1260 
† HR 4348 EAS 
(B) NOTIFICATION.—A State or metropoli-
tan planning organization that desires to par-
ticipate in the pilot program shall notify the 
Secretary of such desire before a date determined 
by the Secretary. 
(C) SELECTION.— 
(i) NUMBER
OF
PROGRAM
PARTICI-
PANTS.—The Secretary shall select to par-
ticipate in the pilot program— 
(I) not fewer than 3, and not 
more than 5, States; and 
(II) not fewer than 3, and not 
more than 5, metropolitan planning 
organizations. 
(ii) TIMING.—The Secretary shall se-
lect program participants not later than 3 
months after the date of enactment of this 
Act. 
(iii) DIVERSITY OF PROGRAM PARTICI-
PANTS.—The Secretary shall, to the extent 
practicable, select program participants 
that represent a broad range of geographic 
and demographic areas (including rural 
and urban areas) and types of transpor-
tation programs.
1261 
† HR 4348 EAS 
(d) CASE STUDIES.— 
(1) BASELINE
REPORT.—Not later than 6 
months after the date of enactment of this Act, each 
program participant shall submit to the Secretary a 
baseline report that— 
(A) describes the reporting and data collec-
tion processes of the program participant for 
transportation investments that are in effect on 
the date of the report; 
(B) assesses how effective the program par-
ticipant is in achieving the national surface 
transportation goals in section 303 of title 49, 
United States Code; 
(C) describes potential improvements to the 
methods and metrics used to measure the effec-
tiveness of the program participant in achieving 
national surface transportation goals in section 
303 of title 49, United States Code, and the chal-
lenges to implementing such improvements; and 
(D) includes an assessment of whether, and 
specific reasons why, the preparation and sub-
mission of the baseline report may be limited, 
incomplete, or unduly burdensome, including 
any recommendations for facilitating the prepa-
1262 
† HR 4348 EAS 
ration and submission of similar reports in the 
future. 
(2) EVALUATION.—Each program participant 
shall work cooperatively with the Secretary to evalu-
ate the methods and metrics used to measure the effec-
tiveness of the program participant in achieving na-
tional surface transportation goals in section 303 of 
title 49, United States Code, including— 
(A) by considering the degree to which such 
methods and metrics take into account— 
(i) the factors that influence the effec-
tiveness of the program participant in 
achieving the national surface transpor-
tation goals; 
(ii) all modes of transportation; and 
(iii) the transportation program as a 
whole, rather than individual projects with-
in the transportation program; and 
(B) by identifying steps that could be used 
to implement the potential improvements identi-
fied under paragraph (1)(C). 
(3) FINAL REPORT.—Not later than 18 months 
after the date of enactment of this section, each pro-
gram participant shall submit to the Secretary a 
comprehensive final report that—
1263 
† HR 4348 EAS 
(A) contains an updated assessment of the 
effectiveness of the program participant in 
achieving national surface transportation goals 
under section 303 of title 49, United States Code; 
and 
(B) describes the ways in which the per-
formance of the program participant in col-
lecting and reporting data and carrying out the 
transportation program of the program partici-
pant has improved or otherwise changed since 
the date of submission of the baseline report 
under subparagraph (A). 
SEC. 33005. PORT INFRASTRUCTURE DEVELOPMENT INITIA-
TIVE. 
Section 50302(c)(3)(C) of title 46, United States Code, 
is amended to read as follows: 
‘‘(C) TRANSFERS.—Amounts appropriated 
or otherwise made available for any fiscal year 
for a marine facility or intermodal facility that 
includes maritime transportation may be trans-
ferred, at the option of the recipient of such 
amounts, to the Fund and administered by the 
Administrator as a component of a project under 
the program.’’.
1264 
† HR 4348 EAS 
SEC. 33006. SAFETY FOR MOTORIZED AND NONMOTORIZED 
USERS. 
(a) IN GENERAL.—Chapter 4 of title 23, United States 
Code, is amended by adding at the end the following: 
‘‘§ 413. Safety for motorized and nonmotorized users 
‘‘(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of the Surface Transportation and 
Freight Policy Act of 2012, subject to subsection (b), the 
Secretary shall establish standards to ensure that the design 
of Federal surface transportation projects provides for the 
safe and adequate accommodation, in all phases of project 
planning, development, and operation, of all users of the 
transportation network, including motorized and non-
motorized users. 
‘‘(b) WAIVER FOR STATE LAW OR POLICY.—The Sec-
retary may waive the application of standards established 
under subsection (a) to a State that has adopted a law or 
policy that provides for the safe and adequate accommoda-
tion as certified by the State (or other grantee), in all 
phases of project planning and development, of users of the 
transportation network on federally funded surface trans-
portation projects, as determined by the Secretary. 
‘‘(c) COMPLIANCE.— 
‘‘(1) IN GENERAL.—Each State department of 
transportation shall submit to the Secretary, at such 
time, in such manner, and containing such informa-
1265 
† HR 4348 EAS 
tion as the Secretary shall require, a report describing 
the implementation by the State of measures to 
achieve compliance with this section. 
‘‘(2) DETERMINATION BY SECRETARY.—On re-
ceipt of a report under paragraph (1), the Secretary 
shall determine whether the applicable State has 
achieved compliance with this section.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 4 of title 23, United States Code, is amended by 
adding at the end the following: 
‘‘413. Safety for motorized and nonmotorized users.’’. 
SEC. 33007. BUY AMERICA WAIVER REQUIREMENTS. 
(a) NOTICE AND COMMENT OPPORTUNITIES.— 
(1) IN GENERAL.—If the Secretary receives a re-
quest for a waiver under section 313(b) of title 23, 
United States Code, or under section 24305(f)(4) or 
24405(a)(2) of title 49, United States Code, the Sec-
retary shall provide notice of, and an opportunity for 
public comment on, the request not later than 15 days 
before making a finding based on such request. 
(2) NOTICE REQUIREMENTS.—Each notice pro-
vided under paragraph (1)— 
(A) shall include the information available 
to the Secretary concerning the request, includ-
ing the requestor’s justification for such request; 
and
1267 
† HR 4348 EAS 
(d) BUY AMERICA REPORTING.—Section 308 of title 
49, United States Code, is amended by inserting after sub-
section (c) the following: 
‘‘(d) Not later than February 1, 2013, and annually 
thereafter, the Secretary shall submit a report to Congress 
that— 
‘‘(1) specifies each highway, public transpor-
tation, or railroad project for which the Secretary 
issued a waiver from a Buy America requirement 
pursuant to the authority granted under section 
313(b) of title 23, United States Code, or under sec-
tion 24305(f)(4) or 24405(a)(2) of title 49, United 
States Code, during the preceding calendar year; 
‘‘(2) identifies the country of origin and product 
specifications for the steel, iron, or manufactured 
goods acquired pursuant to each of the waivers speci-
fied under paragraph (1); and 
‘‘(3) summarizes the monetary value of contracts 
awarded pursuant to each such waiver.’’. 
SEC. 33008. MAKE IT IN AMERICA INITIATIVE. 
(a) 
MEMORANDUM
OF
AGREEMENT.—The 
term 
‘‘Memorandum of Agreement’’ means the August 2011 
Memorandum of Agreement between the Department of 
Transportation and the Department of Commerce entitled