I 
113TH CONGRESS 
2D SESSION 
H. R. 5467 
To enhance the capabilities of metropolitan planning organizations, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2014 
Ms. FRANKEL of Florida (for herself, Mr. CLEAVER, and Mr. CICILLINE) in-
troduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure 
A BILL 
To enhance the capabilities of metropolitan planning 
organizations, 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. 
This Act may be cited as the ‘‘Metropolitan Planning 
Enhancement Act’’. 
SEC. 2. CONSOLIDATED AND HIGH PERFORMING METRO-
POLITAN PLANNING ORGANIZATIONS. 
(a) CONSOLIDATION OF METROPOLITAN PLANNING 
ORGANIZATIONS.— 
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(1) 
SECTION
134
AMENDMENT.—Section 
134(d)(6) of title 23, United States Code, is amend-
ed to read as follows: 
‘‘(6) CONSOLIDATION OF METROPOLITAN PLAN-
NING ORGANIZATIONS WITHIN URBANIZED AREAS.— 
‘‘(A) LIMITATION ON NEW METROPOLITAN 
PLANNING
ORGANIZATION
DESIGNATIONS.—A 
metropolitan planning organization shall not be 
newly designated— 
‘‘(i) within a metropolitan statistical 
area if another metropolitan planning or-
ganization already exists within the bound-
aries of the metropolitan statistical area; 
or 
‘‘(ii) outside of a metropolitan statis-
tical area. 
‘‘(B) MULTIPLE EXISTING METROPOLITAN 
PLANNING ORGANIZATIONS.—If multiple exist-
ing metropolitan planning organizations are 
designated within a metropolitan statistical 
area— 
‘‘(i) the metropolitan planning organi-
zations may— 
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‘‘(I) retain their designation as 
distinct metropolitan planning organi-
zations; or 
‘‘(II) be consolidated by agree-
ment between the metropolitan plan-
ning organizations; 
‘‘(ii) the Governor (or Governors) and 
the existing metropolitan planning organi-
zations shall— 
‘‘(I) revisit a determination to re-
main unconsolidated every 10 years, 
beginning two years after the next de-
cennial census; and 
‘‘(II) provide justification to the 
Secretary of the continued necessity of 
the designation of multiple metropoli-
tan planning organizations in the 
area; and 
‘‘(iii) where multiple metropolitan 
planning organizations exist within a single 
metropolitan statistical area, they shall co-
operate with one another to— 
‘‘(I) develop a single transpor-
tation improvement plan and a single 
long-range plan for use by all metro-
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politan planning organizations within 
the metropolitan statistical area when 
developing their individual plans; and 
‘‘(II) establish a single set of per-
formance targets that address the per-
formance measures described in sec-
tion 150(c) for use in developing indi-
vidual performance targets in accord-
ance with section 134(h)(2).’’. 
(2) 
SECTION
5303
AMENDMENT.—Section 
5303(d)(6) of title 49, United States Code, is 
amended to read as follows: 
‘‘(6) CONSOLIDATION OF METROPOLITAN PLAN-
NING ORGANIZATIONS WITHIN URBANIZED AREAS.— 
‘‘(A) LIMITATION ON NEW METROPOLITAN 
PLANNING
ORGANIZATION
DESIGNATIONS.—A 
metropolitan planning organization shall not be 
newly designated— 
‘‘(i) within a metropolitan statistical 
area if another metropolitan planning or-
ganization already exists within the bound-
aries of the metropolitan statistical area; 
or 
‘‘(ii) outside of a metropolitan statis-
tical area. 
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‘‘(B) MULTIPLE EXISTING METROPOLITAN 
PLANNING ORGANIZATIONS.—If multiple exist-
ing metropolitan planning organizations are 
designated within a metropolitan statistical 
area— 
‘‘(i) the metropolitan planning organi-
zations may— 
‘‘(I) retain their designation as 
distinct metropolitan planning organi-
zations; or 
‘‘(II) be consolidated by agree-
ment between the metropolitan plan-
ning organizations; 
‘‘(ii) the Governor (or Governors) and 
the existing metropolitan planning organi-
zations shall— 
‘‘(I) revisit a determination to re-
main unconsolidated every 10 years, 
beginning two years after the next de-
cennial census; and 
‘‘(II) provide justification to the 
Secretary of the continued necessity of 
the designation of multiple metropoli-
tan planning organizations in the 
area; and 
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‘‘(iii) where multiple metropolitan 
planning organizations exist within a single 
metropolitan statistical area, they shall co-
operate with one another to— 
‘‘(I) develop a single transpor-
tation improvement plan and a single 
long-range plan for use by all metro-
politan planning organizations within 
the metropolitan statistical area when 
developing their individual plans; and 
‘‘(II) establish a single set of per-
formance targets that address the per-
formance measures described in sec-
tion 150(c) of title 23, United States 
Code, for use in developing individual 
performance targets in accordance 
with subsection (h)(2) and sections 
5326(c) and 5329(d) of this title.’’. 
(3) DEFINITIONS.— 
(A) 
HIGHWAY
DEFINITION.—Section 
134(b) of title 23, United States Code, is 
amended by— 
(i) 
redesignating 
paragraphs 
(1) 
through (7) as paragraphs (2) through (8); 
and 
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(ii) inserting before paragraph (2), as 
redesignated, the following: 
‘‘(1) CONSOLIDATED METROPOLITAN PLANNING 
ORGANIZATION.—The term ‘consolidated metropoli-
tan planning organization’ means a sole metropoli-
tan planning organization that serves a metropolitan 
statistical area.’’. 
(B) 
TRANSIT
DEFINITION.—Section 
5303(b) of title 49, United States Code, is 
amended by— 
(i) 
redesignating 
paragraphs 
(1) 
through (7) as paragraphs (2) through (8); 
and 
(ii) inserting before paragraph (2), as 
redesignated, the following: 
‘‘(1) CONSOLIDATED METROPOLITAN PLANNING 
ORGANIZATION.—The term ‘consolidated metropoli-
tan planning organization’ means a sole metropoli-
tan planning organization that serves a metropolitan 
statistical area.’’. 
(b) DESIGNATION OF HIGH-PERFORMING METRO-
POLITAN PLANNING ORGANIZATIONS.— 
(1) SECTION 134 AMENDMENT.—Section 134 of 
title 23, United States Code, as amended by this 
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Act, is further amended by adding at the end the 
following: 
‘‘(r) HIGH-PERFORMING METROPOLITAN PLANNING 
ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—A metropolitan planning 
organization that represents an urbanized area with 
a population of over 200,000 individuals may re-
quest a high-performing metropolitan planning orga-
nization designation from the Secretary. 
‘‘(2) CRITERIA.—In making a high-performing 
metropolitan planning organization designation, the 
Secretary shall consider— 
‘‘(A) the extent to which the metropolitan 
planning organization has an equitable and re-
gional approach to decisionmaking; 
‘‘(B) the extent to which the metropolitan 
planning organization has incorporated its per-
formance targets established pursuant to sec-
tion 150 of this title and sections 5303(h)(2), 
5326(c), and 5329(d) of title 49 into its plan-
ning process; 
‘‘(C) whether the metropolitan planning or-
ganization is a consolidated metropolitan plan-
ning organization; 
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‘‘(D) if the metropolitan planning organi-
zation is not a consolidated metropolitan plan-
ning organization, the extent to which the met-
ropolitan planning organization is coordinating 
with all other metropolitan planning organiza-
tions designated for the same metropolitan sta-
tistical area; 
‘‘(E) the technical capacity of the metro-
politan planning organization; and 
‘‘(F) other criteria established by the Sec-
retary in guidance. 
‘‘(3) REVIEW.—A designation under paragraph 
(1) shall stay in effect for 10 years from the date 
of designation.’’. 
(2) SECTION 5303 AMENDMENT.—Section 5303 
of title 49, United States Code, as amended by this 
Act, is further amended by adding at the end the 
following: 
‘‘(r) HIGH-PERFORMING METROPOLITAN PLANNING 
ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—A metropolitan planning 
organization that represents an urbanized area with 
a population of over 200,000 individuals may re-
quest a high-performing metropolitan planning orga-
nization designation from the Secretary. 
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‘‘(2) CRITERIA.—In making a high-performing 
metropolitan planning organization designation, the 
Secretary shall consider— 
‘‘(A) the extent to which the metropolitan 
planning organization has an equitable and re-
gional approach to decisionmaking; 
‘‘(B) the extent to which the metropolitan 
planning organization has incorporated its per-
formance targets established pursuant to sec-
tion 150 of title 23, United States Code, sub-
section (h)(2), and sections 5326(c) and 
5329(d) of this title into its planning process; 
‘‘(C) whether the metropolitan planning or-
ganization is a consolidated metropolitan plan-
ning organization; 
‘‘(D) if the metropolitan planning organi-
zation is not a consolidated metropolitan plan-
ning organization, the extent to which the met-
ropolitan planning organization is coordinating 
with all other metropolitan planning organiza-
tions designated for the same metropolitan sta-
tistical area; 
‘‘(E) the technical capacity of the metro-
politan planning organization; and 
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‘‘(F) other criteria established by the Sec-
retary in guidance. 
‘‘(3) REVIEW.—A designation under paragraph 
(1) shall stay in effect for 10 years from the date 
of designation.’’. 
(c) 
SURFACE
TRANSPORTATION
INCENTIVE 
FUNDS.—Section 133(d)(1) of title 23, United States 
Code is amended to read as follows: 
‘‘(1) CALCULATION.—The funds apportioned to 
a State under section 104(b)(2) shall be obligated as 
follows: 
‘‘(A) SUBALLOCATED FUNDS.—50 percent 
of the funds for a fiscal year shall be obligated 
under this section, in proportion to their rel-
ative shares of the population of the State— 
‘‘(i) in urbanized areas of the State 
with an urbanized area population over 
200,000; 
‘‘(ii) in urban areas of the State with 
a population of 5,000 to 200,000; and 
‘‘(iii) in areas of the State with a pop-
ulation of fewer than 5,000. 
‘‘(B) STATEWIDE FUNDS.—25 percent of 
the funds for a fiscal year may be obligated in 
any area of the State. 
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‘‘(C) HIGH-PERFORMING
METROPOLITAN 
PLANNING ORGANIZATIONS.— 
‘‘(i) IN GENERAL.—25 percent of the 
funds for a fiscal year shall be obligated 
under this section in urbanized areas 
under subparagraph (A)(i) that are served 
by high-performing metropolitan planning 
organizations (as designated by the Sec-
retary under section 134(r) or section 
5303(r) of title 49, United States Code). 
Any funds remaining under this clause 
shall be obligated in any area of the State 
under subparagraph (B). 
‘‘(ii) AMOUNT.—The amount to be ob-
ligated under clause (i) in an urbanized 
area served by a high-performing metro-
politan planning organization shall equal 
50 percent of the amount to be obligated 
in that urbanized area under paragraph 
(4) and is in addition to the amount under 
such paragraph.’’. 
(d) TRANSPORTATION
ALTERNATIVES
INCENTIVE 
FUNDS.—Section 213(c)(1) of such title is amended to 
read as follows: 
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retary under section 134(r) or section 
5303(r) of title 49, United States Code). 
Any funds remaining under this clause 
shall be obligated in any area of the State 
under subparagraph (B). 
‘‘(ii) AMOUNT.—The amount to be ob-
ligated under clause (i) in an urbanized 
area served by a high-performing metro-
politan planning organization shall equal 
50 percent of the amount to obligated in 
that urbanized area under paragraph (3) 
and is in addition to the amount under 
such paragraph.’’. 
(e) OBLIGATION AUTHORITY.—Section 133(f) of 
such title is amended— 
(1) in paragraph (1), by— 
(A) striking ‘‘A State’’ and inserting ‘‘Ex-
cept as provided in paragraph (2), a State’’; 
and 
(B) striking ‘‘fiscal years 2011 through 
2014’’ and inserting ‘‘fiscal years after fiscal 
year 2014’’; 
(2) by redesignating paragraph (2) as para-
graph (3) and inserting after paragraph (1) the fol-
lowing: 
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‘‘(2) HIGH-PERFORMING METROPOLITAN PLAN-
NING ORGANIZATIONS.— 
‘‘(A) IN GENERAL.—A State that is re-
quired to obligate in an urbanized area under 
subsections (d)(1)(A)(i) and (d)(1)(C)(i) shall 
make available to such urbanized area on an 
annual basis an amount of obligation authority 
distributed to the State for Federal-aid high-
ways and highway safety construction programs 
for use in the area that is equal to the amount 
obtained by multiplying— 
‘‘(i) the amount of funds that the 
State is required to obligate in the area 
under such subsections; and 
‘‘(ii) the ratio specified in paragraph 
(1)(B). 
‘‘(B) AVAILABILITY.—The obligation au-
thority that a State makes available to an ur-
banized area under subparagraph (A) shall re-
main available for a period of four fiscal 
years.’’; and 
(3) in paragraph (3), as redesignated, by strik-
ing ‘‘paragraph (1)’’ and inserting ‘‘paragraphs (1) 
and (2)’’. 
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(f) DISTRIBUTION
OF METROPOLITAN PLANNING 
FUNDS.—Section 104(d)(2)(A) of such title is amended— 
(1) in clause (i), by striking ‘‘; and’’ and insert-
ing ‘‘;’’; 
(2) by redesignating clause (ii) as clause (iii); 
and 
(3) by inserting after clause (i) the following: 
‘‘(ii) prioritizes the needs of high-per-
forming metropolitan planning organiza-
tions (as designated by the Secretary 
under section 134(r) or section 5303(r) of 
title 49, United States Code); and’’. 
(g) TECHNICAL CORRECTION.—Subsection 133(h)(1) 
of such title is amended by striking ‘‘for each of fiscal 
years 2013 through 2014’’ and inserting ‘‘each fiscal 
year’’. 
SEC. 3. PARTICIPATION OF PUBLIC PORT AUTHORITIES. 
(a) 
SECTION
134 
AMENDMENT.—Section 
134(i)(6)(A) of title 23, United States Code, is amended 
by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 
(b) SECTION 135 AMENDMENT.—Section 135(g)(3) 
of title 23, United States Code, is amended by inserting 
‘‘public ports,’’ before ‘‘freight shippers’’. 
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(c) 
SECTION
5303 
AMENDMENT.—Section 
5303(i)(6)(A) of title 49, United States Code, is amended 
by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 
(d) 
SECTION
5304 
AMENDMENT.—Section 
5304(g)(3) of title 49, United States Code, is amended 
by inserting ‘‘public ports,’’ before ‘‘freight shippers’’. 
SEC. 4. STRENGTHENING THE STATEWIDE AND NONMETRO-
POLITAN PLANNING PROCESS. 
(a) SECTION 135 AMENDMENT.—Section 135 of title 
23, United States Code, is amended— 
(1) in subsection (f)(5) by striking ‘‘may’’ and 
inserting ‘‘shall’’; 
(2) in subsection (f)(7)— 
(A) by striking ‘‘should’’ and inserting 
‘‘shall’’; and 
(B) by striking the final ‘‘;’’ and inserting 
‘‘.’’; 
(3) in subsection (g)(5)(F)(i) by striking ‘‘may’’ 
and inserting ‘‘shall’’; and 
(4) by striking subsection (g)(8) and inserting 
the following: 
‘‘(8) CERTIFICATION PROCESS.— 
‘‘(A) IN GENERAL.—At least once every 4 
years the Secretary shall certify that each State 
has met the requirements of— 
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‘‘(i) this section; and 
‘‘(ii) other Federal laws, regulations, 
and orders applicable to the statewide and 
nonmetropolitan 
and 
the 
metropolitan 
planning processes. 
‘‘(B) FAILURE TO MEET CERTIFICATION.— 
If a State does not meet such certification, the 
Secretary may withhold up to 20 percent of the 
funds attributable to such State for projects 
funded under this title and chapter 53 of title 
49. 
‘‘(C) RESTORATION OF FUNDS.—The with-
held funds shall be restored to the State at such 
time as the State process is certified by the 
Secretary. 
‘‘(D) PUBLIC INVOLVEMENT.—In making 
the certification determinations under this para-
graph, the Secretary shall provide for public in-
volvement appropriate to the State under re-
view.’’. 
(b) SECTION 5304 AMENDMENT.—Section 5304 of 
title 49, United States Code, is amended— 
(1) in subsection (f)(5) by striking ‘‘may’’ and 
inserting ‘‘shall’’; 
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(2) in subsection (f)(7) by striking ‘‘should’’ 
and inserting ‘‘shall’’; 
(3) in subsection (g)(5)(F)(i) by striking ‘‘may’’ 
and inserting ‘‘shall’’; and 
(4) by striking subsection (g)(8) and inserting 
the following: 
‘‘(8) CERTIFICATION PROCESS.— 
‘‘(A) IN GENERAL.—At least once every 4 
years the Secretary shall certify that each State 
has met the requirements of— 
‘‘(i) this section; and 
‘‘(ii) other Federal laws, regulations, 
and orders applicable to the statewide and 
nonmetropolitan 
and 
the 
metropolitan 
planning processes. 
‘‘(B) FAILURE TO MEET CERTIFICATION.— 
If a State does not meet such certification, the 
Secretary may withhold up to 20 percent of the 
funds attributable to such State for projects 
funded under this title and chapter 53 of title 
49. 
‘‘(C) RESTORATION OF FUNDS.—The with-
held funds shall be restored to the State at such 
time as the State process is certified by the 
Secretary. 
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‘‘(D) PUBLIC INVOLVEMENT.—In making 
the certification determinations under this para-
graph, the Secretary shall provide for public in-
volvement appropriate to the State under re-
view.’’. 
SEC. 5. REMOVAL OF THE CONGESTION MANAGEMENT 
PROCESS. 
(a) SECTION 134 AMENDMENT.—Section 134 of title 
23, United States Code, as amended by this Act, is further 
amended— 
(1) by striking subsection (k)(3) and redesig-
nating subsections (k)(4) and (k)(5) as subsections 
(k)(3) and (k)(4), respectively; and 
(2) by striking subsection (n) and redesignating 
subsections (o) through (r) as subsections (n) 
through (q), respectively. 
(b) SECTION 135 AMENDMENT.—Section 135 of title 
23, United States Code, is amended by striking subsection 
(j) and redesignating subsections (k) through (m) as sub-
sections (j) through (l), respectively. 
(c) SECTION 5303 AMENDMENT.—Section 5303 of 
title 49, United States Code, as amended by this Act, is 
further amended— 
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(1) by striking subsection (k)(3) and redesig-
nating subsections (k)(4) and (k)(5) as subsections 
(k)(3) and (k)(4), respectively; and 
(2) by striking subsection (n) and redesignating 
subsections (o) through (r) as subsections (n) 
through (q), respectively. 
(d) SECTION 5304 AMENDMENT.—Section 5304 of 
title 49, United States Code, is amended by striking sub-
section (i) and redesignating subsections (j) through (l) 
as subsections (i) through (k), respectively. 
SEC. 6. PUBLIC INVOLVEMENT IN PLAN DEVELOPMENT. 
(a) SECTION 134 AMENDMENT.—Section 134(i) of 
title 23, United States Code, is amended— 
(1) in paragraph (4), by inserting after sub-
paragraph (C) the following: 
‘‘(D) PUBLIC
INVOLVEMENT.—Metropoli-
tan planning organizations shall offer interested 
parties, such as those described in paragraph 
(6), a reasonable opportunity to participate in 
the development and consideration of sce-
narios.’’; and 
(2) in paragraph (6), by striking ‘‘comment on 
the transportation plan’’ and inserting ‘‘provide 
input during the development and implementation of 
the transportation plan’’. 
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(b) 
SECTION
135 
AMENDMENT.—Section 
135(f)(3)(A)(ii) of title 23, United States Code, is amend-
ed by striking ‘‘comment on the transportation plan’’; and 
inserting ‘‘provide input during the development of the 
transportation plan’’. 
(c) SECTION 5303 AMENDMENT.—Section 5303(i) of 
title 49, United States Code, is amended— 
(1) in paragraph (4), by inserting after sub-
paragraph (C) the following: 
‘‘(D) PUBLIC
INVOLVEMENT.—Metropoli-
tan planning organizations shall offer interested 
parties, such as those described in paragraph 
(6), a reasonable opportunity to participate in 
the development and consideration of sce-
narios.’’; and 
(2) in paragraph (6), by striking ‘‘comment on 
the transportation plan’’ and inserting ‘‘provide 
input during the development and implementation of 
the transportation plan’’. 
(d) 
SECTION
5304 
AMENDMENT.—Section 
5304(f)(3)(A)(ii) of title 49, United States Code, is 
amended by striking ‘‘comment on the proposed plan’’; 
and inserting ‘‘provide input during the development of 
the transportation plan’’. 
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SEC. 7. PERFORMANCE-BASED PROJECT SELECTION. 
(a) 
SECTION
134 
AMENDMENT.—Section 
134(j)(2)(D) of title 23, United States Code, is amended 
to read as follows: 
‘‘(D) PERFORMANCE
TARGET
ACHIEVE-
MENT.—In adding projects to a transportation 
improvement program, a metropolitan planning 
organization shall create a process to evaluate 
and select each project or collection of projects 
based on the project’s (or collection of projects’) 
inclusion of elements that are known to sup-
port, or will foreseeably support outcomes that 
will achieve the performance targets established 
in the metropolitan transportation plan by the 
metropolitan planning organization in accord-
ance with subsection (h)(2)(B).’’. 
(b) SECTION 135 AMENDMENT.—Section 135(g)(4) 
of title 23, United States Code, is amended to read as 
follows: 
‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.— 
In adding projects to a State transportation im-
provement program, a State shall create a process to 
evaluate and select each project or collection of 
projects based on the project’s (or collection of 
projects’) inclusion of elements that are known to 
support, or will foreseeably support, outcomes that 
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will achieve the performance targets established in 
the long-range statewide transportation plan in ac-
cordance with subsection (f)(7)(A).’’. 
(c) 
SECTION
5303 
AMENDMENT.—Section 
5303(j)(2)(D) of title 49, United States Code, is amended 
to read as follows: 
‘‘(D) PERFORMANCE
TARGET
ACHIEVE-
MENT.—In adding projects to a transportation 
improvement program, a metropolitan planning 
organization shall create a process to evaluate 
and select each project or collection of projects 
based on the project’s (or collection of projects’) 
inclusion of elements that are known to sup-
port, or will foreseeably support outcomes that 
will achieve the performance targets established 
in the metropolitan transportation plan by the 
metropolitan planning organization in accord-
ance with section 134(h)(2)(B) of title 23.’’. 
(d) 
SECTION
5304 
AMENDMENT.—Section 
5304(g)(4) of title 49, United States Code, is amended 
to read as follows: 
‘‘(4) PERFORMANCE TARGET ACHIEVEMENT.— 
In adding projects to a State transportation im-
provement program, a State shall create a process to 
evaluate and select each project or collection of 
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projects based on the project’s (or collection of 
projects’) inclusion of elements that are known to 
support, or will foreseeably support, outcomes that 
will achieve the performance targets established in 
the long-range statewide transportation plan in ac-
cordance with section 135(f)(7)(A) of title 23.’’. 
SEC. 8. EFFECTIVE DATE. 
This Act and the amendments made by this Act are 
effective October 1, 2014, and apply only to projects and 
other activities for which obligations or expenditures are 
first approved on or after that date. 
Æ 
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