Pub. L. 111-5, div. A, tit. XII, sec. 1201

Sec. 1201. (a) Maintenance of Effort.—Not later than 30 days after the date of enactment of this Act, for each amount that is distributed to a State or agency thereof from an appropriation in this Act for a covered program, the Governor of the State shall certify to the Secretary of Transportation that the State will maintain its effort with regard to State funding for the types of projects that are funded by the appropriation. As part of this certification, the Governor shall submit to the Secretary of Transportation a statement identifying the amount of funds the State planned to expend from State sources as of the date of enactment of this Act during the period beginning on the date of enactment of this Act through September 30, 2010, for the types of projects that are funded by the appropriation.(b) Failure To Maintain Effort.— If a State is unable to maintain the level of effort certified pursuant to subsection (a), the State will be prohibited by the Secretary of Transportation from receiving additional limitation pursuant to the redistribution of the limitation on obligations for Federal-aid highway and highway safety construction programs that occurs after August 1 for fiscal year 2011.(c) Periodic Reports.—123 STAT. 213(1) In general.—Notwithstanding any other provision of law, each grant recipient shall submit to the covered agency from which they received funding periodic reports on the use of the funds appropriated in this Act for covered programs. Such reports shall be collected and compiled by the covered agency and transmitted to Congress. Covered agencies may develop such reports on behalf of grant recipients to ensure the accuracy and consistency of such reports.(2) Contents of Reports.—For amounts received under each covered program by a grant recipient under this Act, the grant recipient shall include in the periodic reports information tracking-(A) the amount of Federal funds appropriated, allocated, obligated, and outlayed under the appropriation;(B) the number of projects that have been put out to bid under the appropriation and the amount of Federal funds associated with such projects;(C) the number of projects for which contracts have been awarded under the appropriation and the amount of Federal funds associated with such contracts;(D) the number of projects for which work has begun under such contracts and the amount of Federal funds associated with such contracts;(E) the number of projects for which work has been completed under such contracts and the amount of Federal funds associated with such contracts;(F) the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the appropriation and, to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries, including the number of job-years created and the total increase in employment since the date of enactment of this Act; and(G) for each covered program report information tracking the actual aggregate expenditures by each grant recipient from State sources for projects eligible for funding under the program during the period beginning on the date of enactment of this Act through September 30, 2010, as compared to the level of such expenditures that were planned to occur during such period as of the date of enactment of this Act.(3) Timing of Reports.—Each grant recipient shall submit the first of the periodic reports required under this subsection not later than 90 days after the date of enactment of this Act and shall submit updated reports not later than 180 days, 1 year, 2 years, and 3 years after such date of enactment.(d) Definitions.—In this section, the following definitions apply:(1) Covered Agency.—The term “covered agency” means the Office of the Secretary of Transportation, the Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, the Federal Transit Administration and the Maritime Administration of the Department of Transportation.(2) Covered Program.—The term “covered program” means funds appropriated in this Act for “Supplemental Discretionary Grants for a National Surface Transportation System” 123 STAT. 214 to the Office of the Secretary of Transportation, for “Supplemental Funding for Facilities and Equipment” and “Grants-in-Aid for Airports” to the Federal Aviation Administration; for “Highway Infrastructure Investment” to the Federal Highway Administration; for “Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service” and “Capital Grants to the National Railroad Passenger Corporation” to the Federal Railroad Administration; for “Transit Capital Assistance”, “Fixed Guideway Infrastructure Investment”, and “Capital Investment Grants” to the Federal Transit Administration; and “Supplemental Grants for Assistance to Small Shipyards” to the Maritime Administration.(3) Grant recipient.—The term “grant recipient” means a State or other recipient of assistance provided under a covered program in this Act. Such term does not include a Federal department or agency.(e) Notwithstanding any other provision of law, sections 3501–3521 of title 44, United States Code, shall not apply to the provisions of this section.