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, rehabilita-
tion, resurfacing, restoration, preservation, or oper-
ational improvements for highways, including con-
struction of designated routes of the Appalachian de-
velopment 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 coun-
termeasures, and protection against extreme events) 
and application of calcium magnesium acetate, so-
dium acetate/formate, or other environmentally ac-
ceptable, 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 ac-
commodate other transportation modes. 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(3) Construction of a new bridge or tunnel on 
a new location on a highway, including any such 
construction necessary to accommodate other trans-
portation modes. 
‘‘(4) Inspection and evaluation (within the 
meaning of section 144) of bridges and tunnels on 
public roads of all functional classifications and in-
spection and evaluation of other highway infrastruc-
ture assets, including signs and sign structures, re-
taining 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 park-
ing facilities and programs, including electric vehicle 
infrastructure in accordance with section 137, bicy-
cle transportation and pedestrian walkways in ac-
cordance 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.). 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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 develop-
ment 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 sup-
port congestion pricing, including electronic toll col-
lection 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 ter-
minal 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). 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(17) Projects, programs, and technical assist-
ance associated with National Scenic Byways, All- 
American Roads, and America’s Byways eligible for 
funding under section 162. 
‘‘(18) Truck parking facilities eligible for fund-
ing 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 de-
scribed 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 High-
way System in accordance with section 119, includ-
ing 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 perform-
ance-based management program for other public 
roads. 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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 mitiga-
tion banks, contributions to statewide and regional 
efforts to conserve, restore, enhance, and create nat-
ural 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 accord-
ance with applicable Federal law (including regula-
tions), on the conditions that— 
‘‘(A) contributions to those mitigation ef-
forts may— 
‘‘(i) take place concurrent with or in 
advance of project construction; and 
‘‘(ii) occur in advance of project con-
struction 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 nat-
ural habitat or wetland mitigation effort relat-
ing to a project funded under this title that has 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
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 transpor-
tation 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, ma-
rine highway, or intermodal facility, but only to the 
extent that the Secretary concurs with the State 
that— 
‘‘(A) the project will make significant im-
provement to freight movements on the national 
freight network; 
‘‘(B) the public benefit of the project ex-
ceeds the Federal investment; and 
‘‘(C) the project provides a better return 
than a highway project on a segment of the pri-
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
mary freight network, except that a State may 
not obligate in excess of 5 percent of funds ap-
portioned 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 High-
way System; or 
‘‘(ii) in areas with a population of less 
than 200,000, a federal-aid highway des-
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
ignated as part of the National Highway 
System; 
‘‘(B) the construction or improvements will 
enhance the level of service on the highway de-
scribed in subparagraph (A) and improve re-
gional traffic flow; and 
‘‘(C) the construction or improvements are 
more cost-effective, as determined by benefit- 
cost analysis, than an improvement to the high-
way 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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), 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
for local access roads under section 14501 of title 40, 
United States Code, transportation mobility program 
projects may not be undertaken on roads functionally clas-
sified as local or rural minor collectors. 
‘‘(f) 
APPLICABILITY
OF
PLANNING
REQUIRE-
MENTS.—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 appor-
tioned 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
100 
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 in-
adequate needs to justify the expenditure. 
‘‘(3) CREDIT FOR BRIDGES NOT ON FEDERAL- 
AID HIGHWAYS.—Notwithstanding any other provi-
sion 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 cer-
tified by the State to have been carried out in ac-
cordance with all standards applicable to such 
projects under this section, and is determined by the 
Secretary upon completion to be no longer a defi-
cient 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 per-
cent 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 sec-
tion; and 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
101 
‘‘(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 Sec-
retary such adjustments to the amount of obliga-
tions referred to in paragraph (1)(B) as the State 
determines to be necessary. 
‘‘(3) EFFECT
OF
APPROVAL
BY
THE
SEC-
RETARY.—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 avail-
able under this title. 
‘‘(i) OBLIGATION AUTHORITY.— 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
103 
‘‘(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 pro-
gram under section 104(b) and the bridge program 
under section 144’’ and inserting ‘‘the transpor-
tation mobility program under section 104(b)’’. 
(b) DISADVANTAGED BUSINESS ENTERPRISE.—Sec-
tion 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),’’. 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
104 
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 insert-
ing the following: 
‘‘(2) FUNDING.— 
‘‘(A) IN GENERAL.—From administrative 
funds made available under section 104(a), the 
Secretary shall deduct such sums as are nec-
essary, 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, ex-
cept that of funds so made available for each 
fiscal year, $2,000,000 shall be available only to 
carry out intergovernmental enforcement ef-
forts, including research and training.’’; and 
(B) in paragraph (8)— 
(i) in the paragraph heading by strik-
ing 
‘‘SURFACE
TRANSPORTATION
PRO-
GRAM’’ and inserting ‘‘TRANSPORTATION 
MOBILITY PROGRAM’’; and 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
105 
(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: 
‘‘§ 144. National bridge and tunnel inventory and in-
spection 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 mainte-
nance of bridges, and replacement and rehabili-
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
106 
tation of deficient bridges, should be under-
taken through an overall asset management ap-
proach 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 ap-
proach and cost-effective strategy for systematic 
preventative maintenance, replacement, and re-
habilitation 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 per-
formance 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 High-
way System bridges and bridges on all public 
roads. 
‘‘(b) NATIONAL
BRIDGE
AND
TUNNEL
INVEN-
TORIES.— 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
107 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, shall— 
‘‘(A) inventory all highway bridges on pub-
lic roads that are bridges over waterways, other 
topographical barriers, other highways, and 
railroads; 
‘‘(B) classify the bridges according to serv-
iceability, 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 service-
ability of the bridge is restricted or diminished; 
and 
‘‘(C) based on that classification, assign 
each a risk-based priority for systematic pre-
ventative maintenance, replacement, or rehabili-
tation. 
‘‘(2) 
TRIBALLY
OWNED
AND
FEDERALLY 
OWNED BRIDGES.—As part of the activities carried 
out under paragraph (1), the Secretary, in consulta-
tion with the Secretaries of appropriate Federal 
agencies, shall— 
‘‘(A) inventory all tribally owned and Fed-
erally owned highway bridges that are open to 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
108 
the public, over waterways, other topographical 
barriers, other highways, and railroads; 
‘‘(B) classify the bridges according to serv-
iceability, safety, and essentiality for public use; 
and 
‘‘(C) based on the classification, assign 
each a risk-based priority for systematic pre-
ventative maintenance, replacement, or rehabili-
tation. 
‘‘(3) TUNNELS.—The Secretary shall establish 
a national inventory of highway tunnels reflecting 
the findings of the most recent highway tunnel in-
spections conducted by States under this section. 
‘‘(c) GENERAL BRIDGE AUTHORITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (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 Gen-
eral Bridge Act of 1946 (33 U.S.C. 525(b)) and sec-
tion 9 of the Act of March 3, 1899 (33 U.S.C. 401), 
shall not apply to any bridge constructed, recon-
structed, rehabilitated, or replaced with assistance 
under this title, if the bridge is over waters that— 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
109 
‘‘(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 au-
thorized by subsection (b); and 
‘‘(B) submit to the Committee on Trans-
portation and Infrastructure of the House of 
Representatives and the Committee on Environ-
ment 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 re-
port element level data to the Secretary, as each 
bridge is inspected pursuant to this section, for all 
highway bridges on the National Highway System. 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
110 
‘‘(3) GUIDANCE.—The Secretary shall provide 
guidance to States and Federal agencies for imple-
mentation of this subsection, while respecting the ex-
isting 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 ele-
ment-level data collection for bridges not on the 
National Highway System; and 
‘‘(B) submit to the Committee on Trans-
portation and Infrastructure of the House of 
Representatives and the Committee on Environ-
ment 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 oper-
ated by an agency that does not have taxing powers 
and whose functions include operating a federally as-
sisted public transit system subsidized by toll reve-
nues 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
111 
has expended for capital and operating costs to sub-
sidize such transit system. 
‘‘(2) INSUFFICIENT
ASSETS.—Before author-
izing an expenditure of funds under this subsection, 
the Secretary shall determine that the applicant 
agency has insufficient reserves, surpluses, and pro-
jected revenues (over and above those required for 
bridge and transit capital and operating costs) to 
fund the bridge project or activity eligible for assist-
ance under this title. 
‘‘(3) CREDITING
OF
NON-FEDERAL
FUNDS.— 
Any non-Federal funds expended for the seismic ret-
rofit 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 appor-
tioned 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); 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
112 
‘‘(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 ob-
solete as a result of a Corps of Engineers flood 
control or channelization project and is not re-
built 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 deter-
mine the historic significance of the bridges. 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
113 
‘‘(4) ELIGIBILITY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), reasonable costs associated with ac-
tions to preserve, or reduce the impact of a 
project under this chapter on, the historic integ-
rity of a historic bridge shall be eligible as reim-
bursable 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 traf-
fic, 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 pri-
vate entity if the State, locality, or responsible entity 
enters into an agreement— 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
114 
‘‘(A) to maintain the bridge and the fea-
tures that give the historic bridge its historic 
significance; and 
‘‘(B) to assume all future legal and finan-
cial responsibility for the historic bridge, which 
may include an agreement to hold the State 
transportation department harmless in any li-
ability 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 pur-
suant to this title. 
‘‘(h) NATIONAL BRIDGE AND TUNNEL INSPECTION 
STANDARDS.— 
‘‘(1) REQUIREMENT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish and maintain inspection standards for 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
115 
the proper inspection and evaluation of all high-
way bridges and tunnels for safety and service-
ability. 
‘‘(B) UNIFORMITY.—The standards under 
this subsection shall be designed to ensure uni-
formity 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 govern-
ments; 
‘‘(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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
116 
‘‘(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 pri-
vate 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 pri-
vate organizations and individuals, procedures 
for States to follow in reporting to the Sec-
retary— 
‘‘(i) critical findings relating to struc-
tural or safety-related deficiencies of high-
way bridges; and 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
117 
‘‘(ii) monitoring activities and correc-
tive 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 re-
view in accordance with subparagraph (A) iden-
tifies 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 ac-
tion plan to remedy the noncompli-
ance; or 
‘‘(II) resolving the issues of non-
compliance not later than 45 days 
after the date of notification. 
‘‘(5) PENALTY FOR NONCOMPLIANCE.— 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
118 
‘‘(A) IN GENERAL.—If a State fails to sat-
isfy the requirements of paragraph (4)(B) by 
August 1 of the calendar year following the 
year of a finding of noncompliance, the Sec-
retary shall, on October 1 of that year, and 
each year thereafter as may be necessary, re-
quire 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 ad-
dress the noncompliance; and 
‘‘(ii) require approval by the Sec-
retary. 
‘‘(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 quali-
fications for inspectors; and 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
119 
‘‘(B) the frequency of inspection. 
‘‘(7) RISK-BASED APPROACH.—In carrying out 
the revisions required by paragraph (6), the Sec-
retary shall consider a risk-based approach to deter-
mining the frequency of bridge inspections. 
‘‘(i) TRAINING PROGRAM FOR BRIDGE AND TUNNEL 
INSPECTORS.— 
‘‘(1) IN GENERAL.—The Secretary, in coopera-
tion with the State transportation departments, shall 
maintain a program designed to train appropriate 
personnel to carry out highway bridge and tunnel in-
spections. 
‘‘(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: 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
120 
‘‘§ 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 de-
fined 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
PRO-
GRAM.—The term ‘highway safety improvement pro-
gram’ 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
121 
‘‘(ii) address a highway safety prob-
lem. 
‘‘(B) INCLUSIONS.—The term ‘highway 
safety improvement project’ includes, but is not 
limited to, a project for 1 or more of the fol-
lowing: 
‘‘(i) An intersection safety improve-
ment. 
‘‘(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 ad-
versely affect the safety or mobility of 
bicyclists and pedestrians, including per-
sons 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
122 
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 haz-
ard. 
‘‘(x) Installation, replacement, and 
other improvement of highway signage and 
pavement markings, or a project to main-
tain 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 im-
provement of safety data. 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
123 
‘‘(xv) Planning integrated interoper-
able emergency communications equip-
ment, operational activities, or traffic en-
forcement activities (including police as-
sistance) relating to work zone safety. 
‘‘(xvi) Installation of guardrails, bar-
riers (including barriers between construc-
tion 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 safe-
ty. 
‘‘(xxi) A road safety audit. 
‘‘(xxii) Roadway safety infrastructure 
improvements consistent with the rec-
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
124 
ommendations included in the publication 
of the Federal Highway Administration en-
titled ‘Highway Design Handbook for 
Older Drivers and Pedestrians’ (FHWA– 
RD–01–103), dated May 2001 or as subse-
quently revised and updated. 
‘‘(xxiii) Truck parking facilities eligi-
ble for funding under section 1401 of the 
MAP–21. 
‘‘(xxiv) Systemic safety improvements. 
‘‘(5) MODEL
INVENTORY
OF
ROADWAY
ELE-
MENTS.—The term ‘model inventory of roadway ele-
ments’ 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 ex-
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
125 
amination of an existing or future road or intersec-
tion 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
126 
educates the public concerning highway 
safety matters (including motorcycle safe-
ty); 
‘‘(ii) a project to enforce highway 
safety laws; and 
‘‘(iii) a project to provide infrastruc-
ture and infrastructure-related equipment 
to support emergency services. 
‘‘(11) STATE HIGHWAY SAFETY IMPROVEMENT 
PROGRAM.—The term ‘State highway safety im-
provement program’ means a program of highway 
safety improvement projects, activities, plans and re-
ports carried out as part of the Statewide transpor-
tation 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 depart-
ment 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; 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
127 
‘‘(iii) representatives of major modes 
of transportation; 
‘‘(iv) State and local traffic enforce-
ment 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 non-
motorized users; and 
‘‘(x) other major Federal, State, trib-
al, 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 emer-
gency services elements (including integrated, 
interoperable emergency communications) of 
highway safety as key factors in evaluating 
highway projects; 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
128 
‘‘(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, re-
gional, 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 Sec-
retary for approval as required under sub-
section (d)(2). 
‘‘(13) SYSTEMIC SAFETY IMPROVEMENT.—The 
term ‘systemic safety improvement’ means an im-
provement 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
129 
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 appor-
tioned under section 104(b)(3) to carry out this sec-
tion, 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 identi-
fies 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 accord-
ance with subsection (d)(1) to ensure the accu-
racy of the data and priority of proposed strate-
gies. 
‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGH-
WAY SAFETY PROBLEMS AND OPPORTUNITIES.—As 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
130 
part of the State highway safety improvement pro-
gram, a State shall— 
‘‘(A) have in place a safety data system 
with the ability to perform safety problem iden-
tification and countermeasure analysis— 
‘‘(i) to improve the timeliness, accu-
racy, 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, in-
cluding traffic records, with other data sys-
tems 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 sys-
tems of other States and national data sys-
tems; 
‘‘(v) to enhance the ability of the Sec-
retary to observe and analyze national 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
131 
trends in crash occurrences, rates, out-
comes, 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, sec-
tions, and elements (including roadside ob-
stacles, railway-highway crossing needs, 
and unmarked or poorly marked roads) 
that constitute a danger to motorists (in-
cluding motorcyclists), bicyclists, pedes-
trians, 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), fatali-
ties, 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 improve-
ment projects on the basis of crash experi-
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
132 
ence, 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 integra-
tion in a manner that— 
‘‘(i) complements the State highway 
safety program under chapter 4 and the 
commercial vehicle safety plan under sec-
tion 31102 of title 49; 
‘‘(ii) includes all public roads, includ-
ing public non-State-owned roads and 
roads on tribal land; 
‘‘(iii) identifies hazardous locations, 
sections, and elements on all public roads 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
133 
that constitute a danger to motorists (in-
cluding motorcyclists), bicyclists, pedes-
trians, 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, fa-
talities, and traffic volume levels; and 
‘‘(v) improves the ability of the State 
to identify the number of fatalities and se-
rious injuries on all public roads in the 
State with a breakdown by functional clas-
sification and ownership in the State; 
‘‘(E)(i) determine priorities for the correc-
tion 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 haz-
ard correction and hazard prevention; and 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
134 
‘‘(F)(i) establish an evaluation process to 
analyze and assess results achieved by highway 
safety improvement projects carried out in ac-
cordance with procedures and criteria estab-
lished 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 regu-
larly recurring State updates of strategic high-
way safety plans. 
‘‘(B) CONTENTS OF UPDATED STRATEGIC 
HIGHWAY SAFETY PLANS.—In establishing re-
quirements under this subsection, the Secretary 
shall ensure that States take into consideration, 
with respect to updated strategic highway safe-
ty plans— 
‘‘(i) the findings of road safety audits; 
‘‘(ii) the locations of fatalities and se-
rious injuries; 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
135 
‘‘(iii) the locations that do not have 
an empirical history of fatalities and seri-
ous injuries, but possess risk factors for 
potential crashes; 
‘‘(iv) rural roads, including all public 
roads, commensurate with fatality data; 
‘‘(v) motor vehicle crashes that in-
clude fatalities or serious injuries to pedes-
trians and bicyclists; 
‘‘(vi) the cost-effectiveness of improve-
ments; 
‘‘(vii) improvements to rail-highway 
grade crossings; and 
‘‘(viii) safety on all public roads, in-
cluding non-State-owned public roads and 
roads on tribal land. 
‘‘(2) APPROVAL OF UPDATED STRATEGIC HIGH-
WAY 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
136 
‘‘(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 un-
less— 
‘‘(i) the updated strategic highway 
safety plan is consistent with the require-
ments 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 AP-
PROVED
UPDATED
STRATEGIC
HIGHWAY
SAFETY 
PLAN.—If a State does not have an updated stra-
tegic highway safety plan with a process approved by 
the Secretary by August 1 of the fiscal year begin-
ning after the date of establishment of the require-
ments under paragraph (1)— 
‘‘(A) the State shall not be eligible to re-
ceive 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
137 
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 fis-
cal year for use under the highway safety im-
provement 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 bi-
cycle or pedestrian pathway or trail; or 
‘‘(B) as provided in subsection (f), other 
safety projects. 
‘‘(2) USE OF OTHER FUNDING FOR SAFETY.— 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS
144 
‘‘(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 im-
plement highway safety improvement projects 
under this section; 
‘‘(C) assesses the effectiveness of those im-
provements; and 
‘‘(D) describes the extent to which the im-
provements funded under this section have con-
tributed to reducing— 
‘‘(i) the number and rate of fatalities 
on all public roads with, to the maximum 
extent practicable, a breakdown by func-
tional 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 
VerDate Mar 15 2010 
23:26 Mar 22, 2012
Jkt 019200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H14.IH
H14
mstockstill on DSK4VPTVN1PROD with BILLS