systems during side 
impact crashes.
    (c) Frontal Impact Test Parameters.--
            (1) Commencement.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall commence a 
        rulemaking proceeding to amend test parameters under Federal 
        Motor Vehicle Safety Standard Number 213 to better replicate 
        real world conditions.
            (2) Final rule.--Not later than 4 years after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        pursuant to paragraph (1).

SEC. 31502. CHILD RESTRAINT ANCHORAGE SYSTEMS.

    (a) Initiation of Rulemaking Proceeding.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall initiate a 
rulemaking proceeding to--
            (1) amend Federal Motor Vehicle Safety Standard Number 225 
        (relating to child restraint anchorage systems) to improve the 
        visibility of, accessibility to, and ease of use for lower 
        anchorages and tethers in all rear seat seating positions if 
        such anchorages and tethers are feasible; and
            (2) amend Federal Motor Vehicle Safety Standard Number 213 
        (relating to child restraint systems) or Federal Motor Vehicle 
        Safety Standard Number 225 (relating to child restraint 
        anchorage systems)--
                    (A) to establish a maximum allowable weight of the 
                child and child restraint for standardizing the 
                recommended use of child restraint anchorage systems in 
                all vehicles; and
                    (B) to provide the information described in 
                subparagraph (A) to the consumer.
    (b) Final Rule.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule under subsection (a) not 
        later than 3 years after the date of the enactment of this Act.
            (2) Report.--If the Secretary determines that an amendment 
        to the standard referred to in subsection (a) does not meet the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code, the 
        Secretary shall submit a report describing the reasons for not 
        prescribing such a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 31503. REAR SEAT BELT REMINDERS.

    (a) Initiation of Rulemaking Proceeding.--Not later than 2 years 
after the date of enactment of this Act, the Secretary shall initiate a 
rulemaking proceeding to amend Federal Motor Vehicle Safety Standard 
Number 208 (relating to occupant crash protection) to provide a safety 
belt use warning system for designated seating positions in the rear 
seat.
    (b) Final Rule.--
            (1) In general.--Except as provided under paragraph (2), 
        the Secretary shall issue a final rule under subsection (a) not 
        later than 3 years after the date of enactment of this Act.
            (2) Report.--If the Secretary determines that an amendment 
        to the standard referred to in subsection (a) does not meet the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code, the 
        Secretary shall submit a report describing the reasons for not 
        prescribing such a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 31504. UNATTENDED PASSENGER REMINDERS.

    (a) Safety Research Initiative.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall complete research 
into the development of performance requirements to warn drivers that a 
child or other unattended passenger remains in a rear seating position 
after the vehicle motor is disengaged.
    (b) Specifications.--In carrying out subsection (a), the Secretary 
shall consider performance requirements that--
            (1) sense weight, the presence of a buckled seat belt, or 
        other indications of the presence of a child or other 
        passenger; and
            (2) provide an alert to prevent hyperthermia and 
        hypothermia that can result in death or severe injuries.
    (c) Rulemaking or Report.--
            (1) Rulemaking.--Not later than 1 year after the completion 
        of each research and testing initiative required under 
        subsection (a), the Secretary shall initiate a rulemaking 
        proceeding to issue a Federal motor vehicle safety standard if 
        the Secretary determines that such a standard meets the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code.
            (2) Report.--If the Secretary determines that the standard 
        described in subsection (a) does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit a report describing the reasons for not prescribing such 
        a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 31505. NEW DEADLINE.

    If the Secretary determines that any deadline for issuing a final 
rule under this Act cannot be met, the Secretary shall--
            (1) provide the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives with an explanation 
        for why such deadline cannot be met; and
            (2) establish a new deadline for that rule.

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

SEC. 31601. RULEMAKING ON VISIBILITY OF AGRICULTURAL EQUIPMENT.

    (a) Definitions.--In this section:
            (1) Agricultural equipment.--The term ``agricultural 
        equipment'' has the meaning given the term ``agricultural field 
        equipment'' in ASABE Standard 390.4, entitled ``Definitions and 
        Classifications of Agricultural Field Equipment'', which was 
        published in January 2005 by the American Society of 
        Agriculture and Biological Engineers, or any successor 
        standard.
            (2) Public road.--The term ``public road'' has the meaning 
        given the term in section 101(a)(27) of title 23, United States 
        Code.
    (b) Rulemaking.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation, after 
        consultation with representatives of the American Society of 
        Agricultural and Biological Engineers and appropriate Federal 
        agencies, and with other appropriate persons, shall promulgate 
        a rule to improve the daytime and nighttime visibility of 
        agricultural equipment that may be operated on a public road.
            (2) Minimum standards.--The rule promulgated pursuant to 
        this subsection shall--
                    (A) establish minimum lighting and marking 
                standards for applicable agricultural equipment 
                manufactured at least 1 year after the date on which 
                such rule is promulgated; and
                    (B) provide for the methods, materials, 
                specifications, and equipment to be employed to comply 
                with such standards, which shall be equivalent to ASABE 
                Standard 279.14, entitled ``Lighting and Marking of 
                Agricultural Equipment on Highways'', which was 
                published in July 2008 by the American Society of 
                Agricultural and Biological Engineers, or any successor 
                standard.
    (c) Review.--Not less frequently than once every 5 years, the 
Secretary of Transportation shall--
            (1) review the standards established pursuant to subsection 
        (b); and
            (2) revise such standards to reflect the revision of ASABE 
        Standard 279 that is in effect at the time of such review.
    (d) Limitations.--
            (1) Compliance with successor standards.--Any rule 
        promulgated pursuant to this section may not prohibit the 
        operation on public roads of agricultural equipment that is 
        equipped in accordance with any adopted revision of ASABE 
        Standard 279 that is later than the revision of such standard 
        that was referenced during the promulgation of the rule.
            (2) No retrofitting required.--Any rule promulgated 
        pursuant to this section may not require the retrofitting of 
        agricultural equipment that was manufactured before the date on 
        which the lighting and marking standards are enforceable under 
        subsection (b)(2)(A).
            (3) No effect on additional materials and equipment.--Any 
        rule promulgated pursuant to this section may not prohibit the 
        operation on public roads of agricultural equipment that is 
        equipped with materials or equipment that are in addition to 
        the minimum materials and equipment specified in the standard 
        upon which such rule is based.

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

SEC. 32001. SHORT TITLE.

    This title may be cited as the ``Commercial Motor Vehicle Safety 
Enhancement Act of 2012''.

SEC. 32002. REFERENCES TO TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

           Subtitle A--Commercial Motor Vehicle Registration

SEC. 32101. REGISTRATION OF MOTOR CARRIERS.

    (a) Registration Requirements.--Section 13902(a)(1) is amended to 
read as follows:
            ``(1) In general.--Except as otherwise provided in this 
        section, the Secretary of Transportation may not register a 
        person to provide transportation subject to jurisdiction under 
        subchapter I of chapter 135 as a motor carrier unless the 
        Secretary determines that the person--
                    ``(A) is willing and able to comply with--
                            ``(i) this part and the applicable 
                        regulations of the Secretary and the Board;
                            ``(ii) any safety regulations imposed by 
                        the Secretary;
                            ``(iii) the duties of employers and 
                        employees established by the Secretary under 
                        section 31135;
                            ``(iv) the safety fitness requirements 
                        established by the Secretary under section 
                        31144;
                            ``(v) the accessibility requirements 
                        established by the Secretary under subpart H of 
                        part 37 of title 49, Code of Federal 
                        Regulations (or successor regulations), for 
                        transportation provided by an over-the-road 
                        bus; and
                            ``(vi) the minimum financial responsibility 
                        requirements established by the Secretary under 
                        sections 13906, 31138, and 31139;
                    ``(B) has submitted a comprehensive management plan 
                documenting that the person has management systems in 
                place to ensure compliance with safety regulations 
                imposed by the Secretary;
                    ``(C) has disclosed any relationship involving 
                common ownership, common management, common control, or 
                common familial relationship between that person and 
                any other motor carrier, freight forwarder, or broker, 
                or any other applicant for motor carrier, freight 
                forwarder, or broker registration, or a successor (as 
                that term is defined under section 31153), if the 
                relationship occurred in the 5-year period preceding 
                the date of the filing of the application for 
                registration; and
                    ``(D) after the Secretary establishes a written 
                proficiency examination pursuant to section 32101(b) of 
                the Commercial Motor Vehicle Safety Enhancement Act of 
                2012, has passed the written proficiency 
                examination.''.
    (b) Written Proficiency Examination.--
            (1) Establishment.--Not later than 18 months after the date 
        of enactment of this Act, the Secretary shall establish a 
        written proficiency examination for applicant motor carriers 
        pursuant to section 13902(a)(1)(D) of title 49, United States 
        Code. The written proficiency examination shall test a person's 
        knowledge of applicable safety regulations, standards, and 
        orders of the Federal government and State government.
            (2) Additional fee.--The Secretary may assess a fee to 
        cover the expenses incurred by the Department of Transportation 
        in--
                    (A) developing and administering the written 
                proficiency examination; and
                    (B) reviewing the comprehensive management plan 
                required under section 13902(a)(1)(B) of title 49, 
                United States Code.
    (c) Conforming Amendment.--Section 210(b) of the Motor Carrier 
Safety Improvement Act of 1999 (49 U.S.C. 31144 note) is amended--
            (1) by inserting ``, commercial regulations, and provisions 
        of subpart H of part 37 of title 49, Code of Federal 
        Regulations, or successor regulations'' after ``applicable 
        safety regulations''; and
            (2) by striking ``consider the establishment of'' and 
        inserting ``establish''.
    (d) Transportation of Agricultural Commodities and Farm Supplies.--
Section 229(a)(1) of the Motor Carrier Safety Improvement Act of 1999 
(49 U.S.C. 31136 note) is amended to read as follows:
            ``(1) Transportation of agricultural commodities and farm 
        supplies.--Regulations prescribed by the Secretary under 
        sections 31136 and 31502 regarding maximum driving and on-duty 
        time for drivers used by motor carriers shall not apply during 
        planting and harvest periods, as determined by each State, to--
                    ``(A) drivers transporting agricultural commodities 
                in the State from the source of the agricultural 
                commodities to a location within a 100 air-mile radius 
                from the source;
                    ``(B) drivers transporting farm supplies for 
                agricultural purposes in the State from a wholesale or 
                retail distribution point of the farm supplies to a 
                farm or other location where the farm supplies are 
                intended to be used within a 100 air-mile radius from 
                the distribution point; or
                    ``(C) drivers transporting farm supplies for 
                agricultural purposes in the State from a wholesale 
                distribution point of the farm supplies to a retail 
                distribution point of the farm supplies within a 100 
                air-mile radius from the wholesale distribution 
                point.''.

SEC. 32102. SAFETY FITNESS OF NEW OPERATORS.

    (a) Safety Reviews of New Operators.--Section 31144(g)(1) is 
amended to read as follows:
            ``(1) Safety review.--
                    ``(A) In general.--The Secretary shall require, by 
                regulation, each owner and each operator granted new 
                registration under section 13902 or 31134 to undergo a 
                safety review not later than 12 months after the owner 
                or operator, as the case may be, begins operations 
                under such registration.
                    ``(B) Providers of motorcoach services.--The 
                Secretary may register a person to provide motorcoach 
                services under section 13902 or 31134 after the person 
                undergoes a pre-authorization safety audit, including 
                verification, in a manner sufficient to demonstrate the 
                ability to comply with Federal rules and regulations, 
                as described in section 13902. The Secretary shall 
                continue to monitor the safety performance of each 
                owner and each operator subject to this section for 12 
                months after the owner or operator is granted 
                registration under section 13902 or 31134. The 
                registration of each owner and each operator subject to 
                this section shall become permanent after the 
                motorcoach service provider is granted registration 
                following a pre-authorization safety audit and the 
                expiration of the 12 month monitoring period.
                    ``(C) Pre-authorization safety audit.--The 
                Secretary may require, by regulation, that the pre-
                authorization safety audit under subparagraph (B) be 
                completed on-site not later than 90 days after the 
                submission of an application for operating 
                authority.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 1 year after the date of enactment of this Act.

SEC. 32103. REINCARNATED CARRIERS.

    (a) Effective Periods of Registration.--
            (1) Suspensions, amendments, and revocations.--Section 
        13905(d) is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (4);
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Applications.--On application of the registrant, the 
        Secretary may amend or revoke a registration.
            ``(2) Complaints and actions on secretary's own 
        initiative.--On complaint or on the Secretary's own initiative 
        and after notice and an opportunity for a proceeding, the 
        Secretary may--
                    ``(A) suspend, amend, or revoke any part of the 
                registration of a motor carrier, broker, or freight 
                forwarder for willful failure to comply with--
                            ``(i) this part;
                            ``(ii) an applicable regulation or order of 
                        the Secretary or the Board, including the 
                        accessibility requirements established by the 
                        Secretary under subpart H of part 37 of title 
                        49, Code of Federal Regulations (or successor 
                        regulations), for transportation provided by an 
                        over-the-road bus; or
                            ``(iii) a condition of its registration;
                    ``(B) withhold, suspend, amend, or revoke any part 
                of the registration of a motor carrier, broker, or 
                freight forwarder for failure--
                            ``(i) to pay a civil penalty imposed under 
                        chapter 5, 51, 149, or 311;
                            ``(ii) to arrange and abide by an 
                        acceptable payment plan for such civil penalty, 
                        not later than 90 days after the date specified 
                        by order of the Secretary for the payment of 
                        such penalty; or
                            ``(iii) for failure to obey a subpoena 
                        issued by the Secretary;
                    ``(C) withhold, suspend, amend, or revoke any part 
                of a registration of a motor carrier, broker, or 
                freight forwarder following a determination by the 
                Secretary that the motor carrier, broker, or freight 
                forwarder failed to disclose, in its application for 
                registration, a material fact relevant to its 
                willingness and ability to comply with--
                            ``(i) this part;
                            ``(ii) an applicable regulation or order of 
                        the Secretary or the Board; or
                            ``(iii) a condition of its registration; or
                    ``(D) withhold, suspend, amend, or revoke any part 
                of a registration of a motor carrier, broker, or 
                freight forwarder if the Secretary finds that--
                            ``(i) the motor carrier, broker, or freight 
                        forwarder is or was related through common 
                        ownership, common management, common control, 
                        or common familial relationship to any other 
                        motor carrier, broker, or freight forwarder, or 
                        any other applicant for motor carrier, broker, 
                        or freight forwarder registration that the 
                        Secretary determines is or was unwilling or 
                        unable to comply with the relevant requirements 
                        listed in section 13902, 13903, or 13904; or
                            ``(ii) the person is the successor, as 
                        defined in section 31153, to a person who is or 
                        was unwilling or unable to comply with the 
                        relevant requirements of section 13902, 13903, 
                        or 13904.
            ``(3) Limitation.--Paragraph (2)(B) shall not apply to a 
        person who is unable to pay a civil penalty because the person 
        is a debtor in a case under chapter 11 of title 11.''; and
                    (C) in paragraph (4), as redesignated by section 
                32103(a)(1)(A) of this Act, by striking ``paragraph 
                (1)(B)'' and inserting ``paragraph (2)(B)''.
            (2) Procedure.--Section 13905(e) is amended by inserting 
        ``or if the Secretary determines that the registrant failed to 
        disclose a material fact in an application for registration in 
        accordance with subsection (d)(2)(C),'' after ``registrant,''.
    (b) Information Systems.--Section 31106(a)(3) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(H) determine whether a person or employer is or 
                was related, through common ownership, common 
                management, common control, or common familial 
                relationship, to any other person, employer, or any 
                other applicant for registration under section 13902 or 
                31134.''.

SEC. 32104. FINANCIAL RESPONSIBILITY REQUIREMENTS.

    (a) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall--
            (1) issue a report on the appropriateness of--
                    (A) the current minimum financial responsibility 
                requirements under sections 31138 and 31139 of title 
                49, United States Code; and
                    (B) the current bond and insurance requirements 
                under section 13904(f) of title 49, United States Code; 
                and
            (2) submit the report issued under paragraph (1) to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.
    (b) Rulemaking.--Not later than 6 months after the publication of 
the report under subsection (a), the Secretary shall initiate a 
rulemaking--
            (1) to revise the minimum financial responsibility 
        requirements under sections 31138 and 31139 of title 49, United 
        States Code and
            (2) to revise the bond and insurance requirements under 
        section 13904(f) of such title, as appropriate, based on the 
        findings of the report submitted under subsection (a).
    (c) Deadline.--Not later than 1 year after the start of the 
rulemaking under subsection (b), the Secretary shall--
            (1) issue a final rule; or
            (2) if the Secretary determines that a rulemaking is not 
        required following the Secretary's analysis, submit a report 
        stating the reason for not increasing the minimum financial 
        responsibility requirements to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
    (d) Biennial Reviews.--Not less than once every 2 years, the 
Secretary shall review the requirements prescribed under subsection (b) 
and revise the requirements, as appropriate.

SEC. 32105. USDOT NUMBER REGISTRATION REQUIREMENT.

    (a) In General.--Chapter 311 is amended by inserting after section 
31133 the following:
``Sec. 31134. Requirement for registration and USDOT number
    ``(a) In General.--Upon application, and subject to subsections (b) 
and (c), the Secretary shall register an employer or person subject to 
the safety jurisdiction of this subchapter. An employer or person may 
operate a commercial motor vehicle in interstate commerce only if the 
employer or person is registered by the Secretary under this section 
and receives a USDOT number. Nothing in this section shall preclude 
registration by the Secretary of an employer or person not engaged in 
interstate commerce. An employer or person subject to jurisdiction 
under subchapter I of chapter 135 of this title shall apply for 
commercial registration under section 13902 of this title.
    ``(b) Withholding Registration.--The Secretary may withhold 
registration under subsection (a), after notice and an opportunity for 
a proceeding, if the Secretary determines that--
            ``(1) the employer or person seeking registration is 
        unwilling or unable to comply with the requirements of this 
        subchapter and the regulations prescribed thereunder and 
        chapter 51 and the regulations prescribed thereunder;
            ``(2) the employer or person is or was related through 
        common ownership, common management, common control, or common 
        familial relationship to any other person or applicant for 
        registration subject to this subchapter who is or was unfit, 
        unwilling, or unable to comply with the requirements listed in 
        subsection (b)(1); or
            ``(3) the person is the successor, as defined in section 
        31153, to a person who is or was unfit, unwilling, or unable to 
        comply with the requirements listed in subsection (b)(1).
    ``(c) Revocation or Suspension of Registration.--The Secretary 
shall revoke the registration of an employer or person under subsection 
(a) after notice and an opportunity for a proceeding, or suspend the 
registration after giving notice of the suspension to the employer or 
person, if the Secretary determines that--
            ``(1) the employer's or person's authority to operate 
        pursuant to chapter 139 of this title would be subject to 
        revocation or suspension under sections 13905(d)(1) or 13905(f) 
        of this title;
            ``(2) the employer or person is or was related through 
        common ownership, common management, common control, or common 
        familial relationship to any other person or applicant for 
        registration subject to this subchapter that the Secretary 
        determines is or was unfit, unwilling, or unable to comply with 
        the requirements listed in subsection (b)(1);
            ``(3) the person is the successor, as defined in section 
        31153, to a person the Secretary determines is or was unfit, 
        unwilling, or unable to comply with the requirements listed in 
        subsection (b)(1); or
            ``(4) the employer or person failed or refused to submit to 
        the safety review required by section 31144(g) of this title.
    ``(d) Periodic Registration Update.--The Secretary may require an 
employer to update a registration under this section periodically or 
not later than 30 days after a change in the employer's address, other 
contact information, officers, process agent, or other essential 
information, as determined by the Secretary.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item relating to section 31133 the following:

``31134. Requirement for registration and USDOT number.''.

SEC. 32106. REGISTRATION FEE SYSTEM.

    Section 13908(d)(1) is amended by striking ``but shall not exceed 
$300''.

SEC. 32107. REGISTRATION UPDATE.

    (a) Periodic Motor Carrier Update.--Section 13902 is amended by 
adding at the end the following:
    ``(h) Update of Registration.--The Secretary may require a 
registrant to update its registration under this section periodically 
or not later than 30 days after a change in the registrant's address, 
other contact information, officers, process agent, or other essential 
information, as determined by the Secretary.''.
    (b) Periodic Freight Forwarder Update.--Section 13903 is amended by 
adding at the end the following:
    ``(c) Update of Registration.--The Secretary may require a freight 
forwarder to update its registration under this section periodically or 
not later than 30 days after a change in the freight forwarder's 
address, other contact information, officers, process agent, or other 
essential information, as determined by the Secretary.''.
    (c) Periodic Broker Update.--Section 13904 is amended by adding at 
the end the following:
    ``(e) Update of Registration.--The Secretary may require a broker 
to update its registration under this section periodically or not later 
than 30 days after a change in the broker's address, other contact 
information, officers, process agent, or other essential information, 
as determined by the Secretary.''.

SEC. 32108. INCREASED PENALTIES FOR OPERATING WITHOUT REGISTRATION.

    (a) Penalties.--Section 14901(a) is amended--
            (1) by striking ``$500'' and inserting ``$1,000'';
            (2) by striking ``who is not registered under this part to 
        provide transportation of passengers,'';
            (3) by striking ``with respect to providing transportation 
        of passengers,'' and inserting ``or section 13902(c) of this 
        title,''; and
            (4) by striking ``$2,000 for each violation and each 
        additional day the violation continues'' and inserting 
        ``$10,000 for each violation, or $25,000 for each violation 
        relating to providing transportation of passengers''.
    (b) Transportation of Hazardous Wastes.--Section 14901(b) is 
amended by striking ``not to exceed $20,000'' and inserting ``not less 
than $25,000''.

SEC. 32109. REVOCATION OF REGISTRATION FOR IMMINENT HAZARD.

    Section 13905(f)(2) is amended to read as follows:
            ``(2) Imminent hazard to public health.--Notwithstanding 
        subchapter II of chapter 5 of title 5, the Secretary shall 
        revoke the registration of a motor carrier if the Secretary 
        finds that the carrier is or was conducting unsafe operations 
        that are or were an imminent hazard to public health or 
        property.''.

SEC. 32110. REVOCATION OF REGISTRATION AND OTHER PENALTIES FOR FAILURE 
              TO RESPOND TO SUBPOENA.

    Section 525 is amended--
            (1) by striking ``subpenas'' in the section heading and 
        inserting ``subpoenas'';
            (2) by striking ``subpena'' and inserting ``subpoena'';
            (3) by striking ``$100'' and inserting ``$1,000'';
            (4) by striking ``$5,000'' and inserting ``$10,000''; and
            (5) by adding at the end the following:
    ``The Secretary may withhold, suspend, amend, or revoke any part of 
the registration of a person required to register under chapter 139 for 
failing to obey a subpoena or requirement of the Secretary under this 
chapter to appear and testify or produce records.''.

SEC. 32111. FLEETWIDE OUT OF SERVICE ORDER FOR OPERATING WITHOUT 
              REQUIRED REGISTRATION.

    Section 13902(e)(1) is amended--
            (1) by striking ``motor vehicle'' and inserting ``motor 
        carrier'' after ``the Secretary determines that a''; and
            (2) by striking ``order the vehicle'' and inserting ``order 
        the motor carrier operations'' after ``the Secretary may''.

SEC. 32112. MOTOR CARRIER AND OFFICER PATTERNS OF SAFETY VIOLATIONS.

    Section 31135 is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Noncompliance.--
            ``(1) Motor carriers.--Two or more motor carriers, 
        employers, or persons shall not use common ownership, common 
        management, common control, or common familial relationship to 
        enable any or all such motor carriers, employers, or persons to 
        avoid compliance, or mask or otherwise conceal non-compliance, 
        or a history of non-compliance, with regulations prescribed 
        under this subchapter or an order of the Secretary issued under 
        this subchapter.
            ``(2) Pattern.--If the Secretary finds that a motor 
        carrier, employer, or person engaged in a pattern or practice 
        of avoiding compliance, or masking or otherwise concealing 
        noncompliance, with regulations prescribed under this 
        subchapter, the Secretary--
                    ``(A) may withhold, suspend, amend, or revoke any 
                part of the motor carrier's, employer's, or person's 
                registration in accordance with section 13905 or 31134; 
                and
                    ``(B) shall take into account such non-compliance 
                for purposes of determining civil penalty amounts under 
                section 521(b)(2)(D).
            ``(3) Officers.--If the Secretary finds, after notice and 
        an opportunity for proceeding, that an officer of a motor 
        carrier, employer, or owner or operator engaged in a pattern or 
        practice of violating regulations prescribed under this 
        subchapter, or assisted a motor carrier, employer, or owner or 
        operator in avoiding compliance, or masking or otherwise 
        concealing noncompliance, the Secretary may impose appropriate 
        sanctions, subject to the limitations in paragraph (4), 
        including--
                    ``(A) suspension or revocation of registration 
                granted to the officer individually under section 13902 
                or 31134;
                    ``(B) temporary or permanent suspension or bar from 
                association with any motor carrier, employer, or owner 
                or operator registered under section 13902 or 31134; or
                    ``(C) any appropriate sanction approved by the 
                Secretary.
            ``(4) Limitations.--The sanctions described in 
        subparagraphs (A) through (C) of subsection (b)(3) shall apply 
        to--
                    ``(A) intentional or knowing conduct, including 
                reckless conduct that violates applicable laws 
                (including regulations); and
                    ``(B) repeated instances of negligent conduct that 
                violates applicable laws (including regulations).''; 
                and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Avoiding Compliance.--For purposes of this section, `avoiding 
compliance' or `masking or otherwise concealing noncompliance' includes 
serving as an officer or otherwise exercising controlling influence 
over 2 or more motor carriers where--
            ``(1) one of the carriers was placed out of service, or 
        received notice from the Secretary that it will be placed out 
        of service, following--
                    ``(A) a determination of unfitness under section 
                31144(b);
                    ``(B) a suspension or revocation of registration 
                under section 13902, 13905, or 31144(g);
                    ``(C) issuance of an imminent hazard out of service 
                order under section 521(b)(5) or section 5121(d); or
                    ``(D) notice of failure to pay a civil penalty or 
                abide by a penalty payment plan; and
            ``(2) one or more of the carriers is the `successor,' as 
        that term is defined in section 31153, to the carrier that is 
        the subject of the action in paragraph (1).''.

SEC. 32113. FEDERAL SUCCESSOR STANDARD.

    (a) In General.--Chapter 311 is amended by adding after section 
31152, as added by section 32508 of this Act, the following:
``Sec. 31153. Federal successor standard
    ``(a) Federal Successor Standard.--Notwithstanding any other 
provision of Federal or State law, the Secretary may take an action 
authorized under chapters 5, 51, 131 through 149, subchapter III of 
chapter 311 (except sections 31138 and 31139), or sections 31302, 
31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a 
regulation issued under any of those provisions, against a successor of 
a motor carrier (as defined in section 13102), a successor of an 
employer (as defined in section 31132), or a successor of an owner or 
operator (as that term is used in subchapter III of chapter 311), to 
the same extent and on the same basis as the Secretary may take the 
action against the motor carrier, employer, or owner or operator.
    ``(b) Successor Defined.--For purposes of this section, the term 
`successor' means a motor carrier, employer, or owner or operator that 
the Secretary determines, after notice and an opportunity for a 
proceeding, has 1 or more features that correspond closely with the 
features of another existing or former motor carrier, employer, or 
owner or operator, such as--
            ``(1) consideration paid for assets purchased or 
        transferred;
            ``(2) dates of corporate creation and dissolution or 
        termination of operations;
            ``(3) commonality of ownership;
            ``(4) commonality of officers and management personnel and 
        their functions;
            ``(5) commonality of drivers and other employees;
            ``(6) identity of physical or mailing addresses, telephone, 
        fax numbers, or e-mail addresses;
            ``(7) identity of motor vehicle equipment;
            ``(8) continuity of liability insurance policies;
            ``(9) commonality of coverage under liability insurance 
        policies;
            ``(10) continuation of carrier facilities and other 
        physical assets;
            ``(11) continuity of the nature and scope of operations, 
        including customers;
            ``(12) commonality of the nature and scope of operations, 
        including customers;
            ``(13) advertising, corporate name, or other acts through 
        which the motor carrier, employer, or owner or operator holds 
        itself out to the public;
            ``(14) history of safety violations and pending orders or 
        enforcement actions of the Secretary; and
            ``(15) additional factors that the Secretary considers 
        appropriate.
    ``(c) Effective Date.--Notwithstanding any other provision of law, 
this section shall apply to any action commenced on or after the date 
of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 
2012 without regard to whether the violation that is the subject of the 
action, or the conduct that caused the violation, occurred before the 
date of enactment.
    ``(d) Rights Not Affected.--Nothing in this section shall affect 
the rights, functions, or responsibilities under law of any other 
Department, Agency, or instrumentality of the United States, the laws 
of any State, or any rights between a private party and a motor 
carrier, employer, or owner or operator.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item related to section 31152, as added by 
section 32508 of this Act, the following:

``31153. Federal successor standard.''.

              Subtitle B--Commercial Motor Vehicle Safety

SEC. 32201. REPEAL OF COMMERCIAL JURISDICTION EXCEPTION FOR BROKERS OF 
              MOTOR CARRIERS OF PASSENGERS.

    (a) In General.--Section 13506(a) is amended--
            (1) by inserting ``or'' at the end of paragraph (13);
            (2) by striking paragraph (14); and
            (3) by redesignating paragraph (15) as paragraph (14).
    (b) Conforming Amendment.--Section 13904(a) is amended by striking 
``of property'' in the first sentence.

SEC. 32202. BUS RENTALS AND DEFINITION OF EMPLOYER.

    Paragraph (3) of section 31132 is amended to read as follows:
            ``(3) `employer'--
                    ``(A) means a person engaged in a business 
                affecting interstate commerce that--
                            ``(i) owns or leases a commercial motor 
                        vehicle in connection with that business, or 
                        assigns an employee to operate the commercial 
                        motor vehicle; or
                            ``(ii) offers for rent or lease a motor 
                        vehicle designed or used to transport more than 
                        8 passengers, including the driver, and from 
                        the same location or as part of the same 
                        business provides names or contact information 
                        of drivers, or holds itself out to the public 
                        as a charter bus company; but
                    ``(B) does not include the Government, a State, or 
                a political subdivision of a State.''.

SEC. 32203. CRASHWORTHINESS STANDARDS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall conduct a comprehensive 
analysis on the need for crashworthiness standards on property-carrying 
commercial motor vehicles with a gross vehicle weight rating or gross 
vehicle weight of at least 26,001 pounds involved in interstate 
commerce, including an evaluation of the need for roof strength, pillar 
strength, air bags, and frontal and back wall standards.
    (b) Report.--Not later than 90 days after completing the 
comprehensive analysis under subsection (a), the Secretary shall report 
the results of the analysis and any recommendations to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.

SEC. 32204. CANADIAN SAFETY RATING RECIPROCITY.

    Section 31144 is amended by adding at the end the following:
    ``(h) Recognition of Canadian Motor Carrier Safety Fitness 
Determinations.--
            ``(1) If an authorized agency of the Canadian federal 
        government or a Canadian Territorial or Provincial government 
        determines, by applying the procedure and standards prescribed 
        by the Secretary under subsection (b) or pursuant to an 
        agreement under paragraph (2), that a Canadian employer is 
        unfit and prohibits the employer from operating a commercial 
        motor vehicle in Canada or any Canadian Province, the Secretary 
        may prohibit the employer from operating such vehicle in 
        interstate and foreign commerce until the authorized Canadian 
        agency determines that the employer is fit.
            ``(2) The Secretary may consult and participate in 
        negotiations with authorized officials of the Canadian federal 
        government or a Canadian Territorial or Provincial government, 
        as necessary, to provide reciprocal recognition of each 
        country's motor carrier safety fitness determinations. An 
        agreement shall provide, to the maximum extent practicable, 
        that each country will follow the procedure and standards 
        prescribed by the Secretary under subsection (b) in making 
        motor carrier safety fitness determinations.''.

SEC. 32205. STATE REPORTING OF FOREIGN COMMERCIAL DRIVER CONVICTIONS.

    (a) Definition of Foreign Commercial Driver.--Section 31301 is 
amended--
            (1) by redesignating paragraphs (10) through (14) as 
        paragraphs (11) through (15), respectively; and
            (2) by inserting after paragraph (9) the following:
            ``(10) `foreign commercial driver' means an individual 
        licensed to operate a commercial motor vehicle by an authority 
        outside the United States, or a citizen of a foreign country 
        who operates a commercial motor vehicle in the United 
        States.''.
    (b) State Reporting of Convictions.--Section 31311(a) is amended by 
adding after paragraph (21) the following:
            ``(22) The State shall report a conviction of a foreign 
        commercial driver by that State to the Federal Convictions and 
        Withdrawal Database, or another information system designated 
        by the Secretary to record the convictions. A report shall 
        include--
                    ``(A) for a driver holding a foreign commercial 
                driver's license--
                            ``(i) each conviction relating to the 
                        operation of a commercial motor vehicle; and
                            ``(ii) a non-commercial motor vehicle; and
                    ``(B) for an unlicensed driver or a driver holding 
                a foreign non-commercial driver's license, each 
                conviction for operating a commercial motor vehicle.''.

SEC. 32206. AUTHORITY TO DISQUALIFY FOREIGN COMMERCIAL DRIVERS.

    Section 31310 is amended by adding at the end the following:
    ``(k) Foreign Commercial Drivers.--A foreign commercial driver 
shall be subject to disqualification under this section.''.

SEC. 32207. REVOCATION OF FOREIGN MOTOR CARRIER OPERATING AUTHORITY FOR 
              FAILURE TO PAY CIVIL PENALTIES.

    Section 13905(d)(2), as amended by section 32103(a) of this Act, is 
amended by inserting ``foreign motor carrier, foreign motor private 
carrier,'' after ``registration of a motor carrier,'' each place it 
appears.

SEC. 32208. RENTAL TRUCK ACCIDENT STUDY.

    (a) Definitions.--In this section:
            (1) Rental truck.--The term ``rental truck'' means a motor 
        vehicle with a gross vehicle weight rating of between 10,000 
        and 26,000 pounds that is made available for rental by a rental 
        truck company.
            (2) Rental truck company.--The term ``rental truck 
        company'' means a person or company that is in the business of 
        renting or leasing rental trucks to the public or for private 
        use.
    (b) Study.--
            (1) In general.--The Secretary shall conduct a study of the 
        safety of rental trucks during the 7-year period ending on 
        December 31, 2011.
            (2) Requirements.--The study conducted under paragraph (1) 
        shall--
                    (A) evaluate available data on the number of 
                crashes, fatalities, and injuries involving rental 
                trucks and the cause of such crashes, utilizing police 
                accident reports and other sources;
                    (B) estimate the property damage and costs 
                resulting from a subset of crashes involving rental 
                truck operations, which the Secretary believes 
                adequately reflect all crashes involving rental trucks;
                    (C) analyze State and local laws regulating rental 
                truck companies, including safety and inspection 
                requirements;
                    (D) assess the rental truck maintenance programs of 
                a selection of small, medium, and large rental truck 
                companies, as selected by the Secretary, including the 
                frequency of rental truck maintenance inspections, and 
                compare such programs with inspection requirements for 
                passenger vehicles and commercial motor vehicles;
                    (E) include any other information available 
                regarding the safety of rental trucks; and
                    (F) review any other information that the Secretary 
                determines to be appropriate.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
that contains--
            (1) the findings of the study conducted pursuant to 
        subsection (b); and
            (2) any recommendations for legislation that the Secretary 
        determines to be appropriate.

                       Subtitle C--Driver Safety

SEC. 32301. ELECTRONIC ON-BOARD RECORDING DEVICES.

    (a) General Authority.--Section 31137 is amended--
            (1) by amending the section heading to read as follows:
``Sec. 31137. Electronic on-board recording devices and brake 
              maintenance regulations'';
            (2) by redesignating subsection (b) as subsection (e); and
            (3) by amending (a) to read as follows:
    ``(a) Electronic On-Board Recording Devices.--Not later than 1 year 
after the date of enactment of the Commercial Motor Vehicle Safety 
Enhancement Act of 2012, the Secretary of Transportation shall 
prescribe regulations--
            ``(1) requiring a commercial motor vehicle involved in 
        interstate commerce and operated by a driver subject to the 
        hours of service and the record of duty status requirements 
        under part 395 of title 49, Code of Federal Regulations, be 
        equipped with an electronic on-board recording device to 
        improve compliance by an operator of a vehicle with hours of 
        service regulations prescribed by the Secretary; and
            ``(2) ensuring that an electronic on-board recording device 
        is not used to harass a vehicle operator.
    ``(b) Electronic On-Board Recording Device Requirements.--
            ``(1) In general.--The regulations prescribed under 
        subsection (a) shall--
                    ``(A) require an electronic on-board recording 
                device--
                            ``(i) to accurately record commercial 
                        driver hours of service;
                            ``(ii) to record the location of a 
                        commercial motor vehicle;
                            ``(iii) to be tamper resistant; and
                            ``(iv) to be integrally synchronized with 
                        an engine's control module;
                    ``(B) allow law enforcement to access the data 
                contained in the device during a roadside inspection; 
                and
                    ``(C) apply to a commercial motor vehicle beginning 
                on the date that is 2 years after the date that the 
                regulations are published as a final rule.
            ``(2) Performance and design standards.--The regulations 
        prescribed under subsection (a) shall establish performance 
        standards--
                    ``(A) defining a standardized user interface to aid 
                vehicle operator compliance and law enforcement review;
                    ``(B) establishing a secure process for 
                standardized--
                            ``(i) and unique vehicle operator 
                        identification;
                            ``(ii) data access;
                            ``(iii) data transfer for vehicle operators 
                        between motor vehicles;
                            ``(iv) data storage for a motor carrier; 
                        and
                            ``(v) data transfer and transportability 
                        for law enforcement officials;
                    ``(C) establishing a standard security level for an 
                electronic on-board recording device and related 
                components to be tamper resistant by using a 
                methodology endorsed by a nationally recognized 
                standards organization; and
                    ``(D) identifying each driver subject to the hours 
                of service and record of duty status requirements under 
                part 395 of title 49, Code of Federal Regulations.
    ``(c) Certification Criteria.--
            ``(1) In general.--The regulations prescribed by the 
        Secretary under this section shall establish the criteria and a 
        process for the certification of an electronic on-board 
        recording device to ensure that the device meets the 
        performance requirements under this section.
            ``(2) Effect of noncertification.--An electronic on-board 
        recording device that is not certified in accordance with the 
        certification process referred to in paragraph (1) shall not be 
        acceptable evidence of hours of service and record of duty 
        status requirements under part 395 of title 49, Code of Federal 
        Regulations.
    ``(d) Electronic On-Board Recording Device Defined.--In this 
section, the term `electronic on-board recording device' means an 
electronic device that--
            ``(1) is capable of recording a driver's hours of service 
        and duty status accurately and automatically; and
            ``(2) meets the requirements established by the Secretary 
        through regulation.''.
    (b) Civil Penalties.--Section 30165(a)(1) is amended by striking 
``or 30141 through 30147'' and inserting ``30141 through 30147, or 
31137''.
    (c) Conforming Amendment.--The analysis for chapter 311 is amended 
by striking the item relating to section 31137 and inserting the 
following:

``31137. Electronic on-board recording devices and brake maintenance 
                            regulations.''.

SEC. 32302. SAFETY FITNESS.

    (a) Safety Fitness Rating Methodology.--The Secretary shall--
            (1) incorporate into its Compliance, Safety, Accountability 
        program a safety fitness rating methodology that assigns 
        sufficient weight to adverse vehicle and driver performance 
        based-data that elevate crash risks to warrant an 
        unsatisfactory rating for a carrier; and
            (2) ensure that the data to support such assessments is 
        accurate.
    (b) Interim Measures.--Not later than March 31, 2012, the Secretary 
shall take interim measures to implement a similar safety fitness 
rating methodology in its current safety rating system if the 
Compliance, Safety, Accountability program is not fully implemented.

SEC. 32303. DRIVER MEDICAL QUALIFICATIONS.

    (a) Deadline for Establishment of National Registry of Medical 
Examiners.--Not later than 1 year after the date of enactment of this 
Act, the Secretary shall establish a national registry of medical 
examiners in accordance with section 31149(d)(1) of title 49, United 
States Code.
    (b) Examination Requirement for National Registry of Medical 
Examiners.--Section 31149(c)(1)(D) is amended to read as follows:
                    ``(D) not later than 1 year after enactment of the 
                Commercial Motor Vehicle Safety Enhancement Act of 
                2012, develop requirements for a medical examiner to be 
                listed in the national registry under this section, 
                including--
                            ``(i) the completion of specific courses 
                        and materials;
                            ``(ii) certification, including self-
                        certification, if the Secretary determines that 
                        self-certification is necessary for sufficient 
                        participation in the national registry, to 
                        verify that a medical examiner completed 
                        specific training, including refresher courses, 
                        that the Secretary determines necessary to be 
                        listed in the national registry;
                            ``(iii) an examination that requires a 
                        passing grade; and
                            ``(iv) demonstration of a medical 
                        examiner's willingness to meet the reporting 
                        requirements established by the Secretary;''.
    (c) Additional Oversight of Licensing Authorities.--
            (1) In general.--Section 31149(c)(1) is amended--
                    (A) by amending subparagraph (E) to read as 
                follows:
                    ``(E) require medical examiners to transmit 
                electronically, on at least a monthly basis, the name 
                of the applicant, a numerical identifier, and 
                additional information contained on the medical 
                examiner's certificate for any completed medical 
                examination report required under section 391.43 of 
                title 49, Code of Federal Regulations, to the chief 
                medical examiner;'';
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) annually review the implementation of 
                commercial driver's license requirements by not fewer 
                than 10 States to assess the accuracy, validity, and 
                timeliness of--
                            ``(i) the submission of physical 
                        examination reports and medical certificates to 
                        State licensing agencies; and
                            ``(ii) the processing of the submissions by 
                        State licensing agencies.''.
            (2) Internal oversight policy.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary shall 
                establish an oversight policy and procedure to carry 
                out section 31149(c)(1)(G) of title 49, United States 
                Code, as added by section 32303(c)(1) of this Act.
                    (B) Effective date.--The amendments made by section 
                32303(c)(1) of this Act shall take effect on the date 
                the oversight policies and procedures are established 
                pursuant to subparagraph (A).
    (d) Electronic Filing of Medical Examination Certificates.--Section 
31311(a), as amended by sections 32205(b) and 32306(b) of this Act, is 
amended by adding at the end the following:
            ``(24) Not later than 1 year after the date of enactment of 
        the Commercial Motor Vehicle Safety Enhancement Act of 2012, 
        the State shall establish and maintain, as part of its driver 
        information system, the capability to receive an electronic 
        copy of a medical examiner's certificate, from a certified 
        medical examiner, for each holder of a commercial driver's 
        license issued by the State who operates or intends to operate 
        in interstate commerce.''.
    (e) Funding.--
            (1) Authorization of appropriations.--Of the funds provided 
        for Data and Technology Grants under section 31104(a) of title 
        49, United States Code, there are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) for the Secretary to make grants to States or an 
        organization representing agencies and officials of the States 
        to support development costs of the information technology 
        needed to carry out section 31311(a)(24) of title 49, United 
        States Code--
                    (A) up to $1,000,000 for fiscal year 2012; and
                    (B) up to $1,000,000 for fiscal year 2013.
            (2) Period of availability.--The amounts made available 
        under this subsection shall remain available until expended.

SEC. 32304. COMMERCIAL DRIVER'S LICENSE NOTIFICATION SYSTEM.

    (a) In General.--Section 31304 is amended--
            (1) by striking ``An employer'' and inserting the 
        following:
    ``(a) In General.--An employer''; and
            (2) by adding at the end the following:
    ``(b) Driver Violation Records.--
            ``(1) Periodic review.--Except as provided in paragraph 
        (3), an employer shall ascertain the driving record of each 
        driver it employs--
                    ``(A) by making an inquiry at least once every 12 
                months to the appropriate State agency in which the 
                driver held or holds a commercial driver's license or 
                permit during such time period;
                    ``(B) by receiving occurrence-based reports of 
                changes in the status of a driver's record from 1 or 
                more driver record notification systems that meet 
                minimum standards issued by the Secretary; or
                    ``(C) by a combination of inquiries to States and 
                reports from driver record notification systems.
            ``(2) Record keeping.--A copy of the reports received under 
        paragraph (1) shall be maintained in the driver's qualification 
        file.
            ``(3) Exceptions to record review requirement.--Paragraph 
        (1) shall not apply to a driver employed by an employer who, in 
        any 7-day period, is employed or used as a driver by more than 
        1 employer--
                    ``(A) if the employer obtains the driver's 
                identification number, type, and issuing State of the 
                driver's commercial motor vehicle license; or
                    ``(B) if the information described in subparagraph 
                (A) is furnished by another employer and the employer 
                that regularly employs the driver meets the other 
                requirements under this section.
            ``(4) Driver record notification system defined.--In this 
        section, the term `driver record notification system' means a 
        system that automatically furnishes an employer with a report, 
        generated by the appropriate agency of a State, on the change 
        in the status of an employee's driver's license due to a 
        conviction for a moving violation, a failure to appear, an 
        accident, driver's license suspension, driver's license 
        revocation, or any other action taken against the driving 
        privilege.''.
    (b) Standards for Driver Record Notification Systems.--Not later 
than 1 year after the date of enactment of this Act, the Secretary 
shall issue minimum standards for driver notification systems, 
including standards for the accuracy, consistency, and completeness of 
the information provided.
    (c) Plan for National Notification System.--
            (1) Development.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall develop 
        recommendations and a plan for the development and 
        implementation of a national driver record notification system, 
        including--
                    (A) an assessment of the merits of achieving a 
                national system by expanding the Commercial Driver's 
                License Information System; and
                    (B) an estimate of the fees that an employer will 
                be charged to offset the operating costs of the 
                national system.
            (2) Submission to congress.--Not later than 90 days after 
        the recommendations and plan are developed under paragraph (1), 
        the Secretary shall submit a report on the recommendations and 
        plan to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives.

SEC. 32305. COMMERCIAL MOTOR VEHICLE OPERATOR TRAINING.

    (a) In General.--Section 31305 is amended by adding at the end the 
following:
    ``(c) Standards for Training.--Not later than 6 months after the 
date of enactment of the Commercial Motor Vehicle Safety Enhancement 
Act of 2012, the Secretary shall issue final regulations establishing 
minimum entry-level training requirements for an individual operating a 
commercial motor vehicle--
            ``(1) addressing the knowledge and skills that--
                    ``(A) are necessary for an individual operating a 
                commercial motor vehicle to safely operate a commercial 
                motor vehicle; and
                    ``(B) must be acquired before obtaining a 
                commercial driver's license for the first time or 
                upgrading from one class of commercial driver's license 
                to another class;
            ``(2) addressing the specific training needs of a 
        commercial motor vehicle operator seeking passenger or 
        hazardous materials endorsements, including for an operator 
        seeking a passenger endorsement training--
                    ``(A) to suppress motorcoach fires; and
                    ``(B) to evacuate passengers from motorcoaches 
                safely;
            ``(3) requiring effective instruction to acquire the 
        knowledge, skills, and training referred to in paragraphs (1) 
        and (2), including classroom and behind-the-wheel instruction;
            ``(4) requiring certification that an individual operating 
        a commercial motor vehicle meets the requirements established 
        by the Secretary; and
            ``(5) requiring a training provider (including a public or 
        private driving school, motor carrier, or owner or operator of 
        a commercial motor vehicle) that offers training that results 
        in the issuance of a certification to an individual under 
        paragraph (4) to demonstrate that the training meets the 
        requirements of the regulations, through a process established 
        by the Secretary.''.
    (b) Commercial Driver's License Uniform Standards.--Section 
31308(1) is amended to read as follows:
            ``(1) an individual issued a commercial driver's license--
                    ``(A) pass written and driving tests for the 
                operation of a commercial motor vehicle that comply 
                with the minimum standards prescribed by the Secretary 
                under section 31305(a); and
                    ``(B) present certification of completion of driver 
                training that meets the requirements established by the 
                Secretary under section 31305(c);''.
    (c) Conforming Amendment.--The section heading for section 31305 is 
amended to read as follows:
``Sec. 31305. General driver fitness, testing, and training''.
    (d) Conforming Amendment.--The analysis for chapter 313 is amended 
by striking the item relating to section 31305 and inserting the 
following:

``31305. General driver fitness, testing, and training.''.

SEC. 32306. COMMERCIAL DRIVER'S LICENSE PROGRAM.

    (a) In General.--Section 31309 is amended--
            (1) in subsection (e)(4), by amending subparagraph (A) to 
        read as follows:
                    ``(A) In general.--The plan shall specify--
                            ``(i) a date by which all States shall be 
                        operating commercial driver's license 
                        information systems that are compatible with 
                        the modernized information system under this 
                        section; and
                            ``(ii) that States must use the systems to 
                        receive and submit conviction and 
                        disqualification data.''; and
            (2) in subsection (f), by striking ``use'' and inserting 
        ``use, subject to section 31313(a),''.
    (b) Requirements for State Participation.--Section 31311 is 
amended--
            (1) in subsection (a), as amended by section 32205(b) of 
        this Act--
                    (A) in paragraph (5), by striking ``At least'' and 
                all that follows through ``regulation),'' and 
                inserting: ``Not later than the time period prescribed 
                by the Secretary by regulation,''; and
                    (B) by adding at the end the following:
            ``(23) Not later than 1 year after the date of enactment of 
        the Commercial Motor Vehicle Safety Enhancement Act of 2012, 
        the State shall implement a system and practices for the 
        exclusive electronic exchange of driver history record 
        information on the system the Secretary maintains under section 
        31309, including the posting of convictions, withdrawals, and 
        disqualifications.''; and
            (2) by adding at the end the following:
    ``(d) Critical Requirements.--
            ``(1) Identification of critical requirements.--After 
        reviewing the requirements under subsection (a), including the 
        regulations issued pursuant to subsection (a) and section 
        31309(e)(4), the Secretary shall identify the requirements that 
        are critical to an effective State commercial driver's license 
        program.
            ``(2) Guidance.--Not later than 180 days after the date of 
        enactment of the Commercial Motor Vehicle Safety Enhancement 
        Act of 2012, the Secretary shall issue guidance to assist 
        States in complying with the critical requirements identified 
        under paragraph (1). The guidance shall include a description 
        of the actions that each State must take to collect and share 
        accurate and complete data in a timely manner.
    ``(e) State Commercial Driver's License Program Plan.--
            ``(1) In general.--Not later than 180 days after the 
        Secretary issues guidance under subsection (d)(2), a State 
        shall submit a plan to the Secretary for complying with the 
        requirements under this section during the period beginning on 
        the date the plan is submitted and ending on September 30, 
        2016.
            ``(2) Contents.--A plan submitted by a State under 
        paragraph (1) shall identify--
                    ``(A) the actions that the State will take to 
                comply with the critical requirements identified under 
                subsection (d)(1);
                    ``(B) the actions that the State will take to 
                address any deficiencies in the State's commercial 
                driver's license program, as identified by the 
                Secretary in the most recent audit of the program; and
                    ``(C) other actions that the State will take to 
                comply with the requirements under subsection (a).
            ``(3) Priority.--
                    ``(A) Implementation schedule.--A plan submitted by 
                a State under paragraph (1) shall include a schedule 
                for the implementation of the actions identified under 
                paragraph (2). In establishing the schedule, the State 
                shall prioritize the actions identified under 
                paragraphs (2)(A) and (2)(B).
                    ``(B) Deadline for compliance with critical 
                requirements.--A plan submitted by a State under 
                paragraph (1) shall include assurances that the State 
                will take the necessary actions to comply with the 
                critical requirements pursuant to subsection (d) not 
                later than September 30, 2015.
            ``(4) Approval and disapproval.--The Secretary shall--
                    ``(A) review each plan submitted under paragraph 
                (1);
                    ``(B) approve a plan that the Secretary determines 
                meets the requirements under this subsection and 
                promotes the goals of this chapter; and
                    ``(C) disapprove a plan that the Secretary 
                determines does not meet the requirements or does not 
                promote the goals.
            ``(5) Modification of disapproved plans.--If the Secretary 
        disapproves a plan under paragraph (4)(C), the Secretary 
        shall--
                    ``(A) provide a written explanation of the 
                disapproval to the State; and
                    ``(B) allow the State to modify the plan and 
                resubmit it for approval.
            ``(6) Plan updates.--The Secretary may require a State to 
        review and update a plan, as appropriate.
    ``(f) Annual Comparison of State Levels of Compliance.--The 
Secretary shall annually--
            ``(1) compare the relative levels of compliance by States 
        with the requirements under subsection (a); and
            ``(2) make the results of the comparison available to the 
        public.''.
    (c) Decertification Authority.--Section 31312 is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Deadline for Compliance With Critical Requirements.--
Beginning on October 1, 2016, in making a determination under 
subsection (a), the Secretary shall consider a State to be in 
substantial noncompliance with this chapter if the Secretary determines 
that--
            ``(1) the State is not complying with a critical 
        requirement under section 31311(d)(1); and
            ``(2) sufficient grant funding was made available to the 
        State under section 31313(a) to comply with the requirement.''.

SEC. 32307. COMMERCIAL DRIVER'S LICENSE REQUIREMENTS.

    (a) Licensing Standards.--Section 31305(a)(7) is amended by 
inserting ``would not be subject to a disqualification under section 
31310(g) of this title and'' after ``taking the tests''.
    (b) Disqualifications.--Section 31310(g)(1) is amended by deleting 
``who holds a commercial driver's license and''.

SEC. 32308. COMMERCIAL MOTOR VEHICLE DRIVER INFORMATION SYSTEMS.

    Section 31106(c) is amended--
            (1) by striking the subsection heading and inserting ``(1) 
        In general.--'';
            (2) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D); and
            (3) by adding at the end the following:
            ``(2) Access to records.--The Secretary may require a 
        State, as a condition of an award of grant money under this 
        section, to provide the Secretary access to all State licensing 
        status and driver history records via an electronic information 
        system, subject to section 2721 of title 18.''.

SEC. 32309. DISQUALIFICATIONS BASED ON NON-COMMERCIAL MOTOR VEHICLE 
              OPERATIONS.

    (a) First Offense.--Section 31310(b)(1)(D) is amended by striking 
``commercial'' after ``revoked, suspended, or canceled based on the 
individual's operation of a,'' and before ``motor vehicle''.
    (b) Second Offense.--Section 31310(c)(1)(D) is amended by striking 
``commercial'' after ``revoked, suspended, or canceled based on the 
individual's operation of a,'' and before ``motor vehicle''.

SEC. 32310. FEDERAL DRIVER DISQUALIFICATIONS.

    (a) Disqualification Defined.--Section 31301, as amended by section 
32205 of this Act, is amended--
            (1) by redesignating paragraphs (6) through (15) as 
        paragraphs (7) through (16), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) `Disqualification' means--
                    ``(A) the suspension, revocation, or cancellation 
                of a commercial driver's license by the State of 
                issuance;
                    ``(B) a withdrawal of an individual's privilege to 
                drive a commercial motor vehicle by a State or other 
                jurisdiction as the result of a violation of State or 
                local law relating to motor vehicle traffic control, 
                except for a parking, vehicle weight, or vehicle defect 
                violation;
                    ``(C) a determination by the Secretary that an 
                individual is not qualified to operate a commercial 
                motor vehicle; or
                    ``(D) a determination by the Secretary that a 
                commercial motor vehicle driver is unfit under section 
                31144(g).''.
    (b) Commercial Driver's License Information System Contents.--
Section 31309(b)(1)(F) is amended by inserting after ``disqualified'' 
the following: ``by the State that issued the individual a commercial 
driver's license, or by the Secretary,''.
    (c) State Action on Federal Disqualification.--Section 31310(h) is 
amended by inserting after the first sentence the following:
    ``If the State has not disqualified the individual from operating a 
commercial vehicle under subsections (b) through (g), the State shall 
disqualify the individual if the Secretary determines under section 
31144(g) that the individual is disqualified from operating a 
commercial motor vehicle.''.

SEC. 32311. EMPLOYER RESPONSIBILITIES.

    Section 31304, as amended by section 32304 of this Act, is amended 
in subsection (a)--
            (1) by striking ``knowingly''; and
            (2) by striking ``in which'' and inserting ``that the 
        employer knows or should reasonably know that''.

SEC. 32312. IMPROVING AND EXPEDITING SAFETY ASSESSMENTS IN THE 
              COMMERCIAL DRIVER'S LICENSE APPLICATION PROCESS FOR 
              MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES.

    (a) Study.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary, in coordination with 
        the Secretary of Defense, and in consultation with the States 
        and other relevant stakeholders, shall commence a study to 
        assess Federal and State regulatory, economic, and 
        administrative challenges faced by members and former members 
        of the Armed Forces, who received safety training and operated 
        qualifying motor vehicles during their service, in obtaining 
        commercial driver's licenses (as defined in section 31301(3) of 
        title 49, United States Code).
            (2) Requirements.--The study under this subsection shall--
                    (A) identify written and behind-the-wheel safety 
                training, qualification standards, knowledge and skills 
                tests, or other operating experience members of the 
                Armed Forces must meet that satisfy the minimum 
                standards prescribed by the Secretary of Transportation 
                for the operation of commercial motor vehicles under 
                section 31305 of title 49, United States Code;
                    (B) compare the alcohol and controlled substances 
                testing requirements for members of the Armed Forces 
                with those required for holders of a commercial 
                driver's license;
                    (C) evaluate the cause of delays in reviewing 
                applications for commercial driver's licenses of 
                members and former members of the Armed Forces;
                    (D) identify duplicative application costs;
                    (E) identify residency, domicile, training and 
                testing requirements, and other safety or health 
                assessments that affect or delay the issuance of 
                commercial driver's licenses to members and former 
                members of the Armed Forces; and
                    (F) include other factors that the Secretary 
                determines to be appropriate to meet the requirements 
                of the study.
    (b) Report.--
            (1) In general.--Not later than 180 days after the 
        commencement of the study under subsection (a), the Secretary 
        shall submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Financial 
        Services of the House of Representatives that contains the 
        findings and recommendations from the study.
            (2) Elements.--The report under paragraph (1) shall 
        include--
                    (A) findings related to the study requirements 
                under subsection (a)(2);
                    (B) recommendations for the Federal and State 
                legislative, regulatory, and administrative actions 
                necessary to address challenges identified in 
                subparagraph (A); and
                    (C) a plan to implement the recommendations for 
                which the Secretary has authority.
    (c) Implementation.--Upon the completion of the report under 
subsection (b), the Secretary shall implement the plan described in 
subsection (b)(2)(C).

                   Subtitle D--Safe Roads Act of 2012

SEC. 32401. SHORT TITLE.

    This subtitle may be cited as the ``Safe Roads Act of 2012''.

SEC. 32402. NATIONAL CLEARINGHOUSE FOR CONTROLLED SUBSTANCE AND ALCOHOL 
              TEST RESULTS OF COMMERCIAL MOTOR VEHICLE OPERATORS.

    (a) In General.--Chapter 313 is amended--
            (1) in section 31306(a), by inserting ``and section 
        31306a'' after ``this section''; and
            (2) by inserting after section 31306 the following:
``Sec. 31306a. National clearinghouse for controlled substance and 
              alcohol test results of commercial motor vehicle 
              operators
    ``(a) Establishment.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Safe Roads Act of 2012, the Secretary of 
        Transportation shall establish a national clearinghouse for 
        records relating to alcohol and controlled substances testing 
        of commercial motor vehicle operators.
            ``(2) Purposes.--The purposes of the clearinghouse shall 
        be--
                    ``(A) to improve compliance with the Department of 
                Transportation's alcohol and controlled substances 
                testing program applicable to commercial motor vehicle 
                operators;
                    ``(B) to facilitate access to information about an 
                individual before employing the individual as a 
                commercial motor vehicle operator;
                    ``(C) to enhance the safety of our United States 
                roadways by reducing accident fatalities involving 
                commercial motor vehicles; and
                    ``(D) to reduce the number of impaired commercial 
                motor vehicle operators.
            ``(3) Contents.--The clearinghouse shall function as a 
        repository for records relating to the positive test results 
        and test refusals of commercial motor vehicle operators and 
        violations by such operators of prohibitions set forth in 
        subpart B of part 382 of title 49, Code of Federal Regulations 
        (or any subsequent corresponding regulations).
            ``(4) Electronic exchange of records.--The Secretary shall 
        ensure that records can be electronically submitted to, and 
        requested from, the clearinghouse by authorized users.
            ``(5) Authorized operator.--The Secretary may authorize a 
        qualified and experienced private entity to operate and 
        maintain the clearinghouse and to collect fees on behalf of the 
        Secretary under subsection (e). The entity shall establish, 
        operate, maintain and expand the clearinghouse and permit 
        access to driver information and records from the clearinghouse 
        in accordance with this section.
    ``(b) Design of Clearinghouse.--
            ``(1) Use of federal motor carrier safety administration 
        recommendations.--In establishing the clearinghouse, the 
        Secretary shall consider--
                    ``(A) the findings and recommendations contained in 
                the Federal Motor Carrier Safety Administration's March 
                2004 report to Congress required under section 226 of 
                the Motor Carrier Safety Improvement Act of 1999 (49 
                U.S.C. 31306 note); and
                    ``(B) the findings and recommendations contained in 
                the Government Accountability Office's May 2008 report 
                to Congress entitled `Motor Carrier Safety: 
                Improvements to Drug Testing Programs Could Better 
                Identify Illegal Drug Users and Keep Them off the 
                Road.'.
            ``(2) Development of secure processes.--In establishing the 
        clearinghouse, the Secretary shall develop a secure process 
        for--
                    ``(A) administering and managing the clearinghouse 
                in compliance with applicable Federal security 
                standards;
                    ``(B) registering and authenticating authorized 
                users of the clearinghouse;
                    ``(C) registering and authenticating persons 
                required to report to the clearinghouse under 
                subsection (g);
                    ``(D) preventing the unauthorized access of 
                information from the clearinghouse;
                    ``(E) storing and transmitting data;
                    ``(F) persons required to report to the 
                clearinghouse under subsection (g) to timely and 
                accurately submit electronic data to the clearinghouse;
                    ``(G) generating timely and accurate reports from 
                the clearinghouse in response to requests for 
                information by authorized users; and
                    ``(H) updating an individual's record upon 
                completion of the return-to-duty process described in 
                title 49, Code of Federal Regulations.
            ``(3) Employer alert of positive test result.--In 
        establishing the clearinghouse, the Secretary shall develop a 
        secure method for electronically notifying an employer of each 
        additional positive test result or other noncompliance--
                    ``(A) for an employee, that is entered into the 
                clearinghouse during the 7-day period immediately 
                following an employer's inquiry about the employee; and
                    ``(B) for an employee who is listed as having 
                multiple employers.
            ``(4) Archive capability.--In establishing the 
        clearinghouse, the Secretary shall develop a process for 
        archiving all clearinghouse records, including the depositing 
        of personal records, records relating to each individual in the 
        database, and access requests for personal records, for the 
        purposes of--
                    ``(A) auditing and evaluating the timeliness, 
                accuracy, and completeness of data in the 
                clearinghouse; and
                    ``(B) auditing to monitor compliance and enforce 
                penalties for noncompliance.
            ``(5) Future needs.--
                    ``(A) Interoperability with other data systems.--In 
                establishing the clearinghouse, the Secretary shall 
                consider--
                            ``(i) the existing data systems containing 
                        regulatory and safety data for commercial motor 
                        vehicle operators;
                            ``(ii) the efficacy of using or combining 
                        clearinghouse data with 1 or more of such 
                        systems; and
                            ``(iii) the potential interoperability of 
                        the clearinghouse with such systems.
                    ``(B) Specific considerations.--In carrying out 
                subparagraph (A), the Secretary shall determine--
                            ``(i) the clearinghouse's capability for 
                        interoperability with--
                                    ``(I) the National Driver Register 
                                established under section 30302;
                                    ``(II) the Commercial Driver's 
                                License Information System established 
                                under section 31309;
                                    ``(III) the Motor Carrier 
                                Management Information System for 
                                preemployment screening services under 
                                section 31150; and
                                    ``(IV) other data systems, as 
                                appropriate; and
                            ``(ii) any change to the administration of 
                        the current testing program, such as forms, 
                        that is necessary to collect data for the 
                        clearinghouse.
    ``(c) Standard Formats.--The Secretary shall develop standard 
formats to be used--
            ``(1) by an authorized user of the clearinghouse to--
                    ``(A) request a record from the clearinghouse; and
                    ``(B) obtain the consent of an individual who is 
                the subject of a request from the clearinghouse, if 
                applicable; and
            ``(2) to notify an individual that a positive alcohol or 
        controlled substances test result, refusing to test, and a 
        violation of any of the prohibitions under subpart B of part 
        382 of title 49, Code of Federal Regulations (or any subsequent 
        corresponding regulations), will be reported to the 
        clearinghouse.
    ``(d) Privacy.--A release of information from the clearinghouse 
shall--
            ``(1) comply with applicable Federal privacy laws, 
        including the fair information practices under the Privacy Act 
        of 1974 (5 U.S.C. 552a);
            ``(2) comply with applicable sections of the Fair Credit 
        Reporting Act (15 U.S.C. 1681 et seq.); and
            ``(3) not be made to any person or entity unless expressly 
        authorized or required by law.
    ``(e) Fees.--
            ``(1) Authority to collect fees.--Except as provided under 
        paragraph (3), the Secretary may collect a reasonable, 
        customary, and nominal fee from an authorized user of the 
        clearinghouse for a request for information from the 
        clearinghouse.
            ``(2) Use of fees.--Fees collected under this subsection 
        shall be used for the operation and maintenance of the 
        clearinghouse.
            ``(3) Limitation.--The Secretary may not collect a fee from 
        an individual requesting information from the clearinghouse 
        that pertains to the record of that individual.
    ``(f) Employer Requirements.--
            ``(1) Determination concerning use of clearinghouse.--The 
        Secretary shall determine if an employer is authorized to use 
        the clearinghouse to meet the alcohol and controlled substances 
        testing requirements under title 49, Code of Federal 
        Regulations.
            ``(2) Applicability of existing requirements.--Each 
        employer and service agent shall comply with the alcohol and 
        controlled substances testing requirements under title 49, Code 
        of Federal Regulations.
            ``(3) Employment prohibitions.--Beginning 30 days after the 
        date that the clearinghouse is established under subsection 
        (a), an employer shall not hire an individual to operate a 
        commercial motor vehicle unless the employer determines that 
        the individual, during the preceding 3-year period--
                    ``(A) if tested for the use of alcohol and 
                controlled substances, as required under title 49, Code 
                of Federal Regulations--
                            ``(i) did not test positive for the use of 
                        alcohol or controlled substances in violation 
                        of the regulations; or
                            ``(ii) tested positive for the use of 
                        alcohol or controlled substances and completed 
                        the required return-to-duty process under title 
                        49, Code of Federal Regulations;
                    ``(B)(i) did not refuse to take an alcohol or 
                controlled substance test under title 49, Code of 
                Federal Regulations; or
                            ``(ii) refused to take an alcohol or 
                        controlled substance test and completed the 
                        required return-to-duty process under title 49, 
                        Code of Federal Regulations; and
                    ``(C) did not violate any other provision of 
                subpart B of part 382 of title 49, Code of Federal 
                Regulations (or any subsequent corresponding 
                regulations).
            ``(4) Annual review.--Beginning 30 days after the date that 
        the clearinghouse is established under subsection (a), an 
        employer shall request and review a commercial motor vehicle 
        operator's record from the clearinghouse annually for as long 
        as the commercial motor vehicle operator is under the employ of 
        the employer.
    ``(g) Reporting of Records.--
            ``(1) In general.--Beginning 30 days after the date that 
        the clearinghouse is established under subsection (a), a 
        medical review officer, employer, service agent, and other 
        appropriate person, as determined by the Secretary, shall 
        promptly submit to the Secretary any record generated after the 
        clearinghouse is initiated of an individual who--
                    ``(A) refuses to take an alcohol or controlled 
                substances test required under title 49, Code of 
                Federal Regulations;
                    ``(B) tests positive for alcohol or a controlled 
                substance in violation of the regulations; or
                    ``(C) violates any other provision of subpart B of 
                part 382 of title 49, Code of Federal Regulations (or 
                any subsequent corresponding regulations).
            ``(2) Inclusion of records in clearinghouse.--The Secretary 
        shall include in the clearinghouse the records of positive test 
        results and test refusals received under paragraph (1).
            ``(3) Modifications and deletions.--If the Secretary 
        determines that a record contained in the clearinghouse is not 
        accurate, the Secretary shall modify or delete the record, as 
        appropriate.
            ``(4) Notification.--The Secretary shall expeditiously 
        notify an individual, unless such notification would be 
        duplicative, when--
                    ``(A) a record relating to the individual is 
                received by the clearinghouse;
                    ``(B) a record in the clearinghouse relating to the 
                individual is modified or deleted, and include in the 
                notification the reason for the modification or 
                deletion; or
                    ``(C) a record in the clearinghouse relating to the 
                individual is released to an employer and specify the 
                reason for the release.
            ``(5) Data quality and security standards for reporting and 
        releasing.--The Secretary may establish additional 
        requirements, as appropriate, to ensure that--
                    ``(A) the submission of records to the 
                clearinghouse is timely and accurate;
                    ``(B) the release of data from the clearinghouse is 
                timely, accurate, and released to the appropriate 
                authorized user under this section; and
                    ``(C) an individual with a record in the 
                clearinghouse has a cause of action for any 
                inappropriate use of information included in the 
                clearinghouse.
            ``(6) Retention of records.--The Secretary shall--
                    ``(A) retain a record submitted to the 
                clearinghouse for a 5-year period beginning on the date 
                the record is submitted;
                    ``(B) remove the record from the clearinghouse at 
                the end of the 5-year period, unless the individual 
                fails to meet a return-to-duty or follow-up requirement 
                under title 49, Code of Federal Regulations; and
                    ``(C) retain a record after the end of the 5-year 
                period in a separate location for archiving and 
                auditing purposes.
    ``(h) Authorized Users.--
            ``(1) Employers.--The Secretary shall establish a process 
        for an employer to request and receive an individual's record 
        from the clearinghouse.
                    ``(A) Consent.--An employer may not access an 
                individual's record from the clearinghouse unless the 
                employer--
                            ``(i) obtains the prior written or 
                        electronic consent of the individual for access 
                        to the record; and
                            ``(ii) submits proof of the individual's 
                        consent to the Secretary.
                    ``(B) Access to records.--After receiving a request 
                from an employer for an individual's record under 
                subparagraph (A), the Secretary shall grant access to 
                the individual's record to the employer as 
                expeditiously as practicable.
                    ``(C) Retention of record requests.--The Secretary 
                shall require an employer to retain for a 3-year 
                period--
                            ``(i) a record of each request made by the 
                        employer for records from the clearinghouse; 
                        and
                            ``(ii) the information received pursuant to 
                        the request.
                    ``(D) Use of records.--An employer may use an 
                individual's record received from the clearinghouse 
                only to assess and evaluate the qualifications of the 
                individual to operate a commercial motor vehicle for 
                the employer.
                    ``(E) Protection of privacy of individuals.--An 
                employer that receives an individual's record from the 
                clearinghouse under subparagraph (B) shall--
                            ``(i) protect the privacy of the individual 
                        and the confidentiality of the record; and
                            ``(ii) ensure that information contained in 
                        the record is not divulged to a person or 
                        entity that is not directly involved in 
                        assessing and evaluating the qualifications of 
                        the individual to operate a commercial motor 
                        vehicle for the employer.
            ``(2) State licensing authorities.--The Secretary shall 
        establish a process for the chief commercial driver's licensing 
        official of a State to request and receive an individual's 
        record from the clearinghouse if the individual is applying for 
        a commercial driver's license from the State.
                    ``(A) Consent.--The Secretary may grant access to 
                an individual's record in the clearinghouse under this 
                paragraph without the prior written or electronic 
                consent of the individual. An individual who holds a 
                commercial driver's license shall be deemed to consent 
                to such access by obtaining a commercial driver's 
                license.
                    ``(B) Protection of privacy of individuals.--A 
                chief commercial driver's licensing official of a State 
                that receives an individual's record from the 
                clearinghouse under this paragraph shall--
                            ``(i) protect the privacy of the individual 
                        and the confidentiality of the record; and
                            ``(ii) ensure that the information in the 
                        record is not divulged to any person that is 
                        not directly involved in assessing and 
                        evaluating the qualifications of the individual 
                        to operate a commercial motor vehicle.
            ``(3) National transportation safety board.--The Secretary 
        shall establish a process for the National Transportation 
        Safety Board to request and receive an individual's record from 
        the clearinghouse if the individual is involved in an accident 
        that is under investigation by the National Transportation 
        Safety Board.
                    ``(A) Consent.--The Secretary may grant access to 
                an individual's record in the clearinghouse under this 
                paragraph without the prior written or electronic 
                consent of the individual. An individual who holds a 
                commercial driver's license shall be deemed to consent 
                to such access by obtaining a commercial driver's 
                license.
                    ``(B) Protection of privacy of individuals.--An 
                official of the National Transportation Safety Board 
                that receives an individual's record from the 
                clearinghouse under this paragraph shall--
                            ``(i) protect the privacy of the individual 
                        and the confidentiality of the record; and
                            ``(ii) unless the official determines that 
                        the information in the individual's record 
                        should be reported under section 1131(e), 
                        ensure that the information in the record is 
                        not divulged to any person that is not directly 
                        involved with investigating the accident.
            ``(4) Additional authorized users.--The Secretary shall 
        consider whether to grant access to the clearinghouse to 
        additional users. The Secretary may authorize access to an 
        individual's record from the clearinghouse to an additional 
        user if the Secretary determines that granting access will 
        further the purposes under subsection (a)(2). In determining 
        whether the access will further the purposes under subsection 
        (a)(2), the Secretary shall consider, among other things--
                    ``(A) what use the additional user will make of the 
                individual's record;
                    ``(B) the costs and benefits of the use; and
                    ``(C) how to protect the privacy of the individual 
                and the confidentiality of the record.
    ``(i) Access to Clearinghouse by Individuals.--
            ``(1) In general.--The Secretary shall establish a process 
        for an individual to request and receive information from the 
        clearinghouse--
                    ``(A) to determine whether the clearinghouse 
                contains a record pertaining to the individual;
                    ``(B) to verify the accuracy of a record;
                    ``(C) to update an individual's record, including 
                completing the return-to-duty process described in 
                title 49, Code of Federal Regulations; and
                    ``(D) to determine whether the clearinghouse 
                received requests for the individual's information.
            ``(2) Dispute procedure.--The Secretary shall establish a 
        procedure, including an appeal process, for an individual to 
        dispute and remedy an administrative error in the individual's 
        record.
    ``(j) Penalties.--
            ``(1) In general.--An employer, employee, medical review 
        officer, or service agent who violates any provision of this 
        section shall be subject to civil penalties under section 
        521(b)(2)(C) and criminal penalties under section 521(b)(6)(B), 
        and any other applicable civil and criminal penalties, as 
        determined by the Secretary.
            ``(2) Violation of privacy.--The Secretary shall establish 
        civil and criminal penalties, consistent with paragraph (1), 
        for an authorized user who violates paragraph (2)(B) or (3)(B) 
        of subsection (h).
    ``(k) Compatibility of State and Local Laws.--
            ``(1) Preemption.--Except as provided under paragraph (2), 
        any law, regulation, order, or other requirement of a State, 
        political subdivision of a State, or Indian tribe related to a 
        commercial driver's license holder subject to alcohol or 
        controlled substance testing under title 49, Code of Federal 
        Regulations, that is inconsistent with this section or a 
        regulation issued pursuant to this section is preempted.
            ``(2) Applicability.--The preemption under paragraph (1) 
        shall include--
                    ``(A) the reporting of valid positive results from 
                alcohol screening tests and drug tests;
                    ``(B) the refusal to provide a specimen for an 
                alcohol screening test or drug test; and
                    ``(C) other violations of subpart B of part 382 of 
                title 49, Code of Federal Regulations (or any 
                subsequent corresponding regulations).
            ``(3) Exception.--A law, regulation, order, or other 
        requirement of a State, political subdivision of a State, or 
        Indian tribe shall not be preempted under this subsection to 
        the extent it relates to an action taken with respect to a 
        commercial motor vehicle operator's commercial driver's license 
        or driving record as a result of the driver's--
                    ``(A) verified positive alcohol or drug test 
                result;
                    ``(B) refusal to provide a specimen for the test; 
                or
                    ``(C) other violations of subpart B of part 382 of 
                title 49, Code of Federal Regulations (or any 
                subsequent corresponding regulations).
    ``(l) Definitions.--In this section--
            ``(1) Authorized user.--The term `authorized user' means an 
        employer, State licensing authority, National Transportation 
        Safety Board, or other person granted access to the 
        clearinghouse under subsection (h).
            ``(2) Chief commercial driver's licensing official.--The 
        term `chief commercial driver's licensing official' means the 
        official in a State who is authorized to--
                    ``(A) maintain a record about commercial driver's 
                licenses issued by the State; and
                    ``(B) take action on commercial driver's licenses 
                issued by the State.
            ``(3) Clearinghouse.--The term `clearinghouse' means the 
        clearinghouse established under subsection (a).
            ``(4) Commercial motor vehicle operator.--The term 
        `commercial motor vehicle operator' means an individual who--
                    ``(A) possesses a valid commercial driver's license 
                issued in accordance with section 31308; and
                    ``(B) is subject to controlled substances and 
                alcohol testing under title 49, Code of Federal 
                Regulations.
            ``(5) Employer.--The term `employer' means a person or 
        entity employing, or seeking to employ, 1 or more employees 
        (including an individual who is self-employed) to be commercial 
        motor vehicle operators.
            ``(6) Medical review officer.--The term `medical review 
        officer' means a licensed physician who is responsible for--
                    ``(A) receiving and reviewing a laboratory result 
                generated under the testing program;
                    ``(B) evaluating a medical explanation for a 
                controlled substances test under title 49, Code of 
                Federal Regulations; and
                    ``(C) interpreting the results of a controlled 
                substances test.
            ``(7) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
            ``(8) Service agent.--The term `service agent' means a 
        person or entity, other than an employee of the employer, who 
        provides services to employers or employees under the testing 
        program.
            ``(9) Testing program.--The term `testing program' means 
        the alcohol and controlled substances testing program required 
        under title 49, Code of Federal Regulations.''.
    (b) Conforming Amendment.--The analysis for chapter 313 is amended 
by inserting after the item relating to section 31306 the following:

``31306a. National clearinghouse for positive controlled substance and 
                            alcohol test results of commercial motor 
                            vehicle operators.''.

SEC. 32403. DRUG AND ALCOHOL VIOLATION SANCTIONS.

    Chapter 313 is amended--
            (1) by redesignating section 31306(f) as 31306(f)(1); and
            (2) by inserting after section 31306(f)(1) the following:
            ``(2) Additional sanctions.--The Secretary may require a 
        State to revoke, suspend, or cancel the commercial driver's 
        license of a commercial motor vehicle operator who is found, 
        based on a test conducted and confirmed under this section, to 
        have used alcohol or a controlled substance in violation of law 
        until the commercial motor vehicle operator completes the 
        rehabilitation process under subsection (e).''; and
            (3) by amending section 31310(d) to read as follows:
    ``(d) Controlled Substance Violations.--The Secretary may 
permanently disqualify an individual from operating a commercial 
vehicle if the individual--
            ``(1) uses a commercial motor vehicle in the commission of 
        a felony involving manufacturing, distributing, or dispensing a 
        controlled substance, or possession with intent to manufacture, 
        distribute, or dispense a controlled substance; or
            ``(2) uses alcohol or a controlled substance, in violation 
        of section 31306, 3 or more times.''.

SEC. 32404. AUTHORIZATION OF APPROPRIATIONS.

    From the funds authorized to be appropriated under section 31104(h) 
of title 49, United States Code, up to $5,000,000 is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to develop, design, and 
implement the national clearinghouse required by section 32402 of this 
Act.

                        Subtitle E--Enforcement

SEC. 32501. INSPECTION DEMAND AND DISPLAY OF CREDENTIALS.

    (a) Safety Investigations.--Section 504(c) is amended--
            (1) by inserting ``, or an employee of the recipient of a 
        grant issued under section 31102 of this title'' after ``a 
        contractor''; and
            (2) by inserting ``, in person or in writing'' after 
        ``proper credentials''.
    (b) Civil Penalty.--Section 521(b)(2)(E) is amended--
            (1) by redesignating subparagraph (E) as subparagraph 
        (E)(i); and
            (2) by adding at the end the following:
                            ``(ii) Place out of service.--The Secretary 
                        may by regulation adopt procedures for placing 
                        out of service the commercial motor vehicle of 
                        a foreign-domiciled motor carrier that fails to 
                        promptly allow the Secretary to inspect and 
                        copy a record or inspect equipment, land, 
                        buildings, or other property.''.
    (c) Hazardous Materials Investigations.--Section 5121(c)(2) is 
amended by inserting ``, in person or in writing,'' after ``proper 
credentials''.
    (d) Commercial Investigations.--Section 14122(b) is amended by 
inserting ``, in person or in writing'' after ``proper credentials''.

SEC. 32502. OUT OF SERVICE PENALTY FOR DENIAL OF ACCESS TO RECORDS.

    Section 521(b)(2)(E) is amended--
            (1) by inserting after ``$10,000.'' the following: ``In the 
        case of a motor carrier, the Secretary may also place the 
        violator's motor carrier operations out of service.''; and
            (2) by striking ``such penalty'' after ``It shall be a 
        defense to'' and inserting ``a penalty''.

SEC. 32503. PENALTIES FOR VIOLATION OF OPERATION OUT OF SERVICE ORDERS.

    Section 521(b)(2) is amended by adding at the end the following:
                    ``(F) Penalty for violations relating to out of 
                service orders.--A motor carrier or employer (as 
                defined in section 31132) that operates a commercial 
                motor vehicle in commerce in violation of a prohibition 
                on transportation under section 31144(c) of this title 
                or an imminent hazard out of service order issued under 
                subsection (b)(5) of this section or section 5121(d) of 
                this title shall be liable for a civil penalty not to 
                exceed $25,000.''.

SEC. 32504. MINIMUM PROHIBITION ON OPERATION FOR UNFIT CARRIERS.

    (a) In General.--Section 31144(c)(1) is amended by inserting ``, 
and such period shall be for not less than 10 days'' after ``operator 
is fit''.
    (b) Owners or Operators Transporting Passengers.--Section 
31144(c)(2) is amended by inserting ``, and such period shall be for 
not less than 10 days'' after ``operator is fit''.
    (c) Owners or Operators Transporting Hazardous Material.--Section 
31144(c)(3) is amended by inserting before the period at the end of the 
first sentence the following: ``, and such period shall be for not less 
than 10 days''.

SEC. 32505. MINIMUM OUT OF SERVICE PENALTIES.

    Section 521(b)(7) is amended by adding at the end the following:
    ``The penalties may include a minimum duration for any out of 
service period, not to exceed 90 days.''.

SEC. 32506. IMPOUNDMENT AND IMMOBILIZATION OF COMMERCIAL MOTOR VEHICLES 
              FOR IMMINENT HAZARD.

    Section 521(b) is amended by adding at the end the following:
            ``(15) Impoundment of commercial motor vehicles.--
                    ``(A) Enforcement of imminent hazard out-of-service 
                orders.--
                            ``(i) The Secretary, or an authorized State 
                        official carrying out motor carrier safety 
                        enforcement activities under section 31102, may 
                        enforce an imminent hazard out-of-service order 
                        issued under chapters 5, 51, 131 through 149, 
                        311, 313, or 315 of this title, or a regulation 
                        promulgated thereunder, by towing and 
                        impounding a commercial motor vehicle until the 
                        order is rescinded.
                            ``(ii) Enforcement shall not unreasonably 
                        interfere with the ability of a shipper, 
                        carrier, broker, or other party to arrange for 
                        the alternative transportation of any cargo or 
                        passenger being transported at the time the 
                        commercial motor vehicle is immobilized. In the 
                        case of a commercial motor vehicle transporting 
                        passengers, the Secretary or authorized State 
                        official shall provide reasonable, temporary, 
                        and secure shelter and accommodations for 
                        passengers in transit.
                            ``(iii) The Secretary's designee or an 
                        authorized State official carrying out motor 
                        carrier safety enforcement activities under 
                        section 31102, shall immediately notify the 
                        owner of a commercial motor vehicle of the 
                        impoundment and the opportunity for review of 
                        the impoundment. A review shall be provided in 
                        accordance with section 554 of title 5, except 
                        that the review shall occur not later than 10 
                        days after the impoundment.
                    ``(B) Issuance of regulations.--The Secretary shall 
                promulgate regulations on the use of impoundment or 
                immobilization of commercial motor vehicles as a means 
                of enforcing additional out-of-service orders issued 
                under chapters 5, 51, 131 through 149, 311, 313, or 315 
                of this title, or a regulation promulgated thereunder. 
                Regulations promulgated under this subparagraph shall 
                include consideration of public safety, the protection 
                of passengers and cargo, inconvenience to passengers, 
                and the security of the commercial motor vehicle.
                    ``(C) Definition.--In this paragraph, the term 
                `impoundment' or 'impounding' means the seizing and 
                taking into custody of a commercial motor vehicle or 
                the immobilizing of a commercial motor vehicle through 
                the attachment of a locking device or other mechanical 
                or electronic means.''.

SEC. 32507. INCREASED PENALTIES FOR EVASION OF REGULATIONS.

    (a) Penalties.--Section 524 is amended--
            (1) by striking ``knowingly and willfully'';
            (2) by inserting after ``this chapter'' the following: ``, 
        chapter 51, subchapter III of chapter 311 (except sections 
        31138 and 31139) or section 31302, 31303, 31304, 31305(b), 
        31310(g)(1)(A), or 31502 of this title, or a regulation issued 
        under any of those provisions,'';
            (3) by striking ``$200 but not more than $500'' and 
        inserting ``$2,000 but not more than $5,000''; and
            (4) by striking ``$250 but not more than $2,000'' and 
        inserting ``$2,500 but not more than $7,500''.
    (b) Evasion of Regulation.--Section 14906 is amended--
            (1) by striking ``$200'' and inserting ``at least $2,000'';
            (2) by striking ``$250'' and inserting ``$5,000''; and
            (3) by inserting after ``a subsequent violation'' the 
        following:
    ``, and may be subject to criminal penalties''.

SEC. 32508. FAILURE TO PAY CIVIL PENALTY AS A DISQUALIFYING OFFENSE.

    (a) In General.--Chapter 311 is amended by inserting after section 
31151 the following:
``Sec. 31152. Disqualification for failure to pay
    ``An individual assessed a civil penalty under this chapter, or 
chapters 5, 51, or 149 of this title, or a regulation issued under any 
of those provisions, who fails to pay the penalty or fails to comply 
with the terms of a settlement with the Secretary, shall be 
disqualified from operating a commercial motor vehicle after the 
individual is notified in writing and is given an opportunity to 
respond. A disqualification shall continue until the penalty is paid, 
or the individual complies with the terms of the settlement, unless the 
nonpayment is because the individual is a debtor in a case under 
chapter 11 of title 11, United States Code.''.
    (b) Technical Amendments.--Section 31310, as amended by sections 
32206 and 32310 of this Act, is amended--
            (1) by redesignating subsections (h) through (k) as 
        subsections (i) through (l), respectively; and
            (2) by inserting after subsection (g) the following:
    ``(h) Disqualification for Failure To Pay.--The Secretary shall 
disqualify from operating a commercial motor vehicle any individual who 
fails to pay a civil penalty within the prescribed period, or fails to 
conform to the terms of a settlement with the Secretary. A 
disqualification shall continue until the penalty is paid, or the 
individual conforms to the terms of the settlement, unless the 
nonpayment is because the individual is a debtor in a case under 
chapter 11 of title 11, United States Code.''; and
            (3) in subsection (i), as redesignated, by striking 
        ``Notwithstanding subsections (b) through (g)'' and inserting 
        ``Notwithstanding subsections (b) through (h)''.
    (c) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item relating to section 31151 the following:

``31152. Disqualification for failure to pay.''.

SEC. 32509. VIOLATIONS RELATING TO COMMERCIAL MOTOR VEHICLE SAFETY 
              REGULATION AND OPERATORS.

    Section 521(b)(2)(D) is amended by striking ``ability to pay,''.

SEC. 32510. EMERGENCY DISQUALIFICATION FOR IMMINENT HAZARD.

    Section 31310(f) is amended--
            (1) in paragraph (1) by inserting ``section 521 or'' before 
        ``section 5102''; and
            (2) in paragraph (2) by inserting ``section 521 or'' before 
        ``section 5102''.

SEC. 32511. INTRASTATE OPERATIONS OF INTERSTATE MOTOR CARRIERS.

    (a) Prohibited Transportation.--Section 521(b)(5) is amended by 
inserting after subparagraph (B) the following:
                    ``(C) If an employee, vehicle, or all or part of an 
                employer's commercial motor vehicle operations is 
                ordered out of service under paragraph (5)(A), the 
                commercial motor vehicle operations of the employee, 
                vehicle, or employer that affect interstate commerce 
                are also prohibited.''.
    (b) Prohibition on Operation in Interstate Commerce After 
Nonpayment of Penalties.--Section 521(b)(8) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Additional prohibition.--A person prohibited 
                from operating in interstate commerce under paragraph 
                (8)(A) may not operate any commercial motor vehicle 
                where the operation affects interstate commerce.''.

SEC. 32512. ENFORCEMENT OF SAFETY LAWS AND REGULATIONS.

    (a) Enforcement of Safety Laws and Regulations.--Chapter 311, as 
amended by sections 32113 and 32508 of this Act, is amended by adding 
after section 31153 the following:
``Sec. 31154. Enforcement of safety laws and regulations
    ``(a) In General.--The Secretary may bring a civil action to 
enforce this part, or a regulation or order of the Secretary under this 
part, when violated by an employer, employee, or other person providing 
transportation or service under this subchapter or subchapter I.
    ``(b) Venue.--In a civil action under subsection (a)--
            ``(1) trial shall be in the judicial district in which the 
        employer, employee, or other person operates;
            ``(2) process may be served without regard to the 
        territorial limits of the district or of the State in which the 
        action is instituted; and
            ``(3) a person participating with a carrier or broker in a 
        violation may be joined in the civil action without regard to 
        the residence of the person.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item relating to section 31153 the following:

``31154. Enforcement of safety laws and regulations.''.

SEC. 32513. DISCLOSURE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES.

    Section 31106(e) is amended--
            (1) by redesignating subsection (e) as subsection (e)(1); 
        and
            (2) by inserting at the end the following:
            ``(2) In general.--Notwithstanding any prohibition on 
        disclosure of information in section 31105(h) or 31143(b) of 
        this title or section 552a of title 5, the Secretary may 
        disclose information maintained by the Secretary pursuant to 
        chapters 51, 135, 311, or 313 of this title to appropriate 
        personnel of a State agency or instrumentality authorized to 
        carry out State commercial motor vehicle safety activities and 
        commercial driver's license laws, or appropriate personnel of a 
        local law enforcement agency, in accordance with standards, 
        conditions, and procedures as determined by the Secretary. 
        Disclosure under this section shall not operate as a waiver by 
        the Secretary of any applicable privilege against disclosure 
        under common law or as a basis for compelling disclosure under 
        section 552 of title 5.''.

SEC. 32514. GRADE CROSSING SAFETY REGULATIONS.

    Section 112(2) of the Hazardous Materials Transportation 
Authorization Act of 1994 (Public Law 103-311) is amended by striking 
``315 of such title (relating to motor carrier safety)'' and inserting 
``311 of such title (relating to commercial motor vehicle safety)''.

             Subtitle F--Compliance, Safety, Accountability

SEC. 32601. COMPLIANCE, SAFETY, ACCOUNTABILITY.

    (a) In General.--Section 31102 is amended--
            (1) by amending the section heading to read:
``Sec. 31102. Compliance, safety, and accountability grants'';
            (2) by amending subsection (a) to read as follows:
    ``(a) General Authority.--Subject to this section, the Secretary of 
Transportation shall make and administer a compliance, safety, and 
accountability grant program to assist States, local governments, and 
other entities and persons with motor carrier safety and enforcement on 
highways and other public roads, new entrant safety audits, border 
enforcement, hazardous materials safety and security, consumer 
protection and household goods enforcement, and other programs and 
activities required to improve the safety of motor carriers as 
determined by the Secretary. The Secretary shall allocate funding in 
accordance with section 31104 of this title.'';
            (3) in subsection (b)--
                    (A) by amending the heading to read as follows:
    ``(b) Motor Carrier Safety Assistance Program.--'';
                    (B) by redesignating paragraphs (1) through (3) as 
                (2) through (4), respectively;
                    (C) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) Program goal.--The goal of the Motor Carrier Safety 
        Assistance Program is to ensure that the Secretary, States, 
        local government agencies, and other political jurisdictions 
        work in partnership to establish programs to improve motor 
        carrier, commercial motor vehicle, and driver safety to support 
        a safe and efficient surface transportation system by--
                    ``(A) making targeted investments to promote safe 
                commercial motor vehicle transportation, including 
                transportation of passengers and hazardous materials;
                    ``(B) investing in activities likely to generate 
                maximum reductions in the number and severity of 
                commercial motor vehicle crashes and fatalities 
                resulting from such crashes;
                    ``(C) adopting and enforcing effective motor 
                carrier, commercial motor vehicle, and driver safety 
                regulations and practices consistent with Federal 
                requirements; and
                    ``(D) assessing and improving statewide performance 
                by setting program goals and meeting performance 
                standards, measures, and benchmarks.'';
                    (D) in paragraph (2), as redesignated--
                            (i) by striking ``make a declaration of'' 
                        in subparagraph (I) and inserting 
                        ``demonstrate'';
                            (ii) by amending subparagraph (M) to read 
                        as follows:
                    ``(M) ensures participation in appropriate Federal 
                Motor Carrier Safety Administration systems and other 
                information systems by all appropriate jurisdictions 
                receiving Motor Carrier Safety Assistance Program 
                funding;'';
                            (iii) in subparagraph (Q), by inserting 
                        ``and dedicated sufficient resources to'' 
                        between ``established'' and ``a program'';
                            (iv) in subparagraph (W), by striking 
                        ``and'' after the semicolon;
                            (v) by amending subparagraph (X) to read as 
                        follows:
                    ``(X) except in the case of an imminent or obvious 
                safety hazard, ensures that an inspection of a vehicle 
                transporting passengers for a motor carrier of 
                passengers is conducted at a station, terminal, border 
                crossing, maintenance facility, destination, weigh 
                station, rest stop, turnpike service area, or a 
                location where adequate food, shelter, and sanitation 
                facilities are available for passengers, and reasonable 
                accommodation is available for passengers with 
                disabilities; and''; and
                            (vi) by adding after subparagraph (X) the 
                        following:
                    ``(Y) ensures that the State will transmit to its 
                roadside inspectors the notice of each Federal 
                exemption granted pursuant to section 31315(b) and 
                provided to the State by the Secretary, including the 
                name of the person granted the exemption and any terms 
                and conditions that apply to the exemption.''; and
                    (E) by amending paragraph (4), as redesignated, to 
                read as follows:
            ``(4) Maintenance of effort.--
                    ``(A) In general.--A plan submitted by a State 
                under paragraph (2) shall provide that the total 
                expenditure of amounts of the lead State agency 
                responsible for implementing the plan will be 
                maintained at a level at least equal to the average 
                level of that expenditure for fiscal years 2004 and 
                2005.
                    ``(B) Average level of state expenditures.--In 
                estimating the average level of State expenditure under 
                subparagraph (A), the Secretary--
                            ``(i) may allow the State to exclude State 
                        expenditures for Government-sponsored 
                        demonstration or pilot programs; and
                            ``(ii) shall require the State to exclude 
                        State matching amounts used to receive 
                        Government financing under this subsection.
                    ``(C) Waiver.--Upon the request of a State, the 
                Secretary may waive or modify the requirements of this 
                paragraph for 1 fiscal year, if the Secretary 
                determines that a waiver is equitable due to 
                exceptional or uncontrollable circumstances, such as a 
                natural disaster or a serious decline in the financial 
                resources of the State motor carrier safety assistance 
                program agency.'';
            (4) by redesignating subsection (e) as subsection (h); and
            (5) by inserting after subsection (d) the following:
    ``(e) New Entrant Safety Assurance Program.--
            ``(1) Program goal.--The Secretary may make grants to 
        States and local governments for pre-authorization safety 
        audits and new entrant motor carrier audits as described in 
        section 31144(g).
            ``(2) Recipients.--Grants made in support of this program 
        may be provided to States and local governments.
            ``(3) Federal share.--The Federal share of a grant made 
        under this program is 100 percent.
            ``(4) Eligible activities.--Eligible activities will be in 
        accordance with criteria developed by the Secretary and posted 
        in the Federal Register in advance of the grant application 
        period.
            ``(5) Determination.--If the Secretary determines that a 
        State or local government is unable to conduct a new entrant 
        motor carrier audit, the Secretary may use the funds to conduct 
        the audit.
    ``(f) Border Enforcement.--
            ``(1) Program goal.--The Secretary of Transportation may 
        make a grant for carrying out border commercial motor vehicle 
        safety programs and related enforcement activities and 
        projects.
            ``(2) Recipients.--The Secretary of Transportation may make 
        a grant to an entity, State, or other person for carrying out 
        border commercial motor vehicle safety programs and related 
        enforcement activities and projects.
            ``(3) Federal share.--The Secretary shall reimburse a 
        grantee at least 100 percent of the costs incurred in a fiscal 
        year for carrying out border commercial motor vehicle safety 
        programs and related enforcement activities and projects.
            ``(4) Eligible activities.--An eligible activity will be in 
        accordance with criteria developed by the Secretary and posted 
        in the Federal Register in advance of the grant application 
        period.
    ``(g) High Priority Initiatives.--
            ``(1) Program goal.--The Secretary may make grants to carry 
        out high priority activities and projects that improve 
        commercial motor vehicle safety and compliance with commercial 
        motor vehicle safety regulations, including activities and 
        projects that--
                    ``(A) are national in scope;
                    ``(B) increase public awareness and education;
                    ``(C) target unsafe driving of commercial motor 
                vehicles and non-commercial motor vehicles in areas 
                identified as high risk crash corridors;
                    ``(D) improve consumer protection and enforcement 
                of household goods regulations;
                    ``(E) improve the movement of hazardous materials 
                safely and securely, including activities related to 
                the establishment of uniform forms and application 
                procedures that improve the accuracy, timeliness, and 
                completeness of commercial motor vehicle safety data 
                reported to the Secretary; or
                    ``(F) demonstrate new technologies to improve 
                commercial motor vehicle safety.
            ``(2) Recipients.--The Secretary may allocate amounts to 
        award grants to State agencies, local governments, and other 
        persons for carrying out high priority activities and projects 
        that improve commercial motor vehicle safety and compliance 
        with commercial motor vehicle safety regulations in accordance 
        with the program goals specified in paragraph (1).
            ``(3) Federal share.--The Secretary shall reimburse a 
        grantee at least 80 percent of the costs incurred in a fiscal 
        year for carrying out the high priority activities or projects.
            ``(4) Eligible activities.--An eligible activity will be in 
        accordance with criteria that is--
                    ``(A) developed by the Secretary; and
                    ``(B) posted in the Federal Register in advance of 
                the grant application period.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by striking the item relating to section 31102 and inserting the 
following:

``31102. Compliance, safety, and accountability grants.''.

SEC. 32602. PERFORMANCE AND REGISTRATION INFORMATION SYSTEMS MANAGEMENT 
              PROGRAM.

    Section 31106(b) is amended--
            (1) by amending paragraph (3)(C) to read as follows--
                    ``(C) establish and implement a process--
                            ``(i) to cancel the motor vehicle 
                        registration and seize the registration plates 
                        of a vehicle when an employer is found liable 
                        under section 31310(j)(2)(C) for knowingly 
                        allowing or requiring an employee to operate 
                        such a commercial motor vehicle in violation of 
                        an out-of-service order; and
                            ``(ii) to reinstate the vehicle 
                        registration or return the registration plates 
                        of the commercial motor vehicle, subject to 
                        sanctions under clause (i), if the Secretary 
                        permits such carrier to resume operations after 
                        the date of issuance of such order.''; and
            (2) by striking paragraph (4).

SEC. 32603. COMMERCIAL MOTOR VEHICLE DEFINED.

    Section 31101(1) is amended to read as follows:
            ``(1) `commercial motor vehicle' means (except under 
        section 31106) a self-propelled or towed vehicle used on the 
        highways in commerce to transport passengers or property, if 
        the vehicle--
                    ``(A) has a gross vehicle weight rating or gross 
                vehicle weight of at least 10,001 pounds, whichever is 
                greater;
                    ``(B) is designed or used to transport more than 8 
                passengers, including the driver, for compensation;
                    ``(C) is designed or used to transport more than 15 
                passengers, including the driver, and is not used to 
                transport passengers for compensation; or
                    ``(D) is used in transporting material found by the 
                Secretary of Transportation to be hazardous under 
                section 5103 and transported in a quantity requiring 
                placarding under regulations prescribed by the 
                Secretary under section 5103.''.

SEC. 32604. DRIVER SAFETY FITNESS RATINGS.

    Section 31144, as amended by section 32204 of this Act, is amended 
by adding at the end the following:
    ``(i) Commercial Motor Vehicle Drivers.--The Secretary may maintain 
by regulation a procedure for determining the safety fitness of a 
commercial motor vehicle driver and for prohibiting the driver from 
operating in interstate commerce. The procedure and prohibition shall 
include the following:
            ``(1) Specific initial and continuing requirements that a 
        driver must comply with to demonstrate safety fitness.
            ``(2) The methodology and continually updated safety 
        performance data that the Secretary will use to determine 
        whether a driver is fit, including inspection results, serious 
        traffic offenses, and crash involvement data.
            ``(3) Specific time frames within which the Secretary will 
        determine whether a driver is fit.
            ``(4) A prohibition period or periods, not to exceed 1 
        year, that a driver that the Secretary determines is not fit 
        will be prohibited from operating a commercial motor vehicle in 
        interstate commerce. The period or periods shall begin on the 
        46th day after the date of the fitness determination and 
        continue until the Secretary determines the driver is fit or 
        until the prohibition period expires.
            ``(5) A review by the Secretary, not later than 30 days 
        after an unfit driver requests a review, of the driver's 
        compliance with the requirements the driver failed to comply 
        with and that resulted in the Secretary determining that the 
        driver was not fit. The burden of proof shall be on the driver 
        to demonstrate fitness.
            ``(6) The eligibility criteria for reinstatement, including 
        the remedial measures the unfit driver must take for 
        reinstatement.''.

SEC. 32605. UNIFORM ELECTRONIC CLEARANCE FOR COMMERCIAL MOTOR VEHICLE 
              INSPECTIONS.

    (a) In General.--Chapter 311 is amended by adding after section 
31109 the following:
``Sec. 31110. Withholding amounts for State noncompliance
    ``(a) First Fiscal Year.--Subject to criteria established by the 
Secretary of Transportation, the Secretary may withhold up to 50 
percent of the amount a State is otherwise eligible to receive under 
section 31102(b) on the first day of the fiscal year after the first 
fiscal year following the date of enactment of the Commercial Motor 
Vehicle Safety Enhancement Act of 2012 in which the State uses for at 
least 180 days an electronic commercial motor vehicle inspection 
selection system that does not employ a selection methodology approved 
by the Secretary.
    ``(b) Second Fiscal Year.--The Secretary shall withhold up to 75 
percent of the amount a State is otherwise eligible to receive under 
section 31102(b) on the first day of the fiscal year after the second 
fiscal year following the date of enactment of the Commercial Motor 
Vehicle Safety Enhancement Act of 2012 in which the State uses for at 
least 180 days an electronic commercial motor vehicle inspection 
selection system that does not employ a selection methodology approved 
by the Secretary.
    ``(c) Subsequent Availability of Withheld Funds.--The Secretary may 
make the amounts withheld under subsection (a) or subsection (b) 
available to the State if the Secretary determines that the State has 
substantially complied with the requirement described under subsection 
(a) or subsection (b) not later than 180 days after the beginning of 
the fiscal year in which amounts were withheld.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by inserting after the item relating to section 31109 the following:

``31110. Withholding amounts for State noncompliance.''.

SEC. 32606. AUTHORIZATION OF APPROPRIATIONS.

    Section 31104 is amended to read as follows:
``Sec. 31104. Availability of amounts
    ``(a) In General.--There are authorized to be appropriated from 
Highway Trust Fund (other than the Mass Transit Account) for Federal 
Motor Carrier Safety Administration programs the following:
            ``(1) Compliance, safety, and accountability grants under 
        section 31102.--
                    ``(A) $249,717,000 for fiscal year 2012, provided 
                that the Secretary shall set aside not less than 
                $168,388,000 to carry out the motor carrier safety 
                assistance program under section 31102(b); and
                    ``(B) $253,814,000 for fiscal year 2013, provided 
                that the Secretary shall set aside not less than 
                $171,813,000 to carry out the motor carrier safety 
                assistance program under section 31102(b).
            ``(2) Data and technology grants under section 31109.--
                    ``(A) $30,000,000 for fiscal year 2012; and
                    ``(B) $30,000,000 for fiscal year 2013.
            ``(3) Driver safety grants under section 31313.--
                    ``(A) $31,000,000 for fiscal year 2012; and
                    ``(B) $31,000,000 for fiscal year 2013.
            ``(4) Criteria.--The Secretary shall develop criteria to 
        allocate the remaining funds under paragraphs (1), (2), and (3) 
        for fiscal year 2013 and for each fiscal year thereafter not 
        later than April 1 of the prior fiscal year.
    ``(b) Availability and Reallocation of Amounts.--
            ``(1) Allocations and reallocations.--Amounts made 
        available under subsection (a)(1) remain available until 
        expended. Allocations to a State remain available for 
        expenditure in the State for the fiscal year in which they are 
        allocated and for the next fiscal year. Amounts not expended by 
        a State during those 2 fiscal years are released to the 
        Secretary for reallocation.
            ``(2) Redistribution of amounts.--The Secretary may, after 
        August 1 of each fiscal year, upon a determination that a State 
        does not qualify for funding under section 31102(b) or that the 
        State will not expend all of its existing funding, reallocate 
        the State's funding. In revising the allocation and 
        redistributing the amounts, the Secretary shall give preference 
        to those States that require additional funding to meet program 
        goals under section 31102(b).
            ``(3) Period of availability for data and technology 
        grants.--Amounts made available under subsection (a)(2) remain 
        available for obligation for the fiscal year and the next 2 
        years in which they are appropriated. Allocations remain 
        available for expenditure in the State for 5 fiscal years after 
        they were obligated. Amounts not expended by a State during 
        those 3 fiscal years are released to the Secretary for 
        reallocation.
            ``(4) Period of availability for driver safety grants.--
        Amounts made available under subsection (a)(3) of this section 
        remain available for obligation for the fiscal year and the 
        next fiscal year in which they are appropriated. Allocations to 
        a State remain available for expenditure in the State for the 
        fiscal year in which they are allocated and for the following 2 
        fiscal years. Amounts not expended by a State during those 3 
        fiscal years are released to the Secretary for reallocation.
            ``(5) Reallocation.--The Secretary, upon a request by a 
        State, may reallocate grant funds previously awarded to the 
        State under a grant program authorized by section 31102, 31109, 
        or 31313 to another grant program authorized by those sections 
        upon a showing by the State that it is unable to expend the 
        funds within the 12 months prior to their expiration provided 
        that the State agrees to expend the funds within the remaining 
        period of expenditure.
    ``(c) Grants as Contractual Obligations.--Approval by the Secretary 
of a grant under sections 31102, 31109, and 31313 is a contractual 
obligation of the Government for payment of the Government's share of 
costs incurred in developing and implementing programs to improve 
commercial motor vehicle safety and enforce commercial driver's license 
regulations, standards, and orders.
    ``(d) Deduction for Administrative Expenses.--
            ``(1) In general.--On October 1 of each fiscal year or as 
        soon after that as practicable, the Secretary may deduct, from 
        amounts made available under--
                    ``(A) subsection (a)(1) for that fiscal year, not 
                more than 1.5 percent of those amounts for 
                administrative expenses incurred in carrying out 
                section 31102 in that fiscal year;
                    ``(B) subsection (a)(2) for that fiscal year, not 
                more than 1.4 percent of those amounts for 
                administrative expenses incurred in carrying out 
                section 31109 in that fiscal year; and
                    ``(C) subsection (a)(3) for that fiscal year, not 
                more than 1.4 percent of those amounts for 
                administrative expenses incurred in carrying out 
                section 31313 in that fiscal year.
            ``(2) Training.--The Secretary may use at least 50 percent 
        of the amounts deducted from the amounts made available under 
        sections (a)(1) and (a)(3) to train non-Government employees 
        and to develop related training materials to carry out sections 
        31102, 31311, and 31313 of this title.
            ``(3) Contracts.--The Secretary may use amounts deducted 
        under paragraph (1) to enter into contracts and cooperative 
        agreements with States, local governments, associations, 
        institutions, corporations, and other persons, if the Secretary 
        determines the contracts and cooperative agreements are cost-
        effective, benefit multiple jurisdictions of the United States, 
        and enhance safety programs and related enforcement activities.
    ``(e) Allocation Criteria and Eligibility.--
            ``(1) On October 1 of each fiscal year or as soon as 
        practicable after that date after making the deduction under 
        subsection (d)(1)(A), the Secretary shall allocate amounts made 
        available to carry out section 31102(b) for such fiscal year 
        among the States with plans approved under that section. 
        Allocation shall be made under the criteria prescribed by the 
        Secretary.
            ``(2) On October 1 of each fiscal year or as soon as 
        practicable after that date and after making the deduction 
        under subsection (d)(1)(B) or (d)(1)(C), the Secretary shall 
        allocate amounts made available to carry out sections 31109(a) 
        and 31313(b)(1).
    ``(f) Intrastate Compatibility.--The Secretary shall prescribe 
regulations specifying tolerance guidelines and standards for ensuring 
compatibility of intrastate commercial motor vehicle safety laws and 
regulations with Government motor carrier safety regulations to be 
enforced under section 31102(b). To the extent practicable, the 
guidelines and standards shall allow for maximum flexibility while 
ensuring a degree of uniformity that will not diminish transportation 
safety. In reviewing State plans and allocating amounts or making 
grants under section 153 of title 23, United States Code, the Secretary 
shall ensure that the guidelines and standards are applied uniformly.
    ``(g) Withholding Amounts for State Noncompliance.--
            ``(1) In general.--Subject to criteria established by the 
        Secretary, the Secretary may withhold up to 100 percent of the 
        amounts a State is otherwise eligible to receive under section 
        31102(b) on October 1 of each fiscal year beginning after the 
        date of enactment of the Commercial Motor Vehicle Safety 
        Enhancement Act of 2012 and continuing for the period that the 
        State does not comply substantially with a requirement under 
        section 31109(b).
            ``(2) Subsequent availability of withheld funds.--The 
        Secretary may make the amounts withheld in accordance with 
        paragraph (1) available to a State if the Secretary determines 
        that the State has substantially complied with a requirement 
        under section 31109(b) not later than 180 days after the 
        beginning of the fiscal year in which the amounts are withheld.
    ``(h) Administrative Expenses.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust Fund 
        (other than the Mass Transit Account) for the Secretary to pay 
        administrative expenses of the Federal Motor Carrier Safety 
        Administration--
                    ``(A) $250,819,000 for fiscal year 2012; and
                    ``(B) $248,523,000 for fiscal year 2013.
            ``(2) Use of funds.--The funds authorized by this 
        subsection shall be used for personnel costs, administrative 
        infrastructure, rent, information technology, programs for 
        research and technology, information management, regulatory 
        development, the administration of the performance and 
        registration information system management, outreach and 
        education, other operating expenses, and such other expenses as 
        may from time to time be necessary to implement statutory 
        mandates of the Administration not funded from other sources.
    ``(i) Availability of Funds.--
            ``(1) Period of availability.--The amounts made available 
        under this section shall remain available until expended.
            ``(2) Initial date of availability.--Authorizations from 
        the Highway Trust Fund (other than the Mass Transit Account) 
        for this section shall be available for obligation on the date 
        of their apportionment or allocation or on October 1 of the 
        fiscal year for which they are authorized, whichever occurs 
        first.''
    ``(j) Payment to Recipients of Financial Assistance for Costs.--
Each grantee shall submit vouchers to the Secretary for costs the 
grantee has incurred under sections 31102, 31109, and 31313. The 
Secretary shall pay the grantee an amount equal to not more than the 
Government share of costs incurred as of the date on which the vouchers 
are submitted.''.

SEC. 32607. HIGH RISK CARRIER REVIEWS.

    (a) High Risk Carrier Reviews.--Section 31104(h), as amended by 
section 32606 of this Act, is amended by adding at the end of paragraph 
(2) the following:
    ``From the funds authorized by this subsection, the Secretary shall 
ensure that a review is completed on each motor carrier that 
demonstrates through performance data that it poses the highest safety 
risk. At a minimum, a review shall be conducted whenever a motor 
carrier is among the highest risk carriers for 2 consecutive months.''.
    (b) Conforming Amendment.--Section 4138 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 
U.S.C. 31144 note) is repealed.

SEC. 32608. DATA AND TECHNOLOGY GRANTS.

    (a) In General.--Section 31109 is amended to read as follows:
``Sec. 31109. Data and technology grants
    ``(a) General Authority.--The Secretary of Transportation shall 
establish and administer a data and technology grant program to assist 
the States with the implementation and maintenance of data systems. The 
Secretary shall allocate the funds in accordance with section 31104.
    ``(b) Performance Goals.--The Secretary may make a grant to a State 
to implement the performance and registration information system 
management requirements of section 31106(b) to develop, implement, and 
maintain commercial vehicle information systems and networks, and other 
innovative technologies that the Secretary determines improve 
commercial motor vehicle safety.
    ``(c) Eligibility.--To be eligible for a grant to implement the 
requirements of section 31106(b), the State shall design a program 
that--
            ``(1) links Federal motor carrier safety information 
        systems with the State's motor carrier information systems;
            ``(2) determines the safety fitness of a motor carrier or 
        registrant when licensing or registering the registrant or 
        motor carrier or while the license or registration is in 
        effect; and
            ``(3) denies, suspends, or revokes the commercial motor 
        vehicle registrations of a motor carrier or registrant that was 
        issued an operations out-of-service order by the Secretary.
    ``(d) Required Participation.--The Secretary shall require States 
that participate in the program under section 31106 to--
            ``(1) comply with the uniform policies, procedures, and 
        technical and operational standards prescribed by the Secretary 
        under section 31106(b);
            ``(2) possess or seek the authority to possess for a time 
        period not longer than determined reasonable by the Secretary, 
        to impose sanctions relating to commercial motor vehicle 
        registration on the basis of a Federal safety fitness 
        determination; and
            ``(3) establish and implement a process to cancel the motor 
        vehicle registration and seize the registration plates of a 
        vehicle when an employer is found liable under section 
        31310(j)(2)(C) for knowingly allowing or requiring an employee 
        to operate such a commercial motor vehicle in violation of an 
        out of service order.
    ``(e) Federal Share.--The total Federal share of the cost of a 
project payable from all eligible Federal sources shall be at least 80 
percent.''.
    (b) Conforming Amendment.--The analysis of chapter 311 is amended 
by striking the item relating to section 31109 and inserting the 
following:

``31109. Data and technology grants.''.

SEC. 32609. DRIVER SAFETY GRANTS.

    (a) Driver Focused Grant Program.--Section 31313 is amended to read 
as follows:
``Sec. 31313. Driver safety grants
    ``(a) General Authority.--The Secretary shall make and administer a 
driver focused grant program to assist the States, local governments, 
entities, and other persons with commercial driver's license systems, 
programs, training, fraud detection, reporting of violations and other 
programs required to improve the safety of drivers as the Federal Motor 
Carrier Safety Administration deems critical. The Secretary shall 
allocate the funds for the program in accordance with section 31104.
    ``(b) Commercial Driver's License Program Improvement Grants.--
            ``(1) Program goal.--The Secretary of Transportation may 
        make a grant to a State in a fiscal year--
                    ``(A) to comply with the requirements of section 
                31311;
                    ``(B) in the case of a State that is making a good 
                faith effort toward substantial compliance with the 
                requirements of this section and section 31311, to 
                improve its implementation of its commercial driver's 
                license program;
                    ``(C) for research, development demonstration 
                projects, public education, and other special 
                activities and projects relating to commercial driver 
                licensing and motor vehicle safety that are of benefit 
                to all jurisdictions of the United States or are 
                designed to address national safety concerns and 
                circumstances;
                    ``(D) for commercial driver's license program 
                coordinators;
                    ``(E) to implement or maintain a system to notify 
                an employer of an operator of a commercial motor 
                vehicle of the suspension or revocation of the 
                operator's commercial driver's license consistent with 
                the standards developed under section 32304(b) of the 
                Commercial Motor Vehicle Safety Enhancement Act of 
                2012; or
                    ``(F) to train operators of commercial motor 
                vehicles, as defined under section 31301, and to train 
                operators and future operators in the safe use of such 
                vehicles. Funding priority for this discretionary grant 
                program shall be to regional or multi-state educational 
                or nonprofit associations serving economically 
                distressed regions of the United States.
            ``(2) Priority.--The Secretary shall give priority, in 
        making grants under paragraph (1)(B), to a State that will use 
        the grants to achieve compliance with the requirements of the 
        Motor Carrier Safety Improvement Act of 1999 (113 Stat. 1748), 
        including the amendments made by the Commercial Motor Vehicle 
        Safety Enhancement Act of 2012.
            ``(3) Recipients.--The Secretary may allocate grants to 
        State agencies, local governments, and other persons for 
        carrying out activities and projects that improve commercial 
        driver's license safety and compliance with commercial driver's 
        license and commercial motor vehicle safety regulations in 
        accordance with the program goals under paragraph (1) and that 
        train operators on commercial motor vehicles. The Secretary may 
        make a grant to a State to comply with section 31311 for 
        commercial driver's license program coordinators and for 
        notification systems.
            ``(4) Federal share.--The Federal share of a grant made 
        under this program shall be at least 80 percent, except that 
        the Federal share of grants for commercial driver license 
        program coordinators and training commercial motor vehicle 
        operators shall be 100 percent.''.
    (b) Conforming Amendment.--The analysis of chapter 313 is amended 
by striking the item relating to section 31313 and inserting the 
following:

``31313. Driver safety grants.''.

SEC. 32610. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
includes--
            (1) established time frames and milestones for resuming the 
        Commercial Vehicle Information Systems and Networks Program; 
        and
            (2) a strategic workforce plan for its grants management 
        office to ensure that it has determined the skills and 
        competencies that are critical to achieving its mission goals.

           Subtitle G--Motorcoach Enhanced Safety Act of 2012

SEC. 32701. SHORT TITLE.

    This subtitle may be cited as the ``Motorcoach Enhanced Safety Act 
of 2012''.

SEC. 32702. DEFINITIONS.

    In this subtitle:
            (1) Advanced glazing.--The term ``advanced glazing'' means 
        glazing installed in a portal on the side or the roof of a 
        motorcoach that is designed to be highly resistant to partial 
        or complete occupant ejection in all types of motor vehicle 
        crashes.
            (2) Bus.--The term ``bus'' has the meaning given the term 
        in section 571.3(b) of title 49, Code of Federal Regulations 
        (as in effect on the day before the date of enactment of this 
        Act).
            (3) Commercial motor vehicle.--Except as otherwise 
        specified, the term ``commercial motor vehicle'' has the 
        meaning given the term in section 31132(1) of title 49, United 
        States Code.
            (4) Direct tire pressure monitoring system.--The term 
        ``direct tire pressure monitoring system'' means a tire 
        pressure monitoring system that is capable of directly 
        detecting when the air pressure level in any tire is 
        significantly under-inflated and providing the driver a low 
        tire pressure warning as to which specific tire is 
        significantly under-inflated.
            (5) Electronic on-board recorder.--The term ``electronic 
        on-board recorder'' means an electronic device that acquires 
        and stores data showing the record of duty status of the 
        vehicle operator and performs the functions required of an 
        automatic on-board recording device in section 395.15(b) of 
        title 49, Code of Federal Regulations.
            (6) Event data recorder.--The term ``event data recorder'' 
        has the meaning given that term in section 563.5 of title 49, 
        Code of Federal Regulations.
            (7) Motor carrier.--The term ``motor carrier'' means--
                    (A) a motor carrier (as defined in section 
                13102(14) of title 49, United States Code); or
                    (B) a motor private carrier (as defined in section 
                13102(15) of that title).
            (8) Motorcoach.--The term ``motorcoach'' has the meaning 
        given the term ``over-the-road bus'' in section 3038(a)(3) of 
        the Transportation Equity Act for the 21st Century (49 U.S.C. 
        5310 note), but does not include--
                    (A) a bus used in public transportation provided 
                by, or on behalf of, a public transportation agency; or
                    (B) a school bus, including a multifunction school 
                activity bus.
            (9) Motorcoach services.--The term ``motorcoach services'' 
        means passenger transportation by motorcoach for compensation.
            (10) Multifunction school activity bus.--The term 
        ``multifunction school activity bus'' has the meaning given the 
        term in section 571.3(b) of title 49, Code of Federal 
        Regulations (as in effect on the day before the date of 
        enactment of this Act).
            (11) Portal.--The term ``portal'' means any opening on the 
        front, side, rear, or roof of a motorcoach that could, in the 
        event of a crash involving the motorcoach, permit the partial 
        or complete ejection of any occupant from the motorcoach, 
        including a young child.
            (12) Provider of motorcoach services.--The term ``provider 
        of motorcoach services'' means a motor carrier that provides 
        passenger transportation services with a motorcoach, including 
        per-trip compensation and contracted or chartered compensation.
            (13) Public transportation.--The term ``public 
        transportation'' has the meaning given the term in section 5302 
        of title 49, United States Code.
            (14) Safety belt.--The term ``safety belt'' has the meaning 
        given the term in section 153(i)(4)(B) of title 23, United 
        States Code.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 32703. REGULATIONS FOR IMPROVED OCCUPANT PROTECTION, PASSENGER 
              EVACUATION, AND CRASH AVOIDANCE.

    (a) Regulations Required Within 1 Year.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall prescribe 
regulations requiring safety belts to be installed in motorcoaches at 
each designated seating position.
    (b) Regulations Required Within 2 Years.--Not later than 2 years 
after the date of enactment of this Act, the Secretary shall prescribe 
the following commercial motor vehicle regulations:
            (1) Roof strength and crush resistance.--The Secretary 
        shall establish improved roof and roof support standards for 
        motorcoaches that substantially improve the resistance of 
        motorcoach roofs to deformation and intrusion to prevent 
        serious occupant injury in rollover crashes involving 
        motorcoaches.
            (2) Anti-ejection safety countermeasures.--The Secretary 
        shall require advanced glazing to be installed in each 
        motorcoach portal and shall consider other portal improvements 
        to prevent partial and complete ejection of motorcoach 
        passengers, including children. In prescribing such standards, 
        the Secretary shall consider the impact of such standards on 
        the use of motorcoach portals as a means of emergency egress.
            (3) Rollover crash avoidance.--The Secretary shall require 
        motorcoaches to be equipped with stability enhancing 
        technology, such as electronic stability control and torque 
        vectoring, to reduce the number and frequency of rollover 
        crashes among motorcoaches.
    (c) Commercial Motor Vehicle Tire Pressure Monitoring Systems.--Not 
later than 3 years after the date of enactment of this Act, the 
Secretary shall prescribe the following commercial vehicle regulation:
            (1) In general.--The Secretary shall require motorcoaches 
        to be equipped with direct tire pressure monitoring systems 
        that warn the operator of a commercial motor vehicle when any 
        tire exhibits a level of air pressure that is below a specified 
        level of air pressure established by the Secretary.
            (2) Performance requirements.--The regulation prescribed by 
        the Secretary under this subsection shall include performance 
        requirements to ensure that direct tire pressure monitoring 
        systems are capable of--
                    (A) providing a warning to the driver when 1 or 
                more tires are underinflated;
                    (B) activating in a specified time period after the 
                underinflation is detected; and
                    (C) operating at different vehicle speeds.
    (d) Application of Regulations.--
            (1) New motorcoaches.--Any regulation prescribed in 
        accordance with subsection (a), (b), or (c) shall apply to all 
        motorcoaches manufactured more than 2 years after the date on 
        which the regulation is published as a final rule.
            (2) Retrofit requirements for existing motorcoaches.--
                    (A) In general.--The Secretary may, by regulation, 
                provide for the application of any requirement 
                established under subsection (a) or (b)(2) to 
                motorcoaches manufactured before the date on which the 
                requirement applies to new motorcoaches under paragraph 
                (1) based on an assessment of the feasibility, 
                benefits, and costs of retrofitting the older 
                motorcoaches.
                    (B) Assessment.--The Secretary shall complete an 
                assessment with respect to safety belt retrofits not 
                later than 1 year after the date of enactment of this 
                Act and with respect to anti-ejection countermeasure 
                retrofits not later than 2 years after the date of 
                enactment of this Act.
    (e) Failure To Meet Deadline.--If the Secretary determines that a 
final rule cannot be issued before the deadline established under this 
section, the Secretary shall--
            (1) submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        and Commerce of the House of Representatives that explains why 
        the deadline cannot be met; and
            (2) establish a new deadline for the issuance of the final 
        rule.

SEC. 32704. STANDARDS FOR IMPROVED FIRE SAFETY.

    (a) Evaluations.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall initiate the following 
rulemaking proceedings:
            (1) Flammability standard for exterior components.--The 
        Secretary shall establish requirements for fire hardening or 
        fire resistance of motorcoach exterior components to prevent 
        fire and smoke inhalation injuries to occupants.
            (2) Smoke suppression.--The Secretary shall update Federal 
        Motor Vehicle Safety Standard Number 302 (49 C.F.R. 571.302; 
        relating to flammability of interior materials) to improve the 
        resistance of motorcoach interiors and components to burning 
        and permit sufficient time for the safe evacuation of 
        passengers from motorcoaches.
            (3) Prevention of, and resistance to, wheel well fires.--
        The Secretary shall establish requirements--
                    (A) to prevent and mitigate the propagation of 
                wheel well fires into the passenger compartment; and
                    (B) to substantially reduce occupant deaths and 
                injuries from such fires.
            (4) Automatic fire suppression.--The Secretary shall 
        establish requirements for motorcoaches to be equipped with 
        highly effective fire suppression systems that automatically 
        respond to and suppress all fires in such motorcoaches.
            (5) Passenger evacuation.--The Secretary shall establish 
        requirements for motorcoaches to be equipped with--
                    (A) improved emergency exit window, door, roof 
                hatch, and wheelchair lift door designs to expedite 
                access and use by passengers of motorcoaches under all 
                emergency circumstances, including crashes and fires; 
                and
                    (B) emergency interior lighting systems, including 
                luminescent or retroreflectorized delineation of 
                evacuation paths and exits, which are triggered by a 
                crash or other emergency incident to accomplish more 
                rapid and effective evacuation of passengers.
            (6) Causation and prevention of motorcoach fires.--The 
        Secretary shall examine the principle causes of motorcoach 
        fires and vehicle design changes intended to reduce the number 
        of motorcoach fires resulting from those principle causes.
    (b) Deadline.--Not later than 42 months after the date of enactment 
of this Act, the Secretary shall--
            (1) issue final rules in accordance with subsection (a); or
            (2) if the Secretary determines that any standard is not 
        warranted based on the requirements and considerations set 
        forth in subsection (a) and (b) of section 30111 of title 49, 
        United States Code, submit a report that describes the reasons 
        for not prescribing such a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
    (c) Tire Performance Standard.--Not later than 3 years after the 
date of enactment of this Act, the Secretary shall--
            (1) issue a final rule upgrading performance standards for 
        tires used on motorcoaches, including an enhanced endurance 
        test and a new high-speed performance test; or
            (2) if the Secretary determines that a standard is not 
        warranted based on the requirements and considerations set 
        forth in subsections (a) and (b) of section 30111 of title 49, 
        United States Code, submit a report that describes the reasons 
        for not prescribing such a standard to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 32705. OCCUPANT PROTECTION, COLLISION AVOIDANCE, FIRE CAUSATION, 
              AND FIRE EXTINGUISHER RESEARCH AND TESTING.

    (a) Safety Research Initiatives.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall complete the 
following research and testing:
            (1) Improved fire extinguishers.--The Secretary shall 
        research and test the need to install improved fire 
        extinguishers or other readily available firefighting equipment 
        in motorcoaches to effectively extinguish fires in motorcoaches 
        and prevent passenger deaths and injuries.
            (2) Interior impact protection.--The Secretary shall 
        research and test enhanced occupant impact protection standards 
        for motorcoach interiors to reduce substantially serious 
        injuries for all passengers of motorcoaches.
            (3) Compartmentalization safety countermeasures.--The 
        Secretary shall require enhanced compartmentalization safety 
        countermeasures for motorcoaches, including enhanced seating 
        designs, to substantially reduce the risk of passengers being 
        thrown from their seats and colliding with other passengers, 
        interior surfaces, and components in the event of a crash 
        involving a motorcoach.
            (4) Collision avoidance systems.--The Secretary shall 
        research and test forward and lateral crash warning systems 
        applications for motorcoaches.
    (b) Rulemaking.--Not later than 2 years after the completion of 
each research and testing initiative required under subsection (a), the 
Secretary shall issue final motor vehicle safety standards if the 
Secretary determines that such standards are warranted based on the 
requirements and considerations set forth in subsections (a) and (b) of 
section 30111 of title 49, United States Code.

SEC. 32706. MOTORCOACH REGISTRATION.

    (a) Registration Requirements.--Section 13902(b) is amended--
            (1) by redesignating paragraphs (1) through (8) as 
        paragraphs (4) through (11), respectively; and
            (2) by inserting before paragraph (4), as redesignated, the 
        following:
            ``(1) Additional registration requirements for providers or 
        motorcoach services.--In addition to meeting the requirements 
        under subsection (a)(1), the Secretary may not register a 
        person to provide motorcoach services until after the person--
                    ``(A) undergoes a preauthorization safety audit, 
                including verification, in a manner sufficient to 
                demonstrate the ability to comply with Federal rules 
                and regulations, of--
                            ``(i) a drug and alcohol testing program 
                        under part 40 of title 49, Code of Federal 
                        Regulations;
                            ``(ii) the carrier's system of compliance 
                        with hours-of-service rules, including hours-
                        of-service records;
                            ``(iii) the ability to obtain required 
                        insurance;
                            ``(iv) driver qualifications, including the 
                        validity of the commercial driver's license of 
                        each driver who will be operating under such 
                        authority;
                            ``(v) disclosure of common ownership, 
                        common control, common management, common 
                        familial relationship, or other corporate 
                        relationship with another motor carrier or 
                        applicant for motor carrier authority during 
                        the past 3 years;
                            ``(vi) records of the State inspections, or 
                        of a Level I or V Commercial Vehicle Safety 
                        Alliance Inspection, for all vehicles that will 
                        be operated by the carrier;
                            ``(vii) safety management programs, 
                        including vehicle maintenance and repair 
                        programs; and
                            ``(viii) the ability to comply with the 
                        Americans with Disabilities Act of 1990 (42 
                        U.S.C. 12101 et seq.), and the Over-the-Road 
                        Bus Transportation Accessibility Act of 2007 
                        (122 Stat. 2915);
                    ``(B) has been interviewed to review safety 
                management controls and the carrier's written safety 
                oversight policies and practices; and
                    ``(C) through the successful completion of a 
                written examination developed by the Secretary, has 
                demonstrated proficiency to comply with and carry out 
                the requirements and regulations described in 
                subsection (a)(1).
            ``(2) Pre-authorization safety audit.--The pre-
        authorization safety audit required under paragraph (1)(A) 
        shall be completed on-site not later than 90 days following the 
        submission of an application for operating authority.
            ``(3) Fee.--The Secretary may establish, under section 9701 
        of title 31, a fee of not more than $1,200 for new registrants 
        that as nearly as possible covers the costs of performing a 
        preauthorization safety audit. Amounts collected under this 
        subsection shall be deposited in the Highway Trust Fund (other 
        than the Mass Transit Account).''.
    (b) Safety Reviews of New Operators.--Section 31144(g)(1) is 
amended by inserting ``transporting property'' after ``each operator''.
    (c) Conforming Amendment.--Section 24305(a)(3)(A)(i) is amended by 
striking ``section 13902(b)(8)(A)'' and inserting ``section 
13902(b)(11)(A)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SEC. 32707. IMPROVED OVERSIGHT OF MOTORCOACH SERVICE PROVIDERS.

    (a) Safety Reviews.--Section 31144, as amended by sections 32204 
and 32604 of this Act, is amended by adding at the end the following:
    ``(j) Periodic Safety Reviews of Providers of Motorcoach 
Services.--
            ``(1) Safety review.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) determine the safety fitness of all 
                        providers of motorcoach services registered 
                        with the Federal Motor Carrier Safety 
                        Administration through a simple and 
                        understandable rating system that allows 
                        motorcoach passengers to compare the safety 
                        performance of motorcoach operators; and
                            ``(ii) assign a safety fitness rating to 
                        each such provider.
                    ``(B) Applicability.--Subparagraph (A) shall 
                apply--
                            ``(i) to any provider of motorcoach 
                        services registered with the Administration 
                        after the date of enactment of the Motorcoach 
                        Enhanced Safety Act of 2012 beginning not later 
                        than 2 years after the date of such 
                        registration; and
                            ``(ii) to any provider of motorcoach 
                        services registered with the Administration on 
                        or before the date of enactment of that Act 
                        beginning not later than 3 years after the date 
                        of enactment of that Act.
            ``(2) Periodic review.--The Secretary shall establish, by 
        regulation, a process for monitoring the safety performance of 
        each provider of motorcoach services on a regular basis 
        following the assignment of a safety fitness rating, including 
        progressive intervention to correct unsafe practices.
            ``(3) Enforcement strike forces.--In addition to the 
        enhanced monitoring and enforcement actions required under 
        paragraph (2), the Secretary may organize special enforcement 
        strike forces targeting providers of motorcoach services.
            ``(4) Periodic update of safety fitness rating.--In 
        conducting the safety reviews required under this subsection, 
        the Secretary shall--
                    ``(A) reassess the safety fitness rating of each 
                provider not less frequently than once every 3 years; 
                and
                    ``(B) annually assess the safety fitness of certain 
                providers of motorcoach services that serve primarily 
                urban areas with high passenger loads.
            ``(5) Motorcoach services defined.--In this subsection, the 
        term `provider of motorcoach services' has the meaning given 
        such term in section 32702 of the Motorcoach Enhanced Safety 
        Act of 2012.''.
    (b) Disclosure of Safety Performance Ratings of Motorcoach Services 
and Operations.--
            (1) In general.--Subchapter I of chapter 141 of title 49, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 14105. Safety performance ratings of motorcoach services and 
              operations
    ``(a) Definitions.--In this section:
            ``(1) Motorcoach.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `motorcoach' has the meaning 
                given to the term `over-the-road bus' in section 
                3038(a)(3) of the Transportation Equity Act for the 
                21st Century (49 U.S.C. 5310 note).
                    ``(B) Exclusions.--The term `motorcoach' does not 
                include--
                            ``(i) a bus used in public transportation 
                        that is provided by a State or local 
                        government; or
                            ``(ii) a school bus (as defined in section 
                        30125(a)(1)), including a multifunction school 
                        activity bus.
            ``(2) Motorcoach services and operations.--The term 
        `motorcoach services and operations' means passenger 
        transportation by a motorcoach for compensation.
    ``(b) Display of Motor Carrier Identification.--
            ``(1) Requirement.--Beginning on the date that is 1 year 
        after the date of the enactment of the Moving Ahead for 
        Progress in the 21st Century Act, no person may sell or offer 
        to sell interstate motorcoach transportation services, or 
        provide broker services related to such transportation, unless 
        the person, at the point of sale or provision of broker 
        services, conspicuously displays--
                    ``(A) the legal name and USDOT number of the single 
                motor carrier responsible for the transportation and 
                for compliance with the Federal Motor Carrier Safety 
                Regulations under parts 350 through 399 of title 49, 
                Code of Federal Regulations; and
                    ``(B) the URL for the Federal Motor Carrier Safety 
                Administration's public website where the 
                Administration has posted motor carrier and commercial 
                motor vehicle driver scores in the Safety Measurement 
                System.
            ``(2) Civil penalties.--A person who violates paragraph (1) 
        shall be liable for civil penalties to the same extent as a 
        person who does not prepare a record in the form and manner 
        prescribed under section 14901(a).
    ``(c) Rulemaking.--
            ``(1) In general.--Not later than 2 years after the date on 
        which the safety fitness determination rule is implemented, the 
        Secretary shall require, by regulation--
                    ``(A) each motor carrier that owns or leases 1 or 
                more motorcoaches that transport passengers subject to 
                the Secretary's jurisdiction under section 13501 to 
                prominently display the safety fitness rating assigned 
                under section 31144(j)(1)(A)(ii)--
                            ``(i) in each terminal of departure;
                            ``(ii) in the motorcoach and visible from a 
                        position exterior to the vehicle at the point 
                        of departure, if the motorcoach does not depart 
                        from a terminal; and
                            ``(iii) at all points of sale for such 
                        motorcoach services and operations; and
                    ``(B) any person who sells tickets for motorcoach 
                services and operations to display the rating system 
                described in subparagraph (A) at all points of sale for 
                such motorcoach services and operations.
            ``(2) Items included in the rulemaking.--In promulgating 
        safety performance ratings for motorcoaches pursuant to the 
        rulemaking required under paragraph (1), the Secretary shall 
        consider--
                    ``(A) the need and extent to which safety 
                performance ratings should be made available in 
                languages other than English; and
                    ``(B) penalties authorized under section 521.
            ``(3) Insufficient inspections.--Any motor carrier for 
        which insufficient safety data is available shall display a 
        label that states that the carrier has sufficiently passed the 
        preauthorization safety audit required under section 
        13902(b)(1)(A).
    ``(d) Effect on State and Local Law.--Nothing in this section may 
be construed to preempt a State, or a political subdivision of a State, 
from enforcing any requirements concerning the manner and content of 
consumer information provided by motor carriers that are not subject to 
the Secretary's jurisdiction under section 13501.''.
            (2) Clerical amendment.--The analysis of chapter 141 of 
        title 49, United States Code, is amended by inserting after the 
        item relating to section 14104 the following:

``14105. Safety performance ratings of motorcoach services and 
                            operations.''.

SEC. 32708. REPORT ON FEASIBILITY, BENEFITS, AND COSTS OF ESTABLISHING 
              A SYSTEM OF CERTIFICATION OF TRAINING PROGRAMS.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives that 
describes the feasibility, benefits, and costs of establishing a system 
of certification of public and private schools and of motor carriers 
and motorcoach operators that provide motorcoach driver training.

SEC. 32709. REPORT ON DRIVER'S LICENSE REQUIREMENTS FOR 9- TO 15-
              PASSENGER VANS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives that examines requiring all or certain classes of 
drivers operating a vehicle, which is designed or used to transport not 
fewer than 9 and not more than 15 passengers (including a driver) in 
interstate commerce, to have a commercial driver's license passenger-
carrying endorsement and be tested in accordance with a drug and 
alcohol testing program under part 40 of title 49, Code of Federal 
Regulations.
    (b) Considerations.--In developing the report under subsection (a), 
the Secretary shall consider--
            (1) the safety benefits of the requirement described in 
        subsection (a);
            (2) the scope of the population that would be impacted by 
        such requirement;
            (3) the cost to the Federal Government and State 
        governments to meet such requirement; and
            (4) the impact on safety benefits and cost from limiting 
        the application of such requirement to certain drivers of such 
        vehicles, such as drivers who are compensated for driving.

SEC. 32710. EVENT DATA RECORDERS.

    (a) Evaluation.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, after considering the performance 
requirements for event data recorders for passenger vehicles under part 
563 of title 49, Code of Federal Regulations, shall complete an 
evaluation of event data recorders, including requirements regarding 
specific types of vehicle operations, events and incidents, and systems 
information to be recorded, for event data recorders to be used on 
motorcoaches used by motor carriers in interstate commerce.
    (b) Standards and Regulations.--Not later than 2 years after 
completing the evaluation required under subsection (a), the Secretary 
shall issue standards and regulations based on the results of that 
evaluation.

SEC. 32711. SAFETY INSPECTION PROGRAM FOR COMMERCIAL MOTOR VEHICLES OF 
              PASSENGERS.

    Not later than 3 years after the date of enactment of this Act, the 
Secretary shall complete a rulemaking proceeding to consider requiring 
States to conduct annual inspections of commercial motor vehicles 
designed or used to transport passengers, including an assessment of--
            (1) the risks associated with improperly maintained or 
        inspected commercial motor vehicles designed or used to 
        transport passengers;
            (2) the effectiveness of existing Federal standards for the 
        inspection of such vehicles in--
                    (A) mitigating the risks described in paragraph 
                (1); and
                    (B) ensuring the safe and proper operation 
                condition of such vehicles; and
            (3) the costs and benefits of a mandatory State inspection 
        program.

SEC. 32712. DISTRACTED DRIVING.

    (a) In General.--Chapter 311, as amended by sections 32113, 32508, 
and 32512 of this Act, is amended by adding after section 31154 the 
following:
``Sec. 31155. Regulation of the use of distracting devices in 
              motorcoaches
    ``(a) In General.--Not later than 1 year after the date of 
enactment of the Motorcoach Enhanced Safety Act of 2012, the Secretary 
of Transportation shall prescribe regulations on the use of electronic 
or wireless devices, including cell phones and other distracting 
devices, by an individual employed as the operator of a motorcoach (as 
defined in section 32702 of that Act).
    ``(b) Basis for Regulations.--The Secretary shall base the 
regulations prescribed under subsection (a) on accident data analysis, 
the results of ongoing research, and other information, as appropriate.
    ``(c) Prohibited Use.--Except as provided under subsection (d), the 
Secretary shall prohibit the use of the devices described in subsection 
(a) in circumstances in which the Secretary determines that their use 
interferes with a driver's safe operation of a motorcoach.
    ``(d) Permitted Use.--The Secretary may permit the use of a device 
that is otherwise prohibited under subsection (c) if the Secretary 
determines that such use is necessary for the safety of the driver or 
the public in emergency circumstances.''.
    (b) Conforming Amendment.--The analysis for chapter 311 is amended 
by inserting after the item relating to section 31154 the following:

``31155. Regulation of the use of distracting devices in 
                            motorcoaches.''.

SEC. 32713. REGULATIONS.

    Any standard or regulation prescribed or modified pursuant to the 
Motorcoach Enhanced Safety Act of 2012 shall be prescribed or modified 
in accordance with section 553 of title 5, United States Code.

       Subtitle H--Safe Highways and Infrastructure Preservation

SEC. 32801. COMPREHENSIVE TRUCK SIZE AND WEIGHT LIMITS STUDY.

    (a) Truck Size and Weight Limits Study.--Not later than 90 days 
after the date of enactment of this Act, the Secretary, in consultation 
with each relevant State and other applicable Federal agencies, shall 
commence a comprehensive truck size and weight limits study. The study 
shall--
            (1) provide data on accident frequency and factors related 
        to accident risk of each route of the National Highway System 
        in each State that allows a vehicle to operate with size and 
        weight limits that are in excess of the Federal law and 
        regulations and its correlation to truck size and weight 
        limits;
            (2) evaluate the impacts to the infrastructure of each 
        route of the National Highway System in each State that allows 
        a vehicle to operate with size and weight limits that are in 
        excess of the Federal law and regulations, including--
                    (A) an analysis that quantifies the cost and 
                benefits of the impacts in dollars;
                    (B) an analysis of the percentage of trucks 
                operating in excess of the Federal size and weight 
                limits; and
                    (C) an analysis that examines the ability of each 
                State to recover the cost for the impacts, or the 
                benefits incurred;
            (3) evaluate the impacts and frequency of violations in 
        excess of the Federal size and weight law and regulations to 
        determine the cost of the enforcement of the law and 
        regulations, and the effectiveness of the enforcement methods;
            (4) examine the relationship between truck performance and 
        crash involvement and its correlation to Federal size and 
        weight limits, including the impacts on crashes;
            (5) assess the impacts that truck size and weight limits in 
        excess of the Federal law and regulations have in the risk of 
        bridge failure contributing to the structural deficiencies of 
        bridges or in the useful life of a bridge, including the 
        impacts resulting from the number of bridge loadings;
            (6) analyze the impacts on safety and infrastructure in 
        each State that allows a truck to operate in excess of Federal 
        size and weight limitations in truck-only lanes;
            (7) compare and contrast the safety and infrastructure 
        impacts of the Federal limits regarding truck size and weight 
        limits in relation to--
                    (A) six-axle and other alternative configurations 
                of tractor-trailers; and
                    (B) safety records of foreign nations with truck 
                size and weight limits and tractor-trailer 
                configurations that differ from the Federal law and 
                regulations; and
            (8) estimate--
                    (A) the extent to which freight would be diverted 
                from other surface transportation modes to principal 
                arterial routes and National Highway System intermodal 
                connectors if each covered truck configuration is 
                allowed to operate and the effect that any such 
                diversion would have on other modes of transportation;
                    (B) the effect that any such diversion would have 
                on public safety, infrastructure, cost 
                responsibilities, fuel efficiency, and the environment;
                    (C) the effect on the transportation network of the 
                United States that allowing each covered truck 
                configuration to operate would have; and
                    (D) whether allowing each covered truck 
                configuration to operate would result in an increase or 
                decrease in the total number of trucks operating on 
                principal arterial routes and National Highway System 
                intermodal connectors; and
            (9) identify all Federal rules and regulations impacted by 
        changes in truck size and weight limits.
    (b) Report.--Not later than 2 years after the date that the study 
is commenced under subsection (a), the Secretary shall submit a final 
report on the study, including all findings and recommendations, to the 
Committee on Commerce, Science, and Transportation and the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.

SEC. 32802. COMPILATION OF EXISTING STATE TRUCK SIZE AND WEIGHT LIMIT 
              LAWS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the States, shall 
begin to compile--
            (1) a list for each State, as applicable, that describes 
        each route of the National Highway System that allows a vehicle 
        to operate in excess of the Federal truck size and weight 
        limits that--
                    (A) was authorized under State law on or before the 
                date of enactment of this Act; and
                    (B) was in actual and lawful operation on a regular 
                or periodic basis (including seasonal operations) on or 
                before the date of enactment of this Act;
            (2) a list for each State, as applicable, that describes--
                    (A) the size and weight limitations applicable to 
                each segment of the National Highway System in that 
                State as listed under paragraph (1);
                    (B) each combination that exceeds the Interstate 
                weight limit, but that the Department of 
                Transportation, other Federal agency, or a State agency 
                has determined on or before the date of enactment of 
                this Act, could be or could have been lawfully operated 
                in the State; and
                    (C) each combination that exceeds the Interstate 
                weight limit, but that the Secretary determines could 
                have been lawfully operated on a non-Interstate segment 
                of the National Highway System in the State on or 
                before the date of enactment of this Act; and
            (3) a list of each State law that designates or allows 
        designation of size and weight limitations in excess of Federal 
        law and regulations on routes of the National Highway System, 
        including nondivisible loads.
    (b) Specifications.--The Secretary, in consultation with the 
States, shall specify whether the determinations under paragraphs (1) 
and (2) of subsection (a) were made by the Department of 
Transportation, other Federal agency, or a State agency.
    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit a final report of the compilation 
under subsection (a) to the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives.

                       Subtitle I--Miscellaneous

                         PART I--MISCELLANEOUS

SEC. 32911. DETENTION TIME STUDY.

    (a) Study.--Not later than 30 days after the date of enactment of 
this Act, the Secretary shall task the Motor Carrier Safety Advisory 
Committee to study the extent to which detention time contributes to 
drivers violating hours of service requirements and driver fatigue. In 
conducting this study, the Committee shall--
            (1) examine data collected from driver and vehicle 
        inspections;
            (2) consult with--
                    (A) motor carriers and drivers, shippers, and 
                representatives of ports and other facilities where 
                goods are loaded and unloaded;
                    (B) government officials; and
                    (C) other parties as appropriate; and
            (3) provide recommendations to the Secretary for addressing 
        issues identified in the study.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall provide a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
that includes recommendations for legislation and for addressing the 
results of the study.

SEC. 32912. PROHIBITION OF COERCION.

    Section 31136(a) is amended by--
            (1) striking ``and'' at the end of paragraph (3);
            (2) striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) adding after subsection (4) the following:
            ``(5) an operator of a commercial motor vehicle is not 
        coerced by a motor carrier, shipper, receiver, or 
        transportation intermediary to operate a commercial motor 
        vehicle in violation of a regulation promulgated under this 
        section, or chapter 51 or chapter 313 of this title.''.

SEC. 32913. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

    (a) Membership.--Section 4144(b)(1) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 
U.S.C. 31100 note), is amended by inserting ``nonprofit employee labor 
organizations representing commercial motor vehicle drivers,'' after 
``industry,''.
    (b) Termination Date.--Section 4144(d) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 
U.S.C. 31100 note), is amended by striking ``March 31, 2012'' and 
inserting ``September 30, 2013''.

SEC. 32914. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.

    (a) Waiver Standards.--Section 31315(a) is amended--
            (1) by inserting ``and'' at the end of paragraph (2);
            (2) by striking paragraph (3); and
            (3) redesignating paragraph (4) as paragraph (3).
    (b) Exemption Standards.--Section 31315(b)(4) is amended--
            (1) in subparagraph (A), by inserting ``(or, in the case of 
        a request for an exemption from the physical qualification 
        standards for commercial motor vehicle drivers, post on a web 
        site established by the Secretary to implement the requirements 
        of section 31149)'' after ``Federal Register'';
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Upon granting a request.--Upon granting a 
                request and before the effective date of the exemption, 
                the Secretary shall publish in the Federal Register 
                (or, in the case of an exemption from the physical 
                qualification standards for commercial motor vehicle 
                drivers, post on a web site established by the 
                Secretary to implement the requirements of section 
                31149) the name of the person granted the exemption, 
                the provisions from which the person is exempt, the 
                effective period, and the terms and conditions of the 
                exemption.''; and
            (3) in subparagraph (C), by inserting ``(or, in the case of 
        a request for an exemption from the physical qualification 
        standards for commercial motor vehicle drivers, post on a web 
        site established by the Secretary to implement the requirements 
        of section 31149)'' after ``Federal Register''.
    (c) Providing Notice of Exemptions to State Personnel.--Section 
31315(b)(7) is amended to read as follows:
            ``(7) Notification of state compliance and enforcement 
        personnel.--Before the effective date of an exemption, the 
        Secretary shall notify a State safety compliance and 
        enforcement agency, and require the agency pursuant to section 
        31102(b)(1)(Y) to notify the State's roadside inspectors, that 
        a person will be operating pursuant to an exemption and the 
        terms and conditions that apply to the exemption.''.
    (d) Pilot Programs.--Section 31315(c)(1) is amended by striking 
``in the Federal Register''.
    (e) Report to Congress.--Section 31315 is amended by adding after 
subsection (d) the following:
    ``(e) Report to Congress.--The Secretary shall submit an annual 
report to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives listing the waivers, exemptions, and pilot 
programs granted under this section, and any impacts on safety.
    ``(f) Web Site.--The Secretary shall ensure that the Federal Motor 
Carrier Safety Administration web site includes a link to the web site 
established by the Secretary to implement the requirements under 
sections 31149 and 31315. The link shall be in a clear and conspicuous 
location on the home page of the Federal Motor Carrier Safety 
Administration web site and be easily accessible to the public.''.

SEC. 32915. REGISTRATION REQUIREMENTS.

    (a) Requirements for Registration.--Section 13901 is amended to 
read as follows:
``Sec. 13901. Requirements for registration
    ``(a) In General.--A person may not provide transportation as a 
motor carrier subject to jurisdiction under subchapter I of chapter 135 
or service as a freight forwarder subject to jurisdiction under 
subchapter III of such chapter, or be a broker for transportation 
subject to jurisdiction under subchapter I of such chapter unless the 
person is registered under this chapter to provide such transportation 
or service.
    ``(b) Registration Numbers.--
            ``(1) In general.--If the Secretary registers a person 
        under this chapter to provide transportation or service, 
        including as a motor carrier, freight forwarder, or broker, the 
        Secretary shall issue a distinctive registration number to the 
        person for each such authority to provide transportation or 
        service for which the person is registered.
            ``(2) Transportation or service type indicator.--A number 
        issued under paragraph (1) shall include an indicator of the 
        type of transportation or service for which the registration 
        number is issued, including whether the registration number is 
        issued for registration of a motor carrier, freight forwarder, 
        or broker.
    ``(c) Specification of Authority.--For each agreement to provide 
transportation or service for which registration is required under this 
chapter, the registrant shall specify, in writing, the authority under 
which the person is providing such transportation or service.''.
    (b) Availability of Information.--
            (1) In general.--Chapter 139 is amended by adding at the 
        end the following:
``Sec. 13909. Availability of information
    ``The Secretary shall make information relating to registration and 
financial security required by this chapter publicly available on the 
Internet, including--
            ``(1) the names and business addresses of the principals of 
        each entity holding such registration; and
            ``(2) the electronic address of the entity's surety 
        provider for the submission of claims.''.
            (2) Conforming amendment.--The analysis for chapter 139 is 
        amended by adding at the end the following:

``13909. Availability of information.''.

SEC. 32916. ADDITIONAL MOTOR CARRIER REGISTRATION REQUIREMENTS.

    Section 13902, as amended by sections 32101 and 32107(a) of this 
Act, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``using self-
                propelled vehicles the motor carrier owns or leases'' 
                after ``motor carrier''; and
                    (B) by adding at the end the following:
            ``(6) Separate registration required.--A motor carrier may 
        not broker transportation services unless the motor carrier has 
        registered as a broker under this chapter.''; and
            (2) by inserting after subsection (h) the following:
    ``(i) Registration as Freight Forwarder or Broker Required.--A 
motor carrier registered under this chapter--
            ``(1) may only provide transportation of property with 
        self-propelled motor vehicles owned or leased by the motor 
        carrier or interchanges under regulations issued by the 
        Secretary if the originating carrier--
                    ``(A) physically transports the cargo at some 
                point; and
                    ``(B) retains liability for the cargo and for 
                payment of interchanged carriers; and
            ``(2) may not arrange transportation described in paragraph 
        (1) unless the motor carrier has obtained a separate 
        registration as a freight forwarder or broker for 
        transportation under section 13903 or 13904, as applicable.''.

SEC. 32917. REGISTRATION OF FREIGHT FORWARDERS AND BROKERS.

    (a) Registration of Freight Forwarders.--Section 13903, as amended 
by section 32107(b) of this Act, is amended--
            (1) in subsection (a)--
                    (A) by striking ``finds that the person is fit'' 
                and inserting the following: ``determines that the 
                person--
            ``(1) has sufficient experience to qualify the person to 
        act as a freight forwarder; and
            ``(2) is fit''; and
                    (B) by striking ``and the Board'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (d) and (e), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Duration.--A registration issued under subsection (a) shall 
only remain in effect while the freight forwarder is in compliance with 
section 13906(c).
    ``(c) Experience or Training Requirement.--Each freight forwarder 
shall employ, as an officer, an individual who--
            ``(1) has at least 3 years of relevant experience; or
            ``(2) provides the Secretary with satisfactory evidence of 
        the individual's knowledge of related rules, regulations, and 
        industry practices.''; and
            (4) by amending subsection (d), as redesignated, to read as 
        follows:
    ``(d) Registration as Motor Carrier Required.--A freight forwarder 
may not provide transportation as a motor carrier unless the freight 
forwarder has registered separately under this chapter to provide 
transportation as a motor carrier.''.
    (b) Registration of Brokers.--Section 13904, as amended by section 
32107(c) of this Act, is amended--
            (1) in subsection (a), by striking ``finds that the person 
        is fit'' and inserting the following: ``determines that the 
        person--
            ``(1) has sufficient experience to qualify the person to 
        act as a broker for transportation; and
            ``(2) is fit'';
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (d), (e), (f), and (g) respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Duration.--A registration issued under subsection (a) shall 
only remain in effect while the broker for transportation is in 
compliance with section 13906(b).
    ``(c) Experience or Training Requirements.--Each broker shall 
employ, as an officer, an individual who--
            ``(1) has at least 3 years of relevant experience; or
            ``(2) provides the Secretary with satisfactory evidence of 
        the individual's knowledge of related rules, regulations, and 
        industry practices.''; and
            (4) by amending subsection (d), as redesignated, to read as 
        follows:
    ``(d) Registration as Motor Carrier Required.--A broker for 
transportation may not provide transportation as a motor carrier unless 
the broker has registered separately under this chapter to provide 
transportation as a motor carrier.''.

SEC. 32918. EFFECTIVE PERIODS OF REGISTRATION.

    Section 13905(c) is amended to read as follows:
    ``(c) Effective Period.--
            ``(1) In general.--Except as otherwise provided in this 
        part, each registration issued under section 13902, 13903, or 
        13904--
                    ``(A) shall be effective beginning on the date 
                specified by the Secretary; and
                    ``(B) shall remain in effect for such period as the 
                Secretary determines appropriate by regulation.
            ``(2) Reissuance of registration.--
                    ``(A) Requirement.--Not later than 4 years after 
                the date of the enactment of the Commercial Motor 
                Vehicle Safety Enhancement Act of 2012, the Secretary 
                shall require a freight forwarder or broker to renew 
                its registration issued under this chapter.
                    ``(B) Effective period.--Each registration renewal 
                under subparagraph (A)--
                            ``(i) shall expire not later than 5 years 
                        after the date of such renewal; and
                            ``(ii) may be further renewed as provided 
                        under this chapter.
            ``(3) Registration update.--The Secretary shall require a 
        motor carrier, freight forwarder, or broker to update its 
        registration under this chapter periodically or not later than 
        30 days after any change in address, other contact information, 
        officers, process agent, or other essential information, as 
        determined by the Secretary and published in the Federal 
        Register.''.

SEC. 32919. FINANCIAL SECURITY OF BROKERS AND FREIGHT FORWARDERS.

    (a) In General.--Section 13906 is amended by striking subsections 
(b) and (c) and inserting the following:
    ``(b) Broker Financial Security Requirements.--
            ``(1) Requirements.--
                    ``(A) In general.--The Secretary may register a 
                person as a broker under section 13904 only if the 
                person files with the Secretary a surety bond, proof of 
                trust fund, or other financial security, or a 
                combination thereof, in a form and amount, and from a 
                provider, determined by the Secretary to be adequate to 
                ensure financial responsibility.
                    ``(B) Use of a group surety bond, trust fund, or 
                other surety.--In implementing the standards 
                established by subparagraph (A), the Secretary may 
                authorize the use of a group surety bond, trust fund, 
                or other financial security, or a combination thereof, 
                that meets the requirements of this subsection.
                    ``(C) Surety bonds.--A surety bond obtained under 
                this section may only be obtained from a bonding 
                company that has been approved by the Secretary of the 
                Treasury.
                    ``(D) Proof of trust or other financial security.--
                For purposes of subparagraph (A), a trust fund or other 
                financial security may be acceptable to the Secretary 
                only if the trust fund or other financial security 
                consists of assets readily available to pay claims 
                without resort to personal guarantees or collection of 
                pledged accounts receivable.
            ``(2) Scope of financial responsibility.--
                    ``(A) Payment of claims.--A surety bond, trust 
                fund, or other financial security obtained under 
                paragraph (1) shall be available to pay any claim 
                against a broker arising from its failure to pay 
                freight charges under its contracts, agreements, or 
                arrangements for transportation subject to jurisdiction 
                under chapter 135 if--
                            ``(i) subject to the review by the surety 
                        provider, the broker consents to the payment;
                            ``(ii) in any case in which the broker does 
                        not respond to adequate notice to address the 
                        validity of the claim, the surety provider 
                        determines that the claim is valid; or
                            ``(iii) the claim is not resolved within a 
                        reasonable period of time following a 
                        reasonable attempt by the claimant to resolve 
                        the claim under clauses (i) and (ii), and the 
                        claim is reduced to a judgment against the 
                        broker.
                    ``(B) Response of surety providers to claims.--If a 
                surety provider receives notice of a claim described in 
                subparagraph (A), the surety provider shall--
                            ``(i) respond to the claim on or before the 
                        30th day following the date on which the notice 
                        was received; and
                            ``(ii) in the case of a denial, set forth 
                        in writing for the claimant the grounds for the 
                        denial.
                    ``(C) Costs and attorney's fees.--In any action 
                against a surety provider to recover on a claim 
                described in subparagraph (A), the prevailing party 
                shall be entitled to recover its reasonable costs and 
                attorney's fees.
            ``(3) Minimum financial security.--Each broker subject to 
        the requirements of this section shall provide financial 
        security of $100,000 for purposes of this subsection, 
        regardless of the number of branch offices or sales agents of 
        the broker.
            ``(4) Cancellation notice.--If a financial security 
        required under this subsection is canceled--
                    ``(A) the holder of the financial security shall 
                provide electronic notification to the Secretary of the 
                cancellation not later than 30 days before the 
                effective date of the cancellation; and
                    ``(B) the Secretary shall immediately post such 
                notification on the public Internet Website of the 
                Department of Transportation.
            ``(5) Suspension.--The Secretary shall immediately suspend 
        the registration of a broker issued under this chapter if the 
        available financial security of that person falls below the 
        amount required under this subsection.
            ``(6) Payment of claims in cases of financial failure or 
        insolvency.--If a broker registered under this chapter 
        experiences financial failure or insolvency, the surety 
        provider of the broker shall--
                    ``(A) submit a notice to cancel the financial 
                security to the Administrator in accordance with 
                paragraph (4);
                    ``(B) publicly advertise for claims for 60 days 
                beginning on the date of publication by the Secretary 
                of the notice to cancel the financial security; and
                    ``(C) pay, not later than 30 days after the 
                expiration of the 60-day period for submission of 
                claims--
                            ``(i) all uncontested claims received 
                        during such period; or
                            ``(ii) a pro rata share of such claims if 
                        the total amount of such claims exceeds the 
                        financial security available.
            ``(7) Penalties.--
                    ``(A) Civil actions.--Either the Secretary or the 
                Attorney General of the United States may bring a civil 
                action in an appropriate district court of the United 
                States to enforce the requirements of this subsection 
                or a regulation prescribed or order issued under this 
                subsection. The court may award appropriate relief, 
                including injunctive relief.
                    ``(B) Civil penalties.--If the Secretary 
                determines, after notice and opportunity for a hearing, 
                that a surety provider of a broker registered under 
                this chapter has violated the requirements of this 
                subsection or a regulation prescribed under this 
                subsection, the surety provider shall be liable to the 
                United States for a civil penalty in an amount not to 
                exceed $10,000.
                    ``(C) Eligibility.--If the Secretary determines, 
                after notice and opportunity for a hearing, that a 
                surety provider of a broker registered under this 
                chapter has violated the requirements of this 
                subsection or a regulation prescribed under this 
                subsection, the surety provider shall be ineligible to 
                provider broker financial security for 3 years.
            ``(8) Financial security amount assessment.--Every 5 years, 
        the Secretary shall review, with public notice and comment, the 
        amount of the financial security required under this subsection 
        to determine whether such amounts are sufficient to provide 
        adequate financial security, and shall be authorized to 
        increase those amounts, if necessary, based upon that 
        determination.
    ``(c) Freight Forwarder Financial Security Requirements.--
            ``(1) Requirements.--
                    ``(A) In general.--The Secretary may register a 
                person as a freight forwarder under section 13903 only 
                if the person files with the Secretary a surety bond, 
                proof of trust fund, other financial security, or a 
                combination of such instruments, in a form and amount, 
                and from a provider, determined by the Secretary to be 
                adequate to ensure financial responsibility.
                    ``(B) Use of a group surety bond, trust fund, or 
                other financial security.--In implementing the 
                standards established under subparagraph (A), the 
                Secretary may authorize the use of a group surety bond, 
                trust fund, other financial security, or a combination 
                of such instruments, that meets the requirements of 
                this subsection.
                    ``(C) Surety bonds.--A surety bond obtained under 
                this section may only be obtained from a bonding 
                company that has been approved by the Secretary of the 
                Treasury.
                    ``(D) Proof of trust or other financial security.--
                For purposes of subparagraph (A), a trust fund or other 
                financial security may not be accepted by the Secretary 
                unless the trust fund or other financial security 
                consists of assets readily available to pay claims 
                without resort to personal guarantees or collection of 
                pledged accounts receivable.
            ``(2) Scope of financial responsibility.--
                    ``(A) Payment of claims.--A surety bond, trust 
                fund, or other financial security obtained under 
                paragraph (1) shall be available to pay any claim 
                against a freight forwarder arising from its failure to 
                pay freight charges under its contracts, agreements, or 
                arrangements for transportation subject to jurisdiction 
                under chapter 135 if--
                            ``(i) subject to the review by the surety 
                        provider, the freight forwarder consents to the 
                        payment;
                            ``(ii) in the case the freight forwarder 
                        does not respond to adequate notice to address 
                        the validity of the claim, the surety provider 
                        determines the claim is valid; or
                            ``(iii) the claim--
                                    ``(I) is not resolved within a 
                                reasonable period of time following a 
                                reasonable attempt by the claimant to 
                                resolve the claim under clauses (i) and 
                                (ii); and
                                    ``(II) is reduced to a judgment 
                                against the freight forwarder.
                    ``(B) Response of surety providers to claims.--If a 
                surety provider receives notice of a claim described in 
                subparagraph (A), the surety provider shall--
                            ``(i) respond to the claim on or before the 
                        30th day following receipt of the notice; and
                            ``(ii) in the case of a denial, set forth 
                        in writing for the claimant the grounds for the 
                        denial.
                    ``(C) Costs and attorney's fees.--In any action 
                against a surety provider to recover on a claim 
                described in subparagraph (A), the prevailing party 
                shall be entitled to recover its reasonable costs and 
                attorney's fees.
            ``(3) Freight forwarder insurance.--
                    ``(A) In general.--The Secretary may register a 
                person as a freight forwarder under section 13903 only 
                if the person files with the Secretary a surety bond, 
                insurance policy, or other type of financial security 
                that meets standards prescribed by the Secretary.
                    ``(B) Liability insurance.--A financial security 
                filed by a freight forwarder under subparagraph (A) 
                shall be sufficient to pay an amount, not to exceed the 
                amount of the financial security, for each final 
                judgment against the freight forwarder for bodily 
                injury to, or death of, an individual, or loss of, or 
                damage to, property (other than property referred to in 
                subparagraph (C)), resulting from the negligent 
                operation, maintenance, or use of motor vehicles by, or 
                under the direction and control of, the freight 
                forwarder while providing transfer, collection, or 
                delivery service under this part.
                    ``(C) Cargo insurance.--The Secretary may require a 
                registered freight forwarder to file with the Secretary 
                a surety bond, insurance policy, or other type of 
                financial security approved by the Secretary, that will 
                pay an amount, not to exceed the amount of the 
                financial security, for loss of, or damage to, property 
                for which the freight forwarder provides service.
            ``(4) Minimum financial security.--Each freight forwarder 
        subject to the requirements of this section shall provide 
        financial security of $100,000, regardless of the number of 
        branch offices or sales agents of the freight forwarder.
            ``(5) Cancellation notice.--If a financial security 
        required under this subsection is canceled--
                    ``(A) the holder of the financial security shall 
                provide electronic notification to the Secretary of the 
                cancellation not later than 30 days before the 
                effective date of the cancellation; and
                    ``(B) the Secretary shall immediately post such 
                notification on the public Internet web site of the 
                Department of Transportation.
            ``(6) Suspension.--The Secretary shall immediately suspend 
        the registration of a freight forwarder issued under this 
        chapter if its available financial security falls below the 
        amount required under this subsection.
            ``(7) Payment of claims in cases of financial failure or 
        insolvency.--If a freight forwarder registered under this 
        chapter experiences financial failure or insolvency, the surety 
        provider of the freight forwarder shall--
                    ``(A) submit a notice to cancel the financial 
                security to the Administrator in accordance with 
                paragraph (5);
                    ``(B) publicly advertise for claims for 60 days 
                beginning on the date of publication by the Secretary 
                of the notice to cancel the financial security; and
                    ``(C) pay, not later than 30 days after the 
                expiration of the 60-day period for submission of 
                claims--
                            ``(i) all uncontested claims received 
                        during such period; or
                            ``(ii) a pro rata share of such claims if 
                        the total amount of such claims exceeds the 
                        financial security available.
            ``(8) Penalties.--
                    ``(A) Civil actions.--Either the Secretary or the 
                Attorney General may bring a civil action in an 
                appropriate district court of the United States to 
                enforce the requirements of this subsection or a 
                regulation prescribed or order issued under this 
                subsection. The court may award appropriate relief, 
                including injunctive relief.
                    ``(B) Civil penalties.--If the Secretary 
                determines, after notice and opportunity for a hearing, 
                that a surety provider of a freight forwarder 
                registered under this chapter has violated the 
                requirements of this subsection or a regulation 
                prescribed under this subsection, the surety provider 
                shall be liable to the United States for a civil 
                penalty in an amount not to exceed $10,000.
                    ``(C) Eligibility.--If the Secretary determines, 
                after notice and opportunity for a hearing, that a 
                surety provider of a freight forwarder registered under 
                this chapter has violated the requirements of this 
                subsection or a regulation prescribed under this 
                subsection, the surety provider shall be ineligible to 
                provide freight forwarder financial security for 3 
                years.
            ``(9) Financial security and insurance amount assessment.--
        Not less frequently than once every 5 years, the Secretary--
                    ``(A) shall review, with public notice and comment, 
                the amount of the financial security and insurance 
                required under this subsection to determine whether 
                such amounts are sufficient to provide adequate 
                financial security; and
                    ``(B) may increase such amounts, if necessary, 
                based upon the determination under subparagraph (A).''.
    (b) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue regulations to implement and 
enforce the requirements under subsections (b) and (c) of section 13906 
of title 49, United States Code, as amended by subsection (a).
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 1 year after the date of enactment of 
this Act.

SEC. 32920. UNLAWFUL BROKERAGE ACTIVITIES.

    (a) In General.--Chapter 149 is amended by adding at the end the 
following:
``Sec. 14916. Unlawful brokerage activities
    ``(a) Prohibited Activities.--Any person that acts as a broker, 
other than a non-vessel-operating common carrier (as defined in section 
40102(16) of title 46) or an ocean freight forwarder providing 
brokerage as part of an international through movement involving ocean 
transportation between the United States and a foreign port, is 
prohibited from providing interstate brokerage services as a broker 
unless that person--
            ``(1) is registered under, and in compliance with, section 
        13903; and
            ``(2) has satisfied the financial security requirements 
        under section 13904.
    ``(b) Civil Penalties and Private Cause of Action.--Any person who 
knowingly authorizes, consents to, or permits, directly or indirectly, 
either alone or in conjunction with any other person, a violation of 
subsection (a) is liable--
            ``(1) to the United States Government for a civil penalty 
        in an amount not to exceed $10,000 for each violation; and
            ``(2) to the injured party for all valid claims incurred 
        without regard to amount.
    ``(c) Liable Parties.--The liability for civil penalties and for 
claims under this section for unauthorized brokering shall apply, 
jointly and severally--
            ``(1) to any corporate entity or partnership involved; and
            ``(2) to the individual officers, directors, and principals 
        of such entities.''.
    (b) Clerical Amendment.--The analysis for chapter 149 is amended by 
adding at the end the following:

``14916. Unlawful brokerage activities.''.

                PART II--HOUSEHOLD GOODS TRANSPORTATION

SEC. 32921. ADDITIONAL REGISTRATION REQUIREMENTS FOR HOUSEHOLD GOODS 
              MOTOR CARRIERS.

    (a) Section 13902(a)(2) is amended--
            (1) in subparagraph (B), by striking ``section 13702(c);'' 
        and inserting ``section 13702(c); and'';
            (2) by amending subparagraph (C) to read as follows:
                    ``(C) demonstrates, before being registered, 
                through successful completion of a proficiency 
                examination established by the Secretary, knowledge and 
                intent to comply with applicable Federal laws relating 
                to consumer protection, estimating, consumers' rights 
                and responsibilities, and options for limitations of 
                liability for loss and damage.''; and
            (3) by striking subparagraph (D).
    (b) Compliance Reviews of New Household Goods Motor Carriers.--
Section 31144(g), as amended by section 32102 of this Act, is amended 
by adding at the end the following:
            ``(6) Additional requirements for household goods motor 
        carriers.--(A) In addition to the requirements of this 
        subsection, the Secretary shall require, by regulation, each 
        registered household goods motor carrier to undergo a consumer 
        protection standards review not later than 18 months after the 
        household goods motor carrier begins operations under such 
        authority.
                    ``(B) Elements.--In the regulations issued pursuant 
                to subparagraph (A), the Secretary shall establish the 
                elements of the consumer protections standards review, 
                including basic management controls. In establishing 
                the elements, the Secretary shall consider the effects 
                on small businesses and shall consider establishing 
                alternate locations where such reviews may be conducted 
                for the convenience of small businesses.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of enactment of this Act.

SEC. 32922. FAILURE TO GIVE UP POSSESSION OF HOUSEHOLD GOODS.

    (a) Injunctive Relief.--Section 14704(a)(1) is amended by striking 
``and 14103'' and inserting ``, 14103, and 14915(c)''.
    (b) Civil Penalties.--Section 14915(a)(1) is amended by adding at 
the end the following:
    ``The United States may assign all or a portion of the civil 
penalty to an aggrieved shipper. The Secretary of Transportation shall 
establish criteria upon which such assignments shall be made. The 
Secretary may order, after notice and an opportunity for a proceeding, 
that a person found holding a household goods shipment hostage return 
the goods to an aggrieved shipper.''.

SEC. 32923. SETTLEMENT AUTHORITY.

    (a) Settlement of General Civil Penalties.--Section 14901 is 
amended by adding at the end the following:
    ``(h) Settlement of Household Goods Civil Penalties.--Nothing in 
this section shall be construed to prohibit the Secretary from 
accepting partial payment of a civil penalty as part of a settlement 
agreement in the public interest, or from holding imposition of any 
part of a civil penalty in abeyance.''.
    (b) Settlement of Household Goods Civil Penalties.--Section 
14915(a) is amended by adding at the end the following:
            ``(4) Settlement authority.--Nothing in this section shall 
        be construed as prohibiting the Secretary from accepting 
        partial payment of a civil penalty as part of a settlement 
        agreement in the public interest, or from holding imposition of 
        any part of a civil penalty in abeyance.''.

SEC. 32924. HOUSEHOLD GOODS TRANSPORTATION ASSISTANCE PROGRAM.

    (a) Joint Assistance Program.--Not later than 18 months after the 
date of enactment of this Act, the Secretary shall develop and 
implement a joint assistance program, through the Federal Motor Carrier 
Safety Administration--
            (1) to educate consumers about the household goods motor 
        carrier industry pursuant to the recommendations of the task 
        force established under section 32925 of this Act;
            (2) to improve the Federal Motor Carrier Safety 
        Administration's implementation, monitoring, and coordination 
        of Federal and State household goods enforcement activities;
            (3) to assist a consumer with the timely resolution of an 
        interstate household goods hostage situation, as appropriate; 
        and
            (4) to conduct other enforcement activities as designated 
        by the Secretary.
    (b) Joint Assistance Program Partnership.--The Secretary--
            (1) may partner with 1 or more household goods motor 
        carrier industry groups to implement the joint assistance 
        program under subsection (a); and
            (2) shall ensure that each participating household goods 
        motor carrier industry group--
                    (A) implements the joint assistance program in the 
                best interest of the consumer;
                    (B) implements the joint assistance program in the 
                public interest;
                    (C) accurately represents its financial interests 
                in providing household goods mover services in the 
                normal course of business and in assisting consumers 
                resolving hostage situations;
                    (D) does not hold itself out or misrepresent itself 
                as an agent of the Federal government;
                    (E) abides by Federal regulations and guidelines 
                for the provision of assistance and receipt of 
                compensation for household goods mover services; and
                    (F) accurately represents the Federal and State 
                remedies that are available to consumers for resolving 
                interstate household goods hostage situations.
    (c) Report.--The Secretary shall submit a report annually to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives providing a detailed description of the joint 
assistance program under subsection (a).
    (d) Prohibition.--The joint assistance program under subsection (a) 
may not include the provision of funds by the United States to a 
consumer for lost, stolen, or damaged items.

SEC. 32925. HOUSEHOLD GOODS CONSUMER EDUCATION PROGRAM.

    (a) Task Force.--The Secretary of Transportation shall establish a 
task force to develop recommendations to ensure that a consumer is 
informed of Federal law concerning the transportation of household 
goods by a motor carrier, including recommendations--
            (1) on how to condense publication ESA 03005 of the Federal 
        Motor Carrier Safety Administration into a format that can be 
        more easily used by a consumer; and
            (2) on the use of state-of-the-art education techniques and 
        technologies, including the use of the Internet as an 
        educational tool.
    (b) Task Force Members.--The task force shall be comprised of--
            (1) individuals with expertise in consumer affairs;
            (2) educators with expertise in how people learn most 
        effectively; and
            (3) representatives of the household goods moving industry.
    (c) Recommendations.--Not later than 1 year after the date of 
enactment of this Act, the task force shall complete its 
recommendations under subsection (a). Not later than 1 year after the 
task force completes its recommendations under subsection (a), the 
Secretary shall issue regulations implementing the recommendations, as 
appropriate.
    (d) Federal Advisory Committee Act Exemption.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the task force.
    (e) Termination.--The task force shall terminate 2 years after the 
date of enactment of this Act.

                     PART III--TECHNICAL AMENDMENTS

SEC. 32931. UPDATE OF OBSOLETE TEXT.

    (a) Section 31137(e), as redesignated by section 32301 of this Act, 
is amended by striking ``Not later than December 1, 1990, the Secretary 
shall prescribe'' and inserting ``The Secretary shall maintain''.
    (b) Section 31151(a) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary of Transportation shall 
        maintain a program to ensure that intermodal equipment used to 
        transport intermodal containers is safe and systematically 
        maintained.''; and
            (2) by striking paragraph (4).
    (c) Section 31307(b) is amended by striking ``Not later than 
December 18, 1994, the Secretary shall prescribe'' and inserting ``The 
Secretary shall maintain''.
    (d) Section 31310(g)(1) is amended by striking ``Not later than 1 
year after the date of enactment of this Act, the'' and inserting 
``The''.
    (e) Section 4123(f) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (119 Stat. 1736), is 
amended by striking ``Not later than 1 year after the date of enactment 
of this Act, the'' and inserting ``The''.

SEC. 32932. CORRECTION OF INTERSTATE COMMERCE COMMISSION REFERENCES.

    (a) Safety Information and Intervention in Interstate Commerce 
Commission Proceedings.--Chapter 3 is amended--
            (1) by repealing section 307;
            (2) in the analysis, by striking the item relating to 
        section 307;
            (3) in section 333(d)(1)(C), by striking ``Interstate 
        Commerce Commission'' and inserting ``Surface Transportation 
        Board''; and
            (4) in section 333(e)--
                    (A) by striking ``Interstate Commerce Commission'' 
                and inserting ``Surface Transportation Board''; and
                    (B) by striking ``Commission'' and inserting 
                ``Board''.
    (b) Filing and Procedure for Application to Abandon or 
Discontinue.--Section 10903(b)(2) is amended by striking ``24706(c) of 
this title'' and inserting ``24706(c) of this title before May 31, 
1998''.
    (c) Technical Amendments to Part C of Subtitle V.--
            (1) Section 24307(b)(3) is amended by striking ``Interstate 
        Commerce Commission'' and inserting ``Surface Transportation 
        Board''.
            (2) Section 24311 is amended--
                    (A) by striking ``Interstate Commerce Commission'' 
                and inserting ``Surface Transportation Board'';
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Board''; and
                    (C) by striking ``Commission's'' and inserting 
                ``Board's''.
            (3) Section 24902 is amended--
                    (A) by striking ``Interstate Commerce Commission'' 
                each place it appears and inserting ``Surface 
                Transportation Board''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Board''.
            (4) Section 24904 is amended--
                    (A) by striking ``Interstate Commerce Commission'' 
                and inserting ``Surface Transportation Board''; and
                    (B) by striking ``Commission'' each place it 
                appears and inserting ``Board''.

SEC. 32933. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Section 13905(f)(1)(A) is amended by striking ``section 
13904(c)'' and inserting ``section 13904(e)'';
    (b) Section 14504a(c)(1) is amended--
            (1) in subparagraph (C), by striking ``sections'' and 
        inserting ``section''; and
            (2) in subparagraph (D)(ii)(II) by striking the period at 
        the end and inserting ``; and''.
    (c) Section 31103(a) is amended by striking ``section 
31102(b)(1)(E)'' and inserting ``section 31102(b)(2)(E)''.
    (d) Section 31103(b) is amended by striking ``authorized by section 
31104(f)(2)''.
    (e) Section 31309(b)(2) is amended by striking ``31308(2)'' and 
inserting ``31308(3)''.

    TITLE III--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2012

SEC. 33001. SHORT TITLE.

    This title may be cited as the ``Surface Transportation and Freight 
Policy Act of 2012''.

SEC. 33002. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION AND 
              FREIGHT POLICY.

    (a) In General.--Subchapter I of chapter 3 of title 49, United 
States Code, as amended by section 32932 of the Commercial Motor 
Vehicle Safety Enhancement Act of 2012, is amended--
            (1) by redesignating sections 304 through 306 as sections 
        307 through 309, respectively;
            (2) by redesignating sections 308 and 309 as sections 310 
        and 311, respectively;
            (3) by redesignating sections 303 and 303a as sections 305 
        and 306, respectively; and
            (4) by inserting after section 302 the following:
``Sec. 303. National surface transportation policy
    ``(a) Policy.--It is the policy of the United States to develop a 
comprehensive national surface transportation system that advances the 
national interest and defense, interstate and foreign commerce, the 
efficient and safe interstate mobility of people and goods, and the 
protection of the environment. The system shall be built, maintained, 
managed, and operated as a partnership between the Federal, State, and 
local governments and the private sector and shall be coordinated with 
the overall transportation system of the United States, including the 
Nation's air, rail, pipeline, and water transportation systems. The 
Secretary of Transportation shall be responsible for carrying out this 
policy.
    ``(b) Objectives.--The objectives of the policy shall be to 
facilitate and advance--
            ``(1) the improved accessibility and reduced travel times 
        for persons and goods within and between nations, regions, 
        States, and metropolitan areas;
            ``(2) the safety of the public;
            ``(3) the security of the Nation and the public;
            ``(4) environmental protection;
            ``(5) energy conservation and security, including reducing 
        transportation-related energy use;
            ``(6) international and interstate freight movement, trade 
        enhancement, job creation, and economic development;
            ``(7) responsible planning to address population 
        distribution and employment and sustainable development;
            ``(8) the preservation and adequate performance of system-
        critical transportation assets, as defined by the Secretary;
            ``(9) reasonable access to the national surface 
        transportation system for all system users, including rural 
        communities;
            ``(10) the sustainable and adequate financing of the 
        national surface transportation system; and
            ``(11) innovation in transportation services, 
        infrastructure, and technology.
    ``(c) Goals.--
            ``(1) Specific goals.--The goals of the policy shall be--
                    ``(A) to reduce average per capita peak period 
                travel times on an annual basis;
                    ``(B) to reduce national motor vehicle-related and 
                truck-related fatalities by 50 percent by 2030;
                    ``(C) to reduce national surface transportation 
                delays per capita on an annual basis;
                    ``(D) to improve the access to employment 
                opportunities and other economic activities;
                    ``(E) to increase the percentage of system-critical 
                surface transportation assets, as defined by the 
                Secretary, that are in a state of good repair by 20 
                percent by 2030;
                    ``(F) to improve access to public transportation, 
                intercity passenger rail services, and non-motorized 
                transportation where travel demand warrants;
                    ``(G) to reduce passenger and freight 
                transportation infrastructure-related delays entering 
                into and out of international points of entry on an 
                annual basis;
                    ``(H) to increase travel time reliability on major 
                freight corridors that connect major population centers 
                to freight generators and international gateways on an 
                annual basis;
                    ``(I) to ensure adequate transportation of domestic 
                energy supplies and promote energy security;
                    ``(J) to maintain or reduce the percentage of gross 
                domestic product consumed by transportation costs; and
                    ``(K) to reduce transportation-related impacts on 
                the environment and on communities.
            ``(2) Baselines.--Not later than 2 years after the date of 
        enactment of the Surface Transportation and Freight Policy Act 
        of 2012, the Secretary shall develop baselines for the goals 
        and shall determine appropriate methods of data collection to 
        measure the attainment of the goals.''.
    (b) Freight Policy.--Subchapter I of chapter 3 of title 49, United 
States Code, as amended by section 33002(a) of this Act, is amended by 
adding at the end the following:
``Sec. 312. National freight transportation policy.
    ``(a) National Freight Transportation Policy.--It is the policy of 
the United States to improve the efficiency, operation, and security of 
the national transportation system to move freight by leveraging 
investments and promoting partnerships that advance interstate and 
foreign commerce, promote economic competitiveness and job creation, 
improve the safe and efficient mobility of goods, and protect the 
public health and the environment.
    ``(b) Objectives.--The objectives of the policy are--
            ``(1) to target investment in freight transportation 
        projects that strengthen the economic competitiveness of the 
        United States with a focus on domestic industries and 
        businesses and the creation and retention of high-value jobs;
            ``(2) to promote and advance energy conservation and the 
        environmental sustainability of freight movements;
            ``(3) to facilitate and advance the safety and health of 
        the public, including communities adjacent to freight 
        movements;
            ``(4) to provide for systematic and balanced investment to 
        improve the overall performance and reliability of the national 
        transportation system to move freight, including ensuring trade 
        facilitation and transportation system improvements are 
        mutually supportive;
            ``(5) to promote partnerships between Federal, State, and 
        local governments, the private sector, and other transportation 
        stakeholders to leverage investments in freight transportation 
        projects; and
            ``(6) to encourage adoption of operational policies, such 
        as intelligent transportation systems, to improve the 
        efficiency of freight-related transportation movements and 
        infrastructure.''.
    (c) Conforming Amendments.--The table of contents for chapter 3 of 
title 49, United States Code, is amended--
            (1) by redesignating the items relating to sections 304 
        through 306 as sections 307 through 309, respectively;
            (2) by redesignating the items relating to sections 308 and 
        309 as sections 310 and 311, respectively;
            (3) by redesignating the items relating to sections 303 and 
        303a as sections 305 and 306, respectively;
            (4) by inserting after the item relating to section 302 the 
        following:

``303. National surface transportation policy.''; and
            (5) by inserting after the item relating to section 311 the 
        following:

``312. National freight transportation policy.''.

SEC. 33003. SURFACE TRANSPORTATION AND FREIGHT STRATEGIC PLAN.

    (a) Surface Transportation and Freight Strategic Plan.--Subchapter 
I of chapter 3 of title 49, United States Code, as amended by section 
33002 of this Act, is amended by inserting after section 303 the 
following--
``Sec. 304. National surface transportation and freight strategic 
              performance plan.
    ``(a) Development.--Not later than 2 years after the date of 
enactment of the Surface Transportation and Freight Policy Act of 2012, 
the Secretary of Transportation shall develop and implement a National 
Surface Transportation and Freight Performance Plan to achieve the 
policy, objectives, and goals set forth in sections 303 and 312.
    ``(b) Contents.--The plan shall include--
            ``(1) an assessment of the current performance of the 
        national surface transportation system and an analysis of the 
        system's ability to achieve the policy, objectives, and goals 
        set forth in sections 303 and 312;
            ``(2) an analysis of emerging and long-term projected 
        trends, including economic and national trade policies, that 
        will impact the performance, needs, and uses of the national 
        surface transportation system, including the system to move 
        freight;
            ``(3) a description of the major challenges to effectively 
        meeting the policy, objectives, and goals set forth in sections 
        303 and 312 and a plan to address such challenges;
            ``(4) a comprehensive strategy and investment plan to meet 
        the policy, objectives, and goals set forth in sections 303 and 
        312, including a strategy to develop the coalitions, 
        partnerships, and other collaborative financing efforts 
        necessary to ensure stable, reliable funding and completion of 
        freight corridors and projects;
            ``(5) initiatives to improve transportation modeling, 
        research, data collection, and analysis, including those to 
        assess impacts on public health, and environmental conditions;
            ``(6) guidelines to encourage the appropriate balance of 
        means to finance the national transportation system to move 
        freight to implement the plan and the investment plan proposed 
        under paragraph (4); and
            ``(7) a list of priority freight corridors and gateways to 
        be improved and developed to meet the policy, objectives, and 
        goals set forth in section 312.
    ``(c) Consultation.--In developing the plan required by subsection 
(a), the Secretary shall--
            ``(1) consult with appropriate Federal agencies, local, 
        State, and tribal governments, public and private 
        transportation stakeholders, non-profit organizations 
        representing transportation employees, appropriate foreign 
        governments, and other interested parties;
            ``(2) consider on-going Federal, State, and corridor-wide 
        transportation plans;
            ``(3) provide public notice and hearings and solicit public 
        comments on the plan, and
            ``(4) as appropriate, establish advisory committees to 
        assist with developing the plan.
    ``(d) Submittal and Publication.--The Secretary shall--
            ``(1) submit the completed plan to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives; and
            ``(2) post the completed plan on the Department of 
        Transportation's public web site.
    ``(e) Progress Reports.--The Secretary shall submit biennial 
progress reports on the implementation of the plan beginning 2 years 
after the date of submittal of the plan under subsection (d)(1). Each 
progress report shall--
            ``(1) describe progress made toward fully implementing the 
        plan and achieving the policies, objectives, and goals 
        established under sections 303 and 312;
            ``(2) describe challenges and obstacles to full 
        implementation;
            ``(3) describe updates to the plan necessary to reflect 
        changed circumstances or new developments; and
            ``(4) make policy and legislative recommendations the 
        Secretary believes are necessary and appropriate to fully 
        implement the plan.
    ``(f) Data.--The Secretary shall have the authority to conduct 
studies, gather information, and require the production of data 
necessary to develop or update this plan, consistent with Federal 
privacy standards.
    ``(g) Implementation.--The Secretary shall--
            ``(1) develop appropriate performance criteria and data 
        collections systems for each Federal surface transportation 
        program consistent with this chapter and the Secretary's 
        statutory authority within these programs to evaluate:
                    ``(A) whether such programs are consistent with the 
                policy, objectives, and goals established by sections 
                303 and 312; and
                    ``(B) how effective such programs are in 
                contributing to the achievement of the policy, 
                objectives, and goals established by sections 303 and 
                312;
            ``(2) using the criteria developed under paragraph (1), 
        periodically evaluate each such program and provide the results 
        to the public;
            ``(3) based on the evaluation performed under paragraph 
        (2), make any necessary changes or improvements to such 
        programs to ensure such consistency and effectiveness 
        consistent with the Secretary's statutory authority within 
        these programs;
            ``(4) implement this section in a manner that is consistent 
        with sections 302, 5301, 5503, 10101, and 13101 of this title 
        and section 101 of title 23;
            ``(5) review all relevant surface transportation planning 
        requirements to determine whether such regional, State, and 
        local surface transportation planning efforts funded with 
        Federal funds are consistent with the policy, objectives, and 
        goals established by this section; and
            ``(6) require States and metropolitan planning 
        organizations to report on the use of Federal surface 
        transportation funds, consistent with ongoing reporting 
        requirements, to provide the Secretary with sufficient 
        information to determine--
                    ``(A) which projects and priorities were funded 
                with such funds;
                    ``(B) the rationale and method employed for 
                apportioning such funds to the projects and priorities; 
                and
                    ``(C) how the obligation of such funds is 
                consistent with or advances the policy, objectives, and 
                goals established by sections 303 and 312 and the 
                statutory sections referenced in paragraph (4).''.
    (b) Conforming Amendment.--The table of contents for chapter 3 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 303 the following:

``304. National surface transportation and freight strategic 
                            performance plan.''.

SEC. 33004. TRANSPORTATION INVESTMENT DATA AND PLANNING TOOLS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall--
            (1) develop new tools or improve existing tools to support 
        an outcome-oriented, performance-based approach to evaluate 
        proposed freight-related and other surface transportation 
        projects. These new or improved tools shall include--
                    (A) a systematic cost-benefit analysis that 
                supports a valuation of modal alternatives;
                    (B) an evaluation of external effects on 
                congestion, pollution, the environment, and the public 
                health; and
                    (C) other elements to assist in effective 
                transportation planning; and
            (2) facilitate the collection of transportation-related 
        data to support a broad range of evaluation methods and 
        techniques such as demand forecasts, modal diversion forecasts, 
        estimates of the effect of proposed investments on congestion, 
        pollution, public health, and other factors, to assist in 
        making transportation investment decisions. At a minimum, the 
        Secretary, in consultation with other relevant Federal 
        agencies, shall consider any improvements to the Commodity Flow 
        Survey that reduce identified freight data gaps and 
        deficiencies and help evaluate forecasts of transportation 
        demand.
    (b) Consultation.--To the extent practicable, the Secretary shall 
consult with Federal, State, and local transportation planners to 
develop, improve, and implement the tools and collect the data under 
subsection (a).
    (c) Establishment of Pilot Program.--
            (1) Establishment.--To assist in the development of tools 
        under subsection (a) and to inform the National Surface 
        Transportation and Freight Performance Plan required by section 
        304 of title 49, United States Code, the Secretary shall 
        establish a pilot program under which the Secretary shall 
        conduct case studies of States and metropolitan planning 
        organizations that are designed--
                    (A) to provide more detailed, in-depth analysis and 
                data collection with respect to transportation 
                programs; and
                    (B) to apply rigorous methods of measuring and 
                addressing the effectiveness of program participants in 
                achieving national transportation goals.
            (2) Preliminary requirements.--
                    (A) Solicitation.--The Secretary shall solicit 
                applications to participate in the pilot program from 
                States and metropolitan planning organizations.
                    (B) Notification.--A State or metropolitan planning 
                organization that desires to participate in the pilot 
                program shall notify the Secretary of such desire 
                before a date determined by the Secretary.
                    (C) Selection.--
                            (i) Number of program participants.--The 
                        Secretary shall select to participate in the 
                        pilot program--
                                    (I) not fewer than 3, and not more 
                                than 5, States; and
                                    (II) not fewer than 3, and not more 
                                than 5, metropolitan planning 
                                organizations.
                            (ii) Timing.--The Secretary shall select 
                        program participants not later than 3 months 
                        after the date of enactment of this Act.
                            (iii) Diversity of program participants.--
                        The Secretary shall, to the extent practicable, 
                        select program participants that represent a 
                        broad range of geographic and demographic areas 
                        (including rural and urban areas) and types of 
                        transportation programs.
    (d) Case Studies.--
            (1) Baseline report.--Not later than 6 months after the 
        date of enactment of this Act, each program participant shall 
        submit to the Secretary a baseline report that--
                    (A) describes the reporting and data collection 
                processes of the program participant for transportation 
                investments that are in effect on the date of the 
                report;
                    (B) assesses how effective the program participant 
                is in achieving the national surface transportation 
                goals in section 303 of title 49, United States Code;
                    (C) describes potential improvements to the methods 
                and metrics used to measure the effectiveness of the 
                program participant in achieving national surface 
                transportation goals in section 303 of title 49, United 
                States Code, and the challenges to implementing such 
                improvements; and
                    (D) includes an assessment of whether, and specific 
                reasons why, the preparation and submission of the 
                baseline report may be limited, incomplete, or unduly 
                burdensome, including any recommendations for 
                facilitating the preparation and submission of similar 
                reports in the future.
            (2) Evaluation.--Each program participant shall work 
        cooperatively with the Secretary to evaluate the methods and 
        metrics used to measure the effectiveness of the program 
        participant in achieving national surface transportation goals 
        in section 303 of title 49, United States Code, including--
                    (A) by considering the degree to which such methods 
                and metrics take into account--
                            (i) the factors that influence the 
                        effectiveness of the program participant in 
                        achieving the national surface transportation 
                        goals;
                            (ii) all modes of transportation; and
                            (iii) the transportation program as a 
                        whole, rather than individual projects within 
                        the transportation program; and
                    (B) by identifying steps that could be used to 
                implement the potential improvements identified under 
                paragraph (1)(C).
            (3) Final report.--Not later than 18 months after the date 
        of enactment of this section, each program participant shall 
        submit to the Secretary a comprehensive final report that--
                    (A) contains an updated assessment of the 
                effectiveness of the program participant in achieving 
                national surface transportation goals under section 303 
                of title 49, United States Code; and
                    (B) describes the ways in which the performance of 
                the program participant in collecting and reporting 
                data and carrying out the transportation program of the 
                program participant has improved or otherwise changed 
                since the date of submission of the baseline report 
                under subparagraph (A).

SEC. 33005. PORT INFRASTRUCTURE DEVELOPMENT INITIATIVE.

    Section 50302(c)(3)(C) of title 46, United States Code, is amended 
to read as follows:
                    ``(C) Transfers.--Amounts appropriated or otherwise 
                made available for any fiscal year for a marine 
                facility or intermodal facility that includes maritime 
                transportation may be transferred, at the option of the 
                recipient of such amounts, to the Fund and administered 
                by the Administrator as a component of a project under 
                the program.''.

SEC. 33006. SAFETY FOR MOTORIZED AND NONMOTORIZED USERS.

    (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 413. Safety for motorized and nonmotorized users
    ``(a) In General.--Not later than 2 years after the date of 
enactment of the Surface Transportation and Freight Policy Act of 2012, 
subject to subsection (b), the Secretary shall establish standards to 
ensure that the design of Federal surface transportation projects 
provides for the safe and adequate accommodation, in all phases of 
project planning, development, and operation, of all users of the 
transportation network, including motorized and nonmotorized users.
    ``(b) Waiver for State Law or Policy.--The Secretary may waive the 
application of standards established under subsection (a) to a State 
that has adopted a law or policy that provides for the safe and 
adequate accommodation as certified by the State (or other grantee), in 
all phases of project planning and development, of users of the 
transportation network on federally funded surface transportation 
projects, as determined by the Secretary.
    ``(c) Compliance.--
            ``(1) In general.--Each State department of transportation 
        shall submit to the Secretary, at such time, in such manner, 
        and containing such information as the Secretary shall require, 
        a report describing the implementation by the State of measures 
        to achieve compliance with this section.
            ``(2) Determination by secretary.--On receipt of a report 
        under paragraph (1), the Secretary shall determine whether the 
        applicable State has achieved compliance with this section.''.
    (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by adding at the end the following:

``413. Safety for motorized and nonmotorized users.''.

SEC. 33007. BUY AMERICA WAIVER REQUIREMENTS.

    (a) Notice and Comment Opportunities.--
            (1) In general.--If the Secretary receives a request for a 
        waiver under section 313(b) of title 23, United States Code, or 
        under section 24305(f)(4) or 24405(a)(2) of title 49, United 
        States Code, the Secretary shall provide notice of, and an 
        opportunity for public comment on, the request not later than 
        15 days before making a finding based on such request.
            (2) Notice requirements.--Each notice provided under 
        paragraph (1)--
                    (A) shall include the information available to the 
                Secretary concerning the request, including the 
                requestor's justification for such request; and
                    (B) shall be provided electronically, including on 
                the official public Internet website of the Department.
            (3) Publication of detailed justification.--If the 
        Secretary issues a waiver pursuant to the authority granted 
        under a provision referenced in paragraph (1), the Secretary 
        shall publish, in the Federal Register, a detailed 
        justification for the waiver that--
                    (A) addresses the public comments received under 
                paragraph (1); and
                    (B) is published before the waiver takes effect.
    (b) Consistency With International Agreements.--This section shall 
be applied in a manner that is consistent with United States 
obligations under relevant international agreements.
    (c) Review of Nationwide Waivers.--Not later than 1 year after the 
date of the enactment of the Moving Ahead for Progress in the 21st 
Century Act, and at least once every 5 years thereafter, the Secretary 
shall review each standing nationwide waiver issued pursuant to the 
authority granted under any of the provisions referenced in paragraph 
(1) to determine whether continuing such waiver is necessary.
    (d) Buy America Reporting.--Section 308 of title 49, United States 
Code, is amended by inserting after subsection (c) the following:
    ``(d) Not later than February 1, 2013, and annually thereafter, the 
Secretary shall submit a report to Congress that--
            ``(1) specifies each highway, public transportation, or 
        railroad project for which the Secretary issued a waiver from a 
        Buy America requirement pursuant to the authority granted under 
        section 313(b) of title 23, United States Code, or under 
        section 24305(f)(4) or 24405(a)(2) of title 49, United States 
        Code, during the preceding calendar year;
            ``(2) identifies the country of origin and product 
        specifications for the steel, iron, or manufactured goods 
        acquired pursuant to each of the waivers specified under 
        paragraph (1); and
            ``(3) summarizes the monetary value of contracts awarded 
        pursuant to each such waiver.''.

SEC. 33008. MAKE IT IN AMERICA INITIATIVE.

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

SEC. 33009. CAPACITY-BUILDING FOR NATURAL DISASTERS AND EXTREME 
              WEATHER.

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

SEC. 33010. TOLL FAIRNESS STUDY.

    (a) Review.--As soon as practicable after the date of the enactment 
of this Act, the Comptroller General of the United States shall conduct 
a review of toll rate setting practices by selected interstate tolling 
authorities--
            (1) over any bridge constructed under the Act of March 23, 
        1906 (33 U.S.C. 491 et seq.) (commonly known as the Bridge Act 
        of 1906), the General Bridge Act of 1946 (33 U.S.C. 525 et 
        seq.), or the International Bridge Act of 1972 (33 U.S.C. 535 
        et seq.); and
            (2) over or through any bridge or tunnel constructed on a 
        Federal-aid highway (as defined in section 101(a) of title 23, 
        United States Code).
    (b) Evaluation.--The review under subsection (a) shall include an 
evaluation of--
            (1) the extent to which the use of tolling revenue by 
        interstate authorities is consistent with their mandates; and
            (2) the transparency and accountability of the funding and 
        management decisions by those authorities.
    (c) Report to Congress.--The Comptroller General of the United 
States shall submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives that contains--
            (1) the results of the review conducted under this section; 
        and
            (2) any appropriate recommendations.

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

SEC. 34001. SHORT TITLE.

    This title may be cited as the ``Hazardous Materials Transportation 
Safety Improvement Act of 2012''.

SEC. 34002. DEFINITION.

    In this title, the term ``Secretary'' means the Secretary of 
Transportation.

SEC. 34003. REFERENCES TO TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 34004. TRAINING FOR EMERGENCY RESPONDERS.

    (a) Training Curriculum.--Section 5115 is amended--
            (1) in subsection (b)(1)(B), by striking ``basic'';
            (2) in subsection (b)(2), by striking ``basic''; and
            (3) in subsection (c), by striking ``basic''.
    (b) Operations Level Training.--Section 5116 is amended--
            (1) in subsection (b)(1), by adding at the end the 
        following: ``To the extent that a grant is used to train 
        emergency responders, the State or Indian tribe shall provide 
        written certification to the Secretary that the emergency 
        responders who receive training under the grant will have the 
        ability to protect nearby persons, property, and the 
        environment from the effects of accidents or incidents 
        involving the transportation of hazardous material in 
        accordance with existing regulations or National Fire 
        Protection Association standards for competence of responders 
        to hazardous materials.'';
            (2) in subsection (j)--
                    (A) by redesignating paragraph (5) as paragraph 
                (7); and
                    (B) by inserting after paragraph (4) the following:
            ``(5) The Secretary may not award a grant to an 
        organization under this subsection unless the organization 
        ensures that emergency responders who receive training under 
        the grant will have the ability to protect nearby persons, 
        property, and the environment from the effects of accidents or 
        incidents involving the transportation of hazardous material in 
        accordance with existing regulations or National Fire 
        Protection Association standards for competence of responders 
        to hazardous materials.
            ``(6) Notwithstanding paragraphs (1) and (3), to the extent 
        determined appropriate by the Secretary, a grant awarded by the 
        Secretary to an organization under this subsection to conduct 
        hazardous material response training programs may be used to 
        train individuals with responsibility to respond to accidents 
        and incidents involving hazardous material.''; and
            (3) in subsection (k)--
                    (A) by striking ``annually'' and inserting ``an 
                annual report'';
                    (B) by inserting ``the report'' after ``make 
                available'';
                    (C) by striking ``information'' and inserting ``. 
                The report submitted under this subsection shall 
                include information''; and
                    (D) by striking ``The report shall identify'' and 
                all that follows and inserting the following: ``The 
                report submitted under this subsection shall identify 
                the ultimate recipients of such grants and include--
                    ``(A) a detailed accounting and description of each 
                grant expenditure by each grant recipient, including 
                the amount of, and purpose for, each expenditure;
                    ``(B) the number of persons trained under the grant 
                program, by training level;
                    ``(C) an evaluation of the efficacy of such 
                planning and training programs; and
                    ``(D) any recommendations the Secretary may have 
                for improving such grant programs.''.

SEC. 34005. PAPERLESS HAZARD COMMUNICATIONS PILOT PROGRAM.

    (a) In General.--The Secretary may conduct pilot projects to 
evaluate the feasibility and effectiveness of using paperless hazard 
communications systems. At least 1 of the pilot projects under this 
section shall take place in a rural area.
    (b) Requirements.--In conducting pilot projects under this section, 
the Secretary--
            (1) may not waive the requirements under section 5110 of 
        title 49, United States Code; and
            (2) shall consult with organizations representing--
                    (A) fire services personnel;
                    (B) law enforcement and other appropriate 
                enforcement personnel;
                    (C) other emergency response providers;
                    (D) persons who offer hazardous material for 
                transportation;
                    (E) persons who transport hazardous material by 
                air, highway, rail, and water; and
                    (F) employees of persons who transport or offer for 
                transportation hazardous material by air, highway, 
                rail, and water.
    (c) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall--
            (1) prepare a report on the results of the pilot projects 
        carried out under this section, including--
                    (A) a detailed description of the pilot projects;
                    (B) an evaluation of each pilot project, including 
                an evaluation of the performance of each paperless 
                hazard communications system in such project;
                    (C) an assessment of the safety and security impact 
                of using paperless hazard communications systems, 
                including any impact on the public, emergency response, 
                law enforcement, and the conduct of inspections and 
                investigations; and
                    (D) a recommendation on whether paperless hazard 
                communications systems should be permanently 
                incorporated into the Federal hazardous material 
                transportation safety program under chapter 51 of title 
                49, United States Code; and
            (2) submit a final report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives that contains the results of the pilot projects 
        carried out under this section, including the matters described 
        in paragraph (1).
    (d) Paperless Hazard Communications System Defined.--In this 
section, the term ``paperless hazard communications system'' means the 
use of advanced communications methods, such as wireless communications 
devices, to convey hazard information between all parties in the 
transportation chain, including emergency responders and law 
enforcement personnel. The format of communication may be equivalent to 
that used by the carrier.

SEC. 34006. IMPROVING DATA COLLECTION, ANALYSIS, AND REPORTING.

    (a) Assessment.--
            (1) In general.--Not later than 6 months after the date of 
        the enactment of this Act, the Secretary, in coordination with 
        the Secretary of Homeland Security, as appropriate, shall 
        conduct an assessment to improve the collection, analysis, 
        reporting, and use of data related to accidents and incidents 
        involving the transportation of hazardous material.
            (2) Review.--The assessment conducted under this subsection 
        shall review the methods used by the Pipeline and Hazardous 
        Materials Safety Administration (referred to in this section as 
        the ``Administration'') for collecting, analyzing, and 
        reporting accidents and incidents involving the transportation 
        of hazardous material, including the adequacy of--
                    (A) information requested on the accident and 
                incident reporting forms required to be submitted to 
                the Administration;
                    (B) methods used by the Administration to verify 
                that the information provided on such forms is accurate 
                and complete;
                    (C) accident and incident reporting requirements, 
                including whether such requirements should be expanded 
                to include shippers and consignees of hazardous 
                materials;
                    (D) resources of the Administration related to data 
                collection, analysis, and reporting, including staff 
                and information technology; and
                    (E) the database used by the Administration for 
                recording and reporting such accidents and incidents, 
                including the ability of users to adequately search the 
                database and find information.
    (b) Development of Action Plan.--Not later than 9 months after the 
date of the enactment of this Act, the Secretary shall develop an 
action plan and timeline for improving the collection, analysis, 
reporting, and use of data by the Administration, including revising 
the database of the Administration, as appropriate.
    (c) Submission to Congress.--Not later than 15 days after the 
completion of the action plan and timeline under subsection (c), the 
Secretary shall submit the action plan and timeline to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.
    (d) Reporting Requirements.--Section 5125(b)(1)(D) is amended by 
inserting ``and other hazardous materials transportation incident 
reporting to the 9-1-1 emergency system or involving State or local 
emergency responders in the initial response to the incident'' before 
the period at the end.

SEC. 34007. LOADING AND UNLOADING OF HAZARDOUS MATERIALS.

    (a) Rulemaking.--Not later than 2 years after date of the enactment 
of this Act, the Secretary, after consultation with the Department of 
Labor and the Environmental Protection Agency, as appropriate, and 
after providing notice and an opportunity for public comment shall 
prescribe regulations establishing uniform procedures among facilities 
for the safe loading and unloading of hazardous materials on and off 
tank cars and cargo tank trucks.
    (b) Inclusion.--The regulations prescribed under subsection (a) may 
include procedures for equipment inspection, personnel protection, and 
necessary safeguards.
    (c) Consideration.--In prescribing regulations under subsection 
(a), the Secretary shall give due consideration to carrier rules and 
procedures that produce an equivalent level of safety.

SEC. 34008. HAZARDOUS MATERIAL TECHNICAL ASSESSMENT, RESEARCH AND 
              DEVELOPMENT, AND ANALYSIS PROGRAM.

    (a) In General.--Chapter 51 is amended by inserting after section 
5117 the following:
``Sec. 5118. Hazardous material technical assessment, research and 
              development, and analysis program
    ``(a) Risk Reduction.--
            ``(1) Program authorized.--The Secretary of Transportation 
        may develop and implement a hazardous material technical 
        assessment, research and development, and analysis program for 
        the purpose of--
                    ``(A) reducing the risks associated with the 
                transportation of hazardous material; and
                    ``(B) identifying and evaluating new technologies 
                to facilitate the safe, secure, and efficient 
                transportation of hazardous material.
            ``(2) Coordination.--In developing the program under 
        paragraph (1), the Secretary shall--
                    ``(A) utilize information gathered from other modal 
                administrations with similar programs; and
                    ``(B) coordinate with other modal administrations, 
                as appropriate.
    ``(b) Cooperation.--In carrying out subsection (a), the Secretary 
may work cooperatively with regulated and other entities, including 
shippers, carriers, emergency responders, State and local officials, 
and academic institutions.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 51 is 
amended by inserting after the item relating to section 5117 the 
following:

``5118. Hazardous material technical assessment, research and 
                            development, and analysis program.''.

SEC. 34009. HAZARDOUS MATERIAL ENFORCEMENT TRAINING PROGRAM.

    (a) In General.--The Secretary shall establish a multimodal 
hazardous material enforcement training program for government 
hazardous materials inspectors and investigators--
            (1) to develop uniform performance standards for training 
        hazardous material inspectors and investigators; and
            (2) to train hazardous material inspectors and 
        investigators on--
                    (A) how to collect, analyze, and publish findings 
                from inspections and investigations of accidents or 
                incidents involving the transportation of hazardous 
                material; and
                    (B) how to identify noncompliance with regulations 
                issued under chapter 51 of title 49, United States 
                Code, and take appropriate enforcement action.
    (b) Standards and Guidelines.--Under the program established under 
this section, the Secretary may develop--
            (1) guidelines for hazardous material inspector and 
        investigator qualifications;
            (2) best practices and standards for hazardous material 
        inspector and investigator training programs; and
            (3) standard protocols to coordinate investigation efforts 
        among Federal, State, and local jurisdictions on accidents or 
        incidents involving the transportation of hazardous material.
    (c) Availability.--The standards, protocols, and findings of the 
program established under this section--
            (1) shall be mandatory for--
                    (A) the Department of Transportation's multimodal 
                personnel conducting hazardous material enforcement 
                inspections or investigations; and
                    (B) State employees who conduct federally funded 
                compliance reviews, inspections, or investigations; and
            (2) shall be made available to Federal, State, and local 
        hazardous materials safety enforcement personnel.

SEC. 34010. INSPECTIONS.

    (a) Notice of Enforcement Measures.--Section 5121(c)(1) is 
amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(G) shall provide to the affected offeror, 
                carrier, packaging manufacturer or tester, or other 
                person responsible for the package reasonable notice 
                of--
                            ``(i) his or her decision to exercise his 
                        or her authority under paragraph (1);
                            ``(ii) any findings made; and
                            ``(iii) any actions being taken as a result 
                        of a finding of noncompliance.''.
    (b) Regulations.--Section 5121(e) is amended by adding at the end 
the following:
            ``(3) Matters to be addressed.--The regulations issued 
        under this subsection shall address--
                    ``(A) the safe and expeditious resumption of 
                transportation of perishable hazardous material, 
                including radiopharmaceuticals and other medical 
                products, that may require timely delivery due to life-
                threatening situations;
                    ``(B) the means by which--
                            ``(i) noncompliant packages that present an 
                        imminent hazard are placed out-of-service until 
                        the condition is corrected; and
                            ``(ii) noncompliant packages that do not 
                        present a hazard are moved to their final 
                        destination;
                    ``(C) appropriate training and equipment for 
                inspectors; and
                    ``(D) the proper closure of packaging in accordance 
                with the hazardous material regulations.''.
    (c) Grants and Cooperative Agreements.--Section 5121(g)(1) is 
amended by inserting ``safety and'' before ``security''.

SEC. 34011. CIVIL PENALTIES.

    Section 5123 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``$50,000'' and 
                inserting ``$75,000''; and
                    (B) in paragraph (2), by striking ``$100,000'' and 
                inserting ``$175,000''; and
            (2) by adding at the end the following:
    ``(h) Penalty for Obstruction of Inspections and Investigations.--
The Secretary may impose a penalty on a person who obstructs or 
prevents the Secretary from carrying out inspections or investigations 
under subsection (c) or (i) of section 5121.
    ``(i) Prohibition on Hazardous Material Operations After Nonpayment 
of Penalties.--
            ``(1) In general.--Except as provided under paragraph (2), 
        a person subject to the jurisdiction of the Secretary under 
        this chapter who fails to pay a civil penalty assessed under 
        this chapter, or fails to arrange and abide by an acceptable 
        payment plan for such civil penalty, may not conduct any 
        activity regulated under this chapter beginning on the 91st day 
        after the date specified by order of the Secretary for payment 
        of such penalty unless the person has filed a formal 
        administrative or judicial appeal of the penalty.
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        person who is unable to pay a civil penalty because such person 
        is a debtor in a case under chapter 11 of title 11.
            ``(3) Rulemaking.--Not later than 2 years after the date of 
        the enactment of this subsection, the Secretary, after 
        providing notice and an opportunity for public comment, shall 
        issue regulations that--
                    ``(A) set forth procedures to require a person who 
                is delinquent in paying civil penalties to cease any 
                activity regulated under this chapter until payment has 
                been made or an acceptable payment plan has been 
                arranged; and
                    ``(B) ensures that the person described in 
                subparagraph (A)--
                            ``(i) is notified in writing; and
                            ``(ii) is given an opportunity to respond 
                        before the person is required to cease the 
                        activity.''.

SEC. 34012. REPORTING OF FEES.

    Section 5125(f)(2) is amended by striking ``, upon the Secretary's 
request,'' and inserting ``biennially''.

SEC. 34013. SPECIAL PERMITS, APPROVALS, AND EXCLUSIONS.

    (a) In General.--Section 5117 is amended to read as follows:
``Sec. 5117. Special permits, approvals, and exclusions
    ``(a) Authority To Issue Special Permits.--
            ``(1) Conditions.--The Secretary of Transportation may 
        issue, modify, or terminate a special permit implementing new 
        technologies or authorizing a variance from a provision under 
        this chapter or a regulation prescribed under section 5103(b), 
        5104, 5110, or 5112 to a person performing a function regulated 
        by the Secretary under section 5103(b)(1) to achieve--
                    ``(A) a safety level at least equal to the safety 
                level required under this chapter; or
                    ``(B) a safety level consistent with the public 
                interest and this chapter, if a required safety level 
                does not exist.
            ``(2) Findings required.--
                    ``(A) In general.--Before issuing, renewing, or 
                modifying a special permit or granting party status to 
                a special permit, the Secretary shall determine that 
                the person is fit to conduct the activity authorized by 
                such permit in a manner that achieves the level of 
                safety required under paragraph (1).
                    ``(B) Considerations.--In making the determination 
                under subparagraph (A), the Secretary shall consider--
                            ``(i) the person's safety history 
                        (including prior compliance history);
                            ``(ii) the person's accident and incident 
                        history; and
                            ``(iii) any other information the Secretary 
                        considers appropriate to make such a 
                        determination.
            ``(3) Effective period.--A special permit issued under this 
        section--
                    ``(A) shall be for an initial period of not more 
                than 2 years;
                    ``(B) may be renewed by the Secretary upon 
                application--
                            ``(i) for successive periods of not more 
                        than 4 years each; or
                            ``(ii) in the case of a special permit 
                        relating to section 5112, for an additional 
                        period of not more than 2 years.
    ``(b) Applications.--
            ``(1) Required documentation.--When applying for a special 
        permit or the renewal or modification of a special permit or 
        requesting party status to a special permit under this section, 
        the Secretary shall require the person to submit an application 
        that contains--
                    ``(A) a detailed description of the person's 
                request;
                    ``(B) a listing of the person's current facilities 
                and addresses where the special permit will be 
                utilized;
                    ``(C) a safety analysis prescribed by the Secretary 
                that justifies the special permit;
                    ``(D) documentation to support the safety analysis;
                    ``(E) a certification of safety fitness; and
                    ``(F) proof of registration, as required under 
                section 5108.
            ``(2) Public notice.--The Secretary shall--
                    ``(A) publish notice in the Federal Register that 
                an application for a special permit has been filed; and
                    ``(B) provide the public an opportunity to inspect 
                and comment on the application.
            ``(3) Savings clause.--This subsection does not require the 
        release of information protected by law from public disclosure.
    ``(c) Coordinate and Communicate With Modal Contact Officials.--
            ``(1) In general.--In evaluating applications under 
        subsection (b), and making the findings and determinations 
        under subsections (a), (e), and (h), the Administrator of the 
        Pipeline and Hazardous Materials Safety Administration shall 
        consult, coordinate, or notify the modal contact official 
        responsible for the specified mode of transportation that will 
        be utilized under a special permit or approval before--
                    ``(A) issuing, modifying, or renewing the special 
                permit;
                    ``(B) granting party status to the special permit; 
                or
                    ``(C) issuing or renewing the special permit or 
                approval.
            ``(2) Modal contact official defined.--In this section, the 
        term `modal contact official' means--
                    ``(A) the Administrator of the Federal Aviation 
                Administration;
                    ``(B) the Administrator of the Federal Motor 
                Carrier Safety;
                    ``(C) the Administrator of the Federal Railroad 
                Administration; and
                    ``(D) the Commandant of the Coast Guard.
    ``(d) Applications To Be Dealt With Promptly.--The Secretary 
shall--
            ``(1) issue, modify, renew, or grant party status to a 
        special permit or approval for which a request was filed under 
        this section, or deny the issuance, modification, renewal, or 
        grant, on or before the last day of the 180-day period 
        beginning on the first day of the month following the date of 
        the filing of the request; or
            ``(2) publish a statement in the Federal Register that--
                    ``(A) describes the reason for the delay of the 
                Secretary's decision on the special permit or approval; 
                and
                    ``(B) includes an estimate of the additional time 
                necessary before the decision is made.
    ``(e) Emergency Processing of Special Permits.--
            ``(1) Findings required.--The Secretary may not grant a 
        request for emergency processing of a special permit unless the 
        Secretary determines that--
                    ``(A) a special permit is necessary for national 
                security purposes;
                    ``(B) processing on a routine basis under this 
                section would result in significant injury to persons 
                or property; or
                    ``(C) a special permit is necessary to prevent 
                significant economic loss or damage to the environment 
                that could not be prevented if the application were 
                processed on a routine basis.
            ``(2) Waiver of fitness test.--The Secretary may waive the 
        requirement under subsection (a)(2) for a request for which the 
        Secretary makes a determination under subparagraph (A) or (B) 
        of paragraph (1).
            ``(3) Notification.--Not later than 90 days after the date 
        of issuance of a special permit under this subsection, the 
        Secretary shall publish a notice in the Federal Register of the 
        issuance that includes--
                    ``(A) a statement of the basis for the finding of 
                emergency; and
                    ``(B) the scope and duration of the special permit.
            ``(4) Effective period.--A special permit issued under this 
        subsection shall be effective for a period not to exceed 180 
        days.
    ``(f) Exclusions.--
            ``(1) In general.--The Secretary shall exclude, in any 
        part, from this chapter and regulations prescribed under this 
        chapter--
                    ``(A) a public vessel (as defined in section 2101 
                of title 46);
                    ``(B) a vessel exempted under section 3702 of title 
                46 or from chapter 37 of title 46; and
                    ``(C) a vessel to the extent it is regulated under 
                the Ports and Waterways Safety Act of 1972 (33 U.S.C. 
                1221, et seq.).
            ``(2) Firearms.--This chapter and regulations prescribed 
        under this chapter do not prohibit--
                    ``(A) or regulate transportation of a firearm (as 
                defined in section 232 of title 18), or ammunition for 
                a firearm, by an individual for personal use; or
                    ``(B) transportation of a firearm or ammunition in 
                commerce.
    ``(g) Limitation on Authority.--Unless the Secretary decides that 
an emergency exists, a person subject to this chapter may only be 
granted a variance from this chapter through a special permit or 
renewal granted under this section.
    ``(h) Approvals.--
            ``(1) Findings required.--
                    ``(A) In general.--The Secretary may not issue an 
                approval or grant the renewal of an approval pursuant 
                to part 107 of title 49, Code of Federal Regulations 
                until the Secretary has determined that the person is 
                fit, willing, and able to conduct the activity 
                authorized by the approval in a manner that achieves 
                the level of safety required under subsection (a)(1).
                    ``(B) Considerations.--In making a determination 
                under subparagraph (A), the Secretary shall consider--
                            ``(i) the person's safety history 
                        (including prior compliance history);
                            ``(ii) the person's accident and incident 
                        history; and
                            ``(iii) any other information the Secretary 
                        considers appropriate to make such a 
                        determination.
            ``(2) Required documentation.--When applying for an 
        approval or renewal or modification of an approval under this 
        section, the Secretary shall require the person to submit an 
        application that contains--
                    ``(A) a detailed description of the person's 
                request;
                    ``(B) a listing of the persons current facilities 
                and addresses where the approval will be utilized;
                    ``(C) a safety analysis prescribed by the Secretary 
                that justifies the approval;
                    ``(D) documentation to support the safety analysis;
                    ``(E) a certification of safety fitness; and
                    ``(F) the verification of registration required 
                under section 5108.
            ``(3) Savings provision.--Nothing in this subsection may be 
        construed to require the release of information protected by 
        law from public disclosure.
    ``(i) Noncompliance.--The Secretary may modify, suspend, or 
terminate a special permit or approval if the Secretary determines 
that--
            ``(1) the person who was granted the special permit or 
        approval has violated the special permit or approval or the 
        regulations issued under this chapter in a manner that 
        demonstrates that the person is not fit to conduct the activity 
        authorized by the special permit or approval; or
            ``(2) the special permit or approval is unsafe.
    ``(j) Rulemaking.--Not later than 2 years after the date of the 
enactment of the Hazardous Materials Transportation Safety Improvement 
Act of 2012, the Secretary, after providing notice and an opportunity 
for public comment, shall issue regulations that establish--
            ``(1) standard operating procedures to support 
        administration of the special permit and approval programs; and
            ``(2) objective criteria to support the evaluation of 
        special permit and approval applications.
    ``(k) Annual Review of Certain Special Permits.--
            ``(1) Review.--The Secretary shall conduct an annual review 
        and analysis of special permits--
                    ``(A) to identify consistently used and 
                longstanding special permits with an established safety 
                record; and
                    ``(B) to determine whether such permits may be 
                converted into the hazardous materials regulations.
            ``(2) Factors.--In conducting the review and analysis under 
        paragraph (1), the Secretary may consider--
                    ``(A) the safety record for hazardous materials 
                transported under the special permit;
                    ``(B) the application of a special permit;
                    ``(C) the suitability of provisions in the special 
                permit for incorporation into the hazardous materials 
                regulations; and
                    ``(D) rulemaking activity in related areas.
            ``(3) Rulemaking.--After completing the review and analysis 
        under paragraph (1) and providing notice and opportunity for 
        public comment, the Secretary shall issue regulations, as 
        needed.''.
    (b) Conforming Amendment.--The analysis for chapter 51 is amended 
by striking the item relating to section 5117 and inserting the 
following:

``5117. Special permits, approvals, and exclusions.''.

SEC. 34014. HIGHWAY ROUTING DISCLOSURES.

    (a) List of Route Designations.--Section 5112(c) is amended--
            (1) by striking ``In coordination'' and inserting the 
        following:
            ``(1) In general.--In coordination''; and
            (2) by adding at the end the following:
            ``(2) State responsibilities.--
                    ``(A) In general.--Each State shall submit to the 
                Secretary, in a form and manner to be determined by the 
                Secretary and in accordance with subparagraph (B)--
                            ``(i) the name of the State agency 
                        responsible for hazardous material highway 
                        route designations; and
                            ``(ii) a list of the State's currently 
                        effective hazardous material highway route 
                        designations.
                    ``(B) Frequency.--Each State shall submit the 
                information described in subparagraph (A)(ii)--
                            ``(i) at least once every 2 years; and
                            ``(ii) not later than 60 days after a 
                        hazardous material highway route designation is 
                        established, amended, or discontinued.''.
    (b) Compliance With Section 5112.--Section 5125(c)(1) is amended by 
inserting ``, and is published in the Department's hazardous materials 
route registry under section 5112(c)'' before the period at the end.

SEC. 34015. AUTHORIZATION OF APPROPRIATIONS.

    Section 5128 is amended to read as follows:
``Sec. 5128. Authorization of appropriations
    ``(a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this chapter (except sections 5107(e), 
5108(g)(2), 5113, 5115, 5116, and 5119)--
            ``(1) $42,338,000 for fiscal year 2012; and
            ``(2) $42,762,000 for fiscal year 2013.
    ``(b) Hazardous Materials Emergency Preparedness Fund.--From the 
Hazardous Materials Emergency Preparedness Fund established under 
section 5116(i), the Secretary may expend, during each of fiscal years 
2012 and 2013--
            ``(1) $188,000 to carry out section 5115;
            ``(2) $21,800,000 to carry out subsections (a) and (b) of 
        section 5116, of which not less than $13,650,000 shall be 
        available to carry out section 5116(b);
            ``(3) $150,000 to carry out section 5116(f);
            ``(4) $625,000 to publish and distribute the Emergency 
        Response Guidebook under section 5116(i)(3); and
            ``(5) $1,000,000 to carry out section 5116(j).
    ``(c) Hazardous Materials Training Grants.--From the Hazardous 
Materials Emergency Preparedness Fund established pursuant to section 
5116(i), the Secretary may expend $4,000,000 for each of the fiscal 
years 2012 and 2013 to carry out section 5107(e).
    ``(d) Credits to Appropriations.--
            ``(1) Expenses.--In addition to amounts otherwise made 
        available to carry out this chapter, the Secretary may credit 
        amounts received from a State, Indian tribe, or other public 
        authority or private entity for expenses the Secretary incurs 
        in providing training to the State, authority, or entity.
            ``(2) Availability of amounts.--Amounts made available 
        under this section shall remain available until expended.''.

TITLE V--NATIONAL RAIL SYSTEM PRESERVATION, EXPANSION, AND DEVELOPMENT 
                              ACT OF 2012

SEC. 35001. SHORT TITLE.

    This title may be cited as the ``National Rail System Preservation, 
Expansion, and Development Act of 2012''.

SEC. 35002. REFERENCES TO TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

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

SEC. 35101. RAIL PLANS.

    (a) Long-range National Rail Plan.--Section 103 is amended by 
amending subsection (j)(2) to read as follows:
            ``(2) in coordination with the Secretary of Transportation, 
        develop and routinely update a long-range national rail plan 
        pursuant to chapter 227;''.
    (b) National Rail Plan.--Chapter 227 is amended to read as follows:
``Sec. 22701. National Rail Plan
    ``(a) In General.--The Secretary of Transportation shall--
            ``(1) not later than 1 year after the date of enactment of 
        the National Rail System Preservation, Expansion, and 
        Development Act of 2012--
                    ``(A) develop a long-range national rail plan--
                            ``(i) in coordination with the 
                        Administrator of the Federal Railroad 
                        Administration and the Surface Transportation 
                        Board; and
                            ``(ii) in consultation with Amtrak, freight 
                        railroads, nonprofit employee labor 
                        organizations, and other rail industry 
                        stakeholders; and
                    ``(B) submit the national rail plan under 
                subparagraph (A) to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives;
            ``(2) routinely update the national rail plan--
                    ``(A) in coordination with the Administrator of the 
                Federal Railroad Administration and the Surface 
                Transportation Board; and
                    ``(B) in consultation with Amtrak, freight 
                railroads, nonprofit employee labor organizations, and 
                other rail industry stakeholders; and
            ``(3) submit the updated national rail plan under paragraph 
        (2) at the same time as the President's budget submission.
    ``(b) National Rail Plan.--The national rail plan shall--
            ``(1) be subject to refinement by regional and State rail 
        plans;
            ``(2) be consistent with the rail needs of the Nation and 
        Federal surface transportation or multi-modal policies and 
        plans, as determined by the Secretary;
            ``(3) promote an integrated, cohesive, safe, efficient, and 
        optimized national rail system for the movement of goods and 
        people and to support the national economy and other national 
        needs; and
            ``(4) contain a specific national intercity passenger rail 
        development plan and a freight rail plan that are consistent 
        with other Federal strategy, planning, and investment efforts.
    ``(c) Objectives.--The objectives of the national rail plan are--
            ``(1) to implement a national policy and strategy to 
        support, preserve, improve, and further develop existing and 
        future high-speed and intercity passenger rail transportation 
        and freight rail transportation; and
            ``(2) to provide a national framework to be refined and 
        implemented by regional rail plans under section 22702 and 
        State rail plans under 22703.
    ``(d) Contents.--The national rail plan shall include--
            ``(1) the conditions under which Federal investments in 
        intercity passenger rail and freight rail are justified, 
        including consideration of--
                    ``(A) population size and density;
                    ``(B) projected population and economic growth and 
                changing demographic characteristics;
                    ``(C) connections to local rail and bus transit, 
                alternative transportation options, and multi-modal 
                freight transportation nodes;
                    ``(D) economic profile of specific markets;
                    ``(E) congestion on existing transportation 
                facilities and constraints on future capacity 
                enhancements, in relation to efficient movement of both 
                goods and people;
                    ``(F) distances between markets;
                    ``(G) geographic characteristics;
                    ``(H) demand for present and future freight rail 
                transportation services;
                    ``(I) ability to serve underserved communities and 
                enhance intra-and inter-regional connectivity of mega-
                regions;
                    ``(J) transportation safety data and analyses;
                    ``(K) travel market size; and
                    ``(L) availability and quality of service from 
                other transportation modes within a market;
            ``(2) a national map with a prioritized designation of 
        existing and developing markets to be served by specific rail 
        routes and services that meet the criteria described in 
        paragraph (1);
            ``(3) defined corridor and service categories, including--
                    ``(A) services to be offered;
                    ``(B) peak or average speeds to be achieved;
                    ``(C) frequencies to be offered; and
                    ``(D) populations to be served;
            ``(4) a schedule and strategy for the phased implementation 
        of corridors and services identified in the plan;
            ``(5) a discussion of benefits and costs of potential 
        investments in high-speed or intercity passenger rail or 
        freight rail that considers all system user and public benefits 
        and costs from a network perspective, including factors such as 
        potential ridership, travel time reductions and improved 
        reliability, benefits of enhanced mobility of goods and people, 
        environmental benefits, economic development benefits, and 
        other public benefits;
            ``(6) a strategy for investments in passenger stations, 
        including investment in intermodal stations that are linked to 
        local public transportation, other intercity transportation 
        modes, and non-motorized transportation options, and that 
        connect residential areas, commercial areas, and other nearby 
        transportation facilities that support intercity passenger rail 
        and high-speed rail service, and in freight-related facilities, 
        that is consistent with other Federal strategy, planning, and 
        investment efforts;
            ``(7) performance standards for fiscal and operational 
        performance of new and enhanced high-speed and intercity 
        passenger rail services;
            ``(8) analysis of the environmental impacts of the national 
        rail plan;
            ``(9) recommendations for project financing, management and 
        implementation for corridor development, station development, 
        freight capacity development, and similar projects;
            ``(10) recommendations for the integration of freight and 
        passenger service in a manner that provides for mutual and 
        complementary growth;
            ``(11) a plan for integrating any proposed new services 
        with existing services;
            ``(12) service design and project execution protocols, 
        including design and construction standards, requirements 
        needed to ensure interoperability, and any other protocols the 
        Secretary deems appropriate; and
            ``(13) additional factors that the Secretary deems 
        relevant.
``Sec. 22702. Regional rail plans
    ``(a) In General.--The Secretary shall--
            ``(1) develop a regional rail plan for each region, except 
        the Northeast Corridor, that contains a detailed plan for 
        implementing the national rail plan, including any plans for 
        public investment in projects that contribute to efficient 
        movement and increased capacity for freight by--
                    ``(A) regional rail authorities, as defined by the 
                Secretary; or
                    ``(B) any 2 or more States that have entered into 
                interstate compacts, agreements, or organizations for 
                the purpose of developing such plans; and
            ``(2) in developing each regional rail plan, coordinate 
        with--
                    ``(A) States;
                    ``(B) local communities;
                    ``(C) railroad infrastructure owners;
                    ``(D) regional air quality planning agencies;
                    ``(E) Amtrak;
                    ``(F) passenger rail service operators;
                    ``(G) freight railroad operators;
                    ``(H) metropolitan planning organizations;
                    ``(I) governing authorities for transit systems or 
                airports;
                    ``(J) tribal governments;
                    ``(K) the general public, including low-income and 
                minority populations, people with disabilities, and 
                older Americans; and
                    ``(L) non-profit labor employee organizations.
    ``(b) Purposes.--The purposes of a regional rail plan shall be to 
refine and advance the implementation of the national rail plan under 
section 22701.
    ``(c) Contents.--A regional rail plan shall include--
            ``(1) a map--
                    ``(A) that indicates detailed alignment 
                alternatives for any new corridor identified in the 
                national rail plan under section 22701; and
                    ``(B) that identifies the location of each 
                potential new station;
            ``(2) a phasing plan for developing or upgrading specific 
        segments of the regional network;
            ``(3) the identification of any environmental impact 
        analyses required under the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.) or other laws (including 
        regulations);
            ``(4) a full capital cost estimate for developing the 
        regional network;
            ``(5) an analysis of operating financial forecasts;
            ``(6) a benefit-cost analysis for the regional network that 
        considers both user and public benefits and the costs from a 
        network perspective, including factors such as ridership 
        projections, travel time reductions, enhanced mobility 
        benefits, environmental benefits, economic benefits, and other 
        public benefits;
            ``(7) an analysis of potential land use policies and 
        strategies for areas near high-speed and intercity passenger 
        rail stations;
            ``(8) potential non-Federal funding sources, including a 
        detailed consideration of anticipated private sector 
        participation;
            ``(9) a proposal for the institutional and governance 
        structures that will be necessary to develop the regional 
        network;
            ``(10) other project implementation considerations, 
        including an analysis of the readiness of specific corridors to 
        proceed for development;
            ``(11) an examination of multi-modal connections that 
        considers the most cost-effective means for achieving the 
        region's transportation goals and objectives;
            ``(12) identification of plans for cost-effective, public 
        investment in intercity passenger rail projects that contribute 
        toward the efficient movement and increased capacity for 
        freight rail operations;
            ``(13) a list of capital projects needed to implement a 
        region's portion of the national rail plan;
            ``(14) a plan for coordinating service and capital projects 
        with adjacent regions;
            ``(15) a plan for crossing international borders, as 
        appropriate;
            ``(16) a plan for integrating any proposed new services 
        with existing service; and
            ``(17) a description of how the regional rail plan refines 
        and advances the implementation of the national rail plan.
    ``(d) Updates.--Not later than 1 year after the publication of the 
national rail plan under section 22701 and periodically thereafter, the 
Secretary shall update each regional rail plan--
            ``(1) to reflect any material changes to the contents under 
        subsection (c); and
            ``(2) to include any changes made to the national rail plan 
        under section 22701.
    ``(e) Waiver.--The Secretary may waive a content requirement under 
subsection (c) as necessary to accommodate a unique characteristic or 
situation in a region.
``Sec. 22703. State rail plans
    ``(a) In General.--A State may prepare and maintain a State rail 
plan. A State rail plan shall--
            ``(1) be consistent with the national rail plan under 
        section 22701;
            ``(2) be consistent with the regional rail plans under 
        section 22702;
            ``(3) coordinate with other State transportation planning 
        goals and programs, including the statewide transportation 
        plans under section 135 of title 23, and
            ``(4) set forth rail transportation's role within the 
        State's transportation system.
    ``(b) Purposes.--The purposes of a State rail plan shall be to 
refine and advance the implementation of the national rail plan and 
relevant regional rail plan under sections 22701 and 22702.
    ``(c) Objectives.--The objectives of a State rail plan shall be--
            ``(1) to set forth the State's policy on freight and 
        intercity passenger rail transportation, including commuter 
        rail operations, within the State;
            ``(2) to establish the time period covered by the State 
        rail plan;
            ``(3) to present the priorities and strategies to enhance 
        rail service within the State that benefits the public; and
            ``(4) to serve as the basis for Federal and State rail 
        investments within the State.
    ``(d) Requirements.--
            ``(1) Establishment.--The Secretary shall establish minimum 
        requirements, consistent with sections 22701 and 22702, for the 
        preparation and periodic revision of a State rail plan, 
        including--
                    ``(A) the establishment or designation of a State 
                rail transportation authority to prepare, maintain, 
                coordinate, and administer the State rail plan;
                    ``(B) the establishment or designation of a State 
                approval authority to approve the State rail plan;
                    ``(C) the submission of the State's approved State 
                rail plan to the Secretary for review and approval; and
                    ``(D) the revision and resubmittal of a State-
                approved State rail plan for review and approval by the 
                Secretary not less than once every 5 years.
            ``(2) Review.--The Secretary shall prescribe procedures for 
        a State to submit a State rail plan for review and approval, 
        including standardized format and data requirements.
            ``(3) Compliance.--The Secretary shall deem a State rail 
        plan to be in compliance with this chapter if the State rail 
        plan--
                    ``(A) is completed before the date of enactment of 
                the National Rail System Preservation, Expansion, and 
                Development Act of 2012; and
                    ``(B) substantially meets the requirements of 
                chapter 227 as in effect on the day before the date of 
                enactment of the National Rail System Preservation, 
                Expansion, and Development Act of 2012.
            ``(4) Updates.--A State rail plan that is deemed in 
        compliance under paragraph (3) shall be updated not later than 
        1 year after the date of enactment of the National Rail System 
        Preservation, Expansion, and Development Act of 2012.
    ``(e) Contents.--A State rail plan shall include--
            ``(1) an inventory of the existing overall rail 
        transportation system and rail services and facilities within 
        the State;
            ``(2) an analysis of the role of rail transportation within 
        the State's surface transportation system;
            ``(3) a review of all rail lines within the State, 
        including any proposed high-speed rail corridors and 
        significant rail line segments not currently in service;
            ``(4) a statement of the State's passenger rail service 
        objectives, including minimum service levels, for rail 
        transportation routes within the State;
            ``(5) a general analysis of rail's transportation, 
        economic, and environmental impacts within the State, including 
        congestion mitigation, trade and economic development, air 
        quality, land-use, energy-use, and community impacts;
            ``(6) a long-range rail service and investment program for 
        current and future freight and intercity passenger 
        infrastructure within the State that meets the requirements 
        under subsection (f);
            ``(7) a statement of the public financing issues for rail 
        projects or service within the State, including a list of 
        current and prospective public capital and operating funding 
        resources, public subsidies, State taxation, and other 
        financial policies relating to rail infrastructure development;
            ``(8) the identification of rail infrastructure issues 
        within the State, after consulting with relevant stakeholders;
            ``(9) a review of major passenger and freight intermodal 
        rail connections and facilities within the State, including 
        seaports;
            ``(10) a list of prioritized options to maximize service 
        integration and efficiency between rail and other modes of 
        transportation within the State;
            ``(11) a review of publicly funded projects within the 
        State to improve rail transportation safety and security, 
        including major projects funded under section 130 of title 23;
            ``(12) a performance evaluation of passenger rail services 
        operating in the State, including possible improvements to 
        those services and a description of strategies to achieve the 
        improvements;
            ``(13) a compilation of studies and reports on high-speed 
        rail corridor development within the State that were not 
        included in a prior plan under this chapter;
            ``(14) a plan for funding any recommended development of a 
        high-speed rail corridor within the State; and
            ``(15) a statement that the State is in compliance with the 
        requirements of section 22102.
    ``(f) Long-range Rail Service and Investment Program.--
            ``(1) Contents.--A long-range rail service and investment 
        program under subsection (e)(6) shall include--
                    ``(A) a prioritized list of any freight or 
                intercity passenger rail capital projects expected to 
                be commenced or supported in whole or in part by the 
                State; and
                    ``(B) a detailed capital and operating funding plan 
                for each rail capital project under subparagraph (A).
            ``(2) Rail capital projects list.--
                    ``(A) Contents.--A list of rail capital projects 
                under paragraph (1)(A) shall include--
                            ``(i) a description of the anticipated 
                        public and private benefits of each rail 
                        capital project; and
                            ``(ii) a statement of the correlation 
                        between--
                                    ``(I) public funding contributions 
                                for each rail capital project; and
                                    ``(II) the public benefits.
                    ``(B) Considerations.--A State rail transportation 
                authority shall consider, when preparing a list of rail 
                capital projects under this subsection--
                            ``(i) contributions made by non-Federal and 
                        non-State sources through user fees, matching 
                        funds, or other private capital involvement;
                            ``(ii) rail capacity and congestion 
                        effects;
                            ``(iii) effects on highway, aviation, and 
                        maritime capacity, congestion, and safety;
                            ``(iv) regional balance;
                            ``(v) environmental impact;
                            ``(vi) economic and employment impacts; and
                            ``(vii) projected ridership and other 
                        service measures for passenger rail projects.
    ``(g) A State shall not be eligible to receive financial assistance 
under chapter 244 or 261 unless the State completes a State rail plan 
pursuant to this section.
``Sec. 22704. Transparency and coordination
    ``(a) Preparation and Review.--
            ``(1) Federal transparency.--The Secretary of 
        Transportation shall provide adequate and reasonable notice and 
        an opportunity for comment to the public, rail carriers, 
        commuter and transit authorities (operating in or affected by 
        rail operations within the region or State), units of local 
        government, and other interested parties when the Secretary 
        prepares or reviews the national rail plan under section 22701 
        or a regional rail plan under section 22702.
            ``(2) State transparency.--A State shall provide adequate 
        and reasonable notice and an opportunity for comment to the 
        public, rail carriers, commuter and transit authorities 
        (operating in or affected by rail operations within the region 
        or the State), units of local government, and other interested 
        parties, when the State prepares or reviews a State rail plan 
        under section 22703.
    ``(b) Intergovernmental Coordination.--A State shall--
            ``(1) review the freight and passenger rail service 
        activities and initiatives by regional planning agencies, 
        regional transportation authorities, and municipalities (within 
        the State or within the region in which the State is located) 
        when preparing a State rail plan; and
            ``(2) include any recommendations made by the regional 
        planning agencies, regional transportation authorities, and 
        municipalities (within the State or within the region in which 
        the State is located), as deemed appropriate by the State.
``Sec. 22705. Definitions
    ``In this chapter:
            ``(1) Private benefit.--The term `private benefit' means a 
        benefit--
                    ``(A) that is determined on a project-by-project 
                basis, based upon an agreement between the parties;
                    ``(B) that is accrued to a person or private 
                entity, other than Amtrak, that directly improves the 
                economic and competitive condition of the person or 
                private entity through improved assets, cost 
                reductions, service improvements, or other means as 
                defined by the Secretary; or
                    ``(C) that is defined by the Secretary, with advice 
                from the States and rail carriers if the Secretary 
                deems such advice necessary.
            ``(2) Public benefit.--The term `public benefit' means a 
        benefit--
                    ``(A) that is determined on a project-by-project 
                basis, based upon an agreement between the parties;
                    ``(B) that is accrued to the public, including 
                Amtrak, in the form of enhanced mobility of people or 
                goods, environmental protection or enhancement, 
                congestion mitigation, enhanced trade and economic 
                development, improved air quality or land use, more 
                efficient energy use, enhanced public safety or 
                security, reduction of public expenditures due to 
                improved transportation efficiency or infrastructure 
                preservation, and any other positive community effects 
                as defined by the Secretary; or
                    ``(C) that is defined by the Secretary, with advice 
                from the States and rail carriers if the Secretary 
                deems such advice necessary.
            ``(3) State.--The term `State' means any of the 50 States 
        and the District of Columbia.
            ``(4) State rail transportation authority.--The term `State 
        rail transportation authority' means the State agency or 
        official responsible under the direction of the Governor of the 
        State or a State law for the preparation, maintenance, 
        coordination, and administration of the State rail plan.''.

SEC. 35102. IMPROVED DATA ON DELAY.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation, in coordination with Amtrak, freight 
railroads, and other parties, as appropriate, shall develop guidance 
for developing improved, including automated, means of measuring on-
time performance delays.

SEC. 35103. DATA AND MODELING.

    (a) Data.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall conduct a data needs 
assessment, in consultation with the Surface Transportation Board, 
Amtrak, freight railroads, and State and local governments, to support 
the development of an efficient and effective intercity passenger rail 
network. The data needs assessment shall, among other things--
            (1) identify the data needed to conduct cost-effective 
        modeling and analysis for high-speed and intercity passenger 
        rail development programs;
            (2) determine limitations to the data used for inputs and 
        develop a strategy to address the limitations;
            (3) identify barriers to accessing existing data;
            (4) include recommendations regarding whether the 
        authorization of additional data collection for intercity 
        passenger rail travel is warranted; and
            (5) determine which entities will be responsible for 
        generating or collecting needed data.
    (b) Modeling.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall develop or improve 
modeling capabilities to support the development of an efficient and 
effective intercity passenger rail network, including service 
development, capacity expansion, cost-effectiveness, and ridership 
estimates.
    (c) Benefit-cost Analysis.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall enhance 
the usefulness of assessments of benefits and costs, for both intercity 
passenger rail and freight rail projects by--
            (1) providing ongoing guidance and training on developing 
        benefit and cost information for rail projects;
            (2) providing more direct and consistent requirements for 
        assessing benefits and costs across transportation funding 
        programs, including the appropriate use of discount rates;
            (3) requiring an applicant to clearly communicate the 
        methodology that is used to calculate the project benefits and 
        costs, including information on assumptions underlying 
        calculations, strengths and limitations of data used, and the 
        level of uncertainty in estimates of project benefits and 
        costs; and
            (4) ensuring that an applicant receives clear and 
        consistent guidance on values to apply for key assumptions used 
        to estimate potential project benefits and costs.
    (d) Confidential Data.--For the purposes of this section, the 
Secretary of Transportation shall protect any confidential data from 
public disclosure and such confidential data shall only be provided on 
the basis of a voluntary agreement.

SEC. 35104. SHARED-USE CORRIDOR STUDY.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall complete a shared-use corridor study, 
in consultation with the Surface Transportation Board, Amtrak, freight 
railroads, States, non-profit employee labor organizations, and other 
users of the rail system, as appropriate, to evaluate the best means to 
enhance and support the further development of high-speed and intercity 
passenger rail service within United States shared-use corridors.
    (b) Contents.--In conducting the shared-use corridor study, the 
Secretary shall--
            (1) survey the access arrangements for high-speed and 
        intercity passenger rail service for use of rail 
        infrastructure, assets and facilities owned by freight 
        railroads, commuter authorities, or other entities, and 
        standard processes for the resolution of disputes relating to 
        such access;
            (2) evaluate the roles and responsibilities of high-speed 
        and intercity passenger rail, freight rail, and commuter rail 
        service providers and infrastructure owners in complying with 
        Federal, State, and local applicable requirements within United 
        States shared-use corridors;
            (3) evaluate the roles and responsibilities of Federal, 
        State, and local governments, infrastructure owners, and high 
        speed and intercity passenger rail, freight rail, and commuter 
        rail service providers in supporting both the preservation and 
        expansion of high-speed and intercity passenger rail service, 
        freight transportation, and commuter transportation on shared 
        infrastructure or rights-of-way;
            (4) evaluate the roles and responsibilities of high-speed 
        and intercity passenger rail, freight rail, and commuter rail 
        service providers in achieving satisfactory on time performance 
        for passenger and freight rail services in shared use 
        corridors; and
            (5) evaluate other issues identified by the Secretary.
    (c) Report.--Not later than 90 days after the date the shared-use 
corridor study is completed under subsection (a), the Secretary shall--
            (1) report the results of the shared-use corridor study to 
        the Senate Committee on Commerce, Science, and Transportation 
        and the House of Representatives Committee on Transportation 
        and Infrastructure; and
            (2) make the shared-use corridor study available to the 
        public on the Department of Transportation's website.

SEC. 35105. COOPERATIVE EQUIPMENT POOL.

    (a) In General.--The Next Generation Corridor Equipment Pool 
Committee established under section 305 of the Passenger Rail 
Investment and Improvement Act of 2008 (49 U.S.C. 24101 note) shall 
continue to implement its authorized functions, as appropriate, and 
shall maintain and update, as needed, the specifications created by the 
Committee.
    (b) Equipment Pooling Entity.--Section 305 of the Passenger Rail 
Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), is 
amended by adding at the end the following:
    ``(f) Equipment Pooling Entity.--
            ``(1) Establishment.--Not later than 1 year after the date 
        of enactment of the National Rail System Preservation, 
        Expansion, and Development Act of 2012, the Committee shall 
        create an equipment pooling entity that includes--
                    ``(A) Amtrak;
                    ``(B) States that purchase, with Federal funds, 
                intercity passenger rail rolling stock and equipment 
                that is built in accordance with the specifications 
                created by the Next Generation Corridor Equipment Pool 
                Committee; and
                    ``(C) other States and entities, as appropriate.
            ``(2) In general.--The equipment pooling entity--
                    ``(A) may--
                            ``(i) be a corporation or other cooperative 
                        entity; and
                            ``(ii) be owned or jointly-owned by Amtrak, 
                        a participating State, or other entity; and
                    ``(B) shall be authorized to--
                            ``(i) lease or acquire intercity passenger 
                        rail rolling stock and equipment used in State-
                        supported corridor services on routes that are 
                        not more than 750 miles between end points, 
                        including by entering into agreements for the 
                        funding, financing, procurement, remanufacture, 
                        ownership, and disposal of the intercity 
                        passenger rail rolling stock and equipment;
                            ``(ii) maintain, manage, and allocate 
                        intercity passenger rail rolling stock and 
                        equipment for use in State-supported corridor 
                        services, including by charging appropriate 
                        amounts for the use (including depreciation and 
                        financing costs) of the intercity passenger 
                        rail rolling stock and equipment; and
                            ``(iii) ensure adequate quantity and 
                        quality of appropriate intercity passenger rail 
                        rolling stock and equipment to support the 
                        State-supported corridor services' needs as 
                        identified in the national rail plan, regional 
                        rail plans, or State rail plans under chapter 
                        227.
            ``(3) Transfer of equipment.--Amtrak, after consultation 
        with the Secretary, may sell, lease, or otherwise transfer 
        equipment currently owned or leased by Amtrak to the equipment 
        pooling entity. The operation and utilization of any equipment 
        transferred to the equipment pooling entity shall be covered by 
        section 24405(b).
            ``(4) Transfer requirement.--A State shall sell, lease, or 
        otherwise transfer equipment built in accordance with the 
        specifications created by the Next Generation Corridor 
        Equipment Pool Committee and purchased with Federal funds to 
        the equipment pooling entity unless the Secretary exempts a 
        State from this requirement.
    ``(g) Grant Funding.--A capital project to carry out this section 
shall be eligible for grants under chapter 244. The equipment pooling 
entity shall be an eligible grant recipient under chapter 244.''.

SEC. 35106. PROJECT MANAGEMENT OVERSIGHT AND PLANNING.

    Section 101(d) of the Passenger Rail Investment and Improvement Act 
of 2008 (122 Stat. 4908) is amended--
            (1) by striking ``\1/2\ of''; and
            (2) by inserting ``and joint capital planning'' after 
        ``oversight''.

SEC. 35107. IMPROVEMENTS TO THE CAPITAL ASSISTANCE PROGRAMS.

    (a) Amendments to Chapter 244.--Chapter 244 is amended--
            (1) in section 24401(1)--
                    (A) by striking ``or'' the first place it appears; 
                and
                    (B) by striking ``service.'' and inserting 
                ``service, or Amtrak.'';
            (2) by amending section 24402(b) to read as follows:
    ``(b) Project as Part of the National Rail Plan, Regional Rail 
Plans, or State Rail Plans.--
            ``(1) Grant approval.--The Secretary may not approve a 
        grant for a project under this section unless the Secretary 
        finds that--
                    ``(A) the project is part of the national rail 
                plan, a regional rail plan, or a State rail plan under 
                chapter 227; or
                    ``(B) the project is part of the capital spending 
                plan under section 211 of the Passenger Rail Investment 
                and Improvement Act of 2008 (49 U.S.C. 24902 note); and
                    ``(C) the applicant or recipient has or will have 
                directly or through appropriate agreements with other 
                entities, as approved by the Secretary--
                            ``(i) the legal, financial, and technical 
                        capacity to carry out the project;
                            ``(ii) satisfactory continuing control over 
                        the use of the equipment or facilities; and
                            ``(iii) the capability and willingness to 
                        maintain the equipment or facilities.
            ``(2) Provision of information.--An applicant or recipient 
        shall provide sufficient information for the Secretary to make 
        the required findings under this subsection.
            ``(3) Justification.--An applicant or recipient, except for 
        Amtrak, that did not select the proposed operator of its 
        service competitively shall provide written justification to 
        the Secretary substantiating--
                    ``(A) why the proposed operator is the best, taking 
                into account price and other factors; and
                    ``(B) that the use of the proposed operator will 
                not unnecessarily increase the cost of the project.'';
            (3) in section 24402(c)--
                    (A) by amending paragraph (1)(A) to read as 
                follows:
            ``(1) that the project be part of the national rail plan, a 
        regional rail plan, or a State rail plan under chapter 227, or 
        the capital spending plan under section 211 of the Passenger 
        Rail Investment and Improvement Act of 2008 (49 U.S.C. 24902 
        note);'';
                    (B) in paragraph (1)(D), by inserting ``, except 
                for Amtrak,'' after ``an applicant'';
                    (C) by amending paragraph (1)(F) to read as 
                follows:
                    ``(F) that each project be compatible with and 
                operate in conformance with plans developed pursuant to 
                the requirements of section 135 of title 23, United 
                States Code;'';
                    (D) in paragraph (2)(C), by striking ``and'';
                    (E) in paragraph (3)(B)(iii), by striking the 
                period and inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(4) achieve the appropriate mix of projects selected for 
        funding to ensure the advancement of the national rail plan, 
        including both the development of new or expanded routes and 
        services and the maintenance and improvement of the current 
        rail system.'';
            (4) by amending section 24402(d) to read as follows:
    ``(d) State Rail Plans.--State rail plans completed before the date 
of enactment of the Passenger Rail Investment and Improvement Act of 
2008 (122 Stat. 4907) that substantially meet the requirements of 
chapter 227 as in effect on the day before the date of enactment of the 
National Rail System Preservation, Expansion, and Development Act of 
2012, shall be deemed by the Secretary to have met the requirements of 
subsection (c)(1)(A) of this section.'';
            (5) by amending section 24402(e) to read as follows:
    ``(e) Project Transfers.--The Secretary may permit a recipient 
under this section to enter into a cooperative agreement to transfer 
the grant and related responsibilities and requirements to Amtrak to 
expedite, enhance, or otherwise facilitate the completion of the 
project and any such transfer shall be subject to the requirements of 
this chapter.'';
            (6) in the heading of section 24402(f), by striking ``and 
        Early Systems Work Agreements'';
            (7) by amending section 24402(f)(1) to read as follows:
            ``(1) In implementing this section, the Secretary may issue 
        a letter of intent to an applicant announcing an intention to 
        obligate, for a major capital project under this section, an 
        amount from future available budget authority specified in law 
        that is not more than the amount stipulated as the financial 
        participation of the Secretary in the project.'';
            (8) in section 24402(g) by--
                    (A) amending paragraph (1)(B) to read as follows:
                    ``(B) A grant--
                            ``(i) for a project designated as part of a 
                        priority corridor or service by the national 
                        rail plan and scheduled within the national 
                        rail plan to be implemented within a time frame 
                        consistent with the grant application shall not 
                        exceed 80 percent of the project net capital 
                        cost;
                            ``(ii) for a project to implement a 
                        performance improvement plan under section 
                        24710 shall not exceed 100 percent of the net 
                        project capital cost; and
                            ``(iii) for any other project shall not 
                        exceed 50 percent of the net project capital 
                        cost.''; and
                    (B) by adding at the end the following:
            ``(5) When Amtrak is an applicant under this chapter, it 
        may use ticket and other revenues generated from its operations 
        and other sources to satisfy the non-Federal share requirements 
        under this subsection, except that Amtrak may not use Federal 
        funds authorized under subsections (a) or (c) of section 101 of 
        the Passenger Rail Investment and Improvement Act of 2008 (122 
        Stat. 4908).'';
            (9) in section 24402(h), by striking ``2'' each place it 
        appears and inserting ``3'';
            (10) in section 24402(i)(1), by striking ``A metropolitan 
        planning organization, State transportation department, or 
        other project sponsor'' and inserting ``An applicant'';
            (11) by amending section 24402(k) to read as follows:
    ``(k) Small Capital Projects.--The Secretary shall make not less 
than 5 percent annually available from the amounts appropriated under 
section 24406 beginning in fiscal year 2009 for grants for capital 
projects eligible under this section not exceeding $10,000,000, 
including costs eligible under section 209(d) of the Passenger Rail 
Investment and Improvement Act of 2008 (49 U.S.C. 24101 note). For 
grants awarded under this subsection, the Secretary may waive one or 
more of the requirements of this section, including State rail plan 
requirements, or of section 24405(c)(1)(B), as appropriate.'';
            (12) by amending section 24403(b) to read as follows:
    ``(b) Secretarial Oversight and Participation.--
            ``(1) The Secretary may use not more than 1 percent of 
        amounts made available in a fiscal year for capital projects 
        under this chapter to participate in the planning, management, 
        and oversight of the development and implementation of any such 
        projects.
            ``(2) The Secretary may use amounts available under 
        paragraph (1) to directly undertake or make contracts for 
        project planning and design participation or safety, 
        procurement, management, and financial compliance reviews and 
        audits of a recipient of grants awarded under this chapter.
            ``(3) The Federal Government shall pay the entire cost of 
        carrying out a contract under this subsection.''; and
            (13) in section 24405 by adding ``or between Amtrak and the 
        railroad'' after ``railroad'' in subsection (c)(1).
    (b) Chapter 244 Grant Procedures.--Not later than 180 days after 
the date of enactment of this Act, the Secretary of Transportation 
shall issue a final rule establishing grant procedures, as required by 
section 24402(a) of title 49, United States Code.
    (c) Amendments to Chapter 261.--Chapter 261 is amended--
            (1) in section 26106--
                    (A) by amending subsection (a) to read as follows:
    ``(a) In General.--The Secretary of Transportation shall establish 
and implement a high-speed rail corridor program consistent with the 
national rail plan, regional rail plans, and State rail plans required 
by chapter 227 of title 49, United States Code.'';
                    (B) by amending subsection (b)(2) to read as 
                follows:
            ``(2) Corridor.--The term `corridor' means--
                    ``(A) a corridor designated by the Secretary 
                pursuant to section 104(d)(2) of title 23; or
                    ``(B) a corridor expected to achieve high-speed 
                service pursuant to section 22701 of title 49.'';
                    (C) in subsection (e)(2)(A)--
                            (i) in clause (ii), by inserting ``, 
                        directly or through appropriate agreements with 
                        other entities,'' after ``have'';
                            (ii) in clause (v), by inserting ``, except 
                        for Amtrak,'' after ``applicant'';
                            (iii) in clause (vi), by striking ``; and'' 
                        and inserting a semicolon;
                            (iv) in clause (vii)(II), by striking ``(if 
                        it is available)''; and
                            (v) by adding at the end the following:
                            ``(viii) that the project and the high-
                        speed rail services it supports are coordinated 
                        and integrated with existing and planned 
                        conventional intercity passenger rail services;
                            ``(ix) that the Secretary, and Amtrak at 
                        the Secretary's request, are permitted to 
                        participate in the planning, design, 
                        management, and delivery of the project, as 
                        necessary to ensure project success and promote 
                        interstate commerce; and
                            ``(x) that the Federal government is 
                        accorded an appropriate participation, 
                        oversight, ownership, or control in the project 
                        commensurate with the level of Federal 
                        investment as determined by the Secretary;''; 
                        and
                    (D) in subsection (e)(4), by striking ``pursuant to 
                section 22506 of this title''.
    (d) Congestion Grants.--Section 24105 is amended--
            (1) in subsection (a)--
                    (A) by striking ``in cooperation with States'' and 
                ``high priority rail corridor'';
                    (B) by striking ``congestion'' and inserting 
                ``freight or commuter railroad congestion that impacts 
                intercity passenger trains, enhance route performance, 
                preserve service,''; and
                    (C) by striking the period and inserting ``on 
                routes defined under section 24102(5)(C).'';
            (2) in subsection (b)--
                    (A) by inserting ``or the Federal Railroad 
                Administration'' after ``Amtrak'';
                    (B) by striking ``congestion'' and inserting 
                ``freight or commuter railroad congestion that impacts 
                intercity passenger trains, enhance route performance, 
                preserve service,'';
                    (C) by striking ``; and'' and inserting a period; 
                and
                    (D) by striking paragraph (3);
            (3) in subsection (c), by striking ``80'' and inserting 
        ``100''; and
            (4) in subsection (d), by inserting ``, except that the 
        Secretary may waive the requirements of section 24405(c)(1)(B), 
        as appropriate, for grants totaling less than $10,000,000'' 
        after ``title''.
    (e) Additional High-Speed Rail Projects.--The Passenger Rail 
Investment and Improvement Act of 2008 (122 Stat. 4907) is amended by 
striking section 502.

SEC. 35108. LIABILITY.

    (a) Clarification of Commuter Rail Liability.--Section 28103 is 
amended--
            (1) in subsection (a)(2), by inserting, ``, including 
        commuter rail passengers,'' after ``rail passengers,'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Contractual Obligations.--A provider of rail passenger 
transportation may enter into contracts that allocate financial 
responsibility for claims. Such contracts shall be enforceable 
notwithstanding any other provision of law, common law, or public 
policy, or the nature of the conduct giving rise to the damages or 
liability.''; and
            (3) in subsection (e)--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) the term `rail passenger transportation' includes 
        commuter rail transportation.''.
    (b) Study.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        conduct a study regarding options for clarifying and improving 
        passenger rail liability requirements and arrangements, 
        including those related to environmental liability, necessary 
        for supporting the continued development and improvement of the 
        national passenger rail system and the furtherance of the 
        national rail plan under chapter 227 of title 49, United States 
        Code. The study shall consider--
                    (A) whether to expand statutory liability limits to 
                third parties; and
                    (B) whether to revise the current statutory 
                liability limits based on inflation or other methods to 
                improve the certainty of liability coverage.
            (2) Report.--Not later than 90 days after the date of 
        completion of the study, the Secretary shall submit the results 
        of the study and any associated recommendations to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.

SEC. 35109. DISADVANTAGED BUSINESS ENTERPRISES.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (2) Small business concern.--The term ``small business 
        concern'' has the meaning given the term in section 3 of the 
        Small Business Act (15 U.S.C. 632), except the term does not 
        include any concern or group of concerns that--
                    (A) are controlled by the same socially and 
                economically disadvantaged individual or individuals; 
                and
                    (B) have average annual gross receipts over the 
                preceding 3 fiscal years in excess of $22,410,000, as 
                adjusted annually by the Secretary for inflation.
            (3) Socially and economically disadvantaged individuals.--
                    (A) In general.--
                            (i) Socially disadvantaged individuals.--
                        The term ``socially disadvantaged individuals'' 
                        has the meaning given the term in section 
                        8(a)(5)of the Small Business Act (15 U.S.C. 
                        637(a)(5)), and relevant subcontracting 
                        regulations issued pursuant to that Act.
                            (ii) Economically disadvantaged 
                        individuals.--The term ``economically 
                        disadvantaged individuals'' has the meaning 
                        given the term in section 8(a)(6) of the Small 
                        Business Act (15 U.S.C. 637(a)(6)), and 
                        relevant subcontracting regulations issued 
                        pursuant to that Act.
                    (B) Inclusions.--For purposes of this section, 
                women shall be presumed to be socially and economically 
                disadvantaged individuals.
    (b) In General.--Except to the extent that the Secretary determines 
otherwise, not less than 10 percent of the amounts made available for 
any program under chapter 244, section 24105, or section 26106 of title 
49, United States Code, shall be expended through a small business 
concern owned and controlled by 1 or more socially and economically 
disadvantaged individuals.
    (c) Annual Listing of Disadvantaged Small Business Concerns.--Each 
State shall annually--
            (1) survey each small business concern in the State;
            (2) compile a list of all of the small business concerns in 
        the State, including the location of each small business 
        concern in the State; and
            (3) notify the Secretary, in writing, of the percentage of 
        the small business concerns that--
                    (A) are controlled by women;
                    (B) are controlled by socially and economically 
                disadvantaged individuals (except for women); and
                    (C) are controlled by individuals who are women and 
                who are socially and economically disadvantaged 
                individuals.
    (d) Uniform Certification.--The Secretary shall establish minimum 
uniform criteria for State governments to use in certifying whether a 
small business concern qualifies under this section. The minimum 
uniform criteria shall include--
            (1) an on-site visit;
            (2) a personal interview;
            (3) a license;
            (4) an analysis of stock ownership;
            (5) an analysis of bonding capacity;
            (6) the listing of equipment;
            (7) the listing of work completed; and
            (8) a resume of each principal owner, the financial 
        capacity, and the type of work preferred.
    (e) Reporting.--The Secretary shall establish minimum requirements 
for State governments to use in reporting to the Secretary information 
concerning disadvantaged business enterprise awards, commitments, and 
achievements, and such other information as the Secretary determines 
appropriate for the proper monitoring of the disadvantaged business 
enterprise program.
    (f) Compliance With Court Orders.--Nothing in this section shall 
limit the eligibility of a person to receive funds made available under 
chapter 244, section 24105, or section 26106 of title 49, United States 
Code, if the person is prevented, in whole or in part, from complying 
with subsection (b) because a Federal court issues a final order in 
which the court finds that the requirement of subsection (b) or the 
program established under subsection (b) is unconstitutional.

SEC. 35110. WORKFORCE DEVELOPMENT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall, in consultation with the States, 
local governments, Amtrak, freight railroad, and non-profit employee 
labor organizations--
            (1) complete a study regarding workforce development needs 
        in the passenger and freight rail industry, including what 
        knowledge and skill gaps in planning, financing, engineering, 
        and operating passenger and freight rail systems exist, to 
        assist in creating programs to help improve the rail industry;
            (2) make recommendations based on the results of the study; 
        and
            (3) report the findings and recommendations to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.

SEC. 35111. VETERANS EMPLOYMENT.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Transportation shall--
            (1) conduct a study to evaluate the best means for 
        providing a preference to veterans in the awarding of contracts 
        and subcontracts using amounts made available under chapter 
        244, and sections 24105 and 26104 of title 49, United States 
        Code;
            (2) make recommendations based on the results of the study; 
        and
            (3) report the findings and recommendations to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.

                           Subtitle B--Amtrak

SEC. 35201. STATE-SUPPORTED ROUTES.

    (a) Grant Availability.--In addition to the uses permitted under 
section 209(d) of the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note), a State may use funds provided under 
section 24406 of title 49, United States Code, to temporarily pay 
Amtrak some or all of the operating costs for services identified under 
section 24102(5)(D) of title 49, United States Code, determined under 
the methodology established pursuant to section 209 of the Passenger 
Rail Investment and Improvement Act of 2008 (49 U.S.C. 24101 note), 
that exceed--
            (1) the operating costs (adjusted for inflation) that the 
        State paid Amtrak for the same services in the year prior to 
        the implementation of section 209 of that Act; or
            (2) if the services were not fully State-supported in that 
        year, the full cost the State would have paid Amtrak under the 
        State-supported service costing methodology then in effect.
    (b) Transition Assistance Guidance.--Not later than 180 days after 
the Surface Transportation Board determines the appropriate methodology 
pursuant to section 209 of the Passenger Rail Investment and 
Improvement Act of 2008 (49 U.S.C. 24101 note), the Secretary shall 
develop a transition assistance guidance that includes--
            (1) criteria for phasing-out the temporary operating 
        assistance under this section not later than October 1, 2017;
            (2) a grant application process that permits--
                    (A) States to apply for such funds individually or 
                collectively; and
                    (B) Amtrak to be considered the grant recipient of 
                such funds upon an agreement between a State or States 
                and Amtrak; and
            (3) policies governing financial terms, repayment 
        conditions, and other terms of financial assistance.
    (c) Eligibility.--To be eligible for Federal transition assistance, 
an intercity passenger rail service shall provide high-speed or 
intercity passenger rail revenue operation on routes that are subject 
to section 209 of the Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24101 note).
    (d) Federal Share.--The Federal share of grants under this 
paragraph for eligible costs may be up to 100 percent of the total 
costs under subsection (a).

SEC. 35202. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS ADVISORY 
              COMMISSION.

    (a) Northeast Corridor Infrastructure and Operations Advisory 
Commission Improvements.--Section 24905 is amended--
            (1) by amending the section heading to read as follows:

``SEC. 24905. NORTHEAST CORRIDOR INFRASTRUCTURE AND OPERATIONS ADVISORY 
              COMMISSION IMPROVEMENTS.'';

            (2) by redesignating subsection (e) as subsection (g);
            (3) by striking subsections (a), (b), (c), (d), and (f) and 
        inserting before subsection (g), as redesignated, the 
        following:
    ``(a) Northeast Corridor Infrastructure and Operations Advisory 
Commission.--
            ``(1) In general.--The Secretary of Transportation shall 
        establish a Northeast Corridor Infrastructure and Operations 
        Advisory Commission (referred to in this section as the 
        `Commission') to foster the creation and implementation of a 
        unified, regional, long-term investment strategy for the 
        Northeast Corridor and to promote mutual cooperation and 
        planning pertaining to the capital investment, rail operations 
        and related activities of the Northeast Corridor. The 
        Commission shall be made up of--
                    ``(A) members representing Amtrak;
                    ``(B) members representing the Department of 
                Transportation, including the Federal Railroad 
                Administration and the Office of the Secretary;
                    ``(C) 1 member from each of the States (including 
                the District of Columbia) that constitute the Northeast 
                Corridor as defined in section 24102, designated by, 
                and serving at the pleasure of, the chief executive 
                officer thereof; and
                    ``(D) non-voting representatives of freight 
                railroad carriers using the Northeast Corridor selected 
                by the Secretary.
            ``(2) Membership.--The Secretary shall ensure that the 
        membership belonging to any of the groups enumerated under 
        paragraph (1) shall not constitute a majority of the 
        Commission's memberships.
            ``(3) Meetings.--The Commission shall--
                    ``(A) establish a schedule and location for 
                convening meetings;
                    ``(B) meet not less than 4 times per fiscal year; 
                and
                    ``(C) develop rules and procedures to govern the 
                Commission's proceedings.
            ``(4) Vacancies.--A vacancy in the Commission shall be 
        filled in the manner in which the original appointment was 
        made.
            ``(5) Travel expenses.--Members shall serve without pay but 
        shall receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5.
            ``(6) Chairperson.--The Chairperson of the Commission shall 
        be elected by the members.
            ``(7) Personnel.--The Commission may appoint and fix the 
        pay of such personnel as the Commission considers appropriate.
            ``(8) Detailees.--Upon request of the Commission, the head 
        of any department or agency of the United States may detail, on 
        a reimbursable basis, any of the personnel of that department 
        or agency to the Commission to assist it in carrying out its 
        duties under this section.
            ``(9) Administrative support.--Upon the request of the 
        Commission, the Administrator of General Services shall provide 
        to the Commission, on a reimbursable basis, the administrative 
        support services necessary for the Commission to carry out its 
        responsibilities under this section.
            ``(10) Consultation with other entities.--The Commission 
        shall consult with other entities as appropriate.
    ``(b) Statement of Goals and Recommendations.--
            ``(1) Statement of goals.--The Commission shall develop a 
        statement of goals concerning the future of Northeast Corridor 
        rail infrastructure and operations based on achieving expanded 
        and improved intercity, commuter, and freight rail services 
        operating with greater safety and reliability, reduced travel 
        times, increased frequencies, and enhanced intermodal 
        connections designed to address airport and highway congestion, 
        reduce transportation energy consumption, improve air quality, 
        and increase economic development of the Northeast Corridor 
        region.
            ``(2) Recommendations.--The Commission shall develop 
        recommendations based on the statement of goals developed under 
        this section addressing, as appropriate--
                    ``(A) short-term and long-term capital investment 
                needs beyond those specified in the state-of-good-
                repair plan under section 211 of the Passenger Rail 
                Investment and Improvement Act of 2008 (49 U.S.C. 24902 
                note);
                    ``(B) future funding requirements for capital 
                improvements and maintenance;
                    ``(C) operational improvements of intercity 
                passenger rail, commuter rail, and freight rail 
                services;
                    ``(D) opportunities for additional non-rail uses of 
                the Northeast Corridor;
                    ``(E) scheduling and dispatching;
                    ``(F) safety and security enhancements;
                    ``(G) equipment design;
                    ``(H) marketing of rail services;
                    ``(I) future capacity requirements; and
                    ``(J) potential funding and financing mechanisms 
                for projects of corridor-wide significance.
    ``(c) Northeast Corridor High Speed and Intercity Service 
Development Plan.--
            ``(1) Long-range northeast corridor service development 
        plan.--The Federal Railroad Administration, in coordination 
        with the Commission, Amtrak, the States, and other corridor 
        users, shall complete a long-range Northeast Corridor Service 
        Development Plan not later than December 31, 2014.
            ``(2) Collaboration and cooperation.--The parties 
        comprising the Commission, acting separately and collectively, 
        shall collaborate and cooperate to the maximum extent permitted 
        by law in--
                    ``(A) the preparation of the service development 
                plan;
                    ``(B) the programmatic environmental review 
                process; and
                    ``(C) the subsequent requirements required by the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), including the development of supporting 
                documentation.
    ``(d) Comprehensive Long-Range Northeast Corridor Strategy.--
            ``(1) In general.--Not later than 1 year after completion 
        of the service development plan under subsection (c), the 
        Commission shall develop a comprehensive long-range strategy 
        for the future high-speed, intercity, commuter, and freight 
        rail utilization of the Northeast Corridor that considers--
                    ``(A) the statement of goals developed under 
                subsection (b)(1);
                    ``(B) the recommendations developed under 
                subsection (b)(2);
                    ``(C) the economic development report under 
                subsection (h);
                    ``(D) the service development plan and related 
                alternatives developed through the programmatic 
                environmental review for the Northeast Corridor;
                    ``(E) the capital and operating plans of all 
                entities operating on the Northeast Corridor;
                    ``(F) improvement programs and service initiatives 
                planned by corridor owners and users;
                    ``(G) relevant local, State, and Federal 
                transportation plans; and
                    ``(H) other plans, as appropriate.
            ``(2) Strategy components.--The comprehensive long-range 
        strategy shall include--
                    ``(A) a comprehensive program containing a 
                description and the planned phasing of all Northeast 
                Corridor improvement programs, investments, and other 
                anticipated changes;
                    ``(B) the impacts of the comprehensive program on:
                            ``(i) highway and aviation congestion;
                            ``(ii) economic development;
                            ``(iii) job creation; and
                            ``(iv) the environment;
                    ``(C) the potential financing sources for the 
                comprehensive program, including Federal, State, local, 
                and private sector sources;
                    ``(D) new institutional or other structures 
                necessary to implement the comprehensive program;
                    ``(E) the types of collaboration, participation, 
                arrangements, and support between Amtrak and the 
                Federal Government, the State and local governments in 
                the Northeast Corridor, the commuter rail authorities 
                and freight railroads that utilize the Northeast 
                Corridor, the private sector, and others, as 
                appropriate, that are necessary to achieve the 
                comprehensive program; and
                    ``(F) any regulatory or statutory changes necessary 
                to efficiently advance the comprehensive program.
    ``(e) Access Costs.--
            ``(1) Development of standardized formula.--Not later than 
        September 30, 2013, the Commission shall--
                    ``(A) develop a standardized formula for 
                determining and allocating costs, revenues, and 
                compensation for Northeast Corridor commuter rail 
                passenger transportation (as defined in section 24102) 
                on the Northeast Corridor main line between Boston, 
                Massachusetts, and Washington, District of Columbia, 
                and the Northeast Corridor branch lines connecting to 
                Harrisburg, Pennsylvania, Springfield, Massachusetts, 
                and Spuyten Duyvil, New York, that use Amtrak 
                facilities or services or that provide such facilities 
                or services to Amtrak that ensures that--
                            ``(i) there is no cross-subsidization of 
                        commuter rail passenger, intercity rail 
                        passenger, or freight rail transportation;
                            ``(ii) each service is assigned the costs 
                        incurred only for the benefit of that service, 
                        and a proportionate share, based upon factors 
                        that reasonably reflect relative use, of costs 
                        incurred for the common benefit of more than 1 
                        service; and
                            ``(iii) all financial contributions made by 
                        an operator of a service that benefit an 
                        infrastructure owner other than the operator 
                        are considered, including any capital 
                        infrastructure investments and in-kind 
                        services;
                    ``(B) develop a proposed timetable for implementing 
                the formula not later than December 31, 2014;
                    ``(C) transmit the proposed timetable to the 
                Surface Transportation Board; and
                    ``(D) at the request of a Commission member, 
                petition the Surface Transportation Board to appoint a 
                mediator to assist the Commission members through non-
                binding mediation to reach an agreement under this 
                section.
            ``(2) Implementation.--Amtrak and public authorities 
        providing commuter rail passenger transportation on the 
        Northeast Corridor shall implement new agreements for usage of 
        facilities or services based on the standardized formula under 
        paragraph (1) in accordance with the timetable established 
        therein. If the entities fail to implement the new agreements 
        in accordance with the timetable, the Commission shall petition 
        the Surface Transportation Board to determine the appropriate 
        compensation amounts for such services under section 24904(c). 
        The Surface Transportation Board shall enforce its 
        determination on the party or parties involved.
            ``(3) Revisions.--The Commission may make necessary 
        revisions to the standardized formula developed under paragraph 
        (1), including revisions based on Amtrak's financial accounting 
        system developed under section 203 of the Passenger Rail 
        Investment and Improvement Act of 2008 (49 U.S.C. 24101 note).
    ``(f) Transmission of Statement of Goals, Recommendations, and 
Plans.--The Commission shall transmit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives--
            ``(1) not later than 60 days after the date of enactment of 
        the National Rail System Preservation, Expansion, and 
        Development Act of 2012, the statement of goals under 
        subsection (b);
            ``(2) annually beginning on December 31, 2012, the 
        recommendations under subsection (b)(2) and the standardized 
        formula and timetable under subsection (e)(1); and
            ``(3) the comprehensive long-range strategy under this 
        section.''.; and
            (4) by inserting after subsection (g), as redesignated, the 
        following
    ``(h) Report on Northeast Corridor Economic Development.--Not later 
than September 30, 2013, the Commission shall transmit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives on the role of Amtrak's Northeast Corridor service 
between Washington, District of Columbia, and Boston, Massachusetts, in 
the economic development of the Northeast Corridor region. The report 
shall examine how to enhance the utilization of the Northeast Corridor 
for greater economic development, including--
            ``(1) improving real estate utilization;
            ``(2) improved intercity, commuter, and freight services; 
        and
            ``(3) improving optimum utility utilization.
    ``(i) Northeast Corridor Safety Committee.--
            ``(1) In general.--The Secretary shall establish a 
        Northeast Corridor Safety Committee composed of members 
        appointed by the Secretary. The members shall be 
        representatives of--
                    ``(A) the Department of Transportation, including 
                the Federal Railroad Administration;
                    ``(B) Amtrak;
                    ``(C) freight carriers operating more than 150,000 
                train miles a year on the main line of the Northeast 
                Corridor;
                    ``(D) commuter rail agencies;
                    ``(E) rail passengers;
                    ``(F) rail labor; and
                    ``(G) other individuals and organizations the 
                Secretary decides have a significant interest in rail 
                safety or security.
            ``(2) Function; meetings.--The Secretary shall consult with 
        the Committee about safety and security improvements on the 
        Northeast Corridor main line. The Committee shall meet not less 
        than 2 times per year to consider safety and security matters 
        on the main line.
            ``(3) Report.--At the beginning of the first session of 
        each Congress, the Secretary shall submit a report to the 
        Commission and to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives on the status of efforts to improve safety and 
        security on the Northeast Corridor main line. The report shall 
        include the safety and security recommendations of the 
        Committee and the comments of the Secretary on those 
        recommendations.''.
    (b) Conforming Amendment.--The table of contents for chapter 249 is 
amended by striking the item relating to section 24905 and inserting 
the following:

``24905. Northeast corridor infrastructure and operations advisory 
                            commission improvements.''.

SEC. 35203. NORTHEAST CORRIDOR HIGH-SPEED RAIL IMPROVEMENT PLAN.

    (a) Plans.--Not later than 180 days after the date of enactment of 
this Act, Amtrak shall--
            (1) complete a refined vision for an integrated program of 
        improvements on the Northeast Corridor that will result in, by 
        2040--
                    (A) the development and operation of a new high-
                speed rail system capable of high capacity, 200 mile-
                per-hour or greater operation between Washington, 
                District of Columbia and Boston, Massachusetts;
                    (B) the completion of the improvements identified 
                in the Northeast Corridor Infrastructure Master Plan 
                published by Amtrak on May 19, 2010; and
                    (C) the continued operation of existing and 
                currently planned intercity, commuter, and freight 
                services utilizing the Northeast Corridor during the 
                implementation of the program; and
            (2) complete a business and financing plan to achieve the 
        program under paragraph (1) that identifies the estimated--
                    (A) benefits and costs of the program, including 
                ridership, revenues, capital and operating costs, and 
                cash flow projections;
                    (B) implementation schedule, including the phasing 
                of the program into achievable segments that maximize 
                the benefits and support the ultimate completion of the 
                program;
                    (C) potential financing sources for the program, 
                including Federal, State, local, and private sector 
                sources; and
                    (D) organization changes, new institutional or 
                corporate arrangements, partnerships, procurement 
                techniques, and other structures necessary to implement 
                the program.
    (b) Support.--The Secretary of Transportation shall provide 
appropriate support, assistance, oversight, and guidance to Amtrak 
during the preparation of the plans under subsection (a).
    (c) Submission.--Amtrak shall submit the refined vision and an 
appropriate elements of the business and financing plan to the Federal 
Railroad Administration and the Northeast Corridor Infrastructure and 
Operations Advisory Commission for use in the development of the 
Northeast Corridor High Speed and Intercity Service Development Plan 
and the Comprehensive Long-Range Northeast Corridor Strategy.
    (d) High-speed Rail Equipment.--The Secretary of Transportation 
shall not preclude the use of Federal funds made available to purchase 
rolling stock to purchase any equipment used for ``high-speed rail'' 
(as defined in section 26106(b)(4) of title 49, United States Code) 
that otherwise complies with all applicable Federal standards.

SEC. 35204. NORTHEAST CORRIDOR ENVIRONMENTAL REVIEW PROCESS.

    (a) Northeast Corridor.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall complete a plan and a 
schedule for the completion of the programmatic environmental review 
for the Northeast Corridor. The schedule shall require the completion 
of the programmatic environmental review for the Northeast Corridor not 
later than 3 years after the date of enactment of this Act.
    (b) Coordination With the Northeast Corridor Infrastructure and 
Operations Advisory Commission.--The Federal Railroad Administration 
shall closely coordinate the programmatic environmental review process 
with the Northeast Corridor Infrastructure and Operations Advisory 
Commission.

SEC. 35205. DELEGATION AUTHORITY.

    (a) Delegation of Authority.--In carrying out programmatic or 
project level environmental reviews for high speed and intercity 
passenger rail programs, projects, or services, the Secretary may 
delegate to Amtrak any or all of the Secretary's authority and 
responsibility under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), section 106 of the National Historic Preservation 
Act of 1966 (16 U.S.C. 470f), section 4(f) of the Department of 
Transportation Act (80 Stat. 934), section 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1344), and section 7 of the Endangered 
Species Act of 1973 (16 U.S.C. 1536), and may provide to Amtrak any 
related funding provided to the Secretary for such purposes as the 
Secretary deems necessary if--
            (1) Amtrak agrees in writing to assume the delegated 
        authority and responsibility;
            (2) Amtrak has or can obtain sufficient resources or the 
        Secretary provides such resources to Amtrak to appropriately 
        carry out such authority or responsibility; and
            (3) delegating the authority and responsibility will 
        improve the quality or timeliness of the environmental review.

SEC. 35206. AMTRAK INSPECTOR GENERAL.

    (a) In General.--Chapter 243 is amended by adding after section 
24316 the following:
``Sec. 24317. Inspector general
    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office of the Inspector General of Amtrak the 
following amounts:
            ``(1) For fiscal year 2009, $20,000,000.
            ``(2) For fiscal year 2010, $21,000,000.
            ``(3) For fiscal year 2011, $22,000,000.
            ``(4) For fiscal year 2012, $22,000,000.
            ``(5) For fiscal year 2013, $23,000,000.
    ``(b) Authority.--
            ``(1) In general.--The Inspector General of Amtrak shall 
        have the authority available to other Inspectors General, as 
        necessary in carrying out the duties specified in the Inspector 
        General Act 1978 (5 U.S.C. App. 3), to investigate any alleged 
        violation of sections 286, 287, 371, 641, 1001, 1002 and 1516 
        of title 18.
            ``(2) Agency.--Solely for purposes of sections 286, 287, 
        371, 641, 1001, 1002, and 1516 of title 18, Amtrak and the 
        Amtrak Office of the Inspector General, shall be considered a 
        corporation in which the United States has a proprietary 
        interest as set forth in section 6 of such title.
    ``(c) False Claims.--Claims made or presented to Amtrak shall be 
considered as claims under section 3729(b)(2)(A)(ii) of title 31. 
Statements made or presented to Amtrak shall be considered as 
statements under subparagraphs (B) and (G) of section 3729(a)(1) of 
such title.
    ``(d) Limitation.--Subsections (b) and (c) shall be effective only 
with respect to a fiscal year for which Amtrak receives a Federal 
subsidy.
    ``(e) Qualified Immunity.--
            ``(1) In general.--An employee of the Amtrak Office of 
        Inspector General shall enjoy the same personal qualified 
        immunity from lawsuit or liability as the employees of the 
        Department of Transportation Office of Inspector General with 
        respect to the performance of investigative, audit, inspection, 
        or evaluation functions authorized under the Inspector General 
        Act of 1978 (5 U.S.C. App.) that are carried out for the Amtrak 
        Office of Inspector General.
            ``(2) Federal government liability.--No liability of any 
        kind shall attach to or rest upon the United States for any 
        damages from or by any actions of the Amtrak Office of 
        Inspector General, its employees, agents, or representatives.
    ``(f) Services.--Amtrak and the Inspector General of Amtrak may 
obtain services under sections 502(a) and 602 of title 40, including 
travel programs, from the Administrator of General Services. The 
Administrator of General Services shall provide services under sections 
502(a) and 602 of title 40, to Amtrak and the Inspector General.''.
    (b) Management Assessment.--Section 24310 is amended to read as 
follows:
    ``(a) In General.--Not later than 3 years after the date of 
enactment of the Passenger Rail Investment and Improvement Act of 2008 
(122 Stat. 4907) and 2 years thereafter--
            ``(1) the Inspector General of the Department of 
        Transportation shall complete an overall assessment of the 
        progress made by the Department of Transportation in 
        implementing the provisions of that Act; and
            ``(2) the Inspector General of Amtrak shall complete an 
        overall assessment of the progress made by Amtrak management in 
        implementing the provisions of the Passenger Rail Investment 
        and Improvement Act of 2008 (122 Stat. 4907).
    ``(b) Assessment.--The management assessment by the Amtrak 
Inspector General may include a review of--
            ``(1) the effectiveness in improving annual financial 
        planning;
            ``(2) the effectiveness in improving financial accounting;
            ``(3) Amtrak management's efforts to implement minimum 
        train performance standards;
            ``(4) Amtrak management's progress toward maximizing 
        revenues, minimizing Federal subsidies, and improving financial 
        results; and
            ``(5) any other aspect of Amtrak operations that the Amtrak 
        Inspector General finds appropriate.''.
    (c) Inspector General Policies and Procedures.--The Amtrak 
Inspector General and Amtrak shall--
            (1) continue to follow the policies and procedures for 
        interacting with one another in a manner that is consistent 
        with the Inspector General Act of 1978 (5 U.S.C. App.), as 
        approved by the Council of the Inspectors General on Integrity 
        and Efficiency; and
            (2) work toward establishing proper protocols and firewalls 
        to maintain the Amtrak Inspector General's independence, as 
        appropriate.
    (d) Improvements.--The Amtrak Inspector General and Amtrak shall 
identify any funding needs and authority improvements necessary to 
effectuate the policies, procedures, protocols, and firewalls under 
subsection (c) and submit a report of the necessary funding and 
authority improvements as part of their annual budget requests.
    (e) Technical Amendment.--Section 101 of the Passenger Rail 
Investment and Improvement Act of 2008 (122 Stat. 4907), is amended by 
striking subsection (b) and inserting the following:
    ``(b) [Reserved].''.
    (f) Clerical Amendment.--The table of contents for chapter 243 is 
amended by adding at the end the following:

``24317. Inspector General.''.

SEC. 35207. COMPENSATION FOR PRIVATE-SECTOR USE OF FEDERALLY-FUNDED 
              ASSETS.

    If capital assets that are owned by a public entity or Amtrak built 
or improved with Federal funds authorized under subtitle V of title 49, 
United States Code, are made available for exclusive use by a for-
profit entity, except for an entity owned or controlled by the 
Department of Transportation, for the purpose of providing intercity 
passenger rail service, the Secretary may require, as appropriate, that 
the for-profit entity provide adequate compensation, as determined by 
the Secretary, to the United States for the use of the capital assets 
in an amount that reflects the benefit of the Federal funding to the 
for-profit entity.

SEC. 35208. ON-TIME PERFORMANCE.

    Where the on time performance of any intercity passenger train 
averages less than 80 percent for any 2 consecutive calendar quarters 
and the failure to meet such performance levels is solely the 
responsibility of the host railroad, Amtrak shall not pay the host 
railroad any incentive payments for on time performance of the subject 
intercity passenger train during such calendar quarters.

SEC. 35209. BOARD OF DIRECTORS.

    Section 24302(a)(3) is amended by striking ``5'' the second place 
it appears and inserting ``4''.

SEC. 35210. AMTRAK.

    Section 24305(f) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(5) The requirements under this subsection shall apply to 
        all contracts eligible for assistance under this chapter for a 
        project carried out within the scope of the applicable finding, 
        determination, or decision under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 
        funding source of such contracts, if at least 1 contract for 
        the project is funded with amounts made available to carry out 
        this chapter.''.

                  Subtitle C--Rail Safety Improvements

SEC. 35301. POSITIVE TRAIN CONTROL.

    (a) Review and Approval.--Section 20157(c) is amended to read as 
follows:
    ``(c) Review and Approval.--
            ``(1) Review.--Not later than 90 days after the Secretary 
        receives a proposed plan, the Secretary shall review and 
        approve or disapprove it. If a proposed plan is not approved, 
        the Secretary shall notify the affected railroad carrier or 
        other entity as to the specific deficiencies in the proposed 
        plan. The railroad carrier or other entity shall correct the 
        deficiencies not later than 30 days after receipt of the 
        written notice.
            ``(2) Amendments.--The Secretary shall review any 
        amendments to a plan in the time frame required by section (1).
            ``(3) Annual review.--The Secretary shall conduct an annual 
        review to ensure that each railroad carrier and entity is 
        complying with its plan, including a railroad carrier or entity 
        that elects to fully implement a positive train control system 
        prior to the required deadline.''.
    (b) Report Criteria.--Section 20157(d) is amended to read as 
follows:
    ``(d) Report.--Not later than June 30, 2012, the Secretary shall 
submit a report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives on the progress of the 
railroad carriers in implementing the positive train control systems, 
including--
            ``(1) the likelihood that each railroad will meet the 
        December 31, 2015 deadline;
            ``(2) the obstacles to each railroad's successful 
        implementation, including the obstacles identified in the 
        General Accountability Office's report issued on December 15, 
        2010, and titled `Rail Safety: Federal Railroad Administration 
        Should Report on Risks to Successful Implementation of Mandated 
        Safety Technology' (GAO-11-133); and
            ``(3) the actions that Congress, railroads, relevant 
        Federal entities, and other stakeholders can take to mitigate 
        obstacles to successful implementation.''.
    (c) Extension Authority.--Section 20157 is amended--
            (1) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (2) by inserting after subsection (g) the following:
    ``(h) Extension.--
            ``(1) In general.--After completing the report under 
        subsection (d), the Secretary may extend in 1 year increments, 
        upon application, the implementation deadline, if the 
        Secretary--
                    ``(A) determines that--
                            ``(i) full implementation will likely be 
                        infeasible due to circumstances beyond the 
                        control of the applicant, including funding 
                        availability, spectrum acquisition, resource 
                        and technology availability, and 
                        interoperability standards;
                            ``(ii) the applicant has demonstrated good 
                        faith in its positive train control 
                        implementation;
                            ``(iii) the applicant has presented a 
                        revised positive train control implementation 
                        plan indicating how it will fully implement 
                        positive train control as soon as feasible, and 
                        not later than December 31, 2018; and
                            ``(iv) such extension will not extend 
                        beyond December 31, 2018; and
                    ``(B) takes into consideration--
                            ``(i) whether the affected areas of track 
                        have been identified as areas of greater risk 
                        to the public and railroad employees in the 
                        applicant's positive train control 
                        implementation plan under section 
                        236.1011(a)(4) of title 49, Code of Federal 
                        Regulations; and
                            ``(ii) the risk of operational failure to 
                        the affected service areas and the applicant.
            ``(2) Application review.--The Secretary shall review an 
        application submitted pursuant to paragraph (1) and approve or 
        disapprove the application not later than 10 days after the 
        application is received.''.
    (d) Applicability.--Section 20157 is amended by striking 
``transported;'' in subsection (a)(1)(B) and inserting ``transported on 
or after December 31, 2015;''.

SEC. 35302. ADDITIONAL ELIGIBILITY FOR RAILROAD REHABILITATION AND 
              IMPROVEMENT FINANCING.

    (a) Positive Train Control Systems.--Section 502(b)(1) of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
822(b)(1)), is amended--
            (1) in subparagraph (B) by striking ``or'';
            (2) in subparagraph (C) by striking ``facilities.'' and 
        inserting ``facilities; or''; and
            (3) by adding at the end the following:
                    ``(D) implement a positive train control system, as 
                required by section 20157 of title 49, United States 
                Code.''.
    (b) Positive Train Control Collateral.--Section 502(h)(2) of the 
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 
822(h)(2)), is amended by adding at the end the following:
            ``For purposes of making a finding under subsection (g)(4) 
        for a loan for positive train control, the total cost of the 
        labor and materials associated with installing positive train 
        control shall be deemed to be equal to the collateral value of 
        that asset.''.

SEC. 35303. FCC STUDY OF SPECTRUM AVAILABILITY.

    (a) Spectrum Needs Assessment.--Not later than 120 days after the 
date of enactment of this Act, the Secretary of Transportation and the 
Chairman of the Federal Communications Commission shall coordinate to 
assess spectrum needs and availability for implementing positive train 
control systems, as defined in section 20157 of title 49, United States 
Code. In conducting the spectrum needs assessment, the Secretary and 
the Chairman shall--
            (1) evaluate the information provided in the Federal 
        Communications Commission WT-11-79 proceeding;
            (2) evaluate the positive train control implementations 
        plans and any subsequent amendments or waivers to those plans 
        provided to the Federal Railroad Administration; and
            (3) evaluate individual railroad spectrum demand studies.
    (b) Recommendations.--Not later than 90 days after the completion 
of the spectrum needs assessment under subsection (a), the Secretary 
and the Chairman shall submit a plan to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives, for 
approximate resolution to any issues that may prevent railroad carriers 
or entities from complying with the December 31, 2015, positive train 
control implementation deadline.

                        Subtitle D--Freight Rail

SEC. 35401. RAIL LINE RELOCATION.

    Section 20154 is amended--
            (1) in subsection (b)--
                    (A) by striking ``either'';
                    (B) by striking ``or'' at the end of paragraph (1);
                    (C) by striking the period at the end of paragraph 
                (2) and inserting ``; or''; and
                    (D) by adding at the end the following:
            ``(3) involves a lateral or vertical relocation of any 
        portion of a road.'';
            (2) in subsection (e)(1), by striking ``10'' and inserting 
        ``20''; and
            (3) in subsection (h)(3), by inserting ``a public agency,'' 
        after ``of a State,''.

SEC. 35402. COMPILATION OF COMPLAINTS.

    (a) In General.--Section 704 is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 704. Reports'';
            (2) by inserting ``(a) Annual Report.--'' before ``The 
        Board''; and
            (3) by adding at the end the following:
    ``(b) Complaints.--
            ``(1) In general.--The Board shall establish and maintain a 
        database of complaints received by the Board.
            ``(2) Quarterly report.--The Board shall post a quarterly 
        report of formal and informal service complaints received by 
        the Board during the previous quarter that includes--
                    ``(A) a list of the type of each complaint;
                    ``(B) the geographic region of the complaint; and
                    ``(C) the resolution of the complaint, if 
                appropriate.
            ``(3) Written consent.--The quarterly report may identify a 
        complainant that submitted an informal complaint only upon the 
        written consent of the complainant.
            ``(4) Website posting.--The report shall be posted on the 
        Board's public website.''.
    (b) Conforming Amendment.--The table of contents for chapter 7 is 
amended by striking the item relating to section 704 and inserting the 
following:

``704. Reports.''.

SEC. 35403. MAXIMUM RELIEF IN CERTAIN RATE CASES.

    (a) In General.--The Surface Transportation Board shall revise the 
maximum amount of rate relief available to railroad shippers in cases 
brought pursuant to the method developed under section 10701(d)(3) of 
title 49, United States Code, as that section existed as of the date of 
enactment of this Act, to be as follows:
            (1) $1,500,000 in a rate case brought using the Surface 
        Transportation Board's ``three-benchmark'' procedure.
            (2) $10,000,000 in a rate case brought using the Surface 
        Transportation Board's ``simplified stand-alone cost'' 
        procedure.
    (b) Periodic Review.--The Board shall periodically review the 
amounts established by subsection (a) and revise the amounts, as 
appropriate.

SEC. 35404. RATE REVIEW TIMELINES.

    In stand-alone cost rate challenges, the Surface Transportation 
Board shall comply with the following timelines unless it extends them, 
after a request from any party or in the interest of due process:
            (1) For discovery, 150 days after the date on which the 
        challenge is initiated.
            (2) For development of the evidentiary record, 155 days 
        after that date.
            (3) For submission of parties' closing briefs, 60 days 
        after that date.
            (4) For a final Board decision, 180 days after the date on 
        which the parties submit closing briefs.

SEC. 35405. REVENUE ADEQUACY STUDY.

    (a) Revenue Adequacy Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Surface Transportation Board shall 
        initiate a study to provide further guidance on how it will 
        apply its revenue adequacy constraint.
            (2) Considerations.--In conducting the study, the Surface 
        Transportation Board shall consider whether to apply the 
        revenue adequacy constrain using replacement costs to value the 
        assets of rail facilities and equipment.
    (b) Public Notice.--In conducting the study under subsection (a), 
the Surface Transportation Board shall--
            (1) provide public notice;
            (2) an opportunity for comment; and
            (3) conduct 1 or more public hearings.
    (c) Report.--Not later than 60 days after the study under 
subsection (a) is complete, the Surface Transportation Board shall 
submit the findings of the study to the Commerce, Science, and 
Transportation Committee of the Senate and the Transportation and 
Infrastructure Committee of the House of Representatives.

SEC. 35406. QUARTERLY REPORTS.

    Not later than 60 days after the date of enactment of this Act, the 
Surface Transportation Board shall provide quarterly reports to the 
Commerce, Science, and Transportation Committee of the Senate and the 
Transportation and Infrastructure Committee of the House of 
Representatives on the Surface Transportation Board's progress toward 
addressing issues raised in unfinished regulatory proceedings, 
regardless of whether a proceeding is subject to a statutory or 
regulatory deadline.

SEC. 35407. WORKFORCE REVIEW.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Chairman of the Surface Transportation 
Board, in consultation with the Director of the Office of Personnel 
Management, shall conduct a review of the Surface Transportation Board 
workforce to assist in the development of a comprehensive, long-term 
human capital improvement plan.
    (b) Plan.--Not later than 180 days after the review under 
subsection (a) is complete, the Chairman shall develop a comprehensive, 
long-term human capital improvement plan for Surface Transportation 
Board personnel to identify--
            (1) the optimal workforce size of the Surface 
        Transportation Board to address its current and future program 
        needs;
            (2) the hiring, training, managing, and compensation needs 
        to recruit and retain qualified personnel, including experts to 
        assess long-standing and emerging railroad industry trends;
            (3) the means for improving the current organizational 
        structure and workforce to most efficiently execute the Surface 
        Transportation Board's mission; and
            (4) any recommendations for potential coordination with 
        colleges, universities, or other non-profit organizations for 
        training programs to support workforce development.
    (c) Report.--The Chairman shall submit the plan to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives.

SEC. 35408. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.

    (a) Conditions of Assistance.--Section 502(h)(2) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(h)(2)), 
as amended by section 36302 of this Act, is amended by adding at the 
end the following:
    ``The Secretary shall accept, for the purpose of making a finding 
with regard to adequate collateral for a public entity, the net present 
value on a future stream of State or local subsidy income or a 
dedicated revenue as collateral offered to secure a loan.''.
    (b) Eligible Purposes.--Section 502(b)(1) of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(1)), 
as amended by section 36302 of this Act, is further amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) conduct preliminary engineering, 
                environmental review, permitting, or other pre-
                construction activities.''.
    (c) Study.--The Secretary shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
detailing recommendations for improving the Railroad Rehabilitation and 
Improvement Financing program administration, including timely 
processing of applications, expansion of eligibilities, and other 
issues that impede passenger and rail carriers from utilizing the 
program.

                   Subtitle E--Technical Corrections

SEC. 35501. TECHNICAL CORRECTIONS.

    (a) Rail Safety Improvement Act of 2008.--
            (1) The table of contents in section 1(b) of the Rail 
        Safety Improvement Act of 2008 (122 Stat. 4848) is amended--
                    (A) by striking the item relating to section 201 
                and inserting the following:

``Sec. 201. Pedestrian safety at or near railroad passenger 
                            stations.''; and
                    (B) by striking the item relating to section 403 
                and inserting the following:

``Sec. 403. Study and rulemaking on track inspection time; rulemaking 
                            on concrete crossties.''.
            (2) Section 2(a)(1) of the Rail Safety Improvement Act of 
        2008 (49 U.S.C. 20102 note), is amended by inserting a comma 
        after ``railroad tracks at grade''.
            (3) Section 102(a) of the Rail Safety Improvement Act of 
        2008 (49 U.S.C. 20101 note), is amended--
                    (A) by striking ``, at a minimum,'';
                    (B) in paragraph (1), by inserting a comma after 
                ``railroads''; and
                    (C) by amending paragraph (6) to read as follows:
            ``(6) Improving the safety of railroad bridges, tunnels, 
        and related infrastructure to prevent accidents, incidents, 
        injuries, and fatalities caused by catastrophic and other 
        failures of such infrastructure.''.
            (4) Section 108(f)(1) of the Rail Safety Improvement Act of 
        2008 (49 U.S.C. 21101 note), is amended by striking 
        ``requirements for recordkeeping and reporting for Hours of 
        Service of Railroad Employees'' and inserting ``requirements 
        for record keeping and reporting for hours of service of 
        railroad employees''.
            (5) Section 201 of the Rail Safety Improvement Act of 2008 
        (49 U.S.C. 20134 note), is amended--
                    (A) in the section heading, by striking 
                ``pedestrian crossing safety.'' and inserting 
                ``pedestrian safety at or near railroad passenger 
                stations.'';
                    (B) by striking ``strategies and methods to prevent 
                pedestrian accidents, incidents, injuries, and 
                fatalities at or near passenger stations, including'' 
                and inserting ``strategies and methods to prevent 
                train-related accidents, incidents, injuries, and 
                fatalities that involve a pedestrian at or near a 
                railroad passenger station, including''; and
                    (C) in paragraph (1) by striking ``at railroad 
                passenger stations''.
            (6) Section 206(a) of the Rail Safety Improvement Act of 
        2008 (49 U.S.C. 22501 note), is amended by striking ``Public 
        Service Announcements'' and inserting ``public service 
        announcements''.
            (7) Section 403 of the Rail Safety Improvement Act of 2008 
        (49 U.S.C. 20142 note), is amended--
                    (A) in the section heading, by striking ``track 
                inspection time study.'' and inserting ``study and 
                rulemaking on track inspection time; rulemaking on 
                concrete crossties.''; and
                    (B) in subsection (d)--
                            (i) by striking ``Cross Ties'' in the 
                        subsection heading and inserting ``Crossties'';
                            (ii) by striking ``cross ties'' and 
                        inserting ``crossties''; and
                            (iii) in paragraph (2), by striking ``cross 
                        tie'' and inserting ``crosstie''.
            (8) Section 405 of the Rail Safety Improvement Act of 2008 
        (49 U.S.C. 20103 note), is amended--
                    (A) in subsection (a), by striking ``cell phones'' 
                and inserting ``cellular telephones''; and
                    (B) in subsection (d)--
                            (i) by striking ``of Transportation''; and
                            (ii) by striking ``cell phones'' and 
                        inserting ``cellular telephones''.
            (9) Section 411(a) of the Rail Safety Improvement Act of 
        2008 (49 U.S.C. 5103 note), is amended--
                    (A) by striking ``5101(a)'' and inserting 
                ``5105(a)''; and
                    (B) by striking ``5101(b)'' and inserting 
                ``5105(b)''.
            (10) Section 412 of the Rail Safety Improvement Act of 2008 
        (49 U.S.C. 20140 note), is amended by striking ``of 
        Transportation''.
            (11) Section 414(2) of the Rail Safety Improvement Act of 
        2008 (49 U.S.C. 20103 note), is amended--
                    (A) by striking ``parts'' and inserting 
                ``sections''; and
                    (B) by striking ``part'' and inserting ``section''.
            (12) Section 416 of the Rail Safety Improvement Act of 2008 
        (49 U.S.C. 20107 note), is amended--
                    (A) by striking ``of Transportation'';
                    (B) in paragraphs (3) and (4), by striking 
                ``Federal Railroad Administration'' and inserting 
                ``Secretary''; and
                    (C) in paragraph (4), by striking ``subsection'' 
                and inserting ``section''.
            (13) Section 417(c) of the Rail Safety Improvement Act of 
        2008 (49 U.S.C. 20103 note), is amended by striking ``each 
        railroad'' and inserting ``each railroad carrier''.
            (14) Section 503 of the Rail Safety Improvement Act of 2008 
        (49 U.S.C. 1139 note), is amended--
                    (A) in subsection (a), by striking ``rail 
                accidents'' and inserting ``rail passenger accidents'';
                    (B) in subsection (b)--
                            (i) by striking ``passenger rail 
                        accidents'' and inserting ``rail passenger 
                        accidents''; and
                            (ii) by striking ``passenger rail 
                        accident'' each place it appears and inserting 
                        ``rail passenger accidents''; and
                    (C) by adding at the end the following:
    ``(d) Definitions.--In this section, the terms `passenger', `rail 
passenger accident', and `rail passenger carrier' have the meanings 
given the terms in section 1139 of title 49, United States Code.''
    ``(e) Funding.--Out of the funds appropriated pursuant to section 
20117(a)(1)(A) of title 49, United States Code, there shall be made 
available to the Secretary of Transportation $500,000 for fiscal year 
2009 to carry out this section. Amounts made available pursuant to this 
subsection shall remain available until expended.''.
    (b) Passenger Rail Investment and Improvement Act of 2008.--
            (1) Section 206(a) of the Passenger Rail Investment and 
        Improvement Act of 2008 (49 U.S.C. 24101 note), is amended by 
        inserting ``of this division'' after ``302''.
            (2) Section 211 of the Passenger Rail Investment and 
        Improvement Act of 2008 (49 U.S.C. 24902 note), is amended--
                    (A) in subsection (d), by inserting ``of this 
                division'' after ``101(c)''; and
                    (B) in subsection (e), by inserting ``of this 
                division'' after ``101(d)''.
    (c) Title 49 of the United State Code.--
            (1) Section 1139 is amended--
                    (A) in subsection (a)(1), by striking ``phone 
                number'' and inserting ``telephone number'';
                    (B) in subsection (a)(2), by striking ``post 
                trauma'' and inserting ``post-trauma'';
                    (C) in subsections (h)(1)(A) and (h)(2)(A)--
                            (i) by striking ``interstate''; and
                            (ii) by striking ``such term is'';
                    (D) in subsection (g)(1), by striking ``board'' in 
                the heading and inserting ``Board'';
                    (E) in subsections (h)(1)(B) and (h)(2)(B)--
                            (i) by striking ``interstate or 
                        intrastate''; and
                            (ii) by striking ``such term is'';
                    (F) in subsection (j)(1)--
                            (i) by striking ``(other than subsection 
                        (g))'' and inserting ``(except for subsections 
                        (g) and (k))''; and
                            (ii) by striking ``railroad passenger 
                        accident'' and inserting ``rail passenger 
                        accident''; and
                    (G) in subsection (j)(2), by striking ``railroad 
                passenger accident'' and inserting ``rail passenger 
                accident''.
            (2) Section 10909(b) is amended--
                    (A) by striking ``Railroad'' and inserting 
                ``Railroads''; and
                    (B) in paragraph (2), by inserting a comma after 
                ``comment''.
            (3) Section 20109 is amended--
                    (A) in subsection (c)(1), by striking ``the 
                railroad shall promptly arrange'' and inserting ``the 
                railroad carrier shall promptly arrange'';
                    (B) in subsection (d)(2)(A)(i), by striking ``(d)'' 
                and inserting ``paragraph'' after ``under'';
                    (C) in subsection (d)(2)(A)(iii), by inserting 
                ``section'' after ``set forth in''; and
                    (D) in subsection (d)(4)(i), by striking ``must'' 
                and inserting ``shall''.
            (4) Section 20120(a) is amended--
                    (A) by striking ``(a) In General'' and inserting 
                ``Not'';
                    (B) in paragraph (2)(G), by inserting ``and'' after 
                the semicolon;
                    (C) in paragraph (4), by striking ``provide'' and 
                inserting ``provides'';
                    (D) in paragraph (5)(B), by striking 
                ``Administrative Hearing Officer or Administrative Law 
                Judge'' and inserting ``administrative hearing officer 
                or administrative law judge''; and
                    (E) in paragraph (7), by striking ``its'' and 
                inserting ``the Secretary's or the Federal Railroad 
                Administrator's''.
            (5) Section 20151(d)(1) is amended by striking ``to drive 
        around a grade crossing gate'' and inserting ``to drive 
        through, around, or under a grade crossing gate''.
            (6) Section 20152(b) is amended by striking ``rail 
        carriers'' and inserting ``railroad carriers''.
            (7) Section 20156 is amended--
                    (A) in subsection (c), by inserting a comma after 
                ``In developing its railroad safety risk reduction 
                program''; and
                    (B) in subsection (g)(1), by striking ``non-
                profit'' and inserting ``nonprofit''.
            (8) Section 20157(a)(1) is amended--
                    (A) by striking ``Class I railroad carrier'' and 
                inserting ``Class I railroad''; and
                    (B) by striking ``parts'' and inserting 
                ``sections''.
            (9) Section 20158(b)(3) is amended by striking 
        ``20156(e)(2)'' and inserting ``20156(e)''.
            (10) Section 20159 is amended by inserting ``of 
        Transportation'' after ``the Secretary''.
            (11) Section 20160 is amended--
                    (A) in subsection (a)(1), by striking ``or with 
                respect to'' and inserting ``with respect to'';
                    (B) in subsection (b)(1), by striking ``On a 
                periodic basis beginning not'' and inserting ``Not''; 
                and
                    (C) in subsection (b)(1)(A), by striking ``or with 
                respect to'' and inserting ``with respect to''.
            (12) Section 20162(a)(3) is amended by striking ``railroad 
        compliance with Federal standards'' and inserting ``railroad 
        carrier compliance with Federal standards''.
            (13) Section 20164(a) is amended by striking ``Railroad 
        Safety Enhancement Act of 2008'' and inserting ``Rail Safety 
        Improvement Act of 2008''.
            (14) Section 21102(c)(4) is amended by redesignating 
        subparagraphs (C) and (D) as subparagraphs (B) and (C), 
        respectively.
            (15) Section 22106(b) is amended by striking ``interest 
        thereof'' and inserting ``interest thereon''.
            (16) Section 24101(b) is amended by striking ``subsection 
        (d)'' and inserting ``subsection (c)''.
            (17) Section 24316 is amended by striking subsection (g).
            (18) The item relating to section 24316 in the table of 
        contents for chapter 243 is amended by striking ``assist'' and 
        inserting ``address needs of''.
            (19) Section 24702(a) is amended by striking ``not included 
        in the national rail passenger transportation system''.
            (20) Section 24706 is amended--
                    (A) in subsection (a)(1), by striking ``a 
                discontinuance under section 24704 or or'';
                    (B) in subsection (a)(2), by striking ``section 
                24704 or''; and
                    (C) in subsection (b), by striking ``section 24704 
                or''.
            (21) Section 24709 is amended by striking ``The Secretary 
        of the Treasury and the Attorney General,'' and inserting ``The 
        Secretary of Homeland Security,''.

SEC. 35502. CONDEMNATION AUTHORITY.

    Section 24311(c) is amended--
            (1) in paragraph (1), by striking ``Interstate Commerce 
        Commission'' and inserting ``Surface Transportation Board'';
            (2) in paragraph (2), by striking ``Commission's'' and 
        inserting ``Board's''; and
            (3) by striking ``Commission'' each place it appears and 
        inserting ``Board''.

  Subtitle F--Licensing and Insurance Requirements for Passenger Rail 
                                Carriers

SEC. 35601. CERTIFICATION OF PASSENGER RAIL CARRIERS.

    (a) Section 10901 is amended by adding at the end the following:
    ``(e) Not later than 2 years after the date of enactment of the 
National Rail System Preservation, Expansion, and Development Act of 
2012, the Board shall establish a certification process to authorize a 
person to provide passenger rail transportation over a railroad line 
that is subject to the jurisdiction of the Board, except that such 
certification shall not be required for or apply to a freight railroad 
providing or hosting passenger rail transportation over its own 
railroad line.
    ``(f) After the certification process is established under 
subsection (e), no person may provide passenger rail transportation 
over a railroad line subject to the jurisdiction of the Board unless 
the person is granted a certificate under subsection (e).
    ``(g) The certification process under subsection (e) shall--
            ``(1) permit a person to initiate a proceeding for a 
        certificate by filing an application with the Board; and
            ``(2) require the Board to provide reasonable public notice 
        that a proceeding was initiated, including notice to the 
        Governor of any affected State, not later than 30 days after 
        receipt of the application under paragraph (1).
    ``(h) The Board may grant a certificate under subsection (e) if the 
Board determines after consultation with the Secretary of 
Transportation or the Secretary of Homeland Security, as appropriate, 
that the applicant--
            ``(1) has or will have in effect a voluntary agreement with 
        the infrastructure owner over which the passenger rail 
        transportation will be provided or contractual or statutory 
        authority that provides for access to such infrastructure;
            ``(2) demonstrates sufficient financial capacity and 
        operating experience to provide passenger rail transportation;
            ``(3) meets all applicable safety and security requirements 
        under the law;
            ``(4) maintains a total minimum liability coverage for 
        claims through insurance and self-insurance of not less than 
        the amount required by section 28103(a)(2) per accident or 
        incident; and
            ``(5) complies with any additional requirements the Board 
        determines are appropriate, including reporting requirements to 
        ensure continued compliance with this section.
    ``(i) A certificate granted under subsection (e) shall specify the 
person to provide or authorized to provide passenger rail 
transportation, if different from the applicant.
    ``(j) The Board may promulgate regulations--
            ``(1) for determining the adequacy of liability insurance 
        coverage, including self-insurance; and
            ``(2) for suspending or canceling a certificate if the 
        person to provide or authorized to provide passenger rail 
        transportation fails to comply with subsection (h).
    ``(k) This section shall not apply to tourist, historical, or 
excursion passenger rail transportation or other rail carrier that has 
already obtained construction or operating authority from the Board.''.
    (b) Section 24301(c) is amended by adding ``10901(e),'' after 
``sections'' in the first sentence.
    (c) Section 10501(c)(3)(A) is amended--
            (1) in clause (ii), by striking ``and'';
            (2) in clause (iii), by striking the period at the end and 
        inserting `` ; and''; and
            (3) by adding at the end the following:
                            ``(iv) section 10901(e).''.
    (d) Section 14901 is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively;
            (2) by inserting after subsection (e) the following:
    ``(f) Certification Required.--A person shall be subject to a 
penalty of $300 for each passenger transported if the person--
            ``(1) provides passenger rail transportation subject to 
        jurisdiction under section 10501(a); and
            ``(2) does not hold a certificate required under section 
        10901(e).''; and
            (3) in subsection (g), as redesignated, by striking 
        ``through (e)'' and inserting ``through (f)''.
    (e) Section 10502(g) is amended to read as follows:
    ``(g) The Board may not exercise its authority under this section 
to relieve a rail carrier of its obligation to protect the interests of 
employees as required by this part, or of the requirements of section 
10901(g).''.

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

SEC. 36001. SHORT TITLE.

    This title may be cited as the ``Sport Fish Restoration and 
Recreational Boating Safety Act of 2012''.

SEC. 36002. AMENDMENT OF FEDERAL AID IN SPORT FISH RESTORATION ACT.

    Section 4 of the Federal Aid in Fish Restoration Act (16 U.S.C. 
777c) is amended--
            (1) in subsection (a), by striking ``of fiscal years 2006 
        through 2011 and for the period beginning on October 1, 2011, 
        and ending on March 31, 2012,'' and inserting ``fiscal year 
        through 2013,''; and
            (2) in subsection (b)(1)(A), by striking ``of fiscal years 
        2006 through 2011 and for the period beginning on October 1, 
        2011, and ending on March 31, 2012,'' and inserting ``fiscal 
        year through 2013,''.

                        TITLE VII--MISCELLANEOUS

SEC. 37001. AIRCRAFT NOISE ABATEMENT.

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

                          DIVISION D--FINANCE

SEC. 40001. SHORT TITLE.

    This division may be cited as the ``Highway Investment, Job 
Creation, and Economic Growth Act of 2012''.

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

SEC. 40101. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY.

    (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code 
of 1986 is amended--
            (1) by striking ``April 1, 2012'' in subsections (b)(6)(B), 
        (c)(1), and (e)(3) and inserting ``October 1, 2013''; and
            (2) by striking ``Surface Transportation Extension Act of 
        2011, Part II'' in subsections (c)(1) and (e)(3) and inserting 
        ``Moving Ahead for Progress in the 21st Century Act''.
    (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of 
the Internal Revenue Code of 1986 is amended--
            (1) by striking ``Surface Transportation Extension Act of 
        2011, Part II'' each place it appears in subsection (b)(2) and 
        inserting ``Moving Ahead for Progress in the 21st Century 
        Act''; and
            (2) by striking ``April 1, 2012'' in subsection (d)(2) and 
        inserting ``October 1, 2013''.
    (c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of 
section 9508(e) of the Internal Revenue Code of 1986 is amended by 
striking ``April 1, 2012'' and inserting ``October 1, 2013''.
    (d) Establishment of Solvency Account.--Section 9503 of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new subsection:
    ``(g) Establishment of Solvency Account.--
            ``(1) Creation of account.--There is established in the 
        Highway Trust Fund a separate account to be known as the 
        `Solvency Account' consisting of such amounts as may be 
        transferred or credited to the Solvency Account as provided in 
        this section or section 9602(b).
            ``(2) Transfers to solvency account.--The Secretary of the 
        Treasury shall transfer to the Solvency Account the excess of--
                    ``(A) any amount appropriated to the Highway Trust 
                Fund before October 1, 2013, by reason of the 
                provisions of, and amendments made by, the Highway 
                Investment, Job Creation, and Economic Growth Act of 
                2012, over
                    ``(B) the amount necessary to meet the required 
                expenditures from the Highway Trust Fund under 
                subsection (c) for the period ending before October 1, 
                2013.
            ``(3) Expenditures from account.--Amounts in the Solvency 
        Account shall be available for transfers to the Highway Account 
        (as defined in subsection (e)(5)(B)) and the Mass Transit 
        Account in such amounts as determined necessary by the 
        Secretary to ensure that each account has a surplus balance of 
        $2,800,000,000 on September 30, 2013.
            ``(4) Termination of account.--The Solvency Account shall 
        terminate on September 30, 2013, and the Secretary shall 
        transfer any remaining balance in the Account on such date to 
        the Highway Trust Fund.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on April 1, 2012.

SEC. 40102. EXTENSION OF HIGHWAY-RELATED TAXES.

    (a) In General.--
            (1) Each of the following provisions of the Internal 
        Revenue Code of 1986 is amended by striking ``March 31, 2012'' 
        and inserting ``September 30, 2015'':
                    (A) Section 4041(a)(1)(C)(iii)(I).
                    (B) Section 4041(m)(1)(B).
                    (C) Section 4081(d)(1).
            (2) Each of the following provisions of such Code is 
        amended by striking ``April 1, 2012'' and inserting ``October 
        1, 2015'':
                    (A) Section 4041(m)(1)(A).
                    (B) Section 4051(c).
                    (C) Section 4071(d).
                    (D) Section 4081(d)(3).
    (b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each 
of the following provisions of the Internal Revenue Code of 1986 is 
amended by striking ``2012'' and inserting ``2015'':
            (1) Section 4481(f).
            (2) Subsections (c)(4) and (d) of section 4482.
    (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``April 1, 2012'' each place it appears and 
        inserting ``October 1, 2015'';
            (2) by striking ``September 30, 2012'' each place it 
        appears and inserting ``March 31, 2016''; and
            (3) by striking ``July 1, 2012'' and inserting ``January 1, 
        2016''.
    (d) Extension of Certain Exemptions.--Sections 4221(a) and 4483(i) 
of the Internal Revenue Code of 1986 are each amended by striking 
``April 1, 2012'' and inserting ``October 1, 2015''.
    (e) Extension of Transfers of Certain Taxes.--
            (1) In general.--Section 9503 of the Internal Revenue Code 
        of 1986 is amended--
                    (A) in subsection (b)--
                            (i) by striking ``April 1, 2012'' each 
                        place it appears in paragraphs (1) and (2) and 
                        inserting ``October 1, 2015'';
                            (ii) by striking ``April 1, 2012'' in the 
                        heading of paragraph (2) and inserting 
                        ``October 1, 2015'';
                            (iii) by striking ``March 31, 2012'' in 
                        paragraph (2) and inserting ``September 30, 
                        2015''; and
                            (iv) by striking ``January 1, 2013'' in 
                        paragraph (2) and inserting ``July 1, 2016''; 
                        and
                    (B) in subsection (c)(2), by striking ``January 1, 
                2013'' and inserting ``July 1, 2016''.
            (2) Motorboat and small-engine fuel tax transfers.--
                    (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of 
                section 9503(c) of such Code are each amended by 
                striking ``April 1, 2012'' and inserting ``October 1, 
                2015''.
                    (B) Conforming amendments to land and water 
                conservation fund.--Section 201(b) of the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
                11(b)) is amended--
                            (i) by striking ``April 1, 2013'' each 
                        place it appears and inserting ``October 1, 
                        2016''; and
                            (ii) by striking ``April 1, 2012'' and 
                        inserting ``October 1, 2015''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on April 1, 2012.

                       TITLE II--OTHER PROVISIONS

SEC. 40201. TEMPORARY INCREASE IN SMALL ISSUER EXCEPTION TO TAX-EXEMPT 
              INTEREST EXPENSE ALLOCATION RULES FOR FINANCIAL 
              INSTITUTIONS.

    (a) In General.--Subparagraph (G) of section 265(b)(3) of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``2009 or 2010'' each place it appears in 
        clauses (i), (ii), and (iii) and inserting ``2009, 2010, or the 
        period beginning after June 30, 2012, and before July 1, 
        2013'', and
            (2) by striking ``2009 and 2010'' in the heading and 
        inserting ``2009, 2010, 2012, and 2013''.
    (b) Effective Date.--The amendments made by this section shall 
apply to obligations issued after June 30, 2012.

SEC. 40202. TEMPORARY MODIFICATION OF ALTERNATIVE MINIMUM TAX 
              LIMITATIONS ON TAX-EXEMPT BONDS.

    (a) Interest on Private Activity Bonds Not Treated as Tax 
Preference Items.--Clause (vi) of section 57(a)(5)(C) of the Internal 
Revenue Code of 1986 is amended--
            (1) in subclause (I) by inserting ``, or after the date of 
        enactment of the Highway Investment, Job Creation, and Economic 
        Growth Act of 2012 and before January 1, 2013'' after ``January 
        1, 2011'';
            (2) in subclause (III) by inserting ``before January 1, 
        2011'' after ``which is issued''; and
            (3) by striking ``and 2010'' in the heading and inserting 
        ``, 2010, and portions of 2012''.
    (b) No Adjustment to Adjusted Current Earnings.--Clause (iv) of 
section 56(g)(4)(B) of the Internal Revenue Code of 1986 is amended--
            (1) in subclause (I) by inserting ``, or after the date of 
        enactment of the Highway Investment, Job Creation, and Economic 
        Growth Act of 2012 and before January 1, 2013'' after ``January 
        1, 2011'';
            (2) in subclause (III) by inserting ``before January 1, 
        2011'' after ``which is issued''; and
            (3) by striking ``and 2010'' in the heading and inserting 
        ``, 2010, and portions of  2012''.
    (c) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of enactment of this Act.

SEC. 40203. ISSUANCE OF TRIP BONDS BY STATE INFRASTRUCTURE BANKS.

    Section 610(d) of title 23, United States Code, is amended--
            (1) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively,
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) TRIP bond account.--
                    ``(A) In general.--A State, through a State 
                infrastructure bank, may issue TRIP bonds and deposit 
                proceeds from such issuance into the TRIP bond account 
                of the bank.
                    ``(B) TRIP bond.--For purposes of this section, the 
                term `TRIP bond' means any bond issued as part of an 
                issue if--
                            ``(i) 100 percent of the available project 
                        proceeds of such issue are to be used for 
                        expenditures incurred after the date of the 
                        enactment of this paragraph for 1 or more 
                        qualified projects pursuant to an allocation of 
                        such proceeds to such project or projects by a 
                        State infrastructure bank,
                            ``(ii) the bond is issued by a State 
                        infrastructure bank and is in registered form 
                        (within the meaning of section 149(a) of the 
                        Internal Revenue Code of 1986),
                            ``(iii) the State infrastructure bank 
                        designates such bond for purposes of this 
                        section, and
                            ``(iv) the term of each bond which is part 
                        of such issue does not exceed 30 years.
                    ``(C) Qualified project.--For purposes of this 
                subparagraph, the term `qualified project' means the 
                capital improvements to any transportation 
                infrastructure project of any governmental unit or 
                other person, including roads, bridges, rail and 
                transit systems, ports, and inland waterways proposed 
                and approved by a State infrastructure bank, but does 
                not include costs of operations or maintenance with 
                respect to such project.'',
            (3) by adding at the end of paragraph (5), as redesignated 
        by paragraph (1), the following new subparagraph:
                    ``(D) TRIP bond account.--Funds deposited into the 
                TRIP bond account shall constitute for purposes of this 
                section a capitalization grant for the TRIP bond 
                account of the bank.'', and
            (4) by adding at the end the following new paragraph:
            ``(8) Special rules for trip bond account funds.--
                    ``(A) In general.--The State shall develop a 
                transparent competitive process for the award of funds 
                deposited into the TRIP bond account that considers the 
                impact of qualified projects on the economy, the 
                environment, state of good repair, and equity.
                    ``(B) Applicability of federal law.--The 
                requirements of any Federal law, including this title 
                and titles 40 and 49, which would otherwise apply to 
                projects to which the United States is a party or to 
                funds made available under such law and projects 
                assisted with those funds shall apply to--
                            ``(i) funds made available under the TRIP 
                        bond account for similar qualified projects, 
                        and
                            ``(ii) similar qualified projects assisted 
                        through the use of such funds.''.

SEC. 40204. EXTENSION OF PARITY FOR EXCLUSION FROM INCOME FOR EMPLOYER-
              PROVIDED MASS TRANSIT AND PARKING BENEFITS.

    (a) In General.--Paragraph (2) of section 132(f) of the Internal 
Revenue Code of 1986 is amended by striking ``January 1, 2012'' and 
inserting ``January 1, 2013''.
    (b) Effective Date.--The amendment made by this section shall apply 
to months after December 31, 2011.

SEC. 40205. EXEMPT-FACILITY BONDS FOR SEWAGE AND WATER SUPPLY 
              FACILITIES.

    (a) Bonds for Water and Sewage Facilities Temporarily Exempt From 
Volume Cap on Private Activity Bonds.--Subsection (g) of section 146 of 
the Internal Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of paragraph (3),
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``, and'', and
            (3) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) any exempt facility bonds issued before January 1, 
        2018, as part of an issue described in paragraph (4) or (5) of 
        section 142(a).''.
    (b) Conforming Change.--Paragraphs (2) and (3)(B) of section 146(k) 
of the Internal Revenue Code of 1986 are both amended by striking 
``paragraph (4), (5), (6), or (10) of section 142(a)'' and inserting 
``paragraph (4) or (5) of section 142(a) with respect to bonds issued 
after December 31, 2017, or paragraph (6) or (10) of section 142(a)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this 
Act.

                     TITLE III--REVENUE PROVISIONS

SEC. 40301. TRANSFER FROM LEAKING UNDERGROUND STORAGE TANK TRUST FUND 
              TO HIGHWAY TRUST FUND.

    (a) In General.--Subsection (c) of section 9508 of the Internal 
Revenue Code of 1986 is amended--
            (1) by striking ``Amounts'' and inserting:
            ``(1) In general.--Except as provided in paragraph (2), 
        amounts'', and
            (2) by adding at the end the following new paragraph:
            ``(2) Transfer to highway trust fund.--Out of amounts in 
        the Leaking Underground Storage Tank Trust Fund there is hereby 
        appropriated $3,000,000,000 to be transferred under section 
        9503(f)(3) to the Highway Trust Fund.''.
    (b) Transfer to Highway Trust Fund.--
            (1) In general.--Subsection (f) of section 9503 of the 
        Internal Revenue Code of 1986 is amended by inserting after 
        paragraph (2) the following new paragraph:
            ``(3) Increase in fund balance.--There is hereby 
        transferred to the Highway Trust Fund amounts appropriated from 
        the Leaking Underground Storage Tank Trust Fund under section 
        9508(c)(2).''.
            (2) Conforming amendments.--Paragraph (4) of section 
        9503(f) of such Code is amended--
                    (A) by inserting ``or transferred'' after 
                ``appropriated'', and
                    (B) by striking ``appropriated'' in the heading 
                thereof.

SEC. 40302. PORTION OF LEAKING UNDERGROUND STORAGE TANK TRUST FUND 
              FINANCING RATE TRANSFERRED TO HIGHWAY TRUST FUND.

    (a) In General.--Subsection (b) of section 9503 of the Internal 
Revenue Code of 1986 is amended by inserting after paragraph (2) the 
following new paragraph:
            ``(3) Portion of leaking underground storage tank trust 
        fund financing rate.--There are hereby appropriated to the 
        Highway Trust Fund amounts equivalent to one-third of the taxes 
        received in the Treasury under--
                    ``(A) section 4041(d) (relating to additional taxes 
                on motor fuels),
                    ``(B) section 4081 (relating to tax on gasoline, 
                diesel fuel, and kerosene) to the extent attributable 
                to the Leaking Underground Storage Tank Trust Fund 
                financing rate under such section, and
                    ``(C) section 4042 (relating to tax on fuel used in 
                commercial transportation on inland waterways) to the 
                extent attributable to the Leaking Underground Storage 
                Tank Trust Fund financing rate under such section.
        For purposes of this paragraph, there shall not be taken into 
        account the taxes imposed by sections 4041 and 4081 on diesel 
        fuel sold for use or used as fuel in a diesel-powered boat.''.
    (b) Conforming Amendments.--
            (1) Paragraphs (1), (2), and (3) of section 9508(b) of the 
        Internal Revenue Code of 1986 are each amended by inserting 
        ``two-thirds of the'' before ``taxes''.
            (2) Paragraph (4) of section 9503(b) of such Code is 
        amended by striking subparagraphs (A) and (B) and by 
        redesignating subparagraphs (C) and (D) as subparagraphs (A) 
        and (B), respectively.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxes received after the date of the enactment of this Act.

SEC. 40303. TRANSFER OF GAS GUZZLER TAXES TO HIGHWAY TRUST FUND.

    (a) In General.--Paragraph (1) of section 9503(b) of the Internal 
Revenue Code of 1986 is amended by redesignating subparagraphs (C), 
(D), and (E) as subparagraphs (D), (E), and (F), respectively, and by 
inserting after subparagraph (B) the following new subparagraph:
                    ``(B) section 4064 (relating to gas guzzler 
                tax),''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxes received after the date of the enactment of this Act.

SEC. 40304. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN UNPAID 
              TAXES.

    (a) In General.--Subchapter D of chapter 75 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new section:

``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF CERTAIN TAX 
              DELINQUENCIES.

    ``(a) In General.--If the Secretary receives certification by the 
Commissioner of Internal Revenue that any individual has a seriously 
delinquent tax debt in an amount in excess of $50,000, the Secretary 
shall transmit such certification to the Secretary of State for action 
with respect to denial, revocation, or limitation of a passport 
pursuant to section 4 of the Act entitled `An Act to regulate the issue 
and validity of passports, and for other purposes', approved July 3, 
1926 (22 U.S.C. 211a et seq.), commonly known as the `Passport Act of 
1926'.
    ``(b) Seriously Delinquent Tax Debt.--For purposes of this section, 
the term `seriously delinquent tax debt' means an outstanding debt 
under this title for which a notice of lien has been filed in public 
records pursuant to section 6323 or a notice of levy has been filed 
pursuant to section 6331, except that such term does not include--
            ``(1) a debt that is being paid in a timely manner pursuant 
        to an agreement under section 6159 or 7122, and
            ``(2) a debt with respect to which collection is suspended 
        because a collection due process hearing under section 6330, or 
        relief under subsection (b), (c), or (f) of section 6015, is 
        requested or pending.
    ``(c) Adjustment for Inflation.--In the case of a calendar year 
beginning after 2012, the dollar amount in subsection (a) shall be 
increased by an amount equal to--
            ``(1) such dollar amount, multiplied by
            ``(2) the cost-of-living adjustment determined under 
        section 1(f)(3) for the calendar year, determined by 
        substituting `calendar year 2011' for `calendar year 1992' in 
        subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a 
multiple of $1,000, such amount shall be rounded to the next highest 
multiple of $1,000.''.
    (b) Clerical Amendment.--The table of sections for subchapter D of 
chapter 75 of the Internal Revenue Code of 1986 is amended by adding at 
the end the following new item:

``Sec. 7345. Revocation or denial of passport in case of certain tax 
                            delinquencies.''.
    (c) Authority for Information Sharing.--
            (1) In general.--Subsection (l) of section 6103 of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following new paragraph:
            ``(23) Disclosure of return information to department of 
        state for purposes of passport revocation under section 7345.--
                    ``(A) In general.--The Secretary shall, upon 
                receiving a certification described in section 7345, 
                disclose to the Secretary of State return information 
                with respect to a taxpayer who has a seriously 
                delinquent tax debt described in such section. Such 
                return information shall be limited to--
                            ``(i) the taxpayer identity information 
                        with respect to such taxpayer, and
                            ``(ii) the amount of such seriously 
                        delinquent tax debt.
                    ``(B) Restriction on disclosure.--Return 
                information disclosed under subparagraph (A) may be 
                used by officers and employees of the Department of 
                State for the purposes of, and to the extent necessary 
                in, carrying out the requirements of section 4 of the 
                Act entitled `An Act to regulate the issue and validity 
                of passports, and for other purposes', approved July 3, 
                1926 (22 U.S.C. 211a et seq.), commonly known as the 
                `Passport Act of 1926'.''.
            (2) Conforming amendment.--Paragraph (4) of section 6103(p) 
        of such Code is amended by striking ``or (22)'' each place it 
        appears in subparagraph (F)(ii) and in the matter preceding 
        subparagraph (A) and inserting ``(22), or (23)''.
    (d) Revocation Authorization.--The Act entitled ``An Act to 
regulate the issue and validity of passports, and for other purposes'', 
approved July 3, 1926 (22 U.S.C. 211a et seq.), commonly known as the 
``Passport Act of 1926'', is amended by adding at the end the 
following:

``SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT.

    ``(a) Ineligibility.--
            ``(1) Issuance.--Except as provided under subsection (b), 
        upon receiving a certification described in section 7345 of the 
        Internal Revenue Code of 1986 from the Secretary of the 
        Treasury, the Secretary of State may not issue a passport or 
        passport card to any individual who has a seriously delinquent 
        tax debt described in such section.
            ``(2) Revocation.--The Secretary of State shall revoke a 
        passport or passport card previously issued to any individual 
        described in subparagraph (A).
    ``(b) Exceptions.--
            ``(1) Emergency and humanitarian situations.--
        Notwithstanding subsection (a), the Secretary of State may 
        issue a passport or passport card, in emergency circumstances 
        or for humanitarian reasons, to an individual described in 
        subsection (a)(1).
            ``(2) Limitation for return to united states.--
        Notwithstanding subsection (a)(2), the Secretary of State, 
        before revocation, may--
                    ``(A) limit a previously issued passport or 
                passport card only for return travel to the United 
                States; or
                    ``(B) issue a limited passport or passport card 
                that only permits return travel to the United 
                States.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2013.

SEC. 40305. 100 PERCENT CONTINUOUS LEVY ON PAYMENTS TO MEDICARE 
              PROVIDERS AND SUPPLIERS.

    (a) In General.--Paragraph (3) of section 6331(h) of the Internal 
Revenue Code of 1986 is amended by striking the period at the end and 
inserting ``, or to a Medicare provider or supplier under title XVIII 
of the Social Security Act.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to payments made after the date of the enactment of this Act.

SEC. 40306. TRANSFER OF AMOUNTS ATTRIBUTABLE TO CERTAIN DUTIES ON 
              IMPORTED VEHICLES INTO THE HIGHWAY TRUST FUND.

    Section 9503(b) of the Internal Revenue Code of 1986, as amended by 
this Act, is amended by adding at the end the following new paragraph:
            ``(8) Certain duties on imported vehicles.--There are 
        hereby appropriated to the Highway Trust Fund amounts 
        equivalent to the amounts received in the Treasury that are 
        attributable to duties collected on or after October 1, 2011, 
        and before October 1, 2016, on articles classified under 
        subheading 8703.22.00 or 8703.24.00 of the Harmonized Tariff 
        Schedule of the United States.''.

SEC. 40307. TREATMENT OF SECURITIES OF A CONTROLLED CORPORATION 
              EXCHANGED FOR ASSETS IN CERTAIN REORGANIZATIONS.

    (a) In General.--Section 361 of the Internal Revenue Code of 1986 
is amended by adding at the end the following new subsection:
    ``(d) Special Rules for Transactions Involving Section 355 
Distributions.--In the case of a reorganization described in section 
368(a)(1)(D) with respect to which stock or securities of the 
corporation to which the assets are transferred are distributed in a 
transaction which qualifies under section 355--
            ``(1) this section shall be applied by substituting `stock 
        other than nonqualified preferred stock (as defined in section 
        351(g)(2))' for `stock or securities' in subsections (a) and 
        (b)(1), and
            ``(2) the first sentence of subsection (b)(3) shall apply 
        only to the extent that the sum of the money and the fair 
        market value of the other property transferred to such 
        creditors does not exceed the adjusted bases of such assets 
        transferred (reduced by the amount of the liabilities assumed 
        (within the meaning of section 357(c))).''.
    (b) Conforming Amendment.--Paragraph (3) of section 361(b) is 
amended by striking the last sentence.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to exchanges after 
        the date of the enactment of this Act.
            (2) Transition rule.--The amendments made by this section 
        shall not apply to any exchange pursuant to a transaction which 
        is--
                    (A) made pursuant to a written agreement which was 
                binding on February 6, 2012, and at all times 
                thereafter;
                    (B) described in a ruling request submitted to the 
                Internal Revenue Service on or before February 6, 2012; 
                or
                    (C) described on or before February 6, 2012, in a 
                public announcement or in a filing with the Securities 
                and Exchange Commission.

SEC. 40308. INTERNAL REVENUE SERVICE LEVIES AND THRIFT SAVINGS PLAN 
              ACCOUNTS.

    Section 8437(e)(3) of title 5, United States Code, is amended by 
inserting ``, the enforcement of a Federal tax levy as provided in 
section 6331 of the Internal Revenue Code of 1986,'' after ``(42 U.S.C. 
659)''.

SEC. 40309. DEPRECIATION AND AMORTIZATION RULES FOR HIGHWAY AND RELATED 
              PROPERTY SUBJECT TO LONG-TERM LEASES.

    (a) Accelerated Cost Recovery.--
            (1) In general.--Section 168(g)(1) of the Internal Revenue 
        Code of 1986 is amended by striking ``and'' at the end of 
        subparagraph (D), by redesignating subparagraph (E) as 
        subparagraph (F), and by inserting after subparagraph (D) the 
        following new subparagraph:
                    ``(E) any applicable leased highway property,''.
            (2) Recovery period.--The table contained in subparagraph 
        (C) of section 168(g)(2) of such Code is amended by 
        redesignating clause (iv) as clause (v) and by inserting after 
        clause (iii) the following new clause:

``(iv) Applicable leased highway property.  45 years.''.
 

            (3) Applicable leased highway property defined.--
                    (A) In general.--Section 168(g) of such Code is 
                amended by redesignating paragraph (7) as paragraph (8) 
                and by inserting after paragraph (6) the following new 
                paragraph:
            ``(7) Applicable leased highway property.--For purposes of 
        paragraph (1)(E)--
                    ``(A) In general.--The term `applicable leased 
                highway property' means property to which this section 
                otherwise applies which--
                            ``(i) is subject to an applicable lease, 
                        and
                            ``(ii) is placed in service before the date 
                        of such lease.
                    ``(B) Applicable lease.--The term `applicable 
                lease' means a lease or other arrangement--
                            ``(i) which is between the taxpayer and a 
                        State or political subdivision thereof, or any 
                        agency or instrumentality of either, and
                            ``(ii) under which the taxpayer--
                                    ``(I) leases a highway and 
                                associated improvements,
                                    ``(II) receives a right-of-way on 
                                the public lands underlying such 
                                highway and improvements, and
                                    ``(III) receives a grant of a 
                                franchise or other intangible right 
                                permitting the taxpayer to receive 
                                funds relating to the operation of such 
                                highway.''.
                    (B) Conforming amendment.--Subparagraph (F) of 
                section 168(g)(1) (as redesignated by subsection 
                (a)(1)) is amended by striking ``paragraph (7)'' and 
                inserting ``paragraph (8)''.
    (b) Amortization of Intangibles.--Section 197(f) of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(11) Intangibles relating to applicable leased highway 
        property.--In the case of any amortizable section 197 
        intangible property which is acquired in connection with an 
        applicable lease (as defined in section 168(g)(7)(B)), the 
        amortization period under this section shall not be less than 
        the term of the applicable lease. For purposes of the preceding 
        sentence, rules similar to the rules of section 168(i)(3)(A) 
        shall apply in determining the term of the applicable lease.''.
    (c) No Private Activity Bond Financing of Applicable Leased Highway 
Property.--Section 147(e) of the Internal Revenue Code of 1986 is 
amended by inserting ``, or to finance any applicable leased highway 
property (as defined in section 168(g)(7)(A))'' after ``premises''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to leases entered 
        into after the date of the enactment of this Act.
            (2) No private activity bond financing.--The amendment made 
        by subsection (c) shall apply to bonds issued after the date of 
        the enactment of this Act.

SEC. 40310. EXTENSION FOR TRANSFERS OF EXCESS PENSION ASSETS TO RETIREE 
              HEALTH ACCOUNTS.

    (a) In General.--Paragraph (5) of section 420(b) of the Internal 
Revenue Code of 1986 is amended by striking ``December 31, 2013'' and 
inserting ``December 31, 2021''.
    (b) Conforming ERISA Amendments.--
            (1) Sections 101(e)(3), 403(c)(1), and 408(b)(13) of the 
        Employee Retirement Income Security Act of 1974 are each 
        amended by striking ``Pension Protection Act of 2006'' and 
        inserting ``Highway Investment, Job Creation, and Economic 
        Growth Act of 2012''.
            (2) Section 408(b)(13) of such Act (29 U.S.C. 1108(b)(13)) 
        is amended by striking ``January 1, 2014'' and inserting 
        ``January 1, 2022''.
    (c) Effective Date.--The amendments made by this Act shall take 
effect on the date of the enactment of this Act.

SEC. 40311. TRANSFER OF EXCESS PENSION ASSETS TO RETIREE GROUP TERM 
              LIFE INSURANCE ACCOUNTS.

    (a) In General.--Subsection (a) of section 420 of the Internal 
Revenue Code of 1986 is amended by inserting ``, or an applicable life 
insurance account,'' after ``health benefits account''.
    (b) Applicable Life Insurance Account Defined.--
            (1) In general.--Subsection (e) of section 420 of the 
        Internal Revenue Code of 1986 is amended by redesignating 
        paragraphs (4) and (5) as paragraphs (5) and (6), respectively, 
        and by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Applicable life insurance account.--The term 
        `applicable life insurance account' means a separate account 
        established and maintained for amounts transferred under this 
        section for qualified current retiree liabilities based on 
        premiums for applicable life insurance benefits.''.
            (2) Applicable life insurance benefits defined.--Paragraph 
        (1) of section 420(e) of such Code is amended by redesignating 
        subparagraph (D) as subparagraph (E) and by inserting after 
        subparagraph (C) the following new subparagraph:
                    ``(D) Applicable life insurance benefits.--The term 
                `applicable life insurance benefits' means group-term 
                life insurance coverage provided to retired employees 
                who, immediately before the qualified transfer, are 
                entitled to receive such coverage by reason of 
                retirement and who are entitled to pension benefits 
                under the plan, but only to the extent that such 
                coverage is provided under a policy for retired 
                employees and the cost of such coverage is excludable 
                from the retired employee's gross income under section 
                79.''.
            (3) Collectively bargained life insurance benefits 
        defined.--
                    (A) In general.--Paragraph (6) of section 420(f) of 
                such Code is amended by redesignating subparagraph (D) 
                as subparagraph (E) and by inserting after subparagraph 
                (C) the following new subparagraph:
                    ``(D) Collectively bargained life insurance 
                benefits.--The term `collectively bargained life 
                insurance benefits' means, with respect to any 
                collectively bargained transfer--
                            ``(i) applicable life insurance benefits 
                        which are provided to retired employees who, 
                        immediately before the transfer, are entitled 
                        to receive such benefits by reason of 
                        retirement, and
                            ``(ii) if specified by the provisions of 
                        the collective bargaining agreement governing 
                        the transfer, applicable life insurance 
                        benefits which will be provided at retirement 
                        to employees who are not retired employees at 
                        the time of the transfer.''.
                    (B) Conforming amendments.--
                            (i) Clause (i) of section 420(e)(1)(C) of 
                        such Code is amended by striking ``upon 
                        retirement'' and inserting ``by reason of 
                        retirement''.
                            (ii) Subparagraph (C) of section 420(f)(6) 
                        of such Code is amended--
                                    (I) by striking ``which are 
                                provided to'' in the matter preceding 
                                clause (i),
                                    (II) by inserting ``which are 
                                provided to'' before ``retired 
                                employees'' in clause (i),
                                    (III) by striking ``upon 
                                retirement'' in clause (i) and 
                                inserting ``by reason of retirement'', 
                                and
                                    (IV) by striking ``active employees 
                                who, following their retirement,'' and 
                                inserting ``which will be provided at 
                                retirement to employees who are not 
                                retired employees at the time of the 
                                transfer and who''.
    (c) Maintenance of Effort.--
            (1) In general.--Subparagraph (A) of section 420(c)(3) of 
        the Internal Revenue Code of 1986 is amended by inserting ``, 
        and each group-term life insurance plan under which applicable 
        life insurance benefits are provided,'' after ``health benefits 
        are provided''.
            (2) Conforming amendments.--
                    (A) Subparagraph (B) of section 420(c)(3) of such 
                Code is amended--
                            (i) by redesignating subclauses (I) and 
                        (II) of clause (i) as subclauses (II) and (III) 
                        of such clause, respectively, and by inserting 
                        before subclause (II) of such clause, as so 
                        redesignated, the following new subclause:
                                    ``(I) separately with respect to 
                                applicable health benefits and 
                                applicable life insurance benefits,'', 
                                and
                            (ii) by striking ``for applicable health 
                        benefits'' and all that follows in clause (ii) 
                        and inserting ``was provided during such 
                        taxable year for the benefits with respect to 
                        which the determination under clause (i) is 
                        made.''.
                    (B) Subparagraph (C) of section 420(c)(3) of such 
                Code is amended--
                            (i) by inserting ``for applicable health 
                        benefits'' after ``applied separately'', and
                            (ii) by inserting ``, and separately for 
                        applicable life insurance benefits with respect 
                        to individuals age 65 or older at any time 
                        during the taxable year and with respect to 
                        individuals under age 65 during the taxable 
                        year'' before the period.
                    (C) Subparagraph (E) of section 420(c)(3) of such 
                Code is amended--
                            (i) in clause (i), by inserting ``or 
                        retiree life insurance coverage, as the case 
                        may be,'' after ``retiree health coverage'', 
                        and
                            (ii) in clause (ii), by inserting ``for 
                        retiree health coverage'' after ``cost 
                        reductions'' in the heading thereof, and
                            (iii) in clause (ii)(II), by inserting 
                        ``with respect to applicable health benefits'' 
                        after ``liabilities of the employer''.
                    (D) Paragraph (2) of section 420(f) of such Code is 
                amended by striking ``collectively bargained retiree 
                health liabilities'' each place it occurs and inserting 
                ``collectively bargained retiree liabilities''.
                    (E) Clause (i) of section 420(f)(2)(D) of such Code 
                is amended--
                            (i) by inserting ``, and each group-term 
                        life insurance plan or arrangement under which 
                        applicable life insurance benefits are 
                        provided,'' in subclause (I) after ``applicable 
                        health benefits are provided'',
                            (ii) by inserting ``or applicable life 
                        insurance benefits, as the case may be,'' in 
                        subclause (I) after ``provides applicable 
                        health benefits'',
                            (iii) by striking ``group health'' in 
                        subclause (II), and
                            (iv) by inserting ``or collectively 
                        bargained life insurance benefits'' in 
                        subclause (II) after ``collectively bargained 
                        health benefits''.
                    (F) Clause (ii) of section 420(f)(2)(D) of such 
                Code is amended--
                            (i) by inserting ``with respect to 
                        applicable health benefits or applicable life 
                        insurance benefits'' after ``requirements of 
                        subsection (c)(3)'', and
                            (ii) by adding at the end the following: 
                        ``Such election may be made separately with 
                        respect to applicable health benefits and 
                        applicable life insurance benefits. In the case 
                        of an election with respect to applicable life 
                        insurance benefits, the first sentence of this 
                        clause shall be applied as if subsection (c)(3) 
                        as in effect before the amendments made by such 
                        Act applied to such benefits.''
                    (G) Clause (iii) of section 420(f)(2)(D) of such 
                Code is amended--
                            (i) by striking ``retiree'' each place it 
                        occurs, and
                            (ii) by inserting ``, collectively 
                        bargained life insurance benefits, or both, as 
                        the case may be,'' after ``health benefits'' 
                        each place it occurs.
    (d) Coordination With Section 79.--Section 79 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
subsection:
    ``(f) Exception for Life Insurance Purchased in Connection With 
Qualified Transfer of Excess Pension Assets.--Subsection (b)(3) and 
section 72(m)(3) shall not apply in the case of any cost paid (whether 
directly or indirectly) with assets held in an applicable life 
insurance account (as defined in section 420(e)(4)) under a defined 
benefit plan.''.
    (e) Conforming Amendments.--
            (1) Section 420 of the Internal Revenue Code of 1986 is 
        amended by striking ``qualified current retiree health 
        liabilities'' each place it appears and inserting ``qualified 
        current retiree liabilities''.
            (2) Section 420 of such Code is amended by inserting ``, or 
        an applicable life insurance account,'' after ``a health 
        benefits account'' each place it appears in subsection 
        (b)(1)(A), subparagraphs (A), (B)(i), and (C) of subsection 
        (c)(1), subsection (d)(1)(A), and subsection (f)(2)(E)(ii).
            (3) Section 420(b) of such Code is amended--
                    (A) by adding the following at the end of paragraph 
                (2)(A): ``If there is a transfer from a defined benefit 
                plan to both a health benefits account and an 
                applicable life insurance account during any taxable 
                year, such transfers shall be treated as 1 transfer for 
                purposes of this paragraph.'', and
                    (B) by inserting ``to an account'' after ``may be 
                transferred'' in paragraph (3).
            (4) The heading for section 420(c)(1)(B) of such Code is 
        amended by inserting ``or life insurance'' after ``health 
        benefits''.
            (5) Paragraph (1) of section 420(e) of such Code is 
        amended--
                    (A) by inserting ``and applicable life insurance 
                benefits'' in subparagraph (A) after ``applicable 
                health benefits'', and
                    (B) by striking ``health'' in the heading thereof.
            (6) Subparagraph (B) of section 420(e)(1) of such Code is 
        amended--
                    (A) in the matter preceding clause (i), by 
                inserting ``(determined separately for applicable 
                health benefits and applicable life insurance 
                benefits)'' after ``shall be reduced by the amount'',
                    (B) in clause (i), by inserting ``or applicable 
                life insurance accounts'' after ``health benefit 
                accounts'', and
                    (C) in clause (i), by striking ``qualified current 
                retiree health liability'' and inserting ``qualified 
                current retiree liability''.
            (7) The heading for subsection (f) of section 420 of such 
        Code is amended by striking ``Health'' each place it occurs.
            (8) Subclause (II) of section 420(f)(2)(B)(ii) of such Code 
        is amended by inserting ``or applicable life insurance account, 
        as the case may be,'' after ``health benefits account''.
            (9) Subclause (III) of section 420(f)(2)(E)(i) of such Code 
        is amended--
                    (A) by inserting ``defined benefit'' before ``plan 
                maintained by an employer'', and
                    (B) by inserting ``health'' before ``benefit plans 
                maintained by the employer''.
            (10) Paragraphs (4) and (6) of section 420(f) of such Code 
        are each amended by striking ``collectively bargained retiree 
        health liabilities'' each place it occurs and inserting 
        ``collectively bargained retiree liabilities''.
            (11) Subparagraph (A) of section 420(f)(6) of such Code is 
        amended--
                    (A) in clauses (i) and (ii), by inserting ``, in 
                the case of a transfer to a health benefits account,'' 
                before ``his covered spouse and dependents'', and
                    (B) in clause (ii), by striking ``health plan'' and 
                inserting ``plan''.
            (12) Subparagraph (B) of section 420(f)(6) of such Code is 
        amended--
                    (A) in clause (i), by inserting ``, and 
                collectively bargained life insurance benefits,'' after 
                ``collectively bargained health benefits'',
                    (B) in clause (ii)--
                            (i) by adding at the end the following: 
                        ``The preceding sentence shall be applied 
                        separately for collectively bargained health 
                        benefits and collectively bargained life 
                        insurance benefits.'', and
                            (ii) by inserting ``, applicable life 
                        insurance accounts,'' after ``health benefit 
                        accounts'', and
                    (C) by striking ``health'' in the heading thereof.
            (13) Subparagraph (E) of section 420(f)(6) of such Code, as 
        redesignated by subsection (b), is amended--
                    (A) by striking ``bargained health'' and inserting 
                ``bargained'',
                    (B) by inserting ``, or a group-term life insurance 
                plan or arrangement for retired employees,'' after 
                ``dependents'', and
                    (C) by striking ``health'' in the heading thereof.
            (14) Section 101(e) of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1021(e)) is amended--
                    (A) in paragraphs (1) and (2), by inserting ``or 
                applicable life insurance account'' after ``health 
                benefits account'' each place it appears, and
                    (B) in paragraph (1), by inserting ``or applicable 
                life insurance benefit liabilities'' after ``health 
                benefits liabilities''.
    (f) Technical Correction.--Clause (iii) of section 420(f)(6)(B) is 
amended by striking ``416(I)(1)'' and inserting ``416(i)(1)''.
    (g) Repeal of Deadwood.--
            (1) Subparagraph (A) of section 420(b)(1) of the Internal 
        Revenue Code of 1986 is amended by striking ``in a taxable year 
        beginning after December 31, 1990''.
            (2) Subsection (b) of section 420 of such Code is amended 
        by striking paragraph (4) and by redesignating paragraph (5), 
        as amended by this Act, as paragraph (4).
            (3) Paragraph (2) of section 420(b) of such Code, as 
        amended by this section, is amended--
                    (A) by striking subparagraph (B), and
                    (B) by striking ``per year.--'' and all that 
                follows through ``No more than'' and inserting ``per 
                year.--No more than''.
            (4) Paragraph (2) of section 420(c) of such Code is 
        amended--
                    (A) by striking subparagraph (B),
                    (B) by moving subparagraph (A) two ems to the left, 
                and
                    (C) by striking ``before transfer.--'' and all that 
                follows through ``The requirements of this paragraph'' 
                and inserting the following: ``before transfer.--The 
                requirements of this paragraph''.
            (5) Paragraph (2) of section 420(d) of such Code is amended 
        by striking ``after December 31, 1990''.
    (h) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to transfers made after the date of the enactment of this 
        Act.
            (2) Conforming amendments relating to pension protection 
        act.--The amendments made by subsections (b)(3)(B) and (f) 
        shall take effect as if included in the amendments made by 
        section 841(a) of the Pension Protection Act of 2006.

SEC. 40312. PENSION FUNDING STABILIZATION.

    (a) Amendments to Internal Revenue Code of 1986.--
            (1) In general.--Subparagraph (C) of section 430(h)(2) of 
        the Internal Revenue Code of 1986 is amended by adding at the 
        end the following new clause:
                            ``(iv) Segment rate stabilization.--
                                    ``(I) In general.--If a segment 
                                rate described in clause (i), (ii), or 
                                (iii) with respect to any applicable 
                                month (determined without regard to 
                                this clause) is less than the 
                                applicable minimum percentage, or more 
                                than the applicable maximum percentage, 
                                of the average of the segment rates 
                                described in such clause for years in 
                                the 25-year period ending with 
                                September 30 of the calendar year 
                                preceding the calendar year in which 
                                the plan year begins, then the segment 
                                rate described in such clause with 
                                respect to the applicable month shall 
                                be equal to the applicable minimum 
                                percentage or the applicable maximum 
                                percentage of such average, whichever 
                                is closest. The Secretary shall 
                                determine such average on an annual 
                                basis and may prescribe equivalent 
                                rates for years in any such 25-year 
                                period for which the rates described in 
                                any such clause are not available.
                                    ``(II) Applicable minimum 
                                percentage; applicable maximum 
                                percentage.--For purposes of subclause 
                                (I), the applicable minimum percentage 
                                and the applicable maximum percentage 
                                for a plan year beginning in a calendar 
                                year shall be determined in accordance 
                                with the following table:

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

            (2) Conforming amendments.--
                    (A) Paragraph (6) of section 404(o) of such Code is 
                amended by inserting ``(determined by not taking into 
                account any adjustment under clause (iv) of subsection 
                (h)(2)(C) thereof)'' before the period.
                    (B) Subparagraph (F) of section 430(h)(2) of such 
                Code is amended by inserting ``and the averages 
                determined under subparagraph (C)(iv)'' after 
                ``subparagraph (C)''.
                    (C) Subparagraphs (C) and (D) of section 417(e)(3) 
                of such Code are each amended by striking ``section 
                430(h)(2)(C)'' and inserting ``section 430(h)(2)(C) 
                (determined by not taking into account any adjustment 
                under clause (iv) thereof)''.
    (b) Amendments to Employee Retirement Income Security Act of 
1974.--
            (1) In general.--Subparagraph (C) of section 303(h)(2) of 
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 
        1083(h)(2)) is amended by adding at the end the following new 
        clause:
                            ``(iv) Segment rate stabilization.--
                                    ``(I) In general.--If a segment 
                                rate described in clause (i), (ii), or 
                                (iii) with respect to any applicable 
                                month (determined without regard to 
                                this clause) is less than the 
                                applicable minimum percentage, or more 
                                than the applicable maximum percentage, 
                                of the average of the segment rates 
                                described in such clause for years in 
                                the 25-year period ending with 
                                September 30 of the calendar year 
                                preceding the calendar year in which 
                                the plan year begins, then the segment 
                                rate described in such clause with 
                                respect to the applicable month shall 
                                be equal to the applicable minimum 
                                percentage or the applicable maximum 
                                percentage of such average, whichever 
                                is closest. The Secretary of the 
                                Treasury shall determine such average 
                                on an annual basis and may prescribe 
                                equivalent rates for years in any such 
                                25-year period for which the rates 
                                described in any such clause are not 
                                available.
                                    ``(II) Applicable minimum 
                                percentage; applicable maximum 
                                percentage.--For purposes of subclause 
                                (I), the applicable minimum percentage 
                                and the applicable maximum percentage 
                                for a plan year beginning in a calendar 
                                year shall be determined in accordance 
                                with the following table:

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

            (2) Conforming amendments.--
                    (A) Subparagraph (F) of section 303(h)(2) of such 
                Act (29 U.S.C. 1083(h)(2)) is amended by inserting 
                ``and the averages determined under subparagraph 
                (C)(iv)'' after ``subparagraph (C)''.
                    (B) Clauses (ii) and (iii) of section 205(g)(3)(B) 
                of such Act (29 U.S.C. 1055(g)(3)(B)) are each amended 
                by striking ``section 303(h)(2)(C)'' and inserting 
                ``section 303(h)(2)(C) (determined by not taking into 
                account any adjustment under clause (iv) thereof)''.
                    (C) Clause (iv) of section 4006(a)(3)(E) of such 
                Act (29 U.S.C. 1306(a)(3)(E)) is amended by striking 
                ``section 303(h)(2)(C)'' and inserting ``section 
                303(h)(2)(C) (notwithstanding any regulations issued by 
                the corporation, determined by not taking into account 
                any adjustment under clause (iv) thereof)''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply with respect to plan years beginning after December 31, 
        2011.
            (2) Exception.--A plan sponsor may elect not to have the 
        amendments made by this section apply to any plan year 
        beginning on or before the date of the enactment of this Act 
        solely for purposes of determining the adjusted funding target 
        attainment percentage under sections 436 of the Internal 
        Revenue Code of 1986 and 206(g) of the Employee Retirement 
        Income Security Act of 1974 for such plan year. A plan shall 
        not be treated as failing to meet the requirements of sections 
        411(d)(6) of such Code and 204(g) of such Act solely by reason 
        of an election under this paragraph.

SEC. 40313. ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND.

    Subsection (f) of section 9503 of the Internal Revenue Code of 
1986, as amended by this Act, is amended by redesignating paragraph (4) 
as paragraph (5) and by inserting after paragraph (3) the following new 
paragraph:
            ``(4) Additional appropriations to trust fund.--Out of 
        money in the Treasury not otherwise appropriated, there is 
        hereby appropriated to the Highway Trust Fund--
                    ``(A) for fiscal year 2012, $2,183,000,000,
                    ``(B) for fiscal year 2013, $2,277,000,000, and
                    ``(C) for fiscal year 2014, $510,000,000.''.

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

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

                   DIVISION E--RESEARCH AND EDUCATION

SEC. 50001. SHORT TITLE.

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

                            TITLE I--FUNDING

SEC. 51001. AUTHORIZATION OF APPROPRIATIONS.

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

             TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION

SEC. 52001. RESEARCH, TECHNOLOGY, AND EDUCATION.

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

SEC. 52002. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND 
              TECHNOLOGY.

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

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

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

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

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

SEC. 52003. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.

    (a) In General.--Section 503 of title 23, United States Code, is 
amended to read as follows:
``Sec. 503. Research and technology development and deployment
    ``(a) In General.--The Secretary shall--
            ``(1) carry out research, development, and deployment 
        activities that encompass the entire innovation lifecycle; and
            ``(2) ensure that all research carried out under this 
        section aligns with the transportation research and development 
        strategic plan of the Secretary.
    ``(b) Highway Research and Development Program.--
            ``(1) Objectives.--In carrying out the highway research and 
        development program, the Secretary, to address current and 
        emerging highway transportation needs, shall--
                    ``(A) identify research topics;
                    ``(B) coordinate domestic and international 
                research and development activities;
                    ``(C) carry out research, testing, and evaluation 
                activities; and
                    ``(D) provide technology transfer and technical 
                assistance.
            ``(2) Contents.--Research and development activities 
        carried out under this section may include any of the following 
        activities:
                    ``(A) Improving highway safety.--
                            ``(i) In general.--The Secretary shall 
                        carry out research and development activities 
                        from an integrated perspective to establish and 
                        implement systematic measures to improve 
                        highway safety.
                            ``(ii) Objectives.--In carrying out this 
                        subparagraph the Secretary shall carry out 
                        research and development activities--
                                    ``(I) to achieve greater long-term 
                                safety gains;
                                    ``(II) to reduce the number of 
                                fatalities and serious injuries on 
                                public roads;
                                    ``(III) to fill knowledge gaps that 
                                limit the effectiveness of research;
                                    ``(IV) to support the development 
                                and implementation of State strategic 
                                highway safety plans;
                                    ``(V) to advance improvements in, 
                                and use of, performance prediction 
                                analysis for decisionmaking; and
                                    ``(VI) to expand technology 
                                transfer to partners and stakeholders.
                            ``(iii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) safety assessments and 
                                decisionmaking tools;
                                    ``(II) data collection and 
                                analysis;
                                    ``(III) crash reduction 
                                projections;
                                    ``(IV) low-cost safety 
                                countermeasures;
                                    ``(V) innovative operational 
                                improvements and designs of roadway and 
                                roadside features;
                                    ``(VI) evaluation of countermeasure 
                                costs and benefits;
                                    ``(VII) development of tools for 
                                projecting impacts of safety 
                                countermeasures;
                                    ``(VIII) rural road safety 
                                measures;
                                    ``(IX) safety measures for 
                                vulnerable road users, including 
                                bicyclists and pedestrians;
                                    ``(X) safety policy studies;
                                    ``(XI) human factors studies and 
                                measures;
                                    ``(XII) safety technology 
                                deployment;
                                    ``(XIII) safety workforce 
                                professional capacity building 
                                initiatives;
                                    ``(XIV) safety program and process 
                                improvements; and
                                    ``(XV) tools and methods to enhance 
                                safety performance, including 
                                achievement of statewide safety 
                                performance targets.
                    ``(B) Improving infrastructure integrity.--
                            ``(i) In general.--The Secretary shall 
                        carry out and facilitate highway and bridge 
                        infrastructure research and development 
                        activities--
                                    ``(I) to maintain infrastructure 
                                integrity;
                                    ``(II) to meet user needs; and
                                    ``(III) to link Federal 
                                transportation investments to 
                                improvements in system performance.
                            ``(ii) Objectives.--In carrying out this 
                        subparagraph, the Secretary shall carry out 
                        research and development activities--
                                    ``(I) to reduce the number of 
                                fatalities attributable to 
                                infrastructure design characteristics 
                                and work zones;
                                    ``(II) to improve the safety and 
                                security of highway infrastructure;
                                    ``(III) to increase the reliability 
                                of lifecycle performance predictions 
                                used in infrastructure design, 
                                construction, and management;
                                    ``(IV) to improve the ability of 
                                transportation agencies to deliver 
                                projects that meet expectations for 
                                timeliness, quality, and cost;
                                    ``(V) to reduce user delay 
                                attributable to infrastructure system 
                                performance, maintenance, 
                                rehabilitation, and construction;
                                    ``(VI) to improve highway condition 
                                and performance through increased use 
                                of design, materials, construction, and 
                                maintenance innovations;
                                    ``(VII) to reduce the lifecycle 
                                environmental impacts of highway 
                                infrastructure through innovations in 
                                design, construction, operation, 
                                preservation, and maintenance; and
                                    ``(VIII) to study vulnerabilities 
                                of the transportation system to seismic 
                                activities and extreme events and 
                                methods to reduce those 
                                vulnerabilities.
                            ``(iii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) long-term infrastructure 
                                performance programs addressing 
                                pavements, bridges, tunnels, and other 
                                structures;
                                    ``(II) short-term and accelerated 
                                studies of infrastructure performance;
                                    ``(III) research to develop more 
                                durable infrastructure materials and 
                                systems;
                                    ``(IV) advanced infrastructure 
                                design methods;
                                    ``(V) accelerated highway and 
                                bridge construction;
                                    ``(VI) performance-based 
                                specifications;
                                    ``(VII) construction and materials 
                                quality assurance;
                                    ``(VIII) comprehensive and 
                                integrated infrastructure asset 
                                management;
                                    ``(IX) infrastructure safety 
                                assurance;
                                    ``(X) highway infrastructure 
                                security;
                                    ``(XI) sustainable infrastructure 
                                design and construction;
                                    ``(XII) infrastructure 
                                rehabilitation and preservation 
                                techniques, including techniques to 
                                rehabilitate and preserve historic 
                                infrastructure;
                                    ``(XIII) hydraulic, geotechnical, 
                                and aerodynamic aspects of 
                                infrastructure;
                                    ``(XIV) improved highway 
                                construction technologies and 
                                practices;
                                    ``(XV) improved tools, 
                                technologies, and models for 
                                infrastructure management, including 
                                assessment and monitoring of 
                                infrastructure condition;
                                    ``(XVI) studies to improve 
                                flexibility and resiliency of 
                                infrastructure systems to withstand 
                                climate variability;
                                    ``(XVII) studies on the 
                                effectiveness of fiber-based additives 
                                to improve the durability of surface 
                                transportation materials in various 
                                geographic regions;
                                    ``(XVIII) studies of infrastructure 
                                resilience and other adaptation 
                                measures;
                                    ``(XIX) maintenance of seismic 
                                research activities, including research 
                                carried out in conjunction with other 
                                Federal agencies to study the 
                                vulnerability of the transportation 
                                system to seismic activity and methods 
                                to reduce that vulnerability; and
                                    ``(XX) technology transfer and 
                                adoption of permeable, pervious, or 
                                porous paving materials, practices, and 
                                systems that are designed to minimize 
                                environmental impacts, stormwater 
                                runoff, and flooding and to treat or 
                                remove pollutants by allowing 
                                stormwater to infiltrate through the 
                                pavement in a manner similar to 
                                predevelopment hydrologic conditions.
                            ``(iv) Lifecycle costs analysis study.--
                                    ``(I) In general.--In this clause, 
                                the term `lifecycle costs analysis' 
                                means a process for evaluating the 
                                total economic worth of a usable 
                                project segment by analyzing initial 
                                costs and discounted future costs, such 
                                as maintenance, user, reconstruction, 
                                rehabilitation, restoring, and 
                                resurfacing costs, over the life of the 
                                project segment.
                                    ``(II) Study.--The Comptroller 
                                General shall conduct a study of the 
                                best practices for calculating 
                                lifecycle costs for federally funded 
                                highway projects. At a minimum, this 
                                study shall include a thorough 
                                literature review and a survey of 
                                current lifecycle cost practices of 
                                State departments of transportation.
                                    ``(III) Consultation.--In carrying 
                                out this study, the Comptroller shall 
                                consult with, at a minimum--
                                            ``(aa) the American 
                                        Association of State Highway 
                                        and Transportation Officials;
                                            ``(bb) appropriate experts 
                                        in the field of lifecycle cost 
                                        analysis; and
                                            ``(cc) appropriate industry 
                                        experts and research centers.
                                    ``(IV) Report.--Not later than 1 
                                year after the date of enactment of the 
                                Transportation Research and Innovative 
                                Technology Act of 2012, the Comptroller 
                                General shall submit to the Committee 
                                on Environment and Public Works of the 
                                Senate and the Committee on 
                                Transportation and Infrastructure of 
                                the House of Representatives a report 
                                on the results of the study which shall 
                                include, but is not limited to--
                                            ``(aa) a summary of the 
                                        latest research on lifecycle 
                                        cost analysis; and
                                            ``(bb) recommendations on 
                                        the appropriate--

                                                    ``(AA) period of 
                                                analysis;

                                                    ``(BB) design 
                                                period;

                                                    ``(CC) discount 
                                                rates; and

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

                    ``(C) Strengthening transportation planning and 
                environmental decisionmaking.--
                            ``(i) In general.--The Secretary shall 
                        carry out research--
                                    ``(I) to improve transportation 
                                planning and environmental 
                                decisionmaking processes; and
                                    ``(II) to minimize the impact of 
                                surface transportation on the 
                                environment and quality of life.
                            ``(ii) Objectives.--In carrying out this 
                        subparagraph the Secretary shall carry out 
                        research and development activities--
                                    ``(I) to reduce the impact of 
                                highway infrastructure and operations 
                                on the natural and human environment;
                                    ``(II) to advance improvements in 
                                environmental analyses and processes 
                                and context sensitive solutions for 
                                transportation decisionmaking;
                                    ``(III) to improve construction 
                                techniques;
                                    ``(IV) to accelerate construction 
                                to reduce congestion and related 
                                emissions;
                                    ``(V) to reduce the impact of 
                                highway runoff on the environment;
                                    ``(VI) to maintain sustainability 
                                of biological communities and 
                                ecosystems adjacent to highway 
                                corridors;
                                    ``(VII) to improve understanding 
                                and modeling of the factors that 
                                contribute to the demand for 
                                transportation;
                                    ``(VIII) to improve transportation 
                                planning decisionmaking and 
                                coordination; and
                                    ``(IX) to reduce the environmental 
                                impacts of freight movement.
                            ``(iii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) creation of models and tools 
                                for evaluating transportation measures 
                                and transportation system designs;
                                    ``(II) congestion reduction 
                                efforts;
                                    ``(III) transportation and economic 
                                development planning in rural areas and 
                                small communities;
                                    ``(IV) improvement of State, local, 
                                and tribal capabilities relating to 
                                surface transportation planning and the 
                                environment;
                                    ``(V) environmental stewardship and 
                                sustainability activities;
                                    ``(VI) streamlining of project 
                                delivery processes;
                                    ``(VII) development of effective 
                                strategies and techniques to analyze 
                                and minimize impacts to the natural and 
                                human environment and provide 
                                environmentally beneficial mitigation;
                                    ``(VIII) comprehensive 
                                multinational planning;
                                    ``(IX) multistate transportation 
                                corridor planning;
                                    ``(X) improvement of transportation 
                                choices, including walking, bicycling, 
                                and linkages to public transportation;
                                    ``(XI) ecosystem sustainability;
                                    ``(XII) wildlife and plant 
                                population connectivity and interaction 
                                across and along highway corridors;
                                    ``(XIII) analysis, measurement, and 
                                reduction of air pollution from 
                                transportation sources;
                                    ``(XIV) advancement in the 
                                understanding of health impact analyses 
                                in transportation planning and project 
                                development;
                                    ``(XV) transportation planning 
                                professional development;
                                    ``(XVI) research on improving the 
                                cooperation and integration of 
                                transportation planning with other 
                                regional plans, including land use, 
                                energy, water infrastructure, economic 
                                development, and housing plans;
                                    ``(XVII) reducing the environmental 
                                impacts of freight movement; and
                                    ``(XVIII) alternative 
                                transportation fuels research.
                    ``(D) Reducing congestion, improving highway 
                operations, and enhancing freight productivity.--
                            ``(i) In general.--The Secretary shall 
                        carry out research under this subparagraph with 
                        the goals of--
                                    ``(I) addressing congestion 
                                problems;
                                    ``(II) reducing the costs of 
                                congestion;
                                    ``(III) improving freight movement;
                                    ``(IV) increasing productivity; and
                                    ``(V) improving the economic 
                                competitiveness of the United States.
                            ``(ii) Objectives.--In carrying out this 
                        subparagraph, the Secretary shall carry out 
                        research and development activities to 
                        identify, develop, and assess innovations that 
                        have the potential--
                                    ``(I) to reduce traffic congestion;
                                    ``(II) to improve freight movement; 
                                and
                                    ``(III) to reduce freight-related 
                                congestion throughout the 
                                transportation network.
                            ``(iii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) active traffic and demand 
                                management;
                                    ``(II) acceleration of the 
                                implementation of Intelligent 
                                Transportation Systems technology;
                                    ``(III) advanced transportation 
                                concepts and analysis;
                                    ``(IV) arterial management and 
                                traffic signal operation;
                                    ``(V) congestion pricing;
                                    ``(VI) corridor management;
                                    ``(VII) emergency operations;
                                    ``(VIII) research relating to 
                                enabling technologies and applications;
                                    ``(IX) freeway management;
                                    ``(X) evaluation of enabling 
                                technologies;
                                    ``(XI) freight industry 
                                professional development;
                                    ``(XII) impacts of vehicle size and 
                                weight on congestion;
                                    ``(XIII) freight operations and 
                                technology;
                                    ``(XIV) operations and freight 
                                performance measurement and management;
                                    ``(XV) organization and planning 
                                for operations;
                                    ``(XVI) planned special events 
                                management;
                                    ``(XVII) real-time transportation 
                                information;
                                    ``(XVIII) road weather management;
                                    ``(XIX) traffic and freight data 
                                and analysis tools;
                                    ``(XX) traffic control devices;
                                    ``(XXI) traffic incident 
                                management;
                                    ``(XXII) work zone management;
                                    ``(XXIII) communication of travel, 
                                roadway, and emergency information to 
                                persons with disabilities; and
                                    ``(XXIV) research on enhanced mode 
                                choice and intermodal connectivity.
                    ``(E) Assessing policy and system financing 
                alternatives.--
                            ``(i) In general.--The Secretary shall 
                        carry out research and technology on emerging 
                        issues in the domestic and international 
                        transportation community from a policy 
                        perspective.
                            ``(ii) Objectives.--Research and technology 
                        activities carried out under this subparagraph 
                        shall provide information to policy and 
                        decisionmakers on current and emerging 
                        transportation issues.
                            ``(iii) Research activities.--Activities 
                        carried out under this subparagraph shall 
                        include--
                                    ``(I) the planning and integration 
                                of a coordinated program related to the 
                                possible design, interoperability, and 
                                institutional roles of future 
                                sustainable transportation revenue 
                                mechanisms;
                                    ``(II) field trials to research 
                                potential alternative revenue 
                                mechanisms, and the Secretary may 
                                partner with individual States, groups 
                                of States, or other entities to 
                                implement such trials; and
                                    ``(III) other activities to study 
                                new methods which preserve a user-fee 
                                structure to maintain the long-term 
                                solvency of the Highway Trust Fund.
                            ``(iv) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) highway needs and investment 
                                analysis;
                                    ``(II) a motor fuel tax evasion 
                                program;
                                    ``(III) advancing innovations in 
                                revenue generation, financing, and 
                                procurement for project delivery;
                                    ``(IV) improving the accuracy of 
                                project cost analyses;
                                    ``(V) highway performance 
                                measurement;
                                    ``(VI) travel demand performance 
                                measurement;
                                    ``(VII) highway finance performance 
                                measurement;
                                    ``(VIII) international technology 
                                exchange initiatives;
                                    ``(IX) infrastructure investment 
                                needs reports;
                                    ``(X) promotion of the 
                                technologies, products, and best 
                                practices of the United States; and
                                    ``(XI) establishment of 
                                partnerships among the United States, 
                                foreign agencies, and transportation 
                                experts.
                            ``(v) Funding.--Of the funds authorized to 
                        carry out this subsection, no less than 50 
                        percent shall be used to carry out clause 
                        (iii).
                    ``(F) Infrastructure investment needs report.--
                            ``(i) In general.--Not later than July 31, 
                        2012, and July 31 of every second year 
                        thereafter, the Secretary shall submit to the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Environment and Public Works of 
                        the Senate a report that describes estimates of 
                        the future highway and bridge needs of the 
                        United States and the backlog of current 
                        highway and bridge needs.
                            ``(ii) Comparisons.--Each report under 
                        clause (i) shall include all information 
                        necessary to relate and compare the conditions 
                        and service measures used in the previous 
                        biennial reports to conditions and service 
                        measures used in the current report.
                            ``(iii) Inclusions.--Each report under 
                        clause (i) shall provide recommendations to 
                        Congress on changes to the Highway Performance 
                        Monitoring System that address--
                                    ``(I) improvements to the quality 
                                and standardization of data collection 
                                on all functional classifications of 
                                Federal-aid highways for accurate 
                                system length, lane length, and 
                                vehicle-mile of travel; and
                                    ``(II) changes to the reporting 
                                requirements authorized under section 
                                315, to reflect recommendations under 
                                this paragraph for collection, storage, 
                                analysis, reporting, and display of 
                                data for Federal-aid highways and, to 
                                the maximum extent practical, all 
                                public roads.
                    ``(G) Exploring next generation solutions and 
                capitalizing on the highway research center.--
                            ``(i) In general.--The Secretary shall 
                        carry out research and development activities 
                        relating to exploratory advanced research--
                                    ``(I) to leverage the targeted 
                                capabilities of the Turner-Fairbank 
                                Highway Research Center to develop 
                                technologies and innovations of 
                                national importance; and
                                    ``(II) to develop potentially 
                                transformational solutions to improve 
                                the durability, efficiency, 
                                environmental impact, productivity, and 
                                safety aspects of highway and 
                                intermodal transportation systems.
                            ``(ii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) long-term, high-risk research 
                                to improve the materials used in 
                                highway infrastructure;
                                    ``(II) exploratory research to 
                                assess the effects of transportation 
                                decisions on human health;
                                    ``(III) advanced development of 
                                surrogate measures for highway safety;
                                    ``(IV) transformational research to 
                                affect complex environmental and 
                                highway system relationships;
                                    ``(V) development of economical and 
                                environmentally sensitive designs, 
                                efficient and quality-controlled 
                                construction practices, and durable 
                                materials;
                                    ``(VI) development of advanced data 
                                acquisition techniques for system 
                                condition and performance monitoring;
                                    ``(VII) inclusive research for 
                                hour-to-hour operational decisionmaking 
                                and simulation forecasting;
                                    ``(VIII) understanding current and 
                                emerging phenomena to inform next 
                                generation transportation policy 
                                decisionmaking; and
                                    ``(IX) continued improvement and 
                                advancement of the Turner-Fairbank 
                                Highway Research Center.
                    ``(H) Aligning national challenges and 
                disseminating information.--
                            ``(i) In general.--The Secretary shall 
                        conduct research and development activities--
                                    ``(I) to establish a nationally 
                                coordinated highway research agenda 
                                that--
                                            ``(aa) focuses on topics of 
                                        national significance;
                                            ``(bb) addresses current 
                                        gaps in research;
                                            ``(cc) encourages 
                                        collaboration;
                                            ``(dd) reduces unnecessary 
                                        duplication of effort; and
                                            ``(ee) accelerates 
                                        innovation delivery; and
                                    ``(II) to provide relevant 
                                information to researchers and highway 
                                and transportation practitioners to 
                                improve the performance of the 
                                transportation system.
                            ``(ii) Contents.--Research and technology 
                        activities carried out under this subparagraph 
                        may include--
                                    ``(I) coordination, development, 
                                and implementation of a national 
                                highway research agenda;
                                    ``(II) collaboration on national 
                                emphasis areas of highway research and 
                                coordination among international, 
                                Federal, State, and university research 
                                programs;
                                    ``(III) development and delivery of 
                                research reports and innovation 
                                delivery messages;
                                    ``(IV) identification of market-
                                ready technologies and innovations; and
                                    ``(V) provision of access to data 
                                developed under this subparagraph to 
                                the public, including researchers, 
                                stakeholders, and customers, through a 
                                publicly accessible Internet site.
    ``(c) Technology and Innovation Deployment Program.--
            ``(1) In general.--The Secretary shall carry out a 
        technology and innovation deployment program relating to all 
        aspects of highway transportation, including planning, 
        financing, operation, structures, materials, pavements, 
        environment, construction, and the duration of time between 
        project planning and project delivery, with the goals of--
                    ``(A) significantly accelerating the adoption of 
                innovative technologies by the surface transportation 
                community;
                    ``(B) providing leadership and incentives to 
                demonstrate and promote state-of-the-art technologies, 
                elevated performance standards, and new business 
                practices in highway construction processes that result 
                in improved safety, faster construction, reduced 
                congestion from construction, and improved quality and 
                user satisfaction;
                    ``(C) constructing longer-lasting highways through 
                the use of innovative technologies and practices that 
                lead to faster construction of efficient and safe 
                highways and bridges;
                    ``(D) improving highway efficiency, safety, 
                mobility, reliability, service life, environmental 
                protection, and sustainability; and
                    ``(E) developing and deploying new tools, 
                techniques, and practices to accelerate the adoption of 
                innovation in all aspects of highway transportation.
            ``(2) Implementation.--
                    ``(A) In general.--The Secretary shall promote, 
                facilitate, and carry out the program established under 
                paragraph (1) to distribute the products, technologies, 
                tools, methods, or other findings that result from 
                highway research and development activities, including 
                research and development activities carried out under 
                this chapter.
                    ``(B) Accelerated innovation deployment.--In 
                carrying out the program established under paragraph 
                (1), the Secretary shall--
                            ``(i) establish and carry out demonstration 
                        programs;
                            ``(ii) provide incentives, technical 
                        assistance, and training to researchers and 
                        developers; and
                            ``(iii) develop improved tools and methods 
                        to accelerate the adoption of proven innovative 
                        practices and technologies as standard 
                        practices.
                    ``(C) Implementation of future strategic highway 
                research program findings and results.--
                            ``(i) In general.--The Secretary, in 
                        consultation with the American Association of 
                        State Highway and Transportation Officials and 
                        the Transportation Research Board of the 
                        National Academy of Sciences, shall implement 
                        the findings and recommendations developed 
                        under the future strategic highway research 
                        program established under section 510.
                            ``(ii) Basis for findings.--The activities 
                        carried out under this subparagraph shall be 
                        based on the report submitted to Congress by 
                        the Transportation Research Board of the 
                        National Academy of Sciences under section 
                        510(e).
                            ``(iii) Personnel.--The Secretary may use 
                        funds made available to carry out this 
                        subsection for administrative costs under this 
                        subparagraph, which funds shall be used in 
                        addition to any other funds made available for 
                        that purpose.
                            ``(iv) Fees.--
                                    ``(I) In general.--The Secretary 
                                may impose and collect fees to recover 
                                costs associated with special data or 
                                analysis requests relating to safety 
                                naturalistic driving databases 
                                developed under the future of strategic 
                                highway research program.
                                    ``(II) Use of fee amounts.--
                                            ``(aa) In general.--Any 
                                        fees collected under this 
                                        clause shall be made available 
                                        to the Secretary to carry out 
                                        this section and shall remain 
                                        available for expenditure until 
                                        expended.
                                            ``(bb) Supplement, not 
                                        supplant.--Any fee amounts 
                                        collected under this clause 
                                        shall supplement, but not 
                                        supplant, amounts made 
                                        available to the Secretary to 
                                        carry out this title.
            ``(3) Accelerated implementation and deployment of pavement 
        technologies.--
                    ``(A) In general.--The Secretary shall establish 
                and implement a program under the technology and 
                innovation deployment program to promote, implement, 
                deploy, demonstrate, showcase, support, and document 
                the application of innovative pavement technologies, 
                practices, performance, and benefits.
                    ``(B) Goals.--The goals of the accelerated 
                implementation and deployment of pavement technologies 
                program shall include--
                            ``(i) the deployment of new, cost-effective 
                        designs, materials, recycled materials, and 
                        practices to extend the pavement life and 
                        performance and to improve user satisfaction;
                            ``(ii) the reduction of initial costs and 
                        lifecycle costs of pavements, including the 
                        costs of new construction, replacement, 
                        maintenance, and rehabilitation;
                            ``(iii) the deployment of accelerated 
                        construction techniques to increase safety and 
                        reduce construction time and traffic disruption 
                        and congestion;
                            ``(iv) the deployment of engineering design 
                        criteria and specifications for new and 
                        efficient practices, products, and materials 
                        for use in highway pavements;
                            ``(v) the deployment of new nondestructive 
                        and real-time pavement evaluation technologies 
                        and construction techniques; and
                            ``(vi) effective technology transfer and 
                        information dissemination to accelerate 
                        implementation of new technologies and to 
                        improve life, performance, cost effectiveness, 
                        safety, and user satisfaction.
                    ``(C) Funding.--The Secretary shall obligate for 
                each of fiscal years 2012 through 2013 from funds made 
                available to carry out this subsection--
                            ``(i) $6,000,000 to accelerate the 
                        deployment and implementation of asphalt 
                        pavement technology; and
                            ``(ii) $6,000,000 to accelerate the 
                        deployment and implementation of concrete 
                        pavement technology used in highways on the 
                        national highway system.
                    ``(D) Administration.--
                            ``(i) In general.--The implementation and 
                        deployment activities to be carried out under 
                        this paragraph shall be identified and 
                        conducted in collaboration with industry, State 
                        departments of transportation, the Federal 
                        Highway Administration, the National Academy of 
                        Sciences, and other appropriate entities, using 
                        the respective road maps (the Concrete Pavement 
                        Road Map and National Asphalt Roadmap) as a 
                        guide.
                            ``(ii) Collaboration.--The Federal Highway 
                        Administration shall collaborate with 
                        organizations that have a proven track record 
                        of effective technology deployment on a 
                        national scale, stakeholder involvement, and 
                        leveraging of public sector investment.
                            ``(iii) Advisory committee.--A pavement 
                        technology implementation advisory committee 
                        comprised of key stakeholders, including the 
                        Federal Highway Administration, State 
                        departments of transportation, and the pavement 
                        industry, shall be established to oversee and 
                        advise the program efforts.
                            ``(iv) Report.--The Secretary shall 
                        annually submit to the Committee on Environment 
                        and Public Works of the Senate and the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives a report that 
                        details the progress and results of the 
                        activities carried out under this paragraph.
    ``(d) Air Quality and Congestion Mitigation Measure Outcomes 
Assessment Research.--
            ``(1) In general.--The Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency, shall 
        carry out a research program to examine the outcomes of actions 
        funded under the congestion mitigation and air quality 
        improvement program since the enactment of the SAFETEA-LU 
        (Public Law 109-59).
            ``(2) Goals.--The goals of the program shall include--
                    ``(A) the assessment and documentation, through 
                outcomes research conducted on a representative sample 
                of cases, of--
                            ``(i) the emission reductions achieved by 
                        federally supported surface transportation 
                        actions intended to reduce emissions or lessen 
                        traffic congestion; and
                            ``(ii) the air quality and human health 
                        impacts of those actions, including potential 
                        unrecognized or indirect consequences, 
                        attributable to those actions;
                    ``(B) an expanded base of empirical evidence on the 
                air quality and human health impacts of actions 
                described in paragraph (1); and
                    ``(C) an increase in knowledge of--
                            ``(i) the factors determining the air 
                        quality and human health changes associated 
                        with transportation emission reduction actions; 
                        and
                            ``(ii) other information to more accurately 
                        understand the validity of current estimation 
                        and modeling routines and ways to improve those 
                        routines.
            ``(3) Administrative elements.--To carry out this 
        subsection, the Secretary shall--
                    ``(A) make a grant for the coordination, selection, 
                management, and reporting of component studies to an 
                independent scientific research organization with the 
                necessary experience in successfully conducting 
                accountability and other studies on mobile source air 
                pollutants and associated health effects;
                    ``(B) ensure that case studies are identified and 
                conducted by teams selected through a competitive 
                solicitation overseen by an independent committee of 
                unbiased experts; and
                    ``(C) ensure that all findings and reports are 
                peer-reviewed and published in a form that presents the 
                findings together with reviewer comments.
            ``(4) Report.--The Secretary shall submit to the Committee 
        on Environment and Public Works of the Senate and the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives--
                    ``(A) not later than 1 year after the date of 
                enactment of the MAP-21, and for the following year, a 
                report providing an initial scoping and plan, and 
                status updates, respectively, for the program under 
                this subsection; and
                    ``(B) not later than 2 years after the date of 
                enactment of the MAP-21, a final report that describes 
                the findings of, and recommendations resulting from, 
                the program under this subsection.
            ``(5) Funding.--Of the amounts made available to carry out 
        this section, the Secretary shall make available to carry out 
        this subsection not more than $1,000,000 for each fiscal 
        year.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by striking the item relating to section 
503 and inserting the following:

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

SEC. 52004. TRAINING AND EDUCATION.

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

SEC. 52005. STATE PLANNING AND RESEARCH.

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

SEC. 52006. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.

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

SEC. 52007. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE RESEARCH 
              PROGRAM.

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

SEC. 52008. NATIONAL COOPERATIVE FREIGHT RESEARCH.

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

SEC. 52009. PRIZE AUTHORITY.

    (a) In General.--Chapter 3 of title 49, United States Code, is 
amended by inserting before section 336 the following:
``Sec. 335. Prize authority
    ``(a) In General.--The Secretary of Transportation may carry out a 
program, in accordance with this section, to competitively award cash 
prizes to stimulate innovation in basic and applied research, 
technology development, and prototype demonstration that have the 
potential for application to the national transportation system.
    ``(b) Topics.--In selecting topics for prize competitions under 
this section, the Secretary shall--
            ``(1) consult with a wide variety of Government and 
        nongovernment representatives; and
            ``(2) give consideration to prize goals that demonstrate 
        innovative approaches and strategies to improve the safety, 
        efficiency, and sustainability of the national transportation 
        system.
    ``(c) Advertising.--The Secretary shall encourage participation in 
the prize competitions through extensive advertising.
    ``(d) Requirements and Registration.--For each prize competition, 
the Secretary shall publish a notice on a public website that 
describes--
            ``(1) the subject of the competition;
            ``(2) the eligibility rules for participation in the 
        competition;
            ``(3) the amount of the prize; and
            ``(4) the basis on which a winner will be selected.
    ``(e) Eligibility.--An individual or entity may not receive a prize 
under this section unless the individual or entity--
            ``(1) has registered to participate in the competition 
        pursuant to any rules promulgated by the Secretary under this 
        section;
            ``(2) has complied with all the requirements under this 
        section;
            ``(3)(A) in the case of a private entity, is incorporated 
        in, and maintains a primary place of business in, the United 
        States; or
                    ``(B) in the case of an individual, whether 
                participating singly or in a group, is a citizen or 
                permanent resident of the United States; and
            ``(4) is not a Federal entity or Federal employee acting 
        within the scope of his or her employment.
    ``(f) Liability.--
            ``(1) Assumption of risk.--
                    ``(A) In general.--A registered participant shall 
                agree to assume any and all risks and waive claims 
                against the Federal Government and its related 
                entities, except in the case of willful misconduct, for 
                any injury, death, damage, or loss of property, 
                revenue, or profits, whether direct, indirect, or 
                consequential, arising from participation in a 
                competition, whether such injury, death, damage, or 
                loss arises through negligence or otherwise.
                    ``(B) Related entity.--In this paragraph, the term 
                `related entity' means a contractor, subcontractor (at 
                any tier), supplier, user, customer, cooperating party, 
                grantee, investigator, or detailee.
            ``(2) Financial responsibility.--A participant shall obtain 
        liability insurance or demonstrate financial responsibility, in 
        amounts determined by the Secretary, for claims by--
                    ``(A) a third party for death, bodily injury, or 
                property damage, or loss resulting from an activity 
                carried out in connection with participation in a 
                competition, with the Federal Government named as an 
                additional insured under the registered participant's 
                insurance policy and registered participants agreeing 
                to indemnify the Federal Government against third party 
                claims for damages arising from or related to 
                competition activities; and
                    ``(B) the Federal Government for damage or loss to 
                Government property resulting from such an activity.
    ``(g) Judges.--
            ``(1) Selection.--For each prize competition, the 
        Secretary, either directly or through an agreement under 
        subsection (h), shall assemble a panel of qualified judges to 
        select the winner or winners of the prize competition on the 
        basis described in subsection (d). Judges for each competition 
        shall include individuals from outside the Administration, 
        including the private sector.
            ``(2) Limitations.--A judge selected under this subsection 
        may not--
                    ``(A) have personal or financial interests in, or 
                be an employee, officer, director, or agent of, any 
                entity that is a registered participant in a prize 
                competition under this section; or
                    ``(B) have a familial or financial relationship 
                with an individual who is a registered participant.
    ``(h) Administering the Competition.--The Secretary may enter into 
an agreement with a private, nonprofit entity to administer the prize 
competition, subject to the provisions of this section.
    ``(i) Funding.--
            ``(1) Private sector funding.--A cash prize under this 
        section may consist of funds appropriated by the Federal 
        Government and funds provided by the private sector. The 
        Secretary may accept funds from other Federal agencies, State 
        and local governments, and metropolitan planning organizations 
        for the cash prizes. The Secretary may not give any special 
        consideration to any private sector entity in return for a 
        donation under this paragraph.
            ``(2) Availability of funds.--Notwithstanding any other 
        provision of law, amounts appropriated for prize awards under 
        this section--
                    ``(A) shall remain available until expended; and
                    ``(B) may not be transferred, reprogrammed, or 
                expended for other purposes until after the expiration 
                of the 10-year period beginning on the last day of the 
                fiscal year for which the funds were originally 
                appropriated.
            ``(3) Savings provision.--Nothing in this subsection may be 
        construed to permit the obligation or payment of funds in 
        violation of the Anti-Deficiency Act (31 U.S.C. 1341).
            ``(4) Prize announcement.--A prize may not be announced 
        under this section until all the funds needed to pay out the 
        announced amount of the prize have been appropriated or 
        committed in writing by a private source.
            ``(5) Prize increases.--The Secretary may increase the 
        amount of a prize after the initial announcement of the prize 
        under this section if--
                    ``(A) notice of the increase is provided in the 
                same manner as the initial notice of the prize; and
                    ``(B) the funds needed to pay out the announced 
                amount of the increase have been appropriated or 
                committed in writing by a private source.
            ``(6) Congressional notification.--A prize competition 
        under this section may offer a prize in an amount greater than 
        $1,000,000 only after 30 days have elapsed after written notice 
        has been transmitted to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science, 
        Space, and Technology of the House of Representatives.
            ``(7) Award limit.--A prize competition under this section 
        may not result in the award of more than $25,000 in cash prizes 
        without the approval of the Secretary.
    ``(j) Use of Department Name and Insignia.--A registered 
participant in a prize competition under this section may use the 
Department's name, initials, or insignia only after prior review and 
written approval by the Secretary.
    ``(k) Compliance With Existing Law.--The Federal Government shall 
not, by virtue of offering or providing a prize under this section, be 
responsible for compliance by registered participants in a prize 
competition with Federal law, including licensing, export control, and 
non-proliferation laws, and related regulations.''.
    (b) Conforming Amendment.--The analysis for chapter 3 of title 49, 
United States Code, is amended by inserting before the item relating to 
section 336 the following:

``335. Prize authority''.

SEC. 52010. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

    (a) In General.--Section 5505 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5505. University transportation centers program
    ``(a) University Transportation Centers Program.--
            ``(1) Establishment and operation.--The Secretary shall 
        make grants under this section to eligible nonprofit 
        institutions of higher education to establish and operate 
        university transportation centers.
            ``(2) Role of centers.--The role of each university 
        transportation center referred to in paragraph (1) shall be--
                    ``(A) to advance transportation expertise and 
                technology in the varied disciplines that comprise the 
                field of transportation through education, research, 
                and technology transfer activities;
                    ``(B) to provide for a critical transportation 
                knowledge base outside of the Department of 
                Transportation; and
                    ``(C) to address critical workforce needs and 
                educate the next generation of transportation leaders.
    ``(b) Competitive Selection Process.--
            ``(1) Applications.--To receive a grant under this section, 
        a nonprofit institution of higher education shall submit to the 
        Secretary an application that is in such form and contains such 
        information as the Secretary may require.
            ``(2) Restriction.--Institutions may not apply for both a 
        national transportation center and a regional transportation 
        center.
            ``(3) General selection criteria.--
                    ``(A) In general.--Except as otherwise provided by 
                this section, the Secretary shall award grants under 
                this section in nonexclusive candidate topic areas 
                established by the Secretary that address the research 
                priorities identified in section 503 of title 23.
                    ``(B) Criteria.--The Secretary, in conjunction with 
                the Administrators of the Federal Highway 
                Administration and the Federal Transit Administration, 
                shall select each recipient of a grant under this 
                section through a competitive process based on the 
                assessment of the Secretary relating to--
                            ``(i) the demonstrated ability of the 
                        recipient to address each specific topic area 
                        described in the research and strategic plans 
                        of the recipient;
                            ``(ii) the demonstrated research, 
                        technology transfer, and education resources 
                        available to the recipient to carry out this 
                        section;
                            ``(iii) the ability of the recipient to 
                        provide leadership in solving immediate and 
                        long-range national and regional transportation 
                        problems;
                            ``(iv) the ability of the recipient to 
                        carry out research, education, and technology 
                        transfer activities that are multimodal and 
                        multidisciplinary in scope;
                            ``(v) the demonstrated commitment of the 
                        recipient to carry out transportation workforce 
                        development programs through--
                                    ``(I) degree-granting programs;
                                    ``(II) training seminars for 
                                practicing professionals;
                                    ``(III) outreach activities to 
                                attract new entrants into the 
                                transportation field, including women, 
                                minorities, and persons from 
                                disadvantaged communities; and
                                    ``(IV) primary and secondary school 
                                transportation workforce outreach;
                            ``(vi) the demonstrated ability of the 
                        recipient to disseminate results and spur the 
                        implementation of transportation research and 
                        education programs through national or 
                        statewide continuing education programs;
                            ``(vii) the demonstrated commitment of the 
                        recipient to the use of peer review principles 
                        and other research best practices in the 
                        selection, management, and dissemination of 
                        research projects;
                            ``(viii) the strategic plan submitted by 
                        the recipient describing the proposed research 
                        to be carried out by the recipient and the 
                        performance metrics to be used in assessing the 
                        performance of the recipient in meeting the 
                        stated research, technology transfer, 
                        education, and outreach goals; and
                            ``(ix) the ability of the recipient to 
                        implement the proposed program in a cost-
                        efficient manner, such as through cost sharing 
                        and overall reduced overhead, facilities, and 
                        administrative costs.
    ``(c) Grants.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Transportation Research and Innovative 
        Technology Act of 2012, the Secretary, in conjunction with the 
        Administrators of the Federal Highway Administration and the 
        Federal Transit Administration, shall select grant recipients 
        under subsection (b) and make grant amounts available to the 
        selected recipients.
            ``(2) National transportation centers.--
                    ``(A) In general.--For each of fiscal years 2012 
                and 2013, and subject to subparagraph (B), the 
                Secretary shall provide grants to 5 recipients that the 
                Secretary determines best meet the criteria described 
                in subsection (b)(3).
                    ``(B) Restrictions.--
                            ``(i) In general.--For each fiscal year, a 
                        grant made available under this paragraph shall 
                        not exceed $3,250,000 per recipient.
                            ``(ii) Focused research.--The grant 
                        recipients under this paragraph shall focus 
                        research on national transportation issues, as 
                        determined by the Secretary.
                    ``(C) Matching requirement.--
                            ``(i) In general.--As a condition of 
                        receiving a grant under this paragraph, a grant 
                        recipient shall match 100 percent of the 
                        amounts made available under the grant.
                            ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                    ``(I) section 504(b) or 505 of 
                                title 23; and
                                    ``(II) a transportation-related 
                                grant from the National Science 
                                Foundation subject to prior approval by 
                                the Secretary.
            ``(3) Regional university transportation centers.--
                    ``(A) Location of regional centers.--One regional 
                university transportation center shall be located in 
                each of the 10 Federal regions that comprise the 
                Standard Federal Regions established by the Office of 
                Management and Budget in the document entitled 
                `Standard Federal Regions' and dated April, 1974 
                (circular A-105).
                    ``(B) Selection criteria.--In conducting a 
                competition under subsection (b), the Secretary shall 
                provide grants to 10 recipients on the basis of--
                            ``(i) the criteria described in subsection 
                        (b)(3);
                            ``(ii) the location of the center within 
                        the Federal region to be served; and
                            ``(iii) whether the institution (or, in the 
                        case of consortium of institutions, the lead 
                        institution) demonstrates that the institution 
                        has a well-established, nationally recognized 
                        program in transportation research and 
                        education, as evidenced by--
                                    ``(I) recent expenditures by the 
                                institution in highway or public 
                                transportation research;
                                    ``(II) a historical track record of 
                                awarding graduate degrees in 
                                professional fields closely related to 
                                highways and public transportation; and
                                    ``(III) an experienced faculty who 
                                specialize in professional fields 
                                closely related to highways and public 
                                transportation.
                    ``(C) Restrictions.--For each fiscal year, a grant 
                made available under this paragraph shall not exceed 
                $2,750,000 for each recipient.
                    ``(D) Matching requirements.--
                            ``(i) In general.--As a condition of 
                        receiving a grant under this paragraph, a grant 
                        recipient shall match 100 percent of the 
                        amounts made available under the grant.
                            ``(ii) Sources.--The matching amounts 
                        referred to in the clause (i) may include 
                        amounts made available to the recipient under--
                                    ``(I) section 504(b) or 505 of 
                                title 23; and
                                    ``(II) a transportation-related 
                                grant from the National Science 
                                Foundation subject to prior approval by 
                                the Secretary.
            ``(4) Tier 1 university transportation centers.--
                    ``(A) In general.--For each of fiscal years 2012 
                and 2013, the Secretary shall provide grants of not 
                more than $1,500,000 each to not more than 20 
                recipients to carry out this section.
                    ``(B) Restriction.--A grant recipient under 
                paragraph (2) or (3) shall not be eligible to receive a 
                grant under this paragraph.
                    ``(C) Matching requirement.--
                            ``(i) In general.--Subject to clause (iii), 
                        as a condition of receiving a grant under this 
                        paragraph, a grant recipient shall match 50 
                        percent of the amounts made available under the 
                        grant.
                            ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                    ``(I) section 504(b) or 505 of 
                                title 23; and
                                    ``(II) a transportation-related 
                                grant from the National Science 
                                Foundation subject to prior approval by 
                                the Secretary.
                            ``(iii) Exemption.--This subparagraph shall 
                        not apply on a demonstration of financial 
                        hardship by the applicant institution.
                    ``(D) Focused research.--
                            ``(i) In general.--In awarding grants under 
                        this paragraph, consideration shall be given to 
                        minority institutions, as defined by section 
                        365 of the Higher Education Act of 1965 (20 
                        U.S.C. 1067k), or consortia that include such 
                        institutions that have demonstrated an ability 
                        in transportation-related research.
                            ``(ii) Public transportation issues.--At 
                        least 2 of the recipients awarded a grant under 
                        this paragraph shall have expertise in, and 
                        focus research on, public transportation 
                        issues.
    ``(d) Program Coordination.--
            ``(1) In general.--The Secretary shall--
                    ``(A) coordinate the research, education, and 
                technology transfer activities carried out by grant 
                recipients under this section; and
                    ``(B) disseminate the results of that research 
                through the establishment and operation of an 
                information clearinghouse.
            ``(2) Annual review and evaluation.--Not less frequently 
        than annually, and consistent with the plan developed under 
        section 508 of title 23, the Secretary shall review and 
        evaluate the programs carried out under this section by grant 
        recipients.
            ``(3) Program evaluation and oversight.--For each of fiscal 
        years 2012 and 2013, the Secretary shall expend not more than 
        1\1/2\ percent of the amounts made available to the Secretary 
        to carry out this section for any coordination, evaluation, and 
        oversight activities of the Secretary under this section and 
        section 5506.
    ``(e) Limitation on Availability of Amounts.--Amounts made 
available to the Secretary to carry out this section shall remain 
available for obligation by the Secretary for a period of 3 years after 
the last day of the fiscal year for which the amounts are appropriated.
    ``(f) Information Collection.--Any survey, questionnaire, or 
interview that the Secretary determines to be necessary to carry out 
reporting requirements relating to any program assessment or evaluation 
activity under this section, including customer satisfaction 
assessments, shall not be subject to chapter 35 of title 44.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by striking the item relating to section 
5505 and inserting the following:

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

SEC. 52011. BUREAU OF TRANSPORTATION STATISTICS.

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

           ``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS

``Sec.
``6301. Definitions.
``6302. Bureau of Transportation Statistics.
``6303. Intermodal transportation database.
``6305. Advisory council on transportation statistics.
``6306. Transportation statistical collection, analysis, and 
                            dissemination.
``6307. Furnishing of information, data, or reports by Federal 
                            agencies.
``6308. Proceeds of data product sales.
``6309. Information collection.
``6310. National transportation atlas database.
``6311. Limitations on statutory construction.
``6312. Research and development grants.
``6313. Transportation statistics annual report.
``6314. Mandatory response authority for freight data collection.
``Sec. 6301. Definitions
    ``In this chapter, the following definitions apply:
            ``(1) Bureau.--The term `Bureau' means the Bureau of 
        Transportation Statistics established by section 6302(a).
            ``(2) Department.--The term `Department' means the 
        Department of Transportation.
            ``(3) Director.--The term `Director' means the Director of 
        the Bureau.
            ``(4) Library.--The term `Library' means the National 
        Transportation Library established by section 6304(a).
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
``Sec. 6302. Bureau of Transportation Statistics
    ``(a) Establishment.--There is established in the Research and 
Innovative Technology Administration the Bureau of Transportation 
Statistics.
    ``(b) Director.--
            ``(1) Appointment.--The Bureau shall be headed by a 
        Director, who shall be appointed in the competitive service by 
        the Secretary.
            ``(2) Qualifications.--The Director shall be appointed from 
        among individuals who are qualified to serve as the Director by 
        virtue of their training and experience in the collection, 
        analysis, and use of transportation statistics.
            ``(3) Duties.--
                    ``(A) In general.--The Director shall--
                            ``(i) serve as the senior advisor to the 
                        Secretary on data and statistics; and
                            ``(ii) be responsible for carrying out the 
                        duties described in subparagraph (B).
                    ``(B) Duties.--The Director shall--
                            ``(i) ensure that the statistics compiled 
                        under clause (vi) are designed to support 
                        transportation decisionmaking by--
                                    ``(I) the Federal Government;
                                    ``(II) State and local governments;
                                    ``(III) metropolitan planning 
                                organizations;
                                    ``(IV) transportation-related 
                                associations;
                                    ``(V) the private sector, including 
                                the freight community; and
                                    ``(VI) the public;
                            ``(ii) establish on behalf of the Secretary 
                        a program--
                                    ``(I) to effectively integrate 
                                safety data across modes; and
                                    ``(II) to address gaps in existing 
                                safety data programs of the Department;
                            ``(iii) work with the operating 
                        administrations of the Department--
                                    ``(I) to establish and implement 
                                the data programs of the Bureau; and
                                    ``(II) to improve the coordination 
                                of information collection efforts with 
                                other Federal agencies;
                            ``(iv) continually improve surveys and data 
                        collection methods of the Department to improve 
                        the accuracy and utility of transportation 
                        statistics;
                            ``(v) encourage the standardization of 
                        data, data collection methods, and data 
                        management and storage technologies for data 
                        collected by--
                                    ``(I) the Bureau;
                                    ``(II) the operating 
                                administrations of the Department;
                                    ``(III) State and local 
                                governments;
                                    ``(IV) metropolitan planning 
                                organizations; and
                                    ``(V) private sector entities;
                            ``(vi) collect, compile, analyze, and 
                        publish a comprehensive set of transportation 
                        statistics on the performance and impacts of 
                        the national transportation system, including 
                        statistics on--
                                    ``(I) transportation safety across 
                                all modes and intermodally;
                                    ``(II) the state of good repair of 
                                United States transportation 
                                infrastructure;
                                    ``(III) the extent, connectivity, 
                                and condition of the transportation 
                                system, building on the national 
                                transportation atlas database developed 
                                under section 6310;
                                    ``(IV) economic efficiency across 
                                the entire transportation sector;
                                    ``(V) the effects of the 
                                transportation system on global and 
                                domestic economic competitiveness;
                                    ``(VI) demographic, economic, and 
                                other variables influencing travel 
                                behavior, including choice of 
                                transportation mode and goods movement;
                                    ``(VII) transportation-related 
                                variables that influence the domestic 
                                economy and global competitiveness;
                                    ``(VIII) economic costs and impacts 
                                for passenger travel and freight 
                                movement;
                                    ``(IX) intermodal and multimodal 
                                passenger movement;
                                    ``(X) intermodal and multimodal 
                                freight movement; and
                                    ``(XI) consequences of 
                                transportation for the human and 
                                natural environment;
                            ``(vii) build and disseminate the 
                        transportation layer of the National Spatial 
                        Data Infrastructure developed under Executive 
                        Order 12906 (59 Fed. Reg. 17671) (or a 
                        successor Executive Order), including by 
                        coordinating the development of transportation 
                        geospatial data standards, compiling intermodal 
                        geospatial data, and collecting geospatial data 
                        that is not being collected by other entities;
                            ``(viii) issue guidelines for the 
                        collection of information by the Department 
                        that the Director determines necessary to 
                        develop transportation statistics and carry out 
                        modeling, economic assessment, and program 
                        assessment activities to ensure that such 
                        information is accurate, reliable, relevant, 
                        uniform, and in a form that permits systematic 
                        analysis by the Department;
                            ``(ix) review and report to the Secretary 
                        on the sources and reliability of--
                                    ``(I) the statistics proposed by 
                                the heads of the operating 
                                administrations of the Department to 
                                measure outputs and outcomes as 
                                required by the Government Performance 
                                and Results Act of 1993 (Public Law 
                                103-62;107 Stat. 285); and
                                    ``(II) at the request of the 
                                Secretary, any other data collected or 
                                statistical information published by 
                                the heads of the operating 
                                administrations of the Department; and
                            ``(x) ensure that the statistics published 
                        under this section are readily accessible to 
                        the public, consistent with applicable security 
                        constraints and confidentiality interests.
    ``(c) Access to Federal Data.--In carrying out subsection 
(b)(3)(B)(ii), the Director shall be given access to all safety data 
that the Director determines necessary to carry out that subsection 
that is held by the Department or any other Federal agency upon written 
request and subject to any statutory or regulatory restrictions.
``Sec. 6303. Intermodal transportation database
    ``(a) In General.--In consultation with the Under Secretary 
Transportation for Policy, the Assistant Secretaries of the Department, 
and the heads of the operating administrations of the Department, the 
Director shall establish and maintain a transportation database for all 
modes of transportation.
    ``(b) Use.--The database established under this section shall be 
suitable for analyses carried out by the Federal Government, the 
States, and metropolitan planning organizations.
    ``(c) Contents.--The database established under this section shall 
include--
            ``(1) information on the volumes and patterns of movement 
        of goods, including local, interregional, and international 
        movement, by all modes of transportation, intermodal 
        combinations, and relevant classification;
            ``(2) information on the volumes and patterns of movement 
        of people, including local, interregional, and international 
        movements, by all modes of transportation (including bicycle 
        and pedestrian modes), intermodal combinations, and relevant 
        classification;
            ``(3) information on the location and connectivity of 
        transportation facilities and services; and
            ``(4) a national accounting of expenditures and capital 
        stocks on each mode of transportation and intermodal 
        combination.
``Sec. 6304. National transportation library
    ``(a) Purpose and Establishment.--To support the information 
management and decisionmaking needs of transportation officials at the 
Federal, State, and local levels, there is established in the Bureau a 
National Transportation Library which shall--
            ``(1) be headed by an individual who is highly qualified in 
        library and information science;
            ``(2) acquire, preserve, and manage transportation 
        information and information products and services for use by 
        the Department, other Federal agencies, and the general public;
            ``(3) provide reference and research assistance;
            ``(4) serve as a central depository for research results 
        and technical publications of the Department;
            ``(5) provide a central clearinghouse for transportation 
        data and information of the Federal Government;
            ``(6) serve as coordinator and policy lead for 
        transportation information access;
            ``(7) provide transportation information and information 
        products and services to--
                    ``(A) the Department;
                    ``(B) other Federal agencies;
                    ``(C) public and private organizations; and
                    ``(D) individuals, within the United States and 
                internationally;
            ``(8) coordinate efforts among, and cooperate with, 
        transportation libraries, information providers, and technical 
        assistance centers, in conjunction with private industry and 
        other transportation library and information centers, with the 
        goal of developing a comprehensive transportation information 
        and knowledge network that supports the activities described in 
        section 6302(b)(3)(B)(vi); and
            ``(9) engage in such other activities as the Director 
        determines to be necessary and as the resources of the Library 
        permit.
    ``(b) Access.--The Director shall publicize, facilitate, and 
promote access to the information products and services described in 
subsection (a), to improve the ability of the transportation community 
to share information and the ability of the Director to make statistics 
and other information readily accessible as required under section 
6302(b)(3)(B)(x).
    ``(c) Agreements.--
            ``(1) In general.--To carry out this section, the Director 
        may enter into agreements with, award grants to, and receive 
        amounts from, any--
                    ``(A) State or local government;
                    ``(B) organization;
                    ``(C) business; or
                    ``(D) individual.
            ``(2) Contracts, grants, and agreements.--The Library may 
        initiate and support specific information and data management, 
        access, and exchange activities in connection with matters 
        relating to the Department's strategic goals, knowledge 
        networking, and national and international cooperation, by 
        entering into contracts or other agreements or awarding grants 
        for the conduct of such activities.
            ``(3) Amounts.--Any amounts received by the Library as 
        payment for library products and services or other activities 
        shall be made available to the Director to carry out this 
        section, deposited in the Research and Innovative Technology 
        Administration's general fund account, and remain available 
        until expended.
``Sec. 6305. Advisory council on transportation statistics
    ``(a) In General.--The Director shall establish and consult with an 
advisory council on transportation statistics.
    ``(b) Function.--The advisory council established under this 
section shall advise the Director on--
            ``(1) the quality, reliability, consistency, objectivity, 
        and relevance of transportation statistics and analyses 
        collected, supported, or disseminated by the Bureau and the 
        Department; and
            ``(2) methods to encourage cooperation and interoperability 
        of transportation data collected by the Bureau, the operating 
        administrations of the Department, States, local governments, 
        metropolitan planning organizations, and private sector 
        entities.
    ``(c) Membership.--
            ``(1) In general.--The advisory council shall be composed 
        of not fewer than 9 and not more than 11 members appointed by 
        the Director.
            ``(2) Selection.--In selecting members for the advisory 
        council, the Director shall appoint individuals who--
                    ``(A) are not officers or employees of the United 
                States;
                    ``(B) possess expertise in--
                            ``(i) transportation data collection, 
                        analysis, or application;
                            ``(ii) economics; or
                            ``(iii) transportation safety; and
                    ``(C) represent a cross section of transportation 
                stakeholders, to the greatest extent possible.
    ``(d) Terms of Appointment.--
            ``(1) In general.--Except as provided in paragraph (2), 
        members of the advisory council shall be appointed to staggered 
        terms not to exceed 3 years.
            ``(2) Additional terms.--A member may be renominated for 1 
        additional 3-year term.
            ``(3) Current members.--A member serving on an advisory 
        council on transportation statistics on the day before the date 
        of enactment of the Transportation Research and Innovative 
        Technology Act of 2012 shall serve until the end of the 
        appointed term of the member.
    ``(e) Applicability of Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall apply to the advisory 
council established under this section, except that section 14 of that 
Act shall not apply.
``Sec. 6306. Transportation statistical collection, analysis, and 
              dissemination
    ``To ensure that all transportation statistical collection, 
analysis, and dissemination is carried out in a coordinated manner, the 
Director may--
            ``(1) use the services, equipment, records, personnel, 
        information, and facilities of other Federal agencies, or 
        State, local, and private agencies and instrumentalities, 
        subject to the conditions that the applicable agency or 
        instrumentality consents to that use and with or without 
        reimbursement for such use;
            ``(2) enter into agreements with the agencies and 
        instrumentalities described in paragraph (1) for purposes of 
        data collection and analysis;
            ``(3) confer and cooperate with foreign governments, 
        international organizations, and State, municipal, and other 
        local agencies;
            ``(4) request such information, data, and reports from any 
        Federal agency as the Director determines necessary to carry 
        out this chapter;
            ``(5) encourage replication, coordination, and sharing of 
        information among transportation agencies regarding information 
        systems, information policy, and data; and
            ``(6) confer and cooperate with Federal statistical 
        agencies as the Director determines necessary to carry out this 
        chapter, including by entering into cooperative data sharing 
        agreements in conformity with all laws and regulations 
        applicable to the disclosure and use of data.
``Sec. 6307. Furnishing of information, data, or reports by Federal 
              agencies
    ``(a) In General.--Except as provided in subsection (b), a Federal 
agency requested to furnish information, data, or reports by the 
Director under section 6302(b)(3)(B) shall provide the information to 
the Director.
    ``(b) Prohibition on Certain Disclosures.--
            ``(1) In general.--An officer, employee, or contractor of 
        the Bureau may not--
                    ``(A) make any disclosure in which the data 
                provided by an individual or organization under section 
                6302(b)(3)(B) can be identified;
                    ``(B) use the information provided under section 
                6302(b)(3)(B) for a nonstatistical purpose; or
                    ``(C) permit anyone other than an individual 
                authorized by the Director to examine any individual 
                report provided under section 6302(b)(3)(B).
            ``(2) Copies of reports.--
                    ``(A) In general.--No department, bureau, agency, 
                officer, or employee of the United States (except the 
                Director in carrying out this chapter) may require, for 
                any reason, a copy of any report that has been filed 
                under section 6302(b)(3)(B) with the Bureau or retained 
                by an individual respondent.
                    ``(B) Limitation on judicial proceedings.--A copy 
                of a report described in subparagraph (A) that has been 
                retained by an individual respondent or filed with the 
                Bureau or any of the employees, contractors, or agents 
                of the Bureau--
                            ``(i) shall be immune from legal process; 
                        and
                            ``(ii) shall not, without the consent of 
                        the individual concerned, be admitted as 
                        evidence or used for any purpose in any action, 
                        suit, or other judicial or administrative 
                        proceedings.
                    ``(C) Applicability.--This paragraph shall apply 
                only to reports that permit information concerning an 
                individual or organization to be reasonably determined 
                by direct or indirect means.
            ``(3) Informing respondent of use of data.--If the Bureau 
        is authorized by statute to collect data or information for a 
        nonstatistical purpose, the Director shall clearly distinguish 
        the collection of the data or information, by rule and on the 
        collection instrument, in a manner that informs the respondent 
        who is requested or required to supply the data or information 
        of the nonstatistical purpose.
    ``(c) Transportation and Transportation-related Data Access.--The 
Director shall be provided access to any transportation and 
transportation-related information in the possession of any Federal 
agency, except--
            ``(1) information that is expressly prohibited by law from 
        being disclosed to another Federal agency; or
            ``(2) information that the agency possessing the 
        information determines could not be disclosed without 
        significantly impairing the discharge of authorities and 
        responsibilities which have been delegated to, or vested by 
        law, in such agency.
``Sec. 6308. Proceeds of data product sales
    ``Notwithstanding section 3302 of title 31, amounts received by the 
Bureau from the sale of data products for necessary expenses incurred 
may be credited to the Highway Trust Fund (other than the Mass Transit 
Account) for the purpose of reimbursing the Bureau for those expenses.
``Sec. 6309. Information collection
    ``As the head of an independent Federal statistical agency, the 
Director may consult directly with the Office of Management and Budget 
concerning any survey, questionnaire, or interview that the Director 
considers necessary to carry out the statistical responsibilities of 
this chapter.
``Sec. 6310. National transportation atlas database
    ``(a) In General.--The Director shall develop and maintain a 
national transportation atlas database that is comprised of geospatial 
databases that depict--
            ``(1) transportation networks;
            ``(2) flows of people, goods, vehicles, and craft over the 
        transportation networks; and
            ``(3) social, economic, and environmental conditions that 
        affect or are affected by the transportation networks.
    ``(b) Intermodal Network Analysis.--The databases referred to in 
subsection (a) shall be capable of supporting intermodal network 
analysis.
``Sec. 6311. Limitations on statutory construction
    ``Nothing in this chapter--
            ``(1) authorizes the Bureau to require any other Federal 
        agency to collect data; or
            ``(2) alters or diminishes the authority of any other 
        officer of the Department to collect and disseminate data 
        independently.
``Sec. 6312. Research and development grants
    ``The Secretary may make grants to, or enter into cooperative 
agreements or contracts with, public and nonprofit private entities 
(including State transportation departments, metropolitan planning 
organizations, and institutions of higher education) for--
            ``(1) investigation of the subjects described in section 
        6302(b)(3)(B)(vi);
            ``(2) research and development of new methods of data 
        collection, standardization, management, integration, 
        dissemination, interpretation, and analysis;
            ``(3) demonstration programs by States, local governments, 
        and metropolitan planning organizations to coordinate data 
        collection, reporting, management, storage, and archiving to 
        simplify data comparisons across jurisdictions;
            ``(4) development of electronic clearinghouses of 
        transportation data and related information, as part of the 
        Library; and
            ``(5) development and improvement of methods for sharing 
        geographic data, in support of the database under section 6310 
        and the National Spatial Data Infrastructure developed under 
        Executive Order 12906 (59 Fed. Reg. 17671) (or a successor 
        Executive Order).
``Sec. 6313. Transportation statistics annual report
    ``The Director shall submit to the President and Congress a 
transportation statistics annual report, which shall include--
            ``(1) information on the progress of the Director in 
        carrying out the duties described in section 6302(b)(3)(B);
            ``(2) documentation of the methods used to obtain and 
        ensure the quality of the statistics presented in the report; 
        and
            ``(3) any recommendations of the Director for improving 
        transportation statistical information.
``Sec. 6314. Mandatory response authority for freight data collection
    ``(a) Freight Data Collection.--
            ``(1) In general.--An owner, official, agent, person in 
        charge, or assistant to the person in charge of a freight 
        corporation, company, business, institution, establishment, or 
        organization described in paragraph (2) shall be fined in 
        accordance with subsection (b) if that individual neglects or 
        refuses, when requested by the Director or other authorized 
        officer, employee, or contractor of the Bureau to submit data 
        under section 6302(b)(3)(B)--
                    ``(A) to answer completely and correctly to the 
                best knowledge of that individual all questions 
                relating to the corporation, company, business, 
                institution, establishment, or other organization; or
                    ``(B) to make available records or statistics in 
                the official custody of the individual.
            ``(2) Description of entities.--A freight corporation, 
        company, business, institution, establishment, or organization 
        referred to in paragraph (1) is a corporation, company, 
        business, institution, establishment, or organization that--
                    ``(A) receives Federal funds relating to the 
                freight program; and
                    ``(B) has consented to be subject to a fine under 
                this subsection on--
                            ``(i) refusal to supply any data requested; 
                        or
                            ``(ii) failure to respond to a written 
                        request.
    ``(b) Fines.--
            ``(1) In general.--Subject to paragraph (2), an individual 
        described in subsection (a) shall be fined not more than $500.
            ``(2) Willful actions.--If an individual willfully gives a 
        false answer to a question described in subsection (a)(1), the 
        individual shall be fined not more than $10,000.''.
    (b) Rules of Construction.--If the provisions of section 111 of 
title 49, United States Code, are transferred to chapter 63 of that 
title, the following rules of construction apply:
            (1) For purposes of determining whether 1 provision of law 
        supersedes another based on enactment later in time, a chapter 
        63 provision is deemed to have been enacted on the date of 
        enactment of the corresponding section 111 provision.
            (2) A reference to a section 111 provision, including a 
        reference in a regulation, order, or other law, is deemed to 
        refer to the corresponding chapter 63 provision.
            (3) A regulation, order, or other administrative action in 
        effect under a section 111 provision continues in effect under 
        the corresponding chapter 63 provision.
            (4) An action taken or an offense committed under a section 
        111 provision is deemed to have been taken or committed under 
        the corresponding chapter 63 provision.
    (c) Conforming Amendments.--
            (1) Repeal.--Section 111 of title 49, United States Code, 
        is repealed, and the item relating to section 111 in the 
        analysis for chapter 1 of that title is deleted.
            (2) Analysis for subtitle iii.--The analysis for subtitle 
        III of title 49, United States Code, is amended by inserting 
        after the items for chapter 61 the following:

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

SEC. 52012. ADMINISTRATIVE AUTHORITY.

    Section 112 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Promotional Authority.--Amounts authorized to be appropriated 
for the administration and operation of the Research and Innovative 
Technology Administration may be used to purchase promotional items of 
nominal value for use by the Administrator of the Research and 
Innovative Technology Administration in the recruitment of individuals 
and promotion of the programs of the Administration.
    ``(g) Program Evaluation and Oversight.--For each of fiscal years 
2012 and 2013, the Administrator is authorized to expend not more than 
1 \1/2\ percent of the amounts authorized to be appropriated for 
necessary expenses for administration and operations of the Research 
and Innovative Technology Administration for the coordination, 
evaluation, and oversight of the programs administered by the 
Administration.
    ``(h) Collaborative Research and Development.--
            ``(1) In general.--To encourage innovative solutions to 
        multimodal transportation problems and stimulate the deployment 
        of new technology, the Administrator may carry out, on a cost-
        shared basis, collaborative research and development with--
                    ``(A) non-Federal entities, including State and 
                local governments, foreign governments, institutions of 
                higher education, corporations, institutions, 
                partnerships, sole proprietorships, and trade 
                associations that are incorporated or established under 
                the laws of any State;
                    ``(B) Federal laboratories; and
                    ``(C) other Federal agencies.
            ``(2) Cooperation, grants, contracts, and agreements.--
        Notwithstanding any other provision of law, the Administrator 
        may directly initiate contracts, grants, cooperative research 
        and development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a)), and other agreements to fund, and accept funds from, 
        the Transportation Research Board of the National Research 
        Council of the National Academy of Sciences, State departments 
        of transportation, cities, counties, institutions of higher 
        education, associations, and the agents of those entities to 
        carry out joint transportation research and technology efforts.
            ``(3) Federal share.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Federal share of the cost of an activity carried out 
                under paragraph (2) shall not exceed 50 percent.
                    ``(B) Exception.--If the Secretary determines that 
                the activity is of substantial public interest or 
                benefit, the Secretary may approve a greater Federal 
                share.
                    ``(C) Non-federal share.--All costs directly 
                incurred by the non-Federal partners, including 
                personnel, travel, facility, and hardware development 
                costs, shall be credited toward the non-Federal share 
                of the cost of an activity described in subparagraph 
                (A).
            ``(4) Use of technology.--The research, development, or use 
        of a technology under a contract, grant, cooperative research 
        and development agreement, or other agreement entered into 
        under this subsection, including the terms under which the 
        technology may be licensed and the resulting royalties may be 
        distributed, shall be subject to the Stevenson-Wydler 
        Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
            ``(5) Waiver of advertising requirements.--Section 6101 of 
        title 41, United States Code shall not apply to a contract, 
        grant, or other agreement entered into under this section.''.

SEC. 52013. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

    Section 508(a) of title 23, United States Code, is amended--
            (1) in paragraph (1), by striking ``SAFETEA-LU'' and 
        inserting ``Transportation Research and Innovative Technology 
        Act of 2012''; and
            (2) in paragraph (2), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) describe the primary purposes of the 
                transportation research and development program, which 
                shall include, at a minimum--
                            ``(i) promoting safety;
                            ``(ii) reducing congestion and improving 
                        mobility;
                            ``(iii) protecting and enhancing the 
                        environment;
                            ``(iv) preserving the existing 
                        transportation system;
                            ``(v) improving the durability and 
                        extending the life of transportation 
                        infrastructure; and
                            ``(vi) improving goods movement;''.

         TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH

SEC. 53001. USE OF FUNDS FOR ITS ACTIVITIES.

    Section 513 of title 23, United States Code, is amended to read as 
follows:
``Sec. 513. Use of funds for ITS activities
    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Eligible entity.--The term `eligible entity' means a 
        State or local government, tribal government, transit agency, 
        public toll authority, metropolitan planning organization, 
        other political subdivision of a State or local government, or 
        a multistate or multijurisdictional group applying through a 
        single lead applicant.
            ``(2) Multijurisdictional group.--The term 
        `multijurisdictional group' means a combination of State 
        governments, local governments, metropolitan planning agencies, 
        transit agencies, or other political subdivisions of a State 
        that--
                    ``(A) have signed a written agreement to implement 
                an activity that meets the grant criteria under this 
                section; and
                    ``(B) is comprised of at least 2 members, each of 
                whom is an eligible entity.
    ``(b) Purpose.--The purpose of this section is to develop, 
administer, communicate, and promote the use of products of research, 
technology, and technology transfer programs.
    ``(c) ITS Deployment Incentives.--
            ``(1) In general.--The Secretary may--
                    ``(A) develop and implement incentives to 
                accelerate the deployment of ITS technologies and 
                services within all funding programs authorized by the 
                Transportation Research and Innovative Technology Act 
                of 2012; and
                    ``(B) for each fiscal year, use amounts made 
                available to the Secretary to carry out intelligent 
                transportation systems outreach, including through the 
                use of websites, public relations, displays, tours, and 
                brochures.
            ``(2) Comprehensive plan.--To carry out this section, the 
        Secretary shall develop a detailed and comprehensive plan that 
        addresses the manner in which incentives may be adopted, as 
        appropriate, through the existing deployment activities carried 
        out by surface transportation modal administrations.
    ``(d) System Operations and ITS Deployment Grant Program.--
            ``(1) Establishment.--The Secretary shall establish a 
        competitive grant program to accelerate the deployment, 
        operation, systems management, intermodal integration, and 
        interoperability of the ITS program and ITS-enabled operational 
        strategies--
                    ``(A) to measure and improve the performance of the 
                surface transportation system;
                    ``(B) to reduce traffic congestion and the economic 
                and environmental impacts of traffic congestion;
                    ``(C) to minimize fatalities and injuries;
                    ``(D) to enhance mobility of people and goods;
                    ``(E) to improve traveler information and services; 
                and
                    ``(F) to optimize existing roadway capacity.
            ``(2) Application.--To be considered for a grant under this 
        subsection, an eligible entity shall submit an application to 
        the Secretary that includes--
                    ``(A) a plan to deploy and provide for the long-
                term operation and maintenance of intelligent 
                transportation systems to improve safety, efficiency, 
                system performance, and return on investment, such as--
                            ``(i) real-time integrated traffic, 
                        transit, and multimodal transportation 
                        information;
                            ``(ii) advanced traffic, freight, parking, 
                        and incident management systems;
                            ``(iii) advanced technologies to improve 
                        transit and commercial vehicle operations;
                            ``(iv) synchronized, adaptive, and transit 
                        preferential traffic signals;
                            ``(v) advanced infrastructure condition 
                        assessment technologies; and
                            ``(vi) other technologies to improve system 
                        operations, including ITS applications 
                        necessary for multimodal systems integration 
                        and for achieving performance goals;
                    ``(B) quantifiable system performance improvements, 
                including--
                            ``(i) reductions in traffic-related 
                        crashes, congestion, and costs;
                            ``(ii) optimization of system efficiency; 
                        and
                            ``(iii) improvement of access to 
                        transportation services;
                    ``(C) quantifiable safety, mobility, and 
                environmental benefit projections, including data 
                driven estimates of the manner in which the project 
                will improve the transportation system efficiency and 
                reduce traffic congestion in the region;
                    ``(D) a plan for partnering with the private 
                sector, including telecommunications industries and 
                public service utilities, public agencies (including 
                multimodal and multijurisdictional entities), research 
                institutions, organizations representing transportation 
                and technology leaders, and other transportation 
                stakeholders;
                    ``(E) a plan to leverage and optimize existing 
                local and regional ITS investments; and
                    ``(F) a plan to ensure interoperability of deployed 
                technologies with other tolling, traffic management, 
                and intelligent transportation systems.
            ``(3) Selection.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Transportation Research and 
                Innovative Technology Act of 2012, the Secretary may 
                provide grants to eligible entities under this section.
                    ``(B) Geographic diversity.--In awarding a grant 
                under this section, the Secretary shall ensure, to the 
                maximum extent practicable, that grant recipients 
                represent diverse geographical areas of the United 
                States, including urban, suburban, and rural areas.
                    ``(C) Non-federal share.--In awarding a grant under 
                the section, the Secretary shall give priority to grant 
                recipients that demonstrate an ability to contribute a 
                significant non-Federal share to the cost of carrying 
                out the project for which the grant is received.
            ``(4) Eligible uses.--Projects for which grants awarded 
        under this section may be used include--
                    ``(A) the establishment and implementation of ITS 
                and ITS-enabled operations strategies that improve 
                performance in the areas of--
                            ``(i) traffic operations;
                            ``(ii) emergency response to surface 
                        transportation incidents;
                            ``(iii) incident management;
                            ``(iv) transit and commercial vehicle 
                        operations improvements;
                            ``(v) weather event response management by 
                        State and local authorities;
                            ``(vi) surface transportation network and 
                        facility management;
                            ``(vii) construction and work zone 
                        management;
                            ``(viii) traffic flow information;
                            ``(ix) freight management; and
                            ``(x) congestion management;
                    ``(B) carrying out activities that support the 
                creation of networks that link metropolitan and rural 
                surface transportation systems into an integrated data 
                network, capable of collecting, sharing, and archiving 
                transportation system traffic condition and performance 
                information;
                    ``(C) the implementation of intelligent 
                transportation systems and technologies that improve 
                highway safety through information and communications 
                systems linking vehicles, infrastructure, mobile 
                devices, transportation users, and emergency 
                responders;
                    ``(D) the provision of services necessary to ensure 
                the efficient operation and management of ITS 
                infrastructure, including costs associated with 
                communications, utilities, rent, hardware, software, 
                labor, administrative costs, training, and technical 
                services;
                    ``(E) the provision of support for the 
                establishment and maintenance of institutional 
                relationships between transportation agencies, police, 
                emergency medical services, private emergency 
                operators, freight operators, shippers, public service 
                utilities, and telecommunications providers;
                    ``(F) carrying out multimodal and 
                crossjurisdictional planning and deployment of regional 
                transportation systems operations and management 
                approaches; and
                    ``(G) performing project evaluations to determine 
                the costs, benefits, lessons learned, and future 
                deployment strategies associated with the deployment of 
                intelligent transportation systems.
            ``(5) Report to secretary.--For each fiscal year that an 
        eligible entity receives a grant under this section, not later 
        than 1 year after receiving that grant, each recipient shall 
        submit a report to the Secretary that describes how the project 
        has met the expectations projected in the deployment plan 
        submitted with the application, including--
                    ``(A) data on how the program has helped reduce 
                traffic crashes, congestion, costs, and other benefits 
                of the deployed systems;
                    ``(B) data on the effect of measuring and improving 
                transportation system performance through the 
                deployment of advanced technologies;
                    ``(C) the effectiveness of providing real-time 
                integrated traffic, transit, and multimodal 
                transportation information to the public that allows 
                the public to make informed travel decisions; and
                    ``(D) lessons learned and recommendations for 
                future deployment strategies to optimize transportation 
                efficiency and multimodal system performance.
            ``(6) Report to congress.--Not later than 2 years after 
        date on which the first grant is awarded under this section and 
        annually thereafter for each fiscal year for which grants are 
        awarded under this section, the Secretary shall submit to 
        Congress a report that describes the effectiveness of the grant 
        recipients in meeting the projected deployment plan goals, 
        including data on how the grant program has--
                    ``(A) reduced traffic-related fatalities and 
                injuries;
                    ``(B) reduced traffic congestion and improved 
                travel time reliability;
                    ``(C) reduced transportation-related emissions;
                    ``(D) optimized multimodal system performance;
                    ``(E) improved access to transportation 
                alternatives;
                    ``(F) provided the public with access to real-time 
                integrated traffic, transit, and multimodal 
                transportation information to make informed travel 
                decisions;
                    ``(G) provided cost savings to transportation 
                agencies, businesses, and the traveling public; and
                    ``(H) provided other benefits to transportation 
                users and the general public.
            ``(7) Additional grants.--If the Secretary determines, 
        based on a report submitted under paragraph (5), that a grant 
        recipient is not complying with the established grant criteria, 
        the Secretary may--
                    ``(A) cease payment to the recipient of any 
                remaining grant amounts; and
                    ``(B) redistribute any remaining amounts to other 
                eligible entities under this section.
            ``(8) Non-federal share.--The Federal share of a grant 
        under this section shall not exceed 50 percent of the cost of 
        the project.
            ``(9) Grant limitation.--The Secretary may not award more 
        than 10 percent of the amounts provided under this section to a 
        single grant recipient in any fiscal year.
            ``(10) Multiyear grants.--Subject to availability of 
        amounts, the Secretary may provide an eligible entity with 
        grant amounts for a period of multiple fiscal years.
            ``(11) Funding.--Of the funds authorized to be appropriated 
        to carry out the intelligent transportation system program 
        under sections 512 through 518, not less than 50 percent of 
        such funds shall be used to carry out this subsection.''.

SEC. 53002. GOALS AND PURPOSES.

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

``514. Goals and purposes.''.

SEC. 53003. GENERAL AUTHORITIES AND REQUIREMENTS.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 514 (as added by section 53002) the 
following:
``Sec. 515. General authorities and requirements
    ``(a) Scope.--Subject to the provisions of this chapter, the 
Secretary shall conduct an ongoing intelligent transportation system 
program--
            ``(1) to research, develop, and operationally test 
        intelligent transportation systems; and
            ``(2) to provide technical assistance in the nationwide 
        application of those systems as a component of the surface 
        transportation systems of the United States.
    ``(b) Policy.--Intelligent transportation system research projects 
and operational tests funded pursuant to this chapter shall encourage 
and not displace public-private partnerships or private sector 
investment in those tests and projects.
    ``(c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent transportation 
system program in cooperation with State and local governments and 
other public entities, the private sector firms of the United States, 
the Federal laboratories, and institutions of higher education, 
including historically Black colleges and universities and other 
minority institutions of higher education.
    ``(d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall consult 
with the heads of other Federal agencies, as appropriate.
    ``(e) Technical Assistance, Training, and Information.--The 
Secretary may provide technical assistance, training, and information 
to State and local governments seeking to implement, operate, maintain, 
or evaluate intelligent transportation system technologies and 
services.
    ``(f) Transportation Planning.--The Secretary may provide funding 
to support adequate consideration of transportation systems management 
and operations, including intelligent transportation systems, within 
metropolitan and statewide transportation planning processes.
    ``(g) Information Clearinghouse.--
            ``(1) In general.--The Secretary shall--
                    ``(A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under this chapter; and
                    ``(B) make, on request, that information (except 
                for proprietary information and data) readily available 
                to all users of the repository at an appropriate cost.
            ``(2) Agreement.--
                    ``(A) In general.--The Secretary may enter into an 
                agreement with a third party for the maintenance of the 
                repository for technical and safety data under 
                paragraph (1)(A).
                    ``(B) Federal financial assistance.--If the 
                Secretary enters into an agreement with an entity for 
                the maintenance of the repository, the entity shall be 
                eligible for Federal financial assistance under this 
                section.
            ``(3) Availability of information.--Information in the 
        repository shall not be subject to sections 552 and 555 of 
        title 5, United States Code.
    ``(h) Advisory Committee.--
            ``(1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying out this 
        chapter.
            ``(2) Membership.--The Advisory Committee shall have no 
        more than 20 members, be balanced between metropolitan and 
        rural interests, and include, at a minimum--
                    ``(A) a representative from a State highway 
                department;
                    ``(B) a representative from a local highway 
                department who is not from a metropolitan planning 
                organization;
                    ``(C) a representative from a State, local, or 
                regional transit agency;
                    ``(D) a representative from a metropolitan planning 
                organization;
                    ``(E) a private sector user of intelligent 
                transportation system technologies;
                    ``(F) an academic researcher with expertise in 
                computer science or another information science field 
                related to intelligent transportation systems, and who 
                is not an expert on transportation issues;
                    ``(G) an academic researcher who is a civil 
                engineer;
                    ``(H) an academic researcher who is a social 
                scientist with expertise in transportation issues;
                    ``(I) a representative from a nonprofit group 
                representing the intelligent transportation system 
                industry;
                    ``(J) a representative from a public interest group 
                concerned with safety;
                    ``(K) a representative from a public interest group 
                concerned with the impact of the transportation system 
                on land use and residential patterns; and
                    ``(L) members with expertise in planning, safety, 
                telecommunications, utilities, and operations.
            ``(3) Duties.--The Advisory Committee shall, at a minimum, 
        perform the following duties:
                    ``(A) Provide input into the development of the 
                intelligent transportation system aspects of the 
                strategic plan under section 508.
                    ``(B) Review, at least annually, areas of 
                intelligent transportation systems research being 
                considered for funding by the Department, to 
                determine--
                            ``(i) whether these activities are likely 
                        to advance either the state-of-the-practice or 
                        state-of-the-art in intelligent transportation 
                        systems;
                            ``(ii) whether the intelligent 
                        transportation system technologies are likely 
                        to be deployed by users, and if not, to 
                        determine the barriers to deployment; and
                            ``(iii) the appropriate roles for 
                        government and the private sector in investing 
                        in the research and technologies being 
                        considered.
            ``(4) Report.--Not later than February 1 of each year after 
        the date of enactment of the Transportation Research and 
        Innovative Technology Act of 2012, the Secretary shall submit 
        to Congress a report that includes--
                    ``(A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                    ``(B) an explanation of the manner in which the 
                Secretary has implemented those recommendations; and
                    ``(C) for recommendations not implemented, the 
                reasons for rejecting the recommendations.
            ``(5) Applicability of federal advisory committee act.--The 
        Advisory Committee shall be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
    ``(i) Reporting.--
            ``(1) Guidelines and requirements.--
                    ``(A) In general.--The Secretary shall issue 
                guidelines and requirements for the reporting and 
                evaluation of operational tests and deployment projects 
                carried out under this chapter.
                    ``(B) Objectivity and independence.--The guidelines 
                and requirements issued under subparagraph (A) shall 
                include provisions to ensure the objectivity and 
                independence of the reporting entity so as to avoid any 
                real or apparent conflict of interest or potential 
                influence on the outcome by parties to any such test or 
                deployment project or by any other formal evaluation 
                carried out under this chapter.
                    ``(C) Funding.--The guidelines and requirements 
                issued under subparagraph (A) shall establish reporting 
                funding levels based on the size and scope of each test 
                or project that ensure adequate reporting of the 
                results of the test or project.
            ``(2) Special rule.--Any survey, questionnaire, or 
        interview that the Secretary considers necessary to carry out 
        the reporting of any test, deployment project, or program 
        assessment activity under this chapter shall not be subject to 
        chapter 35 of title 44, United States Code.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after the item relating to 
section 514 (as added by section 53002) the following:

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

SEC. 53004. RESEARCH AND DEVELOPMENT.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 515 (as added by section 53003) the 
following:
``Sec. 516. Research and development
    ``(a) In General.--The Secretary shall carry out a comprehensive 
program of intelligent transportation system research and development, 
and operational tests of intelligent vehicles, intelligent 
infrastructure systems, and other similar activities that are necessary 
to carry out this chapter.
    ``(b) Priority Areas.--Under the program, the Secretary shall give 
higher priority to funding projects that--
            ``(1) enhance mobility and productivity through improved 
        traffic management, incident management, transit management, 
        freight management, road weather management, toll collection, 
        traveler information, or highway operations systems and remote 
        sensing products;
            ``(2) use interdisciplinary approaches to develop traffic 
        management strategies and tools to address multiple impacts of 
        congestion concurrently;
            ``(3) address traffic management, incident management, 
        transit management, toll collection traveler information, or 
        highway operations systems;
            ``(4) incorporate research on the impact of environmental, 
        weather, and natural conditions on intelligent transportation 
        systems, including the effects of cold climates;
            ``(5) enhance intermodal use of intelligent transportation 
        systems for diverse groups, including for emergency and health-
        related services;
            ``(6) enhance safety through improved crash avoidance and 
        protection, crash and other notification, commercial motor 
        vehicle operations, and infrastructure-based or cooperative 
        safety systems; or
            ``(7) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies.
    ``(c) Federal Share.--The Federal share payable on account of any 
project or activity carried out under subsection (a) shall not exceed 
80 percent.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after the item relating to 
section 515 (as added by section 53004) the following:

``516. Research and development.''.

SEC. 53005. NATIONAL ARCHITECTURE AND STANDARDS.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 516 (as added by section 53004) the 
following:
``Sec. 517. National architecture and standards
    ``(a) In General.--
            ``(1) Development, implementation, and maintenance.--In 
        accordance with section 12(d) of the National Technology 
        Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110 
        Stat. 783; 115 Stat. 1241), the Secretary shall develop and 
        maintain a national ITS architecture and supporting ITS 
        standards and protocols to promote the use of systems 
        engineering methods in the widespread deployment and evaluation 
        of intelligent transportation systems as a component of the 
        surface transportation systems of the United States.
            ``(2) Interoperability and efficiency.--To the maximum 
        extent practicable, the national ITS architecture and 
        supporting ITS standards and protocols shall promote 
        interoperability among, and efficiency of, intelligent 
        transportation systems and technologies implemented throughout 
        the United States.
            ``(3) Use of standards development organizations.--In 
        carrying out this section, the Secretary shall support the 
        development and maintenance of standards and protocols using 
        the services of such standards development organizations as the 
        Secretary determines to be necessary and whose memberships are 
        comprised of, and represent, the surface transportation and 
        intelligent transportation systems industries.
    ``(b) Standards for National Policy Implementation.--If the 
Secretary finds that a standard is necessary for implementation of a 
nationwide policy relating to user fee collection or other capability 
requiring nationwide uniformity, the Secretary, after consultation with 
stakeholders, may establish and require the use of that standard.
    ``(c) Provisional Standards.--
            ``(1) In general.--If the Secretary finds that the 
        development or balloting of an intelligent transportation 
        system standard jeopardizes the timely achievement of the 
        objectives described in subsection (a), the Secretary may 
        establish a provisional standard, after consultation with 
        affected parties, using, to the maximum extent practicable, the 
        work product of appropriate standards development 
        organizations.
            ``(2) Period of effectiveness.--A provisional standard 
        established under paragraph (1) shall be published in the 
        Federal Register and remain in effect until the appropriate 
        standards development organization adopts and publishes a 
        standard.
    ``(d) Conformity With National Architecture.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall ensure that intelligent transportation system 
        projects carried out using amounts made available from the 
        Highway Trust Fund, including amounts made available to deploy 
        intelligent transportation systems, conform to the appropriate 
        regional ITS architecture, applicable standards, and protocols 
        developed under subsection (a) or (c).
            ``(2) Discretion of the secretary.--The Secretary, at the 
        discretion of the Secretary, may offer an exemption from 
        paragraph (1) for projects designed to achieve specific 
        research objectives outlined in the national intelligent 
        transportation system program plan or the surface 
        transportation research and development strategic plan 
        developed under section 508.''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after the item relating to 
section 516 (as added by section 53004) the following:

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

SEC. 53006. VEHICLE-TO-VEHICLE AND VEHICLE-TO-INFRASTRUCTURE 
              COMMUNICATIONS SYSTEMS DEPLOYMENT.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding after section 517 (as added by section 53005) the 
following:
``Sec. 518. Vehicle-to-vehicle and vehicle-to-infrastructure 
              communications systems deployment
    ``(a) In General.--Not later than 3 years after the date of 
enactment of this section, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate, the 
Committee on Environment and Public Works of the Senate, the Committee 
on Transportation and Infrastructure of the House of Representatives, 
and the Committee on Energy and Commerce of the House of 
Representatives that--
            ``(1) defines a recommended implementation path for 
        dedicated short-range communications technology and 
        applications;
            ``(2) includes guidance on the relationship of the proposed 
        deployment of dedicated short-range communications to the 
        National ITS Architecture and ITS Standards; and
            ``(3) ensures competition by not preferencing the use of 
        any particular frequency for vehicle to infrastructure 
        operations.
    ``(b) Report Review.--The Secretary shall enter into agreements 
with the National Research Council and an independent third party with 
subject matter expertise for the review of the report described in 
subsection (a).''.
    (b) Conforming Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding after section 517 (as added by 
section 53005) the following:

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

                       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.

    (a) Amendments.--The Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7101 et seq.) is amended--
            (1) in section 3(11)--
                    (A) in subparagraph (A), by striking ``and'' after 
                the semicolon at the end;
                    (B) in subparagraph (B)--
                            (i) by striking ``fiscal year 2009 and each 
                        fiscal year thereafter'' and inserting ``each 
                        of fiscal years 2009 through 2011''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) for fiscal year 2012 and each fiscal year 
                thereafter, the amount that is equal to 95 percent of 
                the full funding amount for the preceding fiscal 
                year.'';
            (2) in sections 101, 102, 203, 207, 208, 304, and 402, by 
        striking ``2011'' each place it appears and inserting ``2012'';
            (3) in section 102--
                    (A) by striking ``2008'' each place it appears and 
                inserting ``2012'';
                    (B) in subsection (b)(2)(B), by inserting ``in 
                2012'' before ``, the election''; and
                    (C) in subsection (d)--
                            (i) in paragraph (1)(A), by striking 
                        ``paragraph (3)(B)'' and inserting 
                        ``subparagraph (D)''; and
                            (ii) in paragraph (3)--
                                    (I) by striking subparagraph (A) 
                                and inserting the following:
                    ``(A) Notification.--The Governor of each eligible 
                State shall notify the Secretary concerned of an 
                election by an eligible county under this subsection 
                not later than September 30, 2012, and each September 
                30 thereafter for each succeeding fiscal year.'';
                                    (II) by redesignating subparagraph 
                                (B) as subparagraph (D) and moving the 
                                subparagraph so as to appear at the end 
                                of paragraph (1) of subsection (d); and
                                    (III) by inserting after 
                                subparagraph (A) the following:
                    ``(B) Failure to elect.--If the Governor of an 
                eligible State fails to notify the Secretary concerned 
                of the election for an eligible county by the date 
                specified in subparagraph (A)--
                            ``(i) the eligible county shall be 
                        considered to have elected to expend 80 percent 
                        of the funds in accordance with paragraph 
                        (1)(A); and
                            ``(ii) the remainder shall be available to 
                        the Secretary concerned to carry out projects 
                        in the eligible county to further the purpose 
                        described in section 202(b).'';
            (4) in section 103(d)(2), by striking ``fiscal year 2011'' 
        and inserting ``each of fiscal years 2011 and 2012'';
            (5) in section 202, by adding at the end the following:
    ``(c) Administrative Expenses.--A resource advisory committee may, 
in accordance with section 203, propose to use not more than 10 percent 
of the project funds of an eligible county for any fiscal year for 
administrative expenses associated with operating the resource advisory 
committee under this title.'';
            (6) in section 204(e)(3)(B)(iii), by striking ``and 2011'' 
        and inserting ``through 2012'';
            (7) in section 205(a)(4), by striking ``2006'' each place 
        it appears and inserting ``2011'';
            (8) in section 208(b), by striking ``2012'' and inserting 
        ``2013'';
            (9) in section 302(a)(2)(A), by inserting ``and'' after the 
        semicolon; and
            (10) in section 304(b), by striking ``2012'' and inserting 
        ``2013''.
    (b) Failure To Make Election.--For each county that failed to make 
an election for fiscal year 2011 in accordance with section 
102(d)(3)(A) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7112(d)(3)(A)), there shall be 
available to the Secretary of Agriculture to carry out projects to 
further the purpose described in section 202(b) of that Act (16 U.S.C. 
7122(b)), from amounts in the Treasury not otherwise appropriated, the 
amount that is equal to 15 percent of the total share of the State 
payment that otherwise would have been made to the county under that 
Act for fiscal year 2011.

              Subtitle B--Payment in Lieu of Taxes Program

SEC. 100111. PAYMENTS IN LIEU OF TAXES.

    Section 6906 of title 31, United States Code, is amended by 
striking ``2012'' and inserting ``2013''.

                          Subtitle C--Offsets

SEC. 100112. TAX REPORTING FOR LIFE SETTLEMENT TRANSACTIONS.

    (a) In General.--Subpart B of part III of subchapter A of chapter 
61 of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSURANCE CONTRACT 
              TRANSACTIONS.

    ``(a) Requirement of Reporting of Certain Payments.--
            ``(1) In general.--Every person who acquires a life 
        insurance contract or any interest in a life insurance contract 
        in a reportable policy sale during any taxable year shall make 
        a return for such taxable year (at such time and in such manner 
        as the Secretary shall prescribe) setting forth--
                    ``(A) the name, address, and TIN of such person,
                    ``(B) the name, address, and TIN of each recipient 
                of payment in the reportable policy sale,
                    ``(C) the date of such sale,
                    ``(D) the name of the issuer of the life insurance 
                contract sold and the policy number of such contract, 
                and
                    ``(E) the amount of each payment.
            ``(2) Statement to be furnished to persons with respect to 
        whom information is required.--Every person required to make a 
        return under this subsection shall furnish to each person whose 
        name is required to be set forth in such return a written 
        statement showing--
                    ``(A) the name, address, and phone number of the 
                information contact of the person required to make such 
                return, and
                    ``(B) the information required to be shown on such 
                return with respect to such person, except that in the 
                case of an issuer of a life insurance contract, such 
                statement is not required to include the information 
                specified in paragraph (1)(E).
    ``(b) Requirement of Reporting of Seller's Basis in Life Insurance 
Contracts.--
            ``(1) In general.--Upon receipt of the statement required 
        under subsection (a)(2) or upon notice of a transfer of a life 
        insurance contract to a foreign person, each issuer of a life 
        insurance contract shall make a return (at such time and in 
        such manner as the Secretary shall prescribe) setting forth--
                    ``(A) the name, address, and TIN of the seller who 
                transfers any interest in such contract in such sale,
                    ``(B) the investment in the contract (as defined in 
                section 72(e)(6)) with respect to such seller, and
                    ``(C) the policy number of such contract.
            ``(2) Statement to be furnished to persons with respect to 
        whom information is required.--Every person required to make a 
        return under this subsection shall furnish to each person whose 
        name is required to be set forth in such return a written 
        statement showing--
                    ``(A) the name, address, and phone number of the 
                information contact of the person required to make such 
                return, and
                    ``(B) the information required to be shown on such 
                return with respect to each seller whose name is 
                required to be set forth in such return.
    ``(c) Requirement of Reporting With Respect to Reportable Death 
Benefits.--
            ``(1) In general.--Every person who makes a payment of 
        reportable death benefits during any taxable year shall make a 
        return for such taxable year (at such time and in such manner 
        as the Secretary shall prescribe) setting forth--
                    ``(A) the name, address, and TIN of the person 
                making such payment,
                    ``(B) the name, address, and TIN of each recipient 
                of such payment,
                    ``(C) the date of each such payment, and
                    ``(D) the amount of each such payment.
            ``(2) Statement to be furnished to persons with respect to 
        whom information is required.--Every person required to make a 
        return under this subsection shall furnish to each person whose 
        name is required to be set forth in such return a written 
        statement showing--
                    ``(A) the name, address, and phone number of the 
                information contact of the person required to make such 
                return, and
                    ``(B) the information required to be shown on such 
                return with respect to each recipient of payment whose 
                name is required to be set forth in such return.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Payment.--The term `payment' means the amount of cash 
        and the fair market value of any consideration transferred in a 
        reportable policy sale.
            ``(2) Reportable policy sale.--The term `reportable policy 
        sale' has the meaning given such term in section 101(a)(3)(B).
            ``(3) Issuer.--The term `issuer' means any life insurance 
        company that bears the risk with respect to a life insurance 
        contract on the date any return or statement is required to be 
        made under this section.
            ``(4) Reportable death benefits.--The term `reportable 
        death benefits' means amounts paid by reason of the death of 
        the insured under a life insurance contract that has been 
        transferred in a reportable policy sale.''.
    (b) Clerical Amendment.--The table of sections for subpart B of 
part III of subchapter A of chapter 61 of the Internal Revenue Code of 
1986 is amended by inserting after the item relating to section 6050W 
the following new item:

``Sec. 6050X. Returns relating to certain life insurance contract 
                            transactions.''.
    (c) Conforming Amendments.--
            (1) Subsection (d) of section 6724 of the Internal Revenue 
        Code of 1986 is amended--
                    (A) by striking ``or'' at the end of clause (xxiv) 
                of paragraph (1)(B), by striking ``and'' at the end of 
                clause (xxv) of such paragraph and inserting ``or'', 
                and by inserting after such clause (xxv) the following 
                new clause:
                            ``(xxvi) section 6050X (relating to returns 
                        relating to certain life insurance contract 
                        transactions), and'', and
                    (B) by striking ``or'' at the end of subparagraph 
                (GG) of paragraph (2), by striking the period at the 
                end of subparagraph (HH) of such paragraph and 
                inserting ``, or'', and by inserting after such 
                subparagraph (HH) the following new subparagraph:
                    ``(II) subsection (a)(2), (b)(2), or (c)(2) of 
                section 6050X (relating to returns relating to certain 
                life insurance contract transactions).''.
            (2) Section 6047 of such Code is amended--
                    (A) by redesignating subsection (g) as subsection 
                (h),
                    (B) by inserting after subsection (f) the following 
                new subsection:
    ``(g) Information Relating to Life Insurance Contract 
Transactions.--This section shall not apply to any information which is 
required to be reported under section 6050X.'', and
                    (C) by adding at the end of subsection (h), as so 
                redesignated, the following new paragraph:
            ``(4) For provisions requiring reporting of information 
        relating to certain life insurance contract transactions, see 
        section 6050X.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to--
            (1) reportable policy sales after December 31, 2012, and
            (2) reportable death benefits paid after December 31, 2012.

SEC. 100113. CLARIFICATION OF TAX BASIS OF LIFE INSURANCE CONTRACTS.

    (a) Clarification With Respect to Adjustments.--Paragraph (1) of 
section 1016(a) of the Internal Revenue Code of 1986 is amended by 
striking subparagraph (A) and all that follows and inserting the 
following:
                    ``(A) for--
                            ``(i) taxes or other carrying charges 
                        described in section 266; or
                            ``(ii) expenditures described in section 
                        173 (relating to circulation expenditures),
                for which deductions have been taken by the taxpayer in 
                determining taxable income for the taxable year or 
                prior taxable years; or
                    ``(B) for mortality, expense, or other reasonable 
                charges incurred under an annuity or life insurance 
                contract;''.
    (b) Effective Date.--The amendment made by this section shall apply 
to transactions entered into after August 25, 2009.

SEC. 100114. EXCEPTION TO TRANSFER FOR VALUABLE CONSIDERATION RULES.

    (a) In General.--Subsection (a) of section 101 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
paragraph:
            ``(3) Exception to valuable consideration rules for 
        commercial transfers.--
                    ``(A) In general.--The second sentence of paragraph 
                (2) shall not apply in the case of a transfer of a life 
                insurance contract, or any interest therein, which is a 
                reportable policy sale.
                    ``(B) Reportable policy sale.--For purposes of this 
                paragraph, the term `reportable policy sale' means the 
                acquisition of an interest in a life insurance 
                contract, directly or indirectly, if the acquirer has 
                no substantial family, business, or financial 
                relationship with the insured apart from the acquirer's 
                interest in such life insurance contract. For purposes 
                of the preceding sentence, the term `indirectly' 
                applies to the acquisition of an interest in a 
                partnership, trust, or other entity that holds an 
                interest in the life insurance contract.''.
    (b) Conforming Amendment.--Paragraph (1) of section 101(a) of the 
Internal Revenue Code of 1986 is amended by striking ``paragraph (2)'' 
and inserting ``paragraphs (2) and (3)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to transfers after December 31, 2012.

SEC. 100115. PHASED RETIREMENT AUTHORITY.

    (a) CSRS.--Chapter 83 of title 5, United States Code, is amended--
            (1) in section 8331--
                    (A) in paragraph (30) by striking ``and'' at the 
                end;
                    (B) in paragraph (31) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(32) `Director' means the Director of the Office of 
        Personnel Management.'';
            (2) by inserting after section 8336 the following:
``Sec. 8336a. Phased retirement
    ``(a) For the purposes of this section--
            ``(1) the term `composite retirement annuity' means the 
        annuity computed when a phased retiree attains full retirement 
        status;
            ``(2) the term `full retirement status' means that a phased 
        retiree has ceased employment and is entitled, upon 
        application, to a composite retirement annuity;
            ``(3) the term `phased employment' means the less-than-
        full-time employment of a phased retiree;
            ``(4) the term `phased retiree' means a retirement-eligible 
        employee who--
                    ``(A) makes an election under subsection (b); and
                    ``(B) has not entered full retirement status;
            ``(5) the term `phased retirement annuity' means the 
        annuity payable under this section before full retirement;
            ``(6) the term `phased retirement percentage' means the 
        percentage which, when added to the working percentage for a 
        phased retiree, produces a sum of 100 percent;
            ``(7) the term `phased retirement period' means the period 
        beginning on the date on which an individual becomes entitled 
        to receive a phased retirement annuity and ending on the date 
        on which the individual dies or separates from phased 
        employment;
            ``(8) the term `phased retirement status' means that a 
        phased retiree is concurrently employed in phased employment 
        and eligible to receive a phased retirement annuity;
            ``(9) the term `retirement-eligible employee'--
                    ``(A) means an individual who, if the individual 
                separated from the service, would meet the requirements 
                for retirement under subsection (a) or (b) of section 
                8336; and
                    ``(B) does not include--
                            ``(i) an individual who, if the individual 
                        separated from the service, would meet the 
                        requirements for retirement under subsection 
                        (c), (e), (m), or (n) of section 8336; or
                            ``(ii) a law enforcement officer, 
                        firefighter, nuclear materials courier, air 
                        traffic controller, customs and border 
                        protection officer, or member of the Capitol 
                        Police or Supreme Court Police; and
            ``(10) the term `working percentage' means the percentage 
        of full-time employment equal the quotient obtained by 
        dividing--
                    ``(A) the number of hours per pay period to be 
                worked by a phased retiree as scheduled in accordance 
                with subsection (b)(2); by
                    ``(B) the number of hours per pay period to be 
                worked by an employee serving in a comparable position 
                on a full-time basis.
    ``(b)(1) With the concurrence of the head of the employing agency, 
and under regulations promulgated by the Director, a retirement-
eligible employee who has been employed on a full time basis for not 
less than the 3-year period ending on the date on which the retirement-
eligible employee makes an election under this subsection may elect to 
enter phased retirement status.
    ``(2)(A) Subject to subparagraph (B), at the time of entering 
phased retirement status, a phased retiree shall be appointed to a 
position for which the working percentage is 50 percent.
    ``(B) The Director may, by regulation, provide for working 
percentages different from the percentage specified under subparagraph 
(A), which shall be not less than 20 percent and not more than 80 
percent.
    ``(C) The working percentage for a phased retiree may not be 
changed during the phased retiree's phased retirement period.
    ``(D)(i) Not less than 20 percent of the hours to be worked by a 
phased retiree shall consist of mentoring.
    ``(ii) The Director may, by regulation, provide for exceptions to 
the requirement under clause (i).
    ``(3) A phased retiree--
            ``(A) may not be employed in more than one position at any 
        time; and
            ``(B) may transfer to another position in the same or a 
        different agency, if the transfer does not result in a change 
        in the working percentage.
    ``(4) A retirement-eligible employee may make only one election 
under this subsection during the retirement-eligible employee's 
lifetime.
    ``(5) A retirement-eligible employee who makes an election under 
this subsection may not make an election under section 8343a.
    ``(c)(1) Except as otherwise provided under this subsection, the 
phased retirement annuity for a phased retiree is the product obtained 
by multiplying--
            ``(A) the amount of an annuity computed under section 8339 
        that would have been payable to the phased retiree if, on the 
        date on which the phased retiree enters phased retirement 
        status, the phased retiree had separated from service and 
        retired under section 8336(a) or (b); by
            ``(B) the phased retirement percentage for the phased 
        retiree.
    ``(2) A phased retirement annuity shall be paid in addition to the 
basic pay for the position to which a phased retiree is appointed 
during phased employment.
    ``(3) A phased retirement annuity shall be adjusted in accordance 
with section 8340.
    ``(4)(A) A phased retirement annuity shall not be subject to 
reduction for any form of survivor annuity, shall not serve as the 
basis of the computation of any survivor annuity, and shall not be 
subject to any court order requiring a survivor annuity to be provided 
to any individual.
    ``(B) A phased retirement annuity shall be subject to a court order 
providing for division, allotment, assignment, execution, levy, 
attachment, garnishment, or other legal process on the same basis as 
other annuities.
    ``(5) Any reduction of a phased retirement annuity based on an 
election under section 8334(d)(2) shall be applied to the phased 
retirement annuity after computation under paragraph (1).
    ``(6)(A) Any deposit, or election of an actuarial annuity reduction 
in lieu of a deposit, for military service or for creditable civilian 
service for which retirement deductions were not made or refunded shall 
be made by a retirement-eligible employee at or before the time the 
retirement-eligible employee enters phased retirement status. No such 
deposit may be made, or actuarial adjustment in lieu thereof elected, 
at the time a phased retiree enters full retirement status.
    ``(B) Notwithstanding subparagraph (A), if a phased retiree does 
not make such a deposit and dies in service as a phased retiree, a 
survivor of the phased retiree shall have the same right to make such 
deposit as would have been available had the employee not entered 
phased retirement status and died in service.
    ``(C) If a phased retiree makes an election for an actuarial 
annuity reduction under section 8334(d)(2) and dies in service as a 
phased retiree, the amount of any deposit upon which such actuarial 
reduction shall have been based shall be deemed to have been fully 
paid.
    ``(7) A phased retirement annuity shall commence on the date on 
which a phased retiree enters phased employment.
    ``(8) No unused sick leave credit may be used in the computation of 
the phased retirement annuity.
    ``(d) All basic pay not in excess of the full-time rate of pay for 
the position to which a phased retiree is appointed shall be deemed to 
be basic pay for purposes of section 8334.
    ``(e) Under such procedures as the Director may prescribe, a phased 
retiree may elect to enter full retirement status at any time. Upon 
making such an election, a phased retiree shall be entitled to a 
composite retirement annuity.
    ``(f)(1) Except as provided otherwise under this subsection, a 
composite retirement annuity is a single annuity computed under 
regulations prescribed by the Director, equal to the sum of--
            ``(A) the amount of the phased retirement annuity as of the 
        date of full retirement, before any reduction based on an 
        election under section 8334(d)(2), and including any 
        adjustments made under section 8340; and
            ``(B) the product obtained by multiplying--
                    ``(i) the amount of an annuity computed under 
                section 8339 that would have been payable at the time 
                of full retirement if the individual had not elected a 
                phased retirement and as if the individual was employed 
                on a full-time basis in the position occupied during 
                the phased retirement period and before any reduction 
                for survivor annuity or reduction based on an election 
                under section 8334(d)(2); by
                    ``(ii) the working percentage.
    ``(2) After computing a composite retirement annuity under 
paragraph (1), the Director shall adjust the amount of the annuity for 
any applicable reductions for a survivor annuity and any previously 
elected actuarial reduction under section 8334(d)(2).
    ``(3) A composite retirement annuity shall be adjusted in 
accordance with section 8340, except that subsection (c)(1) of that 
section shall not apply.
    ``(4) In computing a composite retirement annuity under paragraph 
(1)(B)(i), the unused sick leave to the credit of a phased retiree at 
the time of entry into full retirement status shall be adjusted by 
dividing the number of hours of unused sick leave by the working 
percentage.
    ``(g)(1) Under such procedures and conditions as the Director may 
provide, and with the concurrence of the head of the employing agency, 
a phased retiree may elect to terminate phased retirement status and 
return to a full-time work schedule.
    ``(2) Upon entering a full-time work schedule based upon an 
election under paragraph (1), the phased retirement annuity of a phased 
retiree shall terminate.
    ``(3) After the termination of a phased retirement annuity under 
this subsection, the individual's rights under this subchapter shall be 
determined based on the law in effect at the time of any subsequent 
separation from service. For purposes of this subchapter or chapter 84, 
at time of the subsequent separation from service, the phased 
retirement period shall be treated as if it had been a period of part-
time employment with the work schedule described in subsection (b)(2).
    ``(h) For purposes of section 8341--
            ``(1) the death of a phased retiree shall be deemed to be 
        the death in service of an employee; and
            ``(2) the phased retirement period shall be deemed to have 
        been a period of part-time employment with the work schedule 
        described in subsection (b)(2).
    ``(i) Employment of a phased retiree shall not be deemed to be 
part-time career employment, as defined in section 3401(2).
    ``(j) A phased retiree is not eligible to apply for an annuity 
under section 8337.
    ``(k) For purposes of section 8341(h)(4), retirement shall be 
deemed to occur on the date on which a phased retiree enters into full 
retirement status.
    ``(l) For purposes of sections 8343 and 8351, and subchapter III of 
chapter 84, a phased retiree shall be deemed to be an employee.
    ``(m) A phased retiree is not subject to section 8344.
    ``(n) For purposes of chapter 87, a phased retiree shall be deemed 
to be receiving basic pay at the rate of a full-time employee in the 
position to which the phased retiree is appointed.''; and
            (3) in the table of sections by inserting after the item 
        relating to section 8336 the following:

``8336a. Phased retirement.''.
    (b) FERS.--Chapter 84 of title 5, United States Code, is amended--
            (1) by inserting after section 8412 the following new 
        section:
``Sec. 8412a. Phased retirement
    ``(a) For the purposes of this section--
            ``(1) the term `composite retirement annuity' means the 
        annuity computed when a phased retiree attains full retirement 
        status;
            ``(2) the term `full retirement status' means that a phased 
        retiree has ceased employment and is entitled, upon 
        application, to a composite retirement annuity;
            ``(3) the term `phased employment' means the less-than-
        full-time employment of a phased retiree;
            ``(4) the term `phased retiree' means a retirement-eligible 
        employee who--
                    ``(A) makes an election under subsection (b); and
                    ``(B) has not entered full retirement status;
            ``(5) the term `phased retirement annuity' means the 
        annuity payable under this section before full retirement;
            ``(6) the term `phased retirement percentage' means the 
        percentage which, when added to the working percentage for a 
        phased retiree, produces a sum of 100 percent;
            ``(7) the term `phased retirement period' means the period 
        beginning on the date on which an individual becomes entitled 
        to receive a phased retirement annuity and ending on the date 
        on which the individual dies or separates from phased 
        employment;
            ``(8) the term `phased retirement status' means that a 
        phased retiree is concurrently employed in phased employment 
        and eligible to receive a phased retirement annuity;
            ``(9) the term `retirement-eligible employee'--
                    ``(A) means an individual who, if the individual 
                separated from the service, would meet the requirements 
                for retirement under subsection (a) or (b) of section 
                8412; and
                    ``(B) does not include--
                            ``(i) an individual who, if the individual 
                        separated from the service, would meet the 
                        requirements for retirement under subsection 
                        (d) or (e) of section 8412; or
                            ``(ii) a law enforcement officer, 
                        firefighter, nuclear materials courier, air 
                        traffic controller, customs and border 
                        protection officer, or member of the Capitol 
                        Police or Supreme Court Police; and
            ``(10) the term `working percentage' means the percentage 
        of full-time employment equal to the quotient obtained by 
        dividing--
                    ``(A) the number of hours per pay period to be 
                worked by a phased retiree as scheduled in accordance 
                with subsection (b)(2); by
                    ``(B) the number of hours per pay period to be 
                worked by an employee serving in a comparable position 
                on a full-time basis.
    ``(b)(1) With the concurrence of the head of the employing agency, 
and under regulations promulgated by the Director, a retirement-
eligible employee who has been employed on a full time basis for not 
less than the 3-year period ending on the date on which the retirement-
eligible employee makes an election under this subsection may elect to 
enter phased retirement status.
    ``(2)(A) Subject to subparagraph (B), at the time of entering 
phased retirement status, a phased retiree shall be appointed to a 
position for which the working percentage is 50 percent.
    ``(B) The Director may, by regulation, provide for working 
percentages different from the percentage specified under subparagraph 
(A), which shall be not less than 20 percent and not more than 80 
percent.
    ``(C) The working percentage for a phased retiree may not be 
changed during the phased retiree's phased retirement period.
    ``(D)(i) Not less than 20 percent of the hours to be worked by a 
phased retiree shall consist of mentoring.
    ``(ii) The Director may, by regulation, provide for exceptions to 
the requirement under clause (i).
    ``(3) A phased retiree--
            ``(A) may not be employed in more than one position at any 
        time; and
            ``(B) may transfer to another position in the same or a 
        different agency, if the transfer does not result in a change 
        in the working percentage.
    ``(4) A retirement-eligible employee may make only one election 
under this subsection during the retirement-eligible employee's 
lifetime.
    ``(5) A retirement-eligible employee who makes an election under 
this subsection may not make an election under section 8420a.
    ``(c)(1) Except as otherwise provided under this subsection, the 
phased retirement annuity for a phased retiree is the product obtained 
by multiplying--
            ``(A) the amount of an annuity computed under section 8415 
        that would have been payable to the phased retiree if, on the 
        date on which the phased retiree enters phased retirement 
        status, the phased retiree had separated from service and 
        retired under section 8412 (a) or (b); by
            ``(B) the phased retirement percentage for the phased 
        retiree.
    ``(2) A phased retirement annuity shall be paid in addition to the 
basic pay for the position to which a phased retiree is appointed 
during the phased employment.
    ``(3) A phased retirement annuity shall be adjusted in accordance 
with section 8462.
    ``(4)(A) A phased retirement annuity shall not be subject to 
reduction for any form of survivor annuity, shall not serve as the 
basis of the computation of any survivor annuity, and shall not be 
subject to any court order requiring a survivor annuity to be provided 
to any individual.
    ``(B) A phased retirement annuity shall be subject to a court order 
providing for division, allotment, assignment, execution, levy, 
attachment, garnishment, or other legal process on the same basis as 
other annuities.
    ``(5)(A) Any deposit, or election of an actuarial annuity reduction 
in lieu of a deposit, for military service or for creditable civilian 
service for which retirement deductions were not made or refunded, 
shall be made by a retirement-eligible employee at or before the time 
the retirement-eligible employee enters phased retirement status. No 
such deposit may be made, or actuarial adjustment in lieu thereof 
elected, at the time a phased retiree enters full retirement status.
    ``(B) Notwithstanding subparagraph (A), if a phased retiree does 
not make such a deposit and dies in service as a phased retiree, a 
survivor of the phased retiree shall have the same right to make such 
deposit as would have been available had the employee not entered 
phased retirement status and died in service.
    ``(6) A phased retirement annuity shall commence on the date on 
which a phased retiree enters phased employment.
    ``(7) No unused sick leave credit may be used in the computation of 
the phased retirement annuity.
    ``(d) All basic pay not in excess of the full-time rate of pay for 
the position to which a phased retiree is appointed shall be deemed to 
be basic pay for purposes of section 8422 and 8423.
    ``(e) Under such procedures as the Director may prescribe, a phased 
retiree may elect to enter full retirement status at any time. Upon 
making such an election, a phased retiree shall be entitled to a 
composite retirement annuity.
    ``(f)(1) Except as provided otherwise under this subsection, a 
composite retirement annuity is a single annuity computed under 
regulations prescribed by the Director, equal to the sum of--
            ``(A) the amount of the phased retirement annuity as of the 
        date of full retirement, including any adjustments made under 
        section 8462; and
            ``(B) the product obtained by multiplying--
                    ``(i) the amount of an annuity computed under 
                section 8412 that would have been payable at the time 
                of full retirement if the individual had not elected a 
                phased retirement and as if the individual was employed 
                on a full-time basis in the position occupied during 
                the phased retirement period and before any adjustment 
                to provide for a survivor annuity; by
                    ``(ii) the working percentage;
    ``(2) After computing a composite retirement annuity under 
paragraph (1), the Director shall adjust the amount of the annuity for 
any applicable reductions for a survivor annuity.
    ``(3) A composite retirement annuity shall be adjusted in 
accordance with section 8462, except that subsection (c)(1) of that 
section shall not apply.
    ``(4) In computing a composite retirement annuity under paragraph 
(1)(B)(i), the unused sick leave to the credit of a phased retiree at 
the time of entry into full retirement status shall be adjusted by 
dividing the number of hours of unused sick leave by the working 
percentage.
    ``(g)(1) Under such procedures and conditions as the Director may 
provide, and with the concurrence of the head of employing agency, a 
phased retiree may elect to terminate phased retirement status and 
return to a full-time work schedule.
    ``(2) Upon entering a full-time work schedule based on an election 
under paragraph (1), the phased retirement annuity of a phased retiree 
shall terminate.
    ``(3) After termination of the phased retirement annuity under this 
subsection, the individual's rights under this chapter shall be 
determined based on the law in effect at the time of any subsequent 
separation from service. For purposes of this chapter, at the time of 
the subsequent separation from service, the phased retirement period 
shall be treated as if it had been a period of part-time employment 
with the work schedule described in subsection (b)(2).
    ``(h) For purposes of subchapter IV--
            ``(1) the death of a phased retiree shall be deemed to be 
        the death in service of an employee;
            ``(2) except for purposes of section 8442(b)(1)(A)(i), the 
        phased retirement period shall be deemed to have been a period 
        of part-time employment with the work schedule described in 
        subsection (b)(2) of this section; and
            ``(3) for purposes of section 8442(b)(1)(A)(i), the phased 
        retiree shall be deemed to have been at the full-time rate of 
        pay for the position occupied.
    ``(i) Employment of a phased retiree shall not be deemed to be 
part-time career employment, as defined in section 3401(2).
    ``(j) A phased retiree is not eligible to receive an annuity 
supplement under section 8421.
    ``(k) For purposes of subchapter III, a phased retiree shall be 
deemed to be an employee.
    ``(l) For purposes of section 8445(d), retirement shall be deemed 
to occur on the date on which a phased retiree enters into full 
retirement status.
    ``(m) A phased retiree is not eligible to apply for an annuity 
under subchapter V.
    ``(n) A phased retiree is not subject to section 8468.
    ``(o) For purposes of chapter 87, a phased retiree shall be deemed 
to be receiving basic pay at the rate of a full-time employee in the 
position to which the phased retiree is appointed.''; and
            (2) in the table of sections by inserting after the item 
        relating to section 8412 the following:

``8412a. Phased retirement.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the effective date of the implementing regulations issued by 
the Director of the Office of Personnel Management.

SEC. 100116. ROLL-YOUR-OWN CIGARETTE MACHINES.

    (a) In General.--Subsection (d) of section 5702 of the Internal 
Revenue Code of 1986 is amended by adding at the end the following new 
flush sentence:
``Such term shall include any person who for commercial purposes makes 
available for consumer use (including such consumer's personal 
consumption or use under paragraph (1)) a machine capable of making 
cigarettes, cigars, or other tobacco products. A person making such a 
machine available for consumer use shall be deemed the person making 
the removal as defined by subsection (j) with respect to any tobacco 
products manufactured by such machine.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to articles removed after the date of the enactment of this Act.

                     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.

    Section 5318A of title 31, United States Code, is amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 5318A. Special measures for jurisdictions, financial 
              institutions, or international transactions that are of 
              primary money laundering concern or significantly impede 
              United States tax enforcement'';
            (2) in subsection (a), by striking the subsection heading 
        and inserting the following:
    ``(a) Special Measures To Counter Money Laundering and Efforts to 
Significantly Impede United States Tax Enforcement.--'';
            (3) in subsection (c)--
                    (A) by striking the subsection heading and 
                inserting the following:
    ``(c) Consultations and Information To Be Considered in Finding 
Jurisdictions, Institutions, Types of Accounts, or Transactions To Be 
of Primary Money Laundering Concern or To Be Significantly Impeding 
United States Tax Enforcement.--''; and
                    (B) by inserting at the end of paragraph (2) 
                thereof the following new subparagraph:
                    ``(C) Other considerations.--The fact that a 
                jurisdiction or financial institution is cooperating 
                with the United States on implementing the requirements 
                specified in chapter 4 of the Internal Revenue Code of 
                1986 may be favorably considered in evaluating whether 
                such jurisdiction or financial institution is 
                significantly impeding United States tax 
                enforcement.'';
            (4) in subsection (a)(1), by inserting ``or is 
        significantly impeding United States tax enforcement'' after 
        ``primary money laundering concern'';
            (5) in subsection (a)(4)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``in matters involving 
                        money laundering,'' before ``shall consult''; 
                        and
                            (ii) by striking ``and'' at the end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) in matters involving United States tax 
                enforcement, shall consult with the Commissioner of the 
                Internal Revenue, the Secretary of State, the Attorney 
                General of the United States, and in the sole 
                discretion of the Secretary, such other agencies and 
                interested parties as the Secretary may find to be 
                appropriate; and'';
            (6) in each of paragraphs (1)(A), (2), (3), and (4) of 
        subsection (b), by inserting ``or to be significantly impeding 
        United States tax enforcement'' after ``primary money 
        laundering concern'' each place that term appears;
            (7) in subsection (b), by striking paragraph (5) and 
        inserting the following:
            ``(5) Prohibitions or conditions on opening or maintaining 
        certain correspondent or payable-through accounts or 
        authorizing certain payment cards.--If the Secretary finds a 
        jurisdiction outside of the United States, 1 or more financial 
        institutions operating outside of the United States, or 1 or 
        more classes of transactions within or involving a jurisdiction 
        outside of the United States to be of primary money laundering 
        concern or to be significantly impeding United States tax 
        enforcement, the Secretary, in consultation with the Secretary 
        of State, the Attorney General of the United States, and the 
        Chairman of the Board of Governors of the Federal Reserve 
        System, may prohibit, or impose conditions upon--
                    ``(A) the opening or maintaining in the United 
                States of a correspondent account or payable-through 
                account; or
                    ``(B) the authorization, approval, or use in the 
                United States of a credit card, charge card, debit 
                card, or similar credit or debit financial instrument 
                by any domestic financial institution, financial 
                agency, or credit card company or association, for or 
                on behalf of a foreign banking institution, if such 
                correspondent account, payable-through account, credit 
                card, charge card, debit card, or similar credit or 
                debit financial instrument, involves any such 
                jurisdiction or institution, or if any such transaction 
                may be conducted through such correspondent account, 
                payable-through account, credit card, charge card, 
                debit card, or similar credit or debit financial 
                instrument.''; and
            (8) in subsection (c)(1), by inserting ``or is 
        significantly impeding United States tax enforcement'' after 
        ``primary money laundering concern'';
            (9) in subsection (c)(2)(A)--
                    (A) in clause (ii), by striking ``bank secrecy or 
                special regulatory advantages'' and inserting ``bank, 
                tax, corporate, trust, or financial secrecy or 
                regulatory advantages'';
                    (B) in clause (iii), by striking ``supervisory and 
                counter-money'' and inserting ``supervisory, 
                international tax enforcement, and counter-money'';
                    (C) in clause (v), by striking ``banking or 
                secrecy'' and inserting ``banking, tax, or secrecy''; 
                and
                    (D) in clause (vi), by inserting ``, tax treaty, or 
                tax information exchange agreement'' after ``treaty'';
            (10) in subsection (c)(2)(B)--
                    (A) in clause (i), by inserting ``or tax evasion'' 
                after ``money laundering''; and
                    (B) in clause (iii), by inserting ``, tax 
                evasion,'' after ``money laundering''; and
            (11) in subsection (d), by inserting ``involving money 
        laundering, and shall notify, in writing, the Committee on 
        Finance of the Senate and the Committee on Ways and Means of 
        the House of Representatives of any such action involving 
        United States tax enforcement'' after ``such action''.

                     DIVISION G--AIR TRANSPORTATION

SEC. 100301. TECHNICAL CORRECTIONS RELATING TO OVERFLIGHTS OF NATIONAL 
              PARKS.

    (a) In General.--Section 40128 of title 49, United States Code, is 
amended to read as follows:
``Sec. 40128. Overflights of national parks
    ``(a) In General.--
            ``(1) General delineation of responsibilities.--
                    ``(A) Authority of director.--The Director has the 
                authority to establish air tour management plans, issue 
                air tour permits for commercial air tour operations 
                conducted in accordance with an air tour management 
                plan, enter into a voluntary agreement with a 
                commercial air tour operator, and issue interim 
                operating permits under subsection (c).
                    ``(B) Authority of administrator.--The 
                Administrator has the authority to ensure that any 
                action taken under this section does not adversely 
                affect aviation safety or the management of the 
                national airspace system.
            ``(2) General requirements.--A commercial air tour operator 
        may not conduct commercial air tour operations over a national 
        park or tribal lands, as defined by this section, except--
                    ``(A) in accordance with this section;
                    ``(B) in accordance with conditions and limitations 
                prescribed for that operator; and
                    ``(C) in accordance with any applicable air tour 
                management plan or voluntary agreement developed under 
                subsection (b) for the park or tribal lands.
            ``(3) Application for operating authority.--
                    ``(A) Application required.--Before commencing 
                commercial air tour operations over a national park or 
                tribal lands, a commercial air tour operator shall 
                apply to the Director for authority to conduct the 
                operations over the park or tribal lands.
                    ``(B) Number of operations authorized.--In 
                determining the number of authorizations to issue to 
                provide commercial air tour operations over a national 
                park, the Director shall take into consideration the 
                provisions of the air tour management plan, the number 
                of existing commercial air tour operators and current 
                level of service and equipment provided by any such 
                operators, and the financial viability of each 
                commercial air tour operation.
                    ``(C) Consultation with faa.--Before granting an 
                application under this paragraph, the Director, in 
                consultation with the Administrator, shall develop an 
                air tour management plan in accordance with subsection 
                (b) and implement such plan.
                    ``(D) Time limit on response to atmp 
                applications.--The Director shall make every effort to 
                act on any application under this paragraph and issue a 
                decision on the application not later than 24 months 
                after it is received or amended.
                    ``(E) Priority.--In acting on applications under 
                this paragraph to provide commercial air tour 
                operations over a national park, the Director shall 
                give priority to an application under this paragraph in 
                any case in which a new entrant commercial air tour 
                operator is seeking operating authority with respect to 
                that national park.
            ``(4) Exception.--Notwithstanding paragraph (2), commercial 
        air tour operators may conduct commercial air tour operations 
        over a national park under part 91 of the title 14, Code of 
        Federal Regulations, if--
                    ``(A) such activity is permitted under part 119 of 
                such title;
                    ``(B) the total number of operations under this 
                exception is limited to not more than five flights in 
                any 30-day period over a particular park; and
                    ``(C) the operator complies with the conditions 
                under which the operations will be conducted as 
                established by the Director, in consultation with the 
                Administrator.
            ``(5) Special rule for safety requirements.--Before 
        receiving a permit issued under this section, a commercial air 
        tour operator shall have obtained the appropriate operating 
        authority as required by the Administrator under part 119, 121, 
        or 135 of title 14, Code of Federal Regulations, to conduct 
        operations under this section.
            ``(6) Exemption for national parks with 50 or fewer flights 
        each year.--
                    ``(A) In general.--A national park that has 50 or 
                fewer commercial air tour operations over the park each 
                year shall be exempt from the requirements of this 
                section, except as provided in subparagraph (B).
                    ``(B) Withdrawal of exemption.--If the Director 
                determines that an air tour management plan or 
                voluntary agreement is necessary to protect park 
                resources and values or park visitor use and enjoyment, 
                the Director shall withdraw the exemption of a park 
                under subparagraph (A).
                    ``(C) List of parks.--The Director shall maintain a 
                list each year of national parks that are covered by 
                the exemption provided under this paragraph.
    ``(b) Air Tour Management Plans.--
            ``(1) Establishment.--
                    ``(A) In general.--The Director, in consultation 
                with the Administrator, shall establish an air tour 
                management plan for any national park or tribal land 
                for which such a plan is not in effect whenever a 
                person applies for authority to conduct a commercial 
                air tour operation over the park. The air tour 
                management plan shall be developed by means of a public 
                process in accordance with paragraph (4).
                    ``(B) Objective.--The objective of any air tour 
                management plan shall be to develop acceptable and 
                effective measures to mitigate or prevent the 
                significant adverse impacts, if any, of commercial air 
                tour operations upon the natural and cultural 
                resources, visitor experiences, and tribal lands.
                    ``(C) Exception.--An application to begin 
                commercial air tour operations at Crater Lake National 
                Park may be denied without the establishment of an air 
                tour management plan by the Director of the National 
                Park Service if the Director determines that such 
                operations would adversely affect park resources or 
                visitor experiences.
            ``(2) Environmental determination.--In establishing an air 
        tour management plan and issuing a permit for a commercial air 
        tour operator under this section, the Director shall comply 
        with the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.). Any environmental thresholds, analyses, impact 
        determinations, and conditions prepared or used by the Director 
        to establish an air tour management plan or issue a permit 
        under this section shall have no broader application or be 
        given deference beyond this section.
            ``(3) Contents.--An air tour management plan for a national 
        park--
                    ``(A) may prohibit commercial air tour operations 
                over a national park in whole or in part;
                    ``(B) may establish conditions for the conduct of 
                commercial air tour operations over a national park, 
                including commercial air tour routes, maximum or 
                minimum altitudes, time-of-day restrictions, 
                restrictions for particular events, maximum number of 
                flights per unit of time, intrusions on privacy on 
                tribal lands, and mitigation of noise, visual, or other 
                impacts;
                    ``(C) shall apply to all commercial air tour 
                operations over a national park that are also within 
                \1/2\ mile outside the boundary of a national park;
                    ``(D) shall include incentives (such as preferred 
                commercial air tour routes and altitudes, relief from 
                caps and curfews) for the adoption of quiet aircraft 
                technology by commercial air tour operators conducting 
                commercial air tour operations over a national park 
                when practicable;
                    ``(E) shall provide for the initial allocation of 
                opportunities to conduct commercial air tour operations 
                over a national park if the plan includes a limitation 
                on the number of commercial air tour operations for any 
                time period;
                    ``(F) may not have been found to have adverse 
                effects on aviation safety or the management of the 
                national airspace system by the Administrator; and
                    ``(G) shall justify and document the need for 
                measures taken pursuant to subparagraphs (A) through 
                (F).
            ``(4) Procedure.--In establishing an air tour management 
        plan for a national park or tribal lands, the Director shall--
                    ``(A) hold at least one public meeting with 
                interested parties to develop the air tour management 
                plan;
                    ``(B) publish a notice of availability of the 
                proposed plan in the Federal Register for notice and 
                comment and make copies of the proposed plan available 
                to the public;
                    ``(C) comply with the regulations set forth in 
                parts 1500 through 1508 of title 40, Code of Federal 
                Regulations;
                    ``(D) solicit the participation of any Indian tribe 
                whose tribal lands are, or may be, overflown by 
                aircraft involved in a commercial air tour operation 
                over the park or tribal lands to which the plan 
                applies, as a cooperating agency under the regulations 
                referred to in subparagraph (C); and
                    ``(E) consult with the Administrator with respect 
                to effects on aviation safety and the management of the 
                national airspace system.
            ``(5) Judicial review.--An air tour management plan 
        developed under this subsection shall be subject to judicial 
        review pursuant to chapter 7 of title 5, United States Code.
            ``(6) Amendments and revocations.--The Director may make 
        amendments to an air tour management plan and any permits 
        issued pursuant to an air tour management plan, and may revoke 
        permits. The Director shall consult with the Administrator to 
        ensure that any such amendments or revocations will not 
        adversely affect aviation safety or the management of the 
        national airspace system. Any such amendments and revocations 
        shall be published in the Federal Register for notice and 
        comment. A request for amendment of an air tour management plan 
        or permit shall be made in such form and manner as the Director 
        may prescribe.
            ``(7) Voluntary agreements.--
                    ``(A) In general.--As an alternative to an air tour 
                management plan, the Director may enter into a 
                voluntary agreement with a commercial air tour operator 
                (including a new entrant commercial air tour operator 
                and an operator that has an interim operating permit) 
                that has applied to conduct commercial air tour 
                operations over a national park to manage commercial 
                air tour operations over such national park.
                    ``(B) Park protection.--A voluntary agreement 
                entered into under subparagraph (A) shall protect the 
                national park resources, values, and visitor experience 
                without compromising aviation safety or the management 
                of the national airspace system and may--
                            ``(i) include provisions such as those 
                        included in the content of an air tour 
                        management plan;
                            ``(ii) include provisions to ensure the 
                        stability of, and compliance with, the 
                        voluntary agreement; and
                            ``(iii) provide for fees for such 
                        operations.
                    ``(C) Public review.--The Director shall provide an 
                opportunity for public review of a proposed voluntary 
                agreement under this paragraph and shall consult with 
                any Indian tribe whose tribal lands are, or may be, 
                flown over by a commercial air tour operator under a 
                voluntary agreement under this paragraph. After such 
                opportunity for public review and consultation, the 
                voluntary agreement may be implemented without further 
                administrative or environmental process beyond that 
                described in this subsection.
                    ``(D) Termination.--
                            ``(i) In general.--A voluntary agreement 
                        under this paragraph may be terminated at any 
                        time at the discretion of--
                                    ``(I) the Director, if the Director 
                                determines that the agreement is not 
                                adequately protecting park resources or 
                                visitor experiences; or
                                    ``(II) the Administrator, if the 
                                Administrator determines that the 
                                agreement is adversely affecting 
                                aviation safety or the national 
                                airspace system.
                            ``(ii) Effect of termination.--If a 
                        voluntary agreement with respect to a national 
                        park is terminated under this subparagraph, the 
                        operators shall conform to the requirements for 
                        an interim operating permit under subsection 
                        (c) until an air tour management plan for the 
                        park is in effect.
    ``(c) Interim Operating Authority.--
            ``(1) In general.--Interim operating authority granted by 
        the Administrator under this subsection, as in effect on the 
        day before the date of the enactment of the Moving Ahead for 
        Progress in the 21st Century Act, shall, on and after such date 
        of enactment, be known as an interim operating permit and be 
        administered by the Director in accordance with the conditions 
        of this subsection.
            ``(2) Requirements and limitations.--An interim operating 
        permit--
                    ``(A) shall maintain the same annual authorizations 
                as provided for interim operating authority under this 
                subsection, as in effect on the day before the date of 
                the enactment of the Moving Ahead for Progress in the 
                21st Century Act; and
                    ``(B) may not provide for an increase in the number 
                of commercial air tour operations over a national park 
                conducted during any time period by the commercial air 
                tour operator above the number that the air tour 
                operator was granted unless such an increase is 
                approved by the Director in consultation with the 
                Administrator;
                    ``(C) may be revoked by the Director for cause;
                    ``(D) shall terminate 180 days after the date on 
                which an air tour management plan is established for 
                the park or tribal lands;
                    ``(E) shall promote protection of national park 
                resources, visitor experiences, and tribal lands;
                    ``(F) shall promote safe commercial air tour 
                operations;
                    ``(G) shall promote the adoption of quiet 
                technology, as appropriate; and
                    ``(H) may allow for modifications of the interim 
                operating permit without further environmental review 
                beyond that described in this subsection, if--
                            ``(i) adequate information regarding the 
                        existing and proposed operations of the 
                        operator under the interim operating permit is 
                        provided to the Director;
                            ``(ii) the Director agrees with the 
                        modification, based on the professional 
                        expertise of the Director regarding the 
                        protection of the resources, values, and 
                        visitor use and enjoyment of the park; and
                            ``(iii) the Director receives advice in 
                        writing from the Administrator that there would 
                        be no adverse impact on aviation safety or the 
                        national airspace system.
            ``(3) Modifications and revocations.--Any modification or 
        revocation of an interim operating permit shall be published in 
        the Federal Register to provide notice and opportunity for 
        comment.
            ``(4) New entrant air tour operators.--
                    ``(A) In general.--The Director, in consultation 
                with the Administrator, may grant an interim operating 
                permit under this paragraph to an air tour operator for 
                a national park or tribal lands for which that operator 
                is a new entrant air tour operator without further 
                environmental process beyond that described in this 
                paragraph, if--
                            ``(i) adequate information on the proposed 
                        operations of the operator is provided to the 
                        Director by the operator making the request;
                            ``(ii) the Director agrees, based on the 
                        Director's professional expertise regarding the 
                        protection of park resources and values and 
                        visitor use and enjoyment; and
                            ``(iii) the Director receives advice in 
                        writing from the Administrator that there would 
                        be no adverse impact on aviation safety or the 
                        national airspace system.
                    ``(B) Safety limitation.--The Director may not 
                grant an interim operating permit under subparagraph 
                (A) if the Administrator determines that it would 
                create a safety problem at the park or on the tribal 
                lands, or the Director determines that it would create 
                a noise problem at the park or on the tribal lands.
    ``(d) Commercial Air Tour Operator Reports.--
            ``(1) Report.--Each commercial air tour operator conducting 
        a commercial air tour operation over a national park under an 
        interim operating permit granted under subsection (c) or in 
        accordance with an air tour management plan or voluntary 
        agreement under subsection (b) shall submit to the Director a 
        report regarding the number of commercial air tour operations 
        over each national park that are conducted by the operator and 
        such other information as the Director may request in order to 
        facilitate administering the provisions of this section.
            ``(2) Report submission.--The Director shall issue a 
        request for reports under this subsection. The reports shall be 
        submitted to the Director with a frequency and in a format 
        prescribed by the Director.
    ``(e) Collection of Fees From Air Tour Operations.--
            ``(1) In general.--The Director shall determine and assess 
        a fee under paragraph (2) on a commercial air tour operator 
        conducting commercial air tour operations over a national park, 
        including the Grand Canyon National Park.
            ``(2) Amount of fee.--In determining the amount of the fee 
        assessed under paragraph (1), the Director shall collect 
        sufficient revenue, in the aggregate, to pay for the expenses 
        incurred by the Federal Government to develop and enforce air 
        tour management plans for national parks.
            ``(3) Effect of failure to pay fee.--The Director may 
        assess a civil penalty against or revoke the interim operating 
        permit or air tour permit, whichever is applicable, of a 
        commercial air tour operator conducting commercial air tour 
        operations over any national park, including the Grand Canyon 
        National Park, that has not paid the fee assessed by the 
        Director under paragraph (1) by the date that is 180 days after 
        the date on which the Director determines the fee shall be 
        paid.
            ``(4) Funding for air tour management plans.--The Director 
        shall use the amounts collected to develop and enforce air tour 
        management plans for the national parks the Director determines 
        would most benefit from such a plan.
    ``(f) Civil Penalties.--
            ``(1) In general.--Any person who violates any provision of 
        this section or any regulation or permit issued under this 
        section may be assessed a civil penalty by the Director of not 
        more than $25,000 for each such violation.
            ``(2) Knowing violations.--Any person who knowingly 
        violates any provision of this section or any regulation or 
        permit issued under this section may be assessed a civil 
        penalty by the Director of not more than $50,000 for each 
        violation.
            ``(3) Procedures.--A penalty may not be assessed under this 
        subsection on a person unless the person is given notice and 
        opportunity for a hearing with respect to the violation for 
        which the penalty is assessed. Each violation of this section 
        or a regulation or permit issued under this section shall be a 
        separate offense. Any civil penalty assessed under this 
        subsection may be remitted or mitigated by the Director. Upon 
        any failure by a person to pay a penalty assessed under this 
        subsection, the Director may request the Attorney General to 
        institute a civil action in a district court of the United 
        States for any district in which the person is found, resides, 
        or transacts business to collect the penalty and such court 
        shall have jurisdiction to hear and decide any such action. The 
        court shall hear such action on the record made before the 
        Director and shall sustain his action if it is supported by 
        substantial evidence on the record considered as a whole.
            ``(4) Administrative proceedings.--Hearings held during 
        proceedings for the assessment of civil penalties under this 
        subsection shall be conducted in accordance with section 554 of 
        title 5, United States Code. The Director may issue subpoenas 
        for the attendance and testimony of witnesses and the 
        production of relevant papers, books, and documents, and 
        administer oaths. Witnesses summoned shall be paid the same 
        fees and mileage that are paid to witnesses in the courts of 
        the United States. In case of contumacy or refusal to obey a 
        subpoena served upon any person pursuant to this paragraph, the 
        district court of the United States for any district in which 
        such person is found or resides or transacts business, upon 
        application by the United States and after notice to the 
        person, shall have jurisdiction to issue an order requiring the 
        person to appear and give testimony before the Director or to 
        appear and produce documents before the Director, or both, and 
        any failure to obey the order of the court may be punished by 
        such court as a contempt thereof.
    ``(g) Enforcement.--The provisions of this section and any 
regulations or permits issued under this section may be enforced by the 
Director or the Administrator, as appropriate. The Director may utilize 
by agreement, with or without reimbursement, the personnel, services, 
and facilities of any other Federal agency or any State agency for 
purposes of enforcing this section. The decisions of the Director under 
this subsection shall not have broader application or be given 
deference beyond this section. The Administrator shall retain 
enforcement authority over matters involving the safety and efficiency 
of the national airspace system.
    ``(h) Exemptions.--This section shall not apply to--
            ``(1) the Grand Canyon National Park; or
            ``(2) tribal lands within or abutting the Grand Canyon 
        National Park.
    ``(i) Lake Mead.--This section shall not apply to any air tour 
operator while flying over or near the Lake Mead National Recreation 
Area, solely as a transportation route, to conduct an air tour over the 
Grand Canyon National Park. For purposes of this subsection, an air 
tour operator flying over the Hoover Dam in the Lake Mead National 
Recreation Area en route to the Grand Canyon National Park shall be 
deemed to be flying solely as a transportation route.
    ``(j) Severable Services Contracts for Periods Crossing Fiscal 
Years.--
            ``(1) In general.--For purposes of this section, the 
        Director may enter into a contract for procurement of severable 
        services for a period that begins during one fiscal year and 
        ends in the next fiscal year if (without regard to any option 
        to extend the period of the contract) the period of the 
        contract does not exceed 1 year.
            ``(2) Obligation of funds.--Funds made available for a 
        fiscal year may be obligated for the total amount of a contract 
        entered into under the authority of paragraph (1).
    ``(k) Responsibilities and Authorities of Administrator.--
            ``(1) In general.--The Administrator shall advise the 
        Director in writing of any adverse effects on aviation safety 
        and or management of the national airspace system for any 
        proposed action taken under this section.
            ``(2) Amendments to authorization for commercial air tour 
        operators.--The Administrator, in consultation with the 
        Director, may amend any authorization for a commercial air tour 
        operator to include conditions set forth in any permit issued 
        under this section or to address any adverse effect on aviation 
        safety.
            ``(3) Rule of construction.--Nothing in this section shall 
        be construed to limit or abrogate the Administrator's authority 
        to ensure the safety and efficiency of the national airspace 
        system.
    ``(l) Definitions.--In this section, the following definitions 
apply:
            ``(1) Commercial air tour operator.--The term `commercial 
        air tour operator' means any person who conducts a commercial 
        air tour operation over a national park.
            ``(2) Existing commercial air tour operator.--The term 
        `existing commercial air tour operator' means a commercial air 
        tour operator that was actively engaged in the business of 
        providing commercial air tour operations over a national park 
        at any time during the 12-month period ending on the date of 
        the enactment of this section.
            ``(3) New entrant commercial air tour operator.--The term 
        `new entrant commercial air tour operator' means a commercial 
        air tour operator that--
                    ``(A) applies for an interim operating permit or 
                air tour permit as a commercial air tour operator for a 
                national park or tribal lands; and
                    ``(B) has not engaged in the business of providing 
                commercial air tour operations over the national park 
                or tribal lands in the 12-month period preceding the 
                application.
            ``(4) Commercial air tour operation over a national park.--
                    ``(A) In general.--The term `commercial air tour 
                operation over a national park' means any flight, 
                conducted for compensation or hire in a powered 
                aircraft where a purpose of the flight is sightseeing 
                over a national park, within \1/2\ mile outside the 
                boundary of any national park (except the Grand Canyon 
                National Park), or over tribal lands (except those 
                within or abutting the Grand Canyon National Park), 
                during which the aircraft flies--
                            ``(i) below a minimum altitude, determined 
                        by the Administrator in cooperation with the 
                        Director, above ground level (except solely for 
                        purposes of takeoff or landing, or necessary 
                        for safe operation of an aircraft as determined 
                        under the rules and regulations of the Federal 
                        Aviation Administration requiring the pilot-in-
                        command to take action to ensure the safe 
                        operation of the aircraft); or
                            ``(ii) less than 1 mile laterally from any 
                        geographic feature within the park (unless more 
                        than \1/2\ mile outside the boundary).
                    ``(B) Factors to consider.--In making a 
                determination of whether a flight is a commercial air 
                tour operation over a national park for purposes of 
                this section, the Administrator may consider--
                            ``(i) whether there was a holding out to 
                        the public of willingness to conduct a 
                        sightseeing flight for compensation or hire;
                            ``(ii) whether a narrative that referred to 
                        areas or points of interest on the surface 
                        below the route of the flight was provided by 
                        the person offering the flight;
                            ``(iii) the area of operation;
                            ``(iv) the frequency of flights conducted 
                        by the person offering the flight;
                            ``(v) the route of flight;
                            ``(vi) the inclusion of sightseeing flights 
                        as part of any travel arrangement package 
                        offered by the person offering the flight;
                            ``(vii) whether the flight would have been 
                        canceled based on poor visibility of the 
                        surface below the route of the flight; and
                            ``(viii) any other factors that the 
                        Administrator and the Director consider 
                        appropriate.
            ``(5) National park.--The term `national park' means any 
        unit of the National Park System.
            ``(6) Tribal lands.--
                    ``(A) In general.--The term `tribal lands' means 
                Indian country (as that term is defined in section 1151 
                of title 18) that is within or abutting a national 
                park.
                    ``(B) Abutting.--For purposes of subparagraph (A), 
                the term `abutting' means lands within \1/2\ mile 
                outside the boundary of a national park.
            ``(7) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Aviation Administration.
            ``(8) Director.--The term `Director' means the Director of 
        the National Park Service.
            ``(9) Air tour permit.--The term `air tour permit' means a 
        permit issued by the Director, in accordance with this section, 
        to a commercial operator to conduct commercial air tour 
        operations over a national park or tribal lands.''.
    (b) Amendments to National Parks Air Tour Management Act of 2000.--
            (1) Advisory group.--Section 805 of the National Parks Air 
        Tour Management Act of 2000 (49 U.S.C. 40128 note) is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) In General.--The Director of the National Park Service may 
retain the advisory group established pursuant to this section, as in 
effect on the day before the date of the enactment of the Moving Ahead 
for Progress in the 21st Century Act, to provide continuing advice and 
counsel with respect to commercial air tour operations over and near 
national parks.'';
                    (B) in subsection (b)--
                            (i) in paragraph (1)(A)(iv), by inserting 
                        ``or Native Hawaiians'' after ``Indian 
                        tribes''; and
                            (ii) by striking paragraph (3) and 
                        inserting the following:
            ``(3) Chairperson.--The representative of the National Park 
        Service shall serve as chairperson of the advisory group.''; 
        and
                    (C) in subsection (d)(2), by striking ``The Federal 
                Aviation Administration and the National Park Service 
                shall jointly'' and inserting ``The National Park 
                Service shall''.
            (2) Reports.--Section 807 of the National Parks Air Tour 
        Management Act of 2000 (49 U.S.C. 40128 note) is repealed.
            (3) Methodologies used to assess air tour noise.--Section 
        808 of the National Parks Air Tour Management Act of 2000 (49 
        U.S.C. 40128 note) is amended by striking ``a Federal agency'' 
        and inserting ``the Director of the National Park Service''.

                     DIVISION H--BUDGETARY EFFECTS

SEC. 100401. BUDGETARY EFFECTS.

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

            Passed the Senate March 14, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 1813

_______________________________________________________________________

                                 AN ACT

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