Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	6,248	n/a	n/a
Engrossed in House	22,062	9	80%
Received in Senate	21,917	5	0%
Engrossed Amendment Senate	278,215	2,811	99%
Enrolled Bill	252,161	5,960 Show Changes Hide Changes	63%

Display Version Introduced in House Engrossed in House Received in Senate Engrossed Amendment Senate Enrolled Bill

HR 4348 EAS

In the Senate of the United States,

April 24 (legislative day, April 23), 2012.

Resolved, That the bill from the House of Representatives (H.R.4348CommentsClose CommentsPermalink

) entitled ‘An Act to provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a multiyear law reauthorizing such programs, and for other purposes.’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

One Hundred Twelfth Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) Short Title- This Act may be cited as the ‘Moving Ahead for Progress in the 21st Century Act’ or the ‘MAP-21’.CommentsClose CommentsPermalink





(b) Divisions- This Act is organized into 8 divisions as follows:CommentsClose CommentsPermalink





(1) Division A-Federal-aid Highways and Highway Safety Construction Programs.CommentsClose CommentsPermalink





(2) Division B-Public Transportation.CommentsClose CommentsPermalink





(3) Division C-Transportation Safety and Surface Transportation Policy.CommentsClose CommentsPermalink





(4) Division D-Finance.CommentsClose CommentsPermalink





(5) Division E-Research and Education.CommentsClose CommentsPermalink





(6) Division F-Miscellaneous.CommentsClose CommentsPermalink





(7) Division G-Air TransportatSurface Transportation Extension.CommentsClose CommentsPermalink





(8) Division H-Budgetary Effects.CommentsClose CommentsPermalink





(c) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; organization of Act into divisions; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Effective date.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 1102. Obligation ceiling.CommentsClose CommentsPermalink





Sec. 1103. Definitions.CommentsClose CommentsPermalink





Sec. 1104. National highway sHighway System.CommentsClose CommentsPermalink





Sec. 1105. Apportionment.CommentsClose CommentsPermalink





Sec. 1106. National highway performance program.CommentsClose CommentsPermalink





Sec. 1107. Emergency relief.CommentsClose CommentsPermalink





Sec. 1108. Transportation mobilitySurface transportation program.CommentsClose CommentsPermalink





Sec. 1109. Workforce development.CommentsClose CommentsPermalink





Sec. 1110. Highway use tax evasion projects.CommentsClose CommentsPermalink





Sec. 1111. National bridge and tunnel inventory and inspection standards.CommentsClose CommentsPermalink





Sec. 1112. Highway safety improvement program.CommentsClose CommentsPermalink





Sec. 1113. Congestion mitigation and air quality improvement program.CommentsClose CommentsPermalink





Sec. 1114. Territorial and Puerto Rico highway program.CommentsClose CommentsPermalink





Sec. 1115. National freight programolicy.CommentsClose CommentsPermalink





Sec. 1116. Federal lands and tribal transportation programsPrioritization of projects to improve freight movement.CommentsClose CommentsPermalink





Sec. 1117. Alaska HighwayState freight advisory committees.CommentsClose CommentsPermalink





Sec. 1118. State freight plans.CommentsClose CommentsPermalink





Sec. 1119. Federal lands and tribal transportation programs.CommentsClose CommentsPermalink





Sec. 1120. Projects of national and regional significance.CommentsClose CommentsPermalink





Sec. 111921. Construction of ferry boats and ferry terminal facilities.CommentsClose CommentsPermalink





Sec. 1122. Transportation alternatives.CommentsClose CommentsPermalink





Sec. 1123. Tribal high priority projects program.CommentsClose CommentsPermalink

Subtitle B--Performance Management

Sec. 1201. Metropolitan transportation planning.CommentsClose CommentsPermalink





Sec. 1202. Statewide and nonmetropolitan transportation planning.CommentsClose CommentsPermalink





Sec. 1203. National goals and performance management measures.CommentsClose CommentsPermalink

Subtitle C--Acceleration of Project Delivery

Sec. 1301. PDeclaration of policy and project delivery initiative.CommentsClose CommentsPermalink





Sec. 1302. Clarified eligibility for early acquisition activities prior to completion of NEPA reviewAdvance acquisition of real property interests.CommentsClose CommentsPermalink





Sec. 1303. Efficiencies in contractingLetting of contracts.CommentsClose CommentsPermalink





Sec. 1304. Innovative project delivery methods.CommentsClose CommentsPermalink





Sec. 1305. Assistance to affected State and Federal agenciesEfficient environmental reviews for project decisionmaking.CommentsClose CommentsPermalink





Sec. 1306. Application of categorical exclusions for multimodal projectsccelerated decisionmaking.CommentsClose CommentsPermalink





Sec. 1307. State assumption of responsibilitiesAssistance to affected Federal and State agencies.CommentsClose CommentsPermalink





Sec. 1308. Limitations on claims.CommentsClose CommentsPermalink





Sec. 1309. Accelerating completion of complex projects within 4 years.CommentsClose CommentsPermalink





Sec. 1310. Integration of planning and environmental review.CommentsClose CommentsPermalink





Sec. 1311. Development of programmatic mitigation plans.CommentsClose CommentsPermalink





Sec. 1312. State assumption of responsibility for categorical exclusions.CommentsClose CommentsPermalink





Sec. 1308. Surface transportation project delivery program.Sec. 130913. Surface transportation project delivery program.CommentsClose CommentsPermalink





Sec. 1314. Application of categorical exclusions for multimodal projects.CommentsClose CommentsPermalink





Sec. 1315. Categorical exclusions in emergencies.CommentsClose CommentsPermalink





Sec. 1316. Categorical exclusions for projects within the right-of-way.CommentsClose CommentsPermalink





Sec. 13107. Categorical exclusion for projects of limited Federal assistance.CommentsClose CommentsPermalink





Sec. 1318. Programmatic agreements and additional categorical exclusions.CommentsClose CommentsPermalink





Sec. 13119. Accelerated decisionmaking in environmental reviews.CommentsClose CommentsPermalink





Sec. 131220. Memoranda of agency agreements for early coordination.CommentsClose CommentsPermalink





Sec. 1313. Accelerated decisionmaking.Sec. 131421. Environmental procedures initiative.CommentsClose CommentsPermalink





Sec. 1315. Alternative relocation payment demonstration program22. Review of State environmental reviews and approvals for the purpose of eliminating duplication of environmental reviews.CommentsClose CommentsPermalink





Sec. 131623. Review of Federal project and program delivery.CommentsClose CommentsPermalink

Subtitle D--Highway Safety

Sec. 1401. Jason’s Llaw.CommentsClose CommentsPermalink





Sec. 1402. Open container requirements.CommentsClose CommentsPermalink





Sec. 1403. Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.CommentsClose CommentsPermalink





Sec. 1404. Adjustments to penalty provisions.CommentsClose CommentsPermalink





Sec. 1405. Highway worker safety.CommentsClose CommentsPermalink

Subtitle E--Miscellaneous

Sec. 1501. Real-time ridesharing.CommentsClose CommentsPermalink





Sec. 1502. Program efficiencies.CommentsClose CommentsPermalink





Sec. 15023. Project approval and oversight.CommentsClose CommentsPermalink





Sec. 15034. Standards.CommentsClose CommentsPermalink





Sec. 15045. Justification reports for access points on the Interstate System.CommentsClose CommentsPermalink





Sec. 1506. Construction.CommentsClose CommentsPermalink





Sec. 15057. Maintenance.CommentsClose CommentsPermalink





Sec. 15068. Federal share payable.CommentsClose CommentsPermalink





Sec. 15079. Transferability of Federal-aid highway funds.CommentsClose CommentsPermalink





Sec. 150810. Idle reduction technology.CommentsClose CommentsPermalink





Sec. 1511. Special permits during periods of national emergency.CommentsClose CommentsPermalink





Sec. 1509. Electric vehicle charging stations12. Tolling.CommentsClose CommentsPermalink





Sec. 15103. Miscellaneous parking amendments.CommentsClose CommentsPermalink





Sec. 1514. HOV facilities.CommentsClose CommentsPermalink





Sec. 1511. Construction equipment and vehicl5. Funding flexibility for transportation emergencies.CommentsClose CommentsPermalink





Sec. 1512. Use of debris from demolished bridges and overpasse6. Defense access road program enhancements to address transportation infrastructure in the vicinity of military installations.CommentsClose CommentsPermalink





Sec. 15137. Mapping.CommentsClose CommentsPermalink





Sec. 1518. Buy America provisions.CommentsClose CommentsPermalink





Sec. 1519. Consolidation of programs; repeal of obsolete provisions.CommentsClose CommentsPermalink





Sec. 1520. Denali Commission.CommentsClose CommentsPermalink





Sec. 1521. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 amendments.CommentsClose CommentsPermalink





Sec. 1522. Extension of public transit vehicle exemption from axle weight restrictions.CommentsClose CommentsPermalink





Sec. 1514. Uniform Relocation Assistance Act amendment23. Use of debris from demolished bridges and overpasses.CommentsClose CommentsPermalink





Sec. 151524. Use of youth service and conservation corps.CommentsClose CommentsPermalink





Sec. 1516. Consolidation of programs; repeal of obsolete provisions.

Sec. 1517. Rescissions.

Sec. 151825. State autonomy for culvert pipe selection.CommentsClose CommentsPermalink




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. 152326. Evacuation routes.CommentsClose CommentsPermalink




Sec. 1524. Defense access road program enhancements to address transportation infrastructure in the vicinity of military installations.

Sec. 1525. Express lanes demonstration program.

Sec. 1526. Treatment of historic signs.

Sec. 1527. Consolidation of grants.CommentsClose CommentsPermalink




Sec. 1528. Buy America provisionsAppalachian development highway system.CommentsClose CommentsPermalink





Sec. 1529. Exemptions from requirements for certain farm vehiclesngineering judgment.CommentsClose CommentsPermalink





Sec. 1530. Appalachian development highway systemTransportation training and employment programs.CommentsClose CommentsPermalink





Sec. 1531. Denali CommissionNotice of certain grant awards.CommentsClose CommentsPermalink





Sec. 1532. Updated corrosion control and prevention reportBudget justification.CommentsClose CommentsPermalink





Sec. 1533. Harbor Maintenance trust fundProhibition on use of funds for automated traffic enforcement.CommentsClose CommentsPermalink





Sec. 1534. Public-private partnerships.CommentsClose CommentsPermalink





Sec. 1534. Enrichment technology and intellectual property5. Report on Highway Trust Fund expenditures.CommentsClose CommentsPermalink





Sec. 1535. Sense of Senate concerning expenditious completion of environmental reviews, approvals, licensing, and permit requirement6. Sense of Congress on harbor maintenance.CommentsClose CommentsPermalink





Sec. 1537. Estimate of harbor maintenance needs.CommentsClose CommentsPermalink





Sec. 1538. Asian carp.CommentsClose CommentsPermalink





Sec. 1539. Rest areas.CommentsClose CommentsPermalink

Subtitle F--Gulf Coast Restoration

Sec. 1601. Short title.CommentsClose CommentsPermalink





Sec. 1602. Gulf Coast Restoration Trust Fund.CommentsClose CommentsPermalink





Sec. 1603. Gulf Coast natural resources restoration and economic recovery.CommentsClose CommentsPermalink





Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation, Monitoring, and Technology Pprogram.CommentsClose CommentsPermalink





Sec. 1605. Centers of excellence research grants.CommentsClose CommentsPermalink





Sec. 1606. Effect.CommentsClose CommentsPermalink





Subtitle G--Land and Water Conservation Fund

Sec. 1701. Land and water conservation fund.

Subtitle H--OffsetsSec. 1801. Delay in application of worldwide interest Sec. 1607. Restoration and protection activity limitations. CommentsClose CommentsPermalink




Sec. 1608. Inspector General.CommentsClose CommentsPermalink

TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION

Sec. 2001. Short title.CommentsClose CommentsPermalink





Sec. 2002. Transportation Infrastructure Finance and Innovation Act amendments.

Sec. 2003. State infrastructure banks.

TITLE III--HIGHWAY SPENDING CONTROLSSec. 3001. Highway spending controlof 1998 amendments.CommentsClose CommentsPermalink

DIVISION B--PUBLIC TRANSPORTATION

Sec. 20001. Short title.CommentsClose CommentsPermalink





Sec. 20002. Repeals.CommentsClose CommentsPermalink





Sec. 20003. Policies, purposes, and goal and purposes.CommentsClose CommentsPermalink





Sec. 20004. Definitions.CommentsClose CommentsPermalink





Sec. 20005. Metropolitan transportation planning.CommentsClose CommentsPermalink





Sec. 20006. Statewide and nonmetropolitan transportation planning.CommentsClose CommentsPermalink





Sec. 20007. Public Transportation Emergency Relief Program.

Sec. 20007. Urbanized area formula grants.CommentsClose CommentsPermalink




Sec. 20008. Urbanized area formula grants.

Sec. 20009. Clean fuel grant program.

Sec. 20010. Fixed guideway capital investment grants.CommentsClose CommentsPermalink




Sec. 20011. Formula grants for the enhanced m09. Mobility of seniors and individuals with disabilities.CommentsClose CommentsPermalink





Sec. 20012. Formula grants for other than urbanized0. Formula grants for rural areas.CommentsClose CommentsPermalink





Sec. 200131. Research, development, demonstration, and deployment projects.CommentsClose CommentsPermalink





Sec. 200142. Technical assistance and standards development.CommentsClose CommentsPermalink





Sec. 20015. Bus testing facilities3. Private sector participation.CommentsClose CommentsPermalink





Sec. 20016. Public transportation workforce development and human resource program4. Bus testing facilities.CommentsClose CommentsPermalink





Sec. 20017. General provisions5. Human resources and training.CommentsClose CommentsPermalink





Sec. 20016. General provisions.CommentsClose CommentsPermalink





Sec. 20017. Public Transportation Emergency Relief Program.CommentsClose CommentsPermalink





Sec. 20018. Contract requirements.CommentsClose CommentsPermalink





Sec. 20019. Transit asset management.CommentsClose CommentsPermalink





Sec. 20020. Project management oversight.CommentsClose CommentsPermalink





Sec. 20021. Public transportation safety.CommentsClose CommentsPermalink





Sec. 20022. Alcohol and controlled substances testing.CommentsClose CommentsPermalink





Sec. 20023. Nondiscrimination.CommentsClose CommentsPermalink





Sec. 20024. Labor standards.Sec. 20025. Administrative provisions.CommentsClose CommentsPermalink





Sec. 200265. National transit database.CommentsClose CommentsPermalink





Sec. 200276. Apportionment of appropriations for formula grants.CommentsClose CommentsPermalink





Sec. 200287. State of good repair grants.CommentsClose CommentsPermalink





Sec. 200298. Authorizations.CommentsClose CommentsPermalink





Sec. 20030. Apportionments based on growing States and high density States formula factor29. Bus and bus facilities formula grants.CommentsClose CommentsPermalink





Sec. 200310. Technical and conforming amendments.CommentsClose CommentsPermalink

DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY

TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012

Sec. 31001. Short title.CommentsClose CommentsPermalink





Sec. 31002. Definition.CommentsClose CommentsPermalink

Subtitle A--Highway Safety

Sec. 31101. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 31102. Highway safety programs.CommentsClose CommentsPermalink





Sec. 31103. Highway safety research and development.CommentsClose CommentsPermalink





Sec. 31104. National driver register.CommentsClose CommentsPermalink





Sec. 31105. Combined occupant protection grants.

Sec. 31106. State traffic safety information system improvements.

Sec. 31107. Impaired driving countermeasureNational priority safety programs.CommentsClose CommentsPermalink




Sec. 31108. Distracted driving grants.Sec. 311096. High visibility enforcement program.CommentsClose CommentsPermalink





Sec. 31110. Motorcyclist safety.

Sec. 31111. Driver alcohol detection system for safety research.

Sec. 31112. State graduated driver licensing laws.

Sec. 3111307. Agency accountability.CommentsClose CommentsPermalink




Sec. 3111408. Emergency medical services.CommentsClose CommentsPermalink





Sec. 31109. Repeal of programs.CommentsClose CommentsPermalink

Subtitle B--Enhanced Safety Authorities

Sec. 31201. Definition of motor vehicle equipment.CommentsClose CommentsPermalink





Sec. 31202. Permit reminder system for non-use of safety belts.CommentsClose CommentsPermalink





Sec. 31203. Civil penalties.CommentsClose CommentsPermalink





Sec. 31204. Motor vehicle safety research and development.CommentsClose CommentsPermalink





Sec. 31205. Odometer requirements.CommentsClose CommentsPermalink





Sec. 31206. Increased penalties and damages for odometer fraud.CommentsClose CommentsPermalink





Sec. 31207. Extend prohibitions on importing noncompliant vehicles and equipment to defective vehicles and equipment.CommentsClose CommentsPermalink





Sec. 31208. Financial responsibility requirements for importers.Sec. 31209. Conditions on importation of vehicles and equipment.CommentsClose CommentsPermalink





Sec. 3121009. Port inspections; samples for examination or testing.CommentsClose CommentsPermalink

Subtitle C--Transparency and Accountability

Sec. 31301. Improved National Highway Traffic Safety Administration vehicle safety databasePublic availability of recall information.CommentsClose CommentsPermalink





Sec. 31302. National Highway Traffic Safety Administration hotline foroutreach to manufacturer, dealer, and mechanic personnel.CommentsClose CommentsPermalink





Sec. 31303. Consumer notice of software updates and other communications with dealers.Sec. 31304. Public availability of early warning datacommunications to dealers.CommentsClose CommentsPermalink





Sec. 313054. Corporate responsibility for National Highway Traffic Safety Administration reports.CommentsClose CommentsPermalink





Sec. 313065. Passenger motor vehicle information program.CommentsClose CommentsPermalink





Sec. 313076. Promotion of vehicle defect reporting.CommentsClose CommentsPermalink





Sec. 313087. Whistleblower protections for motor vehicle manufacturers, part suppliers, and dealership employees.CommentsClose CommentsPermalink





Sec. 313098. Anti-revolving door.CommentsClose CommentsPermalink





Sec. 31309. Study of crash data collection.CommentsClose CommentsPermalink





Sec. 31310. Study of crash data collection.Sec. 31311. Update means of providing notification; improving efficacy of recalls.CommentsClose CommentsPermalink





Sec. 313121. Expanding choices of remedy available to manufacturers of replacement equipment.CommentsClose CommentsPermalink





Sec. 313132. Recall obligations and bankruptcy of manufacturer.CommentsClose CommentsPermalink





Sec. 313143. Repeal of insurance reports and information provision.CommentsClose CommentsPermalink





Sec. 313154. Monroney sticker to permit additional safety rating categories.CommentsClose CommentsPermalink

Subtitle D--Vehicle Electronics and Safety Standards

Sec. 31401. National Highway Traffic Safety Administration electronics, software, and engineering expertise.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink

Subtitle E--Child Safety Standards

Sec. 31501. Child safety seats.CommentsClose CommentsPermalink





Sec. 31502. Child restraint anchorage systems.CommentsClose CommentsPermalink





Sec. 31503. Rear seat belt reminders.CommentsClose CommentsPermalink





Sec. 31504. Unattended passenger reminders.CommentsClose CommentsPermalink





Sec. 31505. New deadline.CommentsClose CommentsPermalink

Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural Equipment

Sec. 31601. Rulemaking on visibility of agricultural equipment.CommentsClose CommentsPermalink

TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012

Sec. 32001. Short title.CommentsClose CommentsPermalink





Sec. 32002. References to title 49, United States Code.CommentsClose CommentsPermalink

Subtitle A--Commercial Motor Vehicle Registration

Sec. 32101. Registration of motor carriers.CommentsClose CommentsPermalink





Sec. 32102. Safety fitness of new operators.CommentsClose CommentsPermalink





Sec. 32103. Reincarnated carriers.CommentsClose CommentsPermalink





Sec. 32104. Financial responsibility requirements.CommentsClose CommentsPermalink





Sec. 32105. USDOT number registration requirement.CommentsClose CommentsPermalink





Sec. 32106. Registration fee system.CommentsClose CommentsPermalink





Sec. 32107. Registration update.CommentsClose CommentsPermalink





Sec. 32108. Increased penalties for operating without registration.CommentsClose CommentsPermalink





Sec. 32109. Revocation of registration for imminent hazard.CommentsClose CommentsPermalink





Sec. 32110. Revocation of registration and other penalties for failure to respond to subpoena.CommentsClose CommentsPermalink





Sec. 32111. Fleetwide out of service order for operating without required registration.CommentsClose CommentsPermalink





Sec. 32112. Motor carrier and officer patterns of safety violations.CommentsClose CommentsPermalink

Subtitle B--Commercial Motor Vehicle Safety

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.CommentsClose CommentsPermalink




Sec. 322042. Canadian safety rating reciprocity.CommentsClose CommentsPermalink





Sec. 32205. State reporting of3. State reporting of foreign commercial driver convictions.CommentsClose CommentsPermalink





Sec. 322064. Authority to disqualify foreign commercial drivers.CommentsClose CommentsPermalink





Sec. 322075. Revocation of foreign motor carrier operating authority for failure to pay civil penalties.CommentsClose CommentsPermalink





Sec. 322086. Rental truck accident study.CommentsClose CommentsPermalink

Subtitle C--Driver Safety

Sec. 32301. Electronic on-board recordHours of service study and electronic logging devices.CommentsClose CommentsPermalink





Sec. 32302. Safety fitness.Sec. 32303. Driver medical qualifications.CommentsClose CommentsPermalink





Sec. 32304. Commercial driver’s license 3. Commercial driver’s license notification system.CommentsClose CommentsPermalink





Sec. 32305. Commercial motor vehicle4. Commercial motor vehicle operator training.CommentsClose CommentsPermalink





Sec. 32306. Commercial driver’s license program.Sec. 32307. Commercial driver’s license requirements5. Commercial driver’s license program.CommentsClose CommentsPermalink





Sec. 32308. Commercial motor vehicle6. Commercial motor vehicle driver information systems.CommentsClose CommentsPermalink





Sec. 32309. Disqualifications based on non-commercial motor vehicle operations.

Sec. 32310. Federal driver disqualifications.

Sec. 323117. Employer responsibilities.CommentsClose CommentsPermalink




Sec. 32312. Improving and expediting safety assessments in the commercial driver’s license application process for members and former members of the Armed Forc08. Program to assist Veterans to acquire commercial driver’s licenses.CommentsClose CommentsPermalink

Subtitle D--Safe Roads Act of 2012

Sec. 32401. Short title.CommentsClose CommentsPermalink





Sec. 32402. National clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators.CommentsClose CommentsPermalink

Subtitle E--Enforcement

Sec. 32501. Inspection demand and display of credentials.CommentsClose CommentsPermalink





Sec. 32502. Out of service penalty for denial of access to records.CommentsClose CommentsPermalink





Sec. 32503. Penalties for violation of operation out of service orders.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink




Sec. 325075. Increased penalties for evasion of regulations.CommentsClose CommentsPermalink





Sec. 32508. Failure to pay civil penalty as a disqualifying offense.Sec. 325096. Violations relating to commercial motor vehicle safety regulation and operators.CommentsClose CommentsPermalink





Sec. 3251007. Emergency disqualification for imminent hazard.CommentsClose CommentsPermalink





Sec. 32511. Intrastate operations of interstate motor carriers.

Sec. 32512. Enforcement of safety laws and regulations.

Sec. 3251308. Disclosure to State and local law enforcement agencies.CommentsClose CommentsPermalink




Sec. 3251409. Grade crossing safety regulations.CommentsClose CommentsPermalink

Subtitle F--Compliance, Safety, Accountability

Sec. 32601. Compliance, safety, accountabilityMotor carrier safety assistance program.CommentsClose CommentsPermalink





Sec. 32602. Performance and registration information systems management program.CommentsClose CommentsPermalink





Sec. 32603. Commercial motor vehicle defined.

Sec. 32604. Driver safety fitness ratings.

Sec. 32605. Uniform electronic clearance for commercial motor vehicle inspections.

Sec. 32606. Authorization of appropriations.CommentsClose CommentsPermalink




Sec. 32607. High risk carrier reviews.Sec. 32608. Data and technology grants4. Grants for commercial driver’s license program implementation.CommentsClose CommentsPermalink





Sec. 32609. Driver safety grants.Sec. 326105. Commercial vehicle information systems and networks.CommentsClose CommentsPermalink

Subtitle G--Motorcoach Enhanced Safety Act of 2012

Sec. 32701. Short title.CommentsClose CommentsPermalink





Sec. 32702. Definitions.CommentsClose CommentsPermalink





Sec. 32703. Regulations for improved occupant protection, passenger evacuation, and crash avoidance.CommentsClose CommentsPermalink





Sec. 32704. Standards for improved fire safetyFire prevention and mitigation.CommentsClose CommentsPermalink





Sec. 32705. Occupant protection, collision avoidance, fire causation, and fire extinguisher research and testing.CommentsClose CommentsPermalink





Sec. 32706. Motorcoach registrationConcurrence of research and rulemaking.CommentsClose CommentsPermalink





Sec. 32707. Improved oversight of motorcoach service providers.CommentsClose CommentsPermalink





Sec. 32708. Report on feasibility, benefits, and costs of establishing a system of certification of training programs.CommentsClose CommentsPermalink





Sec. 32709. Report on driver’s license requirements for 9- to 15-Commercial driver’s license passenger vans.Sec. 32710. Event data recorderendorsement requirements.CommentsClose CommentsPermalink





Sec. 327110. Safety inspection program for commercial motor vehicles of passengers.CommentsClose CommentsPermalink





Sec. 32712. Distracted driving.Sec. 327131. Regulations.CommentsClose CommentsPermalink

Subtitle H--Safe Highways and Infrastructure Preservation

Sec. 32801. Comprehensive truck size and weight limits study.CommentsClose CommentsPermalink





Sec. 32802. Compilation of existing State truck size and weight limit laws.CommentsClose CommentsPermalink

Subtitle I--Miscellaneous

PART I--Miscellaneous

Sec. 32911. Detention time study.Sec. 32912. Prohibition of coercion.CommentsClose CommentsPermalink





Sec. 329132. Motor carrier safety advisory committee.CommentsClose CommentsPermalink





Sec. 329143. Waivers, exemptions, and pilot programs.CommentsClose CommentsPermalink





Sec. 329154. Registration requirements.CommentsClose CommentsPermalink





Sec. 329165. Additional motor carrier registration requirements.CommentsClose CommentsPermalink





Sec. 329176. Registration of freight forwarders and brokers.CommentsClose CommentsPermalink





Sec. 329187. Effective periods of registration.CommentsClose CommentsPermalink





Sec. 329198. Financial security of brokers and freight forwarders.CommentsClose CommentsPermalink





Sec. 3292019. Unlawful brokerage activities.CommentsClose CommentsPermalink

PART II--Household Goods Transportation

Sec. 32921. Additional registration requirements for household goods motor carriers.CommentsClose CommentsPermalink





Sec. 32922. Failure to give up possession of household goods.CommentsClose CommentsPermalink





Sec. 32923. Settlement authority.CommentsClose CommentsPermalink

PART III--Technical Amendments

Sec. 32931. Update of obsolete text.CommentsClose CommentsPermalink





Sec. 32932. Correction of interstate commerce commission references.CommentsClose CommentsPermalink





Sec. 32933. Technical and conforming amendments.CommentsClose CommentsPermalink





TITLE III--SURFACE TRANSPORTATION AND FREIGHT POLICY ACT OF 2012

Sec. 33001. Short title.

Sec. 33002. Establishment of a national surface transportation and freight policy.

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 study2934. Exemptions from requirements for covered farm vehicles.CommentsClose CommentsPermalink

TITLE IVII--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF 2012

Sec. 343001. Short title.CommentsClose CommentsPermalink





Sec. 343002. Definition.CommentsClose CommentsPermalink





Sec. 343003. References to title 49, United States Code.CommentsClose CommentsPermalink





Sec. 343004. Training for emergency responders.CommentsClose CommentsPermalink





Sec. 343005. Paperless Hazard Communications Pilot Program.CommentsClose CommentsPermalink





Sec. 343006. Improving data collection, analysis, and reporting.CommentsClose CommentsPermalink





Sec. 34007. Loading and unloading of hazardous materials.

Sec. 340083007. Hazardous material technical assessment, research and development, and analysis program.CommentsClose CommentsPermalink




Sec. 340093008. Hazardous Material Enforcement Training Program.CommentsClose CommentsPermalink





Sec. 340103009. Inspections.CommentsClose CommentsPermalink





Sec. 340113010. Civil penalties.CommentsClose CommentsPermalink





Sec. 340123011. Reporting of fees.CommentsClose CommentsPermalink





Sec. 340133012. Special permits, approvals, and exclusions.CommentsClose CommentsPermalink





Sec. 340143013. Highway routing disclosures.CommentsClose CommentsPermalink





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.

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 commission.

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 financing.

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 repor3014. Motor carrier safety permits.CommentsClose CommentsPermalink




Sec. 35407. Workforce review3015. Wetlines.CommentsClose CommentsPermalink





Sec. 35408. Railroad rehabilitation and improvement financing.Subtitle E--Technical CorrectionsSec. 35501. Technical correction3016. Hazmat employee training requirements and grants.CommentsClose CommentsPermalink





Sec. 35502. Condemnation authority.Subtitle F--Licensing and Insurance Requirements for Passenger Rail CarriersSec. 35601. Certification of passenger rail carrier3017. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE VIIV--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF 2012

Sec. 364001. Short title.CommentsClose CommentsPermalink





Sec. 364002. Amendment of Federal Aid in Sport Fish Restoration Act.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUS

Sec. 37001. Aircraft noise abatement5001. Overflights in Grand Canyon National Park.CommentsClose CommentsPermalink





Sec. 35002. Commercial air tour operations.CommentsClose CommentsPermalink





Sec. 35003. Qualifications for public aircraft status.CommentsClose CommentsPermalink

DIVISION D--FINANCE

Sec. 40001. Short title.CommentsClose CommentsPermalink

TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND RELATED TAXES

Sec. 40101. Extension of trust fund expenditure authority.CommentsClose CommentsPermalink





Sec. 40102. Extension of highway-related taxes.CommentsClose CommentsPermalink

TITLE III--REVENUE PROVISIONS

Subtitle A--Leaking Underground Storage Tank Trust Fund

to Highway Trust Fund.Sec. 40302. Portion ofSec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund financing rate transferred to Highway Trust Fund.CommentsClose CommentsPermalink

Sec. 40221. Single employer plan annual premium rates.CommentsClose CommentsPermalink





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 vehicles into the Highway Trust Fund.

Sec. 40307. Treatment of securities of a controlled corporation exchanged for assets in certain reorganizations222. Multiemployer annual premium rates.CommentsClose CommentsPermalink

Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement.CommentsClose CommentsPermalink





Sec. 40308. Internal Revenue Service levies and Thrift Savings Plan Accounts232. Participant and plan sponsor advocate.CommentsClose CommentsPermalink





Sec. 40309. Depreciation and amortization rules for highway and related property subject to long-term leases233. Quality control procedures for the Pension Benefit Guaranty Corporation.CommentsClose CommentsPermalink





Sec. 40310234. Line of credit repeal.CommentsClose CommentsPermalink

Sec. 40241. Extension for transfers of excess pension assets to retiree health accounts.CommentsClose CommentsPermalink





Sec. 40311242. Transfer of excess pension assets to retiree group term life insurance accounts.CommentsClose CommentsPermalink

Sec. 40251. Additional transfers to Highway Trust Fund.CommentsClose CommentsPermalink

DIVISION E--RESEARCH AND EDUCATION

Sec. 50001. Short title.CommentsClose CommentsPermalink

TITLE I--FUNDING

Sec. 51001. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec. 52001. Research, technology, and education.CommentsClose CommentsPermalink





Sec. 52002. Surface transportation research, development, and technology.CommentsClose CommentsPermalink





Sec. 52003. Research and technology development and deployment.CommentsClose CommentsPermalink





Sec. 52004. Training and education.CommentsClose CommentsPermalink





Sec. 52005. State planning and research.CommentsClose CommentsPermalink





Sec. 52006. International highway transportation program.CommentsClose CommentsPermalink





Sec. 52007. Surface transportation environmental cooperative research program.CommentsClose CommentsPermalink





Sec. 52008. National cooperative freight research.CommentsClose CommentsPermalink





Sec. 52009. Prize authorityUniversity transportation centers program.CommentsClose CommentsPermalink





Sec. 52010. University transportation centers programresearch.CommentsClose CommentsPermalink





Sec. 52011. Bureau of transportation sTransportation Statistics.CommentsClose CommentsPermalink





Sec. 52012. Administrative authority.CommentsClose CommentsPermalink





Sec. 52013. Transportation research and development strategic planning.CommentsClose CommentsPermalink

TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH

Sec. 53001. Use of funds for itsITS activities.CommentsClose CommentsPermalink





Sec. 53002. Goals and purposes.CommentsClose CommentsPermalink





Sec. 53003. General authorities and requirements.CommentsClose CommentsPermalink





Sec. 53004. Research and development.CommentsClose CommentsPermalink





Sec. 53005. National architecture and standards.CommentsClose CommentsPermalink





Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure communications systems deployment.CommentsClose CommentsPermalink

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 Program.CommentsClose CommentsPermalink

Subtitle B--Payment in Lieu of Taxes Program

Sec. 100111. Payments in lieu of taxes.CommentsClose CommentsPermalink

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. 10011521. Phased retirement authority.CommentsClose CommentsPermalink




Sec. 10011622. Roll-your-own cigarette machines.CommentsClose CommentsPermalink





TITLE II--STOP TAX HAVEN ABUSE Sec. 100123. Change in FMAP increase for disaster recovery states. CommentsClose CommentsPermalink





Sec. 100124. Repeals.CommentsClose CommentsPermalink





Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation Fund.CommentsClose CommentsPermalink

Sec. 100201. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcementShort title.CommentsClose CommentsPermalink





Sec. 100202. Definitions.CommentsClose CommentsPermalink





Sec. 100203. Extension of National Flood Insurance Program.CommentsClose CommentsPermalink





Sec. 100204. Availability of insurance for multifamily properties.CommentsClose CommentsPermalink





Sec. 100205. Reform of premium rate structure.CommentsClose CommentsPermalink





Sec. 100207. Premium adjustment.CommentsClose CommentsPermalink





Sec. 100208. Enforcement.CommentsClose CommentsPermalink





Sec. 100209. Escrow of flood insurance payments.CommentsClose CommentsPermalink





Sec. 100210. Minimum deductibles for claims under the National Flood Insurance Program.CommentsClose CommentsPermalink





Sec. 100211. Considerations in determining chargeable premium rates.CommentsClose CommentsPermalink





Sec. 100212. Reserve fund.CommentsClose CommentsPermalink





Sec. 100213. Repayment plan for borrowing authority.CommentsClose CommentsPermalink





Sec. 100214. Payment of condominium claims.CommentsClose CommentsPermalink





Sec. 100215. Technical mapping advisory council.CommentsClose CommentsPermalink





Sec. 100216. National flood mapping program.CommentsClose CommentsPermalink





Sec. 100217. Scope of appeals.CommentsClose CommentsPermalink





Sec. 100218. Scientific Resolution Panel.CommentsClose CommentsPermalink





Sec. 100219. Removal of limitation on State contributions for updating flood maps.CommentsClose CommentsPermalink





Sec. 100220. Coordination.CommentsClose CommentsPermalink





Sec. 100221. Interagency coordination study.CommentsClose CommentsPermalink





Sec. 100222. Notice of flood insurance availability under RESPA.CommentsClose CommentsPermalink





Sec. 100223. Participation in State disaster claims mediation programs.CommentsClose CommentsPermalink





Sec. 100224. Oversight and expense reimbursements of insurance companies.CommentsClose CommentsPermalink





Sec. 100225. Mitigation.CommentsClose CommentsPermalink





Sec. 100226. Flood Protection Structure Accreditation Task Force.CommentsClose CommentsPermalink





Sec. 100227. Flood in progress determinations.CommentsClose CommentsPermalink





Sec. 100228. Clarification of residential and commercial coverage limits.CommentsClose CommentsPermalink





Sec. 100229. Local data requirement.CommentsClose CommentsPermalink





Sec. 100230. Eligibility for flood insurance for persons residing in communities that have made adequate progress on the reconstruction or improvement of a flood protection system.CommentsClose CommentsPermalink





Sec. 100231. Studies and reports.CommentsClose CommentsPermalink





Sec. 100232. Reinsurance.CommentsClose CommentsPermalink





Sec. 100233. GAO study on business interruption and additional living expenses coverages.CommentsClose CommentsPermalink





Sec. 100234. Policy disclosures.CommentsClose CommentsPermalink





Sec. 100235. Report on inclusion of building codes in floodplain management criteria.CommentsClose CommentsPermalink





Sec. 100236. Study of participation and affordability for certain policyholders.CommentsClose CommentsPermalink





Sec. 100237. Study and report concerning the participation of Indian tribes and members of Indian tribes in the National Flood Insurance Program.CommentsClose CommentsPermalink





Sec. 100238. Technical corrections.CommentsClose CommentsPermalink





Sec. 100239. Use of private insurance to satisfy mandatory purchase requirement.CommentsClose CommentsPermalink





Sec. 100240. Levees constructed on certain properties.CommentsClose CommentsPermalink





Sec. 100241. Insurance coverage for private properties affected by flooding from Federal lands.CommentsClose CommentsPermalink





Sec. 100242. Permissible land use under Federal flood insurance plan.CommentsClose CommentsPermalink





Sec. 100243. CDBG eligibility for flood insurance outreach activities and community building code administration grants.CommentsClose CommentsPermalink





Sec. 100244. Termination of force-placed insurance.CommentsClose CommentsPermalink





Sec. 100245. FEMA authority on transfer of policies.CommentsClose CommentsPermalink





Sec. 100246. Reimbursement of certain expenses.CommentsClose CommentsPermalink





Sec. 100247. FIO study on risks, hazards, and insurance.CommentsClose CommentsPermalink





Sec. 100248. Flood protection improvements constructed on certain properties.CommentsClose CommentsPermalink





Sec. 100249. No cause of action.CommentsClose CommentsPermalink

Sec. 100301. Federal Direct Stafford Loan interest rate extension.CommentsClose CommentsPermalink





Sec. 100302. Eligibility for, and interest charges on, Federal Direct Stafford Loans for new borrowers on or after July 1, 2013.CommentsClose CommentsPermalink

DIVISION G--AIR TRANSPORTATIONSec. 100301. Technical corrections relating to overflights of National ParksSURFACE TRANSPORTATION EXTENSION

Sec. 114001. Effective date.CommentsClose CommentsPermalink

DIVISION H--BUDGETARY EFFECTS

Sec. 100420001. Budgetary effects.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.CommentsClose CommentsPermalink

In this Act, the following definitions apply:CommentsClose CommentsPermalink





(1) DEPARTMENT- The term ‘Department’ means the Department of Transportation.CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of Transportation.CommentsClose CommentsPermalink

DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION PROGRAMSCommentsClose CommentsPermalink

TITLE I--FEDERAL-AID HIGHWAYSCommentsClose CommentsPermalink

Subtitle A--Authorizations and ProgramsCommentsClose CommentsPermalink

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink

(a) In General- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):CommentsClose CommentsPermalink





(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 safesurface transportation program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 148 of that title, the congestion 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 section9 of that title, and to carry out section 134 of that title--CommentsClose CommentsPermalink





(A) $39,143,000,0007,476,819,674 for fiscal year 2012; and(B) $39,806,000,000 for fiscal year 20133; andCommentsClose CommentsPermalink





(B) $37,798,000,000 for fiscal year 2014.CommentsClose CommentsPermalink





(2) TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM- For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $1,000,000,000 for each of fiscal years 2012 and 2013--CommentsClose CommentsPermalink





(A) $750,000,000 for fiscal year 2013; andCommentsClose CommentsPermalink





(B) $1,000,000,000 for fiscal year 2014.CommentsClose CommentsPermalink





(3) FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS-CommentsClose CommentsPermalink





(A) TRIBAL TRANSPORTATION PROGRAM- For the tribal transportation program under section 202 of title 23, United States Code, $450,000,000 for each of fiscal years 2012 and 20133 and 2014.CommentsClose CommentsPermalink





(B) FEDERAL LANDS TRANSPORTATION PROGRAM- For the Federal lands transportation program under section 203 of title 23, United States Code, $300,000,000 for each of fiscal years 2012 and 2013, of which $263 and 2014, of which $240,000,000 of the amount made available for each fiscal year shall be the amount for the National Park Service and $30,000,000 of the amount made available for each fiscal year shall be the amount for the United States Fish and Wildlife Service.CommentsClose CommentsPermalink





(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 20133 and 2014.CommentsClose CommentsPermalink





(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 201390,000,000 for each of fiscal years 2013 and 2014.CommentsClose CommentsPermalink





(b) Disadvantaged Business Enterprises-CommentsClose CommentsPermalink





(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





(A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in federally-assisted surface transportation markets across the United States;CommentsClose CommentsPermalink





(B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program;CommentsClose CommentsPermalink





(C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem;CommentsClose CommentsPermalink





(D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; andCommentsClose CommentsPermalink





(E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business.CommentsClose CommentsPermalink





(2) DEFINITIONS- In this subsection, the following definitions apply:CommentsClose CommentsPermalink





(A) SMALL BUSINESS CONCERN-CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(ii) EXCLUSIONS- The term ‘small business concern’ does not include any concern or group of concerns controlled by the same socially and economically disadvantaged 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.CommentsClose CommentsPermalink





(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS- The term ‘socially and economically disadvantaged individuals’ means--

(i) women; and

(ii) any other socially and economically disadvantaged individuals (as the term is used in has the meaning given the term in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant to that Act).(2) issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.CommentsClose CommentsPermalink




(3) AMOUNTS FOR SMALL BUSINESS CONCERNS- Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under divisions A and B of this Act and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals.CommentsClose CommentsPermalink





(34) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES- Each State shall annually--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by--CommentsClose CommentsPermalink





(i) women;CommentsClose CommentsPermalink





(ii) socially and economically disadvantaged individuals (other than women); andCommentsClose CommentsPermalink





(iii) individuals who are women and are otherwise socially and economically disadvantaged individuals.CommentsClose CommentsPermalink





(45) UNIFORM CERTIFICATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection.CommentsClose CommentsPermalink





(B) INCLUSIONS- The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern--CommentsClose CommentsPermalink





(i) on-site visits;CommentsClose CommentsPermalink





(ii) personal interviews with personnel;CommentsClose CommentsPermalink





(iii) issuance or inspection of licenses;CommentsClose CommentsPermalink





(iv) analyses of stock ownership;CommentsClose CommentsPermalink





(v) listings of equipment;CommentsClose CommentsPermalink





(vi) analyses of bonding capacity;CommentsClose CommentsPermalink





(vii) listings of work completed;CommentsClose CommentsPermalink





(viii) examination of the resumes of principal owners;CommentsClose CommentsPermalink





(ix) analyses of financial capacity; andCommentsClose CommentsPermalink





(x) analyses of the type of work preferred.CommentsClose CommentsPermalink





(56) REPORTING- The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary--CommentsClose CommentsPermalink





(A) information concerning disadvantaged business enterprise awards, commitments, and achievements; andCommentsClose CommentsPermalink





(B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program.CommentsClose CommentsPermalink





(67) COMPLIANCE WITH COURT ORDERS- Nothing in this subsection limits the eligibility of an individual 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 person 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 requirement or the implementation of paragraph (2) is unconstitutional.CommentsClose CommentsPermalink

SEC. 1102. OBLIGATION CEILING.CommentsClose CommentsPermalink

(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--CommentsClose CommentsPermalink





(1) $41,56439,699,000,000 for fiscal year 2012; and(2) $42,227,000,000 for fiscal year 20133; andCommentsClose CommentsPermalink





(2) $40,256,000,000 for fiscal year 2014.CommentsClose CommentsPermalink





(b) Exceptions- The limitations under subsection (a) shall not apply to obligations under or for--CommentsClose CommentsPermalink





(1) section 125 of title 23, United States Code;CommentsClose CommentsPermalink





(2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);CommentsClose CommentsPermalink





(3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701);CommentsClose CommentsPermalink





(4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119);CommentsClose CommentsPermalink





(5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198);CommentsClose CommentsPermalink





(6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027);CommentsClose CommentsPermalink





(7) section 157 of title 23, United States Code (as in effect on June 8, 1998);CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(9) Federal-aid highway programs for which obligation 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;CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(11) section 1603 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU (23 U.S.C. 118 note; 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; andCommentsClose CommentsPermalink





(12) section 119 of title 23, United States Code (but, for each of fiscal years 2012 through 20133 through 2014, only in an amount equal to $639,000,000 for each of those fiscal years).CommentsClose CommentsPermalink





(c) Distribution of Obligation Authority- For each of fiscal years 2012 through 20133 through 2014, the Secretary--CommentsClose CommentsPermalink





(1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for--CommentsClose CommentsPermalink





(A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; andCommentsClose CommentsPermalink





(B) amounts authorized for the Bureau of Transportation Statistics;CommentsClose CommentsPermalink





(2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts--CommentsClose CommentsPermalink





(A) made available from the Highway Trust Fund (other than the Mass Transit Account) 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); andCommentsClose CommentsPermalink





(B) for which obligation authority was provided in a previous fiscal year;CommentsClose CommentsPermalink





(3) shall determine the proportion that--CommentsClose CommentsPermalink





(A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears toCommentsClose CommentsPermalink





(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 authorized to be appropriated for section 119 of 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;CommentsClose CommentsPermalink





(4) shall distribute the obligation authority provided 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 Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying--CommentsClose CommentsPermalink





(A) the proportion determined under paragraph (3); byCommentsClose CommentsPermalink





(B) the amounts authorized to be appropriated for each such program for the fiscal year; andCommentsClose CommentsPermalink





(5) shall distribute the obligation authority provided 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 construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under section 204 of that title) in the proportion that--CommentsClose CommentsPermalink





(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 toCommentsClose CommentsPermalink





(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year.CommentsClose CommentsPermalink





(d) Redistribution of Unused Obligation Authority- Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2012 through 20133 through 2014--CommentsClose CommentsPermalink





(1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; andCommentsClose CommentsPermalink





(2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances 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.CommentsClose CommentsPermalink





(e) Applicability of Obligation Limitations to Transportation Research Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under--CommentsClose CommentsPermalink





(A) chapter 5 of title 23, United States Code; andCommentsClose CommentsPermalink





(B) division E of this Act.CommentsClose CommentsPermalink





(2) EXCEPTION- Obligation authority made available under paragraph (1) shall--CommentsClose CommentsPermalink





(A) remain available for a period of 4 fiscal years; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) Redistribution of Certain Authorized Funds-CommentsClose CommentsPermalink





(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 20133 through 2014, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that--CommentsClose CommentsPermalink





(A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; andCommentsClose CommentsPermalink





(B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year.CommentsClose CommentsPermalink





(2) RATIO- Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5).CommentsClose CommentsPermalink





(3) AVAILABILITY- Funds distributed to each State under paragraph (1) shall be available for any purpose described insection 133(c) of title 23, United States Code. section 133(c) of title 23, United States Code.CommentsClose CommentsPermalink

SEC. 1103. DEFINITIONS.CommentsClose CommentsPermalink

(a) Definitions- Section 101(a) of title 23, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39);CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink





‘(2) ASSET MANAGEMENT- The term ‘asset management’ means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.’;CommentsClose CommentsPermalink





(4) in paragraph (4) (as redesignated by paragraph (2))--CommentsClose CommentsPermalink





(A) in the matter preceding subparagraph (A), by inserting ‘or any project eligible for assistance under this title’ after ‘of a highway’;CommentsClose CommentsPermalink





(B) by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





‘(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 specifications of the National Oceanic and Atmospheric Administration), and architectural-related services;’;CommentsClose CommentsPermalink





(C) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by inserting ‘reconstruction,’ before ‘resurfacing’; andCommentsClose CommentsPermalink





(ii) by striking ‘and rehabilitation’ and inserting ‘rehabilitation, and preservation’;CommentsClose CommentsPermalink





(D) in subparagraph (E) by striking ‘railway’ and inserting ‘railway-highway’; andCommentsClose CommentsPermalink





(E) in subparagraph (F) by striking ‘obstacles’ and inserting ‘hazards’.;CommentsClose CommentsPermalink





(5) in paragraph (6) (as so redesignated)--CommentsClose CommentsPermalink





(A) by inserting ‘public’ before ‘highway eligible’; andCommentsClose CommentsPermalink





(B) by inserting ‘functionally’ before ‘classified’;CommentsClose CommentsPermalink





(6) by inserting after paragraph (6) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(7) FEDERAL LANDS ACCESS TRANSPORTATION 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.CommentsClose CommentsPermalink





‘(8) FEDERAL LANDS TRANSPORTATION FACILITY- The term ‘Federal lands 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 and maintenance responsibility is vested in the Federal Government, and that appears on the national Federal lands transportation facility inventory described in section 203(c).’;CommentsClose CommentsPermalink





(7) in paragraph (11)(B) by inserting ‘including public roads on dams’ after ‘drainage structure’;CommentsClose CommentsPermalink





(8) in paragraph (14) (as so redesignated)--CommentsClose CommentsPermalink





(A) by striking ‘as a’ and inserting ‘as an air quality’; andCommentsClose CommentsPermalink





(B) by inserting ‘air quality’ before ‘attainment area’;CommentsClose CommentsPermalink





(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 undertaking’;CommentsClose CommentsPermalink





(10) in paragraph (19) (as so redesignated)--CommentsClose CommentsPermalink





(A) by striking ‘the State transportation department and’; andCommentsClose CommentsPermalink





(B) by inserting ‘and the recipient’ after ‘Secretary’;CommentsClose CommentsPermalink





(11) by striking paragraph (23) (as so redesignated) and inserting the following:CommentsClose CommentsPermalink





‘(23) SAFETY IMPROVEMENT PROJECT- The term ‘safety improvement project’ means a strategy, activity, or project on a public road that is consistent 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.’;CommentsClose CommentsPermalink





(12) by inserting after paragraph (26) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(27) STATE STRATEGIC HIGHWAY SAFETY PLAN- The term ‘State strategic highway safety plan’ has the same meaning given such term in section 148(a).’;CommentsClose CommentsPermalink





(13) by striking paragraph (29) (as so redesignated) and inserting the following:CommentsClose CommentsPermalink





‘(29) TRANSPORTATION ENHANCEMENT ACTIVITYALTERNATIVES- The term ‘transportation enhancement activityalternatives’ means any of the following activities when carried out as part of any program or project authorized or funded under this title, or as an independent program or project related to surface transportation:CommentsClose CommentsPermalink





‘(A) Provision of facilities for pedestrians and bicyclesConstruction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).CommentsClose CommentsPermalink





‘(B) Provision of safety and educational activities for pedestrians and bicyclistConstruction, planning, and design of infrastructure-related projects and systems that will provide safe routes for non-drivers, including children, older adults, and individuals with disabilities to access daily needs.CommentsClose CommentsPermalink





‘(C) Acquisition of scenic easements and scenic or historic siteConversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users.CommentsClose CommentsPermalink





‘(D) Scenic or historic highways and bridgeConstruction of turnouts, overlooks, and viewing areas.CommentsClose CommentsPermalink





‘(E) VCommunity improvement activities, including--CommentsClose CommentsPermalink





‘(i) inventory, control, or removal of outdoor advertising;CommentsClose CommentsPermalink





‘(ii) historic preservation and rehabilitation of historic transportation facilities;CommentsClose CommentsPermalink





‘(iii) vegetation management practices in transportation rights-of-way and other activities eligible under section 319.

‘(F) Historic preservation, rehabilitation, and operation of historic transportation buildings, 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.

‘(Jto improve roadway safety, prevent against invasive species, and provide erosion control; andCommentsClose CommentsPermalink




‘(iv) archaeological activities relating to impacts from implementation of a transportation project eligible under this title.CommentsClose CommentsPermalink





‘(F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to--CommentsClose CommentsPermalink





‘(i) address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 133(b)(11), 328(a), and 329; orCommentsClose CommentsPermalink





‘(ii) reduce vehicle-caused wildlife mortality or to restore and maintain connectivity among terrestrial or aquatic habitats.’; andCommentsClose CommentsPermalink





(14) by inserting after paragraph (29) (as so redesignated) the following:CommentsClose CommentsPermalink





‘(30) TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘transportation systems management and operations’ means integrated strategies to optimize the performance of existing infrastructure through the implementation of multimodal and intermodal, cross-jurisdictional systems, services, and projects designed to preserve capacity and improve security, safety, and reliability of the transportation system.CommentsClose CommentsPermalink





‘(B) INCLUSIONS- The term ‘transportation systems management and operations’ includes--CommentsClose CommentsPermalink





‘(i) actions such as traffic detection and surveillance, corridor management, freeway management, arterial management, active transportation and demand management, work zone management, emergency management, traveler information services, congestion pricing, parking management, automated enforcement, traffic control, commercial vehicle operations, freight management, and coordination of highway, rail, transit, bicycle, and pedestrian operations; andCommentsClose CommentsPermalink





‘(ii) coordination of the implementation of regional transportation system management and operations investments (such as traffic incident management, traveler information services, emergency management, roadway weather management, intelligent transportation systems, communication networks, and information sharing systems) requiring agreements, integration, and interoperability to achieve targeted system performance, reliability, safety, and customer service levels.CommentsClose CommentsPermalink





‘(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 facility inventory described in section 202(b)(1).CommentsClose CommentsPermalink





‘(32) TRUCK STOP ELECTRIFICATION SYSTEM- The term ‘truck stop electrification system’ means a system that delivers heat, air conditioning, electricity, or communications to a heavy-duty vehicle.’.CommentsClose CommentsPermalink





(b) Sense of Congress- Section 101(c) of title 23, United States Code, is amended by striking ‘system’ and inserting ‘highway’.CommentsClose CommentsPermalink

SEC. 1104. NATIONAL HIGHWAY SYSTEM.CommentsClose CommentsPermalink

(a) In General- Section 103 of title 23, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 103. National highway s-‘Sec. 103. National Highway SystemCommentsClose CommentsPermalink

‘(a) In General- For the purposes of this title, the Federal-aid system is the National Highway System, which includes the Interstate System.CommentsClose CommentsPermalink





‘(b) National Highway System-CommentsClose CommentsPermalink





‘(1) DESCRIPTION- The National Highway System consists of the highway routes and connections to transportation facilities that shall--CommentsClose CommentsPermalink





‘(A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations;CommentsClose CommentsPermalink





‘(B) meet national defense requirements; andCommentsClose CommentsPermalink





‘(C) serve interstate and interregional travel and commerce.CommentsClose CommentsPermalink





‘(2) COMPONENTS- The National Highway System described in paragraph (1) consists of the following:CommentsClose CommentsPermalink





‘(A) The National Highway System depicted on the map submitted by the Secretary of Transportation to Congress with the report entitled ‘Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals’ and dated May 24, 1996, and modifications approved by the Secretary before the date of enactment of the MAP-21.CommentsClose CommentsPermalink





‘(B) Other urban and rural principal arterial 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.CommentsClose CommentsPermalink





‘(C) Other connector highways (including toll facilities) that were not included in the National Highway System before the date of enactment of the MAP-21 but that provide motor vehicle access between arterial routes on the National Highway System and a major intermodal transportation facility.CommentsClose CommentsPermalink





‘(D) A strategic highway network that--CommentsClose CommentsPermalink





‘(i) consists of a network of highways that are important to the United States strategic defense policy, that provide defense access, continuity, and emergency capabilities for the movement of personnel, materials, and equipment in both peacetime and wartime, and that were not included on the National Highway System before the date of enactment of the MAP-21;CommentsClose CommentsPermalink





‘(ii) may include highways on or off the Interstate System; andCommentsClose CommentsPermalink





‘(iii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States.CommentsClose CommentsPermalink





‘(E) Major strategic highway network connectors that--CommentsClose CommentsPermalink





‘(i) consist of highways that provide motor vehicle access between major military installations and highways that are part of the strategic highway network but were not included on the National Highway System before the date of enactment of the MAP-21; andCommentsClose CommentsPermalink





‘(ii) shall be designated by the Secretary, in consultation with appropriate Federal agencies and the States.CommentsClose CommentsPermalink





‘(3) MODIFICATIONS TO NHS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National Highway System that is proposed by a State if the Secretary determines that the modification--CommentsClose CommentsPermalink





‘(i) meets the criteria established for the National Highway System under this title after the date of enactment of the MAP-21; andCommentsClose CommentsPermalink





‘(ii) enhances the national transportation characteristics of the National Highway System.CommentsClose CommentsPermalink





‘(B) COOPERATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In proposing a modification under this paragraph, a State shall cooperate with local and regional officials.CommentsClose CommentsPermalink





‘(ii) URBANIZED AREAS- In an urbanized area, the local officials shall act through the metropolitan planning organization designated for the area under section 134.CommentsClose CommentsPermalink





‘(c) Interstate System-CommentsClose CommentsPermalink





‘(1) DESCRIPTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Dwight D. Eisenhower National System of Interstate and Defense Highways within the United States (including the District of Columbia and Puerto Rico) consists of highways designed, located, and selected in accordance with this paragraph.CommentsClose CommentsPermalink





‘(B) DESIGN-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), highways on the Interstate System shall be designed in accordance with the standards of section 109(b).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(C) LOCATION- Highways on the Interstate System shall be located so as--CommentsClose CommentsPermalink





‘(i) to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers;CommentsClose CommentsPermalink





‘(ii) to serve the national defense; andCommentsClose CommentsPermalink





‘(iii) to the maximum extent practicable, to connect at suitable border points with routes of continental importance in Canada and Mexico.CommentsClose CommentsPermalink





‘(D) SELECTION OF ROUTES- To the maximum extent practicable, each route of the Interstate System shall be selected by joint action 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.CommentsClose CommentsPermalink





‘(2) MAXIMUM MILEAGE- The mileage of highways on the Interstate System shall not exceed 43,000 miles, exclusive of designations under paragraph (4).CommentsClose CommentsPermalink





‘(3) MODIFICATIONS- The Secretary may approve or require modifications to the Interstate System in a manner consistent with the policies and procedures established under this subsection.CommentsClose CommentsPermalink





‘(4) INTERSTATE SYSTEM DESIGNATIONS-CommentsClose CommentsPermalink





‘(A) ADDITIONS- If the Secretary determines 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 affirmative recommendation of the State or States in which the highway is located, designate the highway as a route on the Interstate System.CommentsClose CommentsPermalink





‘(B) DESIGNATIONS AS FUTURE INTERSTATE SYSTEM ROUTES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Subject to clauses (ii) through (vi), if the Secretary determines that a highway on the National Highway System would be a logical addition or connection to the Interstate System and would qualify for designation as a route on the Interstate System under subparagraph (A) if the highway met all standards of a highway on the Interstate System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway is located, designate the highway as a future Interstate System route.CommentsClose CommentsPermalink





‘(ii) WRITTEN AGREEMENT- A designation 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.CommentsClose CommentsPermalink





‘(iii) FAILURE TO COMPLETE CONSTRUCTION- If a State described in clause (i) has not substantially completed the construction 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.CommentsClose CommentsPermalink





‘(iv) EFFECT OF REMOVAL- Removal 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 provision of law providing for addition to the Interstate System.CommentsClose CommentsPermalink





‘(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 limitation described in that clause, regardless of any earlier construction completion date in the agreement.CommentsClose CommentsPermalink





‘(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 subparagraph, and no such highway shall be signed or marked, as a highway on the Interstate System, until such time as the highway--CommentsClose CommentsPermalink





‘(I) is constructed to the geometric and construction standards for the Interstate System; andCommentsClose CommentsPermalink





‘(II) has been designated as a route on the Interstate System.CommentsClose CommentsPermalink





‘(C) FINANCIAL RESPONSIBILITY- Except as provided in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway.CommentsClose CommentsPermalink





‘(5) EXEMPTION OF INTERSTATE SYSTEM-CommentsClose CommentsPermalink





‘(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 System or portions or elements of the Interstate System are listed on, or eligible for listing on, the National Register of Historic Places.CommentsClose CommentsPermalink





‘(B) INDIVIDUAL ELEMENTS- Subject to subparagraph (C)--CommentsClose CommentsPermalink





‘(i) the Secretary shall determine, through the administrative process established 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 System that possess national or exceptional historic significance (such as a historic bridge or a highly significant engineering feature); andCommentsClose CommentsPermalink





‘(ii) those elements shall be considered to be historic sites under section 303 of title 49 or section 138 of this title, as applicable.CommentsClose CommentsPermalink





‘(C) CONSTRUCTION, MAINTENANCE, RESTORATION, AND REHABILITATION ACTIVITIES- Subparagraph (B) does not prohibit a State from carrying out construction, maintenance, preservation, restoration, or rehabilitation activities for a portion of the Interstate System referred to in subparagraph (B) upon compliance 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).’.CommentsClose CommentsPermalink





’(b) Inclusion of Certain Route Segments on Interstate System-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘and in subsections (c)(18) and (c)(20)’ and inserting ‘, in subsections (c)(18) and (c)(20), and in subparagraphs (A)(iii) and (B) of subsection (c)(26)’; andCommentsClose CommentsPermalink





(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 segment by the date that is 25 years after the date of enactment of the MAP-21.’.CommentsClose CommentsPermalink





(2) ROUTE DESIGNATION- Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation 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 designated as Interstate Route I-11.’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘103. National highway sHighway System.’.CommentsClose CommentsPermalink





(2) SECTION 113- Section 113 of title 23, United States Code, is amended--CommentsClose CommentsPermalink





(A) in subsection (a) by striking ‘the Federal-aid systems’ and inserting ‘Federal-aid highways’; andCommentsClose CommentsPermalink





(B) in subsection (b), in the first sentence, by striking ‘of the Federal-aid systems’ and inserting ‘Federal-aid highway’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(6) SECTION 317- Section 317(d) of title 23, United States Code, is amended by striking ‘system’ and inserting ‘highway’.CommentsClose CommentsPermalink

SEC. 1105. APPORTIONMENT.CommentsClose CommentsPermalink

(a) In General- Section 104 of title 23, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

-‘Sec. 104. ApportionmentCommentsClose CommentsPermalink

‘(a) Administrative Expenses-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration $480,000,000 for each of fiscal years 2012 and 2013.‘(2)--CommentsClose CommentsPermalink





‘(A) $454,180,326 for fiscal year 2013; andCommentsClose CommentsPermalink





‘(B) $440,000,000 for fiscal year 2014.CommentsClose CommentsPermalink





‘(2) PURPOSES- The amounts authorized to be appropriated by this subsection shall be used--CommentsClose CommentsPermalink





‘(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;CommentsClose CommentsPermalink





‘(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; andCommentsClose CommentsPermalink





‘(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.CommentsClose CommentsPermalink





‘(3) AVAILABILITY- The amounts made available under paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink





‘(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 improvement program, the congestion mitigation and air quality improvement program, and the national freighsurface transportation program, the highway safety improvement program, and the congestion mitigation and air quality improvement program, and to carry out section 134 as follows:CommentsClose CommentsPermalink





‘(1) NATIONAL HIGHWAY PERFORMANCE PROGRAM- For the national highway performance program, 5863.7 percent of the amount remaining after distributing amounts under paragraphs (4) and (65).CommentsClose CommentsPermalink





‘(2) TRANSPORTATION MOBILITY PROGRAM- For the transportation mobility SURFACE TRANSPORTATION PROGRAM- For the surface transportation program, 29.3 percent of the amount remaining after distributing amounts under paragraphs (4) and (65).CommentsClose CommentsPermalink





‘(3) HIGHWAY SAFETY IMPROVEMENT PROGRAM- For the highway safety improvement program, 7 percent of the amount remaining after distributing amounts under paragraphs (4) and (65).CommentsClose CommentsPermalink





‘(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- For the congestion mitigation and air quality improvement program, an amount determined by multiplying the amount determined for the State under subsection (c) by the proportion that--CommentsClose CommentsPermalink





‘(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 toCommentsClose CommentsPermalink





‘(B) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP-21.CommentsClose CommentsPermalink





‘(5) NATIONAL FREIGHT PROGRAM- For the national freight program, 5.7 percent of the amount remaining after distributing amounts under paragraphs (4) and (6).‘(6)METROPOLITAN PLANNING- To carry out section 134, an amount determined by multiplying the amount determined for the State under subsection (c) by the proportion that--CommentsClose CommentsPermalink





‘(A) the amount apportioned to the State to carry out section 134 for fiscal year 2009; bears toCommentsClose CommentsPermalink





‘(B) the total amount of funds apportioned to the State for that fiscal year for the programs referred to in section 105(a)(2) (except for the high priority projects program referred to in section 105(a)(2)(H)), as in effect on the day before the date of enactment of the MAP-21.CommentsClose CommentsPermalink





‘(c) Calculation of State Amounts-CommentsClose CommentsPermalink





‘(1) STATE SHARE- TFOR FISCAL YEAR 2013-CommentsClose CommentsPermalink





‘(A) CALCULATION OF AMOUNT- For fiscal year 2013, the amount for each State of combined apportionments for the national highway performance program under section 119, the transportation mobilitysurface transportation 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 freightand to carry out section 134 shall be equal to the combined amount of apportionments that the State received for fiscal year 2012.CommentsClose CommentsPermalink





‘(B) STATE APPORTIONMENT- On October 1 of such fiscal year, the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation program under section 16733, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 in accordance with subparagraph (A).CommentsClose CommentsPermalink





‘(2) FOR FISCAL YEAR 2014-CommentsClose CommentsPermalink





‘(A) STATE SHARE- For fiscal year 2014, the amount for each State of combined apportionments for the national highway performance program under section 119, the surface transportation program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, and to carry out section 134 shall be determined as follows:CommentsClose CommentsPermalink





‘(Ai) INITIAL AMOUNT- The initial amount for each State shall be determined by multiplying the total amount available for apportionment by the share for each State which shall be equal to the proportion that--CommentsClose CommentsPermalink





‘(i) the amount of apportionments and allocations that the State received for fiscal years 2005 through 2009I) the amount of apportionments that the State received for fiscal year 2012; bears toCommentsClose CommentsPermalink





‘(ii) the amount of those apportionments and allocations received by all States for those fiscal years.‘(BII) the amount of those apportionments received by all States for that fiscal year.CommentsClose CommentsPermalink





‘(ii) ADJUSTMENTS TO AMOUNTS- The initial amounts resulting from the calculation under subparagraph (Aclause (i) shall be adjusted to ensure that, for each State, the amount of combined 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 recent fiscal year for which data are available.CommentsClose CommentsPermalink





‘(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 operated toll road that is subject to an agreement giving a private entity--

‘(aa) control over the operation of the highway; and

‘(bb) ownership over the toll revenues collected from the operation of the highway.

‘(II) EXCLUSION- The term ‘privatized highway’ does not include any highway or toll road that was originally--

‘(aa) financed and constructed 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 multiplying--

‘(I) the amount to be apportioned to the State, as so adjusted under those subparagraphs; and

‘(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 multiplying--

‘(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 National Highway System routes in the State; bears to

‘(BB) the total number of vehicle miles traveled on all lanes on National Highway System routes in the State.

‘(iv) REAPPORTIONMENT- An amount withheld from apportionment to a State under clause (ii) shall be reapportioned among all other States based on the proportions calculated under subparagraph (A).

‘(2B) STATE APPORTIONMENT- On October 1 of easuch 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 mobilitysurface transportation 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 in accordance with paragraph (1and to carry out section 134 in accordance with subparagraph (A).CommentsClose CommentsPermalink




‘(d) Metropolitan Planning-CommentsClose CommentsPermalink





‘(1) USE OF AMOUNTS-CommentsClose CommentsPermalink





‘(A) USE-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), the amounts apportioned to a State under subsection (b)(65) shall be made available by the State to the metropolitan planning organizations responsible for carrying out section 134 in the State.CommentsClose CommentsPermalink





‘(ii) STATES RECEIVING MINIMUM APPORTIONMENT- A State that received the minimum apportionment for use in carrying out section 134 for fiscal year 2009 may, subject to the approval of the Secretary, use the funds apportioned under subsection (b)(65) to fund transportation planning outside of urbanized areas.CommentsClose CommentsPermalink





‘(B) UNUSED FUNDS- Any funds that are not used to carry out section 134 may be made available by a metropolitan planning organization to the State to fund activities under section 135.CommentsClose CommentsPermalink





‘(2) DISTRIBUTION OF AMOUNTS WITHIN STATES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The distribution within any State of the planning funds made available to organizations under paragraph (1) shall be in accordance with a formula that--CommentsClose CommentsPermalink





‘(i) is developed by each State and approved by the Secretary; andCommentsClose CommentsPermalink





‘(ii) takes into consideration, at a minimum, population, status of planning, attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out section 134 and other applicable requirements of Federal law.CommentsClose CommentsPermalink





‘(B) REIMBURSEMENT- Not later than 15 business days after the date of receipt by a State of a request for reimbursement of expenditures made by a metropolitan planning organization for carrying out section 134, the State shall reimburse, from amounts distributed under this paragraph to the metropolitan planning organization by the State, the metropolitan planning organization for those expenditures.CommentsClose CommentsPermalink





‘(3) DETERMINATION OF POPULATION FIGURES- 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.CommentsClose CommentsPermalink





‘(e) Certification of Apportionments-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





‘(A) on October 1 of each fiscal year, certify to each of the State transportation departments the amount that has been apportioned to the State under this section for the fiscal year; andCommentsClose CommentsPermalink





‘(B) to permit the States to develop adequate 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.CommentsClose CommentsPermalink





‘(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 of that fiscal year, the Secretary shall submit, by not later than that date, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, a written statement of the reason for not making the apportionment in a timely manner.CommentsClose CommentsPermalink





‘(3) APPORTIONMENT CALCULATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The calculation of official 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 Department.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(f) Transfer of Highway and Transit Funds-CommentsClose CommentsPermalink





‘(1) TRANSFER OF HIGHWAY FUNDS FOR TRANSIT PROJECTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), amounts made available for transit projects or transportation planning under this title may be transferred to and administered by the Secretary in accordance with chapter 53 of title 49.CommentsClose CommentsPermalink





‘(B) NON-FEDERAL SHARE- The provisions of this title relating to the non-Federal share shall apply to the amounts transferred under subparagraph (A).CommentsClose CommentsPermalink





‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGHWAY PROJECTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), amounts made available for highway projects or transportation planning under chapter 53 of title 49 may be transferred to and administered by the Secretary in accordance with this title.CommentsClose CommentsPermalink





‘(B) NON-FEDERAL SHARE- The provisions of chapter 53 of title 49 relating to the non-Federal share shall apply to amounts transferred under subparagraph (A).CommentsClose CommentsPermalink





‘(3) TRANSFER OF FUNDS AMONG STATES OR TO FEDERAL HIGHWAY ADMINISTRATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to subparagraph (B), the Secretary may, at the request of a State, transfer amounts apportioned or allocated under this title to the State to another State, or to the Federal Highway Administration, for the purpose of funding 1 or more projects that are eligible for assistance with amounts so apportioned or allocated.CommentsClose CommentsPermalink





‘(B) APPORTIONMENT- The transfer shall have no effect on any apportionment of amounts to a State under this section.CommentsClose CommentsPermalink





‘(C) FUNDS SUBALLOCATED TO URBANIZED AREAS- Amounts that are apportioned or allocated to a State under subsection (b)(3) (as in effect on the day before the date of enactment 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 planning organization designated for the area concurs, in writing, with the transfer request.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





’‘(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--CommentsClose CommentsPermalink





‘(1) the amount obligated, by each State, for Federal-aid highways and highway safety construction programs during the preceding fiscal year;CommentsClose CommentsPermalink





‘(2) the balance, as of the last day of the preceding fiscal year, of the unobligated apportionment of each State by fiscal year under this section;CommentsClose CommentsPermalink





‘(3) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and programs for the fiscal year; andCommentsClose CommentsPermalink





‘(4) the rates of obligation of funds apportioned or set aside under this section, according to--CommentsClose CommentsPermalink





‘(A) program;CommentsClose CommentsPermalink





‘(B) funding category of subcategory;CommentsClose CommentsPermalink





‘(C) type of improvement;CommentsClose CommentsPermalink





‘(D) State; andCommentsClose CommentsPermalink





‘(E) sub-State geographical area, including urbanized and rural areas, on the basis of the population of each such area.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 146(a) of title 23, United States Code, is amended by striking ‘sections 104(b)(l) and 104(b)(3)’ and inserting ‘section 104(b)(2)’.CommentsClose CommentsPermalink

SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.CommentsClose CommentsPermalink

(a) In General- Section 119 of title 23, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

-‘Sec. 119. National highway performance programCommentsClose CommentsPermalink

‘(a) Establishment- The Secretary shall establish and implement a national highway performance program under this section.CommentsClose CommentsPermalink





‘(b) Purposes- The purposes of the national highway performance program shall be--CommentsClose CommentsPermalink





‘(1) to provide support for the condition and performance of the National Highway System;CommentsClose CommentsPermalink





and‘(2 ‘(2) to provide support for the construction of new facilities on the National Highway System; and CommentsClose CommentsPermalink





‘(3) to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the achievement of performance targets for infrastructure condition and performance.‘(c)established in an asset management plan of a State for the National Highway System.CommentsClose CommentsPermalink





‘(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 defined in section 103.CommentsClose CommentsPermalink





‘(d) Eligible Projects- Funds apportioned to a State to carry out the national highway performance program may be obligated only for a project on an eligible facility that is--CommentsClose CommentsPermalink





‘(1) a project, or is part of a program of projects,(A) a project or part of a program of projects supporting progress toward the achievement of national performance goals for improving infrastructure condition, safety, mobility, or freight movement on the National Highway System and consistent with sections ; andCommentsClose CommentsPermalink





‘(B) consistent with sections 134 and 135; andCommentsClose CommentsPermalink





‘(2) for 1 or more of the following purposes:CommentsClose CommentsPermalink





‘(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System.CommentsClose CommentsPermalink





‘(B) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on the National Highway System.CommentsClose CommentsPermalink





‘(C) Construction, replacement (including replacement with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of tunnels on the National Highway System.CommentsClose CommentsPermalink





‘(D) Inspection and evaluation, as described in section 144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and drainage structures.CommentsClose CommentsPermalink





‘(E) Training of bridge and tunnel inspectors, as described in section 144.CommentsClose CommentsPermalink





‘(F) Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National Highway System.CommentsClose CommentsPermalink





‘(G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit project eligible for assistance under chapter 53 of title 49, if--CommentsClose CommentsPermalink





‘(i) the highway project or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System;CommentsClose CommentsPermalink





‘(ii) the construction or improvements will reduce delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; andCommentsClose CommentsPermalink





‘(iii) the construction or improvements are more cost-effective, as determined by benefit-cost analysis, than an improvement to the fully access-controlled highway described in clause (i).CommentsClose CommentsPermalink





‘(H) Bicycle transportation and pedestrian walkways in accordance with section 217.CommentsClose CommentsPermalink





‘(I) Highway safety improvements for segments of the National Highway System.CommentsClose CommentsPermalink





‘(J) Capital and operating costs for traffic and traveler information monitoring, management, and control facilities and programs.CommentsClose CommentsPermalink





‘(K) Development and implementation of a State asset management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment required for risk-based asset management and performance-based management.CommentsClose CommentsPermalink





‘(L) Infrastructure-based intelligent transportation systems capital improvements.CommentsClose CommentsPermalink





‘(M) Environmental restoration and pollution abatement in accordance with section 328.CommentsClose CommentsPermalink





‘(N) Control of noxious weeds and aquatic noxious weeds and establishment of native species in accordance with section 329.CommentsClose CommentsPermalink





‘(O) In accordance with all applicable Federal law (including regulations), participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include participation in natural habitat and wetlands mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands, and development of statewide and regional natural habitat and wetlands conservation and mitigation plans, including any such banks, efforts, and plans developed in accordance with applicable Federal law (including regulations), on the conditions that--

‘(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 requirements of Federal law (including regulations) and State transportation planning processes; and

‘(ii) with respect to participation in a natural habitat or wetland mitigation effort relating to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference is given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with applicable Federal law (including regulations).

‘(P) Replacement (including replacement with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, impact protection measures, security countermeasures, and protection against extreme events) of bridges on Federal-aid highways (other than on the National Highway System).

‘(e) Limitation on New Capacity-

‘(1) IN GENERAL- Except as provided in paragraph (2), the maximum amount that a State may obligate under this section for projects under subparagraphs (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 during 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.

‘(fEnvironmental mitigation efforts related to projects funded under this section, as described in subsection (g).CommentsClose CommentsPermalink




‘(P) Construction of publicly owned intracity or intercity bus terminals servicing the National Highway System.CommentsClose CommentsPermalink





‘(e) State Performance Management-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A State shall develop a risk-based asset management plan for the National Highway System to improve or preserve asset condition and system performancethe condition of the assets and the performance of the system.CommentsClose CommentsPermalink





‘(2) PERFORMANCE DRIVEN PLAN- A State asset management plan shall include strategies leading 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 (5section 150(d) and supporting the progress toward the achievement of the national goals identified in section 150.‘(3(b).CommentsClose CommentsPermalink





‘(3) SCOPE- In developing a risk-based asset management plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan.CommentsClose CommentsPermalink





‘(4) PLAN CONTENTS- A State asset management plan shall, at a minimum, be in a form that the Secretary determines to be appropriate and include--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) asset management objectives and measures;CommentsClose CommentsPermalink





‘(C) performance gap identification;CommentsClose CommentsPermalink





‘(D) lifecycle cost and risk management analysis;CommentsClose CommentsPermalink





‘(E) a financial plan; andCommentsClose CommentsPermalink





‘(F) investment strategies.CommentsClose CommentsPermalink





‘(4) STANDARDS AND MEASURES-

‘(A) IN GENERAL- Subject to subparagraph (B), not later than 18 months after the date of enactment of the MAP-21, the Secretary shall, in consultation with State departments of transportation and other stakeholders, establish--

‘(i) minimum standards for States to use in developing and operating pavement management systems and bridge management systems;

‘(ii) measures for States to use to assess--

‘(I) the condition of pavements on the Interstate system;

‘(II) the condition of pavements on the National Highway System (excluding the Interstate);

‘(III) the condition of bridges on the National Highway System;

‘(IV) the performance of the Interstate System; and

‘(V) the performance of the National Highway System (excluding the Interstate System);

‘(iii) the data elements that are necessary to collect and maintain data, and a standardized process for collection and sharing of data with appropriate governmental entities at the Federal, State, and local levels (including metropolitan planning organizations), to carry out paragraph (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 proposed by the Secretary under that subparagraph; and

‘(ii) take into consideration any comments 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 establish targets that address each of the performance 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

‘(B) State targets that address the performance measures identified in paragraph (4)(B).

‘(75) REQUIREMENT FOR PLAN- Notwithstanding section 120, with respect to the second fiscal year beginning after the date of establishment of the process established in paragraph (8) or any subsequent fiscal year, if the Secretary determines that a State has not developed and implemented a State asset management plan consistent with this section, the Federal share payable on account of any project or activity carried out by the State in that fiscal year under this section shall be 65 percent.CommentsClose CommentsPermalink




‘(6) CERTIFICATION OF PLAN DEVELOPMENT PROCESS-CommentsClose CommentsPermalink





‘(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 Secretary shall--CommentsClose CommentsPermalink





‘(i) review the process; andCommentsClose CommentsPermalink





‘(ii)(I) certify that the process meets the requirements established by the Secretary; orCommentsClose CommentsPermalink





‘(II) deny certification and specify actions necessary for the State to take to correct deficiencies in the State process.CommentsClose CommentsPermalink





‘(B) RECERTIFICATION- Not less often thanfrequently than once every 4 years, the Secretary shall review and recertify that the process used by a State to develop and maintain the State asset management plan for the National Highway System meets the requirements for the process, as established by the Secretary.CommentsClose CommentsPermalink





‘(C) OPPORTUNITY TO CURE- If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(ii) a written statement of the specific actions the Secretary determines to be necessary for the State to cure the plan.CommentsClose CommentsPermalink





‘(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 targets for each of the performance measures for the National Highway System; and

‘(iii) the effectiveness of the investment strategy documented in the State asset management plan for the National Highway System.

‘(B) FAILURE TO ACHIEVE TARGETS7) PERFORMANCE ACHIEVEMENT- 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)ection 150(d) for the National Highway System 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.CommentsClose CommentsPermalink




‘(98) PROCESS- Not later than 18 months after the date of enactment of the MAP-21, the Secretary 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 standards and measures described in paragraph (4).‘(g.CommentsClose CommentsPermalink





‘(f) Interstate System and NHS Bridge Conditions-CommentsClose CommentsPermalink





‘(1) CONDITION OF INTERSTATE SYSTEM-CommentsClose CommentsPermalink





‘(A) PENALTY- If, during 2 consecutive reporting periods, the condition of the Interstate System, excluding bridges on the Interstate System, in a State falls below the minimum condition level established by the Secretary under subsection (f)(4)(A)(ivection 150(c)(3), the State shall be required, during the following fiscal year--CommentsClose CommentsPermalink





‘(i) to obligate, from the amounts apportioned 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 Interstate maintenance program for the purposes 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 required to be obligated in the previous fiscal year; andCommentsClose CommentsPermalink





‘(ii) to transfer, from the amounts apportioned to the State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 percent 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 effect on the day before the date of enactment of the MAP-21).CommentsClose CommentsPermalink





‘(B) RESTORATION- The obligation requirement 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 minimum condition level established by the Secretary under subsection (f)(4)(A)(iv).‘(2).CommentsClose CommentsPermalink





‘(2) CONDITION OF NHS BRIDGES-CommentsClose CommentsPermalink





‘(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 apportioned to the State under section 104(b)(1), an amount for bridges on the 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 suballocated to metropolitan areas and other areas of the State under section 133(d)) to the apportionment of the State under section 104(b)(1), an amount equal to 10 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) the Secretary determines that, for the 3-year-period preceding the date of the determination, more than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, an amount equal to 50 percent of funds apportioned to such State for fiscal year 2009 to carry out section 144 (as in effect the day before enactment of MAP-21) shall be set aside from amounts apportioned to a State for a fiscal year under section 104(b)(1) only for eligible projects on bridges on the National Highway System.CommentsClose CommentsPermalink




‘(B) RESTORATION- The obligation requirement for bridges on the National Highway System in a State required byset-aside requirement for bridges on the National Highway System in a State under 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 Highway System in the State exceeds the minimum condition level established by the Secretary under subsection (f)(4)(A)(iv)less than 10 percent of the total deck area of bridges in the State on the National Highway System is located on bridges that have been classified as structurally deficient, as determined by the Secretary.CommentsClose CommentsPermalink





‘(g) Environmental Mitigation-CommentsClose CommentsPermalink





‘(1) ELIGIBLE ACTIVITIES- In accordance with all applicable Federal law (including regulations), environmental mitigation efforts referred to in subsection (d)(2)(O) include participation in natural habitat and wetlands mitigation efforts relating to projects funded under this title, which may include--CommentsClose CommentsPermalink





‘(A) participation in mitigation banking or other third-party mitigation arrangements, such as--CommentsClose CommentsPermalink





‘(i) the purchase of credits from commercial mitigation banks;CommentsClose CommentsPermalink





‘(ii) the establishment and management of agency-sponsored mitigation banks; andCommentsClose CommentsPermalink





‘(iii) the purchase of credits or establishment of in-lieu fee mitigation programs;CommentsClose CommentsPermalink





‘(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetlands; andCommentsClose CommentsPermalink





‘(C) the development of statewide and regional environmental protection plans, including natural habitat and wetland conservation and restoration plans.CommentsClose CommentsPermalink





‘(2) INCLUSION OF OTHER ACTIVITIES- The banks, efforts, and plans described in paragraph (1) include any such banks, efforts, and plans developed in accordance with applicable law (including regulations).CommentsClose CommentsPermalink





‘(3) TERMS AND CONDITIONS- The following terms and conditions apply to natural habitat and wetlands mitigation efforts under this subsection:CommentsClose CommentsPermalink





‘(A) Contributions to the mitigation effort may--CommentsClose CommentsPermalink





‘(i) take place concurrent with, or in advance of, commitment of funding under this title to a project or projects; andCommentsClose CommentsPermalink





‘(ii) occur in advance of project construction only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State transportation planning processes.CommentsClose CommentsPermalink





‘(B) Credits from any agency-sponsored mitigation bank that are attributable to funding under this section may be used only for projects funded under this title, unless the agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the agency uses for purposes other than mitigation of a project funded under this title.CommentsClose CommentsPermalink





‘(4) PREFERENCE- At the discretion of the project sponsor, preference shall be given, to the maximum extent practicable, to mitigating an environmental impact through the use of a mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or in-lieu fee, or the other third-party mitigation arrangement for the project, is approved by the applicable Federal agency.’.CommentsClose CommentsPermalink





(b) Transition Period-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), until such date as a State has in effect an approved asset management plan and has established performance targets as described insection 119 sections 119 and 150 of title 23, United States Code, that will contribute to achieving the national goals for the condition and performance of the National Highway System, but not later than 18 months after the date on which the Secretary promulgates final regulationsthe final regulation required under section 119(f)(4) of that title, the Secretary shall50(c) of that title, the Secretary shall approve obligations of funds apportioned 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.CommentsClose CommentsPermalink





(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 management plan and performance targets referred to in that paragraph.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘119. National highway performance program.’.CommentsClose CommentsPermalink

SEC. 1107. EMERGENCY RELIEF.CommentsClose CommentsPermalink

Section 125 of title 23, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

-‘Sec. 125. Emergency reliefCommentsClose CommentsPermalink

‘(a) In General- Subject to this section and section 120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, 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--