I 
112TH CONGRESS 
2D SESSION 
H. R. 14 
To reauthorize Federal-aid highway and highway safety construction 
programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 21, 2012 
Mr. BISHOP of New York (for himself, Mr. RAHALL, Mr. DEFAZIO, Ms. 
BROWN of Florida, Mr. ACKERMAN, Mr. RANGEL, Mr. FILNER, Mr. 
SIRES, Ms. RICHARDSON, Mr. CUMMINGS, Ms. NORTON, Mr. RUPPERS-
BERGER, Mr. LARSEN of Washington, Mr. WELCH, Mr. HOLDEN, Mrs. 
NAPOLITANO, Ms. HIRONO, Mr. HOLT, Mr. VAN
HOLLEN, Ms. 
EDWARDS, Mr. BOSWELL, Ms. HAHN, Mr. THOMPSON of California, Mr. 
ISRAEL, Mr. HIGGINS, Mr. CICILLINE, Ms. WILSON of Florida, Mr. 
RICHMOND, Ms. MOORE, Mr. MORAN, Mr. BLUMENAUER, Ms. SPEIER, 
Mr. OWENS, Mr. JACKSON of Illinois, Mr. DOYLE, Ms. LINDA T. 
SA´NCHEZ of California, Mr. LEWIS of Georgia, Mr. LARSON of Con-
necticut, Mr. BERMAN, Mr. CONNOLLY of Virginia, Mr. LIPINSKI, Ms. 
TSONGAS, Mr. MICHAUD, Mr. PRICE of North Carolina, Mr. LANGEVIN, 
Mr. ALTMIRE, Mr. CLAY, Mr. MCNERNEY, Mr. WALZ of Minnesota, Mr. 
HONDA, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CROWLEY, Mrs. 
LOWEY, Ms. DEGETTE, Mr. TOWNS, Mr. COURTNEY, Mr. QUIGLEY, Mr. 
STARK, Mr. CARNAHAN, Mr. SMITH of Washington, Ms. MCCOLLUM, Ms. 
SLAUGHTER, Ms. ZOE LOFGREN of California, Mr. THOMPSON of Mis-
sissippi, Mr. HOYER, Mr. LUJA´N, Ms. ROYBAL-ALLARD, Mr. MCGOVERN, 
Mr. SHERMAN, Ms. SCHWARTZ, Ms. CLARKE of New York, Mr. CLARKE 
of Michigan, Mr. ANDREWS, Mr. COSTELLO, Ms. VELA´ZQUEZ, Mr. CON-
YERS, Mr. TONKO, Mr. GARAMENDI, Mr. SCOTT of Virginia, Mr. 
FALEOMAVAEGA, Mr. COSTA, Ms. DELAURO, Mr. COHEN, Mr. LYNCH, 
Mr. RUSH, Ms. PINGREE of Maine, Mr. WAXMAN, Mr. SHULER, Ms. 
WASSERMAN SCHULTZ, Ms. CHU, Mr. CHANDLER, Mr. CRITZ, and Mr. 
GEORGE MILLER of California) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
addition to the Committees on Ways and Means, Natural Resources, En-
ergy and Commerce, Agriculture, Science, Space, and Technology, the 
Budget, Oversight and Government Reform, Financial Services, Edu-
cation and the Workforce, and Foreign Affairs, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
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A BILL 
To reauthorize Federal-aid highway and highway safety 
construction programs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DI-
VISIONS; 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 divi-
sions as follows: 
(1) Division A–Federal-aid Highways and 
Highway Safety Construction Programs. 
(2) Division B–Public Transportation. 
(3) Division C–Transportation Safety and Sur-
face 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. 
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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. 
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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 re-
strictions. 
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 transpor-
tation 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 environ-
mental 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 
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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 amend-
ments. 
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 individ-
uals 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 
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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 equip-
ment 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 manu-
facturer, 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 Ad-
ministration 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 re-
calls. 
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Sec. 31312. Expanding choices of remedy available to manufacturers of replace-
ment 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, soft-
ware, 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 re-
spond to subpoena. 
Sec. 32111. Fleetwide out of service order for operating without required reg-
istration. 
Sec. 32112. Motor carrier and officer patterns of safety violations. 
Sec. 32113. Federal successor standard. 
Subtitle B—Commercial Motor Vehicle Safety 
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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 oper-
ations. 
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 re-
sults 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 
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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 inspec-
tions. 
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 evacu-
ation, 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 pas-
sengers. 
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 
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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 pol-
icy. 
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 develop-
ment, 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. 
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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 commis-
sion. 
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 fi-
nancing. 
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. 
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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 inter-
est 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-pro-
vided 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 financ-
ing 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 ve-
hicles 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 prop-
erty 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 insur-
ance 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. 
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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 pro-
gram. 
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 sys-
tems 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 Pro-
gram. 
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, finan-
cial institutions, and others that significantly impede United 
States tax enforcement. 
DIVISION G—AIR TRANSPORTATION 
Sec. 100301. Technical corrections relating to overflights of National Parks. 
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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 PRO-
GRAMS 
TITLE I—FEDERAL-AID 
HIGHWAYS 
Subtitle A—Authorizations and 
Programs 
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are author-
ized 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 pro-
gram under section 148 of that title, the congestion 
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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
FI-
NANCE AND INNOVATION PROGRAM.—For credit as-
sistance under the transportation infrastructure fi-
nance 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 TRANSPOR-
TATION PROGRAMS.— 
(A) 
TRIBAL
TRANSPORTATION
PRO-
GRAM.—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 transpor-
tation program under section 203 of title 23, 
United States Code, $300,000,000 for each of 
fiscal 
years 
2012 
and 
2013, 
of 
which 
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$260,000,000 of the amount made available for 
each fiscal year shall be the amount for the Na-
tional 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 fol-
lowing 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 
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concern or group of concerns controlled by 
the same socially and economically dis-
advantaged 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
DIS-
ADVANTAGED
INDIVIDUALS.—The term ‘‘so-
cially and economically disadvantaged individ-
uals’’ means— 
(i) women; and 
(ii) any other socially and economi-
cally disadvantaged individuals (as the 
term is used in section 8(d) of the Small 
Business Act (15 U.S.C. 637(d)) and rel-
evant subcontracting regulations promul-
gated pursuant to that Act). 
(2) AMOUNTS
FOR
SMALL
BUSINESS
CON-
CERNS.—Except to the extent that the Secretary de-
termines otherwise, not less than 10 percent of the 
amounts made available for any program under divi-
sions A and B of this Act and section 403 of title 
23, United States Code, shall be expended through 
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small business concerns owned and controlled by so-
cially and economically disadvantaged individuals. 
(3) ANNUAL LISTING OF DISADVANTAGED BUSI-
NESS 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 dis-
advantaged 
individuals 
(other 
than 
women); and 
(iii) individuals who are women and 
are otherwise socially and economically dis-
advantaged individuals. 
(4) UNIFORM CERTIFICATION.— 
(A) IN GENERAL.—The Secretary shall es-
tablish minimum uniform criteria for use by 
State governments in certifying whether a con-
cern qualifies as a small business concern for 
the purpose of this subsection. 
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(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 pre-
ferred. 
(5) REPORTING.—The Secretary shall establish 
minimum requirements for use by State govern-
ments in reporting to the Secretary— 
(A) information concerning disadvantaged 
business enterprise awards, commitments, and 
achievements; and 
(B) such other information as the Sec-
retary determines to be appropriate for the 
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proper monitoring of the disadvantaged busi-
ness enterprise program. 
(6) COMPLIANCE WITH COURT ORDERS.—Noth-
ing in this subsection limits the eligibility of an indi-
vidual 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 per-
son 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 require-
ment or the implementation of paragraph (2) is un-
constitutional. 
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); 
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(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 As-
sistance Act of 1987 (101 Stat. 198); 
(6) sections 1103 through 1108 of the Inter-
modal 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 ob-
ligation 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; 
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(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 Sec-
retary— 
(1) shall not distribute obligation authority pro-
vided 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; 
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(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 Ac-
count) 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 pro-
vided 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 aggre-
gate of amounts not distributed under para-
graphs (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 au-
thorized to be appropriated for section 119 of 
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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 pro-
vided 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 Sec-
retary 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 para-
graph (3); by 
(B) the amounts authorized to be appro-
priated for each such program for the fiscal 
year; and 
(5) shall distribute the obligation authority pro-
vided 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 construc-
tion programs that are apportioned by the Secretary 
under title 23, United States Code (other than the 
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amounts apportioned for the national highway per-
formance program in section 119 of title 23, United 
States Code, that are exempt from the limitation 
under subsection (b)(12) and the amounts appor-
tioned under section 204 of that title) in the propor-
tion 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 ap-
portioned under title 23, United States Code, to 
all States for the fiscal year. 
(d) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (c), the Secretary 
shall, after August 1 of each of fiscal years 2012 through 
2013— 
(1) revise a distribution of the obligation au-
thority 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 
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priority to those States having large unobligated bal-
ances 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 para-
graph (2), obligation limitations imposed by sub-
section (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 fis-
cal 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.— 
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(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 pro-
gram under section 202 of title 23, United States 
Code) that— 
(A) are authorized to be appropriated for 
the fiscal year for Federal-aid highway pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States (or will not be appor-
tioned to the States under section 204 of title 
23, United States Code), and will not be avail-
able 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 dis-
tribution 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. 
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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 fol-
lowing: 
‘‘(2) ASSET
MANAGEMENT.—The term ‘asset 
management’ means a strategic and systematic proc-
ess of operating, maintaining, and improving phys-
ical assets, with a focus on both engineering and 
economic analysis based upon quality information, to 
identify a structured sequence of maintenance, pres-
ervation, repair, rehabilitation, and replacement ac-
tions that will achieve and sustain a desired state of 
good repair over the lifecycle of the assets at min-
imum practicable cost.’’; 
(4) in paragraph (4) (as redesignated by para-
graph (2))— 
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(A) in the matter preceding subparagraph 
(A), by inserting ‘‘or any project eligible for as-
sistance under this title’’ after ‘‘of a highway’’; 
(B) by striking subparagraph (A) and in-
serting 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 specifica-
tions of the National Oceanic and Atmospheric 
Administration), and architectural-related serv-
ices;’’; 
(C) in subparagraph (B)— 
(i) by inserting ‘‘reconstruction,’’ be-
fore ‘‘resurfacing’’; and 
(ii) by striking ‘‘and rehabilitation’’ 
and inserting ‘‘rehabilitation, and preserva-
tion’’; 
(D) in subparagraph (E) by striking ‘‘rail-
way’’ and inserting ‘‘railway-highway’’; and 
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(E) in subparagraph (F) by striking ‘‘ob-
stacles’’ 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 re-
designated) the following: 
‘‘(7) FEDERAL
LANDS
ACCESS
TRANSPOR-
TATION 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 FACIL-
ITY.—The term ‘Federal lands transportation facil-
ity’ 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 Fed-
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eral lands transportation facility inventory described 
in section 203(c).’’; 
(7) in paragraph (11)(B) by inserting ‘‘includ-
ing public roads on dams’’ after ‘‘drainage struc-
ture’’; 
(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 ‘‘at-
tainment 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 under-
taking’’; 
(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 redesig-
nated) and inserting the following: 
‘‘(23) SAFETY
IMPROVEMENT
PROJECT.—The 
term ‘safety improvement project’ means a strategy, 
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activity, or project on a public road that is con-
sistent 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 sec-
tion 148(a).’’; 
(13) by striking paragraph (29) (as so redesig-
nated) and inserting the following: 
‘‘(29) TRANSPORTATION ENHANCEMENT ACTIV-
ITY.—The term ‘transportation enhancement activ-
ity’ means any of the following activities when car-
ried out as part of any program or project author-
ized 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. 
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‘‘(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 build-
ings, 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 activ-
ity, 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 activi-
ties described in sections 133(b)(11), 
328(a), and 329; or 
‘‘(ii) reduce vehicle-caused wildlife 
mortality or to restore and maintain 
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connectivity among terrestrial or aquatic 
habitats.’’; and 
(14) by inserting after paragraph (29) (as so 
redesignated) the following: 
‘‘(30) TRANSPORTATION
SYSTEMS
MANAGE-
MENT AND OPERATIONS.— 
‘‘(A) IN GENERAL.—The term ‘transpor-
tation systems management and operations’ 
means integrated strategies to optimize the per-
formance of existing infrastructure through the 
implementation of multimodal and intermodal, 
cross-jurisdictional 
systems, 
services, 
and 
projects designed to preserve capacity and im-
prove security, safety, and reliability of the 
transportation system. 
‘‘(B) INCLUSIONS.—The term ‘transpor-
tation systems management and operations’ in-
cludes— 
‘‘(i) actions such as traffic detection 
and surveillance, corridor management, 
freeway management, arterial manage-
ment, active transportation and demand 
management, 
work 
zone 
management, 
emergency management, traveler informa-
tion services, congestion pricing, parking 
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management, automated enforcement, traf-
fic control, commercial vehicle operations, 
freight management, and coordination of 
highway, rail, transit, bicycle, and pedes-
trian operations; and 
‘‘(ii) coordination of the implementa-
tion of regional transportation system 
management and operations investments 
(such as traffic incident management, trav-
eler information services, emergency man-
agement, roadway weather management, 
intelligent transportation systems, commu-
nication 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 fa-
cility inventory described in section 202(b)(1). 
‘‘(32) TRUCK
STOP
ELECTRIFICATION
SYS-
TEM.—The term ‘truck stop electrification system’ 
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means a system that delivers heat, air conditioning, 
electricity, or communications to a heavy-duty vehi-
cle.’’. 
(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: 
‘‘§ 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 connec-
tions to transportation facilities that shall— 
‘‘(A) serve major population centers, inter-
national border crossings, ports, airports, public 
transportation facilities, and other intermodal 
transportation facilities and other major travel 
destinations; 
‘‘(B) meet national defense requirements; 
and 
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‘‘(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 de-
picted on the map submitted by the Secretary 
of Transportation to Congress with the report 
entitled ‘Pulling Together: The National High-
way System and its Connections to Major Inter-
modal 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 arte-
rial 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 Na-
tional Highway System before the date of en-
actment of the MAP–21 but that provide motor 
vehicle access between arterial routes on the 
National Highway System and a major inter-
modal transportation facility. 
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‘‘(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 de-
fense access, continuity, and emergency ca-
pabilities for the movement of personnel, 
materials, and equipment in both peace-
time and wartime, and that were not in-
cluded 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 Sec-
retary, in consultation with appropriate 
Federal agencies and the States. 
‘‘(E) Major strategic highway network con-
nectors that— 
‘‘(i) consist of highways that provide 
motor vehicle access between major mili-
tary installations and highways that are 
part of the strategic highway network but 
were not included on the National High-
way System before the date of enactment 
of the MAP–21; and 
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‘‘(ii) shall be designated by the Sec-
retary, in consultation with appropriate 
Federal agencies and the States. 
‘‘(3) MODIFICATIONS TO NHS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make any modification, including any modifica-
tion consisting of a connector to a major inter-
modal terminal, to the National Highway Sys-
tem 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 transpor-
tation characteristics of the National High-
way System. 
‘‘(B) COOPERATION.— 
‘‘(i) IN
GENERAL.—In proposing a 
modification under this paragraph, a State 
shall cooperate with local and regional offi-
cials. 
‘‘(ii) URBANIZED AREAS.—In an ur-
banized area, the local officials shall act 
through the metropolitan planning organi-
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zation designated for the area under sec-
tion 134. 
‘‘(c) INTERSTATE SYSTEM.— 
‘‘(1) DESCRIPTION.— 
‘‘(A) IN GENERAL.—The Dwight D. Eisen-
hower National System of Interstate and De-
fense Highways within the United States (in-
cluding 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 pro-
vided in clause (ii), highways on the Inter-
state System shall be designed in accord-
ance 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 Inter-
state System shall be located so as— 
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‘‘(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 prac-
ticable, 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 ac-
tion 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 para-
graph (4). 
‘‘(3) MODIFICATIONS.—The Secretary may ap-
prove or require modifications to the Interstate Sys-
tem in a manner consistent with the policies and 
procedures established under this subsection. 
‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.— 
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‘‘(A) ADDITIONS.—If the Secretary deter-
mines 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 affirma-
tive 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
INTER-
STATE SYSTEM ROUTES.— 
‘‘(i) IN GENERAL.—Subject to clauses 
(ii) through (vi), if the Secretary deter-
mines that a highway on the National 
Highway System would be a logical addi-
tion or connection to the Interstate System 
and would qualify for designation as a 
route on the Interstate System under sub-
paragraph (A) if the highway met all 
standards of a highway on the Interstate 
System, the Secretary may, upon the af-
firmative recommendation of the State or 
States in which the highway is located, 
designate the highway as a future Inter-
state System route. 
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‘‘(ii) WRITTEN AGREEMENT.—A des-
ignation 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
CON-
STRUCTION.—If a State described in clause 
(i) has not substantially completed the con-
struction 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.—Re-
moval 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 pro-
vision of law providing for addition to the 
Interstate System. 
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‘‘(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 lim-
itation 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 sub-
paragraph, 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 geo-
metric 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 
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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 Sys-
tem 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 estab-
lished 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 Sys-
tem that possess national or exceptional 
historic significance (such as a historic 
bridge or a highly significant engineering 
feature); and 
‘‘(ii) those elements shall be consid-
ered to be historic sites under section 303 
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of title 49 or section 138 of this title, as 
applicable. 
‘‘(C) CONSTRUCTION, MAINTENANCE, RES-
TORATION, AND REHABILITATION ACTIVITIES.— 
Subparagraph (B) does not prohibit a State 
from carrying out construction, maintenance, 
preservation, restoration, or rehabilitation ac-
tivities for a portion of the Interstate System 
referred to in subparagraph (B) upon compli-
ance 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 insert-
ing ‘‘, in subsections (c)(18) and (c)(20), and in 
subparagraphs (A)(iii) and (B) of subsection 
(c)(26)’’; and 
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(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 seg-
ment 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 Trans-
portation 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 des-
ignated 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— 
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(A) in subsection (a) by striking ‘‘the Fed-
eral-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: 
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‘‘§ 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 avail-
able 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 ad-
ministrative activities associated with the Appa-
lachian development highway system; and 
‘‘(C) to reimburse, as appropriate, the Of-
fice of Inspector General of the Department of 
Transportation for the conduct of annual audits 
of financial statements in accordance with sec-
tion 3521 of title 31. 
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‘‘(3) AVAILABILITY.—The amounts made avail-
able 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 im-
provement 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 PRO-
GRAM.—For the national highway performance pro-
gram, 58 percent of the amount remaining after dis-
tributing amounts under paragraphs (4) and (6). 
‘‘(2) TRANSPORTATION MOBILITY PROGRAM.— 
For the transportation mobility program, 29.3 per-
cent of the amount remaining after distributing 
amounts under paragraphs (4) and (6). 
‘‘(3) HIGHWAY
SAFETY
IMPROVEMENT
PRO-
GRAM.—For the highway safety improvement pro-
gram, 7 percent of the amount remaining after dis-
tributing amounts under paragraphs (4) and (6). 
‘‘(4) CONGESTION MITIGATION AND AIR QUAL-
ITY IMPROVEMENT PROGRAM.—For the congestion 
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mitigation and air quality improvement program, an 
amount determined by multiplying the amount de-
termined 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 appor-
tioned to the State for that fiscal year for the 
programs referred to in section 105(a)(2) (ex-
cept for the high priority projects program re-
ferred 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 para-
graphs (4) and (6). 
‘‘(6) METROPOLITAN PLANNING.—To carry out 
section 134, an amount determined by multiplying 
the amount determined for the State under sub-
section (c) by the proportion that— 
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‘‘(A) the amount apportioned to the State 
to carry out section 134 for fiscal year 2009; 
bears to 
‘‘(B) the total amount of funds appor-
tioned to the State for that fiscal year for the 
programs referred to in section 105(a)(2) (ex-
cept for the high priority projects program re-
ferred 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 ap-
portionment by the share for each State which 
shall be equal to the proportion that— 
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‘‘(i) the amount of apportionments 
and allocations that the State received for 
fiscal years 2005 through 2009; bears to 
‘‘(ii) the amount of those apportion-
ments 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 com-
bined 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 re-
cent 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 oper-
ated toll road that is subject to an 
agreement giving a private entity— 
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‘‘(aa) control over the oper-
ation of the highway; and 
‘‘(bb) ownership over the toll 
revenues collected from the oper-
ation of the highway. 
‘‘(II) 
EXCLUSION.—The 
term 
‘privatized highway’ does not include 
any highway or toll road that was 
originally— 
‘‘(aa) financed and con-
structed 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 multi-
plying— 
‘‘(I) the amount to be appor-
tioned to the State, as so adjusted 
under those subparagraphs; and 
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‘‘(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 mul-
tiplying— 
‘‘(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 
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National Highway System 
routes in the State; bears to 
‘‘(BB) the total number 
of vehicle miles traveled on 
all lanes on National High-
way System routes in the 
State. 
‘‘(iv) 
REAPPORTIONMENT.—An 
amount withheld from apportionment to a 
State under clause (ii) shall be reappor-
tioned 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 mitiga-
tion and air quality improvement program under 
section 149, the national freight program under sec-
tion 167, and to carry out section 134 in accordance 
with paragraph (1). 
‘‘(d) METROPOLITAN PLANNING.— 
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‘‘(1) USE OF AMOUNTS.— 
‘‘(A) USE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the amounts appor-
tioned to a State under subsection (b)(6) 
shall be made available by the State to the 
metropolitan planning organizations re-
sponsible for carrying out section 134 in 
the State. 
‘‘(ii) STATES RECEIVING MINIMUM AP-
PORTIONMENT.—A State that received the 
minimum apportionment for use in car-
rying out section 134 for fiscal year 2009 
may, subject to the approval of the Sec-
retary, 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 or-
ganization to the State to fund activities under 
section 135. 
‘‘(2) DISTRIBUTION
OF
AMOUNTS
WITHIN 
STATES.— 
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‘‘(A) IN GENERAL.—The distribution with-
in any State of the planning funds made avail-
able 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, metro-
politan area transportation needs, and 
other factors necessary to provide for an 
appropriate distribution of funds to carry 
out section 134 and other applicable re-
quirements 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 expend-
itures made by a metropolitan planning organi-
zation for carrying out section 134, the State 
shall reimburse, from amounts distributed 
under this paragraph to the metropolitan plan-
ning organization by the State, the metropoli-
tan planning organization for those expendi-
tures. 
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‘‘(3) DETERMINATION
OF
POPULATION
FIG-
URES.—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, cer-
tify to each of the State transportation depart-
ments the amount that has been apportioned to 
the State under this section for the fiscal year; 
and 
‘‘(B) to permit the States to develop ade-
quate 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 
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of that fiscal year, the Secretary shall submit, by not 
later than that date, to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Environment and Pub-
lic 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 of-
ficial 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 De-
partment. 
‘‘(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 subpara-
graph (B), amounts made available for transit 
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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 provi-
sions of this title relating to the non-Federal 
share shall apply to the amounts transferred 
under subparagraph (A). 
‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH-
WAY PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), amounts made available for highway 
projects or transportation planning under chap-
ter 53 of title 49 may be transferred to and ad-
ministered by the Secretary in accordance with 
this title. 
‘‘(B) NON-FEDERAL
SHARE.—The provi-
sions of chapter 53 of title 49 relating to the 
non-Federal share shall apply to amounts trans-
ferred under subparagraph (A). 
‘‘(3) TRANSFER OF FUNDS AMONG STATES OR 
TO FEDERAL HIGHWAY ADMINISTRATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary may, at the request of 
a State, transfer amounts apportioned or allo-
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cated under this title to the State to another 
State, or to the Federal Highway Administra-
tion, 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
URBAN-
IZED AREAS.—Amounts that are apportioned or 
allocated to a State under subsection (b)(3) (as 
in effect on the day before the date of enact-
ment 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 plan-
ning organization designated for the area con-
curs, 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.’’ 
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‘‘(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 construc-
tion programs during the preceding fiscal year; 
‘‘(2) the balance, as of the last day of the pre-
ceding 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 appor-
tioned 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, includ-
ing 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 ‘‘sec-
tions 104(b)(l) and 104(b)(3)’’ and inserting ‘‘section 
104(b)(2)’’. 
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SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM. 
(a) IN GENERAL.—Section 119 of title 23, United 
States Code, is amended to read as follows: 
‘‘§ 119. National highway performance program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and implement a national highway performance pro-
gram under this section. 
‘‘(b) PURPOSES.—The purposes of the national high-
way 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 sup-
port progress toward the achievement of perform-
ance targets for infrastructure condition and per-
formance. 
‘‘(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 de-
fined in section 103. 
‘‘(d) ELIGIBLE PROJECTS.—Funds apportioned to a 
State to carry out the national highway performance pro-
gram may be obligated only for a project on an eligible 
facility that is— 
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‘‘(1) a project, or is part of a program of 
projects, supporting progress toward the achieve-
ment 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, resur-
facing, 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 pro-
tection 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 tun-
nels on the National Highway System. 
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‘‘(D) Inspection and evaluation, as de-
scribed in section 144, of bridges and tunnels 
on the National Highway System, and inspec-
tion and evaluation of other highway infrastruc-
ture assets on the National Highway System, 
including signs and sign structures, earth re-
taining walls, and drainage structures. 
‘‘(E) Training of bridge and tunnel inspec-
tors, as described in section 144. 
‘‘(F) Construction, rehabilitation, or re-
placement of existing ferry boats and ferry boat 
facilities, including approaches, that connect 
road segments of the National Highway Sys-
tem. 
‘‘(G) Construction, reconstruction, resur-
facing, restoration, rehabilitation, and preserva-
tion of, and operational improvements for, a 
Federal-aid highway not on the National High-
way 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 high-
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way 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 high-
way described in clause (i) and improve re-
gional traffic flow; and 
‘‘(iii) the construction or improve-
ments are more cost-effective, as deter-
mined by benefit-cost analysis, than an im-
provement 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 seg-
ments of the National Highway System. 
‘‘(J) Capital and operating costs for traffic 
and traveler information monitoring, manage-
ment, and control facilities and programs. 
‘‘(K) Development and implementation of 
a State asset management plan for the National 
Highway System in accordance with this sec-
tion, including data collection, maintenance, 
and integration and the cost associated with ob-
taining, updating, and licensing software and 
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equipment required for risk-based asset man-
agement and performance-based management. 
‘‘(L) Infrastructure-based intelligent trans-
portation systems capital improvements. 
‘‘(M) Environmental restoration and pollu-
tion abatement in accordance with section 328. 
‘‘(N) Control of noxious weeds and aquatic 
noxious weeds and establishment of native spe-
cies in accordance with section 329. 
‘‘(O) In accordance with all applicable 
Federal law (including regulations), participa-
tion 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, con-
tributions to statewide and regional efforts to 
conserve, restore, enhance, and create natural 
habitats and wetlands, and development of 
statewide and regional natural habitat and wet-
lands conservation and mitigation plans, includ-
ing any such banks, efforts, and plans devel-
oped in accordance with applicable Federal law 
(including 
regulations), 
on 
the 
conditions 
that— 
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‘‘(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 require-
ments of Federal law (including regu-
lations) 
and 
State 
transportation 
planning processes; and 
‘‘(ii) with respect to participation in a 
natural habitat or wetland mitigation ef-
fort relating to a project funded under this 
title that has an impact that occurs within 
the service area of a mitigation bank, pref-
erence is given, to the maximum extent 
practicable, to the use of the mitigation 
bank if the bank contains sufficient avail-
able credits to offset the impact and the 
bank is approved in accordance with appli-
cable Federal law (including regulations). 
‘‘(P) Replacement (including replacement 
with fill material), rehabilitation, preservation, 
and 
protection 
(including 
scour 
counter-
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measures, seismic retrofits, impact protection 
measures, security countermeasures, and pro-
tection against extreme events) of bridges on 
Federal-aid highways (other than on the Na-
tional Highway System). 
‘‘(e) LIMITATION ON NEW CAPACITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the maximum amount that a State may 
obligate under this section for projects under sub-
paragraphs (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 dur-
ing 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. 
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‘‘(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 condi-
tion and system performance. 
‘‘(2) PERFORMANCE
DRIVEN
PLAN.—A State 
asset management plan shall include strategies lead-
ing 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 manage-
ment plan shall, at a minimum, be in a form that 
the Secretary determines to be appropriate and in-
clude— 
‘‘(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; 
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‘‘(D) lifecycle cost and risk management 
analysis; 
‘‘(E) a financial plan; and 
‘‘(F) investment strategies. 
‘‘(4) STANDARDS AND MEASURES.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), not later than 18 months after the 
date of enactment of the MAP–21, the Sec-
retary shall, in consultation with State depart-
ments of transportation and other stakeholders, 
establish— 
‘‘(i) minimum standards for States to 
use in developing and operating pavement 
management systems and bridge manage-
ment systems; 
‘‘(ii) measures for States to use to as-
sess— 
‘‘(I) the condition of pavements 
on the Interstate system; 
‘‘(II) the condition of pavements 
on the National Highway System (ex-
cluding the Interstate); 
‘‘(III) the condition of bridges on 
the National Highway System; 
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‘‘(IV) the performance of the 
Interstate System; and 
‘‘(V) the performance of the Na-
tional Highway System (excluding the 
Interstate System); 
‘‘(iii) the data elements that are nec-
essary to collect and maintain data, and a 
standardized process for collection and 
sharing of data with appropriate govern-
mental entities at the Federal, State, and 
local levels (including metropolitan plan-
ning organizations), to carry out para-
graph (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 pro-
posed by the Secretary under that sub-
paragraph; and 
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‘‘(ii) take into consideration any com-
ments 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 es-
tablish targets that address each of the per-
formance 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 
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‘‘(B) State targets that address the per-
formance 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 Sec-
retary shall— 
‘‘(i) review the process; and 
‘‘(ii)(I) certify that the process meets 
the requirements established by the Sec-
retary; or 
‘‘(II) deny certification and specify ac-
tions 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 man-
agement plan for the National Highway System 
meets the requirements for the process, as es-
tablished by the Secretary. 
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‘‘(C) OPPORTUNITY TO CURE.—If the Sec-
retary 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 spe-
cific 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 tar-
gets for each of the performance measures 
for the National Highway System; and 
‘‘(iii) the effectiveness of the invest-
ment strategy documented in the State 
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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 Sec-
retary 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 stand-
ards and measures described in paragraph (4). 
‘‘(g) INTERSTATE SYSTEM AND NHS BRIDGE CON-
DITIONS.— 
‘‘(1) CONDITION OF INTERSTATE SYSTEM.— 
‘‘(A) PENALTY.—If, during 2 consecutive 
reporting periods, the condition of the Inter-
state System, excluding bridges on the Inter-
state System, in a State falls below the min-
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imum condition level established by the Sec-
retary under subsection (f)(4)(A)(iv), the State 
shall be required, during the following fiscal 
year— 
‘‘(i) to obligate, from the amounts ap-
portioned 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 Inter-
state maintenance program for the pur-
poses 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 re-
quired 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 suballo-
cated to metropolitan areas and other 
areas of the State under section 133(d)) to 
the apportionment of the State under sec-
tion 104(b)(1), an amount equal to 10 per-
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cent 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 ef-
fect on the day before the date of enact-
ment of the MAP–21). 
‘‘(B) RESTORATION.—The obligation re-
quirement 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 min-
imum condition level established by the Sec-
retary 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 ap-
portioned to the State under section 
104(b)(1), an amount for bridges on the 
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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 suballo-
cated to metropolitan areas and other 
areas of the State under section 133(d)) to 
the apportionment of the State under sec-
tion 104(b)(1), an amount equal to 10 per-
cent 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). 
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‘‘(B) RESTORATION.—The obligation re-
quirement 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 High-
way 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 para-
graph (2), until such date as a State has in effect 
an approved asset management plan and has estab-
lished performance targets as described in section 
119 of title 23, United States Code, that will con-
tribute to achieving the national goals for the condi-
tion and performance of the National Highway Sys-
tem, 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 appor-
tioned 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. 
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(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 man-
agement 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: 
‘‘§ 125. Emergency relief 
‘‘(a) IN GENERAL.—Subject to this section and sec-
tion 120, an emergency fund is authorized for expenditure 
by the Secretary for the repair or reconstruction of high-
ways, 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, se-
vere storm, or landslide; or 
‘‘(2) catastrophic failure from any external 
cause. 
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‘‘(b) RESTRICTION ON ELIGIBILITY.— 
‘‘(1) DEFINITION OF CONSTRUCTION PHASE.— 
In this subsection, the term ‘construction phase’ 
means the phase of physical construction of a high-
way or bridge facility that is separate from any 
other identified phases, such as planning, design, or 
right-of-way phases, in the State transportation im-
provement program. 
‘‘(2) RESTRICTION.—In no case shall funds be 
used under this section for the repair or reconstruc-
tion 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 col-
lapse due to a structural deficiency or physical 
deterioration; or 
‘‘(B) if a construction phase of a replace-
ment 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 
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(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 au-
thorized 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 sec-
tion 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 other-
wise available to carry out this section for 
each year; and 
‘‘(B)(i) pending such appropriation or re-
plenishment, the Secretary may obligate from 
any funds appropriated at any time for obliga-
tion in accordance with this title, including ex-
isting Federal-aid appropriations, such sums as 
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are necessary for the immediate prosecution of 
the work herein authorized; and 
‘‘(ii) funds obligated under this subpara-
graph shall be reimbursed from the appropria-
tion 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 high-
ways 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 Gov-
ernor of the State with concurrence by the Sec-
retary, unless the President has declared the 
emergency to be a major disaster for the pur-
poses 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 applica-
tion from the State transportation department 
that includes a comprehensive list of all eligible 
project sites and repair costs by not later than 
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2 years after the natural disaster or cata-
strophic failure. 
‘‘(2) COST LIMITATION.— 
‘‘(A) DEFINITION OF COMPARABLE FACIL-
ITY.—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 char-
acter 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 ex-
ceed 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 nec-
essary costs of maintenance and operation of ferry-
boats or additional transit service providing tem-
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porary 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, FED-
ERAL LANDS TRANSPORTATION FACILITIES, AND PUBLIC 
ROADS ON FEDERAL LANDS.— 
‘‘(1) DEFINITION OF OPEN TO PUBLIC TRAV-
EL.—In this subsection, the term ‘open to public 
travel’ means, with respect to a road, that, except 
during scheduled periods, extreme weather condi-
tions, or emergencies, the road is open to the general 
public for use with a standard passenger vehicle, 
without restrictive gates or prohibitive signs or regu-
lations, other than for general traffic control or re-
strictions based on size, weight, or class of registra-
tion. 
‘‘(2) 
EXPENDITURE
OF
FUNDS.—Notwith-
standing subsection (d)(1), the Secretary may ex-
pend 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 transpor-
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tation facilities, and other federally owned roads that 
are open to public travel, whether or not those facili-
ties are Federal-aid highways. 
‘‘(3) REIMBURSEMENT.— 
‘‘(A) IN GENERAL.—The Secretary may re-
imburse 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 reim-
bursements 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. 
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‘‘(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 terri-
tory shall be considered to be a Governor of a State. 
‘‘(g) PROTECTING PUBLIC SAFETY AND MAINTAIN-
ING 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 emer-
gency declaration in order to maintain the continuation 
of roadway services on roads that are threatened by con-
tinuous 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: 
‘‘§ 133. Transportation mobility program 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish 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 
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102 
‘‘(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 distrib-
uted to the State for Federal-aid highways and high-
way safety construction programs for use in the area 
that is equal to the product obtained by multi-
plying— 
‘‘(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 obliga-
tion 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 (ex-
cluding sums not subject to an obligation 
limitation) during the period. 
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