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Moving Ahead For Progress In The 21St Century Act

The clerk will report the bill by title.

The bill clerk read as follows:

A bill (S. 1813) to reauthorize Federal-aid highway and

The Senate proceeded to consider the bill (S. 1813) to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes, which had been reported from the Committee on Environment and Public Works, with amendments; as follows:

(The parts of the bill intended to be stricken are shown in boldface brackets and the parts of the bill intended to be inserted are shown in italics.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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

In this Act, the following definitions apply: (1) Department.--The term ``Department'' means the Department of Transportation. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation.

(a) In General.--The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Federal-aid highway program.--For the national highway performance program under section 119 of title 23, United States Code, the transportation mobility program under section 133 of that title, the highway safety improvement 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 section 134 of that title-- (A) $39,143,000,000 for fiscal year 2012; and (B) $39,806,000,000 for fiscal year 2013. (2) Transportation infrastructure 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. (3) Federal lands and tribal transportation programs.-- (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

(a) General Limitation.--Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed-- (1) $41,564,000,000 for fiscal year 2012; and (2) $42,227,000,000 for fiscal year 2013. (b) Exceptions.--The limitations under subsection (a) shall not apply to obligations under or for-- (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which 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; (10) section 105 of title 23, United States Code (but, for each of fiscal years 2005 through 2011, only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; and (12) section 119 of title 23, United States Code (but, for each of fiscal years 2012 through 2013, only in an amount equal to $639,000,000 for each of those fiscal years). (c) Distribution of Obligation Authority.--For each of fiscal years 2012 through 2013, the Secretary-- (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for-- (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts 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; (3) shall determine the proportion that-- (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 to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums 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; (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 that are allocated by the Secretary under this Act and title 23, United States Code (other than to programs to which paragraph (1) applies), by multiplying-- (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (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)) in the proportion that-- (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. (d) Redistribution of Unused Obligation Authority.-- Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2012 through 2013-- (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving 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. (e) Applicability of Obligation Limitations to Transportation Research Programs.-- (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-- (A) chapter 5 of title 23, United States Code; and (B) title II of this Act. (2) Exception.--Obligation authority made available under paragraph (1) shall-- (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (f) Redistribution of Certain Authorized Funds.-- (1) In general.--Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2012 through 2013, the Secretary shall distribute to the States any funds that-- (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States, and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio.--Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3) Availability.--Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(c) of title 23, United States Code.

(a) Definitions.--Section 101(a) of title 23, United States Code, is amended-- (1) by striking paragraphs (6), (7), (9), (12), (19), (20), (24), (25), (26), (28), (38), and (39); (2) by redesignating paragraphs (2), (3), (4), (5), (8),

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

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

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

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

(a) In General.--Section 133 of title 23, United States Code, is amended to read as follows:

(a) On-the-job Training.--Section 140(b) of title 23, United States Code, is amended-- (1) by striking ``Whenever apportionments are made under section 104(b)(3),'' and inserting ``From administrative funds made available under section 104(a),''; and (2) by striking ``the surface transportation program under section 104(b) and the bridge program under section 144'' and inserting ``the transportation mobility program under section 104(b)''. (b) Disadvantaged Business Enterprise.--Section 140(c) of title 23, United States Code, is amended by striking ``Whenever apportionments are made under section 104(b)(3),'' and inserting ``From administrative funds made available under section 104(a),''.

Section 143 of title 23, United States Code, is amended-- (1) in subsection (b)-- (A) by striking paragraph (2) and inserting the following: ``(2) Funding.-- ``(A) In general.--From administrative funds made available under section 104(a), the Secretary shall deduct such sums as are necessary, not to exceed $10,000,000 for [each fiscal year] each of fiscal years 2012 and 2013, to carry out this section. ``(B) Allocation of funds.--Funds made available to carry out this section may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary, except that of funds so made available for each fiscal year, $2,000,000 shall be available only to carry out intergovernmental enforcement efforts, including research and training.''; and (B) in paragraph (8)-- (i) in the paragraph heading by striking ``surface transportation program'' and inserting ``transportation mobility program''; and (ii) by striking ``section 104(b)(3)'' and inserting ``section 104(b)(2)''; and (2) in subsection (c)(3) by striking ``for each of fiscal years 2005 through 2009,'' and inserting ``for each fiscal year,''.

(a) In General.--Section 144 of title 23, United States Code, is amended to read as follows:

Section 148 of title 23, United States Code, is amended to read as follows:

Section 149 of title 23, United States Code, is amended to read as follows:

(a) In General.--Section 165 of title 23, United States Code, is amended to read as follows:

(a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

(a) In General.--Chapter 2 of title 23, United States Code, is amended by striking sections 201 through 204 and inserting the following:

Section 218 of title 23, United States Code, is amended to read as follows:

(a) Establishment of Program.--The Secretary shall establish a program in accordance with this section to provide grants for projects of national and regional significance. (b) Purpose of Program.--The purpose of the projects of national and regional significance program shall be to fund critical high-cost surface transportation infrastructure projects that are difficult to complete with existing Federal, State, local, and private funds and that will-- (1) generate national and regional economic benefits and increase global economic competitiveness; (2) reduce congestion and its impacts; (3) improve roadways vital to national energy security; (4) improve movement of freight and people; and (5) improve transportation safety. (c) Definitions.--In this section: (1) Eligible applicant.--The term ``eligible applicant'' means a State department of transportation or a group of State departments of transportation, a local government, a tribal government or consortium of tribal governments, a transit agency, a port authority, a metropolitan planning organization, other political subdivisions of State or local governments, or a multi-State or multi-jurisdictional group of the aforementioned entities. (2) Eligible project.--The term ``eligible project'' means a surface transportation project or a program of integrated surface transportation projects closely related in the function they perform that-- (A) is a capital project or projects-- (i) eligible for Federal financial assistance under title 23, United States Code, or under chapter 53 of title 49, United States Code; or (ii) for surface transportation infrastructure to facilitate intermodal interchange, transfer, and access into and out of intermodal facilities, including ports; and (B) has eligible project costs that are reasonably anticipated to equal or exceed the lesser of-- (i) $500,000,000; (ii) for a project located in a single State, [60] 30 percent of the amount of Federal-aid highway funds apportioned for the most recently completed fiscal year to the State; or (iii) for a project located in more than 1 State, 75 percent of the amount of Federal-aid highway funds apportioned for the most recently completed fiscal year to the State in which the project is located that has the largest apportionment. (3) Eligible project costs.--The term ``eligible project costs'' means the costs of-- (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; (B) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements; and (C) all financing costs, including subsidy costs under the Transportation Infrastructure Finance and Innovation Act program. (d) Solicitations and Applications.-- (1) Grant solicitations.--The Secretary shall establish criteria for project evaluation and conduct a transparent and competitive national solicitation process to select projects for funding to carry out the purposes of this section. (2) Applications.-- (A) In general.--An eligible applicant seeking a grant under this section for an eligible project shall submit an application to the Secretary in such form and in accordance with such requirements as the Secretary shall establish. (B) Contents.--An application under this subsection shall, at a minimum, include data on current system performance and estimated system improvements that will result from completion of the eligible project, including projections for 2, 7, and 15 years after completion. (C) Resubmission of applications.--An eligible applicant whose project is not selected by the Secretary may resubmit an application in any subsequent solicitation. (e) Criteria for Project Evaluation and Selection.-- (1) In general.--The Secretary may select a project only if the Secretary determines that the project-- (A) will significantly improve the performance of the national surface transportation network, nationally or regionally; (B) is based on the results of preliminary engineering; (C) cannot be readily and efficiently completed without Federal support from this program; (D) is justified based on the ability of the project-- (i) to generate national economic benefits that reasonably exceed its costs, including increased access to jobs, labor, and other critical economic inputs; (ii) to reduce long-term congestion, including impacts in the State, region, and Nation, and increase speed, reliability, and accessibility of the movement of people or freight; and (iii) to improve transportation safety, including reducing transportation accidents, [injuries,] and serious injuries and fatalities; and (E) is supported by an acceptable degree of non-Federal financial commitments, including evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility. (2) Additional considerations.--In evaluating a project under this section, in addition to the criteria in paragraph (1), the Secretary shall consider the extent to which the project-- (A) leverages Federal investment by encouraging non-Federal contributions to the project, including contributions from public-private partnerships; (B) is able to begin construction within 18 months of being selected; (C) incorporates innovative project delivery and financing where practical; (D) stimulates collaboration between States and among State and local governments; (E) helps maintain or protect the environment; (F) improves roadways vital to national energy security; (G) uses innovative technologies, including intelligent transportation systems, that enhance the efficiency of the project; and (H) contributes to an equitable geographic distribution of funds under this section and an appropriate balance in addressing the needs of urban and rural communities. (f) Grant Requirements.-- (1) In general.--A grant for a project under this section shall be subject to the following requirements: (A) A qualifying highway project eligible for funding under title 23, United States Code, or public transportation project eligible under chapter 53 of title 49, United States Code, shall comply with all applicable requirements of such title or chapter except that, if the project contains elements or activities that are not eligible for funding under such title or chapter but are eligible for funding under this section, the elements or activities shall comply with the requirements described in subparagraph (B). (B) A qualifying surface transportation project not eligible under title 23, United States Code, or chapter 53 of title 49, United States Code, shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code, [section 10a-d of title 41, United States Code ], and such other terms, conditions, and requirements as the Secretary determines are necessary and appropriate for the type of project. (2) Determination of applicable modal requirements.--In the event that a project has cross-modal components, the Secretary shall have the discretion to designate the requirements that shall apply to the project based on predominant components. (3) Other terms and conditions.--The Secretary shall require that all grants under this section be subject to all terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section. [ (g) Federal Share of Project Cost.--The Federal share of funds under this section for the project shall be up to 50 percent of the project cost. Other eligible Federal transportation funds may be used by the project sponsor up to an additional 30 percent of the project costs. If a project is to construct or improve a privately owned facility or would primarily benefit a private entity, the Federal share shall be the lesser of 50 percent of the total project cost or the quantified public benefit of the project. The Secretary may allow costs incurred prior to project approval to be used as a credit toward the non-Federal share of the cost of the project. Such costs must be adequately documented, necessary, reasonable and allocable to the current phase of the project and such costs may not be included as a cost or used to meet cost sharing or matching requirements of any other federally financed project.] (g) Federal Share of Project Cost.-- (1) In general.--If a project funded under this section is to construct or improve a privately owned facility or would primarily benefit a private entity, the Federal share shall be the lesser of 50 percent of the total project cost or the quantified public benefit of the project. For all other projects funded under this section-- (A) the Federal share of funds under this section shall be up to 50 percent of the project cost; and (B) the project sponsor may use other eligible Federal transportation funds to cover up to an additional 30 percent of the project costs. (2) Pre-approval costs.--The Secretary may allow costs incurred prior to project approval to be used as a credit toward the non-Federal share of the cost of the project. Such costs must be adequately documented, necessary, reasonable, and allocable to the current phase of the project and such costs may not be included as a cost or used to meet cost- sharing or matching requirements of any other federally- financed project. (h) Report to the Secretary.--For each project funded under this section, the project sponsor shall reassess system performance and report to the Secretary 2, 7, and 15 years after completion of the project to assess if the project outcomes have met pre-construction projections. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, to remain available until expended, $1,000,000,000 for fiscal year

Section 134 of title 23, United States Code, is amended to read as follows:

(a) In General.--Section 135 of title 23, United States Code, is amended to read as follows:

(a) In General.--Section 150 of title 23, United States Code, is amended to read as follows:

(a) Declaration of Policy.--It is the policy of the United States that-- (1) it is in the national interest for the Department, State departments of transportation, transit agencies, and all other recipients of Federal transportation funds-- (A) to accelerate project delivery and reduce costs; and (B) to ensure that the planning, design, engineering, construction, and financing of transportation projects is done in an efficient and effective manner, promoting accountability for public investments and encouraging greater private sector involvement in project financing and delivery while enhancing safety and protecting the environment; (2) delay in the delivery of transportation projects increases project costs, harms the economy of the United States, and impedes the travel of the people of the United States and the shipment of goods for the conduct of commerce; and (3) the Secretary shall identify and promote the deployment of innovation aimed at reducing the time and money required to deliver transportation projects while enhancing safety and protecting the environment. (b) Establishment of Initiative.-- (1) In general.--To advance the policy described in subsection (a), the Secretary shall carry out a project delivery initiative under this section. (2) Purposes.--The purposes of the project delivery initiative shall be-- (A) to develop and advance the use of best practices to accelerate project delivery and reduce costs across all modes of transportation and expedite the deployment of technology and innovation; (B) to implement provisions of law designed to accelerate project delivery; and (C) to select eligible projects for applying experimental features to test innovative project delivery techniques. (3) Advancing the use of best practices.-- (A) In general.--In carrying out the initiative under this section, the Secretary shall identify and advance best practices to reduce delivery time and project costs, from planning through construction, for transportation projects and programs of projects regardless of mode and project size. (B) Administration.--To advance the use of best practices, the Secretary shall-- (i) engage interested parties, affected communities, resource agencies, and other stakeholders to gather information regarding opportunities for accelerating project delivery and reducing costs; (ii) establish a clearinghouse for the collection, documentation, and advancement of existing and new innovative approaches and best practices; (iii) disseminate information through a variety of means to transportation stakeholders on new innovative approaches and best practices; and (iv) provide technical assistance to assist transportation stakeholders in the use of flexibility authority to resolve project delays and accelerate project delivery if feasible. (4) Implementation of accelerated project delivery.--The Secretary shall ensure that the provisions of this subtitle designed to accelerate project delivery are fully implemented, including-- (A) expanding eligibility of early acquisition of property prior to completion of environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) allowing the use of the construction manager or general contractor method of contracting in the Federal-aid highway system; and (C) establishing a demonstration program to streamline the relocation process by permitting a lump-sum payment for acquisition and relocation if elected by the displaced occupant.

(a) In General.--The acquisition of real property in anticipation of a federally assisted or approved surface transportation project that may use the property shall not be prohibited prior to the completion of reviews of the surface transportation project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the acquisition does not-- (1) have an adverse environmental effect; or (2)(A) limit the choice of reasonable alternatives for the proposed project; or (B) prevent the lead agency from making an impartial decision as to whether to select an alternative that is being considered during the environmental review process. (b) Early Acquisition of Real Property Interests for Highways.--Section 108 of title 23, United States Code, is amended-- (1) in the section heading by inserting ``interests'' after ``real property''; (2) in subsection (a) by inserting ``interests'' after ``real property'' each place it appears; and (3) in subsection (c)-- (A) in the subsection heading by striking ``Rights-of-way'' and inserting ``Real Property Interests''; (B) in paragraph (1)-- (i) in the matter preceding subparagraph (A) by inserting ``at any time'' after ``may be used''; and (ii) in subparagraph (A)-- (I) by striking ``rights-of-way'' the first place it appears and inserting ``real property interests''; and (II) by striking ``, if the rights-of-way are subsequently incorporated into a project eligible for surface transportation program funds''; and (C) by striking paragraph (2) and inserting the following: ``(2) Terms and conditions.-- ``(A) Acquisition of real property interests.-- ``(i) In general.--Subject to the other provisions of this section, prior to completion of the review process for the project required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a public authority may carry out acquisition of real property interests that may be used for a project. ``(ii) Requirements.--An acquisition under clause (i) may be authorized by project agreement and is eligible for Federal-aid reimbursement as a project expense if the Secretary finds that the acquisition-- ``(I) will not cause any significant adverse environmental impact; ``(II) will not limit the choice of reasonable alternatives for the project or otherwise influence the decision of the Secretary on any approval required for the project; ``(III) does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered in the environmental review process; ``(IV) is consistent with the State transportation planning process under section 135; ``(V) complies with other applicable Federal laws (including regulations); ``(VI) will be acquired through negotiation, without the threat of condemnation; and ``(VII) will not result in a reduction or elimination of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). ``(B) Development.--Real property interests acquired under this subsection may not be developed in anticipation of a project until all required environmental reviews for the project have been completed. ``(C) Reimbursement.--If Federal-aid reimbursement is made for real property interests acquired early under this section and the real property interests are not subsequently incorporated into a project eligible for surface transportation funds within the time allowed by subsection (a)(2), the Secretary shall offset the amount reimbursed against funds apportioned to the State. ``(D) Other conditions.--The Secretary may establish such other conditions or restrictions on acquisitions as the Secretary determines to be appropriate.''.

(a) Authority.--Section 112(b) of title 23, United States Code, is amended by adding at the end the following: ``(4) Construction manager; general contractor.-- ``(A) Procedure.-- ``(i) In general.--A contracting agency may award a 2-phase contract to a construction manager or general contractor for preconstruction and construction services. ``(ii) Preconstruction phase.--In the preconstruction phase of a contract under this subparagraph, the construction manager shall provide the contracting agency with advice relating to scheduling, work sequencing, cost engineering, constructability, cost estimating, and risk identification. ``(iii) Agreement to price.-- ``(I) In general.--Prior to the start of the second phase of a contract under this subparagraph, the owner and the construction manager may agree to a price for the construction of the project or a portion of the project. ``(II) Result.--If an agreement is reached, the construction manager shall become the general contractor for the construction of the project at the negotiated schedule and price. ``(B) Selection.--A contract shall be awarded to a construction manager or general contractor under this paragraph using a competitive selection process under which the contract is awarded on the basis of-- ``(i) qualifications; ``(ii) experience; ``(iii) best value; or ``(iv) any other combination of factors considered appropriate by the contracting agency. ``(C) Timing.-- ``(i) In general.--Prior to the completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), a contracting agency may issue requests for proposals, proceed with the award of the first phase of construction manager or general contractor contract, and issue notices to proceed with preliminary design, to the extent that those actions do not limit any reasonable range of alternatives. ``(ii) NEPA process.-- ``(I) In general.--A contracting agency shall not proceed with the award of the second phase, and shall not proceed, or permit any consultant or contractor to proceed, with final design or construction until completion of the environmental review process required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). ``(II) Requirement.--The Secretary shall require that a contract include appropriate provisions to ensure achievement of the objectives of section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) and compliance with other applicable Federal laws and regulations occurs. ``(iii) Secretarial approval.--Prior to authorizing construction activities, the Secretary shall approve-- ``(I) the estimate of the contracting agency for the entire project; and ``(II) any price agreement with the general contractor for the project or a portion of the project. ``(iv) Termination provision.--The Secretary shall require a contract to include an appropriate termination provision in the event that a no-build alternative is selected.''. (b) Regulations.--The Secretary shall promulgate such regulations as are necessary to carry out the amendment made by subsection (a). (c) Effect on Experimental Program.--Nothing in this section or the amendment made by this section affects the authority to carry out, or any project carried out under, any experimental program concerning construction manager risk that is being carried out by the Secretary as of the date of enactment of this Act.

(a) Declaration of Policy.-- (1) In general.--Congress declares that it is in the national interest to promote the use of innovative technologies and practices that increase the efficiency of construction of, improve the safety of, and extend the service life of highways and bridges. (2) Inclusions.--The innovative technologies and practices described in paragraph (1) include state-of-the-art intelligent transportation system technologies, elevated performance standards, and new highway construction business practices that improve highway safety and quality, accelerate project delivery, and reduce congestion related to highway construction. (b) Federal Share.--Section 120(c) of title 23, United States Code, is amended by adding at the end the following: ``(3) Innovative project delivery.-- ``(A) In general.--Except as provided in subparagraph (C), the Federal share payable on account of a project or activity carried out with funds apportioned under paragraph (1), (2), or (5) of section 104(b) may, at the discretion of the State, be up to 100 percent for any such project, program, or activity that the Secretary determines-- ``(i) contains innovative project delivery methods that improve work zone safety for motorists or workers and the quality of the facility; ``(ii) contains innovative technologies, manufacturing processes, financing, or contracting methods that improve the quality, extend the service life, or decrease the long-term costs of maintaining highways and bridges; ``(iii) accelerates project delivery while complying with other applicable Federal laws (including regulations) and not causing any significant adverse environmental impact; or ``(iv) reduces congestion related to highway construction. ``(B) Examples.--Projects, programs, and activities described in subparagraph (A) may include the use of-- ``(i) prefabricated bridge elements and systems and other technologies to reduce bridge construction time; ``(ii) innovative construction equipment, materials, or techniques, including the use of in-place recycling technology and digital 3-dimensional modeling technologies; ``(iii) innovative contracting methods, including the design-build and the construction manager-general contractor contracting methods; ``(iv) intelligent compaction equipment; or ``(v) contractual provisions that offer a contractor an incentive payment for early completion of the project, program, or activity, subject to the condition that the incentives are accounted for in the financial plan of the project, when applicable. ``(C) Limitations.-- ``(i) In general.--In each fiscal year, a State may use the authority under subparagraph (A) for up to 10 percent of the combined apportionments of the State under paragraphs (1), (2), and (5) of section 104(b). ``(ii) Federal share increase.--The Federal share payable on account of a project or activity described in subparagraph (A) may be increased by up to 5 percent of the total project cost.''.

Section 139(j) of title 23, United States Code, is amended by adding at the end the following: ``(6) Memorandum of understanding.--Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under paragraphs (1) and (2), the affected Federal agency and the State agency shall enter into a memorandum of understanding that establishes the projects

(a) In General.--Section 304 of title 49, United States Code, is amended to read as follows:

Section 326 of title 23, United States Code, is amended-- [(1) in subsection (c) by striking paragraph (3) and inserting the following: ``(3) Sovereign immunity.--By executing an agreement with the Secretary and assuming the responsibilities of the Secretary under this section, the State waives the sovereign immunity of the State under the 11th Amendment of the Constitution from suit in Federal court and expressly consents to accept the jurisdiction of the Federal courts with respect to any action relating to the compliance, discharge, and enforcement of any responsibility of the Secretary that the State assumes.'';] [(2)](1) by striking subsection (d) and inserting the following: ``(d) Termination.-- ``(1) Termination by the secretary.--The Secretary may terminate any assumption of responsibility under a memorandum of understanding on a determination that the State is not adequately carrying out the responsibilities assigned to the State. ``(2) Termination by the state.--The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.''; and [(3)](2) by adding at the end the following: ``(f) Legal Fees.--A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys fees directly attributable to eligible activities associated with the project.''.

(a) In General.--Section 327 of title 23, United States Code, is amended-- (1) in the section heading by striking ``pilot''; (2) in subsection (a)-- (A) in paragraph (1) by striking ``pilot''; and (B) in paragraph (2)-- (i) in subparagraph (B) by striking clause (ii) and inserting the following: ``(ii) the Secretary may not assign-- ``(I) any responsibility imposed on the Secretary by section 134 or 135; or ``(II) responsibility for any conformity determination required under section 176 of the Clean Air Act (42 U.S.C. 7506).''; and (ii) by adding at the end the following: [``(F) Sovereign immunity.--By executing an agreement with the Secretary and assuming the responsibilities of the Secretary under this section, the State waives the sovereign immunity of the State under the 11th Amendment of the Constitution from suit in Federal court and expressly consents to accept the jurisdiction of the Federal courts with respect to any action relating to the compliance, discharge, and enforcement of any responsibility of the Secretary that the State assumes.] ``[(G)](F) Legal fees.--A State assuming the responsibilities of the Secretary under this section for a specific project may use funds apportioned to the State under section 104(b)(2) for attorneys fees directly attributable to eligible activities associated with the project.''; (3) in subsection (b)-- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and (C) in subparagraph (A) of paragraph (3) (as so redesignated) by striking ``(2)'' and inserting ``(1)''; (4) in subsection (c)-- (A) in paragraph (3)(D) by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(4) require the State to provide to the Secretary any information the Secretary considers necessary to ensure that the State is adequately carrying out the responsibilities assigned to the State; ``(5) require the Secretary-- ``(A) after a period of 5 years, to evaluate the ability of the State to carry out the responsibility assumed under this section; ``(B) if the Secretary determines that the State is not ready to effectively carry out the responsibilities the State has assumed, to reevaluate the readiness of the State every 3 years, or at such other frequency as the Secretary considers appropriate, after the initial 5-year evaluation, until the State is ready to assume the responsibilities on a permanent basis; and ``(C) once the Secretary determines that the State is ready to permanently assume the responsibilities of the Secretary, not to require any further evaluations; and ``(6) require the State to provide the Secretary with any information, including regular written reports, as the Secretary may require in conducting evaluations under paragraph (5).''; (5) by striking subsection (g); (6) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively; and (7) in subsection (h) (as so redesignated)-- (A) by striking paragraph (1); (B) by redesignating paragraph (2) as paragraph (1); and (C) by inserting after paragraph (1) (as so redesignated) the following: ``(2) Termination by the state.--The State may terminate the participation of the State in the program at any time by providing to the Secretary a notice by not later than the date that is 90 days before the date of termination, and subject to such terms and conditions as the Secretary may provide.''. (b) Conforming Amendment.--The item relating to section 327 in the analysis of title 23, United States Code, is amended to read as follows:``327. Surface transportation project delivery program.''.

(a) In General.--Not later than 30 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking for a categorical exclusion that meets the definitions (as in effect on that date) of section 1508.4 of title 40, Code of Federal Regulations, and section 771.117 of title 23, Code of Federal Regulations, for a project (as defined in section 101(a) of title 23, United States Code)-- (1) that is located solely within the right-of-way of an existing highway, such as new turn lanes and bus pull-offs; (2) that does not include the addition of a through lane or new interchange; and (3) for which the project sponsor demonstrates that the project-- (A) is intended to improve safety, alleviate congestion, or improve air quality; or (B) would improve or maintain pavement or structural conditions or achieve a state of good repair. (b) Notice.--Not later than 60 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking to further define and implement subsection (a) within subsection (c) or (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of the MAP-21).

(a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary shall-- (1) survey the use by the Department of Transportation of categorical exclusions in transportation projects since 2005; (2) publish a review of the survey that includes a description of-- (A) the types of actions categorically excluded; and (B) any requests previously received by the Secretary for new categorical exclusions; and (3) solicit requests from State departments of transportation, transit authorities, metropolitan planning organizations, or other government agencies for new categorical exclusions. (b) New Categorical Exclusions.--Not later than 120 days after the date of enactment of this Act, the Secretary shall publish a notice of proposed rulemaking to propose new categorical exclusions received by the Secretary under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations and section 771.117(a) of title 23, Code of Federal Regulations (as those regulations are in effect on the date of the notice). (c) Additional Actions.--The Secretary shall issue a proposed rulemaking to move the following types of actions from subsection (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to subsection (c) of that section, to the extent that such movement complies with the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act): (1) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing). (2) Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting. (3) Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings. (d) Programmatic Agreements.-- (1) In general.--The Secretary shall seek opportunities to enter into programmatic agreements with the States that establish efficient administrative procedures for carrying out environmental and other required project reviews. (2) Inclusions.--Programmatic agreements authorized under paragraph (1) may include agreements that allow a State to determine on behalf of the Federal Highway Administration whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Determinations.--An agreement described in paragraph (2) may include determinations by the Secretary of the types of projects categorically excluded (consistent with section 1508.4 of title 40, Code of Federal Regulations) in the State in addition to the types listed in subsections (c) and (d) of section 771.117 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(a) In General.--When preparing a final environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if the lead agency makes changes in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant further agency response, the lead agency may write on errata sheets attached to the statement instead of rewriting the draft statement, on the condition that the errata sheets-- (1) cite the sources, authorities, or reasons that support the position of the agency; and (2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response. (b) Incorporation.--To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision unless-- (1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or (2) there are significant new circumstances or information relevant to environmental concerns and that bear on the proposed action or the impacts of the proposed action.

(a) In General.--It is the sense of Congress that-- (1) the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process should cooperate with each other and other agencies on environmental review and project delivery activities at the earliest practicable time to avoid delays and duplication of effort later in the process, head off potential conflicts, and ensure that planning and project development decisions reflect environmental values; and (2) such cooperation should include the development of policies and the designation of staff that advise planning agencies or project sponsors of studies or other information foreseeably required for later Federal action and early consultation with appropriate State and local agencies and Indian tribes. (b) Technical Assistance.--If requested at any time by a State or local planning agency, the Secretary and other Federal agencies with relevant jurisdiction in the environmental review process, shall, to the extent practicable and appropriate, as determined by the agencies, provide technical assistance to the State or local planning agency on accomplishing the early coordination activities described in subsection (d). (c) Memorandum of Agency Agreement.--If requested at any time by a State or local planning agency, the lead agency, in consultation with other Federal agencies with relevant jurisdiction in the environmental review process, may establish memoranda of agreement with the project sponsor, State, and local governments and other appropriate entities to accomplish the early coordination activities described in subsection (d). (d) Early Coordination Activities.--Early coordination activities shall include, to the maximum extent practicable, the following: (1) Technical assistance on identifying potential impacts and mitigation issues in an integrated fashion. (2) The potential appropriateness of using planning products and decisions in later environmental reviews. (3) The identification and elimination from detailed study in the environmental review process of the issues that are not significant or that have been covered by prior environmental reviews. (4) The identification of other environmental review and consultation requirements so that the lead and cooperating agencies may prepare, as appropriate, other required analyses and studies concurrently with planning activities. (5) The identification by agencies with jurisdiction over any permits related to the project of any and all relevant information that will reasonably be required for the project. (6) The reduction of duplication between requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and State and local planning and environmental review requirements, unless the agencies are specifically barred from doing so by applicable law. (7) Timelines for the completion of agency actions during the planning and environmental review processes. (8) Other appropriate factors.

Section 139(h) of title 23, United States Code, is amended by striking paragraph (4) and inserting the following: ``(4) Interim decision on achieving accelerated decisionmaking.-- ``(A) In general.--Not later than 30 days after the close of the public comment period on a draft environmental impact statement, the Secretary may convene a meeting with the project sponsor, lead agency, resource agencies, and any relevant State agencies to ensure that all parties are on schedule to meet deadlines for decisions to be made regarding the project. ``(B) Deadlines.--The deadlines referred to in subparagraph (A) shall be those established under subsection (g), or any other deadlines established by the lead agency, in consultation with the project sponsor and other relevant agencies. ``(C) Failure to assure.--If the relevant agencies cannot provide reasonable assurances that the deadlines described in subparagraph (B) will be met, the Secretary may initiate the issue resolution and referral process described under paragraph (5) and before the completion of the record of decision. ``(5) Accelerated issue resolution and referral.-- ``(A) Agency issue resolution meeting.-- ``(i) In general.--A Federal agency of jurisdiction, project sponsor, or the Governor of a State in which a project is located may request an issue resolution meeting to be conducted by the lead agency. ``(ii) Action by lead agency.--The lead agency shall convene an issue resolution meeting under clause (i) with the relevant participating agencies and the project sponsor, including the Governor only if the meeting was requested by the Governor, to resolve issues that could-- ``(I) delay completion of the environmental review process; or ``(II) result in denial of any approvals required for the project under applicable laws. ``(iii) Date.--A meeting requested under this subparagraph shall be held by not later than 21 days after the date of receipt of the request for the meeting, unless the lead agency determines that there is good cause to extend the time for the meeting. ``(iv) Notification.--On receipt of a request for a meeting under this subparagraph, the lead agency shall notify all relevant participating agencies of the request, including the issue to be resolved, and the date for the meeting. ``(v) Disputes.--If a relevant participating agency with jurisdiction over an approval required for a project under applicable law determines that the relevant information necessary to resolve the issue has not been obtained and could not have been obtained within a reasonable time, but the lead agency disagrees, the resolution of the dispute shall be forwarded to the heads of the relevant agencies for resolution. ``(vi) Convention by lead agency.--A lead agency may convene an issue resolution meeting under this subsection at any time without the request of the Federal agency of jurisdiction, project sponsor, or the Governor of a State. ``(B) Elevation of issue resolution.-- ``(i) In general.--If issue resolution is not achieved by not later than 30 days after the date of a relevant meeting under subparagraph (A), the Secretary shall notify the lead agency, the heads of the relevant participating agencies, and the project sponsor (including the Governor only if the initial issue resolution meeting request came from the Governor) that an issue resolution meeting will be convened. ``(ii) Requirements.--The Secretary shall identify the issues to be addressed at the meeting and convene the meeting not later than 30 days after the date of issuance of the notice. ``(C) Referral of issue resolution.-- ``(i) Referral to council on environmental quality.-- ``(I) In general.--If resolution is not achieved by not later than 30 days after the date of an issue resolution meeting under subparagraph (B), the Secretary shall refer the matter to the Council on Environmental Quality. ``(II) Meeting.--Not later than 30 days after the date of receipt of a referral from the Secretary under subclause (I), the Council on Environmental Quality shall hold an issue resolution meeting with the lead agency, the heads of relevant participating agencies, and the project sponsor (including the Governor only if an initial request for an issue resolution meeting came from the Governor). ``(ii) Referral to the president.--If a resolution is not achieved by not later than 30 days after the date of the meeting convened by the Council on Environmental Quality under clause (i)(II), the Secretary shall refer the matter directly to the President. ``(6) Financial transfer provisions.-- ``(A) In general.--A Federal agency of jurisdiction over an approval required for a project under applicable laws shall complete any required approval on an expeditious basis using the shortest existing applicable process. ``(B) Failure to decide.-- ``(i) In general.--If an agency described in subparagraph (A) fails to render a decision under any Federal law relating to a project that requires the preparation of an environmental impact statement or environmental assessment, including the issuance or denial of a permit, license, or other approval by the date described in clause (ii), the agency shall transfer from the applicable office of the head of the agency, or equivalent office to which the authority for rendering the decision has been delegated by law, to the agency or division charged with rendering a decision regarding the application, by not later than 1 day after the applicable date under clause (ii), and once each week thereafter until a final decision is rendered, subject to subparagraph (C)-- ``(I) $20,000 for any project for which an annual financial plan under section 106(i) is required; or ``(II) $10,000 for any other project requiring preparation of an environmental assessment or environmental impact statement. ``(ii) Description of date.--The date referred to in clause (i) is the later of-- ``(I) the date that is 180 days after the date on which an application for the permit, license, or approval is complete; and ``(II) the date that is 180 days after the date on which the Federal lead agency issues a decision on the project under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(C) Limitations.-- ``(i) In general.--No transfer of funds under subparagraph (B) relating to an individual project shall exceed, in any fiscal year, an amount equal to 1 percent of the funds made available for the applicable agency office. ``(ii) Failure to decide.--The total amount transferred in a fiscal year as a result of a failure by an agency to make a decision by an applicable deadline shall not exceed an amount equal to 5 percent of the funds made available for the applicable agency office for that fiscal year. ``(D) Treatment.--The transferred funds shall only be available to the agency or division charged with rendering the decision as additional resources, pursuant to subparagraph (F). ``(E) No fault of agency.--A transfer of funds under this paragraph shall not be made if the agency responsible for rendering the decision certifies that-- ``(i) the agency has not received necessary information or approvals from another entity, such as the project sponsor, in a manner that affects the ability of the agency to meet any requirements under State, local, or Federal law; or ``(ii) significant new information or circumstances, including a major modification to an aspect of the project, requires additional analysis for the agency to make a decision on the project application. ``(F) Treatment of funds.-- ``(i) In general.--Funds transferred under this paragraph shall supplement resources available to the agency or division charged with making a decision for the purpose of expediting permit reviews. ``(ii) Availability.--Funds transferred under this paragraph shall be available for use or obligation for the same period that the funds were originally authorized or appropriated, plus 1 additional fiscal year. ``(iii) Limitation.--The Federal agency with jurisdiction for the decision that has transferred the funds pursuant to this paragraph shall not reprogram funds to the office of the head of the agency, or equivalent office, to reimburse that office for the loss of the funds. ``(G) Audits.--In any fiscal year in which any Federal agency transfers funds pursuant to this paragraph, the Inspector General of that agency shall-- ``(i) conduct an audit to assess compliance with the requirements of this paragraph; and ``(ii) not later than 120 days after the end of the fiscal year during which the transfer occurred, submit to the Committee on Environment and Public Works of the Senate and any other appropriate congressional committees a report describing the reasons why the transfers were levied, including allocations of resources. ``(H) Effect of paragraph.--Nothing in this paragraph affects or limits the application of, or obligation to comply with, any Federal, State, local, or tribal law. ``(I) Authority for intra-agency transfer of funds.--The requirement provided under this paragraph for a Federal agency to transfer or reallocate funds of the Federal agency in accordance with subparagraph (B)(i)-- ``(i) shall be treated by the Federal agency as a requirement and authority consistent with any applicable original law establishing and authorizing the agency; but ``(ii) does not provide to the Federal agency the authority to require or determine the intra-agency transfer or reallocation of funds that are provided to or are within any other Federal agency. ``(7) Expedient decisions and reviews.--To ensure that Federal environmental decisions and reviews are expeditiously made-- ``(A) adequate resources made available under this title shall be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are completed on an expeditious basis and that the shortest existing applicable process under that Act is implemented; and ``(B) the President shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, not less frequently than once every 120 days after the date of enactment of the MAP-21, a report on the status and progress of the following projects and activities funded under this title with respect to compliance with applicable requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): ``(i) Projects and activities required to prepare an annual financial plan under section 106(i). ``(ii) A sample of not less than 5 percent of the projects requiring preparation of an environmental impact statement or environmental assessment in each State.''.

(a) Establishment.--For grant programs under which funds are distributed by formula by the Department of Transportation, the Secretary shall establish an initiative to review and develop consistent procedures for environmental permitting and procurement requirements. (b) Report.--The Secretary shall publish the results of the initiative described in subsection (a) in an electronically accessible format.

(a) Payment Demonstration Program.-- (1) In general.--Except as otherwise provided in this section, for the purpose of identifying improvements in the timeliness of providing relocation assistance to persons displaced by Federal or federally assisted programs and projects, the Secretary may allow not more than 5 States to participate in an alternative relocation payment demonstration program under which payments to displaced persons eligible for relocation assistance pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) (including implementing regulations), are calculated based on reasonable estimates and paid in advance of the physical displacement of the displaced person. (2) Timing of payments.--Relocation assistance payments for projects carried out under an approved State demonstration program may be provided to the displaced person at the same time as payments of just compensation for real property acquired for the program or project of the State. (3) Combining of payments.--Payments for relocation and just compensation may be combined into a single unallocated amount. (b) Criteria.-- (1) In general.--After public notice and an opportunity to comment, the Secretary shall adopt criteria for carrying out the alternative relocation payment demonstration program. (2) Conditions.-- (A) In general.--Conditions for State participation in the demonstration program shall include the conditions described in subparagraphs (B) through (E). (B) Memorandum of agreement.--A State wishing to participate in the demonstration program shall be required to enter into a memorandum of agreement with the Secretary that includes provisions relating to-- (i) the selection of projects or programs within the State to which the alternative relocation payment process will be applied; (ii) program and project-level monitoring; (iii) performance measurement; (iv) reporting; and (v) the circumstances under which the Secretary may terminate the demonstration program of the State before the end of the program term. (C) Term of demonstration program.--Except as provided in subparagraph (B)(v), the demonstration program of the State may continue for up to 3 years after the date on which the Secretary executes the memorandum of agreement. (D) Displaced persons.-- (i) In general.--Displaced persons affected by a project included in the demonstration program of the State shall be informed in writing in a format that is clear and easily understandable that the relocation payments that the displaced persons receive under the demonstration program may be higher or lower than the amount that the displaced persons would receive under the standard relocation assistance process. (ii) Alternative process.--Displaced persons shall be informed-- (I) of the right of the displaced persons not to participate in the demonstration program; and (II) that the alternative relocation payment process can be used only if the displaced person agrees in writing. (iii) Assistance.--The displacing agency shall provide any displaced person who elects not to participate in the demonstration program with relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) (including implementing regulations). (E) Other displacements.-- (i) In general.--If other Federal agencies plan displacements in or adjacent to a demonstration program project area within the same time period as the project acquisition and relocation actions of the demonstration program, the Secretary shall adopt measures to protect against inconsistent treatment of displaced persons. (ii) Inclusion.--Measures described in clause (i) may include a determination that the demonstration program authority may not be used on a particular project. (c) Report.-- (1) In general.--The Secretary shall submit to Congress-- (A) at least every 18 months after the date of enactment of this Act, a report on the progress and results of the demonstration program; and (B) not later than 1 year after all State demonstration programs have ended, a final report. (2) Requirements.--The final report shall include an evaluation by the Secretary of the merits of the alternative relocation payment demonstration program, including the effects of the demonstration program on-- (A) displaced persons and the protections afforded to displaced persons by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); (B) the efficiency of the delivery of Federal-aid highway projects and overall effects on the Federal-aid highway program; and (C) the achievement of the purposes of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (d) Limitation.--The authority of this section may be used only on projects funded under title 23, United States Code, in cases in which the funds are administered by the Federal Highway Administration. (e) Authority.--The authority of the Secretary to approve an alternate relocation payment demonstration program for a State terminates on the date that is 3 years after the date of enactment of this Act

(a) Completion Time Assessments and Reports.-- (1) In general.--For projects funded under title 23, United States Code, the Secretary shall compare-- (A)(i) the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated after calendar year 2005; to (ii) the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated during a period prior to calendar year 2005; and (B)(i) the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated during the period beginning on January 1, 2005, and ending on the date of enactment of this Act; to (ii) the completion times of categorical exclusions, environmental assessments, and environmental impact statements initiated after the date of enactment of this Act. (2) Report.--The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report-- (A) not later than 1 year after the date of enactment of this Act that-- (i) describes the results of the review conducted under paragraph (1)(A); and (ii) identifies any change in the timing for completions, including the reasons for any such change and the reasons for delays in excess of 5 years; and (B) not later than 5 years after the date of enactment of this Act that-- (i) describes the results of the review conducted under paragraph (1)(B); and (ii) identifies any change in the timing for completions, including the reasons for any such change and the reasons for delays in excess of 5 years. (b) Additional Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the types and justification for the additional categorical exclusions granted under the authority provided under sections 1309 and

(a) In General.--It is the sense of Congress that it is a national priority to address projects under this section for the shortage of long-term parking for commercial motor vehicles on the National Highway System to improve the safety of motorized and nonmotorized users and for commercial motor vehicle operators. (b) Eligible Projects.--Eligible projects under this section are those that-- (1) serve the National Highway System; and (2) may include the following: (A) Constructing safety rest areas (as defined in section 120(c) of title 23, United States Code) that include parking for commercial motor vehicles. (B) Constructing commercial motor vehicle parking facilities adjacent to commercial truck stops and travel plazas. (C) Opening existing facilities to commercial motor vehicle parking, including inspection and weigh stations and park- and-ride facilities. (D) Promoting the availability of publicly or privately provided commercial motor vehicle parking on the National Highway System using intelligent transportation systems and other means. (E) Constructing turnouts along the National Highway System for commercial motor vehicles. (F) Making capital improvements to public commercial motor vehicle parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round. (G) Improving the geometric design of interchanges on the National Highway System to improve access to commercial motor vehicle parking facilities. (c) Survey and Comparative Assessment.-- (1) In general.--The Secretary, in consultation with relevant State motor carrier safety personnel, shall conduct a survey regarding the availability of parking facilities within each State-- (A) to evaluate the capability of the State to provide adequate parking and rest facilities for motor carriers engaged in interstate motor carrier service; (B) to assess the volume of motor carrier traffic through the State; and (C) to develop a system of metrics to measure the adequacy of parking facilities in the State. (2) Results.--The results of the survey under paragraph (1) shall be made available to the public on the website of the Department of Transportation. (3) Periodic updates.--The Secretary shall periodically update the survey under this subsection. (d) Treatment of Projects.--Notwithstanding any other provision of law, projects funded through the authority provided under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.

Section 154(c) of title 23, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Fiscal year 2012 and thereafter.-- ``(A) Reservation of funds.--On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3). ``(B) Transfer of funds.--As soon as practicable after the date of receipt of a certification from a State under subparagraph (A), the Secretary shall-- ``(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and ``(ii) release the reserved funds identified by the State as described in paragraph (3).''; (2) by striking paragraph (3) and inserting the following: ``(3) Use for highway safety improvement program.-- ``(A) In general.--A State may elect to use all or a portion of the funds transferred under paragraph (2) for activities eligible under section 148. ``(B) State departments of transportation.--If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.''; and (3) by striking paragraph (5) and inserting the following: ``(5) Derivation of amount to be transferred.--The amount to be transferred under paragraph (2) may be derived from the following: ``(A) The apportionment of the State under section 104(b)(l). ``(B) The apportionment of the State under section 104(b)(2).''.

(a) Definitions.--Section 164(a) of title 23, United States Code, is amended-- (1) by striking paragraph (3); (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (3) in paragraph (4) (as so redesignated) by striking subparagraph (A) and inserting the following: ``(A) receive-- ``(i) a suspension of all driving privileges for not less than 1 year; or ``(ii) a suspension of unlimited driving privileges for 1 year, allowing for the reinstatement of limited driving privileges subject to restrictions and limited exemptions as established by State law, if an ignition interlock device is installed for not less than 1 year on each of the motor vehicles owned or operated, or both, by the individual;''. (b) Transfer of Funds.--Section 164(b) of title 23, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Fiscal year 2012 and thereafter.-- ``(A) Reservation of funds.--On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing a repeat intoxicated driver law, the Secretary shall reserve an amount equal to 6 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the States will use those reserved funds among the uses authorized under subparagraphs (A) and (B) of paragraph (1), and paragraph

(a) Vehicle Weight Limitations.--Section 127(a)(1) of title 23, United States Code, is amended by striking ``No funds shall be apportioned in any fiscal year under section 104(b)(1) of this title to any State which'' and inserting ``The Secretary shall withhold 50 percent of the apportionment of a State under section 104(b)(1) in any fiscal year in which the State''. (b) Control of Junkyards.--Section 136 of title 23, United States Code, is amended-- (1) in subsection (b), in the first sentence-- (A) by striking ``10 per centum'' and inserting ``7 percent''; and (B) by striking ``section 104 of this title'' and inserting ``paragraphs (1) through (5) of section 104(b)''; and (2) by adding at the end the following: ``(n) For purposes of this section, the terms `primary system' and `Federal-aid primary system' mean any highway that is on the National Highway System, which includes the Interstate Highway System.''. (c) Enforcement of Vehicle Size and Weight Laws.--Section 141(b)(2) of title 23, United States Code, is amended-- (1) by striking ``10 per centum'' and inserting ``7 percent''; and (2) by striking ``section 104 of this title'' and inserting ``paragraphs (1) through (5) of section 104(b)''. (d) Proof of Payment of the Heavy Vehicle Use Tax.--Section 141(c) of title 23, United States Code, is amended-- (1) by striking ``section 104(b)(4)'' each place it appears and inserting ``section 104(b)(1)''; and (2) in the first sentence by striking ``25 per centum'' and inserting `` 8 percent''. (e) Use of Safety Belts.--Section 153(h) of title 23, United States Code, is amended-- (1) by striking paragraph (1); (2) by redesignating paragraph (2) as paragraph (1); (3) in paragraph (1) (as so redesignated)-- (A) by striking the paragraph heading and inserting ``Prior to fiscal year 2012''; and (B) by inserting ``and before October 1, 2011,'' after ``September 30, 1994,''; and (4) by inserting after paragraph (1) (as so redesignated) the following: ``(2) Fiscal year 2012 and thereafter.--If, at any time in a fiscal year beginning after September 30, 2011, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State for the succeeding fiscal year under each of paragraphs (1) through (3) of section 104(b) to the apportionment of the State under section

[(a) T5Positive Protective Devices.]--Not later than 60 days after the date of enactment of this Act, the Secretary shall modify section 630.1108(a) of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that-- (1) at a minimum, positive protective measures are used to separate workers on highway construction projects from motorized traffic in all work zones conducted under traffic in areas that offer workers no means of escape (such as tunnels and bridges), unless an engineering study determines otherwise; (2) temporary longitudinal traffic barriers are used to protect workers on highway construction projects in long- duration stationary work zones when the project design speed is anticipated to be high and the nature of the work requires workers to be within 1 lane-width from the edge of a live travel lane, unless-- (A) an analysis by the project sponsor determines otherwise; or (B) the project is outside of an urbanized area and the annual average daily traffic load of the applicable road is less than 100 vehicles per hour; and (3) when positive protective devices are necessary for highway construction projects, those devices are paid for on a unit-pay basis, unless doing so would create a conflict with innovative contracting approaches, such as design-build or some performance-based contracts under which the contractor is paid to assume a certain risk allocation and payment is generally made on a lump-sum basis. [(b) Turnout Gear.--Notwithstanding sections 6D.03 and 6E.02 of the Manual on Uniform Traffic Control Devices dated 2009 (as in effect on the date of enactment of this Act), any firefighter engaged in any type of operation while working within the right-of-way of a Federal-aid highway may optionally wear for compliance retroreflective turnout gear that is specified and regulated by other organizations, such as the gear specified in National Fire Protection Association standards 1971 through 2007 (as in effect on that date of enactment), in lieu of apparel meeting the requirements under ANSI/ISEA 107-2004 or ANSI/ISEA 207-2006 (as in effect on that date).]

The first sentence of section 102(b) of title 23, United States Code, is amended by striking ``made available for such engineering'' and inserting ``reimbursed for the preliminary engineering''.

Section 106 of title 23, United States Code, is amended-- (1) in subsection (a)(2) by inserting ``recipient'' before ``formalizing''; (2) in subsection (c)-- (A) in paragraph (1)-- (i) in the heading, by striking ``Non-interstate''; and (ii) by striking ``but not on the Interstate System''; and (B) by striking paragraph (4) and inserting the following: ``(4) Limitation on interstate projects.-- ``(A) In general.--The Secretary shall not assign any responsibilities to a State for projects the Secretary determines to be in a high risk category, as defined under subparagraph (B). ``(B) High risk categories.--The Secretary may define the high risk categories under this subparagraph on a national basis, a State-by-State basis, or a national and State-by- State basis, as determined to be appropriate by the Secretary.''; (3) in subsection (e)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in the matter preceding clause (i)-- (aa) by striking ``concept'' and inserting ``planning''; and (bb) by striking ``multidisciplined'' and inserting ``multidisciplinary''; and (II) by striking clause (i) and inserting the following: ``(i) providing the needed functions and achieving the established commitments (including environmental, community, and agency commitments) safely, reliably, and at the lowest overall lifecycle cost;''; and (ii) in subparagraph (B) by striking clause (ii) and inserting the following: ``(ii) refining or redesigning, as appropriate, the project using different technologies, materials, or methods so as to accomplish the purpose, functions, and established commitments (including environmental, community, and agency commitments) of the project.''; (B) in paragraph (2)-- (i) in the matter preceding subparagraph (A) by striking ``or other cost-reduction analysis''; (ii) in subparagraph (A) by striking ``Federal-aid system'' and inserting ``National Highway System receiving Federal assistance''; and (iii) in subparagraph (B) by inserting ``on the National Highway System receiving Federal assistance'' after ``a bridge project''; and (C) by striking paragraph (4) and inserting the following: ``(4) Requirements.-- ``(A) Value engineering program.--The State shall develop and carry out a value engineering program that-- ``(i) establishes and documents value engineering program policies and procedures; ``(ii) ensures that the required value engineering analysis is conducted before completing the final design of a project; ``(iii) ensures that the value engineering analysis that is conducted, and the recommendations developed and implemented for each project, are documented in a final value engineering report; and ``(iv) monitors, evaluates, and annually submits to the Secretary a report that describes the results of the value analyses that are conducted and the recommendations implemented for each of the projects described in paragraph (2) that are completed in the State. ``(B) Bridge projects.--The value engineering analysis for a bridge project under paragraph (2) shall-- ``(i) include bridge superstructure and substructure requirements based on construction material; and ``(ii) be evaluated by the State-- ``(I) on engineering and economic bases, taking into consideration acceptable designs for bridges; and ``(II) using an analysis of lifecycle costs and duration of project construction.''; (4) in subsection (g)(4) by adding at the end the following: ``(C) Funding.-- ``(i) In general.--Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under section 104(b)(2) for carrying out the responsibilities of the State under subparagraph (A). ``(ii) Eligible activities.--Activities eligible for assistance under this subparagraph include-- ``(I) State administration of subgrants; and ``(II) State oversight of subrecipients. ``(iii) Annual work plan.--To receive the funding flexibility made available under this subparagraph, the State shall submit to the Secretary an annual work plan identifying activities to be carried out under this subparagraph during the applicable year. ``(iv) Federal share.--The Federal share of the cost of activities carried out under this subparagraph shall be 100 percent.''; and (5) in subsection (h)-- (A) in paragraph (1)(B) by inserting ``, including a phasing plan when applicable'' after ``financial plan''; and (B) by striking paragraph (3) and inserting the following: ``(3) Financial plan.--A financial plan-- ``(A) shall be based on detailed estimates of the cost to complete the project; ``(B) shall provide for the annual submission of updates to the Secretary that are based on reasonable assumptions, as determined by the Secretary, of future increases in the cost to complete the project; and ``(C) may include a phasing plan that identifies fundable incremental improvements or phases that will address the purpose and the need of the project in the short term in the event there are insufficient financial resources to complete the entire project. If a phasing plan is adopted for a project pursuant to this section, the project shall be deemed to satisfy the fiscal constraint requirements in the statewide and metropolitan planning requirements in sections 134 and 135.''.

(a) Practical Design.--Section 109 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``and'' at the end; (B) in paragraph (2) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) utilize, when appropriate, practical design solutions, as defined in this section, to ensure that transportation needs are met and that funds available for transportation projects are used efficiently.''; (2) in subsection (c)-- (A) in paragraph (1), in the matter preceding subparagraph

Section 114 of title 23, United States Code, is amended-- (1) in subsection (b)-- (A) by striking paragraph (1) and inserting the following: ``(1) Limitation on convict labor.--Convict labor shall not be used in construction of Federal-aid highways or portions of Federal-aid highways unless the labor is performed by convicts who are on parole, supervised release, or probation.''; and (B) in paragraph (3) by inserting ``in existence during that period'' after ``located on a Federal-aid system''; and (2) in subsection (c)-- (A) by striking paragraph (1) and inserting the following: ``(1) In general.--The Secretary shall ensure that a worker who is employed on a remote project for the construction of a Federal-aid highway or portion of a Federal-aid highway in the State of Alaska and who is not a domiciled resident of the locality shall receive meals and lodging.''; and (B) in paragraph (3)(C) by striking ``highway or portion of a highway located on a Federal-aid system'' and inserting ``Federal-aid highway or portion of a Federal-aid highway''.

Section 116 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in the first sentence, by inserting ``or other direct recipient'' before ``to maintain''; and (B) by striking the second sentence; (2) by striking subsection (b) and inserting the following: ``(b) Agreement.--In any State in which the State transportation department or other direct recipient is without legal authority to maintain a project described in subsection (a), the transportation department or direct recipient shall enter into a formal agreement with the appropriate officials of the county or municipality in which the project is located providing for the maintenance of the project.''; and (3) in the first sentence of subsection (c) by inserting ``or other direct recipient'' after ``State transportation department''.

Section 120 of title 23, United States Code, is amended-- (1) in the first sentence of subsection (c)(1)-- (A) by inserting ``maintaining minimum levels of retroreflectivity of highway signs or pavement markings,'' after ``traffic control signalization,''; (B) by inserting ``shoulder and centerline rumble strips and stripes,'' after ``pavement marking,''; and (C) by striking ``Federal-aid systems'' and inserting ``Federal-aid programs''; (2) in subsection (e)-- (A) in the first sentence-- (i) in the matter preceding paragraph (1) by striking ``on such highway'' and inserting ``on the system''; [and] (ii) in paragraph (1) by striking ``within 180 days after the actual occurrence of the natural disaster or catastrophic failure may amount to 100 percent of the costs thereof'' and inserting ``, beginning for fiscal year 2012, in such time period as the Secretary, in consultation with the Governor of the impacted State, determines to be appropriate within 270 days after the occurrence of the natural disaster or catastrophic failure, taking into consideration any delay in the ability of the State to access damaged facilities to evaluate damage and the cost of repair, may be, in the discretion of the Secretary, up to 100 percent if the eligible expenses incurred by the State due to the natural disaster or catastrophic failure exceeds the annual apportionment of the State under section 104 for the fiscal year in which the disaster or failure occurred''; and (ii)(iii) in paragraph (2) by striking ``forest highways, forest development roads and trails, park roads and trails, parkways, public lands highways, public lands development roads and trails, and Indian reservation roads'' and inserting ``Federal land transportation facilities and tribal transportation facilities''; and (B) by striking the second and third sentences; (3) by striking subsection (g) and redesignating subsections (h) through (l) as subsections (g) through (k), respectively; (4) in subsection (i)(1)(A) (as redesignated by paragraph (3)) by striking ``and the Appalachian development highway system program under section 14501 of title 40''; and (5) by striking subsections (j) and (k) (as redesignated by paragraph (3)) and inserting the following: ``(j) Use of Federal Agency Funds.--Notwithstanding any other provision of law, any Federal funds other than those made available under this title and title 49, United States Code, may be used to pay the non-Federal share of the cost of any transportation project that is within, adjacent to, or provides access to Federal land, the Federal share of which is funded under this title or chapter 53 of title 49. ``(k) Use of Federal Land and Tribal Transportation Funds.--Notwithstanding any other provision of law, the funds authorized to be appropriated to carry out the tribal transportation program under section 202 and the Federal lands transportation program under section 203 may be used to pay the non-Federal share of the cost of any project that is funded under this title or chapter 53 of title 49 and that provides access to or within Federal or tribal land.''.

(a) In General.--Section 126 of title 23, United States Code, is amended to read as follows:

Section 127 of title 23, United States Code, is amended by inserting at the end the following: ``(i) Special Permits During Periods of National Emergency.-- ``(1) In general.--Notwithstanding any other provision of this section, a State may issue special permits during an emergency to overweight vehicles and loads that can easily be dismantled or divided if-- ``(A) the President has declared the emergency to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); ``(B) the permits are issued in accordance with State law; and ``(C) the permits are issued exclusively to vehicles and loads that are delivering relief supplies. ``(2) Expiration.--A permit issued under paragraph (1) shall expire not later than 120 days after the date of the declaration of emergency under subparagraph (A) of that paragraph.''.

(a) Fringe and Corridor Parking Facilities.--Section 137 of title 23, United States Code, is amended-- (1) in subsection (a) by inserting after the second sentence the following: ``The addition of electric vehicle charging stations to new or previously funded parking facilities shall be eligible for funding under this section.''; and (2) in subsection (f)(1)-- (A) by striking ``104(b)(4)'' and inserting ``104(b)(1)''; and (B) by inserting ``including the addition of electric vehicle charging stations,'' after ``new facilities,''. (b) Public Transportation .--Section 142(a)(1) of title 23, United States Code, is amended by inserting ``(which may include electric vehicle charging stations)'' after ``corridor parking facilities''.

Section 166 of title 23, United States Code, is amended-- (1) in subsection (b)(5)-- (A) in subparagraph (A) by striking ``Before September 30, 2009, the'' and inserting ``The''; and (B) in subparagraph (B) by striking ``Before September 30, 2009, the'' and inserting ``The''; and (2) in subsection (d)(1)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``in a fiscal year shall certify'' and inserting ``shall submit to the Secretary a report demonstrating that the facility is not already degraded, and that the presence of the vehicles will not cause the facility to become degraded, and certify''; and (ii) by striking ``in the fiscal year''; (B) in subparagraph (A) by inserting ``and submitting to the Secretary annual reports of those impacts'' after ``adjacent highways''; (C) in subparagraph (C) by striking ``if the presence of the vehicles has degraded the operation of the facility'' and inserting ``whenever the operation of the facility is degraded''; and (D) by adding at the end the following: ``(D) Maintenance of operating performance.--A facility that has become degraded shall be brought back into compliance with the minimum average operating speed performance standard by not later than 180 days after the date on which the degradation is identified through changes to operation, including the following: ``(i) Increase the occupancy requirement for HOVs. ``(ii) Increase the toll charged for vehicles allowed under subsection (b) to reduce demand. ``(iii) Charge tolls to any class of vehicle allowed under subsection (b) that is not already subject to a toll. ``(iv) Limit or discontinue allowing vehicles under subsection (b). ``(v) Increase the available capacity of the HOV facility. ``(E) Compliance.--If the State fails to bring a facility into compliance under subparagraph (D), the Secretary shall subject the State to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded.''.

(a) In General.--Chapter 3 of title 23, United States Code, is amended by adding at the end the following:

Section 1805(a) of the SAFETEA-LU (23 U.S.C. 144 note; 119 Stat. 1459) is amended by striking ``highway bridge replacement and rehabilitation program under section 144'' and inserting ``national highway performance program under section 119''.

Section 1023(h)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102- 388) is amended by striking ``, for the period beginning on October 6, 1992, and ending on October 1, 2009,''.

(a) Moving and Related Expenses.--Section 202 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4622) is amended-- (1) in subsection (a)(4) by striking ``$10,000'' and inserting ``$25,000, as adjusted by regulation, in accordance with section 213(d)''; and (2) in the second sentence of subsection (c) by striking ``$20,000'' and inserting ``$40,000, as adjusted by regulation, in accordance with section 213(d)''. (b) Replacement Housing for Homeowners.--The first sentence of section 203(a)(1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4623(a)(1)) is amended-- (1) by striking ``$22,500'' and inserting ``$31,000, as adjusted by regulation, in accordance with 213(d),''; and (2) by striking ``one hundred and eighty days prior to'' and inserting ``90 days before''. (c) Replacement Housing for Tenants and Certain Others.-- Section 204 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is amended-- (1) in the second sentence of subsection (a) by striking ``$5,250'' and inserting ``$7,200, as adjusted by regulation, in accordance with section 213(d)''; and (2) in the second sentence of subsection (b) by striking ``, except'' and all that follows through the end of the subsection and inserting a period. (d) Duties of Lead Agency.--Section 213 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4633) is amended-- (1) in subsection (b)-- (A) in paragraph (2) by striking ``and'' at the end; (B) in paragraph (3) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(4) that each Federal agency that has programs or projects requiring the acquisition of real property or causing a displacement from real property subject to the provisions of this Act shall provide to the lead agency an annual summary report the describes the activities conducted by the Federal agency.''; and (2) by adding at the end the following: ``(d) Adjustment of Payments.--The head of the lead agency may adjust, by regulation, the amounts of relocation payments provided under sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the lead agency determines that cost of living, inflation, or other factors indicate that the payments should be adjusted to meet the policy objectives of this Act.''. (e) Agency Coordination.--Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 is amended by inserting after section 213 (42 U.S.C. 4633) the following:

(a) In General.--The Secretary shall encourage the States and regional transportation planning agencies to enter into contracts and cooperative agreements with Healthy Futures Corps under section 122(a)(2) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)(2)) or qualified urban youth corps (as defined in section 106(c) of the National and Community Service Trust Act of 1993 (42 U.S.C. 12656(c)) to perform-- (1) appropriate projects eligible under sections 162, 206, and 217 of title 23, United States Code; (2) appropriate transportation enhancement activities (as defined in section 101(a) of such title); (3) appropriate transportation byway, trail, or bicycle and pedestrian projects under section 204 of such title; and (4) appropriate safe routes to school projects under section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat.

(a) Consolidation of Programs.--From administrative funds made available under section 104(a) of title 23, United States Code, not less than [$10,000,000 for each fiscal year] $15,000,000 for each of fiscal years 2012 and 2013 shall be made available for the following activities: (1) To carry out the operation lifesaver program-- (A) to provide public information and education programs to help prevent and reduce motor vehicle accidents, injuries, and fatalities; and (B) to improve driver performance at railway-highway crossings. (2) To operate the national work zone safety information clearinghouse authorized by section 358(b)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 401 note; 109 Stat. 625) (3) To operate a public road safety clearinghouse in accordance with section 1411(a) of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1234). (4) To operate a bicycle and pedestrian safety clearinghouse in accordance with section 1411(b) of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1234). (5) To operate a national safe routes to school clearinghouse in accordance with section 1404(g) of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1229). (6) To provide work zone safety grants in accordance with subsections (a) and (b) of section 1409 of the SAFETEA-LU (23 U.S.C. 401 note; 119 Stat. 1232). (7) To provide grants to prohibit racial profiling in accordance with section 1906 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1468). (b) Repeals.--Sections 105, 110, 117, 124, 147, 151, 155, 160, and 303 of title 23, United States Code, are repealed. (c) Conforming Amendments.-- (1) Title analysis.--The analysis for title 23, United States Code, is amended by striking the items relating to sections 105, 110, 117, 124, 147, 152, 155, 160, and 303 of that title. (2) Section 118.--Section 118 of such title is amended-- (A) in subsection (b)-- (i) by striking paragraph (1) and all that follows through the heading of paragraph (2); and (ii) by striking ``(other than for Interstate construction)''; [and] (B) by striking subsection (c); and (C) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (3) Section 130.--Section 130 of such title is amended-- (A) by striking subsections (e) through (h); (B) by redesignating subsection (i) as subsection (e); (C) by striking subsections (j) and (k); (D) by redesignating subsection (l) as subsection (f); (E) in subsection (e) (as so redesignated) by striking ``this section'' [the second place it appears] the second place it appears and inserting ``section 104(b)(3)''; and (F) in subsection (f) (as so redesignated) by striking paragraphs (3) and (4). (4) Section 142.--Section 142 of title 23, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) by striking ``motor vehicles (other than rail)'' and inserting ``buses''; (II) by striking ``(hereafter in this section referred to as `buses')''; (III) by striking ``Federal-aid systems'' and inserting ``Federal-aid highways''; and (IV) by striking ``Federal-aid system'' and inserting ``Federal-aid highway''; and (ii) in paragraph (2)-- (I) by striking ``as a project on the the surface transportation program for''; and (II) by striking ``section 104(b)(3)'' and inserting ``section 104(b)(2); (B) in subsection (b) by striking ``104(b)(4)'' and inserting ``104(b)(1)''; (C) in subsection (c)-- (i) by striking ``system'' in each place it appears and inserting ``highway''; and (ii) by striking ``highway facilities'' and inserting ``highways eligible under the program that is the source of the funds''; (D) in subsection (e)(2)-- (i) by striking ``Notwithstanding section 209(f)(1) of the Highway Revenue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized by subsection (a)(2) of this section and such projects'' and inserting ``Projects authorized by subsection (a)(2)''; and (ii) striking ``on the surface transportation program'' and inserting ``under the transportation mobility program''; and (E) in subsection (f) by striking ``exits'' and inserting ``exists''. (5) Section 145.--Section 145(b) of title 23, United States Code, is amended by striking ``section 117 of this title,''. (6) Section 322.--Section 322(h)(3) of title 23, United States Code, is amended by striking ``surface transportation program'' and inserting ``the transportation mobility program''. (d) Certain Allocations.--Notwithstanding any other provision of law, any unobligated balances of amounts required to be allocated to a State by section 1307(d)(1) of the SAFETEA-LU (23 U.S.C. 322 note; 119 Stat. 1217; 122 Stat. 1577) shall instead be made available to such State for any purpose eligible under section 133(c) of title 23, United States Code.

(a) Fiscal Year 2012.-- (1) Not later than 30 days after the date of enactment of this Act, of the unobligated balances available under sections 144(f) and 320 of title 23, United States Code, section 147 of Public Law 95-599 (23 U.S.C. 144 note; 92 Stat. 2714), section 9(c) of Public Law 97-134 (95 Stat. 1702), section 149 of Public Law 100-17 (101 Stat. 181), sections 1006, 1069, 1103, 1104, 1105, 1106, 1107, 1108, 6005, 6015, and 6023 of Public Law 102-240 (105 Stat. 1914), section 1602 of Public Law 105-178 (112 Stat. 256), sections 1301, 1302, 1702, and 1934 of Public Law 109-59 (119 Stat. 1144), and of other funds apportioned to each State under chapter 1 of title 23, United States Code, prior to the date of enactment of this Act, $2,391,000,000 are permanently rescinded. (2) In administering the rescission required under this subsection, the Secretary shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies. (b) Fiscal Year 2013.-- (1) On October 1, 2012, of the unobligated balances of funds apportioned or allocated on or before that date to each State under chapter 1 of title 23, United States Code, $3,054,000,000 are permanently rescinded. (2) Notwithstanding section 1132 of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1763), in administering the rescission required under this subsection, the Secretary shall allow each State to determine the amount of the required rescission to be drawn from the programs to which the rescission applies.

Not later than 180 days after the date of enactment of this Act, the Secretary shall modify section 635.411 of title 23, Code of Federal Regulations (as in effect on the date of enactment of this Act), to ensure that States shall have the autonomy to determine culvert and storm sewer material types to be included in the construction of a project on a Federal- aid highway.

(a) Limited Number of Performance Measures.--In implementing provisions of this Act (including the amendments made by this Act) and title 23, United States Code (other than chapter 4 of that title), that authorize the Secretary to develop performance measures, the Secretary shall limit the number of performance measures established to the most significant and effective measures. (b) Different Approaches for Urban and Rural Areas.--In the development and implementation of any performance target, a State may, as appropriate, provide for different performance targets for urbanized and rural areas.

(a) Definitions.--In this section: (1) Eligible bridge project.--The term ``eligible bridge project'' means a project for construction, alteration, or repair work on a bridge or overpass funded directly by, or provided other assistance through, the Federal Government. (2) Qualified training program.--The term ``qualified training program'' means a training program that-- (A)(i) is certified by the Secretary of Labor; and (ii) with respect to an eligible bridge project located in an area in which the Secretary of Labor determines that a training program does not exist, is registered with-- (I) the Department of Labor; or (II) a State agency recognized by the Department of Labor for purposes of a Federal training program; or (B) is a corrosion control, mitigation and prevention personnel training program that is offered by an organization whose standards are recognized and adopted in other Federal or State Departments of Transportation. (3) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) Eligibility Requirements.-- (1) In general.--Each contractor and subcontractor that carries out any aspect of an eligible bridge project described in paragraph (2) shall-- (A) before entering into the applicable contract, be certified by the Secretary or a State, in accordance with paragraph (4), as meeting the eligibility requirements described in paragraph (3); and (B) remain certified as described in subparagraph (A) while carrying out the applicable aspect of the eligible bridge project. (2) Description of aspects of eligible bridge projects.--An aspect of an eligible bridge project referred to in paragraph (1) is-- (A) surface preparation or coating application on bridge steel of an eligible bridge project; (B) removal of a lead-based or other hazardous coating from bridge steel of an existing eligible bridge project; (C) shop painting of structural steel fabricated for installation on bridge steel of an eligible bridge project; and (D) the design, application, installation, and maintenance of a cathodic protection system. (3) Requirements.--The eligibility requirements referred to in paragraph (1) are that a contractor or subcontractor shall-- (A) as determined by the Secretary-- (i) use corrosion mitigation and prevention methods to preserve relevant bridges and overpasses, taking into account-- (I) material selection; (II) coating considerations; (III) cathodic protection considerations; (IV) design considerations for corrosion; and (V) trained applicators; (ii) use best practices-- (I) to prevent environmental degradation; and (II) to ensure careful handling of all hazardous materials; and (iii) demonstrate a history of employing industry-respected inspectors to ensure funds are used in the interest of affected taxpayers; and (B) demonstrate a history of compliance with applicable requirements of the Occupational Safety and Health Administration, as determined by the Secretary of Labor. (4) State consultation.--In determining whether to certify a contractor or subcontractor under paragraph (1)(A), a State shall consult with engineers and other experts trained in accordance with subsection (a)(2) specializing in corrosion control, mitigation, and prevention methods. (c) Optional Training Program.--As a condition of entering into a contract for an eligible bridge project, each contractor and subcontractor that performs construction, alteration, or repair work on a bridge or overpass for the eligible bridge project may provide, or make available, training, through a qualified training program, for each applicable craft or trade classification of employees that the contractor or subcontractor intends to employ to carry out aspects of eligible bridge projects as described in subsection (b)(2).

(a) In General.--The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Highway research and development program.--To carry out sections 503(b), 503(d), and 509 of title 23, United States Code, $90,000,000 for each of fiscal years 2012 and 2013. (2) Technology and innovation deployment program.--To carry out section 503(c) of title 23, United States Code, $90,000,000 for each of fiscal years 2012 and 2013. (3) Training and education.--To carry out section 504 of title 23, United States Code, $24,000,000 for each of fiscal years 2012 and 2013. (4) Intelligent transportation systems program.--To carry out sections 512 through 518 of title 23, United States Code, $100,000,000 for each of fiscal years 2012 and 2013. (5) University transportation centers program.--To carry out section 5505 of title 49, United States Code, $70,000,000 for each of fiscal years 2012 and 2013. (6) Bureau of transportation statistics.--To carry out chapter 65 of title 49, United States Code, $26,000,000 for each of fiscal years 2012 and 2013. (b) Applicability of Title 23, United States Code.--Funds authorized to be appropriated by subsection (a) shall-- (1) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and (2) remain available until expended and not be transferable.

Section 501 of title 23, United States Code, is amended-- (1) by redesignating paragraph (2) as paragraph (8); (2) by inserting after paragraph (1) the following: ``(2) Incident.--The term `incident' means a crash, natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic. ``(3) Innovation lifecycle.--The term `innovation lifecycle' means the process of innovating through-- ``(A) the identification of a need; ``(B) the establishment of the scope of research to address that need; ``(C) setting an agenda; ``(D) carrying out research, development, deployment, and testing of the resulting technology or innovation; and ``(E) carrying out an evaluation of the impact of the resulting technology or innovation. ``(4) Intelligent transportation infrastructure.--The term `intelligent transportation infrastructure' means fully integrated public sector intelligent transportation system components, as defined by the Secretary. ``(5) Intelligent transportation system.--The terms `intelligent transportation system' and `ITS' mean electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. ``(6) National architecture.--For purposes of this chapter, the term `national architecture' means the common framework for interoperability that defines-- ``(A) the functions associated with intelligent transportation system user services; ``(B) the physical entities or subsystems within which the functions reside; ``(C) the data interfaces and information flows between physical subsystems; and ``(D) the communications requirements associated with the information flows. ``(7) Project.--The term `project' means an undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this chapter.''; and (3) by inserting after paragraph (8) (as so redesignated) the following: ``(9) Standard.--The term `standard' means a document that-- ``(A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for the intended purposes of the materials, products, processes, and services; and ``(B) may support the national architecture and promote-- ``(i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and ``(ii) interoperability among intelligent transportation system technologies implemented throughout the States.''.

(a) Surface Transportation Research, Development, and Technology.--Section 502 of title 23, United States Code, is amended-- (1) in the section heading by inserting ``, DEVELOPMENT, AND TECHNOLOGY'' after ``SURFACE TRANSPORTATION RESEARCH''; (2) in subsection (a)-- (A) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; (B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following: ``(1) Applicability.--The research, development, and technology provisions of this section shall apply throughout this chapter.''; (C) in paragraph (2) (as redesignated by subparagraph

(a) In General.--Section 503 of title 23, United States Code, is amended to read as follows:

Section 504 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A) by inserting ``and the employees of any other applicable Federal agency'' before the semicolon at the end; (B) in paragraph (3)(A)(ii)(V) by striking ``expediting'' and inserting ``reducing the amount of time required for''; (C) by striking paragraph (4); (D) by redesignating paragraphs (5) through (8) as paragraphs (4) through (7), respectively; and (E) in paragraph (7) (as redesignated by subparagraph (D)) by striking ``paragraph (7)'' and inserting ``paragraph

Section 505 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1) by striking ``section 104 (other than sections 104(f) and 104(h)) and under section 144'' and inserting ``paragraphs (1) through (5) of section 104(b)''; and (B) in paragraph (3) by striking ``under section 303'' and inserting ``, plans, and processes under sections 119, 148, 149, and 167''; (2) in subsection (b)-- (A) in paragraph (1) by striking ``25'' and inserting ``24''; and (B) in paragraph (2) by striking ``75 percent of the funds described in paragraph (1)'' and inserting ``70 percent of the funds described in subsection (a)''; (3) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (4) by inserting after subsection (b) the following: ``(c) Implementation of Future Strategic Highway Research Program Findings and Results.-- ``(1) Funds.--Not less[Not less] than 6 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be made available to the Secretary to carry out section 503(c)(2)(C). ``(2) Treatment of funds.--Funds[Funds] expended under paragraph (1) shall not be considered to be part of the extramural budget of the agency for the purpose of section 9 of the Small Business Act (15 U.S.C. 638).''; and (5) in paragraph (e) (as so redesignated) by striking ``section 118(b)(2)'' and inserting ``section 118(b)''.

Section 506 of title 23, United States Code, is repealed.

Section 507 of title 23, United States Code, is repealed.

Section 509(d) of title 23, United States Code, is amended by adding at the end the following: ``(6) Coordination of cooperative research.--The National Academy of Sciences shall coordinate research agendas, research project selections, and competitions across all transportation-related cooperative research programs carried out by the National Academy of Sciences to ensure program efficiency, effectiveness, and the dissemination of research findings.''.

(a) In General.--Section 5505 of title 49, United States Code, is amended to read as follows:

(a) In General.--Subtitle III of title 49, United States Code, is amended by adding at the end the following:

Section 112 of title 49, United States Code, is amended by adding at the end the following: ``(f) Promotional Authority.--Amounts authorized to be appropriated for the administration and operation of the Research and Innovative Technology Administration may be used to purchase promotional items of nominal value for use by the Administrator of the Research and Innovative Technology Administration in the recruitment of individuals and promotion of the programs of the Administration. ``(g) Program Evaluation and Oversight.--For each of fiscal years 2012 and 2013, the Administrator may expend not more than 1\1/2\ percent of the amounts authorized to be appropriated for the administration and operation of the Research and Innovative Technology Administration to carry out the coordination, evaluation, and oversight of the programs administered by the Administration. ``(h) Collaborative Research and Development.-- ``(1) In general.--To encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology, the Administrator may carry out, on a cost-shared basis, collaborative research and development with-- ``(A) non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State; ``(B) Federal laboratories; and ``(C) other Federal agencies. ``(2) Cooperation, grants, contracts, and agreements.-- Notwithstanding any other provision of law, the Administrator may directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts. ``(3) Federal share.-- ``(A) In general.--Subject to subparagraph (B), the Federal share of the cost of an activity carried out under paragraph (2) shall not exceed 50 percent. ``(B) Exception.--If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share. ``(C) Non-federal share.--All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in subparagraph (A). ``(4) Use of technology.--The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). ``(5) Waiver of advertising requirements.--Section 3709 of the Revised Statutes (41 U.S.C. 5) shall not apply to a contract, grant, or other agreement entered into under this section.''.

Section 508(a)(2) of title 23, United States Code, is amended by striking subparagraph (A) and inserting the following: ``(A) describe the primary purposes of the transportation research and development program, which shall include, at a minimum-- ``(i) promoting safety; ``(ii) reducing congestion and improving mobility; ``(iii) protecting and enhancing the environment; ``(iv) preserving the existing transportation system; ``(v) improving the durability and extending the life of transportation infrastructure; and ``(vi) improving goods movement;''.

(a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a stakeholder-driven process to develop a plan and map of a potential national network of electric vehicle corridors and recharging infrastructure. (b) Requirements.--The plan under subsection (a) shall-- (1) project the near- and long-term need for and location of electric vehicle refueling infrastructure at strategic locations across all major national highways, roads, and corridors; (2) identify infrastructure and standardization needs for electricity providers, infrastructure providers, vehicle manufacturers, and electricity purchasers; and (3) establish an aspirational goal of achieving strategic deployment of electric vehicle infrastructure by 2020. (c) Stakeholders.--In developing the plan under subsection (a), the Secretary shall involve, on a voluntary basis, stakeholders that include-- (1) the heads of other Federal agencies; (2) State and local officials; (3) representatives of-- (A) energy utilities; (B) the vehicles industry; (C) the freight and shipping industry; (D) clean technology firms; (E) the hospitality industry; (F) the restaurant industry; and (G) highway rest stop vendors; and (4) such other stakeholders as the Secretary determines to be necessary.

Section 513 of title 23, United States Code, is amended to read as follows:

(a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 513 the following:

(a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 514 (as added by section 2302) the following:

(a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 515 (as added by section 2303) the following:

(a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 516 (as added by section 2304) the following:

(a) In General.--Chapter 5 of title 23, United States Code, is amended by adding after section 517 (as added by section 2305) the following:

This title may be cited as the ``America Fast Forward Financing Innovation Act of 2011''.

Sections 601 through 609 of title 23, United States Code, are amended to read as follows:

Section 610(d)(1)(A) of title 23, United States Code, is amended by striking ``sections 104(b)(1)'' and all that follows though the semicolon and inserting ``paragraphs (1) and (2) of section 104(b)''.

(a) In General.--Title 23, United States Code, is amended by adding at the end the following:

Under the previous order, the committee-reported amendments are agreed to, and the bill, as amended, will be considered original text for purposes of further amendment.

Sen. Harry Reid

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On behalf of Senators Johnson and Shelby, the chairman and ranking member of the Banking Committee, I send an amendment to the desk.

The clerk will report.

The bill clerk read as follows:

The Senator from Nevada [Mr. Reid], for Mr. Johnson and Mr. Shelby, proposes an amendment numbered 1515.

Sen. Harry Reid

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Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Without objection, it is so ordered.

(The amendment is printed in today's Record under ``Text of Amendments.'')