TITLE 
I—EMERGENCY 
TRANS-
PORTATION SAFETY FUND 
SEC. 101. ELIMINATION OF TRANSPORTATION ENHANCE-
MENT PROGRAM. 
(a) DEFINITION.—Section 101(a)(35) of title 23, 
United States Code, is repealed. 
(b) TRANSPORTATION ENHANCEMENT SET ASIDE.— 
Section 133 of title 23, United States Code, is amended— 
(1) in subsection (b), by striking paragraph (8); 
(2) in subsection (d), by striking paragraphs 
(2) and (5); and 
(3) in subsection (e)— 
(A) by amending paragraph (3) to read as 
follows: 
‘‘(3) PAYMENTS.—The Secretary shall make 
payments to a State of costs incurred by the State 
for the surface transportation program in accord-
ance with procedures to be established by the Sec-
retary.’’; and 
(B) by striking paragraph (5). 
(c) STATE ASSUMPTION
OF RESPONSIBILITIES.— 
Section 325(a)(2) of title 23, United States Code, is 
amended by striking ‘‘the following projects:’’ and all that 
follows and inserting ‘‘projects funded under section 
104(h).’’. 
VerDate Mar 15 2010 
22:27 Oct 04, 2011
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3085.IH
H3085
emcdonald on DSK5VPTVN1PROD with BILLS
(d) STATEWIDE TRANSPORTATION PLANNING PRIOR-
ITIES.—Section 5304(g)(4)(H) of title 49, United States 
Code, is amended by striking ‘‘, including transportation 
enhancement activities,’’. 
(e) STP SET-ASIDE PROGRAM RESCISSIONS.—Sec-
tion 10212(f) of SAFETEA–LU (Public Law 109–59) is 
amended by striking ‘‘, transportation enhancement activi-
ties,’’. 
SEC. 102. ESTABLISHMENT OF EMERGENCY TRANSPOR-
TATION SAFETY FUND. 
(a) IN GENERAL.—There is established in the Treas-
ury of the United States a trust fund to be known as the 
‘‘Emergency Transportation Safety Fund’’. 
(b) EMERGENCY RELIEF EXPENDITURES.—Section 
125(c) of title 23, United States Code, is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (3), respectively; and 
(2) by inserting before paragraph (2), as redes-
ignated, the following: 
‘‘(1) Amounts deposited into the Emergency 
Transportation Safety Fund are authorized to be ob-
ligated to carry out, in priority order, the projects on 
the current list compiled by the Secretary under sec-
tion 201(b)(1) of the Emergency Transportation 
VerDate Mar 15 2010 
22:27 Oct 04, 2011
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3085.IH
H3085
emcdonald on DSK5VPTVN1PROD with BILLS
Safety Fund Act that meet the eligibility require-
ments set forth in subsection (a).’’. 
(c) FUNDING.—Section 133(d) of title 23, United 
States Code, is amended by inserting before paragraph (3) 
the following: 
‘‘(1) EMERGENCY
TRANSPORTATION
SAFETY 
FUND.—In each fiscal year, there shall be deposited 
into the Emergency Transportation Safety Fund, es-
tablished under section 102(a) of the Emergency 
Transportation Safety Fund Act, an amount equal 
to 10 percent of the funds apportioned to a State 
under section 104(b)(3) for such fiscal year. At the 
end of each fiscal year, any unobligated amounts in 
the Fund in excess of $500,000,000 shall be made 
available for the Highway Bridge Program, in ac-
cordance with section 144.’’. 
TITLE II—EMERGENCY TRANS-
PORTATION 
SAFETY 
PRI-
ORITY LIST 
SEC. 201. EMERGENCY TRANSPORTATION PRIORITIES. 
(a) LIST.—The Secretary of Transportation, in con-
sultation with a representative sample of State and local 
government transportation officials, shall compile a 
prioritized list of emergency transportation projects, which 
VerDate Mar 15 2010 
22:27 Oct 04, 2011
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3085.IH
H3085
emcdonald on DSK5VPTVN1PROD with BILLS
will guide the allocation of funding to the States from the 
Emergency Transportation Safety Fund. 
(b) CRITERIA.—In compiling the list under sub-
section (a), the Secretary of Transportation, in addition 
to other criteria established by the Secretary, shall rank 
priorities in descending order, beginning with— 
(1) whether the project is part of the interstate 
highway system; 
(2) whether the project is a road or bridge that 
is closed for safety reasons; 
(3) the impact of the project on interstate com-
merce; 
(4) the volume of traffic affected by the project; 
and 
(5) the overall value of the project or entity. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Transpor-
tation shall submit a report to Congress that includes— 
(1) a prioritized list of emergency transpor-
tation projects to be funded through the Emergency 
Transportation Safety Fund; and 
(2) a description of the criteria used to estab-
lish the list referred to in paragraph (1). 
(d) QUARTERLY UPDATES.—Not less frequently than 
4 times per year, the Secretary of Transportation shall— 
VerDate Mar 15 2010 
22:27 Oct 04, 2011
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3085.IH
H3085
emcdonald on DSK5VPTVN1PROD with BILLS
(1) update the report submitted pursuant to 
subsection (c); 
(2) send a copy of the report to Congress; and 
(3) make a copy of the report available to the 
public through the Department of Transportation’s 
Web site. 
Æ 
VerDate Mar 15 2010 
22:27 Oct 04, 2011
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H3085.IH
H3085
emcdonald on DSK5VPTVN1PROD with BILLS